Data privacy notice

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DATA PRIVACY NOTICE FOR BUSINESS CUSTOMERS

1. GENERAL INFORMATION & ADDRESSEE OF THIS PRIVACY NOTICE

This Privacy Notice addresses you as individuum in your function as employer or recruiter or as employee of an employer / recruiter (hereinafter “Business Customers”).

The protection of personal data is very important to JobCloud Ltd (hereinafter “we” or “JobCloud”). As the controller of your personal data, we therefore comply strictly with the Swiss Federal Act on Data Protection (hereinafter “Swiss FADP”).

We guarantee confidential treatment of all the personal data entrusted to us and assure that we will deal with such data with the greatest care and process the data in accordance with its purpose and only to the extent required by the purpose of the processing.

This Privacy Notice applies to your use of all JobCloud services and products, no matter whether you use our services and products on a JobCloud website (e.g. jobs.ch, jobup.ch, jobscout24.ch, jobcloud.ch, or jobcloud.ai; all of our websites shall be referred to collectively hereinafter as “Platforms”), on mobile applications (hereinafter “Apps”), by telephone or otherwise.

If you provide us with the personal data of other individuals (e.g. data of your employees, co-workers), please make sure that such individuals are aware of this Privacy Notice, and do not share their personal data with us unless you are entitled to do so and the personal data are correct. The individuals concerned should particularly be aware that by publishing job ads on our Platforms in accordance with your instructions, we make personal data available to third parties who visit our Platforms, in particular job seekers.

2. WHAT PERSONAL DATA DO WE USE AND FOR WHAT PURPOSES?

2.1 LEAD GENERATION

2.1 a) Purpose of use:

  • We use personal data to identify Business Customer’s needs for our services and products (generate “Leads”) and initiate the contract negotiation.

2.1 b) Personal data concerned:

  • We use business contact and identification data of you such as name, title, business e-mail address, business telephone number, business role, company name, customer number, as well as login data such as username and password. We store this data in our customer management system (“CRM system”).

2.2 ACCOUNT REGISTRATION, PERFORMANCE OF SERVICES, CONTRACT MANAGEMENT

2.2 a) Purpose of use:

  • We use personal data to set-up the JobCloud Account and to perform our services, for customer management and for invoicing.
  • When a Business Customer enters into a contract with JobCloud, we create a Business Customer account in our CRM system for that Business Customer and store the business contact details of you as the Business Customer’s contact person in the Business Customer account. If a Business Customer account already exists, your contact details will be updated as appropriate.
  • When you are in contact with us, for example when you contact our sales personnel, when you write or call us, use our self-service, our chatbot or live chat, we use your data to answer to your requests.
  • We may display your picture on behalf of the Business Customer in the Business Customer’s company profile if we are requested to do so by the Business Customer.

2.2 b) Personal data concerned:

  • We use business contact and identification data of you such as name, title, business e-mail address, business telephone number, business role, company name, customer number, as well as login data such as username and password. Moreover, you may provide us with additional information necessary for invoicing.
  • We additionally for certain of the above uses use personal data to understand how and when you use our products, services and online offerings and what individual settings you make (language, functionalities etc).
  • We also process your communication data (e-mails, written correspondence, type, time, and place of communications) and the content of your chatbot conversations.
  • We process your photos, voice, and video data but only with your consent or if Business Customer provided us with such information in a context in which we can assume that Business Customer obtained your consent.

2.3 CUSTOMER SERVICE & PRODUCT SUPPORT

2.3 a) Purpose of use:

  • We process your personal data if you reach out to JobCloud via a contact form on our websites, via e-mail, or by phone, via messenger service (e.g.,WhatsApp) or otherwise in order to provide Business Customer with support regarding our services and products.

2.3 b) Personal data concerned:

  • We use business contact and identification data of you such as name, title, business e-mail address, business telephone number, business role, company name, customer number, as well as login data such as username and password.
  • We process communication data such as content of e-mails, and written correspondences.
  • Additionally, we may record your conversation with our sales personnel or customer support for quality management, service improvement, or training of JobCloud personnel but only with your consent. In this regard we may process data such as your photos, voice, and video.

