September 1st, 2023
Dear jobseeker
This Data Protection Notice is intended to provide you with an overview of what personal data is processed by JobCloud AG (hereinafter “JobCloud”, “we”, “us”) in the context of Digital Recruiting (we also call it “Spotted”). Personal data means any information that relates to a specific 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 potential employers. When we refer to “jobseekers” below, we mean you; when we refer to “potential employers”, we mean people/companies that we believe are looking for someone with your profile. We may or may not be instructed by them to look for a jobseeker. In addition to the details of our data processing, you will also find out what rights you have under data protection laws and how you can exercise them.
Please make sure that if you provide us with personal data of other persons (e.g. data of employers), these persons are aware of this Data Protection Notice and only share their personal data with us if you are allowed to do so and if this personal data is correct.
Please note that (i) data on religious, philosophical, political or trade union-related views or activities, (ii) data on health (including genetic and certain biometric data), intimate sphere or the racial or ethnic origin, (iii) data on administrative or criminal proceedings and sanctions, and (iv) data on social security measures are considered sensitive personal data under data protection law. Please do not provide such data unless it is exceptionally necessary for a specific job.
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 the controller of your personal data.
You can reach us either at the above address by letter or also by e-mail or phone:
Tel: +41 44 254 69 00
E-mail: dataprotection@jobcloud.ch
2. How are 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 a job over advertisements on JobCloud’s job platforms
If you apply to a job advertisement published on JobCloud’s job platforms and thereby release your personal data for data processing for Digital Recruiting, the following personal data and documents will be collected from you on the application form and transmitted internally 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, phone number, city, country)
· Application documents (curriculum vitae, certificates, letter of motivation, etc)
2.2. Transmission of personal data when applying to external job boards and social media platforms
We collect your personal data when you apply for a job advertisement that has been 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, phone number, city, country)
· Application documents (curriculum vitae, certificates, letter of motivation, etc)
In addition, we will receive the following information if you respond to job-related supplemental questions for the advertised position:
· Additional job-related information (professional skills, work experience, existence of driver’s license, etc.)
2.3. Submission of jobseeker’s data via the web form on Spotted’s 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 recorded in our internal databases, these are 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, letter of motivation, etc)
2.4. Active sourcing (proactive approach to jobseekers)
We conduct searches in professional networks (e.g., LinkedIn, Job Room (RAV), etc “Professional Networks”). We only contact you directly if we are authorized to do so under data protection law. Further data processing will only take place after you have accepted our Terms of Use . Which specific personal data we process before you accept our Terms of Use depends on the terms of the professional networks. Please consult them. After acceptance of our Terms of Use, we also process the personal data that you provide to us.
2.5. Transmission of the jobseeker data by e-mail or other communication channels
We process your personal data when you send it to us in the course of communicating with us via e-mail or other communication channels.
2.6. Additional personal data
To the extent permitted, we also obtain certain personal data from publicly available sources (e.g., the Internet) or from authorities and other third parties. In addition to the data that you provide 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 in your environment (work colleagues, former employees, etc.) give us with your consent.
If you are named as a reference, we will process your contact information, to obtain information about the jobseeker as well as the additional information you provide to us to use such in the procedures described herein.
If we are instructed by potential employers to accompany them in the application process with you, we also process other categories of personal data: expectations, private situation, reason for termination, method of arrival, workload, notice period, availability times and methods, reason for change, wishes, communication notes, application history, correspondence conducted with you, records of the information provided in the job interview, feedback from our business customers, 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?
Basis:
The main reason for processing personal data is to help you as a jobseeker in your search for employment. We process your personal data for the purpose of and within the scope of the Digital Recruiting Spotted in accordance with the data protection principles mainly for the fulfillment of our contractual agreement with you in accordance with the Terms of Use, and where applicable based on your consent. We further process personal data due to legal obligations and/or within the scope of our legitimate interests.
Below we explain, according to the course of processing, the purposes (although not in every case the data will be processed for all purposes listed):
3.1. Matching your personal data to verify suitability for a job offer
For the matching of your personal data, we use our matching technology developed at JobCloud. We extract data from your application documents and the requirements of a potential employer in a pseudonymized form, which is compared with the help of an AI to enable a preliminary statement about the possible match. In addition, JobCloud’s Recruitment Team carefully checks the match of complete application data with the job offer.
