1.Personal data protection 

Enery Development GmbH, a company incorporated under the laws of Austria, registered Schwarzenbergplatz 5/4.1, 1030 Vienna, registration number FN 515242 i and its subsidiaries (“We”, “Us”, the “Company”) are strongly committed to the protection and respect of your privacy and personal data. 

This document states the general provisions based on which we, in our capacity of data controller, process personal data in connection with an internal personnel recruitment campaign (“Campaign”). This document is relevant for you if you are applying for a job at Enery Development GmbH or one of its subsidiaries in Slovakia, Czech Republic and Bulgaria. Please take time to get acquainted with the information below and if you have any questions, contact us at legal@enery.energy.

2.Why do we process your personal data? 

We process your personal data for your purposes: 

1. Personnel selection. When you apply for a job with us, you need to provide us with some information about you so that we are able to decide whether you meet our requirements for the respective position and whether you are suitable applicant for it. Your personal data will be processed on the grounds of the steps taken at your request before conclusion of an employment agreement with us and our legitimate interest to make the selection of our personnel. The provision of your personal data as specified in the job advertisement is a mandatory condition for participation in the Campaign. If you do not provide us with any of the requested categories of personal data, this could prevent us from analysing your application in consideration of the requirements for the respective position, as a result of which we can decide that you are not suitable for it. If you have provided us more personal data than specified in the job advertisement, please note that we will not process those categories of personal data outside their retention as a part of the documents you have submitted with your application.  

If you do not apply for a job advertisement, we will process the personal data you have submitted, to the extent necessary for the purposes of the respective Campaign. Your personal data thus submitted will be stored by us for a period of two years of their receipt. Their processing is required for contacting you within the Campaign under a job advertisement. Processing is made in view of our legitimate interest to effectively manage our business, and in particular the selection of human resources, as well as in consideration of your interest in starting work with us. 

When you apply under a job advertisement published in our profile in the professional social network LinkedIn, we will process both the personal data expressly provided for you under the application and the categories of personal data publicly announced in your profile and necessary for the purposes of the Campaign. These personal data categories include: completed education, specialty, qualification, qualification, professional experience in the specialty and skills (where required for the respective position). As far as the information in LinkedIn is professionally oriented, it is possible to process the publicly announced data in your profile also in the cases when you have applied through that platform. 

2.Future selection of non-approved applicants. The personal data you have provided in the selection process shall be stored by us for a period of two years, as of the end of the Campaign you have applied for in case you provided your express consent for such processing. Processing thereof is necessary for contacting non-approved applicants within a future Campaign under a new job advertisement.  

In extraordinary circumstances we could be required to review your personal data stored in our systems for the purposes of regulatory compliance and in consideration of our legitimate interest in the protection of our business. This could include for example checks for the purposes of disclosure of information and/or checks of documentation in connection with proceedings before competent public authorities, as well as for our defence against possible legal claims, as well as for ascertainment and exercise of our legal rights. To the extent possible under the applicable legislation, such checks will be performed in a justified and proportional manner and will be subject to approval by our management on an appropriate hierarchical level.  

We will process your personal data only to the extent necessary so that we are able to attain the above purposes and only when we have made the conclusion that the processing on our behalf does not violate privacy in a way that would take precedence over our legitimate interest in the achievement of the respective purposes. In the processing of your personal data we do not apply automated decision-making (free of human intervention).

3.To whom will we provide your personal data? 

We could have received your personal data through a company involved in personnel selection which is processing personal data entirely on our assignment and on our behalf (data processors) or which is processing personal data in the capacity of data controller. In both cases we will have received your data based on a contract whereby sufficient guarantees are provided for protection of your rights and legitimate interests. If you want to receive additional information regarding the processing of personal data by such persons, we invite you to contact us in any of the ways specified below (‘Contact us’ section). In the particular situation such person has acted as an independent data controller, we will provide you with its contact details and direct you to their personal data protection policies. 

If you are applying for a job through a website, please note that the person administering the respective website is also a data processor, as far as it provides us with access to the respective platform for publishing job advertisements. Such websites are, for example Jobs.bg, LinkedIn, etc. If such person performs personal data processing (for own purposes) which is beyond our control, this would mean that it acts as an independent data controller. This would be the case, for example career centres with universities., if the website allows for creation of user profiles existing independently from our Procedures. We recommend you check for additional information on the respective website or refer directly to the person administering it, in order to understand additional details and whether that person processes your personal data beyond our assignment and control.  

Provision of your personal data to other data processors or administrators assisting us in the achievement of the above purposes, e.g. providers of IT or other services, consultants, etc. is possible. 