2.4 MARKETING

2.4 a) Purpose of use:

  • We use your contact information to send Business Customer information about similar products and services. You can opt out of receiving these notifications at any time.
  • If you participate in our webinars or Business Customer events on services and products offered by us as well as various focal topics from the field of the labour market, we use your business contact information for sending follow-up communication and webinar materials and further information.
  • We process your data if you enter your contact details to download white books or recordings of webinars from our website to benefit from our free content.
  • If you consent to be filmed or photographed during our online webinar or customer event, we may process this data for marketing purposes. We may also use your photo provided to us by the Business Customer. If the Business Customer provides us with your photo, we assume that you consented to the provision and our use of the photo for customer reference. Moreover, if you provide us with a testimonial with or without photo, we may use this on emails or on our Platform.

2.4 b) Personal data concerned:

  • We use business contact and identification data of you such as name, title, business e-mail address, business telephone number, business role, company name, customer number, as well as login data such as username and password.
  • We process your photos, voice, and video data only with your consent or when we can reasonably assume that you consented.

2.5 MARKET RESEARCH, TREND ANALYSIS, PRODUCT AND SERVICE DEVELOPMENT

2.5 a) Purpose of use:

  • We occasionally ask our Business Customers to take part in market studies, satisfaction analysis of webinars and Business Customer events as well as product surveys. We may use data that you provide to us in this context for service improvement and product development.
  • We may use your personal data on job ads for trend analysis and product development (including for the purpose of developing and training our own artificial intelligence (“AI”) solutions or AI solutions that we use from third party service providers of us).
  • We use the personal data for analytical purposes and improvement of our services. After you have registered and signed in with your login information, we are able to link your online usage data (e.g. how you use our Internet sites and services in your account) with other Business Customer data that we capture and process in conjunction with your usage of our products and services. We can then use that information to offer you services and functions in your JobCloud Account, for marketing purposes, for the evaluation, improvement, and new development of services and functions.
  • We may use different personal data (communication data, usage data, contract data, data collected offline and online) to understand how and when you use our products, services, and online offerings and what individual settings you make. We use your data to derive your preferences, improve for the Business Customer our existing products and services and develop new ones. This information helps us to provide you with information and services which is most relevant for the Business Customer.

2.5 b) Personal data concerned:

  • We use business contact and identification data of you such as name, title, business e-mail address, business telephone number, business role, company name, customer number, as well as login data such as username and password.
  • We use usage data to understand how and when you use our products, services and online offerings and what individual settings you make (language, functionalities etc).
  • Moreover, we use communication data (e-mails, written correspondence) and the content of your chatbot conversation for the purposes.

2.6 OTHER

Purpose of use & personal data concerned: We may use your personal data in addition for the following reasons:

  • Crime prevention: Your personal data may be used to detect and prevent fraud or other illegal and undesired activities. We use among others business contact and identification data of you such as name, title, business e-mail address, business telephone number, business role, company name, customer number, as well as login data such as username and password and information about your usage of our products, services and online offerings.
  • Holding of contests: We hold contests on a regular basis. The only personal data we use to hold such contests is the data collected specifically in the course of the contest after obtaining your express prior consent. Contest-specific terms of use and privacy notices are applicable.

3. DATA SECURITY

We use technical and organizational security measures to provide the data under management with state-of-the-art protection against accidental corruption or intentional manipulation, loss, destruction and unauthorized third-party access. Our security precautions are constantly keeping with the latest technological advances.

4. THIRD-PARTY OFFERS

JobCloud also presents third-party offers on its Platforms and in its e-mails and newsletters or provides links to third-party offers or websites. JobCloud assumes no liability for the collection and processing of personal data by third parties or their services and IT applications. The data protection provisions applicable to the relevant third-party provider will be applicable.

