PERSONAL DATA PROCESSING AGREEMENT

Last update: [21 July 2020].

The privacy of Talents personal data is important to Jobbatical. This Notice describes the rules according to which Jobbatical Processes Personal Data disclosed in the Platform.

1. GENERAL DEFINITIONS

Jobbatical: A company established and existing under laws of Estonia, with registry code 12671900, located at Niine tn 11, 10414

Platform: Jobbatical operated website [https://Jobbatical.com] which enables the employers or employment agencies to manage the relocation process of their or their clients international employees in one place by creating an account for each person involved in the process or order other immigration and relocation services from Jobbatical

Client: A legal entity who has accepted Platform Agreement and is using the Platform for managing ongoing relocation processes

Talent: A natural person whom the Client wishes to relocate and for that purpose is requested to submit all necessary information and documents via Platform

GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data

Notice: This privacy notice

Personal Data: Any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Personal Data processed by Jobbatical is described under Section 2

Processing: Any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction

Controller: A person who alone or jointly with others, determines the purposes and means of the Processing of Personal Data. Mainly the purposes of the Talent’s Personal Data Processing are determined by the Client and is therefore considered as the Controller, except when Talent orders any services directly from Jobbatical. In the latter case Jobbatical is considered as Controller

Processor: A person who Processes Personal Data on behalf of the Controller. Jobbatical Processes Personal Data on behalf of the Client for provision of Service and under instructions of the Client and is therefore considered as Processor, unless Jobbatical is providing services ordered by the Talent

Services: Platform Service and additional relocation services provided in relation to the Talent to Client by Jobbatical


2. PERSONAL DATA BEING COLLECTED

  1. During the provision of Platform Service, Jobbatical may Process the following Talent’s Personal Data on behalf of the Client:

1.1 General Personal Information: name, nationality, personal identity number, gender, marital status, educational qualifications;

1.2 Identification Data: photographs, copies of ID documents (such as passport); 

1.3. Contact Details: address, phone number, email address, bank details;

1.4. Employment Data: resume, date of employment, position, salary information, information regarding bonus, benefits, other employment documentation, rehabilitation matters, information on entry and exit at the work place;

1.5. Family Data: data about family members who are subject to Services;

1.5. Other Data: any other information that the Talent or Client submit to the Platform. 

2. Talent can see the data processed on the Platform under his personal profile after logging in with the log in credentials provided to him.

3. SOURCES OF PERSONAL DATA COLLECTION

  1. Jobbatical Processes Personal Data which is made available in the Platform by the Talent or the Client. 

4. PURPOSES FOR PROCESSING

  1. Jobbatical Process the Personal Data to fulfill the Platform Agreement entered into with the Client/Talent and provide any Services ordered by the Client/Talent, including but not limited the Personal Data may be Processed for the following purposes: 

1.1. to register Talent’s short-term employment;

1.2. applying for visa;

1.3. applying for temporary residence permit for employment;

1.4. applying for the ID code pre-residency;

1.5. applying for temporary residence permit for family members;

1.6. registration of residence address;

  1. 7. Providing support services for living arrangements;

1.8. Other support requested by the Client in order to enable the Talent to work and reside in the country of employment.

2. Talent is not subject to statutory obligation to provide Personal Data to Jobbatical as described in this Notice. The collection of Personal Data referred herein is necessary for the provision of Services. Failure to provide data may result in adverse consequences, such as, Client’s inability to successfully complete the Talent’s relocation process as well as Jobbatical’s inability to fulfil the Platform Agreement entered into with the Client/Talent. 

3. In case the Talent has any doubts about the necessity of providing the data requested in the Platform or possible consequences arising from the failure to provide the Personal Data, Jobbatical recommend asking clarifications.

5. AUTOMATED DECISION MAKING

  1. Jobbatical does not Process Talent’s Personal Data for automated decision making. 

6. LEGAL GROUNDS FOR PROCESSING

  1. Jobbatical shall not be liable for any unlawful Processing or Personal Data breach, incl. damages which are caused by the Client’s or its third party service providers Processing operations.  
  2. By using the Platform, you confirm that you have granted all authorizations, consents and permits to the Client which are necessary for the Personal Data Processing described herein. 
  3. Jobbatical is Processing Talent’s Personal Data under the Platform Agreement and Data Processing Agreement entered into with the Client and in accordance with the instructions provided by the Client. 

7. TRANSFER OF THE PERSONAL DATA

  1. To the extent this is necessary for the provision of Services, Jobbatical may share Talent’s Personal Data with certain authorities, agencies or other third parties. For example, we may share Talent’s Personal Data with following parties in following situations: 

1.1. with Client and any service provider who is entitled to access and review Talent’s data on behalf of the Client;

1.2. with service providers who is used by Jobbatical for the provision of Platform Service, such as IT service suppliers, cloud storage provider;  

1.3. with police when it is necessary for applying for documents;

1.4. embassies in the country of Talent’s residence;

1.5. state registers such as population registry;

1.6. state authorities, such as tax authority;

1.7. banks, for example to help creating a bank account;

1.8. family doctor or other health care providers, for example to find a suitable service provider for you; 

1.9. kindergartens and schools, for example if part of the Services includes relocation services concerning your family. 

