Nota informare in cadrul procesului de recrutare (EN)

JOB APPLICANTS’ PRIVACY NOTICE

At Optical Investment Group SA (“OIG”, “we,” “us,” “our”), part of EssilorLuxotica Group, we are committed to protect Personal Data. Upholding this commitment is essential to our success and reputation, and ultimately our ability to fulfil our mission of helping people see more, be more and live life to its fullest.

1.    PURPOSE OF THIS NOTICE

As part of its recruitment process, OIG collects (directly or through recruitment agencies) job applicant’s Personal Data. This Job Applicants’ Privacy Notice (“Privacy Notice”) aims to clarify and detail our practices regarding the collection and processing of your personal data, explaining the types of data we collect and the purposes for which we use such data,  in the context of recruitment of Candidates who apply for jobs, internship or apprenticeship opportunities within our organization directly or indirectly through external recruiters , as well as your rights regarding this data processing.

Under applicable data protection legislation (including Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data – GDPR, and the national Law no. 190/2018), OIG (and/or any Affiliate within the EssilorLuxotica Group processing your Personal Data) is a „controller„. This means that we are responsible for deciding how we hold and use the Personal Data that you share with us.

According to data protection legislation, we inform you, through this document, on the way we process your Personal Data.

In this Privacy Notice, capitalized terms shall have the following meaning:

OPTICAL INVESTMENT GROUP SA (OIG)	OPTICAL INVESTMENT GROUP S.A., a Romanian company having its registered office at Bucharest, 61-81 Amiral Horia Macelariu Street, building B, ground floor, 1st District, registered with the Trade Registry under no. J2019010150407, sole registration code 41476070, part of the EssilorLuxottica Group.
EssilorLuxottica Group	EssilorLuxottica, a French company having its registered office at 147, rue de Paris 94227 Charenton-Le-Pont Cedex, France, and any of its Affiliates including OPTICAL INVESTMENT GROUP S.A.. For the purposes of this privacy notice, “Affiliates” shall refer to any of the legal entities owned and/or controlled by EssilorLuxottica.
Job Applicant / Candidate	Any person applying directly or indirectly for a job position or an internship or apprenticeship opportunity in OIG or being contacted directly or indirectly by OIG or any recruitment agency acting on its behalf as a potential candidate for a job position.
Personal data	Any information, about an individual from which that person can be identified (name, contact details, identification number, etc.). The categories of Personal Data that we may process are listed in this  Privacy Notice.
Processing of Personal Data	Any action conducted concerning your Personal Data such as, the collection, recording, organization, storage, modification, transfer, deletion, access, consultation, etc. of such data.

2.    WHY DO WE PROCESS YOUR PERSONAL DATA?

In order to better understand how your career path aligns with our opportunities we need to process your Personal Data. We use various tools and applications to provide you with information on our organization and career opportunities within OIG, and to facilitate and personalize your recruitment and integration process. At each step, you may share Personal Data with us, or we may collect your Personal Data.

OIG may process your Personal Data for a number of purposes which include without limitation:

PURPOSES	LEGAL BASIS	DETAILS
Research and selection of potential Candidates	Legitimate interest	Browsing professional job seeking or professional networking websites or applications to identify and select potential Candidates, from open source platformsObtaining communication of potential Candidates from a third party vendor / recruitment agencyReceiving and processing including storage of spontaneous candidaturesSelecting potential Candidates by using scoring tools offered by job seeking websites  Selecting Candidates with regards to the particular skills or expertise required by the job search (e.g. technical, language skills, professional experience, etc.Assessing Candidates using structured interviews, competency-based interviews (technical tests, business cases etc.) or other methods decided by OIG and communicated to the Candidate during the interview processRecording and managing candidatures from the recruitment section in our websites,
Recruitment and selection of employees for filling open positions	Performance of a contract or precontractual steps at the request of the Job Applicant/ Legitimate interest/ Legal obligation	Entering in contact with potential CandidatesResponding to job applications by CandidatesCollection and management of job applications Evaluation of job applications Decision whether to offer the job to the Candidate;Check a Candidate’s eligibility to work in the country or in the specific position Reference checks and background checking,  to ensure compliance with applicable legal obligations or to pursue our legitimate business interests ensuring integrity, reliability, and suitability of candidates
Creation of a pool of potential Candidates for future positions	Legitimate interest	Creating a database of CVs and profiles for future recruitment purposes, which our internal talent team will be able to consult, update and maintain.
Equal opportunity monitoring	Legal obligation	Ensuring compliance with equal opportunity obligations and non-discrimination, where applicable
Managing recruitment of persons with disabilities	Legal obligation	Complying with our legal obligations with respect to disabled personsMaking reasonable adjustments for Candidates who have a disability
Legal claims	Legitimate interest	Responding to and defending against legal claims.
Temporary staff	Legitimate interest	Management of temporary / interim staff Personal Data received from interim / work agencies for the purposes of their mission in OIG
Job alert and   personalized job recommendations	Consent	Presentation with relevant job offers or relevant job recommendations based on resumes and profile of preferred place of work and career level.

