GENERAL RECRUITMENT INFORMATION CLAUSE

Pursuant to Article 13 (1) and (2) of 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 (OJ EU L 119/1 dated 4.5.2016), hereinafter referred to as “GDPR”, we inform you that:

I. DATA ADMINISTRATOR

1. The data Administrator is the International Institute of Molecular and Cell Biology in Warsaw (hereinafter: “the Administrator”), ul. Księcia Trojdena 4, 02-109 Warsaw.

2. You may contact the Data Protection Officer appointed by the Administrator regarding the protection of your personal data at the following email address: This email address is being protected from spambots. You need JavaScript enabled to view it.

3. In the case of recruitment procedures for a job position providing for employment on the basis of an employment contract (Labor Code), the Administrator expects the provision of personal data (e.g. in a CV) only to the extent specified in the labor law regulations (Article 22¹ of the Labor Code). If an applicant provides other data that the Administrator does not need, it is assumed that he/she has given an implied consent to their processing, which may be withdrawn at any time without affecting the lawfulness of the processing carried out before the withdrawal.

4. If a job applicant voluntarily provides special categories of data in their application documents, such as information on their health status or disability, an explicit consent is required for the processing of these personal data in accordance with Article 9(2)(a) of the GDPR.

5. In the case of application for a job position at which relevant laws require the provision of information on lack of criminal records, the exercise of full public rights or the determination of qualifications for a particular job, the Administrator may require the provision of such data in accordance with the applicable legal provisions (Article 6(1)(10) of the National Criminal Records Act).

6. The provision of data to the extent specified in the Labor Code or other specific laws (in accordance with the requirements of the job advertisement) is necessary for participation in the recruitment process. Failure to provide these data may result in the exclusion of the applicant from the current recruitment process. The provision of other data is voluntary and has no effect on the possibility of participating in the recruitment process, with the exception of special categories of data (see point 4 above).

II. PURPOSES AND BASES OF PROCESSING OF PERSONAL DATA

1. The data collected as a part of the recruitment process have been obtained directly from you and are processed:

a) to fulfill legal obligations related to the employment process on the basis of an employment contract pursuant to Article 6(1)(c) of the GDPR - legal obligation of the Administrator under the Labor Code (Article 22¹ of the Labor Code), or

b) to fulfil legal obligations related to the employment process on the basis of a civil law contract pursuant to Article 6(1)(b) of the GDPR - conclusion of a contract and taking measures at the request of the data subject prior to the conclusion of the contract, and

c) to assert or pursue possible claims or to defend against such claims on the basis of Administrator's legitimate interest pursuant to Article 6(1)(f) of the GDPR, e.g. to defend Administrator's rights in connection with possible allegations of unequal treatment during the employment process,

d) in the case of additional implied consent based on Article 6(1)(a) of the GDPR (consent) to carry out the recruitment process in relation to data that is not required by law (e.g. image) or to express the will to participate in future recruitment processes of the Administrator and Article 9(2)(a) of the GDPR (explicit (written) consent to the processing of special categories of personal data), e.g. voluntarily provided information about a disability.

2. An example of the content of written consents that the job applicant should include in their application documents depending on the purpose chosen:

a) in case of expressing interest in the future recruitment processes:

"I consent to the processing of my personal data provided in the submitted application documents by the International Institute of Molecular and Cell Biology in Warsaw, ul. Księcia Trojdena 4, 02-109 Warsaw, for the purpose of participation in future recruitment processes of the Administrator."

b) if the applicant provides data revealing their racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health or data concerning sexual orientation in accordance with Article 9(1) of the GDPR (sensitive data):

"I consent to the processing of my special categories of personal data referred to in Article 9(1) of the GDPR contained in the submitted application documents by the International Institute of Molecular and Cell Biology in Warsaw, ul. Księcia Trojdena 4, 02-109 Warsaw, for the purpose of participating in the recruitment process conducted by the Administrator."