2. Talent can ask for the overview of specific third parties with whom the Personal Data has been shared and what Personal Data has been shared with by contacting Jobbatical on the contact details indicated in clause 13 below. To the extent this is necessary for the provision of Services, Jobbatical may share Talent’s Personal Data with certain authorities, agencies or other third parties. For example, we may share Talent’s Personal Data with following parties in following situations:

8. SECURITY

  1. Jobbatical will take appropriate legal, organisational, and technical measures to protect Personal Data consistent with applicable privacy and data security laws. Security measures shall be applied in order to protect Personal Data from involuntary or unauthorized Processing, disclosure or destruction. 
  2. Upon transferring Personal Data, incl. providing access to third parties, Jobbatical will apply the following safeguards:
  1. Jobbatical enters into a data processing agreement with the relevant third party which impose the same obligations on the third party as are imposed in the data processing agreement entered into with the Client;
  2. Jobbatical makes sure that such third party undertakes to implement appropriate technical and organizational measures ensuring the Processing of Talent’s Personal Data in accordance with this Notice;
  3. Jobbatical makes sure that (a) the third party is established in a jurisdiction which the European Commission has recognized as ensuring an adequate level of personal data protection, or (b) the Processing of Client’s Personal Data is subject to other appropriate safeguards stipulated in the GDPR.  

9. RETENTION OF THE PERSONAL DATA

  1. Jobbatical Processes Talent’s Personal Data as long as it is necessary for the provision of the Services. Talent’s profile and all Personal Data therein will be deleted if Talent has not used Platform for 3 years (Talent has not logged in to his profile for 3 years) or upon termination of the Platform Agreement entered into with the Client, unless we have a legal basis for retaining the Personal Data for a longer time period. 

10. TALENT'S RIGHTS

  1. Talent has the following rights in relation to the Processing of his Personal Data:

1.1. Request information – Jobbatical has provided all information which the Talent has right to receive in this Notice. The valid version of the Notice is available in the Platform at any time. 

1.2. Right to access – Talent has the right to ask Jobbatical to provide a copy of Talent’s Personal Data which Jobbatical Process.

1.3. Right to Rectification – Talent has the right to ask Jobbatical to rectify Personal Data in case the data is incorrect or incomplete.

1.4. Right to Erasure – Talent has the right to ask Jobbatical to erase Personal Data, unless Jobbatical is obliged to continue Processing Talent’s Personal Data under law or under a contract between the Client and Jobbatical, or in case Jobbatical has other lawful grounds for the continued Processing of Personal Data. 

1.5. Right to Restriction – Talent has the right to ask Jobbatical to restrict the Processing of his Personal Data in case the data is incorrect or incomplete or in case his Personal Data is Processed unlawfully.

1.6. Right to Data Portability – Talent has the right to ask Jobbatical to provide the Talent  or, in case it is technically feasible, a third party, his Personal Data, which the Talent has provided to Jobbatical and which is Processed in accordance with Talent’s consent or a contract between the Client and Jobbatical.

1.7. Right to Object – Talent has the right to object to Processing his Personal Data in case there is a reason to believe that Jobbatical has no lawful grounds for Processing the Personal Data. 

1.8. Right to withdraw Consent for the Processing of Personal Data – when any Processing is conducted under Talent’s consent then the Talent is entitled to withdraw the consent granted for the Processing of Personal Data at any time. Withdrawal does not affect the lawfulness of the Processing conducted before the withdrawal.

1.9. Right to File Complaints – Talent has the right to file complaints regarding Processing of his Personal Data.

2. In order to exercise any rights referred herein the Talent is required to submit a written application to Jobbatical (contact details can be find under Section 13). Jobbatical has the right to decline this application by justifying the reasons for the refusal.

11. COOKIES

  1. Our Platform uses cookies. This section incorporates our cookie policy (the Cookie Policy) that applies when using the Platform.
  2. Cookies are small data files stored on user hard drive by a website. Cookies help Jobbatical to monitor and improve the functionality and usage of the Platform and user experience on the Platform. Jobbatical can use cookies to see which areas and features are popular and to count visits in the Platform, to recognise the user as a returning visitor and to tailor user’s experience of the Platform according to user’s preferences. 
  3. We use session cookies on the Platform that are temporary cookies which only exist during the time the user uses the Platform (or more strictly, until closing the browser after using the website). Session cookies help websites remember what the user chose on the previous page, avoiding the need to re-enter information.
  4. We also allow web analysis tool, Google Analytics by Google Inc., to track user visits. Google Analytics tracking uses cookies in order to provide meaningful reports about site visitors, but does not collect personal data about website visitors. For more information on the cookie set by Google Analytics, including information on how to opt out please go to: https://developers.google.com/analytics/resources/concepts/gaConceptsCookies.
  5. User can delete or block cookies on the Platform through your browser settings at any time. However, some cookies might be necessary for the functionality of the Platform. Therefore, you understand that when blocking or deleting the cookies some features of the Platform might not function correctly. For more general information about cookies including the difference between session and persistent cookies please see www.allaboutcookies.org.
  6. In case you have any question concerning Cookie Policy, you may contact us via contact details provided below.

12. RIGHT TO AMEND THIS NOTICE

  1. Jobbatical is entitled to unilaterally amend this Notice from time to time. Upon amending the Notice, Jobbatical will notify the Client as well as the Talent about the terms via Platform. 

13. CONTACT INFORMATION

  1. Should the Talent have any questions regarding this Notice or Processing of Personal Data, they are welcome to contact Jobbatical with requests, inquiries or any complaints via email: [support@Jobbatical.com].



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