Recruitment Privacy Notice
This Recruitment (Privacy) Notice applies to all persons who apply or are likely to apply for jobs at Emtel in order to provide to the said persons with all relevant information pertaining to the collection/processing of their personal data when they apply for jobs at Emtel.
Emtel has ensured that all its relevant préposés who interact or otherwise deal with the personal data of job applicants are responsible for ensuring that:
a) this Recruitment (Privacy) Notice is drawn to the attention of the applicants when processing the latter’s personal data; and
b) they obtain the consent of the said applicants prior to the processing of their data wherever consent is required under the DPA.
2. Privacy Statement
2.1 What personal data of job applicants does Emtel process?
All the personal data Emtel collects from job applicants will be used for the purpose of assessing the suitability of the applicant and should the applicant be successful in his or her application and that Emtel offers him or her a job, Emtel will collect all personal data that are necessary for the preparation of a contract of employment.
In any event, Emtel is committed to ensuring that the information it collects and uses is appropriate for the purpose for which it was collected, and does not constitute an invasion of the applicants’ privacy.
Emtel will only ask questions relevant to the application. Moreover, the personal information collected from the applicants will be subject to adequate measures and procedures to minimise the risk of unauthorised access or disclosure.
Emtel will ask and obtain explicit written consent from job applicants before processing any special categories of personal data on them.
Special categories of personal data are information about racial origin, ethnic origin, political opinion, religious belief, philosophical belief, trade union membership, genetic data, biometric data, health data, criminal record, data concerning sex life and/or sexual orientation.
Where asking special categories of personal data from job applicants, Emtel will always tell them why and how the information will be used.
As a rule, Emtel will not ask job applicants information about their special categories of personal data save and except when it is necessary to assess whether the applicant is medically fit for the job applied for and/or where the applicant’s criminal record is relevant given the nature of the job applied for.
When applicants have been requested to and do submit written explicit consent, they will be informed that they have the right to withdraw their consent at any time by informing Emtel and/or its Data Protection Officer in writing of their wishes to withdraw their consent without having to assign any reason for their decisions.
Emtel may exceptionally process special categories personal data of job applicants without their explicit written consent if such processing is required by law, for compliance with a Court order, for determining whether the said applicants are medically fit for the jobs applied for, for protecting the legitimate interests of Emtel should the latter need to defend civil claims including but not limited to complaints instituted under the Equal Opportunities Act or where the information is already in the public domain.
2.3 Disclosure and transfer
Emtel may pass on personal data of job applicants to third-party service providers for specific purposes. Any third parties, with whom Emtel may share personal data of job applicants, are obliged to keep the same securely, and to use them only to fulfil the service they provide to Emtel. When they no longer need the said data to fulfil this service, they will dispose of the details in line with the company procedures.
Save and except as provided at clause above, Emtel will not pass on the personal data of job applicants to third parties unless such disclosure is necessary for the processing activities of Emtel in furtherance of a contractual relationship to which Emtel and the said applicants are privy.
As a rule, Emtel will not transfer the personal data of job applicants to another country or to another company within Emtel’s group unless the applicants have consented to.
Furthermore, Emtel will not transfer the personal data of job applicants to a different country without having carried out an adequacy test as explained in the General Data Protection Policy and informed the applicants concerned about the adequacy of protection afforded to the personal data in that country.
2.4 Report of Breach
Whenever Emtel is on notice that a breach of personal data has been committed or reasonably suspects that a breach of personal data is likely to be committed, Emtel shall as soon as reasonably practicable inform the relevant supervisory authority about the same. The job applicant concerned shall also be informed about the same especially where such a breach is likely to impact on the rights and freedoms of the said applicant.
2.5 Retention Period
Emtel will store the personal data of job applicants for no longer than is required for the purpose for which it was initially collected. Notwithstanding the foregoing, Emtel may store the personal data of job applicants for such period as may be necessary for Emtel’s compliance with legal obligations and for Emtel’s legitimate interests such as the defence by Emtel of legal claims that may be brought against it.
2.6 Rights of job applicants
At any point while Emtel is in possession of and or processing the personal data of job applicants, the latter shall have the following rights:
- Right of access – a job applicant has the right to request a copy of the information that Emtel holds about him or her.
- Right of rectification – a job applicant has the right to correct data that Emtel holds about him or her that is inaccurate or incomplete.
- Right to be forgotten – in certain circumstances a job applicant can ask for the data Emtel holds about him or her to be erased from its records save and except if the retention of the data is necessary by law and/or necessary for the legitimate interests of Emtel (e.g. retention of 10 years in order to defend possible civil claims that can be brought within the civil prescription time-line).
- Right to restriction of processing personal data of a job applicant.
- Right of portability – a job applicant has the right to have the data Emtel holds about him or her transferred to another organisation.
- Right to object – a job applicant has the right to object to certain types of processing.
- Right to object to automated processing – a job applicant also has the right not to be subject to the legal effects of automated processing.
- Right to complain: in the event that Emtel refuses to accede to a request under rights of access, Emtel will provide a reason as to why. In such a case, the job applicant has the right to complain as outlined in clause below.
In the event that a job applicant wishes to make a complaint about how his or her personal data is being processed by Emtel, or how his or her requests under clause above have been handled, the applicant has the right to lodge a complaint directly with the relevant supervisory authority and the Data Protection Officer.
The Emtel Data Protection Officer can be contacted at:
- Email address: email@example.com
- Postal address: Emtel Ltd, EmtelWorld, 10, Ebene Cybercity, Ebene 72201, Mauritius
The supervisory authority in Mauritius is the Data Commissioner of the Mauritius Data Protection Office whose contact details are as follows:
- Postal address: 5th Floor, SICOM Tower, Wall Street, Ebène, Mauritius
- Telephone number(s): +230 460 2051
- Email Address: firstname.lastname@example.org
2.8 What does Emtel hold about job applicants?
At any point in time, job applicants can find out the personal data that Emtel holds about them.
Upon a written request being received from a job applicant, Emtel can confirm what information it holds about that applicant and how it is processed. Where Emtel holds personal data about a job applicant, the latter can request the above from Emtel who will provide the information in accordance with the provisions of the Data Protection Act.
When making a written request to Emtel pursuant to this clause , the job applicant will need to provide to Emtel an appropriate form of identification (“ID”) in order to access to the information, set out above. An appropriate form of ID is either a National Identity Card or a passport (provided the same has not expired).
3. Changes to this Notice
This notice was last updated on the 08/11/2021. We may change this policy by updating this page to reflect changes in the law or our privacy practice.