Job Applicant Privacy Policy'

Article 1. Definitions

Article 2. The personal data we collect

Article 3. Purposes of processing

Article 4. Legal bases for processing

Article 5. Data controller

Article 6. Data Protection Officer

Article 7. Data retention period

Article 8. Data recipients

Article 9. Security

Article 10. Job applicants’ rights concerning the processing of their personal data

Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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 (the General Data Protection Regulation or “GDPR”). 

➢ The protection of natural persons with regard to the processing of personal data is a fundamental right.

➢ The Akuo Group diligently complies with data protection regulations, particularly those concerning the personal data of job applicants.

➢ This Akuo Group policy contains transparent information on the processing operations we perform when we collect your personal data on our recruitment page and, generally, when we consider your application for a position within the Akuo Group.

➢ We ensure that the information you provide to us or that we collect through various channels (our website, correspondence, conversations or meetings with our colleagues and associates, particularly our recruiters and HR managers) is used exclusively for the purposes set out in this policy.

➢ This policy applies to applicants who submit an unsolicited job application or apply by any means for one or more job positions within the Akuo Group. Any references we request will be requested in accordance with the regulations in force (with the applicant’s prior consent). This policy therefore also applies to the referees of applicants whose personal data we may collect when considering job applications. Unless stated otherwise, the term “you” is used to refer collectively to the above groups of people.

For the purposes of this privacy policy, the following terms have the meanings set out below:

➢ “Personal data”: any information relating to an identified or identifiable natural person, in other words a job applicant. 

➢ “Processing”: any operation or set of operations that is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

➢ “Purpose”: the purpose for which personal data are processed, as set out in Article 3. 

➢ “Data controller”: the natural or legal person, agency or other body that, alone or jointly with others, determines the purposes and means of the processing of personal data.

➢ “Recipient”: a natural or legal person, public authority, agency or other body to which personal data are disclosed, whether a third party or not, as set out in Article 8 below.

➢ “Processor”: any entity that processes personal data on behalf of and as instructed by the data controller.

➢ “Data Protection Officer (DPO)”: the person responsible for ensuring compliance with data protection regulations and whose contact details are set out in Article 6.

➢ “Akuo Group”: all companies within the Akuo Group and/or any company that is controlled by the Akuo Group. 

As part of our recruitment process, we will collect your personal data.

Your personal data will be collected directly from you when you browse or apply for a job on our website, or will be provided to us by a third party, such as references from your previous employers, recruitment agencies or professional social media platforms (LinkedIn, etc.).

We may process various types of personal data, including:

➢ Identity information (such as your first name, surname and contact details); 

➢ Information contained in your résumé (such as information about your education, qualifications, career, fields of expertise, skills, etc.);

➢ Declarative data (such as information provided by you or a third party at a job interview, if such data are relevant to the processing of your job application);

➢ The responses given by you in the various tools used during the recruitment process (such as the online application submission form, online appointment booking form (if applicable), knowledge and aptitude tests and test results); 

➢ Data from innovative solutions (such as preselection video interviews) and technical data (such as the login details you use to access our website) for security purposes; 

➢ Data made public by you (such as your profile on professional social media platforms).

If your job application is successful and you are hired by the Akuo Group, we will ask you to provide the information and supporting documents we require in order to complete the formalities imposed by law. Successful applicants must provide this information in order to conclude an employment agreement with the Akuo Group. In addition, they are required by law to provide certain types of information and supporting documents (concerning their marital status, social security number, residency permit (if applicable), etc.). Consequently, an employment agreement may only be concluded on condition that the above information is provided. 

Applicants’ personal data are processed for the following purposes in particular:

• To manage the recruitment process;

• To complete the formalities imposed by law and record applicants’ data in our administrative records;

• To create a CV library for unsuccessful applicants so that we may offer them other job opportunities in the future;

• To prepare an exclusions list (if appropriate), i.e., a list of “non-recruits” selected during the preselection process. Unsuccessful applicants are added to this list on the basis of the following objective criteria:

                 - If they have already applied for several jobs or behaved inappropriately during a recruitment process organized by the Akuo Group;

                 - If they previously worked for the Akuo Group and were the subject of a disciplinary measure and/or if their trial period was terminated by the employer, their fixed-term contract was terminated early by the employer or they were dismissed for wrongdoing or professional inadequacy.

Your personal data will be processed in the context of the recruitment process in order to take steps at your request prior to concluding a contract (Article 6.1.b of the GDPR).

