The protection of personal data is very important to Staffed Ltd (hereinafter "we" or "Staffed"). We therefore observe strict compliance with all applicable data protection provisions, in particular the Swiss Federal Act on Data Protection ("FADP") and the EU General Data Protection Regulation ("GDPR"). We guarantee confidential treatment of all personal data entrusted to us and we assure you that we will handle this data with the greatest care and process the data appropriately and limit it to the amount needed for the purpose of the processing. This Data Protection Declaration applies to the use of all services and products offered by Staffed, regardless whether Users avail themselves of the products and services offered by Staffed on our website, staffed.com, on mobile applications, by phone or in other ways. By submitting your personal data on our website, staffed.com, or our mobile applications (together, referred to as "Platforms") you expressly agree that your personal data will be handled in accordance with the following Data Protection Declaration. The definition of terms used in the General Terms and Conditions also applies to this Data Protection Declaration, if not defined in another way.
1. DATA COLLECTION AND STORAGE
1.1. Data submission
Any data entrusted to us are stored in the database of Staffed, are handled with the strictest confidentiality and are not forwarded to third parties, except in cases pursuant to article 6 herein.
1.2. Registration of Staffers and Applicants
As Staffer and/or Applicant you may register your profile on the websites of Staffed. You yourself determine what personal data you enter into the profile and you bear the responsibility for the topicality of your data. For registration purposes, an email address must be submitted. The scope of the personal data required for use of a service and the manner in which it is handled are set out in the description of the corresponding service on the Platforms of Staffed.
When publishing a new Ad Account, Advertisers must include all the necessary information for invoicing and the management of their Client relationship with Staffed. Three-level access information (consisting of the Client number, username and password) provides the Advertiser with secure access to the management of its job announcements. Any and all data generated by the Advertiser during the Client relationship are stored in the database of Staffed for an indefinite period to facilitate a reactivation of the business relationship at a later time. If the Client data remain unused over a long period, Staffed reserves the right to delete such data.
1.4. Information we may collect about you
We may collect and process the following personal information about you: • Where you are an Applicant, as part of the application registration process, your biographical details ( including name, date of birth, gender) , contact details including your postal and email address, telephone number and mobile serial number, CV details, your photograph (where you have uploaded one), your identification and eligibility to work in the country where the advertised job shall be fulfilled such as your national social insurance number, passport and/or visa details, your rating data, interview details, mobility options, driving license category information, recommendations by former employers (where you have chosen to provide these), details regarding your qualifications as required by the service or as volunteered by you; • Where you are a Staffer who successfully recommended an applicant against the settlement of a Disclosure Fee, your bank details; • Information that you provide by filling in forms on the Platforms. This includes information provided at the time of registering an account, using the services from the Platforms, posting material or requesting further services. We may also ask you for information when you report a problem with our platforms; • If you are a Staffer and an Applicant applies on an advertised job position using your unique referral link, we will be able to match the unique referral link used to your user profile; • If you contact us, we may keep a record of that correspondence; • We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them; and • Details of your visits to the website and information collected through cookies and other tracking technologies including, but not limited to, your IP address and domain name, your browser version and operating system, traffic data, location data, weblogs and other communication data, and the resources that you access (cf. para 1.6. below, for further information).
