PRIVACY POLICY

Last Updated: August 5th, 2021

This Privacy Policy (the “Policy”), regulates the processing of personal data that may be carried out by Jobs and Talent S.L. and its subsidiaries (collectively, “we” or “Jobandtalent”) with CIF (Spanish Tax No.) B-85384808, address for communication purposes in Madrid, Paseo de la Castellana 93, 4th floor, and registered in the Company Register of Malaga in volume 4717, folio 186 and page MA-103840, through its website www.jobandtalent.com, its mobile application (the “App”), and their respective sub-pages (collectively, the “Website”).

By means of this Policy, Jobandtalent informs Website users (the “Users”) that they may freely and voluntarily determine whether they wish to provide Jobandtalent with personal data that may be required from them or that Jobandtalent may obtain in connection with the processing purposes detailed below in Purposes, Legal Bases and Time Limits for the Conservation of Personal Data. The User is neither legally nor contractually obliged to provide Jobandtalent with the personal data specified in this Policy. However, the refusal to provide Jobandtalent with certain personal data may imply the impossibility of establishing a contractual relationship with the User and he or she may not be able to use Jobandtalent’s services, or only to a limited extent.

We reserve the right to amend this Policy at our discretion and at any time. When we make changes to this Policy, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of the Website following the posting of changes constitutes your acceptance of such changes.

General Data Protection Regulation

This section of our Policy applies to the Processing of Personal Data by Jobandtalent in its role as a Controller, or as otherwise covered by the General Data Protection Regulation 2016/679 (the “GDPR”).

Identity and contact details of the Data Controller

In accordance with the GDPR, the User is duly informed that Jobandtalent acts as the Controller of the personal data collected through the Website, and that this data will be entered into a record of processing activities owned by the Jobandtalent.

If you have any questions or complaints regarding data protection that you would like to address to our Data Privacy Officer (“DPO”), you can do so at the above address or at the following e-mail address: [email protected].

Data processed

Jobandtalent may collect and process the following information regarding the User:

• When you visit the website, you send technical information to our web servers, which we store in server log files. This happens regardless of whether you subsequently contact us (e.g. via the contact form). In any case we collect the following usage and web access data (which we call "usage data"):
  • The date and time of the visit and the duration of the use of the website;
  • The IP address of your device;
  • The referral URL (the website from which you may have been redirected);
  • The subpages of the website visited; and
  • Further information about your device (device type, browser type and version, settings, installed plug-ins, operating system).
  The processing is exclusively pseudonymous. We ourselves cannot identify you as a person on the basis of this data.
• JJobandtalent provides its users with the app to bring together talented, qualified professionals with employers. Therefore, Jobandtalent may collect the following personal information from you as a user:
  • Name;
  • E-mail address;
  • Telephone number. The app can only be used by applicants who verify their telephone number with a confirmation code;
  • Personal information, such as your biography and/or resume, work experience or education level, and any special skills.
  • Date of birth or address;
  • Job references;
  • Certificates of education;
  • Work permits;
  • Other official documents such as your driver's license or other relevant documents;
  • The offers you apply for;
  • Your search requests;
  • You video interviews;
  • You bank account;
  • Your payroll; and
  • Contractual documents for current and previous activities for employers
  • Ratings, which are entirely posted by Users. Jobandtalent maintains User ratings on its servers but does not edit these ratings.

Data sources

As a rule, we collect your personal data directly from you. However, we would like to point out that our services are designed to place only suitable applicants with employers who are suitable for them. For this reason, our services use feedback and behavioural data from your previous employers to determine whether you are suitable for the jobs for which you are applying. In the case that you have had a previous assignment with Jobandtalent, we may be listed as a former employer. We may be able to build a quality score from this after we have evaluated the feedback and behavioural data from your former employers. Obtaining this feedback serves as a quality control in our services.

