PRIVACY POLICY FOR CANDIDATES
Last updated on August 8th 2022
Personal data (hereinafter “Personal Data”) that directly or indirectly identifies any natural person (including surname, first name, postal, e-mail and telephone details, etc.) involved in a recruitment process is considered confidential and must be treated as such.
Also, in application of the legislation in force concerning the processing and protection of Personal Data and, in particular, the amended law n°78-17 of 6 January 1978 relating to information technology, files and freedoms, and the General Regulation on the Protection of Personal Data of 27 April 2016 (hereinafter “RGPD”), AGICAP and its subsidiaries (hereinafter "AGICAP", "we", "us") pay particular attention to the respect of privacy and are committed to respecting the confidentiality, integrity and security of your Personal Data.
1. What is the purpose of the Privacy Policy?
This privacy policy (hereinafter the "Policy") is intended for all persons who apply for a job, internship or work-study position with AGICAP (hereinafter the "Candidates", "you").
The purpose of this Policy is to inform you, in a transparent manner, about:
- The measures taken to ensure the confidentiality and security of your Personal Information;
- The processing that we carry out when collecting your Personal Data;
- The rights you have to control how your Personal Information is processed;
Please note that we may amend this Policy at any time to ensure transparency in the processing of your Personal Data. We invite you to consult it regularly.
2. Who is the controller of your Personal Data?
The data controller who collects and manages your Personal Data is AGICAP, a simplified joint stock company with a capital of €22,377.00, whose registered office is located at 57 Rue de St Cyr, 69009 Lyon, registered in the Lyon Trade and Companies Register under the unique identification number 823 248 703.
This means that AGICAP is your dedicated contact for any question relating to the protection of your Personal Data.
3. When do we collect your Personal Data?
You consent to AGICAP collecting and processing your Personal Data when you contact us in the context of a job application by any means whatsoever, including in particular the use of our "Career" page on the AGICAP website https://career.agicap.com/ (hereinafter the "Site"). In this case, you will be asked to provide certain Personal Data in order to respond to you.
In addition, you will also be asked to share Personal Data as part of the recruitment process.
4. What kind of Personal Data do we collect and for what purposes?
As part of the recruitment process, you consent to our collection of your Personal Data for the purpose of such collection, as detailed in the table below. You undertake to provide up-to-date and valid Personal Data and guarantee that you will not make any false statements or provide any incorrect information.
PERSONS CONCERNED |
PURPOSE OF COLLECTION |
PERSONAL DATA COLLECTED |
LEGAL BASIS OF COLLECTION |
RETENTION PERIODS FOR PERSONAL DATA |
CANDIDATE |
When you visit our Site and/or apply for our job offers, the Personal Data collected may be used in the context of our recruitment operations and their optimisation. It also allows us to keep you informed of new job offers. |
Your surname, first name, e-mail address, telephone number. Data relating to your personal and associative life: areas of interest when this information is specified on your CV, associative activities, etc. |
The legal basis for processing your Personal Data is : - Your consent when you have applied directly to a job offer or sent your unsolicited application or when you have expressly consented to a third party to transfer your application to AGICAP; - AGICAP's legitimate interest in developing its activity by recruiting profiles adapted to its needs. |
The Personal Data will be kept for a maximum of three (3) years after your last contact with AGICAP. The results of any knowledge tests you may be asked to take during the recruitment process will be kept for a period of twelve (12) months after they have been carried out. |
When we process applications, the Personal Data collected may be used to:
|
|
The legal basis for processing your Personal Data is :
|
The Personal Data will be kept for a maximum of three (3) years after your last contact with AGICAP. The results of any knowledge tests you may be asked to take during the recruitment process will be kept for a period of twelve (12) months after they have been carried out. |
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When your application is successful, the Personal Data collected may be used for human resources management |
• Identity data surname, first name, civil status, email address, postal address; • Data relating to your personal and associative life: centre of interest when this information is specified on your CV, associative activities; • Data on educational and professional life: educational background, professional background; • Economic data: current salary level, salary expectations, etc. ; • In general, all personal information that you may be required to provide to us in the course of your dealings with us. |
The legal basis for processing your Personal Data is : • Your consent when you have applied directly to a job offer or sent your unsolicited application or when you have expressly consented to a third party to transfer your application to AGICAP; • The legitimate interest of AGICAP to develop its activity by recruiting profiles adapted to its needs. |
Personal Data will be kept for a maximum of three (3) years after your last contact with AGICAP. The results of any knowledge tests you may be asked to take during the recruitment process will be kept for a period of twelve (12) months after they have been taken. |
For all other Personal Data collected by any other means, the data collection form will describe the rules applicable in the event that they are different from the rules in the Privacy Policy.
In addition, we remind you that you can set, modify and/or deactivate the choices of Cookies at any time by using our cookie management tool available directly on our Site at the bottom left of your screen, or delete them by modifying the settings of your browser.
5. With whom do we share your Personal Information?
a. AGICAP services All Personal Data that you provide to us in the context of a job application are transferred to the AGICAP department that published the job offer.
We may need to communicate, when necessary, some of your Personal Data to different departments or managers of AGICAP for organizational, operational or administrative reasons or to meet our legal, regulatory or contractual obligations.
b. Third party In the course of our business, we may share some of your Personal Information with subcontractors. In such a case, we ensure that the necessary transfers or exchanges are carried out within the limits of these purposes, by providing all the appropriate guarantees of protection of Personal Data, which you will find detailed in article 7 of this Policy.
c. Special cases We may also share your Personal Data in the following specific circumstances:
- When required or permitted by law, regulation, court order or regulation, or if disclosure is necessary in connection with a domestic or foreign investigation or proceeding;
- In the event of an audit carried out in the context of investments, and/or in the event of the sale of an AGICAP entity or its assets to any potential buyer.
