Terms of use

1. Introduction

This privacy notice applies to all persons applying via jobs.bcge.ch (the "Website") for a position with Banque Cantonale de Genève ("we or us").

2. Types of personal data collected and processed

The types of personal data we may collect from or about you may include, on a case-by-case basis:

• Personal and family information: in particular, surname; first name; marital status; parents’ names; spouse’s name (if any); postal address and landline phone number; email address; date and place of birth; gender; residence permit and work permit; nationality; military status (excluding reasons for declaration of unfitness or deferment, if any); national insurance number(s); date of issue and issuing authority; identity card/passport number, date of issue and expiry; tax identification number and relevant tax authority; information on any ancillary professional activities and/or directorship(s) (if relevant to the position to be filled); and, if applicable, details of dependants (name, date of birth, relationship to you);
• Information about your education and experience: in particular, previous position, together with a description of responsibilities and duties; contact details of previous employers and recommendations; type of contract (fixed-term or open-ended); if relevant, working hours and services; place of work; terms and conditions of the employment contract; business contact details of your previous employment (telephone number, postal address and email address); start and end date (if applicable) of previous employment; name and contact details of your previous manager/supervisor/boss; social benefits records and related information; information on your remuneration; training attendance information; academic and school records; professional training; licences and certifications; language(s); disciplinary information; as well as, if applicable, the reasons for termination of the previous employment contract; as well as
• any other information included in your CV or submitted to us, even if we have not requested it.

It is understood that the collection of some of this personal data may require your consent, which, if necessary, will be requested separately.

As a general rule, we do not ask for or require sensitive personal data relating to racial or ethnic origin, gender, political opinions or beliefs, trade union or political party membership, or information relating to physical or mental health or sexual orientation in connection with your application.

That said, if you have a disability and would like us to consider accommodation, you may (but are not required to) provide this information during the recruitment process. Finally, we will only collect information about your criminal record and/or bankruptcy status once we have selected the final candidate, if this is appropriate given the nature of the role and if we are legally permitted to do so.

3. Sources of personal data

We may collect your personal data:

• directly from you;
• through employment or recruitment agencies;
• via public sources such as search engines and the public sections of your social network accounts to the extent permitted by applicable law and/or regulation as part of pre-contractual screening; and/or
• through third parties (e.g. persons who provide us with a recommendation on your behalf).

IIt is understood that the collection of some of your personal data may require your consent, which, if necessary, will be requested separately.

When you provide us with personal data relating to third parties (i.e. data relating to your spouse and/or members of your family), you are required to inform such persons of their rights in relation to the processing of their personal data (e.g. by presenting them with this privacy notice). In addition, you are responsible for obtaining the consent of such persons, insofar as such consent is required by law. At the time you provide the personal data of third parties, we will assume that the consent of such third parties (if required) has been given.

4. How we use your personal data

We will use your personal data for the following purposes:

• to select, recruit, assess and/or appoint candidates for the role you have applied for;
• to communicate with you about the progress of your application;
• for general human resources administration and management (if you become our employee);
• to carry out satisfaction surveys (e.g. to manage and improve the recruitment process);
• to analyse your application (e.g. to check the professional references you have provided, to carry out background checks and/or other related assessments);
• to comply with applicable laws and regulations and/or any code of good/best practice that it is reasonable for us to decide to adopt;
• to comply with a request or a decision of any court of any competent jurisdiction or of any competent mediator, arbitrator, ombudsman, tax, regulatory or governmental authority;
• in connection with legal or regulatory proceedings (including in contemplation of any future legal or regulatory proceedings) and to obtain legal advice and to establish, exercise or defend our rights; and
• to inform you of future opportunities (if you have indicated that you wish us to retain your personal data for this purpose).

5. Recipients of your personal data

We may disclose your personal data:

• to third parties/sub-contractors who provide services to us (e.g. IT companies, recruitment agencies, consultants, lawyers);
• to your former employer(s) in order to obtain (a) reference(s);
• to our shareholders, if you are applying for a senior management position with us;
• to any competent court or to any mediator, arbitrator or ombudsman;
• to public authorities, regulators or government bodies, where required by law or regulation;
• to our auditors and professional advisers; and/or
• to other third parties, if you separately consent to such disclosure.

