Personal data in Lernia Workforce Mobility

Controller and Processors within the Lernia Group

Lernia AB is the Data Controller and is responsible for the processing of your personal data, even if you are employed by or in contact with another company within the Lernia Group. The Lernia Group currently consists of, in addition to Lernia AB, Lernia Bemanning AB and Lernia Utbildning AB, among others. The collected data may be processed on behalf of Lernia AB by one or more of these group companies. In these terms of use, Lernia AB is used to denote the Data Controller and Lernia is used to generally refer to one or more companies within the Lernia Group.

Contact

Lernia AB
Box 787
801 29 Gävle

Phone: 0771-650 650
Email: info@lernia.se

If you believe that Lernia is processing your personal data in violation of the General Data Protection Regulation, you should first contact Lernia's data protection officer (DPO) who will assist you with the matter via the address dpo@lernia.se.

If you are not satisfied with the response you receive, you have the right to file a complaint with the Swedish Authority Integritetsskyddsmyndigheten, IMY.

IT Security

Lernia processes personal data about you within a protected IT environment.

Personal Data, Processing, and Purposes, etc.

Here follows information about which personal data are processed, as well as how and for what purposes.

Types of Personal Data

Personal data can occur in many forms, such as in writing, orally, as images, film or sound recordings. Data may appear in presentations, emails, text messages, data files like Word and Excel and documents that you have created.

Purpose; General

The data about you will primarily be used to administer and otherwise manage all tasks associated with the assignment, such as managing contacts with authorities and potential employers or payroll within the framework of a possible employment. Lernia may also process personal data to assert any legal claims, for example, in anticipation of a future lawsuit. More specific personal data processing and purposes with them are stated below.

Basic Personal Information

For example, it concerns basic personal information such as name, social security number, address, telephone number, and email address. These details are necessary, among other things, to be able to communicate effectively with you, to be able to identify you efficiently, and to be able to take any further action for you within the framework of Lernia Workforce Mobility.

Social Security Number or Other Identification Numbers

Lernia will process your social security number or, where applicable, other identification numbers. Lernia's assessment is that it is important for Lernia's operations that the identification is completely secure. The information is also needed for secure authorization administration and in communication with authorities.

Nationality

Lernia must, by law, consider legal regulations regarding the employment of individuals who are not citizens of an EEA country, etc. Therefore, information about nationality, or at least whether a person is a citizen of an EU country, an EEA country, or a country outside these areas, may be necessary to process. Within the scope of the assignment, it is also essential to know your nationality, for example, if you need help applying for a work permit.

Information on Skills, Experience, CV Details, etc.

It is necessary to process information about skills and experiences, such as those found in a standard CV or resume, information about your preferences for profession, further education, career aspirations, income aspirations, your education, competence and experience, abilities, professional and other interests, employment details, past and current job duties, grades, certificates, language skills, information from references, and the like, or other adequate and relevant information about similar or other relevant circumstances. This information is needed to help you find suitable jobs or assignments within the framework of Workforce Mobility.

Personality and Competence Tests; Competence Profile

Personal data about you may be used in personality or competence tests. In such cases, as you participate in the test, you will be the provider of personal data. Lernia will then also process personal data about you in the form of test results, personality profiles, and similar. These data normally require your consent. If requested, you will then be given the opportunity to give your consent. With the support of your personal data, Lernia may develop a competence profile about you.

Union Membership

In applicable cases, information about union membership may be processed. The purpose of this is, for example, that it is necessary to correctly handle salary reviews, possibly make deductions for union fees, properly fulfill negotiation obligations according to law or collective agreements, issue notices according to law or collective agreements, clarify the correct parties and the correct forum (court) in a dispute concerning employment.

Personal health data

Personal health data may be processed to some extent, for example, in cases of sick leave, child care, wellness, rehabilitation, work training, occupational health services, and similar situations. The purpose of this is to comply with and fulfill the employment contract or legal obligations, such as conducting health surveillance and medical control according to the Work Environment Act, paying the correct sick pay, making salary deductions for the first day of illness, reporting to relevant authorities, having the correct basis for wage replacement or other compensations (e.g., for medicine or other expenses), ensuring that Lernia fulfills its legal obligations as an employer, investigating the right to absence, rehabilitation needs, or other treatment measures, and similar matters. Information about the nearest relative is processed if the person needs to be contacted due to an accident or illness that has affected you.

Your health information is transferred to another party only if there is a legal obligation, mainly due to collective agreements or contracts regarding occupational health care, to a relative if such a situation has occurred that it is necessary, or if it is needed to protect your vital interests.

Information affecting employment

Information about work incapacity, behaviors, or other circumstances that alone or together with other circumstances may constitute grounds for termination, dismissal, or other labor law penalties. This is to ensure that Lernia acts legally in cases where labor law measures are taken.

Control and Logging

Your activities in the IT systems may be monitored and logged. The purpose is to oversee and ensure that your work is carried out correctly and in accordance with internal regulations and procedures. Other purposes include security and information security, as well as lock and access control.

