Dear Job Seekers!

This Privacy Policy is intended to give you an overview of which personal data is processed by JobCloud AG (hereinafter “JobCloud”, “we”, “us”) in the context of digital recruiting (hereinafter “Spotted”). Personal data is any information relating to an identified or identifiable person. “Digital Recruiting” means very briefly that we need your personal data mainly to analyze whether we have suitable job offers for you and to put you in contact with prospective employers. When we speak of “applicant” below, we mean you; when we speak of “prospective employers”, we mean people/companies that we assume are looking for someone with your profile. We may or may not be mandated by them to search for an applicant. In addition to the details of our data processing, you will also find out which rights you have under data protection and how you can exercise them.

Please ensure that you only provide us with personal data of other individuals (e.g. data of employers) if these persons are aware of this Privacy Policy and only provide us with their personal data if you are allowed to do so and if this personal data is correct.

Please note that (i) data relating to religious, philosophical, political or trade union views or activities, (ii) data relating to health (including genetic and certain biometric data), privacy or racial or ethnic origin, (iii) data relating to administrative and criminal prosecutions or sanctions and (iv) data relating to social assistance measures are considered particularly sensitive personal data under data protection law. Please do not submit such data, unless it is exceptionally necessary for a specific organ.

1. Who is responsible for processing your personal data? What are our contact details?

JobCloud AG, Albisriederstrasse 253, 8047 Zurich, is responsible for processing your personal data. It is therefore responsible for your personal data.

You can reach us either at the above address by letter or by email or phone:

Phone: +41 44 254 69 00

Email: dataprotection@jobcloud.ch

2. How is your personal data collected? What categories of data do we process?

We collect your personal data in one or more of the ways listed below. Depending on the type of collection, we process slightly different personal data.

2.1 Transmission of personal data when you apply for jobs on the JobCloud job platforms

If you apply for a job ad published on JobCloud’s job platforms and share your personal data for data processing for digital recruiting, the following personal data and documents will be collected on the application form, internally transmitted to our recruitment team and stored in our databases:

  • Identification data (e.g. name, gender, birthday, driver’s license)
  • Contact details (e.g. e-mail address, phone number, city, country)
  • Application documents (e.g. CV, certificates, cover letter, etc.)

2.2 Transmission of personal data when applying on external job boards and social media platforms

We collect your personal data when you apply for a job ad published by us on behalf of one of our business customers on an external job platform (e.g. LinkedIn, Facebook, Job Room (RAV), etc.).

  • Identification data (e.g. name, gender, birthday, driver’s license)
  • Contact details (e.g. e-mail address, phone number, city, country)
  • Application documents (e.g. CV, certificates, cover letter, etc.)

In addition, we receive the following information when you respond to additional job-related questions for the advertised position:

  • Additional job-related information (professional knowledge, professional experience, driver’s license, etc.)

2.3 Transmission of applicant data via the web form on the Spotted website

If you visit us on our website https://spotted.jobs.ch/talents and upload your application documents via the web form, your personal data will be stored in our internal databases, in particular:

  • Identification data (e.g. name, gender, birthday, driver’s license)
  • Contact details (e.g. e-mail address, phone number, city, country)
  • Application documents (e.g. CV, certificates, cover letter, etc.)

2.4 Active sourcing (proactive approach to applicants)

We carry out research in the professional networks (e.g. LinkedIn, Job Room (RAV), etc.; hereinafter “professional networks”). We will only contact you directly if we are entitled to do so under data protection law. Further data processing will only take place once you have accepted our Terms of Use. What specific personal data we process before you accept our Terms of Use depends on the terms of the professional networks. Please consult them. After accepting our Terms of Use, we will also process the personal data that you provide to us.

2.5 Transmission of applicant data by e-mail or other communication channels

We process your personal data if you provide it to us in the context of communication with us by e-mail or through other communication channels.

2.6 Transmission of applicant data via a profile on the JobCloud platforms

If you have directly shared your profile data and your CV for recruitment with Spotted via the JobCloud platforms, your personal data will be collected from your profile on the JobCloud platforms and stored in our internal databases, in particular:

  • Identification data (e.g. name, gender, birthday, driver’s license)
  • Contact details (e.g. e-mail address, phone number, city, country)
  • Application documents / CV (e.g. job title, languages, skills)
  • Job ads or jobs you have linked to your profile

2.7 JobCloud may also receive applications from third parties, such as state employment agencies, if these third parties have obtained the consent of the users accordingly.

2.8 Additional personal data

Insofar as this is permitted, we extract certain personal data from publicly accessible sources (e.g. the Internet) or receive such data from authorities and other third parties. In addition to the data that you provide to us directly, the categories of personal data that we receive about you from third parties include, in particular, information from public registers, information in connection with your professional functions and activities, information about you that people from your environment (work colleagues, former employees, etc.) give us with your consent.

If you are named as the referee, we will process your contact details to obtain information about the applicant and the information you provide about the use of the information in the procedures described here.

If we are commissioned by prospective employers to support them in the application process, we also process other categories of personal data: expectations, private situation, reason for termination, arrival method, workload, notice period, availability times and methods, reason for change, wishes, communication notes, application history, correspondence with you, records of the information in the interview, feedback from our business customer, feedback from you, contract details, negotiated workload, annual salary, length of probationary period.

3. For what purposes do we process your personal data and on what basis?

The main reason for processing personal data is to help you find employment as an applicant. We process your personal data for the purpose of and within the framework of digital recruiting in accordance with the principles of data protection law mainly for the fulfilment of our contractual agreement with you in accordance with the Terms of Use, possibly on the basis of your consent. We continue to process personal data due to legal obligations and/or within the framework of our legitimate interests.

