PRIVACY NOTICE FOR CANDIDATES

If you are reading this document, it is because you are about to send or have already sent us a job Application.

Who we are

We are Guess Europe Sagl with registered offices at Strada Regina 44, CH-6934 Bioggio - Switzerland (“Guess Sagl” or “we” or “us”), the Data Controller established in Switzerland and this Notice helps you to better understand what data is collected, for what purposes and how you can manage your information.

To make the following explanation as understandable and usable as possible, we have included examples and created Definitions that refer to more detailed explanations available at the end of this document. If you have any questions about the Notice or how your information is handled, you can write to us at [email protected].  

What data we process

Depending on how you submitted your Application, we may collect all or some of the following information.

Data provided by you

By means of the Application you may provide us with Personal Data such as your name (first and last), your e-mail address and phone number or those of a third party, country of residence, photo, education, salary expectations, languages and professional skills. This is the case, for example, when you share your Application through Our Pages or at one of Our Events or when you decide to make it physically available at one of our locations. In some cases, we may be able to anticipate questionnaires that help us in the evaluation process, but in most cases, it is you, through a curriculum vitae and/or letter of introduction, to freely decide which information you want to share in your Application.

We may, occasionally, offer part-time or seasonal work which is suitable for minors (scholar internship). In order for Guess Sagl to assess an Application from a minor, that minor must provide Personal Data to us and that minor’s parents or guardian must consent to this. As such, we would recommend that a parent or guardian assist and guide any minor which may intend to browse Our Pages. If parents / guardians would like to prevent a minor from accessing Our Pages, there are programs available which enable control over access to the Internet or specific websites.

If you provide data of third parties (e.g., contact details for references, minor’s data etc.), you assume all the obligations and responsibilities prescribed by the law, conferring the widest indemnity with respect to any dispute, claim, request for compensation for damage, etc. that we may receive from third parties whose Personal Data were transmitted by you and therefore processed in violation of the applicable data protection laws.

Sensitive data provided by you

In some cases, your Application may contain Sensitive Data relating to you or third parties such as the disabilities of your parents, children, or relatives. We do not intend to use this information unless it is necessary or required for the position you are interested in (e.g., if the position is for persons belonging to protected categories or requiring special assistance). If not, please delete them before sending your Application.

If you send them anyway and they are not relevant, we inform you that they will not be taken into consideration. If, on the other hand, the collection of Sensitive Data is necessary to establish the relationship, the processing will be based prior explicit consent.

Data collected by Browser and Device

If you submit your Application through Our Pages, we collect information about the Browser or Device you are using. For more information you can read the information notice available in the footer of the page you are visiting.

For your convenience, we will collectively refer to all Personal Data mentioned here above (excluding Data collected by Browser and Device) as "Data". 

Why we use your data

The Data are used for the following purposes:

Evaluate the Application and respond to your requests

We use your Data to evaluate your Application, contact you for an interview and/or answer your questions/requests for clarification. This includes managing your online account on https://guess.intervieweb.it/en/career which saves you from having to compile information about yourself more than once if you are interested in multiple positions. The processing of your Data is based on the need to execute your request for selection. If your Application contains Sensitive Data, please provide your consent as indicated above in the "Sensitive Data provided by you" and presented during the application process.

Promote careers and/or new job posting

We use your Data to send you communications about careers at Guess Sagl and/or at Guess Entities. On this point, we specify that no communication will be sent to you without your prior consent, which you can provide through specific tick-boxes presented during the application process.

Fulfilment of legal obligations to which we are subject

We may use your Data to comply with any legal obligations to which we are subject, which is the legal basis for this processing.

Protect our interests and those of our users

We may need to use your Data as part of our activities to detect, prevent and respond to fraudulent or unlawful conduct or conduct that compromises our security. This may also include the processing of “Data collected from public or publicly accessible sources” when necessary to double-check your Application. These purposes are based on our legitimate interest in protecting us and our users, including you.

Share your Application with our Guess Entities

Depending on your location preferences (e.g., “Make My Profile Visible to” on Our Pages), we may share your Data with our Guess Entities who may be interested in a professional profile such as yours. This purpose is based on your selection of preferred locations/regions.

We remind you that is it not compulsory to provide your Personal Data for any of the purposes indicated above, but in the absence of this, we will not be able to fulfil those purposes.

