BIA HUMAN CAPITAL SOLUTIONS S.R.L
LINKEDIN PERSONAL DATA PROCESSING INFORMATION NOTICE
Effective as of December 15, 2021
In this document you find information on the following topics:
- WHO WE ARE
- CONTACT INFORMATION
- WHAT DATA WE PROCESS ABOUT YOU
- HOW WE SHARE INFORMATION
- DATA TRANSFERS OUTSIDE THE EUROPEAN UNION
- YOUR RIGHTS
WHO WE ARE BIA HUMAN CAPITAL SOLUTIONS S.R.L , headquartered in Bucharest, 61 – 81, Horia Macelariu, Bldg. B, Floor 1, District 1, Unique Registration Code 26715513, tax attribute RO, Trade Register no. J40/3290/2010 (hereinafter referred to as “BIA”, “we” or another similar term). As administrators of our LinkedIN page (hereinafter referred to as “our page”) together with LinkedIN Ireland Unlimited Company, headquartered in Wilton Place, Dublin 2 Ireland, acting as provider of the LinkedIN social media platform, we collect and process different categories of personal data from you as a user of any of the following LinkedIN pages: https://www.linkedin.com/company/bia-human-capital-solutions, which, in accordance with the EU General Data Protection Regulation, gives us and LinkedIN the quality of joint data controllers for such data. For more details on the joint processing of personal data please access https://legal.linkedin.com/pages-joint-controller-addendum
This Personal Data Processing Information Notice describes our practices regarding the collection and use of your personal data as a result of your interaction with our LinkedIn page. Please read this Information Notice carefully to understand how we process your personal data.
We reserve the right to change our data protection practices and update and amend this notice whenever we consider it appropriate. Therefore, we encourage you to check this notice periodically. This information notice is updated on the date shown at the top of the document. We shall process your personal data in accordance with the information notice in force, unless we have your consent to process them otherwise.
Regarding the separate collection and processing of your data by LinkedIn, which we do not control, please see the LinkedIn information available at: https://www.linkedin.com/legal/privacy-policy.
2. CONTACT INFORMATION Please address any data protection questions and any requests to exercise your rights to the following contact information of our Data Protection Officer: dpo@bia.ro. We shall investigate and attempt to resolve any such complaints or claims regarding your rights. If you are not satisfied with the response received, you can also file a complaint with the National Supervisory Authority for the Processing of Personal Data at the contact details listed below in section 6.
3. WHAT DATA WE PROCESS ABOUT YOU We are processing the following personal data on our website:
∙ if you interact with the content of our page (like, share), we can view your public profile, which includes your name, professional experience, academic studies, qualifications etc. and the action taken;
∙ if you comment on a page post, we have access to your public profile which includes your name, professional experience, academic studies, qualifications etc. as well as the content and date of that comment.
When you follow or interact with our page, LinkedIn processes certain personal data based on which it provides us with aggregated statistics. The data we have access to do not include personal data directly, but are limited to:
∙ the number of followers and their demographic distribution (industry, city and country ∙ number of views distributed per day;
∙ aggregated demographic data: occupation, country, region, seniority, industry, company size;
∙ the number of views for life pages
∙ the number of clicks, impressions (number of page content impressions), likes, comments, shares;
When we customize the audience of our Linkedin posts or advertising campaigns, we can set professional and geographic categories that may include you (e.g. HR professionals in Romania). When we post recruitment ads, depending on the criteria we set, LinkedIn provides us with a list of people who, according to its algorithms, match our criteria from the very beginning. These people are included in the list without our control, but only if they have the Open Candidates option enabled, which allows you to let recruiters know you are interested in job offers. In addition, our recruitment staff may also search on LinkedIn for profiles that meet our needs, in which case we shall seek to comply with the Open Candidates option. If the option is enabled, we will be able to save your profile and contact you directly. If you see one of our recruitment ads on LinkedIn and send us your application, we will receive all the data submitted by you (CV and cover letter, if you attached them, as well as your LinkedIn profile). The processing of these data beyond your application via LinkedIn is subject to our recruitment information notice, the link to which can be found in the recruitment notice.
Also, when we use LinkedIn to promote job postings, we can customize the audience of these ads by setting the industries we want to target. LinkedIn provides us with aggregated statistics related to the job ad (Job traffic details), which contain the following data about those who interact with our ad: company they work for, number of views of the ad, number of views with the intention to apply (view to apply rate), number of clicks and applications. LinkedIn automatically offers us (without our control) suggestions of suitable candidates, which means that we have access to the data you choose to share during the recruitment.
