INTERMEDIARY SERVICES IN RECRUITMENT AND SELECTION OF PERSONNEL

1. Introduction

This Policy explains how we collect and process your data in connection with our recruitment, staffing, and related services /also referred to as “services” or “our services”. If you use or visit any of our websites, or have any other relationship with us, please also familiarize yourself with CyberXperts AD’s General Privacy Policy on this page.

1.1. What are employment placement services?
– informing and/or consulting job seekers and employers;
– psychological support for job seekers;
– referral to adult education;
– guidance and support for starting work, including in another populated place in the country or in other countries;

1.2. What exactly does recruitment mean?
– this is a service that we provide to the Employers with whom we have concluded contracts and consists in assessing the compliance of given job candidates with the Employer’s requirements for occupying a certain position /job/.

2. Your Responsibilities :

• Read this Policy.
• If you are already our customer, please check the terms related to the contracts between us, which concern the processing of personal data.
• Please also pay attention to additional information and conditions that we introduce you to at various stages of our interaction.
• By providing us with data, you warrant to us that this data is accurate, true, and relates to yourself and not to another person.

3. Who is responsible for processing your personal data?

3.1. Our responsibility
We, “CyberXperts”, EIC: 208137120, registered office and address of management: city of Sofia, the district “Mladost”, g.k. “Mladost 4”, Business Park Sofia, Building 14, floor 3, we are the Administrator regarding your personal data and are responsible for them.
You can contact us at the above address as well as by e-mail: [email protected]
We have appointed a Personal Data Protection Officer. Contact: e-mail: [email protected].
It is important that the information we have about you is accurate and up-to-date. It is especially important that you inform us if you change your email, telephone or address, because it may be that someone else receives your correspondence.
3.2. Responsibility of the Employer
Our services help you find work with Employers who are looking for employees. Where your personal data is transferred to such an Employer through us, it is also responsible for it as a Personal Data Controller. There is no obstacle to contacting the Employer in relation to your personal data or specific questions, but you can always use us as a point of contact regarding the processing of your data by the Employer in the process of applying to him.

