Information Clause for Job Applicants (Privacy Policy)
This clause applies to candidates participating in recruitment processes conducted by SILVERHAND on behalf of employers established in Poland, the European Union or the European Economic Area, including foreign temporary employment agencies assigning employees to user employers. The masculine form “candidate” is used solely for the purpose of simplifying and improving the readability of this clause. All provisions of this clause apply equally to female and male candidates.
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Data Controller and Contact Details
The controller of personal data is SILVERHAND Dominik Matczak, ul. Garbary 35/9, 61-868 Poznań, NIP 6222558929, an employment agency entered in the National Register of Employment Agencies under number 7822, hereinafter referred to as “Silverhand” or the “Controller”.
In matters concerning the processing of personal data, the Controller may be contacted by e-mail at [rodo@silverhand.eu](mailto:rodo@silverhand.eu), by post at the address indicated above, or by telephone at +48 539 601 600.
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Recruitment Model
Silverhand provides employment placement services. The potential employer may be an entity employing the candidate directly or a temporary employment agency that employs the worker and assigns them to perform work for a user employer.
In the temporary employment model, the formal employer is the temporary employment agency, while the user employer is the entity for which, and under whose supervision and direction, the work is actually performed. The temporary employment agency and the user employer may participate in the assessment of the candidate and the organisation of subsequent stages of the recruitment process.
Upon receiving the data, the foreign temporary employment agency and the user employer generally act as separate data controllers to the extent that they independently determine the purposes and means of processing. They are required to provide the candidate with their own information regarding the processing of personal data.
If, after employment, the temporary employment agency assigns the worker to another user employer or to another project, further processing and sharing of the data is carried out under the responsibility of that agency and the relevant user employer.
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Purposes and Legal Bases for Processing
Personal data will be processed for the following purposes:
- receiving and registering an application, contacting the candidate, assessing qualifications, experience, professional licences, language skills, availability and compliance with the requirements of the selected job offer;
- presenting the candidate to a potential employer, including a foreign temporary employment agency, and – to the extent necessary – to the user employer;
- organising interviews, professional or language tests, preparing an employment offer and documentation related to assigning the candidate to work abroad;
- verifying qualifications, professional licences and the right to take up employment in the country of employment;
- fulfilling the legal obligations incumbent upon Silverhand as an employment agency;
- ensuring the security of systems and communications, documenting the course of the process, handling complaints, preventing abuse, and establishing, pursuing or defending claims;
- conducting future recruitment processes – only after obtaining the candidate’s separate and voluntary consent.
The legal basis for processing data in the current recruitment process is Article 6(1)(b) of the GDPR, i.e. taking steps at the candidate’s request in connection with the provision of employment placement services and efforts to conclude an agreement with a potential employer. Where applicable, the legal basis is also Article 6(1)(c) of the GDPR, in particular in connection with obligations arising from regulations concerning the labour market and employment services, as well as Article 6(1)(f) of the GDPR, i.e. the legitimate interest of the Controller, including security, documenting the process, handling complaints and protection against claims.
The processing of data for the purposes of future recruitment processes is based on Article 6(1)(a) of the GDPR, i.e. the candidate’s separate consent. Failure to provide such consent does not affect participation in the current recruitment process.
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Scope of Processed Data
Silverhand may process, in particular: first name and surname, contact details, date of birth – where necessary, information on education, qualifications, professional experience, employment history, language skills, licences and certificates, driving licence – where required for a given position, availability, employment expectations, information regarding willingness to relocate and the right to take up employment, as well as data provided during recruitment interviews.
At the initial application stage, Silverhand does not require the provision of a PESEL number, bank account number, marital status, information about children, or a full copy of an identity document. Such data may be obtained at a later stage only where necessary to fulfil a specific legal obligation, prepare the required documentation or conclude an agreement.
Please do not include special categories of personal data in application documents, in particular information concerning health, disability, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data, sex life or sexual orientation, unless such data are objectively necessary for a specific process. Such data will only be actively used where an appropriate legal basis exists, in particular separate explicit consent pursuant to Article 9(2)(a) of the GDPR or an obligation arising from law.
Information concerning criminal convictions and offences is processed only where permitted by European Union law or the law of a Member State. The candidate should not provide such information unless Silverhand has informed them that it is required for the relevant position.
