Terms and Conditions for Confidentiality and Data Protection

MANAGEMENT OF APPLICATIONS FOR JOB OFFERS

Version: 1.0

Effective date: 10-04-2020

The Conditions of Confidentiality and Protection of Privacy (The Conditions) contained in this document apply to the services provided by TalentSenior Business, S.L. (Talent Senior) to candidates who register    to apply for job offers managed by Talent Senior.

The applicable conditions will be those in force at the time of registration on the Candidate Portal or to apply for a job position. Talent Senior reserves the right to make changes to these conditions, which will always be published in its current version. The changes will be effective automatically as of the effective dates indicated. In the event that you do not wish to accept them, you may notify us before the entry into force to cancel the contracted services.

 

PRIVACY POLICY

Registration as a candidate on the Candidate Portal or the application as a candidate for a job offer implies the authorization of Talent Senior to incorporate the personal data provided into a processing under its responsibility.

The candidate's personal data, together with those resulting from the selection process, will be processed by Talent Senior with the utmost confidentiality in order to manage their candidacy for the selection processes of current and future personnel demanded by the companies that are our customers.

This data processing is legitimized by:

  • Talent Senior's legitimate interest in providing services to candidates and taking into account the reasonable expectations of those interested in submitting their applications for available job offers.
  • Processing is necessary for the implementation of pre-contractual measures by the companies that publish job offers at the request of the data subject.
  • Consent expressed by data subjects when providing their data using the form specific to this purpose or are sent to the indicated email address.

Given the purpose of the processing, with the submission of his candidacy the interested party authorizes Talent Senior to verify the data and references provided, as well as to communicate their personal data and those derived from the selection processes to third parties and entities interested in their application during the selection processes.

We inform you that, in order to keep your personal data up to date, you must tell us any changes that occur regarding them, otherwise we are not responsible for their accuracy.

The data may be communicated to necessary collaborators in which we delegate part of the provision of the contracted services and other companies that provide us with services related to the ordinary and administrative activity of the company as processors, national or international such as, among others, providers of email services, hosting of web services, hosting servers , saaS mode management application services, cloud file and others.

The provision of these services may involve the processing of personal data by companies located in countries outside the EU (international data transfers). However, it is only done with countries that offer an adequate level of protection or, in the case of entities in the USA, that are accredited under the EU-US Privacy Shield. Commission Decision (EU) 2016/1250 of 12 July 2016 and have made available to us Standard Contractual Clauses (SCC) in accordance with the European Commission's decision for data transfers from EU controllers to managers established outside the EU.

In particular, for the processing of data on the Candidate Portal, the services of the Zoho Recruit cloud platform, operated by Zoho Corporation, are used and that performs the processing of data with servers in the EU.

Also, the data provided may be communicated to third parties and competent official bodies in the terms required by the legislation and regulations in force in order to enable the provision of the contracted services.

Likewise, we inform you that your data will be kept for the time necessary to fulfill the purpose for which they were collected and to determine the possible responsibilities that may arise from that purpose and the processing of the data, as well as to be able to incorporate their candidacy in different selection processes and do a subsequent follow-up, unless the candidate exercises its rights of erasure or objection.

With respect to the data recorded on the Candidate Portal, these will be kept until the user does not require its deletion.

At any time, the data subject may exercise his rights of access, rectification, erasure and portability of his personal data, as well as those of objection and restriction of its processing.

These rights may be exercised free of charge for the data subject and, if necessary, by the person representing the data subject, through a written and signed application, accompanied by a copy of the ID of the data subject or equivalent document proving its identity, addressed to:

In the case of representation, it must be proved through a written document attaching a copy of the ID or equivalent document proving its representation.

In addition to the above rights, the data subject shall have the right to withdraw the consent granted at any time through the procedure described above, without the withdrawal of consent affecting the lawfulness of the processing prior to the withdrawal of the processing. Talent  Senior may continue to process the data subject's data to the extent that applicable law allows or persists any other legitimacy that justifies it.

Talent Senior  reminds the data subject that he/she has the right to lodge a complaint with the relevant supervisory authority (Spanish Data Protection Agency).

