Privacy Policy

We have updated our privacy policy, in which we have acknowledged the provisions of the General Data Protection Regulation (GDPR) that entered into force in the European Union. We have taken measures that serve to strengthen the protection of personal data and have described these in a transparent manner. Furthermore, we have specified which data we collect for which purpose and which rights you can exercise in relation to this data. Our new privacy policy will enter into force as of 28 May 2018. Please do not hesitate to contact us at the following email address should you have any further questions: dataprotection@jobcloud.ch.

 

PRIVACY POLICY

 

1. STATEMENT ON DATA PROTECTION

The protection of personal data is very important to JobCloud AG (hereinafter “we” or”JobCloud”). We therefore observe strict compliance with all applicable data protection provisions, in particular the Swiss Data Protection Act (“Datenschutzgesetz”, hereinafter “CH DSG”) and the EU General Data Protection Regulation (hereinafter “EU 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 privacy policy applies to the use of all services and products offered by JobCloud, regardless whether Users avail themselves of the products and services offered by JobCloud on our various websites (e.g. job.ch, jobup.ch, jobscout24.ch, hereinafter the “Platforms”), on mobile applications (hereinafter called “Apps”), by phone or in other ways.

2. PROCESSING OF DATA

2.1 JOBSEEKERS

2.1.1 Jobseekers with a JobCloud Account

a) Type of personal data: As jobseeker you may register a profile on our Platforms (hereinafter “JobCloud Account”). Provision of an email address and password is required for registration. You yourself may determine whether you wish to input additional personal data into your profile (e.g. first and surname, address, telephone number, gender, profession, interests etc.) and/or upload documents (e.g. resumé, model motivation letter etc.) into your JobCloud Account. You will find further information on registration in the JobCloud terms of use.

b) Purposes of data processing: We process the personal data provided by you for the following purposes:

  • Provision of services: Numerous online services are available to registered jobseekers on our platforms (e.g. One Click Application, Job Alarm, CV Cloud, Candidate Care, Watch List, Talent Check, Salary comparison etc.; You will find further information on our services on the JobCloud Platforms and in the JobCloud terms of use). We use the personal data provided to us, in so far as and to the extent that this is necessary for the provision of services that you use.
  • Cross-device personalization: Where you use our services on one device and log in accordingly with your account, we can connect your account with this device and depending on your settings we can personalize your user experience and our offerings on other devices that you use for our services.
  • Application history: In case you have used our services before registering a JobCloud Account (e.g. you have applied for a job via our Platform) and JobCloud has not yet deleted such data (for the deletion of personal data of non-registered users, cf. paragraph 2.1.2 lit. d), JobCloud will link this data with your JobCloud Account. This gives you the possibility to keep track of your application process.
  • Improvement of our services:
    • We use the data stored by you in your JobCloud Account in order to optimize the job search and job recommendations for you and other users of our Platforms with the help of a statistical model (hereinafter “Job Matching”; you will find detailed information on Job Matching in paragraph 3).
    • In addition we use personal data for analytical purposes to improve the user-friendliness, functionality and quality of our Platforms (you will find detailed information on this in paragraph 5).
    • JobCloud showcases third-party offerings on its Platforms and in its emails and newsletters or creates links to offerings or websites of third parties (e.g. employers‘ job vacancies). By redirecting clicks or by other means we can follow the manner in which you use these links to improve our services and produce statistics.
    • Where you access third-party service providers such as social media services via our Platforms or before your visit, we may collect data such as username, password or other data that is made available to us via these services in order to improve the use of our Platforms and make individual adaptations. The information that we collect from your account with the respective social network may depend on the data privacy settings that you have made on that social network; therefore, please consult the privacy policyof the relevant social network.
  • Marketing:
    • We use your contact information to provide you with information concerning job-related products and services or job openings through our newsletter or in other ways, e.g. per email, telephone or SMS. You can unsubscribe from any marketing email at any time by clicking on the “unsubscribe” link that is included in each marketing email. It is also possible that we will use your contact details to contact you personally, e.g. by telephone, and to suggest to you suitable job openings.
    • Based on the details submitted to individual openings on the JobCloud Platforms or on other websites and social media pages can be shown to you. These may be openings that you can find directly on one of the JobCloud Platforms or products and offerings of third parties that might be of interest to you.
    • JobCloud displays third party offerings on its Platforms and in its emails and newsletters or creates links to offerings or websites of third parties (e.g. employers‘ job vacancies). By redirecting clicks or in other ways we can follow the manner in which you use these links to improve personalized offers for you.
  • Market research: We occasionally ask our customers to participate in market research. All additional personal data acquired in the course of this market research are used only with your consent.
  • Prevention of criminal offences: Your personal data is used as necessary in order to discover or to avoid fraud or other illegal activities.

