(A) This Notice
This Notice is issued by HRsolution International AG on behalf of itself, its
subsidiaries and
its affiliates (together, “HRsolution International AG”, “we”,
“us” and “our”) and
is
addressed to candidates, referees, sources, clients and other individuals outside
our
organisation with whom we interact, including clients, visitors to our Sites, and
other users of
our services (together, “you”). Defined terms used in this Notice are explained in
Section (S)
below.
For the purposes of this Notice, HRsolution International AG is the Controller.
Contact details
are provided in Section (R) below.
This Notice may be amended or updated from time to time to reflect changes in our
practices
with respect to the Processing of Personal Data, or changes in applicable law. We
encourage
you to read this Notice carefully, and to regularly check this page to review any
changes we
might make in accordance with the terms of this Notice.
(B) Collection of Personal Data
Collection of Personal Data: We may collect Personal Data about you
from the following
sources:
-
Data you provide: We may obtain your Personal Data when you provide it to
us (e.g.,
where you contact us via email or telephone, or by any other means, or when you
provide us with your CV or business card).
-
Relationship data:We may collect or obtain your Personal Data in the
ordinary course
of our relationship with you (e.g., if you purchase a service from us, from
interviews
or other communication exchange between us).
-
Data you make public:We may collect or obtain your Personal Data that you
manifestly choose to make public, including via social media (e.g., we may
collect
information from your social media profile(s) such as Xing, LinkedIn, Facebook
etc.).
-
Site data:We may collect or obtain your Personal Data when you visit any
of our Sites
or use any features or resources available on or through a Site.
-
Registration details:We may collect or obtain your Personal Data when you
use, or
register to use, any of our Sites, or services.
-
Content and advertising information:If you choose to interact with any
third party
content or advertising on a Site, we may receive Personal Data about you from
the
relevant third party.
-
Third party information:We may collect or obtain your Personal Data from
third
parties who provide it to us (e.g., credit reference agencies; law enforcement
authorities; previous employers in form of a reference check etc.).
(C) Creation of Personal Data
We may also create Personal Data about you, such as records of your interactions
with us, and
any interactions we have with clients on your behalf.
(D) Categories of Personal Data we may Process
We may Process the following categories of Personal Data about you:
-
Personal details:given name(s); preferred name; photograph; employment
history;
education; and other typical CV content.
-
Demographic information:gender; date of birth / age; nationality;
salutation; title; and
language preferences.
-
Contact details:correspondence address; telephone number; email address;
and details
of your public social media profile(s).
-
Consent records:records of any consents you may have given, together with
the date
and time, means of consent and any related information (e.g., the subject matter
of the
consent).
-
Data relating to our Sites:device type; operating system; browser type;
browser
settings; IP address; language settings; dates and times of connecting to a
Site;
username; password; security login details; usage data; aggregate statistical
information.
-
Employer details:where you interact with us in your capacity as an
employee, the
name, address, telephone number and email address of your employer, to the
extent
relevant.
-
Salary and other employment details:where these are necessary for us
providing you
and your employer services. This can include sick days or other health related
data
(pregnancy, disability, religious affiliation etc.) required for payroll
purposes if we are
providing such services to your employer and yourself.
-
Content and advertising data:records of your interactions with our online
advertising
and content, records of advertising and content displayed on pages displayed to
you,
and any interaction you may have had with such content or advertising (including
mouse hover, mouse clicks, any forms you complete (including incomplete forms
not
submitted) and any touchscreen interactions).
-
Views and opinions:any views and opinions that you choose to send to us,
or publicly
post about us on social media platforms.
(E) Lawful basis for Processing Personal Data
In Processing your Personal Data in connection with the purposes set out in this
Notice, we
may rely on one or more of the following legal bases, depending on the
circumstances:
-
Consent:We may Process your Personal Data where we have obtained your
prior,
express consent to the Processing (this legal basis is only used in relation to
Processing that is entirely voluntary – it is not used for Processing that is
necessary or
obligatory in any way);
-
Legitimate interests:We may Process your Personal Data where we have a
legitimate
interest in carrying out the Processing for the purpose of managing, operating
or
promoting our business, and that legitimate interest is not overridden by your
interests,
fundamental rights, or freedoms;
-
Contractual necessity:We may Process your Personal Data where the
Processing is
necessary in connection with any contract that you may enter into with us;
-
Compliance with applicable law:We may Process your Personal Data where
the
Processing is required by applicable law; or
-
Vital interests:We may Process your Personal Data where the Processing is
necessary
to protect the vital interests of any individual.