5. WHO RECEIVES MY PERSONAL DATA AND WHERE ARE THE RECIPIENTS LOCATED?

a) Service providers and other third parties:

In the context of our business activities and in line with the purposes of the data processing we may transfer data to third parties, insofar as such a transfer is permitted and we deem it appropriate, in order for them to process data for us or, as the case may be, their own purposes. In particular, the following categories of recipients may be concerned:

  • service providers (such as e.g. banks, insurances, lawyers), including processors (such as e.g. IT providers);
  • group companies;
  • business partners;
  • domestic and foreign authorities or courts;
  • social media platforms;
  • acquirers or parties interested in the acquisition of us or business divisions of us;
  • other parties in possible or pending legal proceedings;

together “Recipients”.

b) Transmission to third countries:

The Recipients may be domiciled anywhere in the world and thus outside Switzerland. JobCloud shall ensure that a transmission is made only to such countries that have a data protection standard equivalent to Switzerland or if the Recipients are located in a country that does not provide for an adequate data protection if the transfer is in line with the Swiss FADP.

If you have questions about the specific Recipients, or would like to receive a copy of the data protection guarantees, please address your question to us (you find the contact details in Section 7).

6. YOUR RIGHTS

In accordance with and as far as provided by applicable law, you have the right to access, rectification and erasure of your personal data, the right to restriction of processing or to object to our data processing, in particular for direct marketing purposes, for profiling carried out for direct marketing purposes and for other legitimate interests in processing in addition to a right to receive certain personal data for transfer to another controller (data portability).

Please note, however, that we reserve the right to enforce statutory restrictions on our part, for example if we are obliged to retain or process certain data, have an overriding interest (insofar as we may invoke such interests) or need the data for asserting claims. If exercising certain rights will incur costs on you, we will notify you thereof in advance.

If you have given us your consent to process your personal data for certain purposes, we will process your personal data within the scope of and based on this consent, unless we have another legal basis, provided that we require one. Consent given can be withdrawn at any time, but this does not affect data processed prior to withdrawal.

In order to assert these rights, please contact us at the addresses provided in Section 7.

In addition, you have the right to enforce your rights in court or to lodge a complaint with the competent data protection authority. The competent data protection authority of Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).

7. CONTACT INFORMATION

JobCloud Ltd
Albisriederstrasse 253
8047 Zurich
Switzerland
e-mail: dataprotection@jobcloud.ch

If you have any questions about data protection, you are welcome to send us an e-mail at dataprotection@jobcloud.ch. We will be happy to answer your questions/requests as soon as possible.

Instead of by e-mail, you may also post a letter to us at the contact address indicated above.

In case of a data breach, contact us without delay and send an e-mail to databreach@jobcloud.ch.

8. CHANGES TO THIS DATA PRIVACY NOTICE

Data processing is constantly evolving. We therefore reserve the right to adapt this Privacy Notice.

Zurich, April 2024

DATA PRIVACY NOTICE FOR JOBSEEKERS

1. DATA PRIVACY NOTICE

The protection of personal data is very important to JobCloud Ltd (hereinafter “we” or “JobCloud”). We therefore comply strictly with all applicable data protection regulations, primarily the revised version of the Swiss Federal Act on Data Protection (hereinafter “Swiss FADP”) and, to the extent applicable in the specific case, the EU-General Data Protection Regulation (hereinafter “EU GDPR”).  

We guarantee confidential treatment of all the personal data entrusted to us and assure that that we will deal with such data with the greatest care and process the data in accordance with its purpose and only to the extent required by the purpose of the processing.
This Data Privacy Notice applies to your use of all JobCloud services and products, no matter whether You use our services and products on a JobCloud website (e.g. jobs.ch, jobup.ch, jobscout24.ch, jobcloud.ch, or jobcloud.ai; all of our websites shall be referred to collectively hereinafter as “Platforms”), on mobile applications (hereinafter “Apps”), by telephone or otherwise.  

If You provide us with the Personal Data of other individuals (e.g. data concerning people who recommend You / references), please make sure that such persons are aware of this Privacy Notice, and do not share their Personal Data with us unless You are entitled to do so and the personal data are correct.  

Please note that data about (i) religious, ideological, political or trade union opinions or activities, (ii) health (including genetic and biometric data), private life or racial or ethnic affiliation (iii) criminal prosecution or penalties and (iv) social assistance measures are considered sensitive personal data under the Swiss FADP and a special category of personal data under the EU GDPR. Please do not send us such data. 