6. Transfers abroad

We may transfer the personal data we collect about you to countries other than Switzerland or the country in which the data was originally collected. These countries may not have the same personal data protection regulations as Switzerland.

When we transfer your personal data to other countries, we protect this data in the manner described in this privacy notice and in accordance with applicable law. Where necessary, we require the recipients referred to in section 5 above to comply with appropriate safeguards designed to protect personal data.

Your personal data may be transferred to (including made accessible from) the following countries:

(i) European Economic Area (EEA) countries;

(ii) Other countries recognised by Switzerland as offering adequate protection of privacy (for a list of these countries, see www.fedlex.admin.ch); and

(iii) Countries in which Banque Cantonale de Genève’s service providers are established.

Some of the countries referred to under (iii) do not benefit from data protection regulations that have been recognised as “adequate” (i.e. comparable standard) from the perspective of Swiss data protection law. When we transfer your personal data to these countries, we implement adequate safeguards in accordance with the applicable law (e.g. implementation of standard contractual clauses).

In addition, please note that your personal data may be communicated to other countries (i) where you have been active in the past, in order to enable us to carry out a security check (background check); or (ii) as part of the establishment, exercise or defence of legal claims before a court or competent foreign authority.

7. Retention of personal data

We will retain your personal data for as long as necessary to fulfil the purpose for which it was collected or to comply with legal, regulatory, reporting or internal policy requirements. In determining the appropriate retention period for personal data, we take into account applicable legal requirements, as well as the amount, nature and sensitivity of the personal data, the potential risk of harm resulting from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and the possibility of achieving those purposes by other means. In addition, we may also retain your personal data after the application process if you have given us your separate consent. Finally, if your application is successful, the personal data collected during the recruitment process will be transferred to your human resources file (electronic and/or paper).

8. Your rights relating to your personal data

In certain circumstances and subject to applicable law, you have the right to:

• request access to your personal data (commonly referred to as a “data subject access request”). This allows you to receive a copy of the personal data we hold about you;
• request correction of the personal data we hold about you. This allows you to have incomplete or inaccurate data held about you corrected;
• object to the processing of your personal data where we rely on our legitimate interest (or that of a third party) and there is something about your particular circumstances that gives you cause to object to processing on this ground. Please note, however, that we may still continue to process your personal data if we have another legitimate reason to do so;
• request the erasure of your personal data. This allows you to ask us to erase or delete personal data when we no longer have a valid reason to continue processing it. You also have the right to ask us to erase or delete your personal data where you have exercised your right to object to processing (see above). Please note, however, that we may still continue to process your personal data if we have another legitimate reason to do so;
• request the restriction of the processing of your personal data. This allows you to ask us to suspend the processing of your personal data, for example if you want us to check its accuracy or the reason for processing it. Please note, however, that we may still continue to process your personal data if we have another legitimate reason to do so;
• request that we return your personal data to you or to a third party, where we process such personal data by automated means and:
  • we process your personal data on the basis of your consent; or
  • such processing is necessary for the conclusion or performance of our obligations under a contract with you.
  
  This is known as “data portability”;
• where we process your personal data on the basis of your consent, withdraw that consent at any time. Please note that if you do not give your consent or if you withdraw your consent, this may affect our ability to assess your application. Please note that withdrawal of consent does not affect the lawfulness of processing based on consent prior to withdrawal; and
• we may make use of automated filtering and analysis systems in considering applications. These systems assess whether the information contained in applicants’ files matches the requirements of the positions offered.

Upon receipt, candidates may inform us of their point of view on the automated individual decisions (AID) concerning them and, if necessary, request that they be reviewed by a member of the Bank’s staff. However, such a request may only be made in the event of a negative decision concerning them and before the end of the recruitment process.

Some of these rights are not absolute (for example, overriding interests may require further processing); nevertheless, we will examine your request and respond to you. In addition, the exercise of some of these rights may result in the termination of the digital identification process.

9. How to contact us 

If you have a question about the processing of your personal data or if you wish to exercise your rights under applicable personal data legislation, please contact protectiondesdonnees@bcge.ch.

If you are not satisfied with our response, you also have the right to contact the Swiss Federal Data Protection and Information Commissioner (the “FDPIC”), the Swiss supervisory authority for data protection issues (www.edoeb.admin.ch).