In extraordinary circumstances we might provide your personal data:

• to a person which is to acquire our business and assets or respective parts thereof;  

• to competent public authorities in proceedings referred thereto, or  
• to another person when this is required from us under the law.

4.How long will we keep your personal data?

We follow the principle that personal data have to be kept for a period not exceeding the time necessary for achievement of the respective purposes, but not longer than six months after the end of the process of selection, except if we have your express consent to keep your data for up to two years for future selection of non-approved applicant as described in the paragraph II.2. of the present Policy.  

In extraordinary circumstances if we are so required under the law and/or if allowed for under the applicable legislation, we could retain your personal data for a longer period.

5.What are your rights with respect to your personal data?

You have the following rights under the personal data protection legislation:  

a.Right of access 

You have the right, based on a written request sent to our contact addresses below, to receive from us a confirmation as to whether your personal data are processed, and if so to receive a copy of your personal data undergoing processing by us, as well as information related to the processing. Please note that your right to access is not absolute, to the extent that it is restricted by the rights and freedoms of others. For additional copies you have requested we can impose a reasonable fee in view of our administrative expenses. 

b.Right to rectification 

You have the right to ask us to rectify your personal data which are incorrect and to complete your personal data which are incomplete.  

c.Right to erasure (right “to be forgotten”) 

In some cases, you could have the right, based on a written request sent to our contact addresses below, to ask us to erase your personal data. Such will for example be the cases where: the personal data are no longer necessary for the purposes they have been collected; if the personal data have been unlawfully processed; if you exercise your right to objection, etc.  

d.Right to restriction of processing 

In some cases, you could have the right, based on a written request sent to our contact addresses below, to ask us to restrict the processing of your personal data, e.g. if you want to identify the correctness or reason for their processing. Restricted processing is usually limited to merely retaining your personal data while all other processing is suspended. 

e.Right to complaint 

If you believe that we have violated the applicable personal data protection legislation in the processing of your personal data, you have the right to file a complaint to the respective Commission for Personal Data Protection.  

Please note that in certain cases your rights are restricted – for example if we prove that we have a legal reason to process your personal data, these rights may be inapplicable.  

We could be required to demand additional information from you in connection to your request, so that we are able to confirm your identity and that you have the respective right. This is an additional security measure to ensure that your personal data will not be disclosed to third parties who/which are not authorized to receive them, as well as in order to be able to process your request in a timely manner. 

We will perform the actions related to satisfaction of your abovementioned rights free of charge, unless your requests are clearly ungrounded or excessive, in particular due to their repeatability –in such cases we can impose a reasonable fee, in view of our administrative expenses or refuse to take action with respect to your request.

6.Do you have the right to object to the processing of your personal data?

You have the right to object if the processing of your personal data is only based on our legitimate interest, and in view of your particular situation you believe that we should suspend the processing on that legal basis. In those cases, you have the right to object to such processing and we are therefore obliged to stop it, unless we prove the existence of compelling legal bases for processing which take precedence over your interests, rights and freedoms, or for ascertainment, exercise or defence of legal claims. 

7.How can you exercise your rights? 

To exercise your rights relating to our processing of your personal data, please contact us in any of the ways specified below (‘Contact us’ section). We will respond to your comments, questions and requests within one month of their receipt. If necessary, this term might be extended by another two months, in consideration of the complexity and number of the requests, of which you will be informed within the initial term of one month.  

8.How do we protect your personal data? 

We are seriously committed to the protection of your personal data. We undertake appropriate technical and organizational measures to ensure the compliance with the legal provisions for personal data protection.  

We have adopted the necessary internal policies and taken measures for the protection of your personal data in the design stage (privacy by design). Our employees are well acquainted with the requirements regarding your personal data protection. Processing of your personal data is limited to the minimum necessary for achievement of the particular purposes. We have introduced multiple measures for effective implementation of the principles for data protection, including but not limited to:

• pseudonymization of personal data, where possible, in consideration of the purposes of processing; 
• the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services; 
• the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident; 

• an internal process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing; 
• measures which allow for immediate identification of a breach of personal data and timely notification of the Commission for Protection of Personal Data and the affected individuals; 
• technical and organizational measures for prevention of accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data. 

9.Contact us

We are welcoming any questions, comments and requests regarding our processing of your personal data. We kindly ask you to send them to the attention of our Legal Counsel, at address: Enery Development GmbH, Schwarzenbergplatz 5/4.1, 1030 Vienna, Austria or by email to legal@enery.energy.