Notice on processing of personal information for ground staff recruitment in Area 1 ( North and South America)

Cargolux International Airlines S.A., Luxembourg Airport, Luxembourg (hereafter referred to as “Cargolux” or “we”) is committed to the protection of your personal information in accordance with data protection legislation, especially the EU General Data Protection Regulation 2016/679 (known as “GDPR”), California Privacy Rights Act of 2020 (known as “CPRA”), the California Consumer Privacy Act of 2018 (known as “CCPA”), Personal Information Protection and Electronic Documents Act from Canada (“PIPEDA”), and the Brazilian General Data Protection law (“LGPD”), as the principal legislative framework on data privacy and data protection for the Americas (“Area 1“). Cargolux abides, at all times, by the rules set out in the GDPR and all other data protection legislation which are applicable to our branches and subsidiaries. 
This Notice for recruitment is intended to inform candidates who apply for a position at Cargolux offices in Area 1 (“you”) on the processing of their personal information.

Please be informed that the duration, nature and purposes of the processing, as well as the type of personal information collected in the scope of the recruitment process may vary according to the nature of the position to which you are applying. 

Cargolux is responsible as data controller for collecting and processing your personal information in relation to your application for a position at Cargolux and our recruitment process.

We collect and use your personal information to the extent necessary in relation to our recruitment process and to ensure that your application can be considered by the relevant Cargolux department(s).
We may collect various types of personal information that you decide to or are requested to submit in relation to your application for a particular job position, including:

Identification information: name, date and place of birth, nationality, ID information, driving license information, contact details, address, telephone, email, country, or other con-tact information)

Job application information: CV, cover letter, previous work experience, education, additional qualification, or other information regarding your professional qualification and experience, additional skills and abilities, professional interest, details of your right to work in the concerned country, type of employment sought, desired salary, job preferences, etc.

Names and contact details of referees and knowledge of a person among our staff or management (relative or contact person). Prior to providing personal information of any data subjects, you must inform them about the content of this note and ensure that they do not object to the processing of their personal information by Cargolux.

We do not usually require from job applicants to include any special categories of information (racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic information, biometric information for the purpose of uniquely identifying a natural person, information concerning health or information concerning sex life or sexual orientation) or any judicial information (e.g. criminal records) as part of the job application documentation. However, such processing may take place in specific circumstances where required to fulfil the obligations and exercise the rights of Cargolux or yours, in accordance with applicable labor law or in the interest of social security and social protection, to the extent that it is authorized or required by law.

We may also collect information about you (your full name, email, work history, and other information included on your profile) from publicly accessible sources, such as LinkedIn.

We collect and use your personal information for the following purposes:

To assess your skills, qualifications and interests against our career opportunities, to main-tain our relationship during the recruitment process, including by calling you and inviting you to interviews, exchange of offers and terms of employment, etc.;

to verify your information, to run our internal compliance and conflict checks and to conduct reference/background checks;

to communicate with you and, if applicable, to inform you of other career opportunities;

for security and protection of our organization, IT networks and Cargolux data;

to improve our recruitment process; and

to defend ourselves in any legal or court proceedings.

Cargolux will only process your personal information where we have a legal basis for doing so. In the frame of the recruitment process, we process your personal information on the following basis:
Pre-contractual measures necessary to establish a contractual relationship with you; pursuing our legitimate interests, including to ensure that our company’s IT networks and da-ta are secure, to manage our recruitment process; to keep records of the recruitment process, to prevent conflicts of interests and confidentiality issues and to protect our interest and rights in the event of suspected, investigated or actual violations of applicable law.

For the purposes of the recruitment process, your personal information may be shared internally on a strict need to know basis, with members of the Cargolux human resources department, interviewers involved in the recruitment process and management in the business area with a vacancy.

