1 PERSONAL DATA PROTECTION CHARTER
1.1 DEFINITIONS AND SCOPE OF APPLICATION
1.2 ACCEPTANCE OF THE CHARTER
1.3 PURPOSE AND LEGAL BASIS
1.4 COLLECTED DATA
1.5 DATA STORAGE PERIOD
1.6 DATA RECIPIENTS
1.7 DATA TRANSFERS OUTSIDE OF THE EUROPEAN UNION
1.8 RIGHTS OF THE CANDIDATES REGARDING THEIR DATA
2 GENERAL TERMS AND CONDITIONS FOR THE SUBMISSION OF A CANDIDATE APPLICATION
We understand that the protection of privacy and personal data is part of a candidate’s legitimate expectations. For this reason, we have established and implemented the current personal data protection charter (hereinafter referred to as “the Charter“) that describes how the personal data of candidates may be used within the scope of the candidates’ use of the Accor recruitment platform (hereinafter referred to as “the Platform“).
The Platform is managed by the Accor SA company, with its registered office at 82 Rue Henri Farman, 92130 Issy-les-Moulineaux, FRANCE.
Accor SA is the parent company of the Accor Group. The Company has opted to implement the Platform for more effective and simplified recruitment procedural management for (i) entities of the Accor Group (namely, Accor SA and any of its subsidiaries, affiliated companies or directly or indirectly controlled entity) and (ii) other entities performing their activities under an Accor Group brand (namely, entities that have entered into a franchise or management agreement with an Accor Group entity). This recruitment can be managed directly by the employees of the concerned entities.
The Charter thus applies to candidates for jobs at an Accor Group entity or an entity that has entered into a franchise or management agreement, whether pertaining to external candidates or internally mobile employees. For the purpose of this Charter, all such persons will be referred to indiscriminately as “the Candidates“.
PLEASE NOTE: Accor SA has defined the functional characteristics and techniques of the Platform and ensures the maintenance of its operational conditions in the interest of the Accor Group. The company is thus considered the data controller.
Each entity that uses the Platform to assist in recruitment activity (hereinafter referred to as the “Recruiting Entity”) in turn becomes a data controller, insofar as such entity alone determines and is accountable for the data to collect and the manner in which such data are used to perform its recruitment activities based on the particulars of the corresponding local laws and regulations in this regard.
For the purposes of this Charter, the terms “personal data”, “processing”, “recipient”, “processor” shall be construed as defined in the General Data Protection Regulation (GDPR) [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].
The term “personal data” shall therefore mean any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of such natural person.
Candidates must read the Charter carefully so that they are informed about the nature of the personal data that Accor SA and the Recruiting Entity hold about them and also how such data are used.
Accor SA, when not acting as a Recruiting Entity, processes the personal data of Candidates based on its legitimate interest consisting of (i) operating a platform to allow entities of the Accor Group and other entities operating under the Accor Group brand to more effectively manage their recruitment activities, (ii) sharing offers and issuing alerts upon the Candidate’s request, (iii) managing and ensuring the follow-up of the Candidate accounts and (iv) creating statistics.
Every Recruiting Entity processes Candidate personal data based on its own legitimate interests, consisting of managing its recruitment, selecting the profiles of Candidates matching job vacancies, verifying their qualifications and capabilities of performing the job at issue, and taking pre-contractual measures upon the Candidate’s request.
During the use of the Platform, certain fields are marked as mandatory. These fields are thus a prerequisite for acceptance of the candidate applications. The application will not be processed if a Candidate fails to submit the information at issue.
The Candidates are free to decide whether or not to provide the requested information in the fields marked as mandatory. The relevant information could nevertheless limit the Recruiting Entity’s ability to consider an application during the recruitment process.
Depending on the particularities of the corresponding local laws and regulations, the Recruiting Entities can use the Platform to collect the data necessary to assess the Candidate’s qualifications for the job on offer. The data could particularly concern:
Identity and contact information of the Candidate: full name, gender, date and place of birth, nationality, contact information (address, personal telephone number, e-mail address), photographs and, more broadly, any identification element that Candidates normally provide in their curriculum vitae;
Education, training and career of the Candidate: diplomas and training certificates, previous professional experience, spoken foreign languages, geographical mobility and, in more generally, all pertinent information that Candidates normally provide in their curriculum vitae;
Any additional information provided by Candidates when submitting their applications that could particularly be indicated in their curriculum vitae or cover letter;
Depending on the recruitment procedure in place at each Recruiting Entity and the corresponding local laws and regulations, information obtained from third parties: evaluation reports from recruitment agencies, verifications of references regarding the professional environment or background checks, whenever necessary, appropriate and lawful.