 

INFORMATION SECURITY GUARANTEES

In order to safeguard the security of information in general and personal data in particular, Talent  Senior has adopted all the technical and organizational measures necessary to ensure the security of the data to which it has access to ensure the permanent confidentiality, integrity, availability and resilience of the processing systems and services.

In particular, security measures are available consisting of:

  • Physical control of access and protection of equipment, staff and facilities where data processing is carried out.
  • Access to its computer systems is through individual users and passwords, limiting access to data to those employees who strictly require it to perform their job.
  • It backs up personal data for which it is required to maintain integrity and availability.
  • In the case of managing support or documents with personal data, they are duly guarded under lock and key or with equivalent closing devices.
  • Perimeter protection systems on the network to prevent intrusions and antimalware protection of your computer systems.
  • A security incident log is available and security failure reporting mechanisms and procedures have been established.
  • Continuity measures which allow restoring the availability and access to personal data in case of physical or technical incident within the terms required to comply with the business commitments to which we are obliged under our service contract.

Talent   Senior has also launched internal controls to verify, evaluate and assess, on a regular basis, the effectiveness of the technical and organizational measures implemented to ensure the security of the processing.

HR CONSULTING SERVICES

Version: 1.0

Effective date: 10-04-2020

The Conditions of Confidentiality and Protection of Personal Data (The Conditions) contained in this document apply to the contracted services resulting from the acceptance of an offer or proposal of HR consulting services provided by TalentSenior Business, S.L. (Talent Senior)

The applicable conditions will be those in force at the time of sending the offer or proposal. In any case, TALENT SENIOR reserves the right to make changes to these conditions, which will always be published in its current version. Changes will be made automatically from the effective dates indicated. In the event that you do not wish to accept them, you may notify us before the entry into force to cancel the contracted services.

 

PRIVACY POLICY

Acceptance of the offer or proposal of services implies that both parties authorize each other to process their personal contracting data, together with those obtained during the validity of the contracted services, under their respective responsibility.

In the event that either party has provided personal data of third parties, the signer of the respective party ensures that they have been lawfully collected and that it has provided interested parties with the necessary information on the processing of their data. In addition, the signatories agree that each party is responsible for requesting the consent of the interested parties for the transfer and processing of their personal data on behalf of the other party.

The purpose of the processing is to carry out the management of this contractual relationship and the provision of the services that are contracted.

The processing is legitimized by the fact that it is necessary for the performance of a contract to which the data subjects are parties.

We inform you that, in order to keep your personal data up to date, you must tell us any changes that occur regarding them, otherwise we are not responsible for their accuracy.

The data may be communicated to necessary collaborators in which we delegate part of the provision of the contracted services and other companies that provide us with services related to the ordinary and administrative activity of the company as processors, national or international such as, among others, providers of email services, hosting of web services, hosting servers , saaS mode management application services, cloud file and others.

The provision of these services may involve the processing of personal data by companies located in countries outside the EU (international data transfers). However, it is only done with countries that offer an adequate level of protection or, in the case of entities in the USA, that are accredited under the EU-US Privacy Shield. Commission Decision (EU) 2016/1250 of 12 July 2016 and have made available to us Standard Contractual Clauses (SCC) in accordance with the European Commission's decision for data transfers from EU controllers to managers established outside the EU.

Also, the data provided may be communicated to third parties and competent official bodies in the terms required by the legislation and regulations in force in order to enable the provision of the contracted services.

Likewise, we inform you that your data will be kept for the time necessary to fulfill the purpose for which they were collected and to determine the possible responsibilities that may arise from that purpose and the processing of the data, as well as to be able to incorporate their candidacy in different selection processes and do a subsequent follow-up, unless the candidate exercises its rights of erasure or objection.

With respect to the data recorded on the Candidate Portal, these will be kept until the user does not require its deletion.

At any time, the data subject may exercise his rights of access, rectification, erasure and portability of his personal data, as well as those of objection and restriction of its processing.

These rights may be exercised free of charge for the data subject and, if necessary, by the person representing the data subject, through a written and signed application, accompanied by a copy of the ID of the data subject or equivalent document proving its identity, addressed to:

In the case of representation, it must be proved through a written document attaching a copy of the ID or equivalent document proving its representation.

