Last Updated: November 23, 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 GalĂ, 5, and registered in the Company Register of Malaga in volume 4717, folio 186 and page MA-103840, through its website www.jobandtalent.co.uk, 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 shiftÂ
Your attendance information (punches, time-off, etc)Â
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:
Data processedÂ
Purpose
Legal basis (Art. 6 GDPR)
- Name and surname; - E-mail address; - Telephone number; - 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)Â
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.Â
Necessary for the performance of the contract (Art. 6.1.b GDPR).
- Name and surname; - E-mail address; - Telephone number;
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).
- Name and surname; - E-mail address; - Telephone number; - Address in certain circumstances
Sending promotional information which is not related to the main activity of Job&Talent: benefits negotiated with third parties for being a Job&Talent worker
Consent (Art. 6.1.a GDPR).
- Name and surname; - E-mail address; - Telephone number; - Date of birth; - Job references; - Certificates of education; - Work permits; - Other official documents such as your driver's license or other relevant documents;
Automated decision-making including profiling related to the activity of providing and applying for jobs. Methodology: Job&Talent algorithm to find the applicants who best match their offer, taking into account their profile information and behavior. Consequences: sending information about offers which match their profile
Necessary for the performance of the contract (Art. 6.1.b GDPR)..
- Job references; - Certificates of education; - Work permits; - Other official documents such as your driver's license or other relevant documents;
Professional references of the applicants with the purpose of improving the employability of the workers. More information in section 6 of the General Terms of Use.
Legitimate Interest (Art. 6.1.f GDPR).
- 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).
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 analyze the performance of the website, to continuously improve the website and correct errors or to personalize 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).
- Name and surname; - E-mail address; - IP Address
Enable registering as a User.
Necessary for the execution of the contract (Art. 6.1.b GDPR)..
- Name; - E-mail address; - IP Address
Enable the posting of personal content in Job&Talent’s platform
Consent (Art. 6.1.a GDPR).
- Name and surname; - E-mail address; - Telephone number; - 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. 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)Â
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).
- Name and surname;Â - Email address - Job references; - Certificates of education; - Work permits; - Other official documents such as your driver's license or other relevant documents;
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).
- Job references; - Certificates of education; - Work permits; - Other official documents such as your driver's license or other relevant documents;
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).
- Name and surname;Â - Social security number; - Work permits; - Other official documents such as your driver's license or other relevant documents;
Complying with our legal obligations for purposes such as Tax and AccountingÂ
Data processed depends on the case however it typically may involve: - Name; - Surname; - Email address; - Address; - Feedback and references of former employers and of clients that the workers worked for; - Payslips;Â - Banking information;Â Â
The assertion or defense of legal claims on Job&Talent’s part.
Legitimate Interest (Art. 6.1.f GDPR).
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 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 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 providersÂ
IT and security service providersÂ
Marketing related service providers such as communications toolsÂ
HR service providersÂ
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.Â
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.
Right
What does it consist of?
Right of access by the data subject (Art. 15 GDPR)
Check which personal data Job&Talent processes.
Right to rectification (Art. 16 GDPR)
Modify personal data processed by Job&Talent when they are inaccurate.
Right to erasure (Art. 17 GDPR)
Request that Job&Talent removes your personal data.
Right to restriction of processing (Art. 18 GDPR)
Request that Job&Talent limits the processing of your personal data.
Right to data portability (Art. 20 GDPR)
Request that Job&Talent provides you with information about yourself in a computer format.
Right to object (Art. 21 GDPR)
Request that Job&Talent 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 your local supervisory authority.Â
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].