1.5. Duration of the Processing
Duration of the data processing if you have a Staffed account as a Staffer: The personal data entered by you in your Staffed Account is accessible to you for the duration of the contractual term and is stored by us for this period. The personal data is finally and irrevocably erased or anonymized when (i) you delete individual data or your profile or instruct us to do so or when the contract ends, i.e. if you or we terminate the contract (you can obtain details on this from the General Terms and Conditions) and (ii) we do not need the data for the fulfillment of the contract, are not legally obligated to retain it or the processing is not for the purposes of establishing, exercising or defending legal rights. Please note that for technical and/or organizational reasons it may take several days before your data is finally and irrevocably erased. In case we anonymize your personal data instead of erasing it, we ensure that your data no longer contains any personal data following the anonymization, i.e. neither we nor third parties can attribute this data to you. Duration of the data processing if you have no Staffed Account (such as a visitor or an Applicant): If you are an Applicant, we store your application data only as long as the job ad for the job you applied for is active and thereby only for a limited time of a maximum of 6 Months. The application data will be erased upon conclusion of the application process, the latest. Logfiles are anonymized after 7 days at the latest by shortening the IP address at domain level, so that it is no longer possible to establish a reference to the individual user. We store your other personal data for a maximum period of six months. On expiry of this period we erase all your personal data finally and irrevocably or we anonymize this data where we do not have a legal obligation to retain it or the processing is for the purposes of establishing, exercising or defending legal rights. In case we anonymize your personal data instead of erasing it, we ensure that your data no longer contains any personal data following the anonymization, i.e. neither we nor third parties can attribute this data to you. Duration of the data processing if you have a Staffed account as an Advertiser: All data generated by the Advertisers during the business relationship remains stored in the Staffed database for the duration of the business relationship. We erase all data as soon as the contract with you ends and we do not need the data for settlement of the contract, are not under a legal obligation to retain the data or the processing is not required for the purposes of establishing, exercising or defending legal rights.
2. USES MADE OF YOUR PERSONAL DATA AND JUSTIFICATION OF USES
2.1. Your Personal Data
We may use your personal information in the following ways listed below. Use of personal information under the Swiss and EU data protection laws must be justified under one of a number of legal grounds and we are required to set out the ground in respect of each use in this policy. These are the principle grounds that justify Our use of your information:
• Consent: where you have consented to Our use of your information (you are providing your explicit, informed, freely given consent, in relation to any such use and may withdraw your consent in the circumstances detailed below by notifying Us);
• Contract performance: where your information is necessary to enter into or perform our contract with you;
• Legal obligation: where we need to use your information to comply with Our legal obligations;
• Legitimate interests: where we use your information to achieve a legitimate interest and Our reasons for using it outweigh any prejudice to your data protection rights; and
• Legal claims: where your information is necessary for Us to defend, prosecute or make a claim against you or a third party. We may use your personal information in the following ways. For each use, we note the grounds we use to justify each use of your personal information:
• To connect you with other Users. This will be conducted via a largely automated matching process facilitated by an algorithm on the website (the Application). The Application seeks to match you with other Users by reference to the data you have provided to us along with any criteria specified by the other User. This may result in decisions being made automatically. For example, decisions as to which hirers receive your profile in response to a job application. We ensure there are safeguards in place to protect your rights and freedoms and legitimate interests and you have the right to obtain human intervention and to contest any automated decisions made using the Application. - Use justification: contract performance, (to enable us to provide our services to you).
• Where you are an Applicant, to assess your suitability for advertised jobs - Use justification: legitimate interests (to assess your suitability to work for an Advertiser).
• Where you are an Advertiser or a Staffer, to administer any relevant social security contributions. - Use justification: contract performance, legal obligation.
• To carry out our obligations arising from any contracts entered into between a User and us such as to make payments to you (where applicable). - Use justification: contract performance.
• To provide you with secure areas to post and modify your submissions to the website and to enable you to share content with other Users; - Use justification: contract performance, (to enable us to provide our services to you).
• To provide you with promotional details of our services and/or details of discounts and special offers from our partners, where you have chosen to receive these (please see the section on "Marketing", below. - Use justification: legitimate interests; consent where marketing relates to third party goods or services.
• To operate and manage our referral scheme including to administer incentives/commission to you. - Use justification: legitimate interests (to enable us to provide our services to you).
• By law, Staffed may only collect statistical data in anonymized form for the purposes of labour market analysis (Art. 7 para 2 Recruitment and Hiring of Services Act, Arbeitsvermittlungsgeset, AVG)
• To analyse it to develop our services and systems and to understand our Users' requirements. - Use justification: legitimate interests (to allow us to improve our services);
• To allow you to participate in interactive features of the website. - Use justification: legitimate interests (to enable us to provide Our services to you); and • To notify you about changes to our services and products. - Use justification: legitimate interests (to enable us to manage our services).
• Marketing: we may use your information for marketing our own services to you such as by regularly sending you our newsletter by email and, where required by law, we will ask for your consent at the time we collect your data to conduct any of these types of marketing. - Use justification: legitimate interests ( to communicate to you any other of our services or products which may be of interest to you).
