NOTICE REGARDING THE PROCESSING OF PERSONAL DATA OF CANDIDATES
1. Who We Are
Daikin Manufacturing Poland Sp z o.o ("Daikin" or “we”), with its registered office at Gdańska Street 77A/3 90-613 Łódź, is the Data Controller of your personal data. We are informing employees of entities within our group about how we process your personal data as part of the human resources management process, in accordance with Article 13 of the European Regulation 2016/679 on the protection of personal data ("Regulation" or "GDPR"), ustawa o ochronie danych osobowych (t.j. Dz. U 2019 poz 1781 ze zmianami) , and its subsequent amendments and integrations.
2. Categories of Processed Data and Purposes
Within the selection process, Daikin and authorized third parties may process the following categories of personal data:
- Personal identification data (name, surname, place and date of birth, nationality, and address)
- Identification data (fiscal)
- Contact data (email, telephone, mobile)
- Personal data of your family members, for example, marital status, family composition, their personal data, etc.
- Data related to education, professional situation, career, role in the company, for example, educational qualifications, previous work experience, promotions, performance, etc.
Sensitive Data
Daikin and authorized third parties process a limited amount of "sensitive" data for the purposes indicated below:
- Membership in protected categories (special data pursuant to Article 9 GDPR): Daikin, as the Data Controller, will only process personal data related to employment status under Law Kodeks Pracy z 26 czerwca 1974 (t. j. Dz. U. 2023. poz. 1465 ze zmianami).
- Information from the judicial record and pending charges of the Worker, provided directly by the candidate and managed within the limits set by current regulations, as well as data related to any criminal convictions or offenses committed in the course of employment or the assigned task – where permitted by applicable law for specific roles, as relevant and appropriate for work-related purposes.
As with other personal data, the processing of sensitive data adheres to principles of necessity and lawfulness. This is done by informing individuals in advance and seeking consent if not relying on other equivalent consent grounds. Please do not provide additional sensitive data unless explicitly requested to do so (data revealing racial or ethnic origin, religious, philosophical, or other beliefs, political opinions, party, union, association memberships, as well as personal data revealing health and sexual life). Any sensitive data provided will be immediately deleted unless accompanied by a written declaration of consent to processing by Daikin after reviewing this information.
The data you provide will be processed through both manual and automated storage methods (the latter using appropriate IT and electronic tools) solely for the purpose of conducting an objective and qualified assessment of your application in relation to the role for which a selection process is underway. The data may also be processed after the selection process for which they were provided, in new selection procedures for similar roles, subject to the data retention period outlined in Section 7.
3. Legal Basis for Processing
We will not process your Personal Data unless required or justified by law for that specific purpose. For this reason, we will only process your Personal Data if:
- We have obtained your prior consent;
- The processing is necessary to fulfil our obligations to you;
- The processing is necessary to fulfil legal or regulatory obligations;
- The processing is necessary to protect your interests or fundamental rights or those of others; or
- The processing is necessary to pursue our legitimate interests without harming your interests, fundamental rights, or freedom. Please note that when we process your Personal Data based on this criterion, we always aim to strike a balance between our legitimate interests and your privacy.
While providing your data is voluntary, failure to do so will make it impossible for Daikin to consider your application in a selection procedure.
4. Sharing and Transfer of Personal Data
Data collected by Daikin will only be shared for the purposes mentioned above. We will not share or transfer your personal data to third parties other than those indicated in this Privacy Notice. During our activities and solely for the same purposes as listed in this Privacy Notice, your personal data may be transferred to the following categories of recipients:
- Company personnel (including direct and indirect superiors of the Worker, HR personnel, and in some cases, certain colleagues as part of their job duties)
- Other companies within the Daikin group, as data processors, where necessary for purposes such as global processes, group communications, or personnel planning
- External figures collaborating with the company
- Any public and/or private entity to whom communication of your personal data is necessary in relation to your recruitment and solely for that purpose
- Service providers, e.g., payroll providers, IT system providers, cloud service providers, database providers, and consultants
- Insurance companies, banks, public entities acting as data processors, for which you should refer to their privacy notices and policies regarding how they use your personal data.
The updated list of Data Processors is available at the Data Controller's registered office and will be provided upon written request.
5. Transfers to Non-EU Countries
Daikin may need to transfer your personal data to countries located outside the European Union/European Economic Area (EEA), referred to as "third countries." Such transfers to third countries may encompass all processing activities described in Chapter 3 above. This Privacy Notice also applies to transfers of data to third countries where the level of data protection differs from that of the European Union. In particular, international transfers of data may occur under the following circumstances:
- Group Companies: Group companies located outside the European Union have entered into data protection agreements using standard contractual clauses in line with standards set by the European Commission to protect privacy and legitimize international data transfers.
