Terms and Conditions for Confidentiality and Data Protection

Recruitment Processes

Version: 1.0
Start date: 10-04-2020
Start date: 01-03-2020

We hereby inform you that Talent Senior will process your personal data and the data generated in the recruitment process with the utmost confidentiality in order to have you CV available in present and future recruitment processes as requested by the companies that use our services.

This data processing is necessary in order to apply the pre-contractual measures (decision-making before hiring).
Moreover, you authorise us to transfer your data and any relevant information regarding your application to third-party companies and institutions that are interested in your services during the recruitment processes.

We hereby inform you that, in order to keep your personal details up to date, you must inform us of any change that occurs to them, otherwise we cannot be held responsible for their veracity.

Furthermore, we hereby inform you that we will store you data for the time necessary to comply with the purpose for which we collated it and to determine any possible liabilities that may be derived from such purpose, as well as to include the data in different processes and conducting subsequent follow-ups, unless you exercise your rights to objection, processing limitation or erasure.

You can exercise your right to access, rectification, erasure, objection, data portability and processing limitation for your data by writing to Talent Senior, Avda Josep Tarradellas 126, 16-2, 08029 Barcelona or info@talentsenior.com, with a copy of your ID documents accrediting your identity. In any case, you have the right to file a claim with the Spanish Data Protection Agency (AEPD).

 

INFORMATION SECURITY GUARANTEES

In order to ensure information security in general and personal data specifically, Talent Senior has implemented technical and organisation measures in order to guarantee the security of the data to which it has access to ensure the consistent confidentiality, integrity, availability and resilience of the processing systems and services.

Specifically, we have the following security measures in place:

  • Physical access control and protection for devices, people and the installations where we process data.
  • Our IT systems are accessed with individual usernames and passwords, limiting data access strictly to the employees who need it to do their job.
  • Back-up copies of the personal data for which there is an obligation to keep it whole and available.
  • When managing storage media or documents with personal data, they must be duly kept under lock and key or with equivalent protection devices.
  • Perimeter security systems for the network to avoid intrusion and anti-virus software to protect the IT systems.
  • We have a register of security incidents and have set up mechanisms and procedures for reporting security breaches.
  • We have a Continuity Plan, which includes the possibility to restore availability and access to personal data quickly if there is a physical or technical incident, within the terms required to comply with the business commitments, which we must comply with in accordance with our service agreement.

Moreover, Talent Senior has set up internal controls to regularly verify, assess and evaluate the effectiveness of the technical and organisational measures implemented in order to ensure security in processing.

Training

Version: 1.0.
Start date: 10-04-2020

Terms and Conditions for Confidentiality and Data Protection (the Terms and Conditions) contained in this document are applicable to the contractual services when accepting an offer or a training proposal.

The applicable terms and conditions will come into force the time at which the offer or proposal is sent out. In any case, Talent Senior reserves the right to make changes to these conditions, which will be reported with sufficient prior warning.

The changes will automatically come into force starting from start date indicated. If you do not wish to accept them, you can inform us of this before the start date to cancel the services you have taken out.

PRIVACY POLICY

When the offer or service proposal is accepted, this means that both parties mutually grant each other authorisation to incorporate their personal data from their hiring process and those obtained during the valid term thereof into processing under their own responsibility.

If either of the parties has provided third-party personal data, this means that such party guarantees that they have legally collated such data and they have provided the data subjects with the necessary information regarding the processing of their data. Similarly, the undersigned parties accept that each of the parties are responsible for requesting consent from the data subjects for the other party to transfer and process their personal data.

The purposes of such processing are:

  • To fulfil the contractual relationship and provide the services derived therefrom.
    This is legitimated because the processing is necessary in order to perform the agreement to which the data subjects are party.
  • To handing the registration, coordination and monitoring of the support for the participants in the contractual training activity.

This is legitimated by Talent Senior’s legitimate interest in implementing the contractual service.

We may disclose the data to the necessary collaborators to whom we delegate part of the provision of the contractual services and other companies that provide us with services connected with the normal and administrative activity of the business as the processor, located within Spain and the European Economic Area, such as email service providers, web hosting services, hosting servers, SaaS management software, cloud hosting services, etc. International data transfers will not take place.

