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Personal Data Protection Policy

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OF "NEW CAREER" OOD, UIC 202961423

(PRIVACY POLICY REGARDING PERSONNEL hereinafter referred to as the "Policy")*

Please read the text of this Policy carefully. It contains important information regarding the manner in which your personal data is processed by "NEW CAREER" OOD.

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I. GENERAL PROVISIONS

Art. 1."NEW CAREER" OOD is a legal entity that carries out intermediary activities for job placement in Bulgaria and abroad. "NEW CAREER" OOD holds Certificate of Registration for carrying out intermediary employment activities in Bulgaria No: 3310/28.03.2022, issued by the Employment Agency, and Certificate of Registration for carrying out intermediary employment activities in Bulgaria No: 3311 / 28.03.2022, issued by the Employment Agency.

Art. 2.

(1) "NEW CAREER" OOD has its registered office and management address at: Sofia, 1000, 9 Petar Parchevich Str., fl. 2, ap. 2.

(2)"NEW CAREER" OOD has designated a responsible data protection employee who serves as a single point of contact for all Data Subjects in connection with the exercise of their rights under applicable personal data protection legislation related to the processed personal data. It should be noted that the responsible data protection employee does not constitute a Data Protection Officer within the meaning of Chapter IV, Section 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to only as the **GDPR**).

(3) The Data Subject may address all their requests and inquiries related to the exercise of their personal data protection rights to the specified responsible employee.

(4) The contact details of the responsible data protection employee are:

Email address: privacy@newcareer.bg

Correspondence address: Sofia, 1000, 9 Petar Parchevich Str., fl. 2, ap. 2

Art. 3. "NEW CAREER" OOD is a data controller of personal data processed during or on the occasion of its ordinary business activities. The personal data processed belongs to various categories and is collected on various occasions – for example: related to the conclusion of contracts, placing orders, performance of contracts and statutory obligations, and others. When personal data is processed solely and exclusively on the basis of consent, "NEW CAREER" OOD processes such personal data only with the free and explicit written consent of the data subject.

Art. 4. This policy applies to the personal data of:

A) job applicants and users of intermediary employment services;

B) workers, employees, or other persons to whom "NEW CAREER" OOD assigns tasks by virtue of a contract in connection with the activities performed;

C) clients, suppliers, commercial partners, and other persons with whom "NEW CAREER" OOD enters into relations;

D) data collected by "NEW CAREER" OOD outside of the above, when the legally prescribed grounds for this are present,

All together hereinafter referred to as "data subjects".

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III. CATEGORIES OF PERSONAL DATA

Art. 6. The information (categories of personal data) that "NEW CAREER" OOD processes regarding employees and other Data Subjects in accordance with this Policy may include, but is not limited to:

  • Identification data: names according to an identity document; EGN (Personal Identification Number) / LNCh (Personal Number of a Foreigner), date of birth; address (permanent and current); place of birth; age; identity document data; gender; citizenship; photo;
  • Contractual and financial information: Number, date of conclusion, date of entry into force of the respective contract; position; information on amendments and supplements to the contract (additional agreements/addenda; changes in position and job description; number, date of conclusion, and date of entry into force); social security threshold; amount of basic monthly salary (BMS) and additional labor remuneration (ALR), including the amount of bonuses, etc.; place of work; hierarchical level; structural identity; unique identification numbers in the systems of "NEW CAREER" OOD; years of labor, professional, company, and social security track record (experience); date of termination of the employment relationship; type and ground for termination; percentage of incapacity for work; validity period of the employment contract; working hours; payment percentage; wage system;
  • Information contained in declarations submitted by employees – for deductions, for acknowledgement of internal documents, notes from a previous employer for tax purposes, employment record book data, etc.;
  • Bank information – IBAN, BIC, name of the bank;
  • Information on accruals – current amount of BMS (change in BMS), ALR – for length of service and professional experience, overtime, hours, night work, hours on duty (on call); amount of reward/award remuneration; social funds; amount of voucher sums; amount of one-off payments; tax base; performance evaluation; score/rating of the evaluation; substitution remuneration;
  • Information on deductions – amount of personal social security contributions; tax; amount of deduction for attachments (garnishments); amount of deduction for over-limit expenses; information on non-cash transferred amounts; amount of taxable income; amount of deduction for personal insurance; amount of deductions for additional voluntary pension insurance (AVPI);
  • Contact data: telephone; email address; physical correspondence address;
  • Information contained in other documents necessary for the conclusion and/or performance of employment contracts, and/or for exercising control over compliance with labor discipline: Information contained in: preliminary medical examination card; criminal record certificate (according to the positions for which it is required by law); documents for previous work experience (e.g., name of employer, period of work, position held, references, etc.);
  • Information per job description (JD) – information on the JD for the current and previously held positions, including the date of entry into force of the JD;
  • Performance evaluations;
  • Information regarding attendance and absence from work and working time schedules;
  • Information contained in leave orders, disciplinary sanctions, rewards, overtime work;
  • Information regarding user accounts (usernames, corporate email address(es), and passwords) for access to corporate computers (desktops, laptops, etc.), corporate information systems, and other corporate devices (telephones, mobile phones, etc.); information on the conditions under which such devices are provided for use to the Data Subject (e.g., information on mobile phone limit), as well as information regarding the use of corporate devices and accounts:
    • corporate electronic correspondence and/or messages (sent or received via the corporate email addresses and other corporate accounts of the Data Subject);
    • corporate correspondence sent or received at the postal addresses of "NEW CAREER" OOD;
    • information created or stored by the Data Subject in, or respectively generated during the use of, corporate devices and/or profiles of "NEW CAREER" OOD;
    • information created or stored by the Data Subject or generated during their use of corporate devices and profiles (including system logs, data, and history of actions performed, etc.).