Purposes, legal bases and time limits for the conservation of personal data

The personal data collected shall be processed for the following purposes and on the following legal basis:

Purpose	Legal basis (Art. 6 GDPR)	Retention period
Providing the Service stipulated in the General Terms of Use and managing all the necessary issues for its maintenance, for which these data are strictly necessary. More information in section 2 of the General Terms of Use.	Necessary for the performance of the contract (Art. 6.1.b GDPR).	Personal data may be processed during the course of the contractual relationship. Once the contractual relationship has ended, the personal data may be stored for a period of five years. At the end of that period, the personal data shall be deleted
Sending promotional information related to the recruitment and hiring service you have activated, such as training courses related to your professional activity.	Necessary for the performance of the contract (Art. 6.1.b GDPR) and for legitimate interest (Art. 6.1.f GDPR).	Personal data may be processed during the course of the contractual relationship. Once the contractual relationship has ended, the personal data may be stored for a period of five years. At the end of that period, the personal data shall be deleted. Personal data shall also be processed until the legitimate interest that legitimizes the processing disappears. From then on, the data may be kept blocked for up to five years to meet any liability that may arise from the processing described in this section. Once this retention period has elapsed, the personal data will be deleted.
Sending promotional information which is not related to the main activity of Jobandtalent: benefits negotiated with third parties for being a Jobandtalent worker	Consent (Art. 6.1.a GDPR).	Personal data may be processed until the given consent is revoked. From then on, the data may be kept blocked for up to one year. Once this period has elapsed, the personal data will be deleted.
Automated decision-making including profiling related to the activity of providing and applying for jobs. Methodology: Jobandtalent algorithm to find the applicants who best match their offer, taking into account their profile information and behaviour. Consequences: sending information about offers which match their profile	Necessary for the performance of the contract (Art. 6.1.b GDPR)..	Personal data may be processed during the course of the contractual relationship. Once the contractual relationship has ended, the personal data may be stored for a period of five years. At the end of that period, the personal data shall be deleted.
Professional references of the applicants with the purpose of improving the employability of the workers. More information in section 6 of tje General Terms of Use.	Legitimate Interest (Art. 6.1.f GDPR).	Personal data shall be processed until the legitimate interest that legitimizes the processing disappears. From then on, the data may be kept blocked for up to five years to meet any liability that may arise from the processing described in this section. Once this retention period has elapsed, the personal data will be deleted.
Processing of the usage data to enable you to use the website and to ensure the functionality of the website. In addition, we process usage data to analyse the performance of the website, to continuously improve the website and correct errors or to personalise the content of the website for you. We also process the usage data to ensure IT security and the operation of our systems and to prevent or detect misuse, especially fraud.	Legitimate Interest (Art. 6.1.f GDPR).	These server log files are deleted after a maximum of 7 days.
Enable registering as a User.	Necessary for the execution of the contract (Art. 6.1.b GDPR)..	Personal data may be processed during the course of the contractual relationship. Once the contractual relationship has ended, the personal data may be stored for a period of five years. At the end of that period, the personal data shall be deleted.
Enable the posting of personal content in Jobandtalent’s platform	Consent (Art. 6.1.a GDPR).	Personal data may be processed until the given consent is revoked. From then on, the data may be kept blocked for up to one year. Once this period has elapsed, the personal data will be deleted. You can revoke this consent at any time by deleting posted documents.
Provide the User with the functions of the app in order to provide him/her with the platform in the requested version. These functions include the entire management of your applicant profile and your relationship with the various employers. The App also provides you with job offers tailored to your needs, which we may also proactively offer you, and a personalized user experience in the App, where you are only shown offers and employers that are of interest to you.	Necessary for the performance of the contract (Art. 6.1.b GDPR).	Personal data may be processed during the course of the contractual relationship. Once the contractual relationship has ended, the personal data may be stored for a period of five years. At the end of that period, the personal data shall be deleted.
Enable user ratings. The transparent presentation of user ratings is part of the platform’s scope of services.	Necessary for the performance of the contract (Art. 6.1.b GDPR).	Personal data may be processed during the course of the contractual relationship. Once the contractual relationship has ended, the personal data may be stored for a period of five years. At the end of that period, the personal data shall be deleted.
Use feedback from the User’s former employers to determine whether he/she is suitable for the applied job.	Necessary for the performance of the contract (Art. 6.1.b GDPR).	Personal data may be processed during the course of the contractual relationship. Once the contractual relationship has ended, the personal data may be stored for a period of five years. At the end of that period, the personal data shall be deleted.
Transfer of the user’s personal data to third parties when legally obliged to do so.	Necessary for compliance with a legal obligation to which the controller is subject (Art. 6.1.c GDPR).	Personal data may be processed until the legal obligation no longer applies. From then on, the personal data may be stored for five years. When that period has elapsed, the personal data will be deleted.
The assertion or defense of legal claims on Jobandtalent’s part.	Legitimate Interest (Art. 6.1.f GDPR).	Personal data shall be processed until the legitimate interest that legitimizes the processing disappears. From then on, the data may be kept blocked for up to five years to meet any liability that may arise from the processing described in this section. Once this retention period has elapsed, the personal data will be deleted.

