Privacy Policy for the Mercator Estates website

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Information on the processing of personal data

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Recruitment

Who is the controller of your data?

Mercator Estates sp. z o.o., with its registered office in Kraków, ul. Fabryczna 1A, 31-553 Kraków.

For matters relating to the protection of personal data, please contact us at: [email protected].

To whom may your data be disclosed? For what purposes and on what basis is your data processed?

• postal and courier service providers,
• entities processing personal data on behalf of the Controller, in particular:
• providers of legal services and personal data protection services,
• accounting, tax and advisory service providers,
• IT service providers and entities providing IT infrastructure,
• providers of recruitment support tools, in particular Pracuj.pl and eRecruiter,
• providers of the IT environment and the Teams messaging platform with transcription functionality – Microsoft Ireland Ltd.

Conducting the recruitment process and assessing the candidate, in particular for the purpose of accepting the recruitment application, assessing qualifications and taking steps to conclude a contract.

The legal basis for processing is:

– Article 6(1)(b) of the GDPR, i.e. taking steps at your request prior to entering into a contract, to the extent that the data is necessary for the conclusion of the contract,

– Article 6(1)(c) of the GDPR, i.e. compliance with legal obligations incumbent on the Controller under the provisions of the Labour Code, to the extent that the provision of data is required by labour law,

– Article 6(1)(a) of the GDPR, in respect of personal data voluntarily provided by you, going beyond the scope required by law, including beyond the scope required by the Labour Code,

– Article 9(2)(a) of the GDPR, where you voluntarily provide special categories of data, i.e. ‘sensitive’ data, such as health-related data, going beyond the scope required by law,

– Article 6(1)(c) of the GDPR in conjunction with Article 229 of the Labour Code and Article 9(2)(b) of the GDPR — where you are selected for employment under an employment contract and it is necessary to refer you for a pre-employment medical examination and to retain the medical certificate confirming the absence of medical contraindications to working in a specific role.

Referral for pre-employment medical examinations and retention of medical certificates

Your data may be processed to confirm the absence of health-related contraindications to working in a specific position, in particular in connection with referring a candidate for pre-employment medical examinations and obtaining a medical certificate confirming the absence of contraindications to work.

The legal basis for processing is then Article 6(1)(c) of the GDPR in conjunction with labour law provisions, in particular Article 229 of the Labour Code, and, in respect of health data, Article 9(2)(b) of the GDPR.

Participation in future recruitment processes

If you give your consent, your data will be processed for use in future recruitment processes conducted by the Controller for a period of 12 months.

The legal basis for processing is Article 6(1)(a) of the GDPR.

Establishing, pursuing or defending against claims related to recruitment

Your data may be processed to safeguard the Controller’s legitimate interests, in particular to pursue claims or defend against claims related to recruitment.

The legal basis for processing is Article 6(1)(f) of the GDPR, i.e. the Controller’s legitimate interest in being able to establish, pursue or defend against claims.

Transcription of the recruitment interview

The recruitment interview may be transcribed for the purpose of documenting recruitment interviews, streamlining the recruitment process, and establishing, pursuing or defending against claims.

The legal basis for data processing in this regard is Article 6(1)(f) of the GDPR, i.e. the Controller’s legitimate interest in streamlining the recruitment process and safeguarding the conduct of the interview for the purposes of potential claims. Thanks to the transcript, recruiters can focus on the interview and then refer back to the automatically generated notes. In the event of any claims, the transcript may serve as evidence of the course of the interview.

What are your rights?

You have the right to: If the legal basis for the processing of your data is the Controller’s legitimate interest, i.e. Article 6(1)(f) of the GDPR, you have the right to object to the processing of your personal data. In such a case, we will cease processing your data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the data is required for the establishment, exercise or defence of legal claims.

• to withdraw your consent where processing is based on consent, although the withdrawal of consent does not affect the lawfulness of processing carried out prior to its withdrawal,
• to access your personal data and receive a copy thereof,
• to have your personal data rectified,
• to have your personal data erased,
• to restrict the processing of your personal data,
• to object to the processing of your personal data,
• to have your personal data ported, where the legal basis for processing is consent or a contract,
• to lodge a complaint with the supervisory authority, i.e. the President of the Personal Data Protection Office.

