Candidate’s Personal Data Privacy Note

This candidate’s personal data processing policy (Policy) applies to RB Rail AS, reg. No. 40103845025, legal address: Satekles street 2B, Rīga, Latvia, LV – 1050 (Employer) and a natural person who has applied for the vacancy announced by the Employer (Candidate). The Employer processes the Candidate’s personal data in order to assess the Candidate’s compliance with the requirements set by the Employer.

The purpose of the Candidate’s personal data processing policy is to inform the Candidate about the Candidate’s personal data processing and to determine the legal basis for personal data processing based on Article 13 of Regulation (EU) 2016/679 (General Data Protection Regulation). the opportunity to express his consent to the processing of his personal data in cases where the legal basis for their processing is the consent of the Candidate. 

Data Controller and its contact information

The Employer informs that with regard to the processing of the Candidate’s personal data, the Employer is considered to be the Data controller of personal data within the meaning of the General Data Protection Regulation.

Contact information of the employer on personal data processing issues:
Address: Satekles Street 2b, Riga, Latvia, LV-1050;
Email address: info@railbaltica.org

Personal data

Personal data is any information about an identified or identifiable natural person, in this case the Candidate. The Employer shall process the personal data of the candidate only to the extent that is reasonably necessary, observing the requirements of the applicable regulatory
enactments. 

The employer may process the following categories of personal data, for example:

Identification data: name, surname, personal identification code, passport or identity card (ID card) number;
Contact information: address, e-mail, phone;
Qualifying data: education, work experience, CV and information included in the application;
Recommendations: identity and contact information of the current or former employer’s representative, content of the reference;
Data created during the recruitment process: tests, assignments, interviews and information obtained during them;
Criminal record: information on the Criminal record of the Candidate, which is required in accordance with the regulatory enactments and legitimate interests binding on the Employer;
Reputation: Information characterizing the Candidate and information about the Candidate’s previous activities, which are required in accordance with the laws and regulations binding on the Employer and legitimate interests;
Bank account: if a job offer is made to the Candidate, a bank account for preparation of the employment contract and transfer of salary;
Video recording: Video surveillance is performed at the employer’s premises;
Other data: all other data submitted by the Candidate at his / her discretion in the selection process.

In cases when the Candidate submits personal data that is not necessary and / or not in accordance with the selection process (for example, religious beliefs), the Employer deletes / obscures them as much as possible, etc.

We ask you not to provide personal data that is not necessary for the selection process, such as information on race, color, disability, pregnancy and marital status, information on religious, political or other beliefs, information on national or social origin, property or family
status, sexual orientation. orientation or other circumstances.

The Employer has the right to request the Candidate to submit a Criminal Record statement on the Candidate’s criminal record for the last 12 months, as well as to investigate publicly available information (SIA “Lursoft IT”, SRS EDS, SIA “Creditreform Latvija”, SIA “Paus Konsults” and other databases) and to obtain feedback on the Candidate in order to conduct a study of the Candidate’s reputation.

Purpose Personal Data Legal Basis
Selection Identification data,
contact information,
qualification data,
recommendations, data
generated during the
selection process, other
data
Consent:
The candidate sends the
application and CV
Evaluate the
Candidate and
his/her compliance
with the criteria set
by the Employer
Identification data,
contact information,
qualification data,
recommendations, data
generated during the
selection process, other
data
Legitimate interests of
the Employer, such as
selection of the most
suitable candidates to
ensure effective
operation
Communication with
the Candidate
Contact information Consent:
The candidate sends the
application
Preparation of
Employment
Agreement
Identification data,
contact information,
bank account
Conclusion of a
contract and fulfillment
of legal obligations in
accordance with the
Labor Law
Comply with the
requirements of
regulatory enactments,
with regard to
employees, members of
the board and
supervisory board
Personal data specified
in legal acts, for
example, criminal
record
Employer’s legitimate
interests and fulfillment
of legal obligations
To ensure a safe
environment and protect
your real estate, video
surveillance is
performed at the
employer’s premises
Video recording Employer’s legitimate
interests – physical
security management,
event investigation,
vital interests – security
in the work
environment

Recipients of personal data
The Employer may transfer the Candidate’s personal data to a third party that provides the Candidate’s testing, evaluation, research and other personnel selection services; to the Candidate’s former employers to obtain information about the Candidate’s previous activities,
Candidate’s professional and social competencies; and in cases provided by law also law enforcement authorities, such as the State Police, national security authorities.