• We may also use your information to send you details about special offers and discounts which are being provided by our selected business partners, and, where required by law, we will ask for your consent at the time we collect your data to conduct any of these types of marketing. - Use justification: consent (which can be withdrawn at any time. Please cf. para. 10, below). We will provide an option to unsubscribe or opt -out of further communication on any electronic marketing communication sent to you or you may opt
2.2. Storage of Access Data
When you call up our website, it is technically necessary for data to be transmitted to our web server via your Internet browser. The following data is recorded during an ongoing connection for communication between your internet browser and our web server:
• IP address
• Date and time of access
• Name of the file viewed
• Access status (OK, partial content, document not found, etc.)
• Page on which the access was made
• Top-Level-Domain (*.ch, *.ro, *.com etc.)
• Web browser used
• Operating system used We collect the listed data in order to guarantee a smooth connection establishment of the website and to enable a comfortable use of our website by the users. In addition, the log file serves to evaluate system security and stability as well as administrative purposes. – Use Justification: The legal basis for the temporary storage of data or log files is Art. 6 para. 1 lit. f GDPR. For reasons of technical security, in particular, to prevent attempted attacks on our web server, we store this data for a short period of time. Based on this data, it is not possible for us to draw conclusions about individual persons. After 7 days at the latest, the data is anonymised by shortening the IP address at domain level, so that it is no longer possible to establish a reference to the individual user.
Tracking and Analysis Tools
We use a variety of technical tracking and analysis systems to measure and analyze the use of our services. These measurements may be anonymous or personally identifiable. The collected data may also be disclosed by us or the third-party suppliers of such technical systems for processing. The most commonly used analysis tool is Google Analytics, a service of Google Inc. Google Analytics
3. DATA SECURITY
Staffed installs technical and organizational security measures to protect the managed data in accordance with current technology against accidental or intentional manipulations, loss, destruction or against unauthorized access. The security measures are continuously improved with developments in technology.
4. PAYMENT THROUGH STRIPE
Staffed offers various paid products and services to its Clients. Depending on the type of offer, Staffed offers the option to pay by invoice or credit card. Payment by credit card is carried out through the online payment system of stripe.com. Personal data and payment data (credit card numbers) are in such case processed directly through stripe. Staffed does not view or store its Clients’ payment data. Stripe.com advises Staffed electronically of the payment status so that Staffed can perform delivery of products or activate the service purchased by the Client. The storage or processing of personal and payment data by stripe.com is subject to the corresponding data protection provisions of stripe.com, which you can find at https://wwwstripe.com. We request that you consult these before using this payment option.
5. THIRD PARTY OFFERS
Staffed also displays on its websites third party offers and/or creates links to third party offers or websites. Staffed accepts no liability for the collection and processing of personal data by third parties. The corresponding data protection provisions of third party offerors shall apply.
6. TRANSFER OF YOUR PERSONAL DATA TO THIRD PARTIES AND TO THIRD COUNTRIES BY STAFFED
• Forwarding of applications to Advertisers: If you as an Applicant apply for a job using our Platform, you agree to your application being passed to the corresponding Advertisers. You can make your data available to an Advertiser using the "Apply Now" Link. In these cases, we send your application data to the relevant Advertiser. In this case, the data protection policy of the respective Advertiser apply to the subsequent processing of your data by the employer or recruiter. The respective employer or recruiter is responsible for complying with all applicable data protection provisions and to obtain your consent (cf. para. 7, below). For any requests regarding the processing of your personal data by respective Advertiser (e.g. request for erasure), please contact the relevant Advertiser directly. - Use justification: contract performance, legitimate interests (to enable us to provide our services).
• Publication of job advertisements: Job advertisements that you as Advertiser publish on the Platforms of Staffed can contain personal data (e.g.name and email address of the HR staff responsible for the applications). When we publish job advertisements on our Platforms in accordance with your instructions, we make such data accessible to third parties who visit our Platforms, in particular Staffers and Applicants. - Use justification: contract performance, legitimate interests (to enable us to provide our services).