When Candidates use the mobile version of the Platform, Accor SA processes their geolocation data after obtaining consent to do so.
The Recruiting Entities store Candidate personal data for the period necessary to fulfil the purpose contemplated in the present Charter and in accordance with the applicable legislation in force.
In any event, personal data in a Candidate’s account are stored for 3 months following the creation of the Candidate’s account. This period could be renewed for the same duration upon acceptance by the Candidate.
Candidates may also deactivate their accounts at any moment with the “Delete account” function.
Candidate personal data are intended for:
- qualified personnel at Accor SA in charge of the management and operational maintenance of the Platform and Candidate accounts;
- sub-contractors to whom Accor SA may commission to manage the Platform;
- qualified personnel involved in the recruitment process at the Recruiting Entity that posted the offer;
- upon the Candidate’s acceptance, Recruiting Entities capable of reviewing the Candidate’s file and inviting the Candidate if they have similar positions to fill;
- external recipients involved in the recruitment process for the Recruiting Entity;
- local or foreign public authorities in the context of official requests, for national security purposes or where required by law.
For the sake of simplifying the Candidate’s identification on the Platform without any need to complete sign-up forms or automatically fill in the data necessary for their application, Accor SA proposes a system on the mobile version of the Platform to connect to social media and import data from such network. Candidates using these functional features expressly authorise Accor SA to access public data from their corresponding social media account (e.g. LinkedIn) and other data mentioned during the use of these functional features.
For the purposes indicated in this Charter, Candidate personal data may be transferred to entities who may be in countries providing levels of personal data protection that differ from the ones provided in Europe.
Accor SA secures the transfers of personal data outside of the European Union, at its initiative and when such transfers do not fall within one of the exceptions contemplated by the applicable regulation, by implementing appropriate measures, namely standard European Commission-type contractual clauses or the certification of recipients under the Privacy Shield mechanism when established in the USA.
Each Recruiting Entity is responsible for implementing the same measures with a view to securing data transfers outside of the country where it is established, as the origin, depending on the needs and requirements of local regulations.
Candidates have the right to obtain information and access their personal data that Accor SA and the Recruiting Entities collect.
Candidates also have the right to rectify, delete or limit the processing of their data. Candidates also have the right to data portability and to issue instructions to process data after their death (referred to as “post-mortem” directives). Candidates may also object to the processing of their data. These rights can only be exercised when they do not undermine the proper performance of the contract or agreement between the Candidate and a Recruiting Entity. Candidates can exercise their rights by contacting:
- The generic address firstname.lastname@example.org, particularly for all processing of data specifically linked to the use of the Platform and the management of the Candidate account;
- The reference person at the Recruiting Entity where the application was made, particularly for all data processing performed by this entity during its recruitment procedures (definition of collected data, use of these data, recourse to third parties within the context of the procedure, etc.).
To ensure confidentiality and the protection of the Candidate’s personal data, it is necessary to be able to identify such data in order to address to their request. To do so, in the event of any reasonable doubt about the identity of a Candidate exercising the rights, the Candidate may be asked to attach a copy of an official identity document such as an identity card or passport. All requests will be processed as soon as possible and in accordance with applicable law.
Finally, Candidates may also lodge a complaint with a supervisory authority (list of supervisory authorities in the European Union:
http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm) or contact the Accor Group’s Data Protection Officer at: email@example.com
Candidates must already have their administrative status in such manner that they should already be legally authorised to work in the country where they are applying, although hiring conditions may vary according to the applicable regulations and are nevertheless subject to the Recruiting Entity’s corresponding local laws and legislation.
The accuracy of the information provided by the Candidates is vital, since such information enables a swift and effective connection to the Recruiting Entities. The Candidate receives an e-mail confirmation that the application was admitted for processing. Where appropriate, the Candidate is also directly contacted by the Recruiting Entity to follow up on the recruitment procedure.
Accor SA reserves the right to deactivate or delete a Candidate account at its own discretion, immediately and without any further formality, particularly in the case of:
- usage of the Platform that fails to comply with the current general conditions;
- unauthorised connections, particularly for the fraudulent use of the Platform or identity theft;
- submission by a single Candidate of over fifty applications on the Platform within thirty days.
Accor SA accepts no liability regarding the potential consequences of deactivating or deleting a Candidate’s account.
The Charter and general terms and conditions for the submission of an application are subject to changes and developments.
The valid versions of the Charter and general terms and conditions for the submission of an application are always posted on the Platform.