Effective Date: May 14, 2018
Unique Human Capital’s primary mission is to create value for our customers. This is done by providing qualified solutions within human capital services. We provide consultancy services and quality supervision within Executive Search, Search & Selection, Outplacement, and Assessment & Performance. Our capability to advise our customers rests first and foremost on knowledge and expertise acquired from our own experience within management and quality in Danish and international business. Quality, expertise, and credibility are the driving forces in everything we do for our customers, business partners, and Candidates.
This privacy statement explains how Unique Human Capital uses and protects any information that Candidates give Unique Human Capital. It explains how, to what extent, and for what purposes we are collecting and subsequently processing personal data and information.
We respect the privacy of our Candidates, and Unique Human Capital is committed to protecting personal data and information according to the applicable law. By giving Unique Human Capital personal information, the Candidate can be assured that it will only be used in accordance with this privacy statement.
1.1. This policy applies where Unique Human Capital is acting as a data controller with respect to the personal data submitted to us; in other words, where we determine the purposes and means of the processing of that personal data.
In addition to terms defined elsewhere in this policy, the following terms have the following meaning throughout this policy:
“Personal Information/Candidate Information” means any information that either personally identifies a person or relates to an identifiable person, i.e someone who can be identified, directly or indirectly, in particular, by reference to an identifier e.g. such as a name, identification number or something that constitutes individually indentifiable information about an individual collected by us and that we maintain in an accessible form.
Examples of Personal Information include your contact details such as your name, email address, birthday, or phone number as well as information about your professional education and experience, skills, etc.
“Processing” (and variations such as “Process”) means any operation or set of operations which is perfomed on Personal Information or on sets of Personal Information, whether or not by automated means, such as the collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, restriction, erasure or destruction.
“Sensitive Personal Information” means Personal Information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the Processing of genetic data, biometric data for the purpose of uniquely identifying a person, data concerning health or data concerning a person’s sex life or sexual orientation cf. Regulation (EU) 2016/679 of the European Parliament and of the Council Article 51 and of Directive 95/46/EC of the European Parliament and of the Council Article 9(1) of the General Data Protection Regulation (GDPR).
Disclaimer: In accordance with current national and European law, Unique Human Capital does not wish to receive Sensitive Personal Information from any Candidate and as such, we strongly encourage Candidates to refrain from sharing any Sensitive Personal Information with us.
3. Processing of Candidate Information
We may collect the following information about Candidates:
Purpose of Processing and Legitimate Interest
We require Candidate Information in order to fulfill the terms of our Client Services. We may share a Candidate’s Personal Information by means of Processing i.e. in order to find the best suited Candidate for a given position, we may share a Candidate’s Personal Information as described above with our Client.
We have entered agreements with all of our Clients that they may not share Candidate Information with third parties and that all material delivered to our Clients in regard to the Personal Information of Candidates is to be treated in confidentiality and in accordance with national and European GDRP rules and regulations.
Article 10 of Directive 95/46/EC of the European Parliament and of the Council provides that:
Member states shall provide the controller or his representative must provide a data subject from whom data relating to himself are collected with at least the following information, except where he already has it:…(b) the purposes of the processing for which the data are intended; (c) any further information such as (1) the recipients or categories of recipients of the data…(3) the existence of the right of access to and the right to rectify the data concerning him in so far as such information is necessary, having regard to the specific circumstances in which the data are collected, to guarantee fair processing in respect of the data subject.
Article 13(1) of the General Data Protection Regulation (GDPR) provides that:
Processing and Consent
There are different means by which you can have contact with our recruitment system (The below is not an exhaustive list):
In both Search and Selection, providing any Candidate Information is purely voluntary on the Candidate’s part. Although it is generally true that, the more information a Candidate shares with us, the better we are able to assess the Candidate’s potential suitability for an open position, we urge Candidates to NOT disclose to us any Candidate Information that is likely of little or no relevance or may not even be legally considered as part of common hiring processes. This applies, in particular, to Sensitive Personal Information. We, therefore, strongly encourage you not to share any Sensitive Personal Information with us.
If and to the extent a Candidate shares Candidate Information with us, or by voluntarily sending us e.g. a resume through e-mail, we might follow up with the Candidate using the contact information provided in order to clarify any questions we might have or obtain complimentary information from the Candidate. In addition, we might conduct assessments of the Candidate’s professional profile and perform searches for information on the Candidate’s personal and professional life publicly available via social media services (e.g. Facebook, Google, LinkedIn, Twitter, etc.) on the internet or within data the Candidate has previously disclosed to us, provided that such information might be of importance to the Candidate’s qualifications for a particular position. Any recruiting information will be considered Candidate Information and be Processed as described below along with the Candidate Information the Candidate initially provided us with through the Site or by e-mail.
Candidate Information will mainly be Processed by and on behalf of Unique Human Capital. However, depending on how and where the Client Services need to be performed in the individual case, Candidate Information might, in addition, be Processed by our Client.
Candidate Information Processed by Unique Human Capital and/or Client might contain (a) contact details (name, address, phone number, email address, etc.), (b) biographical data, (c) information on the Candidate’s professional education, and (d) educational credentials, professional diplomas, and certificates. In addition, it may contain (e) employment and compensation history, (f) data on the Candidates suitability for client opportunities we compile as part of our assessments of the Candidate’s professional profile, (g) information of the Candidate’s personal and professional life publicly available via social media services (e.g. Facebook, Google, LinkedIn, Twitter, etc.) or otherwise on the internet that might be of importance to the Candidate’s qualification for a particular position, and (h) any Sensitive Personal Information the Candidate might choose to disclose to us.