(F) Sensitive Personal Data
We do not seek to collect or otherwise Process your Sensitive Personal Data in the
ordinary
course of our business. Where it becomes necessary to process your Sensitive
Personal Data
for any reason, we rely on one of the following legal bases:
-
Compliance with applicable law:We may Process your Sensitive Personal
Data where
the Processing is required or permitted by applicable law (e.g., to comply with
our
diversity reporting obligations);
-
Detection and prevention of crime:We may Process your Sensitive Personal
Data
where the Processing is necessary for the detection or prevention of crime
(including
the prevention of fraud);
-
Establishment, exercise or defence of legal rights:We may Process your
Sensitive
Personal Data where the Processing is necessary for the establishment, exercise
or
defence of legal rights; or
-
Consent:We may Process your Sensitive Personal Data where we have, in
accordance
with applicable law, obtained your prior, express consent prior to Processing
your
Sensitive Personal Data (this legal basis is only used in relation to Processing
that is
entirely voluntary – it is not used for Processing that is necessary or
obligatory in any
way).
(G) Purposes for which we may Process your Personal Data
The purposes for which we may Process Personal Data, subject to applicable law,
include:
-
Provision of services to you:providing our Sites, or services to you;
providing you
with services that you have requested; providing you with promotional items at
your
request; and communicating with you in relation to those services.
-
Compliance checks:fulfilling our compliance obligations, including ‘Know
Your
Client’ checks; and confirming and verifying your identity (including by using
credit
reference agencies); and screening against government and/or law enforcement
agency
sanctions lists and other legal restrictions.
-
Our Sites:operating and managing our Sites; providing content to you;
displaying
advertising and other information to you; communicating and interacting with you
via
our Sites; and notifying you of changes to any of our Sites, or our services.
-
Communications:communicating with you via any means (including via email,
telephone, text message, social media, post or in person) news items and other
information in which you may be interested, subject to ensuring that such
communications are provided to you in compliance with applicable law;
maintaining
and updating your contact information where appropriate; and obtaining your
prior,
opt-in consent where required.
-
Communications and IT operations:management of our communications
systems;
operation of IT security systems; and IT security audits.
-
Health and safety:health and safety assessments and record keeping; and
compliance
with related legal obligations.
-
Financial management:sales; finance; corporate audit; and vendor
management.
-
Surveys:engaging with you for the purposes of obtaining your views on our
services.
-
Security:physical security of our premises (including records of visits
to our premises;
and CCTV recordings); and electronic security (including login records and
access
details).
-
Investigations:detecting, investigating and preventing breaches of
policy, and criminal
offences, in accordance with applicable law.
-
Legal proceedings:establishing, exercising and defending legal rights.
-
Legal compliance:compliance with our legal and regulatory obligations
under
applicable law.
-
Improving our Sites, services:identifying issues with our Sites, or our
services;
planning improvements to our Sites, or our services; and creating new Sites, or
services.
(H) Disclosure of Personal Data to third parties
We may disclose your Personal Data to other entities within the HRsolution
International AG
group, for legitimate business purposes (including operating our Sites, and
providing services
to you), in accordance with applicable law. In addition, we may disclose your
Personal Data
to:
-
We may disclose your personal data to our clients such as companies with whom we
do business, companies from whom we have specific assignments to search for
specific people or companies (not clients) that have indicated an interest in
receiving
profiles that they are interested in hiring.