Otherwise, your data will be processed in the context of our legitimate interest in filling vacant job positions and not recruiting applicants whose profile is inappropriate.

Your data may also be processed as required by law in order to manage our personnel records.

The data controller is Akuo SAS, which is headquartered at 140 Avenue des Champs Elysées, 75008 Paris, jointly with the future Akuo Group employer if the employer named on the job offer is not Akuo SAS.

The Akuo Group has appointed a Data Protection Officer (“DPO”), whose contact details are:

Postal address: 140 Avenue des Champs Elysées, 75008 Paris

Email:dpo@akuoenergy.com.

The Data Protection Officer is in charge of managing the exercise of your rights in accordance with Article 10 below.

The data of successful job applicants will be entered in their administrative records and retained for their period of employment. 

Data concerning unsuccessful job applicants whose data are stored in a CV library are retained for four years from the date of the last contact with the applicant. This period is based on the average length of employment of an executive hired to the same position according to research, as well as recruitment difficulties in the renewable energies sector due to the new skills involved in this sector. 

Data concerning job applicants whose names appear on an exclusions list are retained for four years. Data concerning former Akuo Group employees who were the subject of a disciplinary measure and/or whose trial period was terminated by the employer, whose fixed-term contract was terminated early by the employer or who were dismissed for wrongdoing or professional inadequacy are retained for ten years. 

We ensure that personal data are accessible solely to authorized individuals.

Your personal data may be provided to the following recipients:

➢ Departments or entities within the Akuo Group (HR, manager), or other group entities that have similar positions available.

Akuo uses the services of processors whose access to your personal data is governed by a strict framework. Data may be transferred outside the European Union by our processors, who have implemented appropriate safeguards to ensure that processing is carried out in accordance with the GDPR and that personal data remain confidential and secure. 

Your data may be disclosed to our colleagues and associates outside the European Union for positions available within our non-EU entities. These entities may therefore contact you directly, using the contact details you provided to us, to offer you positions within the Akuo Group that correspond to your profile.

In such instances, we will ensure that data are transferred or exchanged strictly as necessary and solely for the above purposes, and will implement appropriate data protection safeguards.

In order to finalize a successful recruitment process, our HR department will send some of your personal data to the organizations that are notified of your recruitment (including the relevant unemployment insurance fund, health insurance fund, retirement fund and supplementary health insurance fund).

The Akuo Group takes appropriate precautions to ensure that personal data remain secure and, in particular, to safeguard them against corruption, damage and unauthorized access by third parties.

In particular, steps are taken to control access to processing operations and to ensure that data transfers are carried out securely.

To ensure that applicants’ personal data remain secure and confidential, the Akuo Group has implemented the following technical and organizational measures:

➢ An access control and authorization system for the computer hardware and tools used to process applicants’ personal data;

➢ Measures to secure technical infrastructure (workstations, networks, servers) and data (backups, business continuity plan);

➢ Restriction on the number of people authorized to process data according to the purposes and means of each processing operation;

➢ Strict non-disclosure obligations imposed on our processors pursuant to a contract that provides adequate safeguards;

➢ Measures to secure exchanges with other organizations;

➢ Protection of premises.

The Akuo Group agrees to process any request you make to exercise your rights as soon as possible, invariably within one month of receipt of your request.

If necessary, this time limit may be extended to two months for complex requests. 

The exercise of your rights is subject to various requirements imposed under applicable regulations and your rights must be exercised in accordance with those regulations.

Within the limits and subject to the requirements imposed under those regulations, you have the following rights, as applicable:

➢ The right to access your personal data.

➢ The right to rectify and update your personal data.

➢ The right to erasure.

➢ The right to restrict the processing of your personal data.

If you restrict the processing of your personal data, your data will be frozen. This may occur if you ask to exercise one of your other rights in relation to the processing of your personal data, in which case the restriction (or freezing) may apply for the period of time needed to consider your request, for example if you claim that your data are incorrect or object to the processing of your data. 

➢ The right to object to the processing of your personal data in certain cases owing to your personal circumstances.

➢ The right to portability of your personal data in certain cases.

➢ The right to submit a complaint to a supervisory authority such as the Commission Nationale de l’Informatique et des Libertés (French data protection authority).

In accordance with General Data Protection Regulation (EU) 2016/679 (the “GDPR”), you also have the right to give directions as to how your data should be retained, erased and disclosed after your death.

You may exercise your rights by contacting the Data Protection Officer whose contact details are provided in Article 6 of this policy.

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