2. DATA PROCESSING

2.1 JOB SEEKERS

2.1.1 Job Seekers with a JobCloud Account

a) Type of personal data: As a Job Seeker, You can register a profile on our Platforms (hereinafter “JobCloud Account”). For registration, it is necessary to enter an e-mail address and password. We use the free registration and log-in service of OneLog (hereinafter “OneLog“, for more information see clause 2.1.1 e)). For fee-based services, it is necessary to enter a billing address. It is up to You to decide whether to upload further personal data to your profile (e.g. your first and last names, address, telephone number, gender, occupation, interests, etc.) and/or documents (e.g. CV, templates for letters of motivation, etc.). Please do not enter any personal information that is classified as sensitive personal data under the Swiss FADP and characterized as a special category of personal data under the EU GDPR (cf. clause 1 above). For more information about registration, see JobCloud’s General Terms of Use and clause 2.1.1 e) below. For more information about data processing by third parties, see clause 8a below). Clause 8a is especially important for You if You make the personal data in your JobCloud Account visible to third parties. 

b) Purposes of the data processing: We process the personal data You provide for the following purposes:

  • Registration with OneLog (see clause 2.1.1 e)). 
  • Providing services: numerous online services are available to registered Job Seekers on our Platforms (e.g. One Click Application, Job-Alert, Favorites, Salary Check, and the important service, the CV database (see 8a); more information about our services is available on the JobCloud Platforms and in JobCloud’s General Terms of Use. We use the personal data provided to us only if necessary for the performance of the services that You use, and only to that extent.
    Digital Recruiting: If You upload your application documents to one of the JobCloud Platforms during the online application process, JobCloud will use your personal information (including all the data and application documents supplied to us via our Platform) for Digital Recruiting; we consider that to be part of our overall service package. In other words, JobCloud will analyze your personal data for purposes of the Digital Recruiting service. “Digital Recruiting” means that JobCloud will analyze and review your personal information, compare it with current job ads, and suggest suitable job ads to You (e.g. by e-mail, SMS or by telephone). JobCloud will not forward your application documents to the employer that posted the job before obtaining your consent.
  • Cross-device personalization: if You use our services on a device and sign up with your account, we will be able to link your account with your device and, depending on your settings, personalise your user experience and our offers, including on other devices on which You make use of our services.
  • Improvement of our services:
    • We use data collected from You by means of textual analysis and/or cookies in order to optimise the job search and job recommendations for You and other users of our Platforms (for more information, see clause 3).
    • We use personal data for analytical purposes, to improve the user friendliness, functionality and quality of our Platforms (for more detailed information, see clause 5).
    • JobCloud also presents third-party offers on its platforms and in its e-mails and newsletters or provides links to third-party offers or websites (e.g. job offers from employers). Through redirection of clicks or otherwise, we may track the way You use such links in order to improve our services and compile statistics.
  • Marketing:
    • We use your contact information to send You information about job-related products and services or job ads through our Newsletter or otherwise, e.g. by e-mail, post, telephone or SMS. You can unsubscribe from marketing-e-mails at any time by clicking on the “Unsubscribe” link included in each  marketing-e-mail. 
    • Based on the information in our database, personalized offers may be sent to You on JobCloud Platforms or other websites as well as social media sites, including both offers available to You directly on the JobCloud Platforms and third-party products and offers that may be of interest to You.
    • JobCloud also presents third-party offers on its platforms and in its e-mails and newsletters or provides links to third-party offers or websites (e.g. job offers from employers). Through redirection of clicks or otherwise, we may track the way You use such links in order to send You personalized offers.
  • Market research: we occasionally ask our Users to take part in market studies. We will not use any additional personal data that You provide to us in the context of such market research without your prior consent. 
  • Crime prevention: your personal data may also be used to detect and prevent fraud or other illegal activities. 

