Processing of (personal) data by the entity in charge of the online application process

RECRUITMENT PRIVACY INFORMATION NOTICE
Regulation EU 2016/679 of the European Parliament and Council of 27 April 2016, General Regulation on the protection of personal data and on the free movement of such data
Version of 25 November 2024
PNED G.I.E., branded as Luxembourg National Data Service (hereinafter “LNDS” or “We”), having its registered office in Esch-sur-Alzette, 6, Av. des Hauts-Fourneaux, 4362, collects and processes personal data on individuals (hereinafter “you”, the “Candidate”, or the “Data Subject”) when you submit a job application at LNDS.

1 – IDENTITY AND CONTACTS OF THE DATA CONTROLLER

Whilst processing personal data, LNDS acts as data controller (hereinafter “Data Controller” or “Controller”). In case of any need connected to the processing of personal data by LNDS and, in particular, in order to pursue the relevant rights (briefly described in paragraph 7 below), you can reach the Controller at its premises as indicated above, or via email at the following address: dpo@lnds.lu

2 – CATEGORIES OF PROCESSED DATA, LAWFULNESS AND PURPOSES OF THE PROCESSING

LNDS collects personal data about you throughout the several activities of the recruitment process. The data collected about you includes, but is not limited to:

Identification data and contact details, such as your first and last name, gender, address, phone number, personal email, and the channel through which you heard about us.
Job application data, such as CV, motivation letter, video presentation and, sometimes, pictures of you, LinkedIn account, and availability date.
Other data related to your working and education history or your personal skills collected from publicly available sources, such as your LinkedIn account.
Documentation required under immigration laws, such as passport, residency, or work permit (if applicable) at the stage of the offer acceptance.
Job and career expectations, such as your salary expectations.
Results of your job application assessment, such as results of the assessments carried out by our recruiters or by LNDS’ HR team on your CV, your competencies and skills, or during the interviews with LNDS staff, including preliminary interviews with our recruiters.
Any other information you might share voluntarily with LNDS during your recruitment process, such as references about your previous work experience.
Technical data, such as your IP address.

LNDS will process your personal data for the following purposes and on the basis of the respective legal basis:

Purpose of processing: To allow you to submit your application and communicate with you about your job application and move forward in the recruitment process. Categories of data: Identification data and contact details; Technical data. GDPR legal basis: Contract or to take steps prior to entering into a contract
Purpose of processing: To perform the evaluation of the candidates and create reports and documentation concerning the evaluation process. Categories of data: Job application data; Other data related to your working and education history or your personal skills; Job and career expectations; Any other information you might share voluntarily with LNDS; Results of your job application assessment. GDPR legal basis: Legitimate interest of LNDS to choose the most suitable candidates for the open position
Purpose of processing: To prepare and draw up your employment contract. Categories of data: Identification data and contact details; Documentation required under immigration law; Job career and salary expectations. GDPR legal basis: Contract or to take steps prior to entering into a contract
Purpose of processing: To temporarily maintain your data in a recruitment database in case your application does not lead to an immediate hiring. Categories of data: Identification data and contact details; Job application data; Other data related to your working and education history or your personal skills; Job and career expectations; Any other information you might share voluntarily with LNDS; Results of your job application assessment. GDPR legal basis: Legitimate interest of LNDS to maintain a recruitment database of unsuccessful candidates to re-contact them for new positions or ensure no duplicate applications occur
Purpose of processing: To defend and/or establish our legal right. Categories of data: Results of the job application assessment. GDPR legal basis: Legitimate interest to ensure that LNDS can defend itself in case of legal claims

3 – PROCESSING MODALITIES

We collect data directly from you when you submit a job application to a position open at LNDS via our website or other social media channels where we publicize our open job positions (e.g., LinkedIn). Alternatively, we can collect personal data via third parties acting on behalf of LNDS as recruiters. We or our recruiters may also collect personal data from publicly available sources, such as LinkedIn, to gather additional information about your job or education history.
LNDS processes your personal data using adequate technical and organizational measures to avoid any unlawful or accidental loss of confidentiality, integrity, and availability of your data. LNDS provides access rights on a need-to-know basis to ensure that only authorized LNDS staff can access your personal data.

4 – DATA RECIPIENTS

The personal data that you provide to LNDS may be disclosed, exclusively for the abovementioned purposes (paragraph 2.2), to the following categories of recipients:

Authorized internal staff, such as HR department and restricted groups of employees involved in the evaluation of your application.
Service providers, such as recruiters acting on behalf of LNDS, or our software service providers.

For access to the list of our service providers processing your personal data on our behalf, you can send a request to dpo@lnds.lu.

5 – TRANSFER OF DATA ABROAD

Where LNDS transfers your personal data outside of the EU/EEA, such transfers will:

Be confined to safe addressees, such as recipients or processors located in countries that have received an adequacy decision of the European Commission (EC) and are considered to provide an adequate level of protection.
If necessary, be covered by appropriate safeguards, such as entering into EC-approved standard contractual clauses.

Further information about the safeguards that LNDS applies when transferring your data can be requested by contacting us at dpo@lnds.lu.