Furthermore, the data provided may be transferred to third parties and the competent official bodies under the terms stipulated by law and in the legislation in force in order to make it possible to provide the contractual services.

The data collated will be stored for the necessary time to comply with the purpose for which they were collated, to keep Talent Senior’s list of clients and to determine certain liabilities that could derive from this purpose and from the data processing.

The data subject can, at any given time, exercise their rights to access, rectification erasure and portability for their personal data, and to objection and processing limitation.

The data subject can exercise such rights free of charge for them and, if necessary, for their representative, by sending signed written requested with a copy of their National ID Card (DNI) or equivalent as proof of identity to:

  • Email: info@talentsenior.com
  • Post: Avda Josep Tarradellas 126, 16-2, 08029 Barcelona

If there is a representative involved, accreditation must be provided by attaching a written document for such purpose along with a copy of their National ID Card (DNI) or equivalent.

Apart from the aforementioned rights, the User also has the right to revoke the consent granted at any given time through the aforementioned process and such revocation shall not have any effect on the legality of the processing before such time.

Talent Senior will continue to process the data subject’s data as far as possible in accordance with the applicable law or if any other legitimation remains in force that would justify this.

Talent Senior wishes to remind data subjects that they have the right to file a claim with the applicable Supervisory Authority (the Spanish Data Protection Agency, AEPD).

DATA CONFIDENTIALITY

Confidential information is deemed to be any information (commercial, technical or otherwise) of the client, regarding their commercial affairs, technology, processes, products, plans, installations and branches, which one of the parties was not aware or did not have before they received it without a confidentiality obligation. Any information that is accessible to the public on the websites of clients, suppliers and employees is not deemed to be confidential.

It is hereby expressly stated that all information that you may find out during training, in meetings, practical workshops, case studies, etc., is confidential.

Talent Senior undertakes to treat all information to which it has access or that it receives from clients as confidential and to use it solely to comply with its obligations in line with the contractual service.

Specifically, Talent Senior undertakes to keep secret and guarantee the confidentiality of the data to which it has access as a result of the contractual service. You may not use the confidential information to which you have access for any other purposes other than those stipulated in the service proposal, and it is expressly prohibited to disclose or transfer confidential information.

This confidentiality obligation is not applicable: a) when the disclosing party has previous granted their consent in writing; b) disclosure that we make to our subcontractors, external consultants to whom we delegate part of the service or to our auditors or professional consultants; c) disclosure made in order to comply with legal or regulatory obligations; d) information that has been independently generated by the receiving party; or e) when the disclosing party obtains the information without any breach of this confidentiality obligation.

If it is necessary to disclose confidential information to third parties for reasons justifiable in the service provision, Talent Senior guarantees that the receiving party will undertake a confidentiality obligation which is at least as strict as the one stipulated in the provisions of this clause.

The confidentiality agreement will remain in force after the termination of this service agreement.

HR Consulting

Version: 1.0
Start date: 10-04-2020

The Terms and Conditions for Confidentiality and Data Protection (the Terms and Conditions) contained in this document are applicable to the contractual services when accepting an offer or a HR consulting service proposal.

The applicable terms and conditions will come into force the time at which the offer or proposal is sent out. In any case, Talent Senior reserves the right to make changes to these conditions, which will be reported with sufficient prior warning.

The changes will automatically come into force starting from start date indicated. If you do not wish to accept them, you can inform us of this before the start date to cancel the services you have taken out.

PRIVACY POLICY

When the offer or service proposal is accepted, this means that both parties mutually grant each other authorisation to incorporate their personal data from their hiring process and those obtained during the valid term thereof into processing under their own responsibility.

If either of the parties has provided third-party personal data, this means that such party guarantees that they have legally collated such data and they have provided the data subjects with the necessary information regarding the processing of their data. Similarly, the undersigned parties accept that each of the parties are responsible for requesting consent from the data subjects for the other party to transfer and process their personal data.

