IELS Malta Job Applicant Privacy Policy

Last Modified:  20th August 2018

This Privacy Policy sets out the way in which IELS Ltd (“we” or “us”), collects and processes Personal Information relating to job applicants, as well as the steps we take to protect such information. We take data privacy seriously and are committed to managing your personal data professionally and in compliance with Applicable Data Protection and Privacy Laws. This policy is made compliant with the General Data Protection Regulation (the “GDPR”), (Regulation (EU) 2016/679).

1. Introduction

1.1. As part of the recruitment process, IELS Ltd collects and processes personal data relating to job applicants. The organisation is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations.

1.2. This privacy policy is based on the following data protection principles:

  • The processing of personal data shall take place in a lawful, fair and transparent way;
  • The collection of personal data shall only be performed for specified, explicit and legitimate purposes and will not be further processed in a manner that is incompatible with those purposes;
  • The collection of personal data shall be adequate, relevant and limited to what is necessary in relation to the purpose for which they are processed;
  • The personal data shall be accurate and where necessary, kept up to date;
  • Every reasonable step shall be taken to ensure that personal data that is inaccurate having regard to the purposes for which they are processed, is erased or rectified without delay;
  • Personal data shall be kept in a form which permits identification of the data subject for no longer than it is necessary for the purpose for which the personal data is processed;
  • All personal data shall be kept confidential and stored in a manner that ensures appropriate security.

1.3. By submitting your personal data, you shall:

  • declare that you have read, understood and accepted this Privacy Notice;
  • declare that the information given is complete and true to the best of your knowledge, and understand that incorrect statements could lead to your application being rejected;
  • declare that consent was obtained from any third party whose details are included in the information provided;
  • authorise us to verify statements contained in this application and to make any necessary checks.

1.4. Any false statement, misrepresentation or concealment of material fact within the application and/or any document presented in support of this application may be grounds for criminal prosecution.

2. What information do we collect?

2.1. We collect the following information:

  • your name, address and contact details: including email address, telephone number and nationality;
  • details of your qualifications, skills, experience and employment history;
  • referral source;
  • job preferences, salary expectations, notice period, any special requirements and type of employment sought;
  • names and contact details for references. Please note that it is the applicant’s responsibility to obtain consent from his/her references prior to providing us personal information about them.
  • IELS Malta may collect this information in a variety of ways. It may collect data directly from you, from third parties or public sources as needed to support the recruitment process, for example when conducting background or reference checks. This is subject to your consent where required by law. For the avoidance of doubt, IELS Malta does not wish to receive any confidential or proprietary information which you have received from your previous employers.
  • Upon receipt of job acceptance from your end, HR department shall request additional information including commencement date, copy of ID card, and a valid police conduct certificate.

3. Why do we process your personal data?

3.1. We need to process your personal data to assess your suitability for the role applied for and eventually to possibly enter into a contract with you. All applicants for a posted vacancy will be considered on the basis of their qualification and ability to perform the job successfully. IELS Malta shall be carrying out checks subject to your consent where required by law. Any offer of employment will be conditional on the results of the enquiries being satisfactory.

3.2. The legal basis we rely on for processing your personal data is article 6(1)(b) of the GDPR, which relates to processing necessary to perform a contract or to take steps at your request, before entering a contract.

3.3. The legal basis we rely on to process any information you provide as part of your application which is special category data, such as health information is article 9(2)(b) of the GDPR, which also relates to our obligations in employment and the safeguarding of your fundamental rights, and article 9(2)(h) for assessing your work capacity as an employee and making reasonable adjustments if necessary.

3.4. In some cases, we need to process data to ensure that we are complying with our legal obligations, including duties emerging from Employment, Anti-discrimination, and Data Protection laws.

3.5. IELS Malta has a legitimate interest in processing personal data during the recruitment process and for keeping records of the process, as necessary for the establishment, exercise, or defence of legal claims.

4. Who has access to your data?

4.1. Your information may be shared internally for the purposes of the recruitment exercise with selected personnel. This includes members of the Human Resources department and managers in the respective business areas.

4.2. If you directly provide your information to authorised third parties who support us with the recruitment process by advertising our job vacancies, they may technically have access to your personal data in the course of providing their services, however will be contractually restricted from processing your personal data for other purposes. IELS Malta shall ensure they use appropriate security measures to protect your personal data.

