Privacy Policy Smart Recruiters

Privacy Policy Smart Recruiters

Introduction 

Fusion Consulting AG (“the company”) is committed to protecting and respecting the privacy of all individuals. We strive to ensure accountability and transparency in handling your personal data. For purposes of this Notice, the company refers to the applicable entity processing personal data. This privacy notice (“Privacy Notice”) describes how and why the company collects and uses personal data in connection with our recruitment activities. It applies to individuals applying for employment with the company or those making an application on behalf of a candidate (such as recruitment agencies). If your application is successful, we may conduct pre-employment screening checks as part of our onboarding process. Depending on the role and its location, these checks may include criminal records checks (when permitted by and subject to applicable legislation).

Collection of Personal Data 

The company collects the following personal data in connection with our recruitment activities:

Provided by You:

  • Contact details (name, address, email, telephone number, place of living).
  • Photographs to verify your identity.
  • Username and password to create an account with the company in order to apply for a role.
  • CV, experience, employment history, education, academic and professional qualifications.
  • Information about your current level of remuneration and/or salary expectations.
  • Information provided as part of interviews and assessments.
  • Diversity and equal opportunities data (where permitted/required by local law and provided voluntarily).
  • Data for right-to-work checks (where applicable).
  • Communication preferences, including your preferred method of contact (e.g., email, phone, WhatsApp, text message).

Created by the Company:

  • Interview notes.
  • Assessment results and feedback from online and face-to-face assessments/tests.
  • Employment offer details.

Collected from Third Parties:

  • Recruitment platform (SmartRecruiters) and websites, including LinkedIn or other job boards/social networks, where the company collects your credentials to automatically gather your public profile data to build your candidate profile. Your credentials are not stored in the company’s system. If you registered through LinkedIn with the same email as in SmartRecruiters, our recruiters can access your LinkedIn public profile via SmartRecruiters.
  • References from your named referees.
  • Information from your referrer (where applicable).
  • Verification of information provided during the recruitment process through relevant third parties or publicly available sources.
  • Information from social media sites about your engagement with our recruitment campaigns.

Use of Personal Data 

The company processes personal data to attract and secure the best talent, as follows:

  • To attract talent and market opportunities at the company, including through events, marketing, advertising, and the use of recruiters.
  • To identify and source talent by searching our existing talent pool and publicly available sources (e.g., social media and job websites).
  • To process and manage applications for roles at the company and evaluate you for open positions matching your interests and experience.
  • To screen and select talent by evaluating your suitability for employment, including interviews and assessments.
  • To hire and onboard talent by making offers of employment and conducting pre-employment screening checks.
  • To conduct statistical analyses and create internal reports related to our recruitment activities.
  • To administer and manage our recruitment tools, including SmartRecruiters.
  • To communicate with you about your application and other relevant opportunities through your preferred communication channels (e.g., email, phone, WhatsApp, text message).
  • To make reasonable adjustments to our selection processes (including using health and other special category data).
  • For any other purposes stated when you provide your personal data.

Legal Basis 

This processing is necessary for the legitimate interests of managing our recruitment process, including assessing and confirming suitability for employment.

Where applicable, the company carries out pre-employment screening checks for the following purposes:

  • To comply with legal obligations ensuring eligibility to work in the country of employment and to report information to relevant authorities as part of the company’s sponsored visa applications.
  • For the company’s legitimate interest or that of a third party in carrying out pre-employment screening, including background and criminal records checks, depending on the role.

When permitted by applicable legislation, the company collects and uses information about race, gender, nationality, biometric data, and health data for the following purposes:

  • Managing our recruitment process and confirming suitability for employment.
  • Identifying or reviewing equality of opportunity or treatment.
  • Fulfilling obligations under employment, social security, social protection law, and health care purposes, including making reasonable adjustments and providing relevant support if your application is successful.
  • If necessary, for the establishment, exercise, or defense of legal claims.

Automated Decision-Making 

When you apply for a role, resume parsing tools (Textkernel) scan your resume and extract relevant information into our Applicant Tracking System (SmartRecruiters). Your application information is compared to the job advert you applied to, and a score is calculated. Each application is scored relative to the specific job, so if you apply for multiple jobs, each will have an independent score.

On occasion, the company may utilize online testing and assessment. Your scores and the results of these assessments are reviewed by recruiters who manually progress or reject applications. The company does not use solely automated decision-making for recruitment of our positions.

Sharing Personal Data and Locations of Processing 

Personal data processed by the company in connection with our recruitment activities may be transferred to:

  • Other company affiliates, particularly the entity that posted the position and other member companies if they are recruiting for a role that matches your interests and experience.
  • Service providers who assist with the design, maintenance of our internet-based tools and applications, reporting, and statistics, as well as recruitment process outsourcing partners.
  • Third-party organizations that provide background checking, pre-employment screening, data processing, or IT services to the company.
  • Employment agencies or recruiters acting on your behalf.
  • Government and regulatory agencies as required by law.

Service providers receiving personal data are required by contract to use it only to perform services on the company’s behalf and to protect its confidentiality and security. For data collected in the EEA, UK, or Switzerland, the company requires an appropriate transfer mechanism to comply with applicable law, governed by agreements based on the EU-US Data Privacy Framework, the CH-US Data Privacy Framework or with standard data protection clauses adopted by the European Commission or other government administrations.

Data Retention 

The company retains personal data processed in connection with our recruitment activities as follows:

  • Successful applications: Relevant personal data is retained as part of your employee record.
  • Unsuccessful applications: Personal data is retained for a reasonable period (as per statutory legal requirements) to deal with any matter arising from your application or future applications, and to contact you about other relevant opportunities (unless you ask us not to). Interview notes are also retained for quality assurance.
  • Talent community pool: Personal data is retained as long as you are a member.
  • Breaches of recruitment policies: The company may retain information about breaches and your application for a period deemed reasonable to safeguard the integrity of the company and its recruitment processes.

Your Rights 

Please let us know if any of the personal information we hold about you changes, so that we can correct and update our records.

If you reside in the EEA, UK, or Switzerland, you have the following rights under the EU-GDPR, the Swiss FADP or equivalent laws:

  • Right of Access: Access to personal data held by the company.
  • Right to Rectification: Correcting inaccurate or incomplete personal data.
  • Right to Data Portability: Requesting a copy of certain personal data in a structured, machine-readable format.
  • Right to Erasure: Deleting personal data under certain circumstances.
  • Right to Restrict Processing: Restricting the processing of your personal data under specific conditions.
  • Right to Object: Objecting to our processing based on legitimate interests.
  • Automated Profiling: Right to challenge automated decision-making that has legal or significant impact.
  • Withdrawal of Consent: Withdrawing consent where processing is based on consent, without detriment at any time by contacting the company.

Some rights may be subject to limitations, including (1) where fulfilling your request would affect other individuals, trade secrets, or intellectual property; (2) for overriding public interest reasons; or (3) where the company is required by law to retain your data.

Questions, Concerns, and Complaints 

For any questions or concerns about how the company uses your personal data, you can contact our Data Privacy Officer at [email protected]. You also have the right to lodge a complaint with the relevant supervisory authority in your jurisdiction.