4. What data about you do we process, for what purpose and on what basis?

4.1. Initial information when applying for a position.
Most often, you come into contact with us on the occasion of an advertisement published by us for an open position with our client – Employer.
By applying for this position, you are sending us certain information, which we call Initial Position Application Information. Most often, it is contained in your CV /autobiography/, which you comply with the requirements of the advertisement. These are usually: Identifying data: Your names, age; Your contact details: address, e-mail, telephone; Data on your education and professional qualifications: type and degree, specialty, duration, data on acquired qualifications; Information on language proficiency and other skills: language, level, computer skills, other skills related to the position offered. Data about your experience: information about the activity you performed in the past – identical or similar to the position offered; Cover letter data: we may sometimes require such information to assess what motivates you for the job offer; Other data relevant to the specific position offered.
We process Initial Information when applying for a position to PRE-SELECT applicants, i.e. to assess whether you are a suitable candidate for the conditions of the position with the Employer based on the information you have sent. If we decide that this is the case, we will offer you to enter into an intermediary contract (intermediary services) with us. This is a mandatory condition according to Bulgarian legislation in order to connect you with the relevant Employer. We may not be able to offer you our placement services simply because the position has been filled or withdrawn by the Employer in the meantime, i.e. the position is “closed”.
4.1.1. How do we proceed from here?
(a) If we consider that you are not suitable for the position or if a position is “closed” in the meantime, we will not provide your personal data to the Employer. However, we will retain your Initial Position Application Information in our database for a period of no longer than 24 months to check for other similar positions matching your professional profile. For this purpose, we refer to our legitimate interest in seeking to connect the right employers with the right candidates . In order to offer you our brokerage services, we will contact you with a view to concluding a brokerage contract.
If you object to us retaining your Initial Information when applying for a position for this purpose, you may object to its retention at any time and we will comply immediately. You can make this objection already with your application for the specific advertisement, by writing in any of the documents you send or in a message to us: I OBJECT YOU OFFERING ME OTHER POSITIONS or any other text with such a meaning.
You should not worry about us posting ads for non-existent positions because by law we are only required to post ads if we have a request from an Employer. We comply with this requirement.
(aa) In some cases, we will retain your Initial Information when applying for a position in our database to check for other similar positions matching your job description, based on your consent that we request from you. In the event that we have requested your consent and you do not provide it, we will not retain your information for this purpose, i.e. in this case we will not invoke our legitimate interest as described in point (a).
(aaa) We may consider that your profile does not match the profile of the Employers who are usually our customers. In these cases, we will delete your personal data as soon as we make this assessment.
(b) If we consider that you are suitable for the position and the position is “open”, we will invite you to an interview or refer you directly to an interview with the Employer. Accordingly, we will offer you to enter into an Agreement for intermediary services. In all cases where such a contract has been concluded between us, your personal data, which are necessary for the performance of the contract by us, will be processed on the basis of this contract.
4.2. What will we do if you have sent us your CV and/or other documents without applying for a specific position?
In this case, we will include you in our database to check for positions matching your professional characteristics. For this purpose, we refer to our legitimate interest in seeking to connect the right employers with the right candidates . In order to offer you our intermediary services, we will contact you with a view to concluding such a contract.
4.3 . What will we do if we receive information about you from a third party?
We aim to get information about candidates directly from them. For this we always advise people who want to refer their friends, acquaintances or others to us and our services to give our contacts and the candidate to contact us. However, there are situations where we may have received such information about you from another person. We will consider all the circumstances and will either (a) take action to delete your information, for example, if we believe we received it in error, or (b) contact you to notify you of the receipt of this data and for this policy. We will give you the opportunity to confirm that you really want us to provide you with services, and accordingly we will offer you the conclusion of such a contract. If it turns out, that the sending of this information to us was unwanted, or in the process of contacting us you state that you do not wish us to provide you with any services, we will delete your personal data. It is also possible in this case that we retain certain information about you, for example, in view of our legitimate interest to protect our rights and legitimate interests in the event of a legal or extrajudicial dispute.
4.4. How will we provide you with our intermediary services?
In all cases where we agree to provide intermediary services to you, we shall enter into the aforementioned agreement. This is related to the processing of your personal data, in order to provide you with the relevant service, as well as to comply with the legal requirements applicable to us, for example: * the table at the end of the text
4.4.1. Relations with potential employers
When you apply for a specific position or we refer you to a specific position, it means that we have concluded an agency contract with a specific employer and they have given us a request to find an employee/s for them. In this case, there is also another compatible purpose for us to process your personal data, namely – to provide an intermediary service to the Employer himself for the selection of candidates and their hiring to an employment contract by the Employer. At the same time, obtaining /realizing/ this service is the purpose for which the Employer processes your personal data.
4.5. Legitimate interests
In some cases, we will also use your personal data for other legitimate interests of ours or of a third party, which at the same time represent the purposes of the respective processing:
– to develop our activity as an intermediary for employment;
– for administration and activity reporting;
– to contact you;
– to protect our rights and legal interests in the event of a legal and extrajudicial dispute, including in connection with our intermediary agreement with the Employer;
– for statistical purposes;
– for the legitimate interest of the employer to be informed and consulted when hiring employees;
– to make an accurate assessment of your qualities as a user of our intermediary services;
4.6. Our legal obligations
In some cases, we process your personal data in order to fulfill a legal obligation applicable to us, such as tax, accounting obligations, as well as our obligations in relation to the Employment Promotion Act.
4.7. Your profile
Please keep in mind that the services we provide are specific and require the collection and processing of a relatively large volume and various personal data about you. This often requires us to create your profile, as our client – a natural person, so that we can provide you with our services and comply with your wishes, with your work characteristics /education, qualifications and others/. In this way, we will be able to connect you with the suitable and desired employers. The profile includes an analysis of the information we have about you, as well as our description of you as a potential employee and/or for a specific position, according to the Employer’s requirements. We share information from your profile with employers in view of their legitimate interest in selecting for them a suitable employee for the relevant position,
4.8. Your consent
In some cases, we will process your personal data on the basis of your consent, which we will ask you to give us. You should know that giving consent is always your free choice. There are some cases where your failure to consent could mean that we will not be able to provide you with a particular service. For example, we may ask you for your consent to process your health information that is necessary in order to apply for a particular position. Failure to give us such consent may terminate your application process.
In the event that we process personal data on the basis of your consent or express consent, you have the right to withdraw your consent at any time without prejudice to the lawfulness of the processing based on consent before it is withdrawn.
4.9. Special categories of personal data
Special categories of data, or “sensitive data”, are those revealing racial or ethnic origin, political views, religious or philosophical beliefs or trade union membership, genetic data, biometric data for the sole purpose of identifying an individual, health data condition, sex life or sexual orientation.
In general, we do not collect and process special categories of personal data, but in some cases this may be necessary in connection with our services that you use. For example, we may need to process information about your health that is relevant to your job application. In such cases, we will ask you for your express consent. Please do not provide special categories of personal data without first giving your express consent.
In the event that we process personal data on the basis of your consent or express consent, you have the right to withdraw your consent at any time without prejudice to the lawfulness of the processing based on consent before it is withdrawn;
4.10. Are you obliged to provide us with your personal data?
Where we are required to collect personal data by law or under the terms of the contract between us and you do not provide us with this data upon request, we may not be able to perform the contract (for example, to present your application to a potential employer). If you do not provide us with the requested data, we may not be able to perform the service you have requested, but if we do, we will notify you.
4.11. More information about the purposes for using your data.
We will only use your personal data for the purpose or purposes for which it was collected or, if necessary, for a compatible purpose. For more information, please write to us at [email protected]. In the event that we need to use your data for an unrelated new purpose, we will notify you and explain the legal grounds for processing.
4.12. Using your data without your consent or knowledge.
We may process your personal data without your knowledge or consent only when required or permitted by law.
4.13. Unsolicited information
Sometimes you provide us with information that we do not need in view of the purpose. We advise you not to do this. Although we will take care of this information, you may be putting your privacy at unnecessary risk by sharing such information.

