DATA PRIVACY POLICY OF JOB APPLICANTS

SCOPE AND PURPOSE

When you apply for a vacancy at NKT Photonics (“the Company”, We”, “Us”, “Our”), the Company will collect and process personal data about you as a job applicant, including storage of your job application, your CV/résumé and other relevant material in case a relevant vacancy occurs in the Company in the future.

Purpose, sources and Personal data processed by our company

The Company gathers, collects and processes personal data about you to run an efficient recruitment process, where you as a candidate can be evaluated fairly and thoroughly.

We process the personal data you have provided to us by submitting your job application, CV/résumé and other relevant material such as education certificates, references, etc. This includes, for example, your name, address, e-mail address, telephone number, your work experience, qualifications, education, preferred spare time activities, etc.

We collect your personal data through our recruitment systems. Further, we may process personal data that are collected from third parties; for example, from public databases, via LinkedIn or other public social media platforms, an online search or a search and selection/recruitment agency. If you have given your consent, we may also obtain and process statements from your former employers, such as information on your job assignments and qualifications. The Company does not process or otherwise use your social security number in the recruitment process. Moreover, processing of sensitive personal data such as health-related information is in general not necessary in relation to the recruitment process, unless specifically stated in the job advert. Accordingly, we request you – before your submission of your job application – not to include such information unless it is requested.

Responsibility

The Company is the data controller for the processing of your personal data relating to your job application. The Company understands the importance of correct processing of your personal data. We are committed to be compliant with the current regulations and this privacy policy (“Privacy Policy“) is prepared with reference to applicable data protection legislation, namely the General Data Protection Regulation (“GDPR“).

Policy principles

Legal basis for processing

The Company processes the personal data you have provided to us for recruitment purposes to pursue our legitimate interests such as administration of recruitment process and evaluation of the job applicants before hiring, and this interest is considered to override your interests or fundamental rights and freedoms, cf. Article 6 (1) (f) of the GDPR. If you are chosen for one of our vacancies, such processing will also be necessary in order to take steps at your request prior to entering into an employment contract, cf. Article 6 (1) (b) of the GDPR.

Storage of your personal data for relevant future recruitment only takes place based on your consent, cf. Article 6 (1) (a) of the GDPR. Likewise, obtainment of references from external parties such as former employers is based on your consent, cf. Article 6 (1) (a) of the GDPR.

Processing of your personal data

The Company may disclose personal data about you to certain third-party recipients, such as intra-group companies or service providers, in relation to the recruitment process (including search and selection/recruitment agencies). Such parties act generally as data processors and will only process personal data about you on behalf of the Company and in accordance with the instructions given by the Company. Thus, these third-party recipients are not permitted to process your personal data for their own purposes.

In certain specific cases, e.g. in connection with disputes, including when the disclosure of your personal data is necessary for the establishment, exercise or defence of the Company’s legal claims, we may disclose your personal data to its advisers or other relevant third parties provided it is deemed necessary and lawful.

Transfer of your personal data to a third country (outside of EU/EEA)

In certain cases, your personal data may be transferred to countries outside of the EU/EEA. The Company ensures that such transfer will be carried out in accordance with the applicable data protection laws. This entails that any party outside of the EU/EEA that will receive your personal data will ensure an adequate level of protection, for example, by entering into the EU standard contractual clauses with the Company and adopting supplementary measure where applicable. If you wish to obtain a copy of the appropriate safeguards provided for the transfer, please contact hrsupport[at]nktphotonics.com.

Storage of your personal data

Please note that all the material you have provided to the Company when submitting your job application will be stored provided that such material relates to your job application. We will not redact or otherwise cross out specific pieces of information in documents, etc. For the same reason, we urgently request you – before your submission of your job application – not to submit personal information that was not necessary for the vacancy you applied for.  

If you are not chosen for the vacancy you applied for, we will store your job application, CV/résumé and other relevant material for 1 year, if you have given your consent to such storage. Hereafter, your personal data will be deleted.

If you have not given us your consent to the storage of the documents, these will be deleted soonest possible after the position you have applied for has been occupied by another applicant.

Your rights as a data subject

Our Company has implemented appropriate organisational and technical measures in order to protect your personal data and ensure your rights as a data subject. As a data subject you have a number of rights. Please note that certain limitations may apply in this relation, e.g., when your right to obtain information is found to be overwritten by essential considerations of private interests. If you have any questions to your rights as a data subject, please contact us through the below mentioned means of contact.

You have the right of access to, including the disclosure of a copy of, the personal data our Company processes about you. Furthermore, depending on the circumstances you have the right to rectification, erasure (the “right to be forgotten”) or restriction of the personal data our Company processes about you. You also have the right to object to the processing of your personal data.

Under specific circumstances, you may have the right to data portability. Where processing is based on a consent or a contract with you and the processing is carried out by automated means, you have the right to receive the personal data concerning you in a structured, commonly used and machine-readable format, if technically possible. Thus, you have the right to transmit this personal data to a third party without hindrance from our Company.

As a general rule, you have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if, among other things, automated decision-making and profiling is necessary for entering into, or performance of, a contract between you and the Company.

If – and to the extent – processing of your personal data is based on your consent, you have the right to withdraw your consent at any time. Please note that this does not affect the Company’s processing of your personal data prior to the withdrawal of your consent.

If you want to read more about your rights, please contact the relevant personal data protection authorities in your country, a list of websites can be found in the Appendix.

If you wish to exercise any of the above-mentioned rights, you are welcome to contact hrsupport[at]nktphotonics.com.

Data privacy laws outside of the general data protection regulation

For the purposes of this Policy, in jurisdictions not covered by the General Data Protection Regulation, this Policy will apply to the extent it meets local laws. In instances where this Policy does not meet local laws then those laws will supersede this Policy.

Questions and complaints

If you have any questions, complaints, or comments to our processing of your personal data in relation to the recruitment process, please contact hrsupport[at]nktphotonics.com.

If your complaint is not resolved by our Company to your satisfaction, you may choose to contact the relevant personal data protection authorities in your country, the website of which can be found in Appendix 1.

Please note that any personal data protection authority is only competent of handling complaints regarding our processing of your personal data; complaints concerning the handling of the recruitment process, rejections, etc. must be forwarded to the Company.

Changes to this Privacy Policy

This Privacy Policy will be updated on a regular basis and when necessary due to changes in applicable law and practice and, thus, we recommend that you keep yourself updated in this Privacy Policy regularly.

Data protection authority websites

Denmark          www.datatilsynet.dk

 Germany            https://www.ldi.nrw.de

 Sweden             www.government.se/government-agencies/the-swedish-data-protection-authority/

Switzerland       www.datenschutz.ch/die-datenschutzbeauftragte/impressum

UK                      www.ico.org.uk

 USA                   www.gov.usa/privacy

 Hong Kong       www.pcpd.org.hk

 Korea                www.itu.int/en

 China                www.gov.cn or

www.mondaq.co.uk/china/data-protection/1119838/china39s-pipl-explained-and-interpreted-by-the-law-maker