Privacy Statement - Job Applicants

1. Introduction

This Privacy Notice for job applicants (’Privacy Notice’) describes how Braincreators B.V. process the personal data of candidates we contact and applicants who apply to a position (‘you’) in connection with Braincreators' recruitment process.

We have carefully drafted this Privacy Statement to inform you in plain language about our privacy practices. The Privacy Statement tells you what personal data we process about you, why we process it and how we use it during our recruitment process. We encourage you to read the Privacy Statement in full.

2. When does this statement apply?

This Privacy Statement applies to the processing of personal data of job applicants or job prospects by Braincreators. Processing personal data is a broad term and includes (amongst other things) collecting, recording, storing, amending, reviewing, using and deleting personal data.

Some countries may have stricter or deviating local legal requirements. For example, local law may impose different requirements on how long we have to keep your data (data retention). Incase of a conflict between this Privacy Statement and such requirements, the latter will prevail.

3. What is personal data?

It is important for you to know that ‘personal data’ (or ‘data’, ‘personal information’ or ‘your data’), refers to 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 by reference to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

4. What personal data do we process about you?

During the recruitment process, we ask you to provide us with information that enables us to assess your suitability for certain positions.

We may process personal data about you, such as:

-  Government-issued data and documentation required under immigration laws, such as passport number and expiry date, nationality, social security/national insurance/equivalent identification number and work permit;
-  Recruitment data, such as curriculum vitae, application form, educational qualifications, professional qualifications, background and educational checks, and statements of conduct;
-  Identifiers, such as contact details (i.e., name, alias, telephone number, postal address, e-mail address);
-  Information given by you during face-to-face and video interviews, via emails, phone calls and other means of communication;
-  Results of tests and analyses that you have performed at our request;

Special categories of personal data and sensitive personal data

We may also process personal data that is considered a special category of personal data or sensitive personal data. You may, for example, provide us with a photo that may reveal your race or ethnic origin, physical health or religious beliefs. Furthermore, we may process personal data that is considered sensitive, such as veteran status or information relating to criminal convictions or offences (statement of conduct).

Please note that for the recruitment process, some required personal data may vary depending on the position you apply for, the location or country of the position, and applicable local rules and regulations. We may process special-category data or sensitive personal data, taking into account local legal requirements. In case we process special or sensitive personal data based on local requirements, we will notify you in advance.

We do not collect or process sensitive personal data or characteristics of protected classifications for the purpose of inferring characteristics about you.

How do we obtain your personal data?

We collect personal data directly from you when you apply for a position with us or when we contact you with a possible job offer. In addition, we may collect your personal data  independently through different career-oriented platforms and websites. We also collect your personal data from third parties, such as professional recruitment agencies, your provided references, prior employers, and pre-employment and background check providers, to the extent permitted by applicable law.

5. For what purposes do we process your personal data?

We process your personal data for one or more of the following purposes:

-  To identify and evaluate your qualifications for available positions
-  To verify the data you submitted and carry out reference checks, pre-employment screening and conduct background checks (where applicable)
-  To inform you about the progress of your application or other vacancies at Braincreators that we consider suitable for you
-  For recruitment marketing, such as custom audience, talent pool creation for future job openings and email communication concerning job openings
-  To prepare a job offer and employment contract, where applicable, and to fulfil onboarding activities in case of a successful application
-  To assess your fitness to work and for the provision of facilities in the workplace for any accommodation
-  To manage your job application account so that you to be able to track your application progress
-  To efficiently manage and operate administrative, information technology, and communications systems, risk management and insurance functions, budgeting, financial management, and strategic planning;
-  To comply with the law, including the investigation of any possible cases of non-compliance with statutory or contractual obligations or the disclosure of personal data to government institutions or supervisory authorities, as well as to exercise or defend legal claims.

6. What is the legal basis for processing your personal data?

The legal bases (or justified reasons) for processing your personal data are:

-  The legitimate interest for recruitment and management purposes
-  For entering into and managing a contract or employment relationship
-  For compliance with our legal obligations
-  Your specific and informed consent

7. Who has access to your personal data?

Access to your personal data within Braincreators

Our employees are authorised to access personal data only to the extent necessary within the
scope of their roles and responsibilities as Braincreators employees.

8. Sharing of personal data

To support our recruitment process, we rely on a limited number of carefully selected third parties. In some cases, these parties may receive access to your personal data as processors acting on our behalf, but only where this is strictly necessary for the execution of their services.

These processors typically support us with:

-  Recruitment and staffing services, such as external recruitment agencies or platforms that help us identify and assess suitable candidates;
-  Communication and scheduling tools, such as software used to plan interviews or share documentation during the application process;
-  Administrative and accounting services related to recruitment, such as salary administration or compliance checks required to onboard new employees;
-  Government bodies and official institutions, for example, to request a certificate of conduct (VOG) or to register an employment relationship, if applicable.

All parties involved only act on our documented instructions, and we ensure appropriate safeguards through Data Processing Agreements, in accordance with the GDPR.

9. How long will we keep your personal data?

Your data will be kept only for the period required to serve the purposes. After the applicable retention period, your personal data will be securely deleted, destroyed or de-identified. If you accept an offer of employment from us, any relevant personal data collected during your pre-employment period will become part of your personnel records and will be subject to our Privacy Statement - Employees.

10. How is your personal data secured?

We take adequate measures to protect the confidentiality, integrity and availability of your personal data. The implementation of appropriate technical, physical and organisational measures protects your personal data against the following instances:

-  Accidental or unlawful destruction
-  Accidental loss, damage, alteration
-  Unauthorised disclosure or access
-  Any other forms of unlawful processing (including but not limited to improper use)

We have procedures in place to deal with any (potential) personal data breach. You and the relevant data protection authorities will be notified of a data breach, where we are legally required to do so.

11. What about your rights?

Where provided under the applicable law, you have rights in relation to your personal data, such as:

-  The right to access the personal data we have about you
- The right to know how we process your personal data
- The right to have your personal data corrected
- The right to have your personal data deleted (‘right to be forgotten’)
- The right to restrict processing of your personal data by us
- The right to object to automated decisions
- The right to withdraw consent at any time and without detriment
- The right to object to certain data processing operations
- The right to request a transfer of your personal data (‘right to data portability’).
- The right to copy, correct, delete your personal data by your relative in case of your death (if applicable).

121. Complaints

It may be that, despite Braincreators’ careful approach, you have a complaint about the way we handle your personal data and/or rights. You can submit a complaint to the Dutch Data Protection Authority via the website www.autoriteitpersoonsgegevens.nl. We appreciate it when you first notify us of your complaint via HR (info@braincreators.com), but you are not obliged to do so.