Credit Information

Lernia may obtain credit information to investigate whether you have any payment remarks. This only applies to certain positions. Credit information is only collected if Lernia has a legitimate need to access the data, that is, a reason to perform a financial risk assessment regarding you. Such a need may arise if you are to have significant financial responsibility in your employment. There may also be cases where there is a legal obligation to take such measures.

In such cases, Lernia only uses reputable credit reporting companies and has ensured that they have a process in place for the secure handling of personal data.

Legal Basis for Processing and Consent

Our assessment is that the majority of the personal data you provide to Lernia, or that Lernia collects from you, can be processed without consent on the following legal grounds. This applies, among other things, to enable us to fulfill the Agreement with you in the best and most efficient way. But also for Lernia to fulfill its obligations according to legal rules regarding, for example, labor law, accounting, and taxes. Lernia also has a strong interest in processing personal data to manage its ongoing operations within, for example, administration, sales, invoicing, and follow-up.

The legal grounds for Lernia's processing of your personal data are:

• Contract
• Legitimate interests
• Legal obligation
• Consent

Contract

To fulfill, administer, and manage the agreement with you in a qualitative and efficient manner, it is required that Lernia handles personal data about you. This contract is the main legal ground for us doing so. 

Legitimate interests

Lernia, as active in staffing, recruitment, and education sectors, has a strong interest in identifying talented employees and consultants and offering them staffing assignments, employment, other work, or education. We also process data to plan work (including holidays), conduct surveys and counter IT incidents.

This interest of Lernia can, considering the mentioned business areas, generally be deemed to outweigh your interest in not having the data processed. This is especially the case as you, as an employed staffing consultant, are presumed to want to be eligible for various staffing assignments or the other aforementioned options. You have then shown interest in the processing taking place. Otherwise, you are free to refrain from being employed by Lernia. The processing of personal data that takes place is generally a prerequisite for being able to offer you a meaningful, effective, and purposeful employment.

Legal obligation

By legal obligation is meant that we have an obligation according to law or agreement to process your personal data. For example, according to the Work Environment Act, collective agreements, accounting obligations according to the Accounting Act, anti-discrimination legislation, or tax legislation. We may also be obliged under collective agreements to share information with trade unions.

Consent

For certain data, your consent is required as a legal basis. If the data is sensitive and there is no other legal basis for processing it, your explicit consent is required. The consent must be informed and voluntary. If there is a need for consent, you will be given the opportunity to provide it.

Sensitive Personal Data

To the extent that Lernia collects so-called "special categories of personal data" (sensitive personal data), consent is normally obtained, unless there is a legal basis for exemption from the requirement for consent.

Disclosure of Personal Data

Your personal data may be disclosed to authorities or other companies within the Lernia Group, or to a limited extent to Lernia's partners or customers.

Lernia will not send any data to national authorities or customers before we have a valid Power of attorney with you.

Drug Test Results

Employees intended to be leased to a client may be subject to drug testing. This is primarily to ensure work capacity and suitability for a particular position. Tests are almost exclusively conducted only if Lernia's client requires it or as part of a rehabilitation case.

Drug test results are considered health information. The processing is normally permitted if it is necessary for assessing work capacity or suitability for a particular service. Lernia has procedures to only perform drug tests when necessary to maintain safety and to establish trust in the tested individual.

There may also be voluntary drug tests. In such cases, Lernia will obtain consent from you.

Screening Against Sanction Lists

Lernia's clients may require that employees are checked against various sanction lists and other types of registers. Lernia is only allowed to perform such checks under the supervision of an authority or if the Swedish Authority Integritetsskyddsmyndigheten, IMY, has granted an exemption for such type of processing. Therefore, Lernia has procedures to handle requests for so-called "screening" against sanction lists, etc.

Information from the Criminal Records or About Crimes

Any processing of information from an employee's criminal record, criminal convictions, and the like is prohibited. Therefore, Lernia does not process such information in the sense of the General Data Protection Regulation. However, Lernia may ask questions about this type of circumstance and may also require the employee to present an extract from the criminal record. Lernia can register that an employee has been asked or has presented an extract or similar. However, the information itself about any legal violations will not be registered.

Information about crimes may also be processed if you commit a criminal act in the service or under such circumstances that what you have done can be used as a basis for Lernia's legal claims against you, Lernia's obligation to act, or similar. This is especially the case if it is necessary to take, or subsequently explain or defend, labor law or other actions against you, such as filing a police report.

Storage of your personal data

Lernia's register for storing personal data is normally within the EU/EEA. If the transfer of personal data is made to a country outside the EU/EEA area, it is done with the support of an approved transfer key according to articles 45 or 46 of the GDPR.

Within Workforce Mobility we process some of your data outsida EU/EEA.

Security and confidentiality

The personal data you provide is stored and processed confidentially in accordance with Lernia's internal guidelines.