The specified information, respectively correspondence, shall be considered corporate information, and the Data Subject shall not have the right to use the specified corporate devices and profiles for personal purposes, unless otherwise agreed;

  • Information on social identity – education, including additional qualifications and certifications; training; work activity; CVs/resumes; previous work experience; languages; scientific/academic degree; position in the organization (directorate, branch, department, location, group, workshop); function (competences, job title, professional field), superior/subordinates; general data on the organizational structure, hierarchical level; specific actions to be taken with respect to each employee;
  • Criminal record data – when required in view of the applicable legislation;
  • Information on language proficiency and other skills of the applicant required in view of providing employment intermediary services, when required for holding a certain position and in any case when required in connection with the performance of a contract or a statutory obligation;
  • Data from motivation letters/cover letters, when such are required;
  • Information on health status contained in documents that "NEW CAREER" OOD has an obligation to collect and store by virtue of labor and social security legislation and with a view to ensuring healthy and safe working conditions (for example: medical certificates/sick leaves; expertise of work capacity, etc.), applications and declarations related to the performance of obligations under the employment relationship and/or for the performance of statutory obligations and submitted by the employee (e.g., declaration under Art. 333 of the Labor Code), etc.;
  • Information on family identity – kinship ties, marital status; children (number, names, EGN, dates of birth, gender, and contact data); spouse (names, EGN, dates of birth); information on who the employee cohabits with in the same household (names), etc.
    • Information on the location during working hours of corporate technical means used by the Data Subject in the performance of their contractual obligations to "NEW CAREER" OOD – information collected through GPS tracking devices installed in and tracking the location of the corporate vehicles of "NEW CAREER" OOD;
    • This Policy is based on the principle that tracking devices do not constitute personnel tracking devices. Location information is processed for the purpose of the safety of employees and the gOODs/cargo and vehicles entrusted to them.
  • Information on submitted notices (resignations), complaints, applications, requests, petitions, and alerts/signals (incl. in free text) and on other correspondence with "NEW CAREER" OOD, including information regarding their processing, status, and the final outcome of their processing;
  • Other information and documents: any other information and documents/copies of documents (e.g., requests, consents, declarations, opinions, notifications, explanations, etc.) that certify events or expenses for which "NEW CAREER" OOD pays additional bonuses, compensation, other social benefits, or reimburses expenses to employees; orders, certificates, prescriptions, and other acts of competent authorities that the Data Subjects/competent state authorities provide or which are respectively generated in the job application process or within the framework of the conclusion, amendment, performance, and termination of contracts with the Data Subjects;
  • Audio and video recordings of employees made during training sessions for training purposes; during participation in events organized by "NEW CAREER" OOD, etc.

 

IV. PURPOSES OF PERSONAL DATA PROCESSING

Art. 7.