We strongly encourage Candidates to refrain from sharing Sensitive Information with us.
As part of the Client Services, Candidate Information may be Processed for the purpose of (a) executing searches for potential Candidates on behalf of clients that have an opening for a Specialist, Manager, or Executive or similar management position, (b) assessing suitability for client opportunities, (c) informing Candidates of open positions suitable for them, (d) introducing a Candidate to clients as a Candidate and potential future member of their organization, and of (e) verifying the Candidate’s educational credentials, professional diplomas, and certificates. In addition, Candidate Information may be Processed for the purposes of (f) performing searches for information on the Candidate’s personal and professional life publicly available on social media services (e.g. Facebook, Google, LinkedIn, Twitter, etc.) on the internet or within data the Candidate has previously disclosed to us, provided that such information might be of importance to the Candidate’s qualification for a particular position, (g) providing integration service on behalf of a client the Candidate has been placed with by monitoring the Candidate’s integration with the client, speaking with all parties involved and lending support for the Candidate to reach full effectiveness in his/her new role as soon as possible, (h) approaching the Candidate, after he/she has been placed with a client, as a client contact for the placement of other Candidates for third-party clients, (i) ensuring that, after the Candidate’s placement with a client, the Candidate will not be recruited on behalf of another client unless the Candidate request consideration for other opportunities, and of (j) operating the databases Candidate Information is stored in.
Your Candidate Information will be shared with third-parties as follows:
When sharing Personal Information with Unique Human Capital, you explicitly consent to the Processing of your Candidate Information, including any Sensitive Personal Information you might choose to disclose to us, as described above. This includes, without limitation, the transfer of your Candidate Information, or parts thereof, to countries not providing an adequate level of protection of personal data. You acknowledge that you are under no obligation to provide your consent and that, if you choose to do so, nonetheless, you may revoke your declaration of consent at any time with future effect by using the following contact details: email@example.com
5. Retaining Candidate Information
We will retain your Candidate Information as follows:
After the maximum period of storage has been reached, you will be contacted in order to establish if you desire that we keep your Candidate Information for a period of time.
6. Cookies and Third-Party Services
7. Data Security
Protecting your Personal Information is important to us. We use several different appropriate technical and organizational measures and safeguards designed to help prevent unauthorized access, unlawful Processing, and unauthorized or accidental loss of your Personal Information.
8. Right to Information, Correction of Submitted Data, “Right to be Forgotten”, and Withdrawal of Consent
Subject to the applicable laws, the Candidate has the right to confirmation as to whether or not we Process the Candidate’s Personal Information and, where we do, have access to the Personal Information, along with certain additional information. The Candidate has the right to obtain information about his/her Processed Personal Information.
At any time, a Candidate has the right to correct or withdraw the Candidate Information he/she has provided to Unique Human Capital. In order to correct Candidate Information please contact firstname.lastname@example.org.
In some cases, the Candidate has right to erasure of his/her Personal Information without undue delay – “The Right to Be Forgotten”. Those circumstances include: The Personal Information that are no longer necessary in relation to the purposes for which they were collected or otherwise Processed; the Candidate withdraws consent to consent-based Processing; the Candidate objects to the Processing under certain rules of applicable data protection law, and; the Personal Information has been unlawfully Processed.
However, there are exclusions to the right of erasure. The general exclusions include where Processing is necessary: for exercising the right of freedom of expression and information, for compliance with a legal obligation; or for the establishment, exercise, or defence of legal claims.
In these cases, Unique Human Capital preserves the right to keep minimal information about the Candidate, to ensure that the Candidate will not be contacted later on if he/she specifically declines further contact. Naturally, we respect the Candidates wishes, and to be able to honor those wishes, it is necessary that the minimal information we keep includes the Candidate’s name and link to the Candidate’s LinkedIn profile for a unique recognition of the Candidate.
To make a request for erasure, please use the following contact details: email@example.com.
The Candidate has the right to withdraw his/her consent to Processing. In order to withdraw consent, please use the following contact details: firstname.lastname@example.org.
9. Amendments to this policy
From time to time we may change our business activities and/or our policies and procedures with respect to the Processing of Personal Information/Candidate Information. Where appropriate in these cases, we will, subject to applicable law, revise, supplement, or replace this Policy. When the Policy changes, we will post the substitute version and change the effective date listed at the beginning of this Policy.
When required by applicable law, however, we may provide you with advance notice of any changes to this Policy and with an opportunity to object to such changes. If you exercise your right to object, the changes will not become effective with respect to your Personal Information, but your ability to use our Services may be terminated or impaired. We will explicitly notify you of the consequence of the objection to the extent and in the manner required by law.
10. How to contact Unique Human Capital
We encourage your questions and comments about the Policy and our privacy practices. Please contact us using the information below, and we will respond to you as soon as possible:
Unique Human Capital
Stamholmen 157, 1
11. How to contact Datatilsynet (The Danish Data Protection Agency)
Borgergade 28, 5
1300 København K
Phone: +45 33 19 32 00