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PRIVACY POLICY
Table of Contents:
Personal data protection is treated as one of the most important aspects in the activities of SK hi-tech battery materials Poland Sp. z o.o. (hereinafter referred to as “SK hi-tech”) and in the entire SK Group capital group. Our goal is to properly inform you about matters related to the processing of personal data, especially in relation to the content of the provisions on the protection of personal data, including 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 (“GDPR”).
This policy also reflects other generally applicable provisions of Polish law in the area of personal data protection, including the Act of 10 May 2018 on the Protection of Personal Data and the Act of 21 February 2019 amending certain acts in connection with ensuring the application of 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 (the so-called Act implementing the GDPR).
All personal data, regardless of the purposes and methods of their collection, processing and use, must be processed in accordance with the mandatory provisions of law and this Policy. For this reason, in this document we inform about the legal basis for the processing of personal data, the methods of their collection and use, as well as the rights of data subjects related to it.
The key objectives behind the introduction of this Policy are:
This privacy policy applies to cases where SK hi-tech is the controller of personal data and processes personal data for the purposes of its recruitment. This applies to both cases where SK hi-tech processes personal data obtained directly from the data subject and cases where we have obtained personal data from entities that help us in the recruitment process (e.g. employment agencies). SK hi-tech fulfils its information obligations in both of the above cases, specified respectively in Article 13 and Article 14 of the GDPR in accordance with these provisions. Below we indicate the full details of SK hi-tech as the controller of personal data:
SK HI-TECH BATTERY MAERIALS POLAND SP. Z O.O. with its registered office at ul. Innowacyjna 1, 42-520 Dąbrowa Górnicza, entered into the register of entrepreneurs maintained by the DISTRICT COURT KATOWICE – WSCHÓD IN KATOWICE, 8TH COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER, under the KRS number 0000768275, with the share capital (capital paid in full) of PLN 1,315,636,000.00, NIP [VAT identification number] 894-313-73-66, REGON 382272231 |
Persons whose personal data is processed may contact us in matters concerning the processing of their personal data in writing to the above address or by e-mail to the e-mail address of our Personal Data Protection Inspector: martyna.czaj@sk.com
Personal data means information about an identified or identifiable natural person. Processing of personal data is basically any action on personal data, regardless of whether it is performed in an automated manner or not, e.g. collecting, storing, recording, organizing, modifying, viewing, using, sharing, limiting, deleting or destroying. In its recruitment processes, SK hi-tech processes personal data as a personal data controller, i.e. decides on the purposes and means of processing. SK hi-tech may process data for various purposes, and depending on the purpose, different methods of collection, legal basis for processing, use, disclosure and storage periods may apply. In the further part of the Policy, we indicate and explain both the purposes and legal basis for processing.
As part of the global personal data protection program, the SK Group capital group has implemented a data protection management structure. At the local division level, Data Protection Officers and/or other persons responsible for personal data protection are the first point of contact. These persons supervise the implementation of data protection compliance at the local level in the SK Group capital group. In the case of SK hi-tech battery materials Poland, the above-mentioned “local division” is the Personal Data Protection Officer acting together with a lawyer/lawyers specializing in personal data protection.
The principles of personal data protection are generally accepted, derived from legal regulations, standards for processing such data. SK hi-tech ensures compliance with these principles when handling personal data as part of the recruitment process. Below is a description of these principles:
Principle: Lawfulness of processing
In order for the processing of personal data to be lawful, a valid basis for processing is always required, i.e. a legal basis on which personal data can be processed. The law distinguishes between the types of these bases. We present them below (in non-hierarchical order) and try to describe them briefly:
– performance of a contract
– fulfilment of a legal obligation
– protection of the vital interests of the data subject
– legitimate interest of SK hi-tech as the data controller
– consent
Ground 1: Performance of the contract
The processing of personal data may be lawful if it is necessary for the performance of obligations arising from a contract, including an employment or cooperation contract.