(1) "NEW CAREER" OOD collects, uses, and otherwise processes the information under Art. 6 for the purposes provided for in this Policy, which, depending on the legal basis for processing, may be:

  1. Purposes related to compliance with legal obligations of "NEW CAREER" OOD; and/or
  2. Purposes related to and/or necessary for the performance of employment and civil contracts concluded with "NEW CAREER" OOD or for taking steps at the request of the Data Subject prior to entering into a contract; and/or
  3. Purposes of the legitimate interest of "NEW CAREER" OOD or third parties;
  4. Purposes for which the Data Subject has given consent to the processing of their data.

(2) The processing of personal data by "NEW CAREER" OOD may be carried out for the same purposes simultaneously on more than one of the legal grounds specified above.

Art. 8. The purposes of processing personal data by "NEW CAREER" OOD related to compliance with legal obligations include:

  1. Financial and accounting activities;
  2. Pension, health, and social security activities;
  3. Training/personal development of employees;
  4. Performance of statutory obligations to provide information to and report before competent state authorities;
  5. Ensuring healthy and safe working conditions;
  6. Administration of benefits, incentive programs, and additional social perks/benefits;
  7. Administration of business trips and reimbursement of employee expenses;
  8. Conclusion of insurance contracts – for positions for which taking out insurance is required by law;
  9. Performance of obligations arising from the legislation applicable to employment intermediaries in Bulgaria and abroad.

Art. 9. The purposes of processing personal data related to and/or necessary for the performance of employment/civil contracts, or preceding the conclusion of a contract with "NEW CAREER" OOD, include:

  1. Human Resources Management:
    • Recruitment and selection of personnel;
    • Conclusion, amendment, performance, and termination of employment/civil contracts;
    • Workplace orientation and conducting initial training;
    • Performance evaluation;
    • Personnel training – analysis and assessment of needs, planning, execution, evaluation;
    • Career development, employee incentives;
    • Determination, calculation, and payment of labor remunerations;
    • Secondment (business trips/posting) of employees;
    • Imposition of disciplinary sanctions;
    • Preparation of work schedules and recording employee attendance;
    • Administration of employee absences;
    • Preparation of references/reports on employees;
    • Preparation and maintenance of employee files.
  2. Performance of contracts for the provision of intermediary services to natural persons and employers for job placement in Bulgaria and abroad;
  3. Conducting volunteer initiatives, sports, and cultural events;
  4. Sales activities and customer relationship management;
  5. Activities for the performance of contracts concluded with business partners of "NEW CAREER" OOD;
  6. Determination, management, and administration of access to corporate information systems, corporate personal computers, and other corporate devices or those of commercial partners of "NEW CAREER" OOD.

Art. 10.The purposes of processing personal data necessary for the purposes of the legitimate interests of "NEW CAREER" OOD or third parties include:

  1. Legitimate interest
    1. exercise and protection of the legal rights and interests of "NEW CAREER" OOD and
    2. assistance in the exercise and protection of the legal rights and interests of other employees or counterparties, of other companies related to "NEW CAREER" OOD, of personal data processors acting on behalf of "NEW CAREER" OOD, in connection with:
      • Establishment, exercise, or defense of or against legal claims of the persons specified above under item 1.1 and item 1.2, including through judicial proceedings, including the submission of complaints, alerts, etc., to competent state and judicial authorities;
      • Collection of receivables due to "NEW CAREER" OOD, including enforcement;
      • Assigning to third parties (e.g., collection agencies) activities for the collection of receivables;
      • Transfer (assignment/cession) of receivables due to "NEW CAREER" OOD to third parties;
      • Activities for conducting verifications in connection with received complaints, alerts, requests, etc.;
      • Professional development of employees – improvement of knowledge and skills, sharing of experience, etc.
  2. Legitimate interest of "NEW CAREER" OOD – administration, management, and qualification improvement of human resources in "NEW CAREER" OOD:
    • Human resource planning and determining the number of personnel;
    • Human resources management;
    • Identifying the need for conducting trainings, seminars, etc.;
    • Provision of social benefits to the employees of "NEW CAREER" OOD;
    • Negotiating various types of corporate preferences for the employees of "NEW CAREER" OOD (e.g., corporate discounts on the prices of various gOODs/services offered by third parties other than "NEW CAREER" OOD).
  3. Legitimate interest of "NEW CAREER" OOD – financial planning and management of economic resources in "NEW CAREER" OOD in connection with employment and contractual relationships.