To set your LinkedIn access rights to your data individually in the context of the LinkedIn recruitment, see the LinkedIn settings section. The data that may be collected and processed through LinkedIn for this customization are determined by LinkedIn without our involvement. These data are collected and processed by LinkedIn, but we only have access to the categories already established by LinkedIn. For more details, please access the LinkedIn Policy https://www.linkedin.com/legal/privacy-policy.
These data are processed in our legitimate interest to promote our brand and activity , as well as in order to prove, if necessary, our correspondence with you through comments on posts. For data processed from our job applications, the processing is carried out in the legitimate interest of filling open vacancies in our organisation. The data are kept for the entire period as long as our page is running, except the data processed during the recruitment stage, which are subject to the specific information notice and the related processing period. You must understand that all these data are available at any time to LinkedIn, as the owner of the platform (and implicitly the controller of your personal data). For more details, please access the LinkedIn processing policy https://www.linkedin.com/legal/privacy-policy.
We do not use your data to send you marketing communications unless you expressly opt-in for such communication. Even in such cases, we ensure that you have a simple option to unsubscribe (withdrawal of your consent) at any time, either in the communication itself or by contacting us as indicated in Section 2. For commercial communications managed by LinkedIn, you have a number of settings that you can set through the dedicated means provided by LinkedIn. Providing personal data is not mandatory, and you can individually set LinkedIn’s access rights to your data. However, you must understand that, within the limits of this filter available to you, LinkedIn works in a consistent way for all pages and all users. Therefore, if you interact with our page (you are also free not to interact with our page), we may automatically have access to certain data about you, as described above. To individually set LinkedIn’s access rights to your data you can see the LinkedIn Settings section https://www.linkedin.com/legal/privacy-policy#choices.
When you access a link on a LinkedIn post from our company, it directs you to the desktop or mobile version of a website, where you will receive information about the processing of your data on the website.
4. HOW WE SHARE INFORMATION We shall disclose your personal data only for the purposes and to the third parties described below. We shall take appropriate measures to ensure that your personal data are processed, secured and transferred in accordance with the legal requirements in force. For more details, please access the LinkedIn Data Sharing policy https://www.linkedin.com/legal/privacy-policy.
4.1 Disclosure of data to third parties We shall share the necessary part of your personal data only to the extent necessary and only to the following categories of third parties: (a) LinkedIn, which is a data controller associated with your data; (b) Third party entities that may administer the page (e.g. marketing agencies); (c) Other entities such as public authorities and institutions, accountants, auditors, lawyers and other external professional advisors, if their work requires knowledge of this data or if the law requires us to disclose it; (d) companies offering us products and services (processors), such as IT systems providers and related support service providers, telecommunications service providers, backup and disaster recovery, computer security services.
We shall also disclose your personal information to third parties: (a) If you request it or give us consent to do so; (b) To persons who can demonstrate that they have the legal authority to act on your behalf; (c) If the page is transferred, which may take place in our legitimate interest in expanding or developing our business, such as: (i) in the event of an enterprise transfer (we sell part of the activity or certain goods) related to the page you are following, the buyer will take over the page and your data; (ii) if BIA (or a substantial part of its assets) is acquired by a third party, in which case our LinkedIn pages will constitute one of the assets transferred; (d) if we are required to disclose your personal data in order to comply with a legal obligation, any legal request from governmental or executive authorities, and as may become necessary to meet certain national security or law enforcement requirements or to prevent certain illegal activities; (e) to respond to any claims, to protect our rights or those of third parties, to protect the safety of any person or to prevent any illegal activity; or (f) to protect the rights, property or safety of BIA, its employees, customers, suppliers or others.
LinkedIn may also disclose your data to third parties without our involvement or control.
For more details, please access the LinkedIn Data Policy https://www.linkedin.com/legal/privacy-policy.
Some of these recipients may use your data in countries outside the European Economic Area. Please see section 5 below for more details on this topic.
4.2 Restrictions regarding the use of personal data by recipients Third parties to whom we provide your personal data as specified above are limited (by law and contract) as to how they may use your personal information for the specific purposes identified by us. We shall always ensure that any third parties with whom we choose to share your personal data are subject to privacy and security obligations in accordance with this notice and the applicable law. However, to avoid any doubts, this provision is not applicable if disclosure is not our decision, including the processing carried out by LinkedIn. Except as detailed above, we shall not disclose any of your personal data to any third party without notifying you.