Ground 2: Fulfillment of a legal obligation
The processing of personal data may be lawful if it is necessary for the fulfillment of legal obligations that SK hi-tech must comply with.
Ground 3: Protection of the vital interests of the data subject
Processing personal data may be lawful if it is necessary to protect the “vital interests” of an individual. “Vital interests” means, for example, that an individual may be in a life-threatening situation and in need of immediate medical attention, but is not able to consent to the processing of personal data in that situation.
Ground 4: Legitimate interests of SK hi-tech
The processing of personal data may be lawful if it is necessary for the legitimate interests of the data controller. This means that SK hi-tech has an interest in processing certain personal data, and this interest must be “legitimate”. The application of this basis always requires a careful assessment of SK hi-tech’s interests in terms of the rights and freedoms of the natural person who is the data subject, including checking whether he or she can reasonably expect the processing of his or her personal data in the context of recruitment or future employment. The reasons for which SK hi-tech considers that it has a legitimate interest in processing the data must be explained, justified and documented in each case. The Personal Data Protection Inspector and/or the lawyer of SK hi-tech battery materials Poland are responsible for carrying out the assessment.
Ground 5: Consent
SK hi-tech may consider whether consent can be used as a basis for processing only if none of the above processing grounds 1-4 apply or specific legal provisions provide for consent as a basis for processing. Such consent may therefore only be used if the processing activity has no foreseeable negative consequences for the data subject or if it is permissible under applicable law.
Principle: Reliability and transparency of processing
Personal data must be processed fairly and transparently. SK hi-tech always considers the legitimate expectations of data subjects, the possible effect of processing and their ability to object to the processing of their personal data in cases provided for by law. The requirement of transparency means openness in the scope of data processing, thanks to which data subjects know who is the controller of their personal data and what personal data is processed and for what purposes. Another important aspect of transparency is information about their rights under applicable data protection regulations and the possibility of exercising these rights. More information on this can be found later in this Policy.
Principle: Purpose limitation
This principle means that personal data may only be collected for specified purposes. Each processing activity has its own purpose or purposes, which must be specified. When the aforementioned data is collected for a specific purpose, it may be used for another purpose only if the new purpose is compatible with the first purpose. If the new purpose is not compatible, a new basis for processing must be selected and applied.
Principle: Data Minimization
All processed personal data must be adequate, relevant and limited to those data that are necessary for the purposes of the processing activity. SK hi-tech should process data only in the event of a real need to obtain them.
Principle: Data accuracy
This principle means that steps must be taken to ensure that personal data is accurate and up-to-date. In the event that SK hi-tech becomes aware of any discrepancies (including outdated data) in personal data, it will rectify or delete the data without undue delay. Persons who become aware of such discrepancies in their personal data must be able to report this issue and, if necessary, have it rectified.
Rule: Storage Limitation
Personal data may not be stored for longer than necessary or required by law. Data must be regularly verified and deleted if no longer required. Instead of deletion, it may be stored in a format in which a person can no longer be identified; for example, by anonymizing the data. The storage period indicates the period for which certain personal data may be stored. The length of the storage period depends in part on the purposes and legal basis for the processing. When determining the storage period for personal data, legal obligations regarding record keeping must also be taken into account. SK hi-tech stores data in accordance with the applicable legal regulations in this regard.
Principles: Integrity and Confidentiality
Personal data must be processed in a safe and secure manner. This means, for example, protection against unauthorized access to data or against data corruption. SK hi-tech is responsible for applying appropriate technical and organizational measures to ensure the security of the aforementioned data. The type of such measures depends on the type and sensitivity of the personal data being processed. These measures should be determined individually in individual cases. In the event of an incident involving a breach of confidentiality of data resulting (or potentially resulting) in a risk to the security of personal data, the Personal Data Protection Officer should be informed of this incident.
