Privacy Notice for Candidates

Protecting the personal data of our prospective employees is extremely important to us. This Privacy Notice is designed to provide you information about what personal data we process related to you, for what purpose and on what legal basis, what organizational and technical measures we take to protect personal data and to provide information about your rights.
1.Details of the data controller

Data controller: Blue Guava Technology Kft. (hereinafter: Data Controller)
Registered seat: H-1158 Budapest, Neptun utca 39/1.
Site: H-1152 Budapest,Szentmihályi út 167-169. West Wing, 4th floor
Corporate registration number: 01-09-307922
Tax number: 26209168-2-42
Website: www.guava.blue
Contact details of the Data Protection Officer: gdpr@guava.blue
Telephone: 06-30/9954-112

2. General legislative provisions serving as a legal basis for data processing

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter: Regulation or GDPR)
Act CXII of 2011 on Informational Self-Determination and Freedom of Information (hereinafter: Act on Privacy)

3. Definitions

Personal data: means any information relating to an identified or identifiable natural person (‘Data Subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Such typical personal data includes in particular: name, address, place, and date of birth, mother’s name.

Processing: means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Data controller: means the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

Data processor: means the natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller.

Recipient: means a natural or legal person, public authority, agency, or another body, to which the personal data are disclosed, whether a third party or not.

4. Data processing activity

The Data Controller processes the personal data of the job applicant as follows:

4.1. Applying for the announced job
Purpose of data processing Verifying the existence of the conditions required for filling the position in connection with the announced job
Legal basis of data processing Article 6 (1) a) of the GDPR: consent
Scope of personal data processed Personal data proving the job applicant’s compliance with the qualification and certification requirements specified in his/her CV and its annex
Data retention period Until consent is withdrawn, but up to the closing of the job application and notification of its outcome
4.2. Participation in a database
Purpose of data processing Verifying the existence of the conditions required for filling the position in the Data Controller’s database for the purpose of a potential future job offer.
Legal basis of data processing Article 6 (1) a) of the GDPR: consent
Scope of personal data processed Personal data proving the job applicant’s compliance with the qualification and certification requirements specified in his/her CV and its annex
Data retention period Until consent is withdrawn, but for a maximum of one (1) year after the closing of the job application process
5. Obtaining data

Data is obtained from the data subject. The Data Controller shall not process personal data that is not collected from the data subject

6. Additional data controller, joint data processing

The Data Controller does not use any additional Data Controller during data processing. Joint data processing does not take place during the processing of personal data of job applicants.

Data processing through data processor:

The Data Controller will not engage a data processor for the processing.

8. Data transfer

The Data Controller will not transfer personal data to other recipients. No data will be transferred to an EEA State or a third country or organization during the processing. Data is only transferred in accordance with the requirements set out in the applicable legislation, in a documented manner (for example, based on official or court request).

9. Access to personal data

Personal data may be accessed by the Data Controller’s respective staff members for the purpose and to the extent of performing their tasks.

10. Data security measures

The Data Controller ensures that the data processed is protected against unauthorized access or alteration by way of appropriate IT, technical, and personnel measures.