c) Legal basis for data processing under the EU GDPR: an agreement will be formed between You and JobCloud when You set up a JobCloud Account (i.e. when You register with OneLog – for further details, see JobCloud’s General Terms of Use) and clause 2.2.1 e) below). The legal basis of data processing for the purpose of providing services, including Digital Recruiting, is EU GDPR Art. 6 (1)(b). Whenever we use your data to improve our services or for the purposes of marketing, market research, or crime prevention, the data processing is performed on the basis of an overriding private and/or legitimate interest (such as promoting and/or improving our services or crime prevention) and thus on the basis of EU GDPR Article 6 (1)(f). The legal basis of data processing for further market research purposes is EU GDPR Article 6 (1)(a). The legal basis for cross-device personalization is, where applicable, your consent and, in certain situations, the overriding interest of JobCloud, EU GDPR Article 6 (1)(f).

d) Duration of the data processing: the personal data stored by You in your JobCloud Account will be available to You for the duration of the agreement and will be stored by us for that same duration. The personal data will be finally and irrevocably deleted or anonymized if (i) You delete your profile or individual data items yourself or instruct us to do so or if the agreement has been terminated, whether by You or by us (for the details, see JobCloud’s General Terms of Use), provided that (ii) we do not need the data to wind up the agreement, (iii) we are not required to retain such data by law and (iv) the data are not needed for handling of the enforcement, exercise or defence of legal rights. Please note that, for technical and/or organizational reasons, it may take a few days in order to erase your data finally and irrevocably. Other data listed above that is not directly related to your JobCloud Account may be used by us to the extent necessary and as long as we are entitled to do so.  
If we anonymize instead of deleting your personal data, we guarantee that your data will no longer contain any personal references after being anonymized, which means that neither we nor third parties will be able to associate such data with You.

e) OneLog: OneLog is a free registration and log-in service provided by OneLog AG. When you register to set up your JobCloud Account with OneLog, OneLog AG, as the data controller, collects the following personal data: 

  • E-mail address
  • Password

The e-mail address is transmitted by OneLog to JobCloud and JobCloud processes this data as a data controller. For more information on how OneLog processes your personal data, please consult OneLog’s privacy policy, available at: https://onelog.ch/assets/privacy-policies/en-privacy-policy.pdf 

We process your e-mail address during the period of registration for the following purposes: 

  • To fulfil and process contractual and legal obligations; 
  • to manage and maintain the customer relationship; 
  • to verify access authorizations and manage the user account.

2.1.2 Job Seekers without a JobCloud Account

a) Type of personal data: As Job Seekers, You may use selected services (particularly the job search, job application or salary check functions) even without registering. During a job search, we exclusively store your IP address. By using the job application function to apply for a job offer on our Platform, You determine which personal data You wish to make available to us for that purpose, typically your first and last names, e-mail address, address, telephone number, gender, occupation, and biographical data on your career path and interests. We us the salary check function to store data, namely your current employer, place of work, gender, age, education and other data that You input. However, we will not link that data with your IP address or another identifying characteristic. It is therefore impossible for us or for third parties to identify You based on such data, which are therefore not considered personal data. For more information about data processing by third parties (particularly, the processing performed by Business Customers to whom we forward your personal data on your behalf), see clause 8 a) below.

b) Purposes of the data processing: We process the personal data You provide for the following purposes:

  • Providing services: selected services are available even to unregistered users (e.g. the job search, job application or salary check functions; You can find more information about our services for unregistered Job Seekers on the JobCloud Platforms and in  JobCloud’s General Terms of Use. We use the personal data provided to us only if necessary for the performance of the services that You use, and only to that extent.
  • Digital Recruiting: If You upload your application documents to one of the JobCloud Platforms during the online application process, JobCloud will use your personal information (including all the data and application documents supplied to us via our Platform) for Digital Recruiting; we consider that to be part of our overall service package. In other words, JobCloud will analyze your personal data for purposes of the Digital Recruiting service. “Digital Recruiting” means that JobCloud will analyze and review your personal information, compare it with current job ads, and suggest suitable job ads to You (e.g. by e-mail, SMS or by telephone). JobCloud will not forward your application documents to the employer that posted the job before obtaining your consent.
  • Improvement of our services:
    • We use data collected from You by means of textual analysis and/or cookies in order to optimise the job search and job recommendations for You and other users of our Platforms (for more information, see clause 3).
    • We use personal data for analytical purposes, to improve the user friendliness, functionality and quality of our Platforms (for more detailed information, see clause 5).
  • Marketing: Based on the information in our database, personalized offers may be sent to You on JobCloud Platforms or other websites as well as social media sites, including both offers available to You directly on the JobCloud Platforms and other JobCloud offers that may be of interest to You.
  • Crime prevention: your personal data may also be used to detect and prevent fraud or other illegal and undesired activities.