Storage time and deletion

Lernia stores employees' personal data in accordance with the following.

The purpose of the storage is to save information about you for the time necessary to continue to administer and manage the Employment Agreement.

Due to your employment as a staffing consultant, Lernia processes your information for as long as the employment lasts and thereafter stores it for an additional ten years. If you are intermittently employed (hourly), Lernia processes your information as long as you do not resign from the intermittent employment, and stores it for ten years from the resignation. The reason for the continued storage is to ensure that Lernia, for example, complies with the Accounting Act and the Limitation Act and can assert legal claims if there should be a dispute between the former employee and Lernia. If a dispute is initiated, the information is stored until the dispute has finally been settled and for an additional year.

All storage periods apply except if there would be a legal obligation to store them for a longer period than stated.

Your rights

1. Your right to access

According to the General Data Protection Regulation, you have the right to access certain information from the data controller and their processing of your personal data. You are entitled to be provided with a copy of the personal data that is being processed. For any additional copies you request, Lernia will charge a reasonable fee based on administrative costs. The documents will be sent in a letter to your registered address. Such a copy as mentioned here will not contain information that is deemed to adversely affect the rights and freedoms of others.

2. Your right to rectification

You have the right to turn to Lernia to have incorrect data corrected. You also have the right to supplement with such personal data that is missing and that is relevant considering the purpose of the data processing.

You also have the right to request information about to whom the data has been disclosed.

3. Your right to erasure

You have the right to turn to Lernia to request that the data concerning you be erased.

The data must be erased in the following cases:

• If the data is no longer needed for the purposes for which it was collected
• If the processing is based solely on your consent and you withdraw that consent
• If the processing is for direct marketing purposes and you object to the data being processed
• If you object to personal data processing that is carried out after a balance of interests and there are no legitimate reasons to continue the processing that outweigh your interest in not having the data processed
• If your personal data has been processed unlawfully
• If deletion is required to fulfill a legal obligation
• If data is deleted at your request, Lernia must also inform those to whom Lernia has disclosed the data about the deletion. However, this does not apply if it proves impossible or would involve a disproportionately great effort.

In situations where the data has been published publicly, Lernia must take reasonable steps to inform others who process the data about your request so that copies of or links to the data are also removed.

There are exceptions to the right to erasure and the obligation to inform others if it is necessary to satisfy other important rights such as the right to freedom of expression and information, to fulfill a legal obligation, perform a task of public interest, or as part of exercising official authority.

Lernia may also need to retain your previously submitted data for a period to fulfill its obligations under applicable legal regulations or to protect Lernia's more significant legal interests, for example, in cases of alleged discrimination, or if other legal disputes would arise.

4. Your right to object to processing

In certain cases, you have the right to object to Lernia's processing of your personal data.

The right to object applies when personal data is processed, for example, after a balance of interests test.

If you object to the processing in such cases, Lernia may continue to process the data only if it can be demonstrated that there are compelling legitimate reasons for the data to be processed that outweigh your interests, rights, and freedoms, or if the processing is for the establishment, exercise, or defense of legal claims.

You always have the right to object to your personal data being used for direct marketing. Such an objection can be made at any time. If an objection is made to direct marketing, the personal data may no longer be processed for such purposes.

5. Your right to data portability

In certain cases, you have the right to obtain and use elsewhere the personal data you have provided to Lernia (the right to data portability). Lernia is obliged to facilitate such a transfer of personal data, provided that the processing is supported by your consent or to fulfill a contract with you.

6. Withdrawal of consent

You can withdraw your consent to the processing of your personal data. A withdrawal of a given consent means that further processing of personal data about you may not take place thereafter, unless there is another legal basis for the processing.

Your Power of attorney is valid until you revoke it. If you do not revoke it, it will cease to apply when the matters the Power of attorney relates to have been finally decided.

7. Your Right to Restriction

In certain cases, you have the right to demand that the processing of personal data be restricted. Restriction means that the data is marked so that in the future it may only be processed for certain limited purposes.

The right to restriction applies, among other things, when you believe that the data is incorrect and have requested a correction. In such cases, you can also request that the processing of the data be restricted while the accuracy of the data is being investigated.

You will be informed when the restriction is lifted.

8. Your Right to File a Complaint

If you believe that Lernia is processing data about you in violation of the General Data Protection Regulation, you should first contact Lernia's data protection officer who will assist you with the matter. Ultimately, you can also submit a complaint to the Swedish Authority Integritetsskyddsmyndigheten, IMY.

9. Your Right to Compensation

If you have suffered damage because your personal data has been processed in violation of the General Data Protection Regulation, you may be entitled to compensation from Lernia and/or the data processors that Lernia has used.

If you experience such a situation, you can contact Lernia's data protection officer who will help you investigate the issue.

Claims for damages can be directed to Lernia or the data processors Lernia has used. They will then take a position on the claim. You can also let a court determine if you are entitled to compensation.