Privacy notice

Last Updated: 23 nov, 2023

This Privacy notice (the “Notice”), regulates the processing of personal data that may be carried out by Jobs and Talent S.L. and its subsidiaries (collectively, “we” or “Job&talent”) with CIF (Spanish Tax No.) B-85384808, address for communication purposes in Madrid, Av. Doctor Federico Rubio y Galí, 5, 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 Notice, Job&talent informs Website users (the “Users”) that they may freely and voluntarily determine whether they wish to provide Job&talent with personal data that may be required from them or that Job&talent 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 Job&talent with the personal data specified in this Notice. However, the refusal to provide Job&talent 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 Job&talent’s services, or only to a limited extent.

We reserve the right to amend this Notice at our discretion and at any time. When we make changes to this Notice, 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 Notice applies to the Processing of Personal Data by Job&talent 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 Job&talent 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 Job&talent.

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

Job&talent 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.

• Job&talent provides its users with the app to bring together talented, qualified professionals with clients. Therefore, Job&talent may collect the following personal information from you as a user:

• Name and surname;

• 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;

• Social security number;

• 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. Job&talent maintains User ratings on its servers but does not edit these ratings.

• Your availability and working time preferences

• Your schedules and shift information, including your location for clocking in and out of your shift 

• Your attendance information (punches, time-off, etc) 

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 behavioral 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 Job&talent, 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 behavioral 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:

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.

Job&talent 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 Job&talent, 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 Job&talent, 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.

Job&talent’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 Job&talent through its platform.

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

Accuracy and veracity of the data provided

Users undertake to provide personal data which is true and accurate, as well as to notify Job&talent 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, Job&talent 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 Notice. Job&talent 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 Job&talent 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 Notice.

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:

• Payslips service providers 

• IT and security service providers 

• Marketing related service providers such as communications tools 

• HR service providers 

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

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

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: Job&talent has subsidiaries in various countries worldwide. These support Job&talent 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

Independent controllers

See full list here.

Data processing outside the European Economic Area (EEA)

We do not transfer your personal data to countries outside the EEA without taking appropriate security 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, such as the EU standard contractual clauses, are included in our contracts with the recipients of your personal data. 

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 Job&talent.

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 Job&talent 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, Job&talent 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].

United States Privacy Terms

This section applies to the processing of Personal Information of United States residents using our Site and/or Services and addresses the specific requirements under the California Consumer Privacy Act 2018 (CCPA), Colorado Privacy Act, Connecticut Data Privacy Act, Utah Consumer Privacy Act, and Virginia Consumer Data Protection Act.

California

Sale of Personal Information

We do not offer an opt-out from the sale of Personal Information because we are not and have not been in the business of selling Personal Information, as defined by the CCPA.We also do not sell any Personal Information of consumers under the age of 16 as we do not knowingly process personal data of users under the age of 18. 

Sensitive Personal Information

The categories of Personal Information used by Job&talent as described in the section "Information Collection" of our privacy notice include "Sensitive Personal Information" as defined under the California Privacy Rights Act. Job&talent does not use or disclose sensitive Personal Information for any purpose other than to provide you with our Services, as permitted by the California Privacy Rights Act.

Your CCPA rights 

California residents have the following rights:

• the right to know how their information is used

• the right to delete their information

• the right to correct their information

• the right to opt-out from sale (if applicable)

• the right to limit the use or disclosure of sensitive information, and

• the right not to be discriminated against because they exercise any of their rights under the California Consumer Privacy Act in violation of Cal. Civ. Code §1798.125.

You can submit your requests by following the steps outlined in the section "Your Rights" in our privacy notice.

Colorado, Connecticut, Utah, Virginia

The Virginia Consumer Data Protection Act, the Colorado Privacy Act, the Connecticut Data Privacy Act and the Utah Consumer Privacy Act, provide consumers with specific rights regarding their Personal Information. If you are a resident of one of these states, this section describes your rights under these laws.

The categories of Personal Information we process, our purposes for processing your Personal Information, the categories of Personal Information that we share with third parties, and the categories of third parties with whom we share it are detailed above in our Privacy notice.

Your Virginia, Colorado, Connecticut and Utah Rights

You can submit your requests by following the steps outlined in the section "Your Rights" in our Privacy notice.

Your Right to Appeal

If we decline to take action regarding a request that you have submitted, we will inform you of our reason for declining to take action and provide instructions for how to appeal the decision. In the event that we do not respond to a request that you make pursuant to one of the privacy rights set forth in this section, you have the right to appeal our refusal to take action within a reasonable period of time after you receive our decision. Within 60 days (45 for residents of Colorado) of our receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied you may contact your state attorney general’s office to submit a complaint.