Applicant Privacy Notice
Last update: October 2019

CONFIDENTIALITY NOTICE PERSONAL DATA OF THE JOB CANDIDATES’

We are kindly asking you to carefully read the present notice regarding the confidentiality and the protection of your personal data. It intends to explain why and how information about you will be colected, how such information will be protected and how long the information will be stored. Your personal data will be stored, as reasonably possible, in appropriate safety and security conditions, such personal data will be protected against loss and disclosure or against unauthorised access and will be used in accordance with the applicable laws regarding the protection of the personal data, according to the General Regulation on the protection of the personal data no. 679 in 27 April 2016 ('GDPR').

This privacy notice was drafted as a question and answer list:

1.     Who will process my personal data?

The controller for your personal data will be the following entity:
Name of the controller: Spark Consult S.R.L.
Headquarter: Focsani, Vrancei Street no.39C, Vrancea County, and offices located in Focsani, 15 Ștefan cel Mare St, C2 Building, Ground Floor, apt 4, Vrancea County
Registered with the Trade Registry under
no. J39/331/2008, Fiscal Code RO 23586236
Tel: +40 337 401 352, Fax: +40 337 401 353,
e-mail: office@sparksc.comAdministrated by: Mrs Oancea Anicuta
The person responsible for data protection issues: Catalina Burca, Tel: +40 337 401 352, e-mail: catalina.burca@sparksc.com

2.     What is the purpose of my personal data processing?

Your personal data will be processed by registering your request for a job within our company and, if such request leads to the beginning to our selection procedure, for your evaluation for a job within Spark, which means that Spark will process all the data mentioned within point 3 below, that are necessary in order to evaluate your job request for a potential recruitment.

For this reason, the processing of your personal data is necessary for taking preliminary measures for the conclusion of an individual employment agreement and comes under the legitimate interests of Spark, namely the interest to evaluate you before deciding to make you a job offer.

In case of a positive evaluation and of a decision for hiring you, your personal data will be used for drafting the employment agreement as well.

In case our decision will be not to hire you, your personal data will be stored for a longer period in order for us to be able to contact you in case of a future employment opportunity, in accordance with your abilities and your expertise.  Such purpose comes also under the legitimate interests of Spark.

3.     What categories of personal data will be processed?

Personal data means all the information relating to you or upon which you may be identified. The anonymous data, which does not offer the possibility to identify you, shall not be deemed as personal data.

For the purposes mentioned above, the personal data which will be processed includes the following:

  • Standard information regarding your identity (family name, first name, address, etc);

  • Personal information (date and place of birth, gender, telephone number, e-mail address, hobbies and preferences, etc);

  • Your photo, in case such photo was provided (i.e. by including it within the CV or within other documents provided by you);

  • Affiliation to various groups/entities/professional organizations, cultural or of other nature, if such information is mentioned within the CV or within other documents provided by you;

  • Information regarding your expertise (information regarding the previous employers, the termination of the employment agreement for the last job and the activity performed during your employment, special projects, etc ), including verification of the references if such are included within the CV or within the other documents provided by you;

  • Information regarding your education (diplomas, certificates, internship, special training, etc);

  • Linguistic abilities;

  • If applicable, information on the possession of a work permit and/or your resignation in the European Economic Area (EEA);

  • Any other information that you provide Spark as part of your resume or job application, which may be relevant to the exercise of your role if you are employed;

  • Digital assessment via the Internet (social networking), to the extent that the data is available to them; Spark for viewing;

  • The results of the evaluation tests carried out by the evaluation centers, if we have been provided by you in the CV and the other documents provided by you;

  • Any other personal data (other than those mentioned above) that require processing under the law and within the scope of the above-mentioned purposes.

You are not required to provide this data. However, if you do not provide this data, it may influence your chances of being recruited.

4.     Where does my data come from and who will have access to my personal data?

We receive the above mentioned data from private sources, namely: (i) either from you, through your resume and application for jobs offered by Spark (including the recruitment application form available on our site; (ii) either from the contact references listed in the references section of your resume; (iii) either through social networks and our recruiting service providers - such as Linkedin, Facebook, Instagram, Best Jobs, E- Jobs where you have registered accounts.