In addition to the above rights, the data subject shall have the right to withdraw the consent granted at any time through the procedure described above, without the withdrawal of consent affecting the lawfulness of the processing prior to the withdrawal of the processing. Talent  Senior may continue to process the data subject's data to the extent that applicable law allows or persists any other legitimacy that justifies it.

Talent Senior  reminds the data subject that he/she has the right to lodge a complaint with the relevant supervisory authority (Spanish Data Protection Agency).

 

CONFIDENTIALITY OF INFORMATION

It will be considered as confidential information, any information (commercial, technical or otherwise) of the client company, about its business matters, technology, processes, products, plans, facilities and dependencies, which prior to being received by one of the two parties were not of their knowledge or were in their possession without obligation of confidentiality.

Information that has public access on the web pages of customers, suppliers and employees is not considered confidential.

TALENT SENIOR undertakes to process information that it has access to or receives from its customers as confidential and to use it only to fulfill its obligations in accordance with the contracted service.

In particular, TALENT SENIOR commints to maintain secrecy and to ensure confidentiality and security with respect to the data that it may have access to for reasons of providing the contracted service. TALENT SENIOR may not use the confidential information to which you have access for purposes other than those determined by the proposed services, and the communication or transfer of confidential information is expressly prohibited.

This obligation of confidentiality does not apply to) where the disclosing party has previously granted its written consent; (b) to the disclosures we make to our subcontractors, external consultants in which we delegate part of the execution of the services or to our professional auditors and advisors; (c) disclosures made in order to comply with legal or regulatory obligations; (d)to information that has been generated independently by the receiving party; or (e) where the disclosing party obtained the information without any breach of this obligation of confidentiality.

In the event that it was necessary to communicate confidential information to third parties for justified reasons of the provision of the service, TALENT SENIOR guarantees that the recipient will undertake an obligation of confidentiality at least as strict as that provided for in the provisions of this clause.

The obligation to maintain confidentiality shall be in force after the termination or expiration of the service contract.

 

PERSONAL DATA PROCESSING AGREEMENT

The provision of the contracted service may entail the need for TALENT SENIOR (the processor) to process personal data on behalf of its customers (the controllers).

Where applicable, TALENT SENIOR states that:

  • The customer is the controller of the processing of personal data that makes available to TALENT SENIOR, to process them under the service contract that links both parties. The required data communication is not considered data transfer.
  • Through these clauses the controller facilitates and delegates the necessary functions so that TALENT SENIOR can process the personal data necessary to carry out the contracted services.
  • Given the case, access by TALENT SENIOR staff and collaborators, as processor, will be made using the means and equipment provided by the client himself, as the controller of the processing, and in accordance with its instructions and, also, using the means and equipment of TALENT SENIOR.
  • Accordingly, it is determined that it is necessary to provide guarantees of processing in relation to the risks of confidentiality, integrity and availability of personal data that may be accessed on behalf of the controller.
  • That the processing, due to the nature of the data processed, is subject to the provisions contained in the current legislation on the Protection of Personal Data.

 

TALENT SENIOR undertakes to process the personal data to which it has access according to the instructions received under the contractual relationship of provision of services that links both parties, in all aspects where their intervention is required and in accordance with the activities specified in the previous point.

This agreement shall be in force as this contractual relationship of provision of services between the parties exists, unless otherwise agreed against by either party.

Once this contract has ended, TALENT SENIOR must delete any copies of personal data in its possession. However, it can keep the data with restricted access to attend to possible administrative or jurisdictional responsibilities..

TALENT SENIOR as the processor of the personal data required to perform the services entrusted, undertakes to process these with due diligence and in accordance with the best criteria and professional dedication.

The customer, as the controller, is responsible for complying with all the technical and organizational measures necessary to ensure the security of the processing, as regards processing centers, premises, equipment, systems, applications and staff involved in the processing of the personal data referred to.