III. RECIPIENTS OF PERSONAL DATA

1. Personal data may be disclosed to Administrator’s employees or collaborators and to entities that support the Administrator under data processing agreements (pursuant to Article 28 of the GDPR), including, but not limited to, website providers, software providers, providers of electronic services (email, cloud services, internet messengers) used by the Administrator, auditing firms, consulting firms, and other entities that collaborate with the Administrator.
2. In connection with the conduct of scientific activities, personal data may be disclosed to external entities, including, in particular, the entities that may provide the Administrator with information about candidate's diploma issued by a foreign university, as well as his/her level of study and university status - (in accordance with Article 326(4) of the Law on Higher Education and Science) or the entities cooperating with the Administrator in the implementation of research projects, if the interested person is involved in such a project, in particular:
3. in the case of Projects funded by the National Science Centre, the recipient of the data will be the National Science Centre in Cracow with its seat at ul. Twardowskiego 16, 30-312 Cracow, Tax Identification Number: 676-242-96-38,
4. in the case of Projects funded by the Polish National Agency for Academic Exchange, the recipient of the data will be the Polish National Agency for Academic Exchange, with its seat at ul. Polna 40, 00-635 Warsaw, Tax Identification Number: 5272820369,
5. in the case of Projects financed by the Foundation for Polish Science, the recipient of the data will be the Foundation for Polish Science with its seat at ul. I. Krasickiego 20/22, 02-611 Warsaw, Tax Identification Number: 5260311952,
6. in the case of Projects financed by the National Centre for Research and Development, the recipient of the data will be the National Centre for Research and Development with its seat at ul. Nowogrodzka 47a, 00-695 Warsaw, Tax Identification Number: 7010073777,
7. in the case of Projects funded by the Ministry of Science and Higher Education, the recipient of the data will be the Ministry of Science and Higher Education with its seat at ul. Wspólna 1/3, 00-529 Warsaw, Tax Identification Number: 7011010460.

Recipients of personal data may also be foreign funding agencies, as well as other agencies, institutions or entities that may be a source of funding. The mentioned institutions will be indicated each time in the employment contract.

3. The Administrator does not transfer data outside the EEA.

IV. PERIOD OF DATA STORAGE AND PROCESSING

1.         Personal data will be processed for the period necessary to achieve the purposes described above, i.e.:

a) until the completion of the recruitment process for the specified position,

b) in case of the consent to data process for the future recruitment processes carried out by the Administrator, until the consent is withdrawn, but no longer than 6 months after the end of the respective recruitment process,

c) each time after the end of the recruitment process for the duration of the limitation period for civil law claims in order to enable the defense against possible claims or the pursuit of claims if there is a risk that such claims will be brought by or against the Administrator, for a maximum period of 3 years after the end of the recruitment process.

2. The data may only be processed for a longer period for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) if it is likely that the erasure of the data would render impossible or seriously impair the achievement of the purposes of that processing.

V. RIGHTS IN RELATION TO PERSONAL DATA

You have the following rights in connection with the processing of your personal data:

a) the right of access to personal data;

b) the right to rectify personal data;

c) the right to request the deletion of personal data (unless certain regulations oblige the Administrator to keep the data);

d) the right to restrict the processing of personal data;

e) the right to data portability (in case of processing based on a contract or consent, if the processing is automated)

f) the right to object to the processing of personal data (on the basis of Article 6(1)(e) or (f), including profiling)

g) the right not to be the subject to a decision based solely on automated processing - the Administrator states that it does not process data on the basis of automated decision-making;

h) if the processing of personal data is based on your consent, you have the right to withdraw your consent at any time without affecting the lawfulness of processing based on consent before its withdrawal;

i) in case of unlawful processing of personal data, you have the right to make a complaint with the national supervisory authority for data protection, i.e. the President of the Personal Data Protection Office (ul. Stawki 2, 00-193 Warsaw).