c) Legal basis for data processing under the EU GDPR:

Whenever You use certain of our services, an agreement for one-time performance of that service is formed between You and JobCloud. The legal basis of data processing for the purpose of providing services is EU GDPR Art. 6 (1)(b).  

Our data processor agreement with the Business Customer provides the legal basis for our sending your application to the Business Customer (that is to say, to the employer or recruiter). 

Whenever we use your data to improve our services, for purposes of marketing or for crime prevention, the data processing is performed on the basis of an overriding private and/or legitimate interest and thus on the basis of EU GDPR Article 6 (1)(f). Insofar as the EU GDPR is applicable, we base our data processing for Digital Recruiting on your consent (EU GDPR Art. 6 (1) (a))and, if the Swiss FADP is applicable, on the general principles of data protection and, as grounds of justification, on our own overriding interests.

d) Duration of the data processing: we store your personal data for a 6-month period, at the end of which we anonymize or delete all your personal data finally and irrevocably, except for such data as we are required to retain by law or the processing of which is useful for handling  the assertion, exercise or defence of legal rights. If we anonymize instead of deleting your personal data, we guarantee that your data will no longer contain any personal references after being anonymized, which means that neither we nor third parties will be able to associate such data with You.

2.2 BUSINESS CUSTOMERS

a) Type of personal data: when setting up a new JobCloud Account, employers and recruiters (hereinafter “Business Customers”) enter all the necessary information for invoicing and management of their customer relationship with JobCloud. In doing so, the Business Customer may happen to provide us with personal data (e.g. name and e-mail address of employees who serve as contact persons). Multistage access information (consisting of the e-mail address, password and, if applicable, customer number and user name) ensure that the Business Customer will have secure access for management of job offers.

b) Purpose of data processing: We process the personal data You provide for the following purposes:

  • Providing services: we use your personal data only if and insofar as necessary to provide You with the services that You use (for information about our services for Business Customers, see the JobCloud Platforms and JobCloud’s General Terms and Conditions).
  • Improvement of our services: we use the personal data for analytical purposes, only if and insofar as necessary to do so to improve our services.
  • Marketing: we use your contact information to send You information about similar job-related products and services.
  • Market research: we occasionally ask our Customers to take part in market studies. We will not use any additional personal data that You provide to us in the context of such market research without your prior consent.
  • Crime prevention: your personal data may also be used to detect and prevent fraud or other illegal and undesired activities.

c) Legal basis for data processing under the EU GDPR: The legal basis of data processing for the purpose of providing services to Business Customers is EU GDPR Article 6 (1)(b); the legal basis for processing the data of individuals involved is EU GDPR Art. 6 (1)(f). Whenever we use your data to improve our services or for purposes of marketing, marketing research or crime prevention, the data processing is performed on the basis of an overriding private and/or legitimate interest EU GDPR Article 6 (1)(f). The legal basis of data processing for further market research purposes is EU GDPR Article 6 (1)(a).

d) Duration of the data processing: all data generated by Business Customers during the business relationship shall be stored in the JobCloud database for the duration of the business relationship. We will delete all your personal data immediately upon termination of the agreement with You, providing that such data 1) are not needed by us to wind up the agreement, 2) are not required to be retained by us by law, and 4) are not useful for handling the assertion, exercise or defence of legal rights.

3. JOB MATCHING

We use your personal data in order to optimise the job search and job recommendations for You and the other users of our Platforms with the assistance of a statistical model. To do so, we analyze the data that You sent to us and/or your user behaviour on our Platforms (for more detailed information, see clause 5). The data thus acquired is used by us exclusively to improve our statistical model and to display job recommendations that match your search history and interests. For more information about the legal basis, purpose and deletion of personal data during job matching see clauses 2.1.1 and 2.1.2.