The controller undertakes to:

  • Guarantee that the aforementioned processing is duly legitimized and legalized, stating that it has met all the legal requirements for the collection and processing of personal data.
  • Provide access and adequate means for TALENT SENIOR to provide the contracted service.
  • Respond to the guarantees of those affected, such as the rights of access, rectification, erasure and objection.
  • Provide the right of information at the time of data collection.
  • Perform a data protection impact analysis of the processing to be carried out by the processor.
  • Carry out the corresponding prior consultations to the data protection authorities.
  • Notify the processor of any variation that occurs in the personal data provided so that it can be updated.
  • Ensure, prior to and during the term of the contract, compliance with current legislation by the processor.
  • Verify that the processor offers sufficient guarantees regarding the implementation and maintenance of the appropriate technical and organizational measures.
  • Supervise processing, including conducting inspections and audits.

TALENT SENIOR, as the processor, and all its staff and collaborators undertake to:

  • Use the personal data processed, or those collected for inclusion, only for the purpose of this order. Under no circumstances may you use data for your own purposes.
  • Process the data in accordance with the instructions of the controller.
  • Keep, a record of all categories of processing activities carried out on behalf of the controller.
  • Do not communicate the data to third parties, unless it has the express authorization of the data controller or in legally admissible cases.

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

  • In the event that personal data is to be transferred to a third country outside the EU, ensure that the processing is carried out in a country over which the European Commission recognises that it offers an adequate level of protection or that there are guarantees on the protection that the data will receive at its destination.
  • Only subcontract those services that are part of the object of this contract and that involve the processing of personal data to necessary collaborators in whom part of the provision of contracted services is delegated, and to other companies that provide services related to the ordinary and administrative activity of the company.

In any case, the sub-processor must undertake the same conditions and in the same way as the processor with regard to the proper processing of personal data and the guarantee of the rights of the data subjects.

In case of non-compliance by the sub-processor, the processor will remain fully liable to the controller for what it does to the fulfillment of the obligations of the sub-processor.

  • Maintain a duty of secrecy with respect to personal data to which it have had access under this agreement, even after the end of the contract.
  • Ensure that persons authorized to process personal data undertake, expressly and in writing, to respect confidentiality and comply with appropriate security measures, which they have been properly informed of.
  • Maintain at the disposal of the data controller the documentation proving compliance with the obligation established in the previous section.
  • Ensure the necessary training in the protection of personal data of staff authorized to process personal data.

If the data subjects exercise the rights of access, rectification, deletion and opposition, limitation of the processing and portability of data in front of the processor, the processor must communicate it by email to the address indicated by the controller. The communication must be made immediately and in no case beyond the working day following the receipt of the application, together, if necessary, with other information that may be relevant to the resolution of the application.

TALENT SENIOR will notify the controller, without undue delay and through the means indicated by it, of the security breaches of personal data in its charge of which he is aware, together with all the information relevant to the documentation and communication of the breach.

If it is not possible to provide all the information immediately, the information will be provided gradually without undue delay. 

TALENT SENIOR makes available to the controller all the information necessary to demonstrate the fulfillment of its obligations, as well as for the performance of audits or inspections carried out by the controller or any authorized auditor to do so.

In case of non-compliance by TALENT SENIOR of any of the obligations as processor, you will be held responsible for the processing, and you must be liable for any violations you have personally incurred.

 

INFORMATION SECURITY GUARANTEES

In order to safeguard the security of information in general and personal data in particular, Talent Senior has adopted all the technical and organizational measures necessary to ensure the security of the data to which it has access to ensure the permanent confidentiality, integrity, availability and resilience of the processing systems and services.

In particular, security measures are available consisting of:

  • Physical control of access and protection of equipment, staff and facilities where data processing is carried out.
  • Access to its computer systems is through individual users and passwords, limiting access to data to those employees who strictly require it to perform their job.
  • It backs up personal data for which it is required to maintain integrity and availability.
  • In the case of managing support or documents with personal data, they are duly guarded under lock and key or with equivalent closing devices.
  • Perimeter protection systems on the network to prevent intrusions and antimalware protection of your computer systems.
  • A security incident log is available and security failure reporting mechanisms and procedures have been established.
  • Continuity measures which allow restoring the availability and access to personal data in case of physical or technical incident within the terms required to comply with the business commitments to which we are obliged under our service contract.

Talent   Senior has also launched internal controls to verify, evaluate and assess, on a regular basis, the effectiveness of the technical and organizational measures implemented to ensure the security of the processing.