c) Legal basis for data processing: On establishing a JobCloud Account (i.e. with registration on one of our Platforms) a contract comes into being between you and JobCloud (detailed information concerning this can be found in the JobCloud terms of use. The legal basis of the data processing for the purpose of providing services and the cross-device personalization is Art. 13 para. 1, 2 (a) CH DSG or Art. 6 para. 1 (b) EU GDPR. In so far as we use your data to improve our services, for marketing purposes or market research or to prevent criminal offences, the data processing is carried out on the grounds of a predominantly private or legitimate interest (application for or improvement of our services; prevention of criminal offences) and thus on the basis of Art. 13 para. 1 CH DSG or Art. 6 para. 1 (f) EU GDPR.

d) Duration of the data processing: The personal data entered by you in your JobCloud 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 JobCloud terms of use) 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.

2.1.2 Jobseekers without a JobCloud Account

a) Type of personal data: As jobseeker you may use selected services (in particular job search, application function, salary check) without registering. In the case of a job search we store only your IP address. If you use the application function and apply for a vacancy using our platform, then you decide for yourself which personal data you make available to us for this. Typically, in this event it will be first name and surname, address, telephone number, gender, profession and biographical details of your CV and interests. If you use the salary check service, we save data regarding your current employer, place of employment, gender, age, education and other information entered by you. However, we do not link this data to your IP address or any other identifying feature. Therefore, neither JobCloud nor any third party may use such data to identify you.

b) Purposes of data processing: We process the personal data made available by you for the following purposes:

  • Provision of services: Selected services are available to non-registered users (e.g. application function, search function, salary check; you will find detailed information on our services for non-registered jobseekers on the JobCloud Platforms and in the JobCloud terms of use. We use the personal data made available to us, where and to the extent that it is necessary for the provision of services that you use.
  • Improvement of our services:
    • We use your personal data to optimize the job search and job recommendations for you and other users of our platforms with the help of a statistical model (hereinafter “Job Matching”; you will find detailed information on Job-Matching in paragraph 3).
    • We use personal data for analytical purposes to improve the user-friendliness, functionality and quality of our platforms; you will find detailed information about this in paragraph 5).
  • Marketing: Based on the details submitted to us individual openings can be displayed to you on the JobCloud Platforms or other websites and on social media pages. These are services which you can find on the Platforms of JobCloud or other products which could be of interest to you.
  • Prevention of criminal offences: your personal data can be used if necessary to detect or to avoid fraud, illegal or undesirable activities.

c) Legal basis for data processing: If you use our services (e.g. application function) a contract for the once-only provision of this service comes into being between you and JobCloud (e.g. transmission of an application to the employer; detailed information on this can be found in the JobCloud terms of use. The legal basis of the data processing for the purpose of providing services is thus Art. 13 para. 1, 2 (a) CH DSG or Art. 6 para. 1 (b) EU GDPR. In so far as we use your data to improve our services, for marketing purposes or market research or to prevent criminal offences, the data processing is carried out on the grounds of a predominantly private or legitimate interest (application for or improvement of our services; prevention of criminal offences) and thus on the basis of Art. 13 para. 1 CH DSG or Art. 6 para. 1 (f) EU GDPR.

d) Duration of the data processing: We store your personal data for a 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.

2.2 ADVERTISERS

a) Type of personal data: Employers and recruitment agencies (hereinafter “Advertisers”) record on opening a new Advertiser account all necessary details for invoicing and management of their customer relationship with JobCloud. In the course of this process you might make personal data available to us (e.g. name and email address of employees serving as contact persons). Three-tier access details (comprising customer number, user name and password) enable safe access by the Advertiser to manage its job advertisements.

b) Purposes of data processing: We process the personal data made available by you for the following purposes:

  • Provision of services: We use your personal data made available to us, where and to the extent that it is necessary for the provision of services that you use (you will find details of our services for Advertisers on the JobCloud Platforms and in the JobCloud general terms and conditions.
  • Improvement of our services: We use the personal data for analytical purposes where and to the extent that it is necessary to improve our services.
  • Marketing: We use your contact details to send you information concerning similar job-related products and services.
  • Market research: We occasionally ask our customers to participate in market research. All additional personal data acquired in the course of this market research are used only with your consent.
  • Prevention of criminal offences: your personal data can be used if necessary to detect or to avoid fraud, illegal or undesirable activities.

c) Legal basis for data processing: The legal basis of the data processing for the purpose of providing services to Advertisers is Art. 13 para. 1, 2 (a) CH DSG or Art. 6 para. 1 (b) EU GDPR. In so far as we use your data to improve our services, for marketing purposes or to prevent criminal offences, the data processing is carried out on the grounds of a predominantly private or legitimate interest (application for or improvement of our services; prevention of criminal offences) and thus on the basis of Art. 13 para. 1 CH DSG or Art. 6 para. 1 (f) EU GDPR.

d) Duration of the data processing: All data generated by the Advertisers during the business relationship remains stored in the JobCloud 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.

