Legal Notice and Data Protection

1. Responsible for the online job platform

Hamilton Services AG
Via Crusch 8
CH- 7402 Bonaduz
Switzerland

Authorised representative:
Gianina Viglino-Caviezel

Contact details:

+41 58 610 10 40
jobs@hamilton.ch

Registration in the commercial register:
Canton of Graubünden CH-350.3.012.490-8

Updated:
August 2023

 

2.   Applicants Privacy Notice

When you apply to a job at Hamilton, your personal data is collected and processed to take the steps necessary to evaluate your application. This privacy notice provides you with transparent information about the processing of your personal data.

This privacy notice applies to you as an applicant to our vacancies regardless of the way in which you submit your application (whether via Hamilton job platform, or via professional networks, or via email, or in paper form, or via recruitment agencies).

2.1. Data controller

The data controller (“we”, “us”, “our”) responsible for the processing of your personal data when applying for a job is the Hamilton entity you intend to apply to.

2.2. Source of personal data

There are various sources from which we may obtain your personal data. For example, we may receive your data directly from you, or from professional networks, or from third parties (e.g., human resources service providers, or universities, or recruitment agencies, or referrals).

2.3. Purpose of the processing and legal basis

As part of the application process, we may process your personal data for the following predetermined purposes and respective legal grounds:

  • Evaluate your application, skills, experience, and qualifications (the processing is necessary for (pre)contractual grounds);
  • contact you, for instance to set up interviews or to inform you about the progress of your application (the processing is necessary for (pre)contractual ground);
  • conduct background checks, if required or permitted by the applicable law (the processing is necessary for compliance with a legal requirement or based on out legitimate interest in evaluating your suitability for a particular position);
  • contact referrals provided by you in order to evaluate your previous performances (the processing is necessary for our legitimate interest in evaluating your suitability for a particular position);
  • create and operate an account for you in our job platform (the processing is necessary for (pre)contractual grounds);
  • store your application in the personnel files, in case of successful application (the processing is necessary for contractual grounds);
  • keep you up to date on our vacancies (the processing is based on your consent);
  • comply with legal requirements in the field of employment, social security and social protection law (the processing is necessary to comply with a legal obligation);
  • establish, exercise or defend ourselves from legal claims to which we may be subject to (the processing is necessary to comply with a legal obligation, or for our legitimate interest in protecting our and others’ rights).
  • reimburse travel expenses during recruitment, if agreed (the processing is necessary for (pre)contractual grounds);
  • improve our recruitment process (the processing is necessary for our legitimate interest);

The categories of personal data that, to these ends, we might process are for instance: CV (including images provided by you), motivation letter, reference letters, contact data (e.g., name, address, telephone number, e-mail address, home address etc.), identification data (e.g. date of birth, gender, nationality, identity card or passport, etc.), employment data (e.g., work history, current employment status, work or residence permit, etc.), education and qualification data (e.g., degrees, certificates, and other related documents substantiating your professional expertise), questionnaires and assessment results, background checks, health data (when permitted and/or required by applicable law).

If you wish to obtain further information about the processing of your data, please contact us as specified in the section “Contact for data protection requests” below.

2.4. Recipients of the personal data

Due to Hamilton’s companies structure certain services are handled centrally and, hence, your personal data might be accessed on a need-to-know basis by certain departments across the Hamilton companies. For all intragroup data transfers, we comply with the applicable data protection law.

To the extent required, and where there is a need-to-know, we share your data with relevant functions within the respective Hamilton company, such as the relevant manager or the works council.

Hamilton may also share your data for the abovementioned purposes with trusted partners. For instance, service providers who support us with recruitment services, email delivery, payroll, hosting and other IT services.

We may disclose your data to further recipients, such as private as well as public entities, including law enforcement agencies, data protection authorities, tax authorities, credit agencies, debt collectors, or other companies insofar as this is required or allowed by the applicable data protection law.

We only share your data to third-parties if there is a legal basis for the data transfer and appropriate data transfer mechanisms are in place.

2.5. International transfers of data

Your personal data might be transferred to third countries (including countries that provide an inadequate level of protection) only and to the extent that this is necessary for the fulfilment of the purposes described in this privacy notice, or there is a legal ground for the data transfer, and appropriate data transfer mechanisms are implemented.

Please be aware that our shared services hub for HR related topics is based in Switzerland. Some of our providers are based in the US and worldwide.

Please be aware that certain countries outside the European Economic Area, United Kingdom and Switzerland might not have the same level of data protection, whereby your rights might be restricted in these countries.

2.6. Data retention

We store the data you provide us for as long as this is necessary for the evaluation of your application. If you are unsuccessful, we will delete your data no later than six (6) months after the date of rejection of your application, unless you wish for your details to be included into our talent pool. For Romanian applicants, a different deletion period of three (3) years applies, regardless of whether they are included in the talent pool.

If you wish to be considered for future job opportunities at Hamilton, your data can be stored for a longer period, provided that we have obtained your explicit consent, which is completely voluntary and can be withdrawn at any time for the future by writing at jobs@hamilton.ch.

A longer retention period may apply if this is required by the law (e.g., in case of reimbursement of travel expenses).

2.7. Data subject rights

Depending on the applicable data protection law, you might have the right to:

  • access and receive a copy of your data;
  • rectification of your data;
  • erasure of your data;
  • limit the processing of your data;
  • object to the processing, especially if we process your data for our legitimate interest;
  • data portability;
  • lodge a complaint with a supervisory authority.

2.8. Contact for data protection requests and rights

If you wish to assert your rights, please contact us at dpo@hamilton.com. If you wish to write to our data protection officer in confidentiality, please use the contact details indicated in the section “Data Protection Officer” below.

2.9. Data Protection Officer

Our data protection officer for the EEA*, Switzerland and the UK is:

FIRST PRIVACY BV
Naritaweg 127-137
1043 BS Amsterdam
Netherlands

*For Hamilton Germany GmbH, Hamilton Benelux B.V. our data protection officer is:

rowidat GmbH
Lillweg 6
80939 Munich
Germany

*For Hamilton Central Europe SRL, our data protection officer is:

Marinescu Corina lawyer office, through av. holder Marinescu Corina, from the Timiș Bar Association
bv. Revolution 1989, no. 4, app. 16
300170 Timișoara, Timiș county
Romania

In case of questions related to the processing of your personal data please contact Hamilton at dpo@hamilton.ch. However, if you wish to write to our data protection officer in confidentiality, please address you letter to FIRST PRIVACY BV or rowidat GmbH or Cabinet avocat Marinescu Corina at contact details specified above.

2.10. Changes to the privacy policy

We reserve the right to update this privacy statement at any time. This section provides you with information about the privacy statement version history.

Version date
Version 1.0 August 2023

2.11. Use of cookies

To the top