In the following, we explain the purposes in accordance with the processing procedure (whereby the data is not always processed for all the purposes listed):

3.1. Checking your personal data for suitability for a job offer

JobCloud uses a matching technology developed by JobCloud to match users’ personal data. We extract data from the users’ application documents and/or, if access has been granted, the data from the users’ profile and CV. This data will be compared in pseudonymized form according the requirements of potential employers with the help of artificial intelligence (AI) to enable an initial statement about the potential match. In addition, the JobCloud recruitment team carefully checks the match. In addition, the JobCloud Recruitment Team will carefully review the compliance of your complete application documents and/or, if access has been granted, the data from your profile and CV on the JobCloud platforms, with the job offer.

3.2. Transmission of your personal data to potential employers / contact / support in the application process

a) Transmission of your personal data / contacting you / contacting a prospective employer

We will not only forward your personal data to prospective employers to whom you apply, but also to others who seem suitable to us.

If we transfer your personal data to a prospective employer to whom you have not directly applied, we will proceed in one of the two ways listed below:

(i) either we remove information that can clearly identify you as a person (such as your name) and then transmit the information to prospective employers without having consulted with you beforehand; we will contact you as soon as a prospective employer indicates interest, and then, with your consent, transmit your personal data, including information that clearly identifies you and establish contact with the prospective employer if they are still interested; or

(ii) we first consult with you and then, with your consent, transfer your personal data to the prospective employer. We will contact you later if the prospective employer is interested.

b) Supporting our business customers in the recruitment process until the conclusion of the employment contract

In some cases, we are commissioned by prospective employers to place qualified applicants for their vacancies and to accompany the recruitment process. If we are commissioned by such a business client to carry out the recruitment process, we also process your personal data for the purpose of handling the recruitment process for the duration of the recruitment process.

3.3. Marketing and market research

We use your contact information to send you information about our services or job offers via our newsletter or by other means, e.g. by email, post, phone or text. We occasionally ask our users to participate in market research. The legal basis for data processing for market research is your consent. Any additional personal data you provide as part of this market research will only be used with your further consent. You can contact us at any time in writing, by phone, by email (see the contact details under section 1) or in any other way provided for by us, to object in whole or in part to the processing operations in accordance with this section 3.3 and unsubscribe from newsletters at any time (e.g. by clicking on the “unsubscribe” link in an email from us). You can revoke your consent to market research and/or the further use of your data in this regard at any time (see section 6).

3.4. Training of matching technology & AI, product development as well as market and trend analyses

We process your personal data, from which we remove clear references to your person, for the development and improvement of our services and products and for the optimization and training of our matching technology. We also process your personal data for the development of an AI that allows us to remove personal data and anonymize documents.

We also process your personal data for market and trend analyses.

3.5. Payment processing with our business customer

If a prospective employer is our business customer, your personal data (surname, first name, annual income, workload) will be used when invoicing for payment processing with them.

4. To whom are the applicants’ data passed on and in which countries are the recipients?

4.1 As stated above under section 3, your personal data will be made accessible to potential employers. These are usually in Switzerland.

4.2. In the context of our business activities and the purposes in accordance with section 3, insofar as permitted and it appears to us appropriate, your personal data will also be disclosed to other third parties, either because they process it for us or because they want to use it for their own purposes. This concerns in particular the following entities (all collectively “recipients”):

  • Service providers of ours (such as hosting providers, cloud service providers, providers of parsing and matching solutions, advertising service providers, tracking technology providers, communication providers such as WhatsApp, customer management platforms)
  • Social media platforms
  • Domestic and foreign authorities, offices or courts, if necessary in a specific case
  • Purchasers or interested parties in the acquisition of business units, companies or other parts of JobCloud
  • Group companies
  • Other parties in possible or actual legal proceedings

These recipients are predominantly in Switzerland, but can also be outside Switzerland and the EU. If a recipient is located in a country without adequate statutory data protection, we contractually oblige the recipient to comply with the applicable data protection law (we use the revised standard contractual clauses of the European Commission, including legal adaptations for Switzerland), unless the recipient is already subject to a legally recognized set of rules to ensure data protection and we cannot rely on an exemption clause.

5. How long do we keep your data?

5.1 If you have submitted your CV together with your application on JobCloud’s job platforms by applying for job advertisements published by Spotted on behalf of potential employers on JobCloud platforms, external job portals and social media platforms, if you have submitted your CV to Spotted via e-mail or social media platform (e.g. LinkedIn) or uploaded your CV to the Spotted website, we will delete your personal data six (6) months after you have accepted our Terms of Use. If we need your data for more than 6 months, we will obtain your renewed consent for further storage.

5.2 If you have shared your profile data and your CV for recruitment with Spotted directly via the JobCloud platforms, we will not delete your data until you revoke your consent to the use of the data.

Please note that we will retain data about you from which we remove all obvious personal references for as long as we are legally entitled to do so.

6. What are your rights in relation to your personal data?

In accordance with the applicable legislation, you have the right to information about the personal data concerned as well as the right to rectification or erasure and to restriction of processing, including the right to object to processing and the right to data portability. Please note, however, that we reserve the right to assert the restrictions provided for by law, for example if we are obliged to store or process certain data, have an overriding interest in doing so or need it to assert claims. Insofar as you have given us consent to process your personal data for certain purposes, we process your personal data within the framework of and based on this consent, insofar as we have no other legal basis and we need it. Consent given can be revoked at any time, but this has no effect on data processing that has already taken place.

You also have the right to enforce your claims in court or to lodge a complaint with the competent data protection authority. The responsible data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch).

If you have any questions about data protection, you can contact our data protection team directly, which is also available in the event of questions, requests or complaints. The contact details can be found under section 1.

7. Modifications

We may modify this Privacy Policy at any time without notice. The current version published on our website always applies.

Zurich, May 2024