3. JOB-MATCHING

We use personal data in order to optimize the job search and job recommendations for you and other users of our platforms with the help of a statistical model. For this purpose we evaluate the data that you send to us and your usage behavior on our platforms (you will find detailed information on this in paragraph 5). We automatically analyze any documents uploaded for structure and content. We only use data thus obtained to improve our statistical model and to display to you job recommendations matched to your search behavior and your interests. You will find detailed information on the legal basis, purpose and erasure of the data processing in the course of Job Matching at paragraphs 2.1.1 and 2.1.2.

4. ORGANISATION OF COMPETITIONS

We regularly run competitions. For these we use only personal data that we have collected specifically in the course of the competition and following the express agreement of the data subject. The respective terms of use and privacy policy shall apply for the conduct of competitions and the processing of personal data in the course of the competitions.

5. USE OF COOKIES AND WEB-TRACKING TOOLS

JobCloud uses cookies and web-tracking technologies in order to measure and evaluate the use of its Platforms and to improve our services. A list of cookies and web-tracking tools used can be found here.

a) Cookies: JobCloud uses so-called cookies to simplify the use of its services and to obtain information for the purposes of improving its services. Cookies are small text files that the web-browser puts in a particular directory on the user’s system. Both permanent cookies and session cookies are used. Permanent cookies enable for example automatic login, where this is expressly desired by the user during registration. Session cookies store for example the language code selected by the user or the login information within a user session on the website. With the help of cookies, we collect data on the use of our services (for example on the job advertisements clicked on during a session). For registered users we can generate high quality and more relevant search results if you allow cookies. At all times users have the option via suitable configuration of their browser of preventing the acceptance of any cookies or of having a warning displayed on each occasion before acceptance of a cookie and thus to decide for themselves whether they accept the cookie concerned or not.

b) Log file: In the course of accessing our Platforms general access data is stored in a log file for statistical purposes. Here is the collected data:

  • IP address
  • Date and time of access
  • Name of the data retrieved
  • Access status (OK, partial content, document not found, etc.)
  • Page from which access occurred
  • Top level domain (*.ch, *.fr, *.com etc.)
  • Web browser used
  • Operating system used
  • Platform (desktop, mobile) used

JobCloud processes this data in anonymized form, for example to establish on which days particularly numerous incidences of access occur. No personalized evaluation of the log files is made.

c) Google Analytics: Google Analytics: The most frequently used analysis tool is Google Analytics, a service provided by Google Inc. Using this the captured data can be transmitted to a Google server in the USA or to another third country during the course of which the IP addresses are anonymized using IP anonymization, so that attribution is not possible. The IP address transmitted in the Google Analytics procedures by your browser is not merged with other data by Google. The creation and processing of this data using Google Analytics can be objected to by setting an opt-out cookie that prevents the future capture of your data when visiting this website. You will find comprehensive information on this at: http://tools.google.com/dlpage/gaoptout?hl=en.

d) Appcast Technology: We use the Appcast Technology to analyze the behavior of users on our Platforms, make forecasts, obtain real time data, and increase the chances of successful recruiting.

6. DATA SECURITY

We use technical and organizational security measures to protect the managed data in accordance with the state of the art against accidental or deliberate manipulation, loss, destruction or access by unauthorized persons. The security measures are continuously improved in accordance with technological developments.

7. THIRD PARTY OFFERINGS

JobCloud displays offerings from third parties or creates links to offerings from or websites of third parties on our Platforms, emails and newsletters. JobCloud assumes no responsibility for the collection and handling of personal data by third parties or for their services or applications. The respective data protection provisions of the third party provider shall apply.