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Data Recipients
Personal data may be disclosed or entrusted, solely to the extent necessary, to:
- persons authorised by Silverhand to conduct recruitment and handle candidate processes;
- providers of hosting, e-mail, ATS, CRM, HR and IT services, as well as entities providing legal, audit or information security services;
- potential employers established in Poland, the EU or the EEA, including foreign temporary employment agencies;
- user employers for whom the candidate may perform work, where the transfer of data is necessary to assess the candidate for a specific position, project or assignment period;
- public authorities and other entities authorised to receive data under applicable laws.
Data may be transferred to the user employer directly by Silverhand or through a foreign temporary employment agency. The scope of data will be limited to information necessary to assess the candidate and organise the process.
Silverhand does not distribute a single application to an unlimited or unspecified number of entities. Each presentation of a candidate should relate to a specific job offer, position, project or employer consistent with the candidate’s qualifications and preferences.
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Information about the Temporary Employment Agency and User Employer
If the name of the foreign temporary employment agency or user employer has been indicated in the job advertisement or application form, or provided to the candidate during an interview, the data may be transferred to that entity as part of the relevant recruitment process.
If the identity of the temporary employment agency or user employer has not been disclosed previously, Silverhand – before transferring the data – will inform the candidate (by telephone) of at least the entity’s name, the country in which it is established, the position or type of project, and the role of that entity in the recruitment process. The candidate may refuse to have their data transferred to a specific entity without affecting their ability to participate in other recruitment processes.
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Transfer of Data Outside the European Economic Area
The processes covered by this clause are conducted exclusively on behalf of employers and user employers established in Poland, the European Union or the European Economic Area. As part of these processes, Silverhand does not transfer candidate applications to employers or user employers established outside the EEA.
If the use of a specific IT tools provider would technically involve the transfer of data outside the EEA, such transfer may take place only in accordance with Chapter V of the GDPR, in particular on the basis of an adequacy decision adopted by the European Commission, standard contractual clauses or another mechanism provided for by law.
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Data Retention Period
Data relating to the current recruitment process will be retained for the duration of the process and, as a general rule, for up to 24 months after its completion, in particular for the purpose of documenting the course of the recruitment process, handling complaints, and establishing, pursuing or defending claims.
If the candidate is assigned to work or the required documentation is concluded, the data will be retained for the period resulting from applicable laws and for the time necessary to perform and settle the services and protect against claims.
Data processed for the purposes of future recruitment processes will be retained for 24 months from the date consent is given or until its earlier withdrawal. Following withdrawal of consent, the data will not be used for future recruitment processes unless another legal basis exists for its continued retention.
In the event of a dispute, the data may be retained until the dispute has been finally resolved and the relevant decision has been enforced.
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Voluntary Provision of Data
The provision of data is voluntary; however, failure to provide data necessary to assess the candidate, establish contact or prepare documentation may prevent participation in a given recruitment process.
Consent to future recruitment processes is entirely voluntary. Failure to provide consent or its subsequent withdrawal will not result in any negative consequences in the current process.
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Candidate’s Rights
The candidate has the right to: access their data and obtain a copy thereof, rectify their data, erase their data – in cases provided for by law, restrict processing, data portability – where the processing is based on consent or a contract and is carried out by automated means, object to processing based on Article 6(1)(f) of the GDPR, and withdraw consent at any time to the extent that the processing is based on consent.
Withdrawal of consent does not affect the lawfulness of processing carried out before its withdrawal. A request for erasure does not apply to data that Silverhand is required to continue processing on the basis of a legal obligation or for the purpose of establishing, pursuing or defending claims.
To exercise their rights, the candidate should contact Silverhand at [rodo@silverhand.eu](mailto:rodo@silverhand.eu).
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Right to Lodge a Complaint with a Supervisory Authority
If the candidate believes that the processing of their data infringes applicable laws, they have the right to lodge a complaint with the President of the Personal Data Protection Office.
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Automated Decision-Making
Silverhand does not make decisions concerning candidates that produce legal effects or similarly significantly affect them solely by automated means. IT tools may support the sorting and matching of applications; however, the final assessment of a candidate and the decision to present their application are made or approved by a human.
