- This policy has been drafted in accordance with (i) French Law No. 78-17 of January 6, 1978 on computer science, files and freedoms and French Law No. 2018-493 of June 20, 2018 on data protection; and (ii) 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, and repealing Directive 95/46/EC (General Data Protection Regulation) (the “GDPR”).
- Natural persons have a fundamental right to protection with regard to the processing of personal data.
- Akuo Energy diligently complies with data protection regulations, particularly those concerning the personal data of job applicants.
- This Akuo Energy policy contains transparent information on the processing operations we perform when we collect personal details from you on our recruitment and contact page, when we consider your application for a position within the Akuo Group or when we contact you to propose products and services offered by the Akuo Group.
- We ensure that the information you provide to us or that we collect through other channels (via our website or from our colleagues) is used exclusively for the purposes set out in this policy.
- This policy applies to applicants who submit an unsolicited job application or apply for a job position advertised by the Akuo Group, and to people who request information about our products or services (prospects or contacts of the Group) by any means. Any references we request will be requested in accordance with the regulations in force (with the prior consent of the applicant, prospect or contact). This policy therefore also applies to the referees of applicants whose personal data we may collect when considering job applications. Unless stated otherwise, the term “you” is used to refer collectively to the above groups of people.
- If you consent solely to the processing of personal data when you submit a job application, we will only process data relating to the recruitment process (as set out in Article 2 of this policy). Similarly, if you consent solely to the processing of the personal data entered on your contact form, we will only process your contact details (as set out in Article 2 of this policy).
Article 1. Definitions
- “Personal Data”: any information concerning an identified or identifiable natural person.
- “Processing”: any operation or series of operations that may or may not be performed via an automated process and that concerns personal data or sets of personal data, such as collection, storage, organization, structuring, retention, adaptation, modification, extraction, consultation, use, transmission, circulation or other form of delivery, reconciliation, interconnection, restriction, erasure or destruction.
- “Purpose”: the purpose for which personal data are processed, as set out in Article 3.
- “Data Controller”: Akuo Energy SAS (Akuo Energy), which will state the purpose for which personal data are to be processed and the means that will be used to do so.
- “Recipient”: a natural or legal person, public authority, agency or another body, to which personal data are disclosed, whether a third party or not, as set out in Article 8 below.
- “Processor”: any entity that processes personal data on behalf of and as instructed by the Data Controller.
- “Data Protection Officer (DPO)”: the person responsible for ensuring compliance with data protection regulations and whose contact details are set out in Article 6.
- “Akuo Group”: Akuo Energy SAS and its affiliates, i.e., any company that controls, is controlled by or is under joint control with Akuo Energy SAS within the meaning of Article L. 233-3 of the French Commercial Code.
- “Prospect”: a person who may be interested in the products or services offered by the Akuo Group.
- “Contact Person”: a person who is in discussions with the Akuo Group or who has concluded a contract concerning the products and/or services offered by the Akuo Group.
- “Applicant”: a person who applies for a job advertised by the Akuo Group.
Article 2. The personal data we collect
Akuo Energy collects data for two purposes: (1) recruitment; and (2) to contact you (requests for information and canvassing).
In the context of a recruitment process, Akuo Energy, as Data Controller, will collect personal data from you.
These data will be collected directly from you when you apply for a job on the Akuo Energy website or submit a job application, either directly or indirectly through a third party such as a recruitment firm or business networking site (LinkedIn, etc.).
Akuo Energy SAS may process different types of personal data, including:
- Identity information (e.g. your first name, surname, contact details, etc.);
- Personal data (e.g. personal information contained in your résumé);
- Career data, particularly information contained in your résumé (e.g. information about your education, qualifications, career, fields of expertise, skills, etc.);
- Responses obtained from you (e.g. information provided by you at a job interview or by a third party, if relevant, during the processing of your job application);
- Information provided by you in response to the various tools used during the recruitment process (e.g. personality tests or inventories);
- Data from innovative solutions (e.g. video interviews to preselect applicants);
- Technical data (e.g. website login details);
- Data from video surveillance and electronic storage devices in accordance with applicable rules (e.g. security cameras);
- Data made public by you (e.g. business network profiles).
In the context of the Akuo Group’s canvassing operations and requests for information, Akuo Energy will collect personal data from you, including:
- Identity information (e.g. your first name and surname);
- Career data (the sector in which you work);
- Your contact details (email, phone number);
- Your region;
- Your postal address.
Article 3. Purposes for processing personal data
Applicants’ personal data are processed for the following purposes in particular:
- To consider your job application: to contact you, arrange tests and interviews, etc.;
- Direct recruitment, to offer you suitable job positions within the Akuo Group.
Prospects’ and contacts’ personal data are processed for the following purposes in particular:
- To respond to your requests for information and quotes concerning the products and services offered by the Akuo Group;
- To contact you by email concerning the products and services offered by the Akuo Group.
Article 4. Legal bases for processing data
The personal data you provide in your job application or when you contact the Akuo Group will be processed on the following legal bases:
- Consent: given on our forms prior to the submission of your data or obtained directly from you.