We process your personal data as long and as far as this is necessary to fulfil our contractual or legal obligations. Therefore, we process (unless otherwise stated above) the aforementioned data for the duration of the contractual relationship with you and after termination only to the extent and for as long as required by law. If, after termination of the contractual relationship or deletion of your user account, the data is no longer required to fulfil legal obligations (e.g. tax or commercial law), it will be deleted, unless further processing is necessary to preserve evidence or to defend legal claims against us. The relevant periods, e.g. under Spanish civil law, are between three and thirty years (e.g. in the case of the retention of documents which are subject to the German Social Security Code and are relevant for company pension schemes).

Automated decision-making

We do not process your personal data within the scope of exclusively automated processing for the purpose of making decisions which have direct legal effect on you without human intervention or which significantly affect you in a similar way.

Jobandtalent uses an algorithm that automatically generates a ranking of the most suitable Applicants for each available job offer based on the information contained in its database, searching for the Applicants who best match the requirements and characteristics of each job offer received. These automated decisions are made based on the personal data collected during the recruiting process, behavioural data of the Applicant if he has had previous assignments with Jobandtalent, as well as on the performance data sent by the Applicants’ former employers.

In this context, we automatically process data in order to provide you with a user experience in our app that is as tailored to your needs as possible and to display offers that match your interests.

The Applicants who are most suitable for a particular job offer (i.e. those included in the ranking) will be notified by Jobandtalent, allowing them to decide whether they are interested in participating in the specific selection process.

Please note, however, that all employers make the decision about whether to work with you, independently and within the framework of their own company policies and processes. If you disagree with an employer's decision, please contact them directly.

Jobandtalent’s automated processing of Applicants’ data is necessary in order to carry out the tasks outlined in the agreement made with Applicants, and thus provide the services offered by Jobandtalent through its platform.

If, as a Candidate, you do not agree to the automated processing of your personal data, then you cannot accept this Policy. In this case, it will be impossible for us to provide you with our services or for you to become a member of the Jobandtalent platform.

Acceptance and consent

The User declares that he/she has been informed of the conditions regarding the protection of personal data, accepting and consenting to the processing of such data by Jobandtalent, in the manner and for the purposes indicated in this Policy.

The User may cancel the service or revoke the consents granted to Jobandtalent for data processing at any given time. Jobandtalent uses two mechanisms through which the Users, upon request, can activate or cancel the e-mail communications services easily and free of charge, both while signing up and in the access menu. For this purpose, the User shall enter the Applicant’s access menu and enable or disable the sending option in the e-mail communications section. In addition to this, this service can be cancelled by following the instructions given at the bottom of the main text included in the e-mails. The User can also disable notifications in the mobile app from the settings of their own mobile device.

Accuracy and veracity of the data provided

Users undertake to provide personal data which is true and accurate, as well as to notify Jobandtalent of any modifications or updates of this data. Users are solely responsible for the truthfulness of their personal data. Failure to communicate or the incomplete communication of the personal data that is required to formalize the hiring of the Service will imply the impossibility of providing this Service and, thus, when applicable, the termination of the contract.