3.2. Transmission of your personal data to potential employers / contacting / put in contact / accompaniment in the application process
a) Transfer of your personal data / contacting you / put in contact with potential employer
We will forward your personal data not only to potential employers to whom you apply, but also to others who seem suitable to us.
If we transfer your personal data to a potential employer to whom you have not applied directly, we will do so in one of the two ways listed below:
(i) either, we remove information that clearly identifies you as an individual (such as your name) and then provide that information to potential employers without first consulting you; we contact you when a potential employer expresses interest, and thereafter provide your personal information, including information that clearly identifies you, with your consent; we put you in contact if the potential employer thereafter still expresses interest; or
(ii)we first consult with you and then, with your consent, transmit your personal data to the potential employer. Later, we will put you in contact with the potential employer if the potential employer shows interest.
b) Supporting our business customers in your application process until the conclusion of the employment contract
In some cases, we are commissioned by potential employers to place qualified jobseekers for their vacancies and to accompany the recruitment process. If we are commissioned by such a business customer to carry out the application process, we also process your personal data for the purpose of handling the application process for the duration of the application process.
3.3. Marketing and market research
We use your contact information to send you information about our services or job opportunities through our newsletter or by other means, such as e-mail, postal mail, telephone, or text message. We occasionally ask our users to participate in market research. The legal basis for processing data for market research is your consent. Any additional personal data you provide as part of this market research will also only be used with your further consent. You may at any time object in writing, by telephone, by e-mail (see the contact details under section 1) or in any other way provided by us, in whole or in part, to processing in accordance with this section 3.3 and unsubscribe from marketing at any time (e.g. by clicking on the “unsubscribe” link on an e-mail). You can revoke your consent for market research and/or the further use of your data in this regard at any time (see section 6).
3.4. Matching technology & AI training, product development, and market and trend analysis
We process your personal data, where we remove clear references to your person, for the development and improvement of our service 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/anonymize documents.
We also process your personal data for market and trend analyses.
3.5. Payment processing with our business customer
If a potential employer is our business customer, your personal data (surname, first name, annual income, workload) will be used for invoicing for payment processing with them.
4. With whom is the jobseeker data shared and in which countries are the recipients?
4.1 As already explained in section 3 above, your personal data will be made available to potential employers. They are normally always located in Switzerland.
4.2 Within the scope of our business activities and the purposes set out in section 3, we will also disclose your personal data to other third parties, insofar as this is permitted and appears to us to be appropriate, either because they process it for us or because they want to use it for their own purposes. This applies in particular to the following bodies:
· service providers of us (such as hosting providers, cloud service providers, parsing and matching solution providers, advertising service providers, tracking technology providers, communication providers such as WhatsApp, customer management platforms)
· social media platforms
· domestic and foreign authorities, official agencies or courts, if required in a specific case
· acquirers or parties interested in acquiring business units, companies or other parts of JobCloud
· group companies
· other parties in possible or actual legal proceedings
all together “recipient”.
These recipients are partly domestic, but can be anywhere in the world. If a recipient is located in a country without adequate legal data protection, we contractually oblige the recipient to comply with the applicable data protection (for this purpose, we use the revised standard contractual clauses of the European Commission, which are available here, including legal adaptations for Switzerland), unless it is already subject to a legally recognized set of rules to ensure data protection and we cannot rely on an exemption provision.
5. How long do we store your data?
We will delete your personal data 6 months after you have accepted our Terms of Use. If we need your data for longer than 6 months, we will ask for your consent to store it again.
Please note, however, that we will retain data from you where we remove all obvious personal references for longer; for as long as we feel legally entitled to do so.
6. What are your rights regarding your personal data?
In accordance with the applicable legislation, you have the right to access the personal data in question, as well as the right to rectification or deletion or 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 enforce the restrictions provided for by law, for example if we are obliged to retain or process certain data, have an overriding interest in doing so or require it for the assertion of claims. If you have given us consent to process your personal data for certain purposes, we will process your personal data within the scope of and based on this consent, unless we have another legal basis and we require such a basis. 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 file a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Swiss Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch).
If you have questions about data protection, you can contact our data protection team directly, which is also available in the event of requests for information, applications or complaints. The contact details are listed in section 1.
7. Changes
We may amend this Data Protection Notice at any time without prior notice. The current version published on our website applies.