- A legitimate interest: the interests (commercial, (pre)contractual, etc.) of the Akuo Group do not create an imbalance that would be detrimental to the rights and interests of applicants, prospects and contacts.
- Precontractual measures: the collection of data from you may result in the conclusion of an employment, services or sales agreement with the Akuo Group.
Article 5. Data Controller
The Data Controller is Akuo Energy SAS, which is headquartered at 140 Avenue des Champs Elysées, 75008 Paris, France.
Article 6. Data Protection Officer
Akuo Energy has appointed a Data Protection Officer (“DPO”), whose contact details are:
Postal address: 140 Avenue des Champs Elysées, 75008 Paris
The Data Protection Officer is in charge of managing the exercise of your rights in accordance with Article 10 below.
Article 7. Personal data retention period
Personal data will be retained strictly for the period of time needed to achieve the purposes for which they are processed.
Data will therefore be retained for the shortest time possible in accordance with the law or recommendations of the CNIL (French data protection authority).
For recruitment purposes
The personal data of applicants will be retained for the duration of the recruitment process and the term of the employment agreement.
In the absence of an agreement, and unless you request otherwise, your data will be retained for two (2) years from the date of your last contact with the Akuo Group.
For communication purposes
Data concerning the canvassing of prospects and contacts are retained for three (3) years from the date on which they are collected or the date of the last contact made by the prospect.
If a product or service is sold or a contract is concluded, the personal data of the Akuo Group’s clients (formerly prospects) will be retained for the term of the contract and for up to 10 years for accounting and tax purposes, etc.
Article 8. Data recipients
Akuo Energy ensures that personal data are accessible solely to authorized individuals.
For recruitment purposes
The personal data you provide in the context of a recruitment process may be shared with the following recipients:
- Departments or entities of the Akuo Group (the Human Resources and Recruitment Department of Akuo Energy SAS or of any other affiliate that has an available position similar to that for which the applicant has applied).
Akuo Energy uses the services of processors who provide adequate guarantees that processing is carried out in accordance with the GDPR and that personal data remain confidential and secure.
Your data may be provided to our colleagues outside the European Union for positions available within our non-EU affiliates. These affiliates may therefore contact you directly, using the contact details provided by you, to offer you positions within the Akuo Group that correspond to your profile.
In such instances, Akuo Energy will ensure that data are transferred or exchanged strictly as necessary and within the limit of the above purposes, and will provide appropriate data protection guarantees. These transfers are permitted under Article 49(b) and (c) of the General Data Protection Regulation. The derogation applies in relation to specific situations, particularly where precontractual measures may be taken at the data subject’s request, or in relation to the conclusion or performance of an employment agreement.
For communication purposes
The data we collect for communication purposes will be provided solely to the following recipients:
- Departments or entities of the Akuo Group (Marketing Department, Communication Department, etc.)
- The processor Zoho BV, which is responsible for maintaining and hosting the contact database.
Your data will be stored in the European Union.
However, Zoho India’s engineers may consult your data in order to provide technical assistance, in accordance with standard EU contractual clauses concluded between Zoho India and Zoho BV.
Article 9. Security
Akuo Energy, as Data Controller, takes appropriate precautions to ensure that personal data remain secure and, in particular, to safeguard them against corruption, damage and unauthorized access by third parties.
In particular, steps are taken to control access to processing operations and to ensure that data transfers are carried out securely.
To ensure that personal data remain secure and confidential, we have implemented the following technical and organizational measures:
- An access control and authorization system for the computer hardware and tools used to process applicants’ personal data;
- Measures to protect technical infrastructure (workstations, networks, servers) and data (backups, business continuity plan);
- Restriction on the number of people authorized to process data according to the purposes of each operation and the means of processing used;
- Strict non-disclosure obligations imposed on our processors pursuant to a contract that provides adequate guarantees;
- Measures to secure exchanges with other organizations;
- Protection of premises;
- Integration of security and privacy measures in design and configuration specifications for new systems and processes (privacy by design).
Article 10. Your rights
We agree to process any request you make to exercise your rights as soon as possible, invariably within one month of receipt of your request.
If necessary, this time limit may be extended by two months if we receive complex or numerous requests.
The exercise of your rights is subject to various requirements imposed under applicable regulations and your rights must be exercised in accordance with those regulations.
Within the limits and subject to the requirements imposed under those regulations, you have the following rights, as applicable:
- The right to access your personal data;
- The right to rectify and update your personal data;
- The right to have your personal data erased (“right to be forgotten”) if they are no longer needed to achieve the purposes for which they were collected or processed and if they have been processed with your consent;
- The right to restrict the processing of your personal data;
- The right to object to the processing of your personal data;
- The right to portability of your personal data;
- The right to submit a complaint to a supervisory authority such as the Commission Nationale de l’Informatique et des Libertés (French data protection authority).
Article 11. Cookies and other trackers
We will not store cookies or trackers when you fill out a form on our website.