Recipients of personal data

Processors

In some cases, Jobandtalent shall allow, for the correct provision of the Services, the access to the personal data of the Applicants by third parties. Such third parties will act as Processors, so they will not process these personal data for their own purposes or for purposes which are different to those stipulated in this Policy. Jobandtalent guarantees that all these entities comply with the data protection regulations which, at the same time, are directly applicable to Processors. Thus, these third parties will always follow the instructions given by Jobandtalent and under no circumstances will they reveal such information to third parties. It is possible that these Processors shall, in turn, subcontract certain tasks related to the services stated in this contract to third parties, and they will also act as Processors, and, thus, they will be bound by the same provisions stipulated for Processors in this Policy.

The subcontracted entities which will act as Processors shall be, among others:

• Providers of technology services and telecommunication networks necessary for the provision and management of the services, as well as for Applicant support:

Your personal data will also be transmitted for technical reasons if this is necessary for the provision of the website or services (i.e. our web host and possibly other service providers, e.g. Kustomer, Inc. , 1019 Market St, San Francisco, CA 94103 as the provider of our Customer Relationship Management solution).

In this context, data recipients also include the third-party providers mentioned in our overview of cookies and similar technologies. Detailed information about the third-party providers we use in this context, e.g. to process customer inquiries or web analytics, can be found in the information about cookies and similar technologies in the Cookie Policy.

• Business Processing Outsourcing (BPO) providers for documentation and interview validations

Jobandtalent may subcontract third parties to help with documentation screening and/or video interview validators

• Agencies which help us deal with the tax and work-related obligations of the applicants.
• Payroll providers:

Jobandtalent may subcontract third parties to help process all the payslips and payroll

• Lawyers which provide us with legal services.

Transfers of personal data

In addition, in individual exceptional cases and if a corresponding legal basis is available, we will transfer personal data to third parties, which may process the User’s personal data for their own purposes. Among these third parties, we may find:

• Financial and criminal prosecution authorities, social security institutions or courts and, under certain circumstances, also on request to the supervisory authority responsible for us under labour law regulations in Germany, the Federal Employment Agency Nuremberg.
• Potential employers: The core service of our services is to bring you and potential employers together. It therefore goes without saying that we forward your profile information and application documents to the respective interested employers within the app to enable them to get in touch with you.
• Group companies: Jobandtalent has subsidiaries in various countries worldwide. These support Jobandtalent in providing the services to provide you with the best possible user experience.
• Mutual societies partnering with Social Security and other organizations providing health care, occupational health and safety services required to comply with the applicable work-related obligations

Joint controllers

Moreover, based on your country and on the kind of process of use in which you take part, particular conditions will be applied to the data processing by some of the following local companies which are the ones carrying out the services as joint controllers, along with Jobandtalent:

• JT Hiring ETT, S.L. (Spain)
• Servicios DIX 2012, S.L. (Spain)
• JT Academy, S.L. (Spain)
• Desarrollo de Personal Logístico ETT, SL (Spain)
• ADER ETT, SL (Spain)
• Jobandtalent France Staffing (France)
• Jobandtalent UK, Ltd (United Kingdom)
• Jobandtalent Works, Ltd (United Kingdom)
• Jobandtalent Services, Ltd (United Kingdom)
• Red Eagle, Ltd (United Kingdom)
• The Works Staffing Solutions, Ltd (United Kingdom)
• JTDE Staffing Gmbh (Germany)
• Jobandtalent DE GmbH (Germany)
• Jobandtalent CO, S.A.S (Colombia)
• JT Contrataciones, S.A.S. (Colombia)
• OTEM, S.A. (Colombia)
• Su Temporal, SAS (Colombia)
• Gente Oportuna, SAS (Colombia)
• Jobandtalent MX S. de R.L. de C.V. (Mexico)
• JT MX Outsourcing S. de R.L. de C.V. (Mexico)
• Technicon, SA de CV (Mexico)
• Paysalary Sverige AB (Sweden)
• Jobandtalent Staffing Sweden AB (Sweden)
• Jobandtalent Hiring Portugal - Trabalho Temporário, Unipessoal Lda (Portugal)
• Jobandtalent, Unipessoal Lda (Portugal)
• Jobandtalent Hirings LLC (Florida)
• Jobandtalent USA, Inc. (Delaware)
• Sentech Services, Inc
• InStaff
• LGS Staffing

Under no circumstances will the data be transferred among these companies without your express consent, and you will always be informed about the company or companies which will process your data through the particular terms and conditions of the recruitment process in which you take part.