• In the event that we (or part of us) are (i) subject to negotiations for the sale of our business or (ii) are sold to a third party or (iii) undergo a reorganization, you agree that any of your personal information which we hold may be transferred to that re-organised entity or third party and used for the same purposes as set out in this Data Protection Declaration or for the purpose of analyzing any proposed sale or reorganization. We will ensure that no more of your information is transferred than necessary. – Use justification: legal obligation, legal claims, legitimate interest, contract performance.
• We may disclose your personal information to third parties, the court service and/or regulators or law enforcement agencies in connection with proceedings or investigations anywhere in the world where compelled to do so. Where permitted, we will direct any such request to you or notify you before responding unless to do so would prejudice the prevention or detection of a crime. - Use justification: legal obligation, legal claims, legitimate interests (to cooperate with law enforcement and regulatory authorities).
• Third party providers engaged by you: If you access third party services such as social media through our websites or before visiting our websites, we may from time to time receive data such as user name, password or other data, that these service providers make available to us in order to improve and individually adapt the use of our websites. The data that we may collect from your account with a social media network, may depend from the privacy settings that you entered on the relevant platform; we therefore recommend that you check the privacy policies and practices of these platforms. - Use justification: consent (which can be withdrawn at any time. Please cf. para. 10, below).
• Third party providers engaged by us: We sometimes use offers of third party providers such as data processors to process your data on our behalf. This in order to process payments, to distribute marketing material or for analytical customer services. These data processors are bound to secrecy and they are prohibited from using your data for their own purposes or for any other purposes. - Use justification: contract performance, legitimate interests (to enable us to provide our services).
• Transmission to third countries: Our processors may be located outside Switzerland or the European Union. Staffed ensures that a transmission occurs only in countries that have data protection standards corresponding with those in Switzerland or the EU or only to processors holding Privacy Shield certification and who thus guarantee data protection standards commensurate with those of Switzerland or the EU. - Use justification: contract performance, legitimate interests (to enable us to provide our services).
7. USE OF APPLICANT DATA BY ADVERTISERS
The Advertisers undertake to use received candidate data only for the purpose of filling an open position within their own company or group of companies. Use of the data for purposes other than its own is prohibited without the prior consent of the applicants. The candidate data obtained must always be managed on the Platforms of Staffed and only for the purposes of staffing. However, if the Advertiser intends to process the applicant data on his own systems, to use it for purposes other than staffing, to process applicant data beyond the duration of the application process and the like, he/she/it is in any case responsible for complying with the applicable data protection law and must, if necessary, previously obtain consent from the Applicant.
8. STAFFED ON MOBILE DEVICES
We offer free apps for diverse mobile devices and a version of our standard website adapted for mobile devices. These apps and mobile websites collect and process your personal data in the same way as described in this Data Protection Declaration; this Data Protection Declaration applies. With your agreement we shall send you push notifications with information on your job search.
9. AMENDMENT/DELETION OF DATA
Each Client can delete its profile or job ad itself. The deletion of Client data can also be requested by email to email@example.com. Information contained in the profile of the Applicant or inserted job ads can be changed exclusively by the Client concerned.
10. Your Rights
You have the right to ask us not to process your personal data for marketing purposes. We will inform you if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking respective boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us as set out in para. 11 or by unchecking the relevant boxes on your user profile or in respective newsletter.
Right of Access (Art. 15 EU GDPR)
You have the right to request that we provide you with a copy of your personal data free of charge. Whilst your account is active, you have access to all of your profile data which can be accessed at any time. The first copy you request of the personal data undergoing processing will be provided free of charge, but we may charge you an administration fee for any further copies. Repeated, excessive or manifestly unfounded requests will be subject to a reasonable fee to meet our costs in providing you with details of the personal information we hold about you, or we may refuse to act on such requests. In particular, you may request information about the purposes of the processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right of rectification, deletion, limitation of processing or opposition, the existence of a right of appeal, the origin of your data if it has not been collected from us, as well as the existence of an automated decision making process including profiling and, if applicable, meaningful information on its details.
Right of Rectification (Art. 16 EU GDPR)
We will use reasonable endeavours to ensure that your personal information is accurate. In order to assist us with this, you should notify us of any changes to the personal information that you have provided to us by updating your details on your user profile settings page on the Website. Furthermore, you may with an email to firstname.lastname@example.org provide information to us concerning the personal data about you stored by us or require the completion of your data or the rectification of incorrect personal data. We shall process your request without delay.