The purpose of the processing is to fulfil the contractual relationship and provide the services derived therefrom.
The processing is legitimated because it is necessary in order to perform the agreement to which the data subjects are party.

We may disclose the data to the necessary collaborators to whom we delegate part of the provision of the contractual services and other companies that provide us with services connected with the normal and administrative activity of the business as the processor, located within Spain and the European Economic Area, such as email service providers, web hosting services, hosting servers, SaaS management software, cloud hosting services, etc. International data transfers will not take place.

Furthermore, the data provided may be transferred to third parties and the competent official bodies under the terms stipulated by law and in the legislation in force in order to make it possible to provide the contractual services.

The data collated will be stored for the necessary time to comply with the purpose for which they were collated, to keep Talent Senior’s list of clients and to determine certain liabilities that could derive from this purpose and from the data processing.

The data subject can, at any given time, exercise their rights to access, rectification erasure and portability for their personal data, and to objection and processing limitation.

The data subject can exercise such rights free of charge for them and, if necessary, for their representative, by sending signed written requested with a copy of their National ID Card (DNI) or equivalent as proof of identity to:

  • Email: info@talentsenior.com
  • Post: Avda Josep Tarradellas 126, 16-2, 08029 Barcelona

If there is a representative involved, accreditation must be provided by attaching a written document for such purposes along with a copy of their National ID Card (DNI) or equivalent.

Apart from the aforementioned rights, the User also has the right to revoke the consent granted at any given time through the aforementioned process and such revocation shall not have any effect on the legality of the processing before such time.

Talent Senior may continue to process the data subject’s data as far as possible in accordance with the applicable law or if any other legitimation remains in force that would justify this.

Talent Senior wishes to remind data subjects that they have the right to file a claim with the applicable Supervisory Authority (the Spanish Data Protection Agency, AEPD).

DATA CONFIDENTIALITY

Confidential information is deemed to be any information (commercial, technical or otherwise) of the client, regarding their commercial affairs, technology, processes, products, plans, installations and branches, which one of the parties was not aware or did not have before they received it without a confidentiality obligation. Any information that is accessible to the public on the websites of clients, suppliers and employees is not deemed to be confidential.

Talent Senior undertakes to treat all information to which it has access or that it receives from clients as confidential and to use it solely to comply with its obligations in line with the contractual service.

Specifically, Talent Senior undertakes to keep secret and guarantee the confidentiality of the data to which it has access as a result of the contractual service. You may not use the confidential information to which you have access for any other purposes other than those stipulated in the service proposal, and it is expressly prohibited to disclose or transfer confidential information.

This confidentiality obligation is not applicable: a) when the disclosing party has previous granted their consent in writing; b) disclosure that we make to our subcontractors, external consultants to whom we delegate part of the service or to our auditors or professional consultants; c) disclosure made in order to comply with legal or regulatory obligations; d) information that has been independently generated by the receiving party.

If it is necessary to disclose confidential information to third parties for reasons justifiable in the service provision, Talent Senior guarantees that the receiving party will undertake a confidentiality obligation which is at least as strict as the one stipulated in the provisions of this clause.

The confidentiality agreement will remain in force after the termination of this service agreement.

PERSONAL DATA PROCESSING ASSIGNMENT

The provision of the contractual service may involve the need to access personal data for which the client is not the controller.
If so, Talent Senior stipulates the following:

  • The client is the CONTROLLER of the processing of the personal data that it provides to Talent Senior as the PROCESSOR by virtue of the service agreement that binds them. This access is not considered to be data disclosure.
  • Through these clauses the Controller provides and delegates the necessary roles so that Talent Senior can process the necessary personal data to carry out the contractual services.
  • When applicable, Talent Senior’s staff and collaborators, as the processor, will access the data using the means and devices provided by the client as the controller, in accordance with their instructions and also using Talent Senior’s means and devices.
  • As a result, it has been deemed that it is necessary to provide processing guarantees regarding the risk in terms of confidentiality, safeguarding, integrity and availability of the personal data to which it may have access on behalf of the controller.
  • Due to the nature of the data processed, the processing will be subject to the provisions in the legislation in force on personal data protection.