Principle: Accountability
SK hi-tech must accept responsibility for compliance with the principles of personal data protection described above. SK hi-tech is aware that the correct and lawful processing of personal data contributes to the success of the company and allows for maintaining trust in us.
Certain types of personal data, referred to as “special categories” personal data in data protection law, are particularly sensitive and therefore subject to stricter data protection obligations and are often referred to as sensitive data. Examples of sensitive data include: data relating to health, trade union membership, racial or ethnic origin or sexual orientation, or data relating to personal opinions or political beliefs.
SK hi-tech should avoid processing sensitive data unless there are compelling reasons to do so or their processing is required by law. These may include situations where processing is necessary to protect the vital interests of a person or if they have given consent to the processing of such sensitive data. Other examples include the performance of legal obligations. In each case of processing sensitive data, additional security measures have been introduced.
SK hi-tech may develop new systems or initiate business activities that may involve processing personal data of job applicants, as well as its employees and collaborators. SK hi-tech aims to ensure that the protection of this data is taken into account at an early stage of developing new processing. The company therefore aims to implement measures at the design stage in the software development cycle or in the configuration process. These implemented measures will include all the data protection principles described in this policy.
In certain circumstances, including where necessary to comply with a legal obligation, SK hi-tech may determine in its sole discretion that the proposed processing involving the processing of personal data may pose an increased risk to their rights and freedoms. For this purpose, SK hi-tech shall carry out a data protection impact assessment. The impact assessment shall assess, for example, the following aspects of the processing: the purposes of the activity, the risk to the data subject, the use of new technologies and measures that can be taken to mitigate the effects on personal data.
8.1. We wish to maintain transparency regarding the methods and legal bases of personal data processing, as well as the purposes for which SK hi-tech processes personal data for recruitment purposes. We make sure to always indicate the necessary information in this regard to each person whose personal data we process as the data controller. In order to make our explanation of these issues as clear as possible, we present the following information.
8.2. We make every effort to ensure the security of your personal data. On our websites enabling job applications, we use encrypted data transmission (SSL), which protects the data identifying you and significantly impedes the interception of access to your data by unauthorized systems or persons. We also provide technical and organizational security measures for the storage and other processing of your personal data at our headquarters and offices, as well as using our IT systems and the Internet.
8.3. Purpose of processing
We process your personal data solely for the purposes of our recruitment process. The recruitment process should be understood as the search for candidates to provide work (based on an employment relationship within the meaning of the Act of 26 June 1976, the Polish Labor Code, hereinafter referred to as the “Labor Code”) or candidates to provide work or services based on forms of employment other than an employment relationship, including civil law contracts. In the further content of this Policy, we may act as a future employer within the meaning of the provisions of the Labor Code and are therefore referred to as the “employer”, and sometimes we search for candidates for employment purposes other than based on an employment relationship and then we do not use the term “employer”, and we may use other names, e.g. “client”.
8.4. Basic information about the recruitment process
We may conduct the recruitment process ourselves, using the website Career – SK (hereinafter: Kariera SK hi-tech website) or other websites, as well as through third parties, including employment agencies. In a situation where we conduct the recruitment process ourselves, from the very beginning we are the controller of your personal data made available to us as part of this process. If, however, for the purposes of recruitment we use third parties that send us applications (employment applications, including CVs) of candidates, initially, i.e. at the stage of collecting this data, these entities are controllers of personal data independent of us, and we become the controller of the personal data contained in the above-mentioned applications (job applications) only upon receipt of the above-mentioned applications (job applications) and the personal data contained therein. Each time, we sign appropriate cooperation agreements and agreements with such entities (employment agencies) regarding the processing of personal data, including obliging these entities to act in accordance with the law and to properly protect personal data. Remember, however, that until SK hi-tech receives the above-mentioned application (job application), has no access to your data or influence on how this data is processed and is not responsible for it. This Policy applies to SK hi-tech from the moment we become the controller of your personal data.