Data processing outside the European Economic Area (EEA)

We do not transfer your personal data to countries outside the EEA without taking appropriate protection measures. We will therefore always ensure that an adequate level of data protection is guaranteed at all times. To this end, we will ensure that sufficient guarantees within the meaning of the GDPR are in place, e.g. because the so-called EU standard contractual clauses are included in our contracts with the recipients in order to guarantee the security of processing and an appropriate level of data protection at all times, or because other suitable guarantees within the meaning of the GDPR are in place, such as binding corporate rules or approved rules of conduct.

Security measures

Your data will be protected with security measures of a technical and organizational nature in order to guarantee the safety of personal information and prevent their non-authorized modification, loss, processing or access, in the light of the scope, context and purposes of the processing; the state of the technique and the existing risks, such as control proceedings for the safety of the information systems. When determining these measures, criteria such as the scope, context and purposes of the processing have been taken into account, as well as the state of the technique and the existing risks.

Exercise of rights

The User may exercise the following rights regarding data protection before Jobandtalent.

Right	What does it consist of?
Right of access by the data subject (Art. 15 GDPR)	Check which personal data Jobandtalent processes.
Right to rectification (Art. 16 GDPR)	Modify personal data processed by Jobandtalent when they are inaccurate.
Right to erasure (Art. 17 GDPR)	Request that Jobandtalent removes your personal data.
Right to restriction of processing (Art. 18 GDPR)	Request that Jobandtalent limits the processing of your personal data.
Right to data portability (Art. 20 GDPR)	Request that Jobandtalent provides you with information about yourself in a computer format.
Right to object (Art. 21 GDPR)	Request that Jobandtalent does not process your personal data for some specific purposes.
Right to lodge a complaint with a supervisory authority (Art. 77 GDPR)	If you consider that the processing of your personal data infringes the GDPR, you may lodge a complaint, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement. You may also lodge a complaint with the corresponding supervisory authority at the place of business of Jobandtalent, i.e. the Agencia Española de Protección de Datos (Spanish Data Protection Agency).

Furthermore, the Users may also revoke a given consent at any time. However, this revocation is only valid from that moment onwards. Any processing that may have taken place before the revocation remains unaffected.

If the Users wish to exercise their rights as data subjects, they may do so through the platform settings, or by editing their Applicant profile. Alternatively, you may also contact the DPO of Jobandtalent at [email protected] from the e-mail address associated to the account on which you wish to exercise your rights. In case of sending a request by e-mail, it shall include a copy of your ID or any other equivalent identity document, as well as the minimum content stipulated in the applicable regulations.

If the request does not meet all the specified requirements, Jobandtalent may ask for it to be corrected. No consideration for the exercise of any rights will be required. The exercise of rights will be granted unless there is a legal or contractual obligation to retain them.

Information about your right of objection under Art. 21 GDPR With regards to the aforementioned right to object to the processing of your personal data at any time for reasons arising from your particular situation; provided that such processing is carried out on the basis of Art. 6 (1) lit. f) GDPR (data processing based on a balancing of interests), if you object, we will no longer process your personal data unless we can demonstrate circumstances that outweigh your interests, rights and freedoms and therefore justify the processing. You also have the right to object, at any time and free of charge and without giving any reason, to the processing of your personal data for the purpose of direct marketing, including the creation of a user profile (so-called "profiling"), insofar as it is for the purpose of direct marketing. Please note that you may not be able to use the services, or only to a limited extent, if you object to the processing of this data. You can submit your objection informally by e-mail to our customer service: [email protected].