OIG has a legitimate interest in processing Personal Data during the recruitment process and for keeping records during a certain period of time. Processing data from Job Applicants allows us to manage the recruitment process, assess and confirm a Candidate’s suitability for employment and decide to whom to offer a job.

You may request us to send you job alerts through the recruiting websites, where possible, by completing your job search criteria and preferences. You can stop receiving these job alerts at any time by clicking on the unsubscribe link contained in the job alert email.

If you are selected to receive an employment or collaboration offer, you will be provided with a separate privacy notice regarding the processing of employees’ or collaborators’ personal data.

3.    WHAT PERSONAL DATA MAY WE PROCESS ABOUT YOU?

3.1           Categories of Personal Data

For the purposes set out above, in the context of your application for recruitment within OIG we may process Personal Data relating to you, including the categories and types of data below.

We may collect this information in a variety of ways. For example, Personal Data may be contained in application forms, CVs or resumes, or collected through interviews or other forms of assessment.

CATEGORY OF DATA	TYPES OF DATA
Contact details	First, middle and last names, date and place of birth, nationality, gender, distinctions, email address, address of residence, phone number.
Personal life data	Where legally allowed, or because it is necessary to process your application, marital status, family members.
Data about Candidates professional experience	Education and skills including (at the final stage of recruitment) copy of diplomas or certificationsPast or current employment: professional experience, employment history and recommendation letters, referencesEvidence of employment such as work certificate issued by the previous employerCurrent compensation: salary, bonus, long term incentives, awards, benefits entitlement and (at the final stage of recruitment) related justificationPotential obligations or restrictions from your current employment (e.g. non-compete clause)Other activities you may have that are relevant for the management of conflict of interests: your interests or the interests of your family and/or friends in third party businesses or activities; any other information you provide (such as information included in your resume or cover letter, or in any online application you may fill on our websites or third party platforms such as job search and career networking websites or applications)Information that you make publicly available such as contact information, your education, and work experience information (e.g. when you share information via job search and career networking sites as far as it is relevant to consider you for career opportunities)
Candidates expectations	Expected compensation and benefits of the CandidatesPreferred place of work Willingness to relocate
Application documents generated by us	Information about specific needs of trip or accommodation you may require during the recruitment processTest results, feedback and notes from interviews or other selection processes
Contact with referees	We will seek information from third parties referred by you only once a job offer has been made to you and will inform you in this regard. The only exception to this is if you are selected for interview and have provided OIG with your permission to contact your referees prior to a job offer being made then we will contact your referees directly.
Background checks and criminal records	We may collect data resulted from background checks and criminal records or self-declarations related to criminal convictions, where allowed or requested by applicable laws, in order to check your eligibility for the job position, at the final stage of the recruitment process.
Philosophical, political and religious opinions,  sexual orientation, information relating to racial or ethnic origin	Such data will never be Processed by us, unless for the purposes of equal opportunity monitoring and where legally allowed or required. This data will never be used to discriminate your candidature.
Health Data	Whether or not you have a disability for which the organization needs to make reasonable adjustments during the recruitment process, where legally allowed or required, or such data is necessary in order to comply with legal requirements relating to employment of disabled persons;Health information to monitor the spread of infectious diseases in the workplace (where appropriate)
Immigration information	Copies of passport, visa, work permit
Other permits	Copies of the driver’s license or other professional license (e.g. optomestrist license), if required for the job position to be filled.
Connection data	When you connect to our recruitment websites, we collect Data such as IP addresses, type and version of the browser, connection time and location, identification data (login, password), connection logs, activity conducted on our websites.