8. TRANSMISSION OF YOUR PERSONAL DATA TO THIRD PARTIES AND TO THIRD COUNTRIES

a) Forwarding of applications to and publication of other profile data for employers or recruiters: If you as jobseeker apply for a job using our Platform, you agree to your application being passed to the corresponding Advertisers. You can make your data entered into your JobCloud Account available to an Advertiser using functions such as “Apply with” or “CV Cloud”. In these cases, we send your application filed in your JobCloud Account to the relevant Advertiser. Besides you have the possibility to make your profile visible for third parties or authorize us to pass on your data to employers or recruiters for job placement purposes (e.g. through CV Cloud or Candidate Care; you may find further information in our terms of use.
In all these cases, the data protection policy of the respective employer or recruiter 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 (e.g. erasure of data following conclusion of the application process etc.). For any requests regarding the processing of your personal data (e.g. request for erasure), please contact the relevant employer directly.

b) Publication of job advertisements: Job advertisements that you as Advertiser publish on JobCloud 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 jobseekers.

c) Processors: To provide our services we use the following categories of processors: hosting providers, cloud service providers, shipping companies, payment service providers, parsing and matching solutions providers, advertisement service providers, tracking technology providers, social media platform providers. These processors are bound by confidentiality provisions and are prohibited from using your data for their own purposes or any other purpose.

d) Transmission to third countries: Our processors may be located outside Switzerland or the European Union. JobCloud 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.

Currently JobCloud transfers personal data to the following processors in the USA, who are all Privacy Shield certified, and guarantee data protection standards equivalent to the EU and Switzerland.

9. JOBCLOUD 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 our Platforms; this privacy policyapplies. With your agreement we shall send you push notifications with information on your job search.

10. USE OF JOBCLOUD APPLICANT TRACKING SYSTEM

Advertisers have the possibility to use the applicant tracking system (ATS) of JobCloud in accordance with JobCloud’s general terms and conditions for employers and recruiters. In this case a data processing relationship between the Advertiser as controller and JobCloud as processor comes into existence. JobCloud guarantees to implement appropriate technical and organizational measures in such a manner that processing will meet the requirements of all applicable data protection provisions. The Advertiser authorizes JobCloud to engage further processors in addition to the processors linked in paragraph 8. JobCloud will inform the Advertiser of any intended changes concerning the addition or replacement of other processors, thereby giving the Advertiser the opportunity to object to such changes.
JobCloud undertakes to process the personal data provided by the Advertiser in accordance with all applicable data protection provisions, in particular JobCloud

  • will process the personal data only on documented instructions from the Advertiser;
  • ensures that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
  • will take all measures required under Article 32 of the EU GDPR;
  • will assists the Advertiser with appropriate technical and organizational measures, insofar as this is possible and taking into account the nature of the processing, for the fulfilment of the Advertiser’s obligation to respond to requests for exercising the data subject’s rights laid down in Articles 12 et seq. of the EU GDPR;
  • will assist the Advertiser in ensuring compliance with the obligations pursuant to Articles 32 to 36 taking into account the nature of processing and the information available to JobCloud;
  • at the choice of the Advertiser, will delete or return all the personal data to the Advertiser after the end of the provision of services relating to processing, and delete existing copies unless Swiss, EU or EU Member State law requires storage of the personal data;
  • will make available to the Advertiser all information necessary to demonstrate compliance with the obligations laid down in this Article and allow for and contribute to audits.

11. YOUR RIGHTS

11.1 INFORMATION, COMPLETION AND RECTIFICATION

At any time, you may with an email to dataprotection@jobcloud.ch 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.

11.2 OBJECTION

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 dataprotection@jobcloud.ch. 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.

11.3 ERASURE

You may at any time by email to dataprotection@jobcloud.ch 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.

11.4 RIGHT TO LODGE A COMPLAINT

Without prejudice to other regulatory or legal remedies 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.

11.5 DATA PORTABILITY

The user has the right to receive the personal data concerning him or her, which he or she has provided to JobCloud, in a structured, commonly used and machine-readable format and has the right to transmit that data to another controller without hindrance from JobCloud or to have such data transferred by JobCloud, 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.

11.6 ENQUIRIES CONCERNING DATA PROTECTION

If you have questions concerning data protection you are welcome to send us an email at dataprotection@jobcloud.ch. We shall be pleased to respond to your enquiries as promptly as possible.
Instead of an email you are also welcome to contact us by post at the contact address given at paragraph 12.

12. CONTROLLER

Owner of data collection within the meaning of the CH DSG or controller within the meaning of the EU GDPR is:

JobCloud AG
Carmenstrasse 28
8032 Zürich
Switzerland
Email: dataprotection@jobcloud.ch

13. EU REPRESENTATIVE AND EU DATA PROTECTION OFFICER

You can reach the JobCloud EU representative and its EU data protection officer using the following contact details:

karriere.at GmbH
Data Privacy Officer
Donaupromenade 1
4020 Linz
Austria

14. CHANGES TO THIS PRIVACY POLICY

By reason of the constant continual developments in the field of electronic data processing we reserve the right to adapt this privacy policy. We shall inform you of changes to this privacy policy in text form on our Platforms and/or via your JobCloud Account or a contact address given by you.

Zürich, May 2018

Previous version: https://www.jobcloud.ch/c/en/privacy-policy/old