How we use your Data

All Data collected for the above purposes are processed both manually and through semi-automated decision-making processes. Your Personal Data may also be subject to combination and/or cross-referencing. This allows us, for example, to combine the "Data provided by you" with the "Data collected from public or publicly accessible sources" or with the "Data collected from HR Partners", thus, collected at different times with respect to when the Application was submitted.

With whom we share your Data

We share your Data with the following categories of subjects ("Recipients"):

• the persons authorized by us: these are our employees and collaborators who have signed a confidentiality agreement and are subject to specific instructions for the processing of your Personal Data;
• our Data Processors: these are external subjects to whom we entrust certain processing operations. For example, this category includes suppliers for the security of our systems, consultants, accountants, technology platforms for data hosting, recruitment companies acting on our behalf, etc. We have signed a contract with each of these parties to ensure that the processing of your Personal Data is performed according to appropriate security measures and only upon our instructions;
• our Guess Entities: for example, if you are an American citizen and your Application is of interest for our American entity, we may share it with it. Once received your Application, each interested Guess Entities will subsequently act as autonomous Data Controller in relation to your Personal Data. You can ask us for more information on the Guess Entities and our joint controllership agreement by writing to [email protected].
• law enforcement or any other authority whose measures are mandatory for us: this is the case, for example, when we have to comply with a judicial measure, a law or when it is necessary to defend ourselves in court.

Where your Data are

We store your Personal Data in Switzerland. Within Guess Europe SAGL access to your Personal Data is restricted to our HR Department and the hiring manager, who need to process your Personal Data by reason of their duties and who act under our authority and process your Personal Data on our instructions.

We may also disclose your Personal Data (full name, address, e-mail address and telephone number) to external advisors (e.g., lawyers) located in the European Union.

We may need to use, share or disclose your Personal Data to governmental agencies and regulators, courts and other tribunals and government authorities if required in response to litigation, investigations or for other legally required disclosures.

How long we store your Data

The Data processed for the purposes of evaluating the Application are kept by Guess Sagl no longer than 12 (twelve) months from the time they were shared or updated unless you request deletion before the conclusion of the aforementioned period. The Data processed to comply with legal obligations to which we are subject will be kept until the time provided by those laws. The Data processed to protect our interests and those of our data subjects will be kept until the time allowed by local law to protect our interests. Any further processing of your Data carried out by Guess Entity in the locations you selected are subjected to the retention period defined by the local data protection applicable law. You can ask us for more information on retention criteria and periods by writing to [email protected].

How you can control your Data

Anytime you can ask for:

• access your Data: we will provide you with the Data we have on you and, where applicable, the source of your Data (if, for example, we received your “Data from one of our HR Partners”);
• make your Data portable: where applicable, we will provide you with an excel file containing the Data we have on you.
• rectify your Data: for example, you can ask us to modify the e-mail, telephone number or professional experience you have provided us with, if you believe they are not correct or should be updated;
• limit the processing of your Data: for example, if you believe that our processing is unlawful and/or that certain processing operations carried out on the basis of our legitimate interest are inappropriate;
• delete your Data: for example, and where applicable, if you are no longer interested in a job and would like us to no longer store your Data;

The response time required by European legislation to which we are subject is 1 month from your request (extendable up to a further 2 months in case of particular complexity).

You can exercise any of the rights listed above towards:

• Guess Sagl by writing to [email protected].  
• one or more Guess Entities, who processed your Application as autonomous data controller in accordance with your preferred locations, by texting to their privacy e-mail address.
• HR Partners who shared your Application with us (e.g. LinkedIn, Indeed) via your account settings on their platforms.

At any time you can also:

• Contact our Data Protection Officer (DPO) by writing to [email protected] or to Guess Europe Sagl, Strada Regina 44, CH-6934 Bioggio - Switzerland
• Contact the competent Supervisory Authority or the one of your country whose contact details are available here https://edpb.europa.eu/about-edpb/board/members_en
• Revoke your consent for the purposes for which we have collected it through the settings of Our Pages or by writing to [email protected].