11. Data subject rights and their content relating to data processing
Data subject rights relating to data processing Content of data subject rights relating to data processing
Right to be informed
/GDPR, Article 13-14./
You have the right to be informed about the fact and purpose of data processing at the time when personal data are obtained. The Data Controller provides you with additional information that is necessary to ensure fair and transparent data processing, taking into account the specific circumstances and context of the personal data processing. You must also be informed about any profiling and its consequences.
Right of access
/GDPR, Article 15/
You are entitled to receive confirmation as to whether your personal data are being processed, and in case such data processing is in progress, you will be entitled to be granted access concerning:
• what personal data
• on what legal basis
• for what processing purposes
• for how long
are processed by the Data Controller
• who to, when, and based on which legislation did the Data Controller provide access to your personal data or who were they transmitted to
• what source do personal data originate from (if it was not you that provided them to the Data Controller)
• whether you apply automated decision-making and its logic, including profiling as well.
Right to rectification
/GDPR, Article 16/
You have the right to receive from the Data Controller upon request the rectification of inaccurate personal data concerning you or to have incomplete personal data completed. Therefore, you may ask the Data Controller to modify some of your personal data (for example, you can change your email address or other contact details at any time).
Right to erasure (“right to be forgotten”)
/GDPR, Article 17/
You have the right to obtain from the Data Controller the erasure of your personal data where one of the following grounds applies:
• your personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed
• you withdraw your consent on which the processing is based according to point (a) of Article 6 (1), or point (a) of Article 9 (2), and there is no other legal ground for the processing
• you object to data processing on the basis of Article 21 (1), and there is no overriding legitimate reason for the processing of data, or you object to data processing on the basis of Article 21 (2)
• your personal data have been unlawfully processed
• your personal data must be deleted in order to comply with a legal obligation imposed by EU or Member State law applicable to the Data Controller
• the collection of your personal data is performed in connection with offering information society services as referred in Article 8 (1).
Right to restriction
/GDPR, Article 18/
You have the right to obtain from the Data Controller the restriction of your personal data where one of the following grounds applies:
• The accuracy of your personal data is contested by you (in this case the restriction applies to the time period which allows the Data Controller to verify the accuracy of the personal data)
• the data processing is unlawful, and you oppose to the erasure of the data and request the restriction of their use instead
• the Data Controller no longer needs the personal data for the purpose of data processing, but you require them to present, exercise or defend a legal claim
in light of Article 21 (1) you objected to data processing (in this case the restriction applies to the time period that is necessary to determine whether the Data Controller’s legitimate reasons override your legitimate reasons).
Right to data portability
/GDPR, Article 20/
You have the right to receive the personal data concerning you, which you have provided to a Data Controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another Data Controller without hindrance from the Data Controller to which the personal data have been provided, where:
• the processing is based on consent according to point (a) of Article 6 (1), or point (a) of Article 9 (2), or on a contract within the meaning of point b) of Article 6 (1), and
• the processing is carried out by automated means.
You also have the right – if this is technically feasible – to request that your personal data are directly transferred among Data Controllers.
Right to object
/GDPR, Article 21/
You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you which is based on point (e) or (f) of Article 6 (1), including profiling based on the referred provisions. In this case, the Data Controller shall not continue to process your personal data, except where the Data Controller demonstrates compelling legitimate grounds for the processing which override your interests, rights, and freedoms or for the establishment, exercise, or defense of legal claims.
If your personal data are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing purposes, which includes profiling to the extent that it is related to such direct marketing.
Right to withdraw consent
/GDPR, Article 7 (3)/
You have the right to withdraw your consent at any time. Withdrawing your consent does not affect the lawfulness of the data processing performed based on consent before the withdrawal. You shall be informed of this before consent is granted. It shall be as easy to withdraw as to give consent.

12. Legal remedies for data subjects relating to data processing, and their content

Legal remedy Content of the remedy
Right to lodge a complaint with a supervisory authority
/GDPR, Article 77/ If your right to the protection of personal data is infringed, you may lodge a complaint to the following Authority:
Hungarian National Authority for Data Protection and Freedom of Information
registered seat: H-1055 Budapest, Falk Miksa utca 9-11.
postal address: H-1363 Budapest, Pf. 9.
telephone: +36 (1) 391-1400
email: ugyfelszolgalat@naih.hu
website: www.naih.hu

Right to effective judicial remedy against a controller or processor (initiation of court proceedings)
/GDPR, Article 79/ You have the right to go to court against the Data Controller or Data Processor if you experience unlawful processing of your personal data. The court will give priority to the case. In such cases, you are free to decide whether to submit your request with the tribunal of your domicile or your residence. Contact details of the tribunals: https://birosag.hu/torvenyszekek

13. Updates to the Privacy Notice

The Data Controller reserves the right to unilaterally modify this Privacy Notice. The modification of this Notice may be particularly executed if it is necessary due to changes in legislation, official data protection practices, business needs or other circumstances. At the request of the Data Subject the Data Controller sends a copy of the Privacy Notice in force to the Data Subject, in a form mutually agreed by the stakeholders.