8.5. What personal data do we process and on what legal basis? How long do we store data?
8.5.1. We are guided by the principle of minimizing processing, which is one of the basic principles of the GDPR, and we do not collect excessive personal data. This means that in our job application forms, we expect you to provide only those personal data whose collection is consistent with applicable law. We rely here on the catalog of personal data indicated in Article 221 of the Labor Code:
– first name(s) and last name;
– date of birth;
– contact details provided by the person, and when necessary to perform a specific type of work or in a specific position, also:
– information on education;
– information on professional qualifications
– information on the course of previous employment.
8.5.2. Therefore, remember that if you decide to provide other personal data, providing documents, copies of documents, CVs for this purpose, you do so voluntarily and give us consent to process them for the purposes of conducting the recruitment process on the principles described in this Policy. In other words, your consent as a person applying for employment may constitute a basis for us to process your personal data only if the transfer of this data (covered by consent, for which we have no other legal basis for processing) is at your initiative. The lack of this consent or its withdrawal is never a basis for unfavourable treatment of you or does not result in any negative consequences for you, and in particular does not constitute a reason justifying the refusal to employ you.
8.5.3. To respect your privacy, we encourage you not to provide information about your health (unless it is necessary due to special circumstances related to the job position or your situation) or other sensitive data.
8.5.4. We also point out that we may ask you to provide other information (such as information about your preferred work location or expected earnings), but this is not personal data. Based on this type of information, we can segment job applications based on specific criteria that are lawful as necessary to apply for a given position, including, for example, expected earnings or location. In this respect, we may use mechanisms that facilitate our work in the analysis of this type of information, including tools enabling automated selection of job applications. However, we emphasize that we do not use these tools in relation to automated processing of personal data, including profiling, or automated decision-making.
8.5.5. We may process your personal data contained in your job application to the extent necessary to secure the pursuit of any claims, both for the purposes of pursuing them by us and defending against any claims or court, administrative or administrative proceedings. The legal basis for processing in this respect is our legitimate interest as a data controller.
8.5.6. In the event of the recruitment process being completed and no employment having taken place, as a rule, personal data are deleted or anonymized immediately after the purpose for which they were collected has been fulfilled (i.e. after the recruitment process has been completed), unless:
– the candidate agrees to their longer storage for the purposes of any future recruitments;
– we conclude, based on the circumstances of the recruitment process, that we have a legitimate interest as a data controller in securing any claims related to a given recruitment process and we may store the data longer on this basis, in accordance with applicable law; in such a case, however, this period lasts no longer than twelve months.
8.5.7. In addition, on websites used to obtain job candidate applications, including the SK hi-tech Career website, we also use small text files called cookies and may process your IP number for the purposes of verifying website traffic and statistical purposes. The principles of handling the above files are specified in our general cookie management policy available on our websites, including the above website.
9.1. Companies from the SK Group capital group
Due to the internal organizational structure of the capital group, it may happen that, based on the legitimate interest of the data controller, we have the right to send personal data contained in your application (job application) to persons employed by other companies from the SK Group. This is dictated by the fact that SK hi-tech belongs to a larger capital group, some of whose processes, as is the case in the modern world, are centralized or are under some control in order to ensure compliance of the operations of individual companies with the law and values adopted in the Group, aimed at protection against unequal treatment, discrimination or violation of personal rights.
9.2. Our subcontractors
Our suppliers of IT systems, which we use in our core business in the field of servicing operating or utility software or hosting services, are also involved in the process of processing personal data. We have signed appropriate agreements with these entities to entrust the processing of personal data.
9.3. Transfer of data to third countries
Apart from some companies from the SK Group capital group and the subcontractor indicated in point 8.6.2. above, all other entities involved by us in the recruitment process have their headquarters in Poland or in the EEA (European Economic Area). Only in cases where it is necessary to transfer personal data outside the EEA for the purposes of our legitimate interest, we make such transfer only on the basis of concluded agreements guaranteeing a high level of protection of personal data, i.e. adequate protection principles resulting from the obligation to use standard contractual clauses adopted by the Commission (EU) or participation in the “Privacy Shield” program established by the implementing decision of 10 July 2023 issued on the basis of Regulation (EU) 2016/679 of the European Parliament and of the Council, stating the adequate level of protection of personal data ensured within the framework of EU-US data protection.