4. HOLDING OF CONTESTS

We hold contests on a regular basis. The only personal information we use to hold such contests is the information collected specifically in the course of the contest after obtaining the data subject’s express prior consent. The contest-specific Terms of Use and privacy notice are applicable to the holding of contests and data processing of personal information in the course of competitions.

5. DATA SECURITY

We use technical and organizational security measures to provide the data under management with state-of-the-art protection against accidental corruption or intentional manipulation, loss, destruction and unauthorized third-party access. Our security precautions are constantly keeping with the latest technological advances.

6. THIRD-PARTY OFFERS

JobCloud also presents third-party offers on its platforms and in its e-mails and newsletters or provides links to third-party offers or websites. JobCloud assumes no liability for the collection and treatment of personal data by third parties or their services and IT applications. The data protection provisions applicable to the relevant third party provider will be applicable.

7. TRANSMISSION OF YOUR PERSONAL DATA TO THIRD PARTIES AND TO THIRD COUNTRIES

a) Transmission of applications to Business Customers and visibility of profile data: Transmission of job applications: When You apply for a job on our Platform as a Job Seeker, we forward your application to the appropriate Business Customer. You can also use the “Apply with” function to grant a Business Customer access to certain information stored in your JobCloud Account. In such cases, we will send the application stored in your JobCloud Account to the appropriate Business Customer. Please note that in such case, your personal data will be transmitted to the appropriate Business Customer, who may possibly keep a copy. Once your personal information has been transmitted, JobCloud can no longer retrieve it from the third parties who have accessed it. Your personal information may therefore, theoretically, be retransmitted to others.

Visibility of profile data: You also have the option of making your profile visible to third parties by selecting the “Visible” setting, which authorizes us to make your personal data available to employers and/or recruiters for recruitment purposes (“CV database” function; for more detailed information, see our Terms of Use). Please note that if You make your personal data visible, it may be downloaded in unencrypted form by Business Customers (including outside Switzerland) and, in theory, may be forwarded by them from out of their JobCloud Account to third parties worldwide in unencrypted form. Once You have posted your personal information in the “visible” mode, we can no longer retrieve it from the third parties who have accessed it.

Generally: once your personal information is in the possession of third parties, we therefore have no control over the storage, utilization or privacy/protection of your personal data (particularly in the case of CVs). With that in mind, please do not enter any personal information that is classified as sensitive personal data under the Swiss FADP and characterized as a special category of personal information under the EU GDPR (cf. clause 1 above) ) or any other data that You do not wish to be publicly accessible. Theoretically, your personal data could therefore wind up in countries with a level of data protection inferior to that of Switzerland. In all the above-mentioned cases, the subsequent processing of your personal information by the Business Customer is governed by the data protection policy of the Business Customer in question. The Business Customer is liable for complying with all applicable data protection provisions (including with respect to the erasure of your data after completion of the application process).

If You have any questions about the processing of your data (e.g. questions about data erasure), please get in touch directly with the relevant Business Customer.

Naturally, JobCloud makes every effort to protect your data as well as possible, especially through agreements with the Business Customers.

b) Posting of job offers: As a Business Customer, job offers that You post via JobCloud may contain personal data (e.g. the name and e-mail address of the HR employee in charge of job applications). By posting your job offers on our Platforms according to your instructions, we make such personal data accessible to third parties (especially Job Seekers) who visit our Platforms. You are responsible for ensuring that we are authorized to post such data (see clause 1 above).

c) Commissioned data processors: we use the following categories of data processors to provide our services: hosting providers, Cloud Service providers, shipping companies, payment service providers, providers of parsing and matching solutions, advertising providers, tracking technology providers and Social Media Platforms. Such data processors are bound by non-disclosure agreements and it is prohibited for them to use your data for their own purposes or any other purposes.

d) Transmission to third countries: our commissioned data processors may be domiciled anywhere in the world and thus outside Switzerland or even the European Union. JobCloud shall ensure that a transmission is made only to such countries that have a data protection standard equivalent to Switzerland or the EU and only to data processors that have entered into data transmission agreements with JobCloud based on the agreements drawn up and approved by the European Commission, so-called standard contract clauses (EU GDPR Art. 46 (2)) and therefore guarantee a data protection standard comparable to Switzerland or the EU. If You have questions about the specific data processors that we employ, or would like to receive a copy of the data protection guarantees, please address your question according to the contact information indicated in clause 11.6.