How we protect your Data

We take reasonable precautions from a physical, technological and organizational point of view to prevent the loss, misuse, or modification of Data under our control. For example:

• We ensure that your Data is only accessed and used by, transferred or disclosed to Recipients that need to have access to such Data.
• We also limit the amount of Data accessible, transferred or disclosed to Recipients to only what is necessary to fulfil the purposes or specific tasks performed by the Recipient.
• The computers and servers where your Data is stored are kept in a secure environment, are password-controlled with limited access, and have industry standard firewalls and anti-virus software installed.
• Paper copies of any documents containing your Data (if any) are kept in a secure environment as well. For example, depending on the sensitivity of the information in question, your Data may be stored in a locked filing cabinet that can only be accessed by our employees who require the information, as described above.
• When destroying paper copies of documents containing your Data that is no longer needed, we ensure that such documents are shredded or incinerated.
• When destroying Data recorded and stored in the form of electronic files that is no longer needed, we make sure that a technical method (for example, low level format) ensures that the records cannot be reproduced.
• Laptops, USB keys, mobile phones and other electronic wireless devices used by our employees who have access to your Data are password protected. We encourage employees not to store your Data on such devices unless it is reasonably necessary for them to do so to perform a specific task as outlined in this Notice.
• We train our employees to comply with this Notice and periodically conduct audits and other monitoring activities to ensure ongoing compliance and to determine the effectiveness of our privacy management practices.
• Any Data Processor that we use is contractually required to maintain and protect your Data using measures that are substantially similar to those set out in this Notice or required under applicable data protection law.
• In case required by the applicable legislation, if a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Data transmitted, stored or otherwise processed, will be notified to you and to the competent data protection authority as required (for example, unless Data is unintelligible to any person or the breach is unlikely to result in a risk to your rights and freedoms and those of others).

What is not covered by this Notice

This Notice explains and covers the processing operations that we carry out as Data Controller.

The Notice does not cover processing carried out by parties other than Guess Sagl and in particular does not cover:

• the processing carried out by our HR Partners as autonomous Data Controllers including those carried out by social media such as LinkedIn within Our Pages;
• The further processing carried out by our Guess Entities as autonomous Data Controllers once received your Application;

With respect to such hypotheses, we do not assume any responsibility for the processing of your Data not covered by this Notice.

Changes to the Notice

This Notice is effective from the date indicated at the beginning of this document. We reserve the right to modify or simply update the content, in part or in full, also due to changes in applicable legislation. In the event of substantial changes to the Information, you will receive adequate notice. This Notice available on the website https://guess.intervieweb.it/en/career. Previous versions are available upon request to [email protected].

License

The icons illustrated in this Notice are a derivative works of the “Data Protection Icons” by Maastricht European Centre on Privacy and Cybersecurity – ECPC licensed under CC BY 4.0

Definitions

Application: means sending or sharing with us a request or feedback relating to you for a job at Guess Sagl.

Browser: means the program you use to access the Internet (e.g., Safari, Chrome, Firefox, etc.).

Data Controller: means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

Data Processor: means a natural or legal person, public authority, agency or other body which process Personal Data on behalf of the Controller.

Device: means the device (e.g., Apple smartphone) from which you visit Our Pages.

Guess Entities: Guess Europe Sagl, GUESS Italia Srl, GUESS UK Limited, GUESS Retail Limited (Ireland), GUESS Retail ApS (Denmark); GUESS Retail AB (Sweden), GUESS Norge AS; GUESS France SAS, GUESS Europe BV (Holland), GUESS Luxembourg SARL, GUESS Belgium SPRL, GUESS Finland OY, GUESS Poland Sp. Zoo, GUESS Retail Czech Rep. Sro, GUESS Hungary KFT, GUESS Apparel Spain SL, GUESS Canary Islands SL, GUESS Apparel Andorra SLU; GUESS Deutschland GmbH, GUESS Austria GmbH, GUESS Turkey, GUESS Retail Hellas (Greece), GUESS Retail Cyprus Ltd; GUESS Kazakistan.

HR Partners: companies appointed by Guess Sagl for the selection process (e.g., LinkedIn, head hunters, external recruitment agencies) who share with us your Application as autonomous data controller. You can ask us for the full list by writing to [email protected].

Our Events: these are events at universities, institutes and trade fairs organised by Guess Sagl and/or Guess Entities to collect Applications.

Our Pages: include the website https://guess.intervieweb.it/en/career, its domains, the webpages in which this Notice is presented as well as our LinkedIn page https://it.linkedin.com/company/guess-europe-sagl.

Personal Data: means any information that makes a natural person identified or identifiable. For example, your IP Address, email address (if it contains a natural person's personal details).

Sensitive Data: Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, as well as genetic data, biometric data intended to uniquely identify a natural person, data relating to the health or sex life or sexual orientation of the person.