3.2           Processing of Sensitive data.

We may process certain categories of Personal Data which may be qualified as “sensitive” Personal Data (e.g. social security numbers or national identification numbers, philosophical, political and religious opinions, information relating your personal health data, racial or ethnic origin, criminal records).

However, we will only process such sensitive data:

•  where it is required or allowed under local applicable legislation
• while implementing adequate safeguards to ensure the protection of such “sensitive” Personal Data;
• where it is relevant as per local practices, meets a clearly defined and legitimate purpose and respects the rights and individual freedoms of the individuals whose “sensitive” Personal Data will be processed.

3.3           Information about criminal convictions

We may only use information relating to criminal convictions on an exceptional basis at the final stage of the recruitment, where it is mandatory or relevant for the considering position and provided that the law requires or allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our Personal Data protection policy.

Such checks will also be performed based on the legitimate interest of OIG, only for employees holding certain positions for which the verification of integrity and absence of certain offences is objectively justified by the nature and level of responsibility of the role, in accordance with our policies.

Background checks are carried out based on self-declarations signed by Candidates.We will only collect information about criminal convictions if it is appropriate given the nature of the role and where we are legally allowed to do so.

3.4           Cookies

Cookies improve the user experience on our websites because they allow, for example, the system to recognize returning visitors. Cookies are small, usually randomly coded text files that are sent to your computer / device and stored there. These cookies allow your browser to track certain information that may be retrieved and used by internet servers at a later stage. Our recruitment websites use cookies and similar technologies for several reasons (e.g. faster loading, saving your settings, facilitating your log-in, etc.). For further details you can refer to our cookie policy available on our websites. Most browsers allow you to turn off cookies. If you want to know how to do this, please look at the help menu on your browser. However, switching off cookies might restrict some functionalities of our websites.

3.5           What happens if you do not provide the personal information we request?

If you do not provide the information we request, we may not be able to properly process your application or to take your application further.

In the event your candidature would be successful, we will ask for additional information and relevant evidence that are necessary to finalise your recruitment. The finalisation of your recruitment will be subject to the communication of such information and documents. If you do not provide the information we request, we may not be able to finalise your recruitment and conclude an employment contract with you.

4.    HOW DO WE PROCESS YOUR PERSONAL DATA?

4.1           How do we collect your Personal Data

• We may collect Personal Data directly from you:
  • You provide us with it, for example when filling in a contact form, participate in a job interview or answer the questions of a recruitment test that we may implement; or
  • We collect it through the implementation of technologies such as cookies.

• We may also collect Personal Data indirectly when we collect it from service providers or partners, as is the case when we collect data resulting from your application when using the platforms provided by our providers or publicly available platforms such as for example LinkedIn, Twitter or Facebook as part of the analysis of your application;
  • We may collect Personal Data from third parties such as referents (when we issue a job offer to you), former employers (to confirm previous employment details) or educational institutions (in order to confirm your diplomas).

4.2           Where is your Personal Data processed?

Your Personal Data is hosted in data centers located in the European Union but they may be connected, exchange information and have links with applications based in different jurisdictions. Data may be transferred to, accessed and stored in a country outside the European Economic Area („EEA”) and in particular may be processed by staff operating outside the EEA working for us or for one of our service providers.

OIG will only transfer Data outside the EEA in a secure manner and in accordance with applicable laws. As some countries may not have laws governing the use and transfer of Personal Data, we will take all reasonable steps to ensure that third parties receiving the data will comply with the data protection standards imposed by the GDPR. These measures may include the control of the standards applied by such third parties regarding Data protection and security and/or the execution of appropriate contracts (e.g. the standard contractual clauses adopted by the Commission of the European Union) or other appropriate safeguards, according to the provisions of Chapter V of the GDPR.