4.4. We will not share any of the information you provide to us with any third parties for marketing purposes.

4.5. We may disclose your personal data to other third parties, including:

  • To comply with our legal obligations or contracts, or to respond to a court order, administrative or judicial process, such as a subpoena or search warrant;
  • In response to lawful requests by public authorities (such as national security or law enforcement);
  • As necessary to establish, exercise or defend against potential, threatened or actual litigation;
  • Where necessary to protect IELS Malta’s interests, your own, or those of any another person; or
  • In connection with the sale, assignment or other transfer of all or part of our business.

4.6. With your consent we may also share your CV with other companies within the Mizzi Organisation.

4.7. In the case of successful applicants, your personal data shall be disclosed to certain third parties as required by law, including but not limited for the purposes of declaring the commencement of your employment, and for work permit applications. More detailed information on how IELS processes its employees’ personal data shall be provided upon engagement.

5. How do we protect your data?

5.1. We take the security of your data seriously. We have controls and internal policies in place to protect your data against loss, misuse and unauthorised access, alteration, disclosure, or destruction. Moreover, all efforts are taken to ensure the ongoing confidentiality, integrity, availability, and resilience of systems and services processing personal information.

5.2. If we learn of a security systems breach, we will inform you of the occurrence of the breach in accordance with Applicable Laws.

6. For how long do we keep your data?

6.1. If your application for employment is unsuccessful, we will hold your data on file for 6 months after the end of the relevant recruitment process, this in line with the Employment and Industrial Relations Act (Chapter 452 of the Laws of Malta). We may ask for your consent to keep your personal data for a further year in the case of future employment opportunities. You are free to withdraw your consent at any time. At the end of that period or once you withdraw your consent (whichever occurs first), your data shall be removed.

  • If your application for employment is successful, the personal data gathered during the recruitment process will be transferred to your personal file stored by the Human Resources department and retained throughout the duration of your employment. Once your onboarding is completed, you will be able to access our Data Retention Policy which defines the retention periods for your data.
  • In instances of false statements including but not limited to false representations of one’s qualifications or inconsistencies in one’s employment history, we shall retain a record of any necessary details in our legitimate business interest or the possible establishment, exercise or defence of legal claims, as permitted under the Criminal Code (Chapter 9 of the Laws of Malta).

7. Your rights

7.1. We respect your privacy rights and shall provide you with reasonable access to your personal data. Your principal rights are:

  • the right for information;
  • the right to access: where we hold your personal data, you can make a ‘subject access request’ to us and we will provide you with a description of such personal data, the purpose/s of processing, the recipients of such data and a copy of the information in an intelligible form, unless an exception to such disclosure is applicable;
  • the right to rectification: where we hold your personal data and you believe it is inaccurate or incomplete, you have the right to request that we rectify the data;
  • the right to erasure where we hold your personal data but it is no longer necessary for the purposes that it was collected and cannot otherwise be justified, or in other particular instances, you have the right to request that we delete the data;
  • the right to restrict processing: where we hold your personal data and you believe the data we hold about you is inaccurate, incomplete, the data has been unlawfully processed, or in other particular instances, you have the right to request us to restrict the processing of your data until it is verified;
  • the right to object to processing:  you have the right to object to the processing of your personal data in certain circumstances, including but not limited to instances where RSM is relying on a legitimate business interest as the grounds for processing data;
  • the right to data portability: you have the right to obtain and reuse your personal data for your own purposes across different services;
  • the right to lodge a complaint with the supervisory authority and/or seek judicial remedy; and
  • the right to withdraw consent.

If you wish to exercise any such rights please contact privacy@ielsmalta.com. We will acknowledge your request as soon as practically possible and will action such requests within thirty (30) calendar days starting from the day after the request is received. This period may be extended for particularly complex requests in accordance with Applicable Law.

If you believe that we have not complied with your data protection rights, you can complain to the Lead Supervisory Authority by sending an email at idpc.info@idpc.org.mt.

8. What happens if you do not provide us with certain personal data?

8.1. You are under no statutory or contractual obligation to provide data to us during the recruitment process. However, if you do not provide the information, we may not be able to process your application.

9. Contact Us

9.1. If you would like to contact IELS Malta on any matter relating to privacy and data protection, you can reach us at the following address: IELS LTD, Mattew Pulis Street, Sliema SLM 3052, Malta or you can send us an email at: privacy@ielsmalta.com

9.2. hr@ielsmalta.com for any other thing not relating to data protection e.g. specific question on job post/recruitment process etc.

10. Changes to this Privacy Policy

10.1. Please note that this Privacy Policy may change from time to time. If we change this Privacy Policy in ways that affect how we use your personal information, we will advise you of the choices you may have as a result of those changes. We will also post a notice on our website that this Privacy Policy has changed.