6. Do we transfer your Personal Data outside the European Union?
In the event that we transfer your Personal Data outside the European Union, for example when one of our Subcontractors is not located in the European Union, AGICAP undertakes to ensure that the security and confidentiality of the said Personal Data are preserved, in particular through the signature, on a case-by-case basis :
- Data protection agreements set up between the European Union and the destination countries;
- Standard contractual clauses issued by the European Commission or a Supervisory Authority in accordance with Article 46 of the GDPR;
- Contracts for the processing of Personal Data in accordance with Article 28 of the GDPR.
If a transfer of Personal Data to countries not recognised by the European Commission as having an adequate level of protection is envisaged, AGICAP will inform you.
7. What security measures are in place to protect your Personal Data?
- In order to ensure the security of the Personal Data you transmit to us, we have put in place a number of appropriate technical and organisational measures, including
- prevent any unauthorised access, use, modification, destruction, loss, damage or disclosure;
- To ensure the security and confidentiality of the Personal Data collected by preventing it from being distorted, damaged or communicated to unauthorised third parties;
In particular, the security of your Personal Data is ensured through :
- A strict access control policy;
- The use of TLS protocol to ensure the security of Personal Data in transit;
- Encryption of Personal Data using proven algorithms;
- An annual security audit of our application by an independent company.
8. What rights do you have regarding the processing of your Personal Data
In accordance with the GDPR, you have the following rights:
- Right of access: in accordance with Article 15 of the GDPR, the right to request from AGICAP (i) communication of your Personal Data in an accessible form; (ii) confirmation as to whether or not your Personal Data is being processed; (iii) communication of the purposes of the processing, the categories of Personal Data processed and the recipients to whom your Personal Data is communicated; and (iv) the length of time for which your Personal Data will be retained, or the criteria used to determine that length of time;
- Right to data portability: in accordance with Article 20 of the GDPR, the right to request a copy of your Personal Data from us in a structured, commonly used and machine-readable format in order to deliver it to another controller;
- Right of rectification: in accordance with Article 16 of the GDPR, the right to ask us to modify, complete or update your Personal Data that has been found to be inaccurate, incomplete, equivocal or out of date;
- Right to erasure (right to be forgotten): in accordance with Article 17 of the GDPR, the right to ask us to permanently delete your Personal Data, as soon as possible, in particular when you consider that they are no longer necessary for the purposes for which they were collected or that we are no longer legitimate in processing them;
- Right to restrict processing: the right to ask us to restrict the processing of all or part of your Personal Data only in the cases listed in Article 18 of the GDPR, namely:
- To verify the accuracy of the Personal Data that you dispute;
- To serve you within the framework of the establishment, the exercise or the defense of your rights in justice and this although AGICAP does not have any more the utility;
- To check if the legitimate reasons pursued by AGICAP prevail over yours in the event that you oppose the processing based on the legitimate interest of AGICAP;
- To satisfy your request for limitation of the use of your Personal Data, rather than erasure, in the event that the processing of such Data is unlawful.
- Right to object: in accordance with Article 21 of the GDPR, the right to object at any time, on grounds relating to your situation, to the processing of Personal Data for the purpose of commercial prospecting or, having as its legal basis the pursuit of a legitimate interest. Unless we demonstrate a compelling legitimate interest justifying such processing, we will only process Personal Data not affected by your request;
- Post-mortem right: in accordance with article 85 of the law 78-17 of January 6, 1978 relating to data processing, files and freedoms, the right to define particular directives relating to the conservation, the erasure and the communication of your Personal Data post-mortem. These particular directives will only concern the treatments implemented by AGICAP and will be limited to this only perimeter.
9. What recourse do you have in the event of a breach of your Personal Data?
In case of violation of your Personal Data likely to generate a risk for your rights and freedoms, AGICAP and/or its possible Subcontractors will have/will have the obligation to notify it to the CNIL as soon as possible, and, if possible, within seventy-two (72) hours after having become aware of it. Furthermore, you will be informed as soon as possible of any violation of Personal Data likely to generate a high risk for the said rights and freedoms, in order to allow you to take useful measures, in accordance with the provisions of article 34 of the RGPD.
Without prejudice to any other administrative or judicial remedy, if you consider that the processing of your Personal Data constitutes a violation of the provisions of the legislation in force, you may lodge a complaint with a competent supervisory authority such as the Commission Nationale de l'Informatique et des Libertés (CNIL) via its website cnil.fr or by post at the following address : CNIL - 3, place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07. This right can be exercised at any time and does not incur any costs for you, apart from the cost of sending the postal letter, if applicable, and any assistance or representation costs if you choose to be assisted in this procedure by a third party.
10. Do you have questions about your Personal Data processing or want to exercise your rights?
Please contact AGICAP by emailing our Data Protection Officer at dpo@agicap.com and/or posting a letter to AGICAP, 57 Rue de St Cyr, 69009 Lyon, France, or by completing the contact form on our Website or Application.
In your email please state:
- Your full name and email address
- The subject of your request, and if it involves exercising a right:
- The type of right you want to exercise and the reasons justifying it, and
- Where appropriate, your request to exercise that right
- AGICAP may check your identity before actioning your request.
We will provide you with information about the actions taken as soon as possible, and in any case within one (1) month of receiving your request. This timeframe may be extended to two (2) months for more complex requests. If we cannot action your request, we will tell you why and inform you of your ability to lodge a complaint with a supervisory body or pursue legal recourse.
There is no cost to exercise these rights. However, in the event of blatantly unfounded or excessive requests, AGICAP reserves the right to (i) require payment of expenses taking into account administrative costs, and (ii) refuse to process those requests.