4.3           Is your Personal Data transferred to third parties?

We keep your Personal Data confidential. However, we may disclose your Personal Data where it is necessary to meet our own legal obligations or to liaise with third parties who are related to the recruitment process or the assessment of candidatures, notably :

• Recruitment agencies or providers of recruitment platforms;
• Service providers in charge of verification of employment references and/or education;
• Service providers performing tests and other assessment of the human capital, leadership or other kinds of assessment services connected to the job application;
• Service providers hosting our recruitment websites;
• Consultants offering professional advice on the recruitment process;
• Other external consultants (for example, lawyers, auditors, accountants, financial advisors and other types of consultants)
• Providers of IT services and software solutions, including for the purpose of ensuring system security and managing the company’s information and means of communication.

such third parties being subject to confidentiality and Personal Data protection requirements.

We may share your Personal Data with other Affiliates of the EssilorLuxottica Group.

EssilorLuxottica Group is a global organization with offices and operations throughout the world and your Personal Data may be shared with the Affiliates inside the Group, including when dealing with joint recruitment processes, reporting activities and internal administrative activities (for example, joint hiring processes on group infrastructure, joint management of information or project management, allocation and monitoring of the allocation of resources on projects) according to the group structure.

In these cases, your Personal Data may be accessed and/or transferred outside of the European Economic Area (EEA). In such circumstances, we ensure that, at all times, appropriate safeguards are implemented to guarantee that your Personal Data is processed in accordance with the applicable legislation, as mentioned above in Section 4.2. In this respect, where your Personal Data is processed by another EssilorLuxottica entity located in a country outside EAA, the safeguards are based on the commitments taken on the basis of a dedicated transfer agreement binding upon the Affiliate involved in the processing.

We may also transfer your Personal Data to third parties in the following cases:

• Based on your consent and if permitted by law;
• To public authorities if we have to disclose or share your Personal Data to comply with a legal obligation or a judicial or administrative decision, or for any other circumstances that you have agreed to;
• To other external consultants, service providers or bodies (e.g. lawyers, auditors, authorities) for the defense of the company’s rights in the context of litigation or to protect the rights, property or safety of OIG, its customers or employees;
• If we sell or intend to sell a business or assets (by any means, including by sale of the company carrying on that business or owning those assets), we may disclose your Personal Data to the purchaser of that business or assets and/or to potential purchasers for the purposes of a discovery process, an audit, of for the purpose of getting advice; or
• If OIG or any part of its assets is acquired by a third party, the Personal Data held in relation to the Candidates and linked to those assets will be one of the transferred assets. In this case, your Personal Data will be processed by the purchaser which will act as the new data controller and its data protection policy will then govern the processing of your Personal Data.

All transfers/ disclosures of data mentioned above are carried out in compliance with the principles related to the processing of personal data, in particular the principle of personal data minimization. OIG will share with the third parties indicated above only the personal data that is strictly necessary to achieve the stated purposes.

Within the framework of certain contractual relationships (e.g. joint projects with Affiliates), such third parties may act, from a data processing perspective, as independent data controllers or joint controllers with us. In these cases, the third parties will ensure the processing of the Candidate’s data according to their capacity as independent or joint controllers and observing their responsibilities in this regard, according to the law. OIG has implemented strict measures to select compliant partners with regard to the protection of personal data.

4.4           For how long do we retain your Personal Data?

OIG has set up an internal specialized talent team as its own internal recruitment agency, and we retain your CV Personal Data (name and surname, employment history and contact details, mainly) for the purposes of future prospection. We will retain your CV Personal Data on file for a period of up to 36 months after the completion of the recruitment process in which you were not selected for the available role, in order to contact you for any suitable employment opportunities.

We will keep records of our communications with you, including any documents you have submitted, as well as the results of any background checks carried out, for a period of 3 years from the completion of the recruitment process in which you were involved. This is necessary to maitain evidence of how the recruitment activities were carried out and to be able to respond to any potential requests or claims (including from public authorities or in the event of disputes).