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IX. RETENTION PERIODS FOR INFORMATION

Art. 15.

(1) "NEW CAREER" processes and stores information regarding the Data Subject throughout the entire duration of the employment/civil contract with them. "NEW CAREER" processes and stores information regarding the Data Subject also after the termination of the respective contract within periods and under conditions determined in accordance with the provisions of the applicable legislation and this Policy.
(2) "NEW CAREER" shall have the right to process and store information regarding the Data Subject until the respective purposes are achieved, and in the cases of a concluded contract with the Data Subject – throughout the entire duration of the employment/civil contract, as well as after the termination of the contract, except in cases where longer retention of the respective information is required in accordance with the requirements of the applicable law or this Policy.
(3) "NEW CAREER", in accordance with its internal rules and applicable legislation, has the right to process and store information regarding the Data Subject on the basis of the periods specified in Appendix 1 - Retention Periods for Documents.
(4) If by law or another regulatory act (including, but not limited to, regulatory acts in the field of tax and accounting legislation) the retention of the respective media is required for a longer or shorter period than that specified in paragraph 3, the legally established period shall apply to the retention of the media.
(5) All other personal data, the retention periods for which are not determined in accordance with this Policy or a regulatory act, shall be stored for a period determined specifically for the purpose, but no later than the termination of the ground for processing the personal data.
(6) Upon expiry of the retention period, personal data shall be subject to destruction in accordance with the rules approved for this purpose by "NEW CAREER".

 

X. RIGHTS REGARDING PERSONAL DATA

Art. 16. The Data Subject has the following rights:

  1. Right to information – to receive information regarding the processing of their personal data carried out by "NEW CAREER" OOD;
  2. Right of access:
    • to obtain confirmation as to whether personal data relating to them is being processed;
    • to obtain access to the processed personal data and to detailed information regarding the processing and their rights under the Regulation.
  3. Right to rectification – to require the rectification or completion of their personal data if the same is inaccurate or incomplete;
  4. Right to erasure – to require the erasure of their personal data if the grounds for this provided for in the Regulation are present;
  5. Right to restriction of processing** – to require "NEW CAREER" OOD to restrict the processing of their personal data within the scope provided for in the Regulation, if the grounds for this provided for in the same are present;
  6. Notification of third parties – the right to require "NEW CAREER" OOD to notify third parties to whom their personal data has been disclosed of any rectification, erasure, or restriction of processing carried out on their personal data, unless this is impossible or involves disproportionate effort for "NEW CAREER" OOD;
  7. Right to data portability – to receive the personal data concerning them which they have provided to "NEW CAREER" OOD in a structured, commonly used, and machine-readable format, and to transmit those data to another controller without hindrance from "NEW CAREER" OOD.
    • The right to data portability applies when both of the following conditions are met simultaneously:
    • the processing is based on consent or on a contractual obligation; and
    • the processing is carried out by automated means.
    • If technically feasible, the Data Subject has the right to have the personal data transmitted directly from "NEW CAREER" OOD to another controller. The right to data portability may be exercised in a manner that does not adversely affect the rights and freedoms of others.
  8. Rights in automated individual decision-making, including profiling– not to be subject to a decision based solely on automated processing (i.e., processing without human intervention), including profiling within the meaning of the Regulation, which produces legal effects concerning the Data Subject or similarly significantly affects them, unless the grounds provided for in the Regulation are present and suitable measures to safeguard the Data Subject's rights and freedoms and legitimate interests are in place. Such measures shall at least include the right to obtain human intervention on the part of "NEW CAREER" OOD, the right of the Data Subject to express their point of view and to contest the decision.
    • If such a decision, including profiling, is made with respect to the Data Subject, for each specific case the Data Subject has the right to and shall receive from "NEW CAREER" OOD separate meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for them, and the manner of exercising the rights under this item
  9. Right to withdraw consent to processing – when the processing of personal data is based solely on consent given by the Data Subject, they may withdraw their consent at any time. Such withdrawal shall not affect the lawfulness of processing based on consent before its withdrawal.