5. Marketing communications.

Our legal basis for processing your personal data in order to send you marketing communications is your consent or our legitimate interests (namely to develop our business as a recruitment agent), and these communications may include information about our seminars , events, trainings and others.
Before we share your personal data with any third party for their marketing purposes, we will ask for your consent.
5.1. How to opt out of our marketing communications?
You may opt out of receiving marketing communications by following the opt-out links in any marketing communications sent to you OR by emailing us your opt-out at [[email protected]] at any time.
If you opt out of receiving marketing communications, this opt-out does not apply to personal data that you have provided to us on another legal basis /for example, in connection with our legal obligation or on a contractual basis/.

6. How do we collect your personal data?

We mainly receive data from you. But it is also possible for us to receive data from other persons, for example from the Employer with whom you went for an interview and/or hired you, through the use of our services. In some cases, we may collect information about you from public sources, as well as from your profiles on the Internet /for example on LinkedIn, if the legitimate interest we refer to /to make an accurate assessment of your qualities as a user of our intermediary services/ is not dominated by your interests, fundamental rights and freedoms.

7. Sharing your personal data with others.

7.1. Employers.
In order to fulfill the intermediary agreement with you, as well as the one with the Employer, we will transfer your data, including the data from your Profile, to the Employer offering the relevant position – the position for which you specifically apply in an advertisement or a position suitable for you, in in case you are generally looking for work through us. Before we pass your personal data to an Employer who is not specifically identified at the time of your application for a particular position, we will provide you with such identifying information about them, unless you have authorized/directed us to provide your personal data to all Employers, to which we consider, for example.
7.2. Other persons
Outside of your potential Employer, we may share your personal data with the parties listed below:
7.2.1. Within our group of related companies, as far as applicable – on the basis of our legitimate interest in administering and reporting our activities.
7.2.2. Service providers – processing personal data. These can be hosting companies, IT service providers, system administration, couriers, mobile operators. We conclude contracts with them that guarantee the security of your data.
7.2.3. Other personal data controllers who provide us with relevant services – banks, auditors, lawyers, professional consultants and insurers, event organizers and others – when this is necessary for our legitimate interest to provide us with a particular service.
7.2.4. Public authorities that require us to declare processing activities, for example the Employment Agency and the Labor Inspectorate, which have powers in relation to our activity as an employment agency.
7.2.5. Third parties to/with whom we sell, transfer or merge parts of our business or our assets – when and to the extent necessary for their legitimate interest to analyze our activity and conclude the relevant transaction.