Obligation to provide data

Providing personal data to the extent required by law is necessary in order to participate in the recruitment process and to fulfil all legal obligations; in all other respects, it is entirely voluntary.

Transfer of data abroad

Your data may be transferred outside the European Economic Area, in particular to the United States. This applies in particular to the Controller’s subcontractors providing support services for ICT services and IT infrastructure, as well as providers of IT solutions, social media, cookies and other tracking technologies.

The European Commission has issued a decision confirming an adequate level of protection with regard to the US. The decision covers companies participating in the Data Privacy Framework programme. The Controller cooperates in this regard with companies participating in this programme. You can find more information at: https://www.dataprivacyframework.gov/s/.

In other cases, we enter into standard contractual clauses with our suppliers. You can obtain further information, including copies of the standard contractual clauses we use, by contacting us at: [email protected].

How long is your data processed?

Your personal data will be processed for the period necessary to fulfil the purposes for which it was collected, in particular: Profiling, automated decision-making and AI tools

• in the case of participation in a given recruitment process – for a period of 6 months from its completion,
• in the case of data processed in connection with referral for pre-employment medical examinations and the storage of medical certificates – for the period required by labour law, i.e. 10 years from the end of the employment relationship,
• in the case of consent to participate in future recruitment processes – for a period of 12 months from the date of consent or until it is withdrawn,
• in the case of establishing, investigating or defending against claims – for the duration of the proceedings, and subsequently for the limitation period of any claims, including claims arising from a final court judgment or a final administrative decision,
• in the case of transcripts of recruitment interviews – for a period of 6 months from the date of completion of the recruitment process.

Transcription of recruitment interviews may be carried out using artificial intelligence tools. Your data is not used for further training of AI models.

During the recruitment process, the Controller does not make decisions in a fully automated manner, including profiling as referred to in Article 22(1) of the GDPR. Final recruitment decisions are made with human involvement.

However, as part of the recruitment process, the Controller may use AI tools provided by eRecruiter which assist in assessing candidates’ suitability for the job requirements, in particular:

1. a) automatically tagging a candidate’s application based on the submitted CV, using artificial intelligence;
2. b) pre-selecting CVs using artificial intelligence.

The tool for automatic tagging allows a candidate’s application to be described using keywords. Upon receipt of a CV, the AI tool analyses its content and selects the candidate’s most relevant characteristics matching the position in question, such as skills, experience or knowledge of foreign languages, and then matches these characteristics to the tags used by the Controller. If a relevant candidate attribute has no equivalent among the existing tags, the tool can create a new tag in a style and format consistent with the tags already used by the Administrator.

The CV pre-selection tool checks whether the answers provided by the candidate in the recruitment form match the preferred answers indicated by the recruiter, provided such answers have been specified, and then compares the content of the job advertisement with the candidate’s experience as described in the CV.

In the first stage, the algorithm checks the answers to single-choice questions. The candidate should provide the preferred answers to all questions for which such answers have been specified in order to receive a recommendation from the AI pre-selection tool. If the candidate fails to provide the preferred answer to even one question containing a preferred answer, they will not receive such a recommendation.

If the candidate is matched at this stage, or if the form does not contain single-choice questions, the algorithm proceeds to the second stage, which involves multiple-choice questions. At this stage, too, the candidate should provide preferred answers to all questions for which such answers have been indicated, although it is sufficient to select at least one preferred answer in a question containing multiple preferred answers.

Once these stages have been completed, the CV content is verified against the job advertisement. If the form does not contain any questions with preferred answers, the AI pre-selection tool recommends candidates solely on the basis of the CV content matching the job advertisement.

The automatic analysis performed by AI tools may cover the following categories of personal data relevant to assessing a candidate’s suitability:

• experience and employment history,
• skills and expertise,
• soft skills and personality traits derived from application documents,
• career trends,
• salary expectations,
• foreign language skills and education,
• preferences regarding location and working arrangements,
• certificates and qualifications,
• availability.

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