We may also communicate your personal information to:

Service providers (such as recruitment agencies) that perform services on our behalf;

Certain software that enable you to apply and transfer documentation to us;

Law enforcement or other government and regulatory bodies or agencies, upon request and to the extent permitted by law;

Certain regulated professionals such as lawyers or auditors.

We may process personal information in view of filling vacancies based outside the EU/EEA, as well as use third party providers to deliver our services and this may involve transfers of your personal information to countries outside of the EU/EEA. In case of international transfers to a country outside the EU/EEA, the transfer may occur where the European Commission has decided that the receiving country ensures an adequate level of data protection. For transfers to countries for which the level of protection has not been recognized as adequate by the European Commission, we will implement appropriate safeguards provided for by data protection law (e.g. entry into standard data protection clauses) or rely on a derogation applicable to specific situations.

The processing of your personal information is carried out through IT, electronic and manual tools, with logics strictly related to the aforementioned purposes and, in any event, in compliance with the appropriate technical and organizational measures required by law to ensure a level of security that is adequate to the risk, in order to avoid unauthorized loss or access to your information.

Unless applicable laws and regulations provide otherwise, if your job application is unsuccessful, we will retain your personal information for up to 4 years, or immediately upon request in order to comply with EEOC (Equal Employment Opportunity Commission). Some data would be kept for an extended period of four years. year after the end of the relevant recruitment process. At the end of that period, or once you opposed to your personal information being processed, your personal information will be anonymized, deleted or destroyed.

Note that in case you are selected for the job position you have applied for, the above categories of personal information will continue being processed as part of your employment. In that case, you will receive a separate Notice on processing of personal information in the context of your employment.

In accordance with the applicable data protection legislation (and subject to conditions and re-strictions set forth therein), you may exercise at any time the following rights in relation to your personal information:
Under data protection laws you have several rights. Please find below a brief description of your rights:

Right to Know/to be Informed: You have a right to know what personal information we collect about you, including: the categories of (sensitive) personal information, the categories of sources from which the personal information is collected, the business purpose for such collection, sharing or selling, the categories of third parties to whom the personal information is disclosed to, and your rights specific to personal information processing. 

Right to Access: You have the right to question us about any information we have regarding you, and to request access to it. Examples of information that you have access to include the purpose of the processing, and the categories of the information collected.

Right to Data Portability: You have the right to ask that we transmit some of your information to another business. 
Right to Rectification: If you believe that any of your personal information is incorrect or inaccurate, you have a right to ask that we correct it. 

Right to Deletion: You have a right to request us to erase any personal information concerning you. Please keep in mind that this is not an absolute right, as we may be required by law to process certain personal information from you.

Right to not to be subject to Discrimination: You have a right to not be subject to discrimination because you exercised any of the rights under the CCPA, CPRA or LGPD. 

Objecting to Processing: You have a right to object to the processing of certain types of your personal information collected by us.

Right to limit the use and disclosure of Sensitive personal information: You have a right to request not to sell or share your personal information with a third party. 

Right to lodge a Complaint:  You have the right to file a complaint with your relevant country’s Data Protection Authority (this right applies to California (US), Canada and Brazil) in case you are dissatisfied with the handling of a request or a complaint.

Right to Anonymization, Blocking or Deletion: You have the right to anonymization, blocking or deletion of unnecessary or excessive data or data processed in noncompliance with the provisions of LGPD (this right applies to recruitments in Brazil).

If you have any questions in this regard, or if you wish to exercise your rights as a natural person, you can contact the Cargolux Area 1 Human Resources department at [email protected].  
You have the right to lodge a formal complaint with the relevant Data Protection Authority (in Luxembourg, Commission Nationale pour la Protection des Données “CNPD”; in California, California Privacy Protection Agency through this form; in Canada, Office of the Privacy Commissioner of Canada; in Brazil, Autoridade Nacional de Proteção de Dados).”

Changes may occur in the way we process personal information. In case these changes oblige us to update this Notice, we will clearly communicate it to you, either via our website or via other appropriate means. The latest applicable version will always be available on our website.