-
legal and regulatory authorities, upon request, or for the purposes of reporting
any
actual or suspected breach of applicable law or regulation;
-
accountants, auditors, lawyers and other outside professional advisors to
HRsolution
International AG, subject to binding contractual obligations of confidentiality;
-
third party Processors (such as payment services providers; shipping companies;
etc.),
located anywhere in the world, subject to the requirements noted below in this
Section
(H);
-
any relevant party, law enforcement agency or court, to the extent necessary for
the
establishment, exercise or defence of legal rights;
-
any relevant party for the purposes of prevention, investigation, detection or
prosecution of criminal offences or the execution of criminal penalties,
including
safeguarding against and the prevention of threats to public security;
-
any relevant third party acquirer(s), in the event that we sell or transfer all
or any
relevant portion of our business or assets (including in the event of a
reorganization,
dissolution or liquidation); and
-
any relevant third party provider, where our Sites use third party advertising,
plugins
or content. If you choose to interact with any such advertising, plugins or
content, your
Personal Data may be shared with the relevant third party provider. We recommend
that you review that third party’s privacy policy before interacting with its
advertising,
plugins or content.
If we engage a third-party Processor to Process your Personal Data, the Processor
will be
subject to binding contractual obligations to: (i) only Process the Personal Data in
accordance
with our prior written instructions; and (ii) use measures to protect the
confidentiality and
security of the Personal Data; together with any additional requirements under
applicable law.
(I) International transfer of Personal Data
Because of the international nature of our business, we may need to transfer your
Personal
Data within the HRsolution International AG group and to third parties as noted in
Section
(H) above, in connection with the purposes set out in this Notice. For this reason,
we may
transfer your Personal Data to other countries that may have different laws and data
protection
compliance requirements to those that apply in the country in which you are located.
(J) Data security
We have implemented appropriate technical and organisational security measures
designed to
protect your Personal Data against accidental or unlawful destruction, loss,
alteration,
unauthorised disclosure, unauthorised access, and other unlawful or unauthorised
forms of
Processing, in accordance with applicable law.
Because the internet is an open system, the transmission of information via the
internet is not
completely secure. Although we will implement all reasonable measures to protect
your
personal data, we cannot guarantee the security of your data transmitted to us using
the
internet – any such transmission is at your own risk and you are responsible for
ensuring that
any Personal Data that you send to us are sent securely.
(K) Data accuracy
We take every reasonable step to ensure that:
-
your Personal Data that we Process are accurate and, where necessary, kept up to
date;
and
-
any of your Personal Data that we Process that are inaccurate (having regard to
the
purposes for which they are Processed) are erased or rectified without delay.
From time to time we may ask you to confirm the accuracy of your Personal Data.
(L) Data minimisation
We take every reasonable step to ensure that your Personal Data that we Process are
limited to
the Personal Data reasonably necessary in connection with the purposes set out in
this Notice.
(M) Data retention
We take every reasonable step to ensure that your Personal Data are only Processed
for the
minimum period necessary for the purposes set out in this Notice.
The criteria for determining the duration for which we will keep your Personal Data
are as
follows: we will retain copies of your Personal Data in a form that permits
identification only
for as long as is necessary in connection with the purposes set out in this Notice,
unless
applicable law requires a longer retention period. In particular, we may retain your
Personal
Data for the duration of any period necessary to establish, exercise or defend any
legal rights.
(N) Your legal rights
Subject to applicable law, you may have a number of rights regarding the Processing
of your
Relevant Personal Data, including:
-
the right not to provide your Personal Data to us (however, please note that we
may be
unable to provide you with the full benefit of our Sites, or our services, if
you do not
provide us with your Personal Data – e.g., we may not be able to process your
orders
without the necessary details);
-
the right to request access to, or copies of, your Relevant Personal Data,
together with
information regarding the nature, Processing and disclosure of those Relevant
Personal
Data;
-
the right to request rectification of any inaccuracies in your Relevant Personal
Data;
-
the right to request, on legitimate grounds:
-
erasure of your Relevant Personal Data; or
-
restriction of Processing of your Relevant Personal Data;
-
the right to object, on legitimate grounds, to the Processing of your Relevant
Personal
Data by us or on our behalf;
-
the right to have certain Relevant Personal Data transferred to another
Controller, in a
structured, commonly used and machine-readable format, to the extent applicable;
-
where we Process your Relevant Personal Data on the basis of your consent, the
right
to withdraw that consent (noting that such withdrawal does not affect the
lawfulness of
any Processing performed prior to the date on which we receive notice of such
withdrawal, and does not prevent the Processing of your Personal Data in
reliance
upon any other available legal bases); and
-
the right to lodge complaints with a Data Protection Authority regarding the
Processing of your Relevant Personal Data by us or on our behalf.