9.4. Sharing personal data as a fulfillment of a legal obligation If, on the basis of mandatory provisions of law, we are obliged to share your personal data with public authorities authorized to do so under these provisions, we will have to do so. In particular, this applies to organizational units of the prosecutor’s office, courts, the President of the Personal Data Protection Office. To the extent possible, if permitted by law, we will inform you about such sharing.
Individuals whose personal data we process, i.e. data subjects, have specific rights regarding their personal data, and SK hi-tech as the controller of such data is responsible for the implementation of these rights in accordance with applicable law. In the event of any questions and requests regarding the scope and implementation of rights, as well as in order to contact us in order to exercise a specific right in the field of personal data protection, please contact the Personal Data Protection Inspector of SK hi-tech (“IODO”) at the following e-mail address: martyna.czaj@sk.com
SK hi-tech reserves the right to exercise the following rights after positive verification of the identity of the person applying for a given activity, and in addition, in each case the IODO request received may be forwarded for execution to the appropriate person from the HR area.
The right to access personal data
This right consists in the possibility of obtaining from SK hi-tech information about the personal data processed by it in connection with the recruitment process and gaining access to such data.
The right to change (correct) personal data
This right consists of the possibility of requesting rectification, i.e. a change – including updating – of your personal data processed by SK hi-tech in connection with the recruitment process.
The right to withdraw consent
In the event that personal data is processed based on consent, the data subject has the right to withdraw this consent at any time. We inform you about this almost at any time when consent is collected and make it possible to withdraw consent as easily as it was granted.
The right to restrict processing
The data subject may request that SK hi-tech restrict or cease the processing of his or her data for a specified period or indefinitely in certain special cases. In certain circumstances, it may not be possible to accept the request to cease processing (e.g. when processing is required for compliance with a legal obligation).
The right to object to processing
The data subject has the right to object to the processing of their personal data at any time, due to their particular situation, unless the processing is required by law. Note: the right to object is available when the processing of personal data is based on a legitimate interest and the objection is justified by the above-mentioned special situation.
The right to delete data
The data subject may request the deletion of their personal data where the data is no longer necessary for the purposes of processing. In certain circumstances, it may not be possible to accept a request to delete data (e.g. where the processing is required to comply with a legal obligation, e.g. the retention of employee records for a certain period of time).
The right to data portability
The right to transfer data is granted to a person when the processing of a person’s data is based on his or her consent or a contract concluded with him or her and when such processing is carried out automatically.
For contact purposes, we provide the following data:
SK hi-tech battery materials Poland Sp. z o.o.
Factory I-II: ul. Innowacyjna 1, 42-520 Dąbrowa Górnicza Poland
Factory III-IV: ul. Innowacyjna 3, 42-520 Dąbrowa Górnicza Poland
E-mail address: skbmp@sk.com
Tel. No.: (Administration Group): 32 779 26 01
Tel. No.: (Security): 32 779 26 12
We inform you that you also have the right to lodge a complaint with the supervisory authority, which is the President of the Office for Personal Data Protection, at the following address: ul. Stawki 2, 00-193 Warsaw.
We undertake to regularly review this Privacy Policy and change it when it proves necessary or desirable due to: new legal regulations, new guidelines from authorities responsible for supervising personal data protection processes, best practices in the area of personal data protection (Codes of good practice, if SK hi-tech is bound by such Codes, about which we will then inform). We also reserve the right to change this Privacy Policy in the event of changes in the technology by which we process personal data (if the change affects the wording of this document), as well as in the event of changes in the methods, purposes or legal basis for processing personal data by us.
This document was last updated on September 4, 2024.