Candidate Privacy Notice (“the Notice”)
Actavis Malta Limited (C 41650) having its registered office at BLB 016, Bulebel Industrial Estate, Zejtun, ZTN 3000 (herein after “the “Company”; “we”, “us” or “our”) is a “data controller”. This means that we are responsible for deciding how we hold and use personal information (i.e. “personal data”) about you. The purpose of this Notice It makes you aware of how and why your personal data will be used, namely for the purposes of the recruitment exercise, and how long it will usually be retained for. It provides you with certain information that must be provided under the Data Protection Act (Chapter 440 of the Laws of Malta) and the General Data Protection Regulation (Regulation (EU) 2016/679) (herein, cumulatively, “Data Protection Laws”)
The kind of information we hold about you
In the Application Form you shall be requested to provide the following information:
• The position in our company you are applying for;
• Your name and surname;
• Your address;
• Your ID Card Number;
• Your date of birth;
• Your gender;
• Your telephone numbers, including your home telephone number and mobile number;
• Your email address;
• Your nationality;
• Your preferred employment basis;
• Whether any of your relatives work at Actavis;
• Your educational background and your academic qualifications;
• Your work experience;
• Contact details of an employer who we can contact for a reference;
• A copy of your CV and copies of your qualifications should you wish to provide them.
In the event that you are selected for the position in relation to which you submit your Application Form, you shall also be requested to:
• Provide a copy of your police conduct certificate; and
• Undergo a pre-employment medical screening test to assess your fitness to work.
These are considered to be special categories of personal data under Data Protection Laws and we are mindful that such personal data should be treated appropriately.
We shall not keep a retain a copy of your police conduct certificate in file and shall only note that you have presented it to us and its contents, unless we have an obligation at law to retain a copy. As regards the pre-employment medical test, this is necessary for us to be able to ensure that you are fit for the position for which you have applied and to ensure that we can provide you with a safe working environment. This medical test is carried out by a certified medical professional who is subject to a duty of confidentiality. We shall not in any way know the details of the medical test except whether or not you are fit for the particular job for which you are applying and any medical condition which we have to know about in order to be able to ensure your safety during your employment with us.
How is your personal information collected?
In addition to the above information which you provide to us in the Application Form, we may also collect personal data about you from the following sources:
• Your named referees;
• Your previous employers; and
• Professional networking sites (as publicly available sources), most commonly LinkedIn.
We may also collect your personal data, in particular your name surname, CVs, work history, education history and contact details from recruitment agencies who assist us in the recruitment process (“Recruitment Agencies”). In particular we make use of the following recruitment agencies:
• Konnekt Search & Selection Ltd
• Keepmeposted Limited
• Tempsinmalta operated by TIM Limited
• Seek Limited
• Manpower Group
How we will use information about you
We will use the personal information we collect about you to:
• Assess your skills, qualifications, and suitability for the position you apply for (as applicable).
• Communicate with you about the recruitment process.
• Set up interviews and follow-up interviews
• Keep records related to our hiring processes.
• Comply with legal or regulatory requirements.
• It is in our legitimate interests to decide whether to appoint you to the job or role (as applicable) since such an appointment would be beneficial to our business.
• We also need to process your personal information to decide whether to enter into a contract of employment or other working relationship with you.
• Upon receipt of the Application Form and any other documentation which you may provide, we will then process that information to decide whether you meet the basic requirements to be shortlisted for the position you applied for. If you do meet the basic requirements for the position, we shall decide whether to contact you for an interview or follow-up interview using the contact details which you provide in the Application Form.
• After your interview or follow-up interview you shall be informed whether or not you have been accepted to the position you have applied for. Once we confirm that you have been selected for the position, you shall be requested to provide a copy of your police conduct certificate as well as undergo a pre-employment medical screening test in accordance with this Notice.
• Your application shall be processed by an employee within our Human Resources department and shall not be subject to solely automated processing.
If you fail to provide information when requested, which is necessary for us to consider your application we will not be able to process your application successfully.
Why might you share my personal information with third parties?
We will only share your personal information with Actavis ltd and Actavis International, our Recruitment Agencies in cases where we have received your candidate information from them and our recruitment software provider Talexio.
We only permit them to process your personal data for specified purposes and in accordance with our instructions.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to top-level management, designated HR personnel, your team leader or supervisor and strictly only those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. Details of these measures may be obtained from our Data Protection Officer().
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
How long will you use my information for?
In the case of an unsuccessful application, we will retain your personal information for a period of three (3) years after we have communicated to you our decision about whether to appoint you to the job. We retain your personal information for that period so that we can show, in the event of a legal claim, that we have not discriminated against candidates on prohibited grounds and that we have conducted the recruitment exercise in a fair and transparent way. This 3-year period constitutes covers the applicable prescriptive period under the Employment and Industrial Relations Act (Chapter 452 of the Laws of
Malta) and, in addition, the prescriptive period relating to potential claims for damages. After this period, we will securely destroy your personal information in accordance with our data retention policy.
If, however, you wish us to retain your personal information on file for a fixed period of three years following an unsuccessful application, on the basis that a further opportunity may arise in the future or that we may decide to reconsider or revisit your application, you are kindly requested to provide your explicit consent to this at the end of this Notice. In the absence of your consent, we will not retain your personal information past the one-year period mentioned in the previous paragraph.
In the case of a successful application, this information will be processed as part of your employment or working relationship with us and its processing will be as detailed and described in our privacy notice for employees, workers and contractors. A copy of our employee privacy notice shall be provided with your employment contract.
Rights of access, correction, erasure, and restriction
Your rights in connection with personal information
Under certain circumstances, by law you have the right to:
• Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it. You may send an email to the DPO (*) requesting information and a copy of the personal data about you which we process. You shall receive one copy, free of charge and via email, of your personal data which is undergoing processing by us. Any further copies shall incur a charge of €5.
• Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
• Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
• Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
• Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
• Request the transfer of your personal information to another party.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact our data protection officer(*) in writing, via the following details (*).
Data protection officer
We have appointed a data protection officer(*) to oversee compliance with this Notice. If you have any questions about this Notice or how we handle your personal information, please contact the DPO on (*). You have the right to lodge a complaint at any time to the competent supervisory authority in your jurisdiction on data protection matters. In the case of Malta, this is the Information and Data Protection Commissioner (“IDPC”) (https://idpc.org.mt/en/Pages/Home.aspx).
If you have any questions about this Notice, please contact our data protection officer at [*].
If you would like us to retain your personal information in case of an unsuccessful application in order to be able to contact you if a position for which you may be qualified becomes available, please tick the box below. You application shall be retained by us for a further period of three years after the expiry of the 3 year retention period.
*We are in the process of assigning a DPO, details of which will be communicated in due course.