This does not affect your statutory rights.
To exercise one or more of these rights, or to ask a question about these rights or
any other
provision of this Notice, or about our Processing of your Personal Data, please use
the contact
details provided in Section (R) below. Please note that:
-
we may require proof of your identity before we can give effect to these rights;
and
-
where your request requires the establishment of additional facts (e.g., a
determination
of whether any Processing is non-compliant with applicable law) we will
investigate
your request reasonably promptly, before deciding what action to take.
(O) Cookies and similar technologies
When you visit a Site we may place Cookies onto your device, or read Cookies already
on
your device, subject always to obtaining your consent, where required, in accordance
with
applicable law. We use Cookies to record information about your device, your browser
and, in
some cases, your preferences and browsing habits. We may Process your Personal Data
through Cookies and similar technologies, in accordance with our Cookie Notice .
(P) Terms of Use
All use of our Sites, or our services is subject to our Terms of Use. We recommend
that you
review our Terms of Use regularly, in order to review any changes we might make from
time
to time.
(Q) Direct marketing
We may Process your Personal Data to contact you via email, telephone, direct mail
or other
communication formats to provide you with information regarding services that may be
of
interest to you. If we provide services to you, we may send information to you
regarding our
services, upcoming promotions and other information that may be of interest to you,
using the
contact details that you have provided to us and always in compliance with
applicable law.
You may unsubscribe from our promotional email list at any time by simply clicking
on the
unsubscribe link included in every promotional email we send. After you unsubscribe,
we will
not send you further promotional emails, but we may continue to contact you to the
extent
necessary for the purposes of any services you have requested.
(R) Contact details
If you have any comments, questions or concerns about any of the information in this
Notice,
or any other issues relating to the Processing of Personal Data carried out by us,
or on our
behalf, please contact:
HRsolution International AG
Toracker Park 11
9100 Herisau
Schweiz
Tel.:+41(0)71-534 83 83
E-mail: info@hrsolution.ag
Website: www.hrsolution.ag
(S) Definitions
-
“Adequate Jurisdiction”a jurisdiction that has been formally
designated by the
European Commission as providing an adequate level of protection for Personal
Data.
-
“Controller”means the entity that decides how and why Personal
Data are Processed.
In many jurisdictions, the Controller has primary responsibility for complying
with
applicable data protection laws.
-
“Cookie”means a small file that is placed on your device when
you visit a website
(including our Sites). In this Notice, a reference to a “Cookie” includes
analogous
technologies such as web beacons and clear GIFs.
-
“Data Protection Authority”means an independent public
authority that is legally
tasked with overseeing compliance with applicable data protection laws.
-
“EEA” means the European Economic Area.
-
“Personal Data”means information that is about any individual,
or from which any
individual is directly or indirectly identifiable, in particular by reference to
an
identifier such as a name, an identification number, location data, an online
identifier
or to one or more factors specific to the physical, physiological, genetic,
mental,
economic, cultural or social identity of that individual.
-
“Process”, “Processing” or “Processed”means anything that is
done with any
Personal Data, whether or not by automated means, such as collection, recording,
organisation, structuring, storage, adaptation or alteration, retrieval,
consultation, use,
disclosure by transmission, dissemination or otherwise making available,
alignment or
combination, restriction, erasure or destruction.
-
“Processor”means any person or entity that Processes Personal
Data on behalf of the
Controller (other than employees of the Controller).
-
“Relevant Personal Data”means Personal Data in respect of which
we are the
Controller. It expressly does not include Personal Data of which we are not the
Controller.
-
“Sensitive Personal Data”means Personal Data about race or
ethnicity, political
opinions, religious or philosophical beliefs, trade union membership, physical
or
mental health, sexual life, any actual or alleged criminal offences or
penalties, national
identification number, or any other information that may be deemed to be
sensitive
under applicable law.
-
“Site”means any website operated, or maintained, by us or on
our behalf.
-
“Standard Contractual Clauses”means template transfer clauses
adopted by the
European Commission or adopted by a Data Protection Authority and approved by
the
European Commission.