8. International data transfer

Personal data are usually processed within the European Union or the European Economic Area; we do not intend to transfer personal data to other countries (“third countries”).
8.1. Transfer of personal data to a “third country”.
If we transfer your personal data to a “third country”, we ensure that prior to such transfer the necessary level of data protection is ensured in the relevant third country or with the recipient in that third country. This may be based on a decision by the European Commission regarding the adequate level of data protection in a particular third country as a whole. Alternatively, the transfer of data may be based on the so-called “EU Standard Contractual Clauses” agreed with the recipient, or if the recipients are in the US – based on compliance with the terms of the privacy protection program between USA and EU. We will be happy to provide you with further information on suitable and relevant safeguards to maintain an appropriate level of data protection upon request. https://www.dataprivacyframework.gov/.

9. Information Security

We have implemented security measures to prevent the accidental loss, use, alteration, disclosure or access of your personal data without authorization. We also provide access to your personal data only to those employees and partners who have a business need to access such data. They will process your personal data only on our instructions and they must keep it confidential.

10. Data storage period

We will retain your personal data only for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of complying with legal, accounting, tax or reporting requirements.
When deciding on the exact period of data retention, we take into account its volume, nature and sensitivity, the potential risk of harm from unauthorized use or disclosure, the purposes of the processing if they can be achieved by other means and legal requirements.
In some circumstances, we may anonymize your personal data for research or statistical purposes, in which case we may use this information for an unlimited period of time without further notice to you.

11. YOUR RIGHTS

11.1. In certain circumstances, by law, you have the right to:
11.1.1. request access to your personal information (commonly referred to as a “data subject access request”). This gives you the opportunity to obtain a copy of the personal information we hold about you and to check whether we are processing it lawfully.
11.1.2. request correction of the personal information we hold about you. This allows you to correct and update incomplete or inaccurate information we hold about you.
11.1.3. request deletion of your personal information. This gives you the opportunity to ask us to delete or remove personal information where there is no good reason for us to continue processing it. You have the right to ask us to delete or remove your personal information also where you have exercised your right to object to processing (see below).
11.1.4. objections to the processing of your personal data when we base the processing on our legitimate interest (or that of a third party) and there are grounds related to your particular situation. In addition, you have the right to object when we process your personal information for direct marketing purposes, including in cases of profiling.
11.1.5. request the restriction of the processing of your personal information. This allows you to ask us to stop processing personal information about you, for example if you want us to establish the accuracy or basis for processing it.
11.1.6. request the transfer of your personal information to another party /right of portability/.
11.1.7. withdraw your consent – in case we process personal data on the basis of your consent or express consent, you have the right to withdraw your consent at any time without affecting the lawfulness of the processing based on consent before it is withdrawn.
You can also see more about these rights on the website of the Commission for the Protection of Personal Data.
11.2. Exercising Your Rights.
If you wish to exercise any of the rights set out above or receive more information about it, please send us an email at [email protected], or send us a letter at our physical address listed in point 3.
You will not pay a fee to access your personal data (or to exercise any of your other rights). However, we may charge a reasonable fee if your request is manifestly unfounded, repetitive or excessive, or we will refuse to comply with your request in these circumstances.
We may need to ask you for specific information to help us verify your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure that ensures that personal data is not disclosed to a person who does not have the right to receive it. We may also contact you to request additional information regarding your request to expedite a response.
We try to respond to all legitimate requests within one month. Sometimes it may take us more than a month, in which case we will let you know.

12. YOUR RIGHT OF COMPLAINT TO A SUPERVISORY AUTHORITY.

If you are not satisfied with any aspects of how we collect and use your data, you have the right to lodge a complaint with the relevant competent Supervisory Authority. The Personal Data Protection Commission is the Supervisory Authority of the Republic of Bulgaria, defined by the Personal Data Protection Act as follows:
Address: Sofia 1592, Prof. Blvd. Tsvetan Lazarov” No. 2, GPS coordinates: N 42.668839 E 23.377495. Center for information and contacts – tel. 02/91-53-518. Email: [email protected]. Website: www.cpdp.bg
We would appreciate it if you would contact us first, in case of a complaint, so that we can try to help you.

13. MODIFICATION OF THIS POLICY

We have the right to change and update this Policy. We will post such changes on our website www.easyconsult.eu. If these changes are material, we will further inform you about this via your email or other appropriate means of contacting you.