We will also retain, for a period proportionate to the seriousness of the conduct, evidence of any inappropriate behavior by candidates (such as attempted fraud, submission of false documents or information, harassment of OIG staff, etc.). Such conduct may be taken into account in future recruitment processes or reported to the competent authorities.

If your application is successful, your Personal Data gathered during the recruitment process will be transferred to your personnel file (in hard copy or electronic format, or both), and on HR and payroll systems and retained in accordance with the storage periods set out in the Employee Privacy Notice which will be made available to you separately at the beginning of your employment.

Wherever practicable we will not retain original documents or print-outs and instead will make a note on our central HR and Payroll system that the relevant check or procedure has been completed.

5.    Automated decision-making

Our recruitment processes are not based solely on automated decision-making. When we set up recruitment questionnaires and other skills validation tests for job offers for specific business sectors or when we ask recruitment agency to process them on our behalf, we guarantee not to carry out a fully automated individual decision-making: the analysis of the answers and results to these questionnaires and tests always involves a human being who analyses the results in order to finalize the Candidate selection process.

6.    HOW DO WE PROTECT YOUR PERSONAL DATA?

OIG regards the protection of Personal Data as an essential priority.

In this respect, OIG has implemented appropriate measures and safeguards to protect the Personal Data it processes.

This is reflected in procedures described in the EssilorLuxottica Group Data Protection Policy, and in the actual measures implemented throughout the Group.

We implemented appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information according to our instructions and they are subject to a duty of confidentiality. These measures range from technical security measures that protect IT systems to the physical security measures in place at OIG sites. OIG also requires its staff to participate in information security trainings.

7.    YOUR RIGHTS

1. As a data subject, you have specific rights regarding the personal data we process about you. We will respect your rights and respond to your requests appropriately.

• Right to withdraw your consent: If you have given your consent for processing your personal data, you may withdraw your consent at any time.
  • Right of access: your right to obtain a confirmation that OIG is processing your personal data concerning and, if so, upon request, to obtain access to the data and to be provided with information about the data processing.
  • Right to rectification: your right to obtain, without undue delay, the rectification of inaccurate data concerning you or the update of personal data that is incomplete;
  • Right to delete data: You may request to delete the personal data we process about you. We must comply with this request if:
  • Personal data is no longer required for the purposes for which it has been collected;
  • You oppose processing for reasons related to your particular situation;
  • Personal data has been processed unlawfully;
  • Personal data must be deleted to comply with a legal obligation of the controller;
• unless data is required:
  • for the exercise of the right to free expression and information;
  • to comply with a legal obligation of the controller;
  • for purposes of archiving in the public interest, scientific or for historical studies or for statistical purposes; or
  • for the establishment, exercise or defense of legal claims.
  • Right to restrict processing: your right to obtain from OIG the restriction of data processing in any of the specific situations provided by Art. 18 of the GDPR.
  • Right to Data Portability: You have the right to receive your personal data that you have provided to us, that is processed based on your consent or contract performance, and, if technically feasible, request that we transmit your personal data (which you have provided) to another organization, as strictly stated by Art. 20 of the GDPR.
  • Right to opposition: Where processing is not based on your consent but on our legitimate interests or those of a third party, you may at any time object to the processing of your personal data for reasons related to your particular situation. When the Candidate opposes to such processing, OIG no longer processes personal data unless OIG demonstrates that it has legitimate and compelling reasons that justify the processing, and which prevail over the Candidate’s interests, rights and freedoms, or that the purpose is to establish, to exercise or defend a right of the company in court.
• Following receipt of the request, OIG will respond to the Candidate free of charge and without undue delay, within one month. In cases where the request is complex, this deadline may be extended by up to an additional two months.
• Right to lodge a complaint. If you have a complaint regarding the way we process your data, we would prefer you contact us directly to be able to resolve your issue. However, you can contact the National Supervisory Authority for Personal Data Processing through their website www.dataprotection.ro.

In order to exercise your rights, please contact:

dpo@opticalinvestment.ro