Candidate Privacy Policy
Effective Date: 1st May 2022
We are Luxclusif Unipessoal, Lda. (“Luxclusif”, “we”, “us”, “our”), and we are committed to protecting your privacy.
Luxclusif is the controller for the purposes of the General Data Protection Regulation (the “GDPR”) a company registered in Portugal (Company No. 516069829), with its registered office located at Rua Silva Porto, 235, 3 Dto, 4250-469 Porto, and manages the Careers page on Luxclusif.com (the “Careers Page”).
This privacy policy sets out the basis on which we process any personal data that you provide to us and other data we receive from you or third parties (such as referees) in connection with your job application.
By submitting your job application you acknowledge and agree to the practices described in this policy.
Please read the following carefully to understand our views and practices regarding your data and how we will treat it.
If you have any questions or concerns about this Policy, including any requests to exercise your legal rights, you can contact us at dataprivacy@upteamco.com.
A. THE TYPES OF DATA WE RECEIVE AND USE
We will receive and use the following information about you:
Information you provide as part of your application: You will provide us information about you to apply for a role or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you fill and submit the recruitment form, such as your name, contact information, work experience, educational qualifications, ability to work in the country for which you are applying for employment and any information you choose to submit on or upload on the form (such as information from a CV).
Information we collect about your usage of our Careers Page: We automatically collect certain data from you when you use our website, including IP address or other unique device identifiers, time zone setting, operating system and platform and information regarding your use of the Careers Page (“Usage Information”).
Information from third parties: We receive information from third parties in connection with your application, such as referees.
Information you provide if you are referring someone: If you decide to refer someone as an Candidate to us through our “Refer someone” section, we will provide your details (such, email address and your employee ID, if applicable).
B. HOW WE USE YOUR INFORMATION AND LEGAL BASIS FOR PROCESSING
We use your information to:
identify and evaluate you for employment positions;
determine and validate your qualifications for employment;
conduct background checks to the extent permitted under applicable law (including checking references, qualifications);
if you are a successful candidate, create an employment record;
provide you with user support of our Careers Page;
communicate with you;
assess if your profile matches with other positions available o;
send you notifications about new positions that match your profile;
improve our Careers Page and to ensure content from our Careers Page is presented in the most effective manner for you and your device;
administer our Careers Page and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; or
keep our Careers Page safe and secure; or
develop our Careers Page and improve our recruitment processes.
Our Legal Basis:
We rely on several legal basis for processing your information, as explained below:
Pre-Contractual: Our legal basis for processing your information is to undertake the necessary pre-contractual steps in order to perform a contract with you.
Legal Obligations: We will have to ensure that we comply with our legal obligations as, for example, verifying your eligibility to work in the country where you are applying to.
Legitimate Interests: We also have legitimate interests in processing such information, such as verifying your professional track record, monitoring employment diversity, keeping our Careers Page secure and improving our recruitment process.
C. HOW WE SHARE YOUR INFORMATION
we share your information with selected recipients. These categories of recipients include our Provider, which we use to collect and process your information, besides any referee from your previous jobs.
When transferring personal information outside the EEA, we rely on the Commission’s adequacy decisions, where applicable, or the Commission’s model contractual clauses for the transfer of personal data to third countries (i. e, the standard contractual clauses).
D. WHERE WE STORE YOUR INFORMATION
The information that we collect from you will be stored by our Provider, which might store it outside of the European Economic Area ("EEA"). Depending on the specific location of the data storage and shall the Provider store your personal data outside of the EEA, we rely on different adequacy measures, as applicable:
1. Adequacy Decisions: The European Commission may determine whether a country outside the EU offers an adequate level of data protection;
2. Model Clauses: We rely in the Commission’s model contracts for the transfer of personal data to third countries (i.e. the standard contractual clauses);
E. THE SECURITY OF YOUR PERSONAL DATA
Keeping you and your personal information secure is very important to us. Once we have received your information, we will take appropriate technical and organisational measures to safeguard your personal data against loss, theft and unauthorised use, access or modification, including using a Transport Layer Secure (TLS) to encrypt the personal data that you send us during the order process.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your information transmitted through the Careers Page; any transmission is at your own risk.