The Human Resources Department and your hierarchical superiors will have access to your personal data on the basis of a strict "need to know" requirement for the purposes described above.

We do not transmit your personal data to any third party.

5.     Will my personal data be transferred outside my country of residence or outside EEA?

Will my personal data be transferred outside my country of residence or outside EEA?We store your personal data on equipment (servers and back-up servers) located in non-EEA countries. In order to transfer your personal data in accordance with data protection principles, Spark has implemented appropriate safeguards in line with the GDPR.

6.     Will Spark make use of automated decision-making?

Automated decisions are defined as decisions about individuals that are based solely on the automated processing of data and that produce legal effects or that significantly affect the individuals involved.

As a rule, Spark does not make use of automated decision-making as described above. Spark does not base its decision whether or not to hire you solely on automated processing of your personal data.

7.     How long will my personal data be retained?

As a rule, we will only retain your personal data for as long as is necessary for the purposes described above. Still, if following the recruitment process, we do not decide to hire you, your personal data will be retained for a maximum period of three years after the finalization of the recruitment procedure. We keep this data for three years because, by its nature, our work (developing IT applications according to each customer's requirements) our real need for new colleagues varies a lot.

8.     What are my rights with regard to the processing of my personal data and who can I contact?

You have the right to contact Spark at any time in order to exercise the following rights you have under the GDPR:  The ACCESS right, based on which, you may request and obtain from Spark a confirmation that your personal data is being processed or not, as well as complete set of information about the purpose, the means of processing the storage period and other information. At the same time, you can request and obtain from Spark, free of charge, a copy of the personal data that is subject to processing if this does not violate the rights of others.

The right to data PORTABILITY, based on which you can receive from Spark the personal data that you have provided us yourself, in a structured, commonly used and automatically readable format. At the same time, you may request Spark to directly transmit this data to another operator.

The right to obtain the RECTIFICATION of your personal data, under which you can request and obtain from Spark the rectification or updating of your personal data that no longer corresponds to the reality (for example, if you have changed your name, address, phone number or e-mail).

The right to obtain the ERASURE of your personal data, under which, in certain circumstances (such as when the data are no longer required for the purpose for which they were collected or the data are processed illegally or in other situations prescribed by law), you may request and Spark is bound to delete your personal data.

The right to RESTRICT the processing of your personal data, based on which, in certain circumstances (such as when you consider that the date processed by Spark is not accurate or in other situations provided by law), you may request and Spark temporarily suspends the use of your personal data, until the exact situation of this data is clarified.

CONSENT WITHDRAWAL, which means that:

  • When Spark processes your personal data based on your express consent (pursuant to Article 6 paragraph 1 letter an of EC Regulation No. 679/2016), in addition to the above rights, you have the right to withdraw your consent regarding the processing of your personal data;

  • If you use this right, Spark can no longer process your personal data in regard to which you have withdrawn your consent;

  • In order to use this right, you only need to notify us by email or by other means (but in writing) that you no longer agree to the processing of your personal data on the basis of the previously given consent;

Also if you consider that Spark has not complied with the legal provisions in force related to data protection you can contact or file a complaint at:

  • The National Supervisory Authority For Personal Data Processing headquartered No. 28-30 G-ral. Gheorghe Magheru Blvd., District 1, postcode 010336, Bucharest, Romania; E-mail anspdcp@dataprotection.ro; Telephone  +40.318.059.211;

  • The Administrative and Fiscal Section of the Courthouse (Sectia de Contencios Administrativ si Fiscal din cadrul Tribunalului) competent at your place of residence or at Spark’s headquarters.

Your contact at Spark for any additional information regarding your rights and the processing of your personal data is Mrs Cataloina Burca. You can contact her/him:
By telephone at +40 337 401 352
By e-mail at catalina.burca@sparksc.com