5. DATA TRANSFERS OUTSIDE THE EUROPEAN UNION As a general rule, your data are not transferred by us to recipients outside the European Union. However, if this happens, we shall take appropriate measures to ensure that the recipient protects your personal information adequately, such as the conclusion of standard contractual clauses approved by the European Commission, and we shall update this information notice.
LinkedIn may also transfer your data outside the European Union. Please consult the LinkedIn policy on this matter.
6. YOUR RIGHTS As a data subject, you have specific legal rights related to the personal data we collect from you. BIA shall observe your rights and respond appropriately to your requests.
Although we are controllers associated with LinkedIn, there is no really joint data processing between us and LinkedIn, so we can only handle your requests in connection with our own processing. If you wish to exercise any of your rights in connection with LinkedIn, please contact LinkedIn as indicated in its policy.
(a) Right to withdraw consent: If you have given your consent to the processing of your personal data, you can withdraw it at any time.
(b) Right of access: You can request information about the personal data we have about you, including information relating to the categories of data we store or control, what they are used for, the source where we collected them, if we have obtained them indirectly and to whom they are disclosed, if at all. We shall provide you with a copy of your personal data upon request. If you request multiple copies of your personal data, we may charge you a reasonable fee based on administrative costs. You have the right to information about our safeguards for the transfer of your personal data to a country outside the EU and the European Economic Area if we transfer your personal data to such a country.
(c) Right to rectification: You can obtain from us the rectification of your personal data that we process. We make reasonable efforts to maintain the personal data in our possession that are continuously used, accurate, complete, up-to-date and relevant, based on the latest information at our disposal.
(d) Right to restriction: You can obtain from us the restriction of your personal data processing if: i) you challenge the accuracy of your personal data for a period that enables us to verify the accuracy of the personal data, ii) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead, iii) we no longer need your personal data but you require them to establish, exercise or defend legal claims, or iv) you object to the processing while we verify whether our legitimate grounds override yours.
(e) Right to portability: You have the right to receive your personal data that you have provided to us, and if it is technically feasible, to request that we transmit your personal data (which you have provided us) to another organisation. These two rights are rights that you have if, cumulatively: We process your personal data by automated means, We rely, in the processing of your personal data, on your consent or our processing of your personal data is necessary for the conclusion or performance of a contract to which you are a party; the transmission of your personal data shall not adversely affect the rights and freedoms of others.
(f) Right to erasure: You have the right to request that we erase the personal data we process about you. We must comply with this request if we process your personal data, unless the data are necessary: to exercise the right of freedom of expression and information; to comply with a legal obligation that we have; for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes; or to establish, exercise or defend legal claims.
(g) Right to object: You may object at any time to the processing of your personal data for reasons relating to your particular situation, provided the processing is not based on your consent but on our legitimate grounds or those of a third party. In this case, we shall no longer process your personal data unless (i) we can demonstrate compelling legitimate grounds justifying the processing and overriding your interests, rights and freedoms, or (ii) or the establishment, exercise or defence of legal claims. If you object to the processing, please specify whether you also want your personal data to be erased, otherwise we will only restrict them. You can object at any time to the processing of your personal data for direct marketing purposes based on our legitimate interest, regardless of your reasons. If the marketing was based on your consent, you can withdraw your consent.
We shall try to fulfil your request within 30 days. This period may be extended for specific reasons related to specific legal rights or the complexity of your request. In any case, if this period is extended, we will inform you of the extension period and the reasons for the extension. Restriction of access: In certain situations, we may not be able to grant you access to all or part of your personal data due to legal restrictions. If we refuse your request for access, we will inform you of the reason of this refusal. Failure to identify: In some cases, we may not be able to identify your personal data due to the identification elements you provide us in the request. In such cases, if we cannot identify you as a data subject, we cannot act on your request under this section unless you provide us with additional information to allow us to identify you. We shall inform you and give you the opportunity to provide us with such further details. Exercising your rights: To exercise your rights, please contact us in writing (including electronically) at the contact details provided in section 2 above.
h) Right to lodge a complaint. If you have a complaint about the way we process your data, we would prefer that you contact us directly so that we can solve your problem. However, you can contact the National Supervisory Authority for the Processing of Personal Data through their website (www.dataprotection.ro), or you can write to: Name: Address: Phones: Fax: Email: National Supervisory Authority for the Processing of Personal Data B-dul G-ral. Gheorghe Magheru 28-30, Sector 1, postal code 010336, Bucharest, Romania +40.318.059.211 +40.318.059.212 +40.318.059.602 anspdcp@dataprotection.ro