Talent Senior undertakes to process the personal data to which it has access following the instructions received as a result of the contractual service-provision relationship that binds both parties, in all aspects in which its involvement is necessary in accordance with the activities stipulated in the previous point.

This agreement will remain in force will while this agreement or contractual service-provision relationship between the parties remains in force, unless one of the parties decides otherwise.

Once this agreement has been terminated, Talent Senior must erase any copy of the personal data that it has. However, it can block the data to cover any possible administrative or jurisdictional liabilities.

As the processor for the aforementioned personal data to carry out the contractual services, Talent Senior undertakes to process them with due diligence and in accordance with the strictest criteria and professional dedication.

As the controller, the client is responsible for complying with all of the technical and organisational measures necessary to ensure security in processing in terms of the processing centres, premises, devices, systems, programs and people involved in the processing of the aforementioned personal data.

The controller undertakes to:

  • Ensure that the aforementioned processing is duly legitimated and legal, stating to have complied with all of the legally necessary requirements for collating and processing personal data.
  • Provide access and means so that Talent Senior can provide the contractual service.
  • Be held liable for the guarantees made to affected parties, as well as the exercise of their rights over the data provided.
  • Provide the disclosure policy when collating data.
  • Conduct a data protection impact assessment on the processing operations to be conducted by the processor.
  • Conduct any necessary previous checks.
  • Inform the processor of any changes to the personal data provides so that they may update it.
  • Ensure that the processor complies with the legislation in force before and during the valid term of the agreement.
  • It must be checked that the processor offers sufficient guarantees in terms of the implementation and maintenance of the suitable technical and organisational measures.
  • Oversee processing, including conducting inspections and audits.

As the processor, Talent Senior and all of its collaborators undertake to:

  • Use only the person the personal data subject to processing or the data that it collates to include in the file for the purpose included in this assignment. Under no circumstance can it use the data for its own purposes.
  • Process the data in accordance with the instructions given by the controller.
  • Keep a written register of all the processing activity categories that it carries out as the processor.
  • Not disclose the data to third parties, unless they have express authorisation form the controller or in cases permitted by law.

The processor may disclose the data to other processors of the controller, in accordance with the controller’s instructions.

  • If the personal data must be transferred to a third country outside of the EU, the processor must provide the controller with guarantees that this will be to a country that, according to the European Commission, offers a sufficient level of protection or they are guarantees the protection that the data will have at its destination.
  • Subcontract only services that form part of the object of this agreement and that involve personal data processing by the necessary collaborated, in which part of the contractual service provision has been delegated to other companies that provide services related to the normal and administrative activity of the company.
    In any case, the sub-processor must be subject to the same conditions and in the same manner as the processor in terms of suitable processing of personal data and guarantees for the rights of data subjects.
    If the sub-processor fails to comply, the processor will still be held fully liable with you in terms of compliance with the sub-processor’s obligations.
  • Keep the confidentiality obligation regarding the personal data to which it has had access by virtue of this assignment, including at the end of this agreement.
  • Guarantee that the people authorised to process personal data expressly undertake in writing to respect confidentiality and comply with the corresponding security measures, about which they have been duly informed.
  • Keep all documentation accrediting compliance with the obligation established in the previous section available for the controller.
  • Ensure that those authorised to process personal data receive necessary training on personal data protection.

If a data subject exercises their rights to access, rectification, erasure or objection, processing limitation and data portability with the processor, the latter must report this to the email address stipulated by the controller. This must be reported immediately and under no circumstances any later than the working day after the request is received, if necessary, with other information that may be relevant to handle the request.

Talent Senior will notify the controller with no undue delay and by the means stipulated by the latter, of any security breaches for personal data, along with any relevant information for documenting and reporting the incident.
If it is not possible to provide the information at the same time, in so far as it is not possible, the information will be sent gradually with no undue delay.

Talent Senior provides the controller with all of the information necessary to show that it complies with its obligations, and the information needed for the controller or any auditor authorised for such purpose to conduct audits or inspections.

If Talent Senior fails to comply with any of its obligations as a processor, it will be deemed to be the controller and will be held liable for any breaches it has personally committed.