Transfer of data to third countries

The Employer will not transfer the Candidate’s personal data outside the European Union without a legal basis.

Data sources

Sources of personal data:

• The candidate independently submits his / her personal data to the Employer, such as CV, application letter or e-mail;
• Feedback on the Candidate from previous employers with prior agreement with the Candidate;
• Information on social networks, such as LinkedIn, about the Candidate’s business and employment goals;
• Recruitment companies;
• Publicly available databases, social networks and other news sources;
• Law enforcement agencies.

Term of storage of personal data

Personal data is stored until:

• to achieve the specified processing purpose;
• to the extent that the regulatory framework imposes an obligation on the Employer to process and / or store such data;
• If processing is based on consent, personal data are processed for as long as the consent given
is valid and not revoked.

The Employer keeps the Candidate’s personal data for 6 months after closing the respective
vacancy.

After the establishment of employment or other civil law relations, the Candidate’s personal
data may be stored for a longer period of time and the employer’s internal regulations and the
requirements of external regulatory enactments shall apply to their processing. For instance:

• in accordance with the Cabinet of Ministers Regulations of 13 November 2018 No. 690  “Regulations on documents certifying the course of work or service of a person and education, which have archival value, and the terms of their storage” documents on the establishment, amendment and termination of employment relations termination), the documents equated to them and their registers, which are necessary for the administration of legal employment relations, shall be kept for a period of 75 years;

• in accordance with the Accounting Law justification documents for employees calculated monthly salary (wages) with a breakdown by years and months, the retention period is 10 years.

Security of personal data

The Employer shall ensure, constantly review and improve security measures to protect the Candidate’s personal data from unauthorized access, accidental loss, disclosure or destruction.  To implement this, the Employer uses modern technologies, technical and organizational
requirements, including the use of firewalls, antivirus programs, data encryption.

In the event of a Candidate’s personal data security incident, if it poses the highest possible risk to the Candidate’s rights and freedoms, the Employer will immediately notify the Candidate, if possible, whether the information will be published on the Employer’s Internet site or otherwise.

Which laws and regulations are applicable?

The following regulatory enactments are applicable to the selection of a Candidate:

• General Data Protection Regulation;
• Law on the processing of physical personal data;
• various special legal norms (for example, Labor Law, etc.).

Candidate ‘s rights

The regulatory framework in the field of data protection gives the Candidate several rights to influence the processing of the Candidate’s personal data. In order to exercise this right, the Candidate must:

• submit a written application to the Employer in person, presenting an identity document (passport or identity card (ID card)) to the Employer or;
• send an application signed with a secure electronic signature to info@railbaltica.org.

After receiving the application, the Employer identifies the Candidate, i.e. makes sure that the Candidate is the same person as the person pretending to be, and provides the Candidate with an answer within one month.

The candidate has all the rights guaranteed by the General Data Protection Regulation, such as:

• the right to access and process information about your personal data;
• the right to request the correction of incorrect, inaccurate or incomplete personal data, to restrict their processing;
• the right to be forgotten;
• the right to data portability;
• the right to file a complaint with the Data State Inspectorate
(http://www.dvi.gov.lv/lv/funkcijas/kontaktinformacija/);
• the right to withdraw consent. The candidate has the right to withdraw his or her consent to the processing of his or her personal data if the basis for the processing of personal data is consent. To revoke the consent, the Candidate may use the contact information of the
Employer provided in this Notice. If the Candidate withdraws his / her consent to the processing of his / her personal data necessary to assess the Candidate’s compliance with the requirements of the advertised vacancy and the Employer’s recruitment criteria, this may
affect the Candidate’s evaluation results and the Employer will not be liable for such consequences.

Further information is available in the General Data Protection Regulation, which can be found online at: https://eur-lex.europa.eu/eli/reg/2016/679/oj

The employer has the right to make additions to this Policy by publishing the current version on its website.