F. DATA RETENTION
We will retain your information for the entire moment of the recruitment process and up to three (3) years after your last interaction with us or with the Careers Page, if your application was unsuccessful, for the purposes of verifying your suitability for future vacancies, unless you tell us otherwise. When your application is successful, your information will be transferred to your employee file and will be subject to the retention periods associated with that file.
Your information will be retained for longer than the abovementioned periods if required by law or a court order and/or as needed to defend or pursue legal claims.
G. YOUR PRIVACY RIGHTS AND HOW TO EXERCISE THEM
You have certain rights in relation to the personal data we hold about you. Some of these only apply in certain circumstances as set out in more detail below. We also set out how to exercise those rights. Please note that we will require you to verify your identity before responding to any requests to exercise your rights and that can include asking a set of security questions to ensure it is you. When you have appointed someone else to do the request on your behalf, that person and/or organization needs to show a valid document that demonstrates they are entitled to act on your behalf. We must respond to a request by you to exercise those rights without undue delay and at least within one month (although this may be extended by a further two months in certain circumstances) To exercise any of your rights, please contact us at dataprivacy@upteamco.com.
You have the following rights in relation to your personal data:
Access: to access the personal data held by Luxclusif about you and certain information about how we use it and who we share it with;
Portability: in certain circumstances, you have the right to receive or ask us to provide your personal data to a third party in a structured, commonly used and machine-readable format, although we will not provide you with certain personal data if to do so would interfere with another’s individual’s rights (e.g. where providing the personal data we hold about you would reveal information about another person) or where another exemption applies (we can only do so where it is technically feasible; we are not responsible for the security of the personal data or its processing once received by the third party);
Correction: to correct any personal data held about you that is inaccurate and have incomplete data completed (including by the provision of a supplementary statement). Where you request correction, please explain in detail why you believe the personal data we hold about you to be inaccurate or incomplete so that we can assess whether a correction is required. Please note that while we assess whether the personal data we hold about you is inaccurate or incomplete, you may exercise your right to restrict our processing of the applicable data as described below;
Erasure: that we erase the personal data we hold about you in certain circumstances referred to below: you believe that it is no longer necessary for us to hold the personal data we hold about you; we are processing the personal data we hold about you on the basis of our legitimate interest and you object to such processing. Please provide us with detail as to your reasoning so that we can assess whether there is an overriding interest for us to retain such personal data; or you believe the personal data we hold about you is being unlawfully processed by us; Also note that you may exercise your right to restrict our processing of your personal data whilst we consider your request as described below. Please provide as much detail as possible on your reasons for the request to assist us in determining whether you have a valid basis for erasure. We will retain the personal data if there are valid grounds under law for us to do so (e.g., for the defense of legal claims or freedom of expression) but we will let you know if that is the case;
Restriction of Processing to Storage Only: to require us to stop processing the personal data we hold about you other than for storage purposes in certain circumstances. Please note, however, that if we stop processing the personal data, we may use it again if there are valid grounds under Data Protection Law for us to do so (e.g. for the defense of legal claims);
Objection: in certain circumstances, the right to restrict or object to our processing of your personal data (e.g. where you request correction or erasure, you also have a right to restrict processing of your applicable data while your request is considered);
The right to withdraw your consent, where you have provided personal data voluntarily, or otherwise consented to its use; and
the right to complain to a supervisory authority.
You may exercise the rights set out at items by contacting us at dataprivacy@upteamco.com.
I. UPDATES TO THIS PRIVACY POLICY
Any changes we may make to this privacy policy in the future will be posted on this page and, where appropriate, may be notified to you via e-mail. Please check back regularly to keep informed of updates or changes to this privacy policy.
J. CONTACT
Any questions, comments and requests regarding this privacy policy are welcomed and should be addressed to dataprivacy@upteamco.com.