Right to Deletion (Art. 17 GDPR)
You may at any time by email to email@example.com or by deactivation of your profile via the account settings request the erasure of the personal data concerning you and stored by us. We shall then erase your personal data without delay and irrevocably as soon as all existing contracts and other legal relations with you are completely closed and to the extent that we do not have any legal obligation to retain your personal data or the processing does not serve the establishment, exercise or defense of legal claims. Please note that following erasure we will no longer be able to refer back to the data provided by you. Revocation of Consent Given (Art. 7 para. 2 GDPR)
You have the right to revoke your consent to the processing of data at any time with effect for the future. In the event of revocation, we will immediately delete the data concerned unless further processing can be based on a legal basis for processing without consent. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the revocation.
Right to Restrict Processing (Art. 18 GDPR)
You have the right to ask us to restrict processing of your personal data. You have the right to demand the restriction of the processing of your personal data insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you refuse its deletion and we no longer need the data, but you need it to assert, exercise or defend legal claims or you have lodged an objection against the processing pursuant to Art. 21 GDPR.
Right to Data Portability (Art. 29 GDPR)
You have the right to receive the personal data concerning you, which you provided to Staffed, in a structured, commonly used and machine-readable format and have the right to transmit that data to another controller without hindrance from Staffed or to have such data transferred by Staffed, where (i) the processing is based on consent pursuant to Art. 6 para. 1 (a) EU GDPR or Art. 9 para. 2 (a) EU GDPR or on a contract pursuant to Art. 6 para. 1 (b) EU GDPR and (ii) the processing is carried out by automated means. If you have a Staffed account, you can access all the profile information provided by you via the Platforms and download such information or ask us to provide you with said data. Asking us to stop processing your personal data or deleting your personal data will likely mean that you are no longer able to use our services, or at least those aspects of our services which require the processing of the types of personal data you have asked us to delete. Where you request, we rectify or erase your personal data or restrict any processing of such personal data, We may notify third parties to whom such personal data has been disclosed of such request. However, such third party may have the right to retain and continue to process such personal data in its own right, for example, any hirers which have received your personal data may need to retain it on lawful grounds without your consent. Objection (Art. 21 GDPR)
If your personal data is processed on the basis of Art. 6 para.1 (f) EU GDPR, you may at any time object to the processing by email to firstname.lastname@example.org. We shall then immediately cease the processing of your personal data in so far as we cannot prove compelling legitimate grounds for the processing that override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.
Right to Lodge a Complaint
If GDPR applies: Without prejudice to other regulatory or legal remedies, according Art. 77 GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, your place of work or the location of the presumed infringement, if you believe that the processing of the personal data concerning you infringes the EU GDPR. The supervisory authority to whom the complaint is made shall inform the complainant of the status and the outcome of the complaint including the option of a judicial remedy under Art. 78 EU GDPR. If FADP applies: We encourage our customers to engage with us in the event you have any concerns or complaints. However, you have the right to lodge a complaint to the Swiss supervisory authority such as the Federal Data Protection and Information Commissioner (see https://www.edoeb.admin.ch/edoeb/de/home.html).
11. Controller and Contact
Owner of data collection within the meaning of the FADP or controller within the meaning of the EU GDPR is: Staffed AG Rainstrasse 1 8104 Weiningen Switzerland Email: email@example.com Phone: +41 76 327 47 88 We can be contacted in relation to your rights or any questions or complaints you may have in respect of this Data Protection Declaration or our processing of your personal information at the addresses given above.
12. EU Representative
As EU representative of Staffed AG according to Art. 27 of the EU GDPR the following company has been mandated: incurzion srl, Constantin Sandu-Aldea 24, RO-012061 Bucharest, CUI 35352506, firstname.lastname@example.org, 0040 737 892 042
13. AMENDMENTS TO THIS DATA PROTECTION DECLARATION
In compliance with the applicable data protection regulations, we may change the content of the Platforms or our other services and products without notice, and consequently this Data Protection Declaration may change at any time in the future. Any amendments shall be published on the websites of Staffed. We therefore encourage you to review it from time to time to stay informed of how we are using personal information. Weiningen, May 2018