- Other Third Parties outside the European Union/EEA: Any transfer of personal data to third parties will only occur after informing you and, if required, obtaining your consent. Any transfer of data to countries other than those for which the European Commission has issued an adequacy decision will be based on agreements using standard contractual clauses adopted by the European Commission or other adequate safeguards in compliance with applicable laws.
You can request further information regarding international transfers of personal data and obtain a copy of the appropriate safeguards in place by exercising your rights as outlined in Section 8 below.
6. Security of Personal Data
Daikin has implemented appropriate technical and organizational measures to provide an adequate level of security and confidentiality for personal data. These measures consider:
(i) the state of the art of technology;
(ii) the costs of implementation;
(iii) the nature of the data; and
(iv) the risks of processing.
The purpose is to protect your personal data from accidental or unlawful destruction or alteration, accidental loss, unauthorized disclosure, unauthorized access, and other forms of unlawful processing. Furthermore, when managing your personal data, Daikin:
• collects and processes personal data that are adequate, relevant, and not excessive, as required to fulfill the purposes mentioned above; and
• ensures that such personal data remain updated and accurate.
7. Personal Data Retention Period
DENV-G is committed to deleting personal data belonging to candidates who are not hired at the end of the selection process after 2 years from the communication of the negative outcome of the selection, unless candidates, following said communication, expressly request the immediate deletion of their personal data.
For more information about the retention period of personal data concerning data subjects, including Worker data, please refer to the Record Retention Schedule – Poland.
8. Your Rights
The rights related to the personal data processed by Daikin are as follows:
- Right of Access: You can ask Daikin for information about the personal data stored concerning you, including information on the categories of personal data Daikin possesses or controls, the purpose for which they are used, where they have been collected (if not directly from you), and to whom they may have been communicated.
- Right to Rectification: You can obtain from Daikin the rectification of the personal data concerning you or communicated by you. Daikin makes reasonable efforts to ensure that the personal data it holds are accurate, complete, up-to-date, and relevant, based on the most recent information available.
- Right to Erasure: You can obtain from Daikin the erasure of your personal data if:
• The personal data are no longer necessary for the purposes for which they were collected or otherwise processed;
• You have the right to object to further processing of your personal data and you exercise this right to object;
• The personal data have been processed unlawfully; unless processing is necessary in terms of legal obligations, law, or to establish, exercise, or defend a legal claim.
- Right to Restriction: You can obtain restriction of processing of your personal data if:
• You contest the accuracy of your personal data during the period when Daikin must verify their accuracy;
• The processing is unlawful or the data is no longer needed for the purposes of processing, but you require it for the establishment, exercise, or defense of legal claims.
- Right to Data Portability: Upon your request, Daikin will transfer your personal data to another data controller, if technically feasible, provided that the processing is based on your consent or is necessary for the execution of a contract.
- Right of Objection: You have the right to object to the processing of your personal data at any time, provided that the processing is not based on your consent but on the legitimate interests of Daikin or third parties. In such cases, Daikin will no longer process your personal data unless compelling and legitimate reasons can be demonstrated that override your interests, rights, or freedoms, or for the establishment, exercise, or defense of legal claims. If you object to the processing, please specify whether you wish to delete your personal data or restrict its processing.
- Right to Lodge a Complaint: If you believe that there has been a violation of applicable privacy laws, you have the right to lodge a complaint with the UODO – Urząd ochrony danych osobowych o or the location where the alleged violation occurred.
To exercise the aforementioned rights, you can contact the Data Controller at dpc@daikineurope.com. Please note that pursuant to Article 14(3) of the GDPR, the Data Controller provides the information referred to in paragraphs 1 and 2 of Article 14 GDPR: a) within a reasonable period from the collection of personal data, but no later than one month, considering the specific circumstances in which personal data is processed; b) in case personal data is intended for communication with the data subject, no later than at the time of the first communication with the data subject; or c) in case communication to another recipient is foreseen, no later than the first communication of personal data.
To exercise the rights pursuant to Articles 15 and following of the Regulation, you may address the Data Controller Daikin Manufacturing Poland Sp z o.o., with registered office in Łódź, ul. Gdańska 77A/3, Email dpc@daikineurope.com.
9. Data Protection Officer
The Global Data Protection Officer responsible for compliance by Daikin in the European area with data protection regulations is Ren Caoqin.
The Data Subject can securely and confidentially contact the Data Protection Officer or their offices at any time if they have general questions regarding the processing of their personal data or for any matter related to data protection, using the following:
• Email address: euprivacy@daikin.co.jp
• Data Protection Officer, Umeda Center Bldg., 2-4-12, Nakazaki-Nishi, Kita-ku, Osaka 530-8323, Japan.