6 – DATA RETENTION

LNDS retains your personal data for as long as required to pursue the purposes indicated and/or for the mandatory retention duration set forth by applicable law. Namely:
Purpose of processing: To communicate with you about your job application and move forward in the recruitment process. Retention time: For 1 year from the closure of the recruitment process
Purpose of processing: To perform the evaluation of the candidates and create reports and documentation concerning the evaluation process. Retention time: Up to 1 year from the closure of the recruitment process
Purpose of processing: To prepare and draw up your employment contract. Retention time: At least as long as your employment at LNDS
Purpose of processing: To maintain your data in a recruitment database in case your application does not lead to an immediate hiring. Retention time: For 1 year from the closure of the recruitment process
Purpose of processing: To defend and/or establish our legal right. Retention time: Maximum 1 year from the closure of the recruitment process

7 – RIGHTS OF THE DATA SUBJECT

The data subject is entitled to request the Controller, at any time, via the contact details indicated above, confirmation as to whether or not their personal data is being processed, as well as access to them. In case the data subject has provided their consent to the processing of personal data, they can request to withdraw it at any time.
The data subject is entitled to the rectification or, where applicable, erasure of data and the limitation of or objection to, upon legitimate reasons, the processing. The data subject is also entitled to exercise the right to the portability of the related data which has been subject to automated processing, in case the relationship between the data subject and LNDS is regulated by a contract or agreement.
As a Data Subject, you are entitled to lodge a complaint with the Supervisory Authority for the Protection of Personal Data in Luxembourg: the Commission Nationale pour la Protection des Données (https://cnpd.public.lu/fr.html).

Processing of (personal) data by the operator of the recruitment website

General information

This recruitment website is operated by Personio SE & Co. KG, which offers a human resource and candidate management software solution (https://www.personio.com/legal-notice/). Data transmitted as part of your application will be transferred using TLS encryption and stored in a database. The sole controller of this data within the meaning of article 24 of the GDPR is the enterprise carrying out this online application process. Personio’s role is limited to operating the software and this recruitment website and, in this context, being a processor under article 28 of the GDPR. In this case, the processing by Personio is based on an agreement for the processing of orders between the controller and Personio. In addition, Personio SE & Co. KG processes further data, some of which may be personal data, to provide its services, in particular for operating this recruitment website. We will refer to this in more detail below.

The controller

The controller under data protection law is:
Personio SE & Co. KG
Seidlstraße 3
80335 München
Tel.: +49 (89) 1250 1004
Entry in the commercial register
Commercial register entry number: HRA 115934
Registration Court: Amtsgericht München
Data Protection Officer contact: privacy@personio.com

Access logs (“server logs”)

Each access to this recruitment website automatically causes general protocol data, so-called server logs, to be collected. As a rule, this data is a pseudonym and thus does not allow for inferences about the identity of an individual. Without this data, it would, in some cases, be technically impossible to deliver or display the contents of the software. In addition, processing this data is absolutely necessary under security aspects, in particular for access, input, transfer, and storage control. Furthermore, this anonymous information can be used for statistical purposes and for optimizing services and technology. In addition, the log files can be checked and analyzed retrospectively when unlawful use of the software is suspected. The legal basis for this is §25 subsection 2 Sentence 2 TDDDG. Generally, data such as the domain name of the website, the web browser and web-browser version, the operating system, the IP address, as well as the timestamp of the access to the software is collected. The scope of this log process does not exceed the common log scope of any other site on the web. These access logs are stored for a period of up to 7 days. There is no right to object to this.

Error logs

So-called error logs are generated for the purpose of identifying and fixing bugs. This is absolutely necessary to ensure we can react as quickly as possible to possible problems with displaying and implementing content (legitimate interest). As a rule, this data is a pseudonym and thus does not allow for inferences about the identity of an individual. The legal basis for this is §25 subsection 2 Sentence 2 TDDDG. When an error message occurs, general data such as the domain name of the website, the web browser and web-browser version, the operating system, the IP address, as well as the timestamp upon occurrence of the respective error message and/or specification is collected. These error logs are stored for a period of up to 7 days. There is no right to object to this.

Use of cookies

So-called cookies are used on parts of this recruitment website. They are small text files which are stored on the device with which you access this recruitment website. As a general rule, cookies serve the purpose of ensuring secure access to a website (“absolutely necessary”), implementing certain functionalities such as standard-language settings (“functional”), improving the user experience or the performance of the website (“performance”), or placing targeted advertisements (“marketing”). On this recruitment website, we generally use only cookies that are absolutely necessary, functional or performance-related, in particular for implementing certain default settings such as language, for identifying the job advertising channel, or for analyzing the performance of a job advert via which a user accessed this recruitment website. The use of cookies is absolutely necessary for providing our services and thus for the performance of the contract (article 6 (1) b) of the GDPR). Period of storage: up to 1 month or until the end of the browser session Right to object: You can determine via your browser settings whether you allow or object to the use of cookies. Please note that deactivating cookies may result in limited or completely blocked functionalities of this recruitment website.

Rights of data subjects

If Personio SE & Co. KG as the controller processes personal data, you as the data subject have certain rights under Chapter III of the EU General Data Protection Regulation (GDPR), depending on the legal basis and the purpose of the processing, in particular the right of access (article 15 of the GDPR) and the rights to rectification (article 16 of the GDPR), erasure (article 17 of the GDPR), restriction of processing (article 18 of the GDPR), and data portability (article 20 of the GDPR), as well as the right to object (article 21 of the GDPR). If the personal data is processed with your consent, you have the right to withdraw this consent under article 7 III of the GDPR. To assert your rights as a data subject in relation to the data processed for the purpose of operating this recruitment website, please refer to Personio SE & Co. KG’s Data Protection Officer (see item B).

Concluding provisions

Personio reserves the right to adjust this data privacy statement at any point in time to ensure that it is in line with the current legal requirements at all times, or in order to accommodate changes in the services offered, for example when new services are introduced. In this case, the new data privacy statement applies to any later visit of this recruitment website or any later job application.