8. JOBCLOUD ON MOBILE DEVICES

We offer free apps for a variety of mobile devices and a version of our standard website adapted for mobile devices. Such apps and websites for mobile devices collect and process your personal data in the same way as our website; this Privacy Notice applies. If You grant your consent, we will send You push messages with information about your job search.

9. JOBCLOUD AS COMMISSIONED DATA PROCESSOR

a) Use of JobCloud Applicant Tracking System: Business Customers have the option of using the JobCloud Applicant Tracking System (ATS) in accordance with JobCloud’s General Terms and Conditionsfor employers and recruiters, in which case a data processor relationship arises between the Business Customer (as the data controller) and JobCloud (as the data processor).

b) Transmission of job applications: The data processor agreement between the Business Customer and JobCloud provides the basis for transmission of your applications to the Business Customer (i.e. the employer or recruiter).

10. YOUR RIGHTS

10.1 INFORMATION, COMPLETION AND RECTIFICATION

You may inquire about your stored personal data, complete your data or rectify incorrect personal data at any time by sending an e-mail to dataprotection@jobcloud.ch. We shall promptly respond to your request.

10.2 DISCREPANCIES

If your personal data is processed on the basis of EU GDPR Art. 6 (1)(f), You may object to the processing at any time by sending an e-mail to dataprotection@jobcloud.ch. In that case, we shall promptly cease to process your personal data unless we can demonstrate compelling legitimate grounds for such processing that override your own interests, rights and freedoms, or unless such processing serves to assert, exercise or defend legal claims.

10.3 ERASURE

In addition, You may have us erase your stored personal data by sending an e-mail to dataprotection@jobcloud.ch. Job Seekers with JobCloud Account through OneLog can also make a corresponding request in their account. In that case, we shall promptly erase your personal data irrevocably, as soon as all the existing agreements and other legal relationships with You have been completely wound up, unless we are required to retain such information by law or it useful to handle the assertion, exercise or defence of legal claims. Please note that, after erasure, You will no longer be able to retrieve the data You provided. 

10.4 RIGHT TO LODGE A COMPLAINT

In accordance with the applicable legal system, You have the right to lodge a complaint with a supervisory authority, without prejudice to other administrative or judicial remedies, particularly in the Member State of your habitual place of residence or place of work or the place of the presumed infringement, if You believe that the processing of the personal data concerning You infringes the EU GDPR (if the EU GDPR is applicable to the processing in question). The supervisory authority with which the complaint is lodged shall inform the complainant of the status and the outcome of the complaint, including the option of a judicial remedy under EU GDPR Article 78.

10.5 DATA PORTABILITY

In accordance with the applicable legal system, data subjects may be entitled to receive the personal data that they have provided to JobCloud, in a structured, standard and machine-readable format and to transmit or cause such data to be transmitted to another data controller.

10.6 ENQUIRIES ABOUT DATA PROTECTION

If You have any questions about data protection, You are welcome to send us an e-mail at dataprotection@jobcloud.ch. We will be happy to answer your questions as soon as possible. Instead of by e-mail, You may also post a letter to us at the contact address indicated in clause 12. In case of a data breach, contact us without delay and send an e-mail to databreach@jobcloud.ch.

11. CONTROLLER

The controller within the meaning of the Swiss FADP or the EU GDPR is: 
JobCloud Ltd
Albisriederstrasse 253
8047 Zurich
Switzerland
e-mail: dataprotection@jobcloud.ch

12. EU REPRESENTATIVE

You can reach the JobCloud EU representative using the following contact details:
JobCloud HR Tech GmbH 
Jakov-Lind-Strasse 2, Stiege 2 
A-1020 Vienna 
Austria 

13. CHANGES TO THIS DATA PRIVACY NOTICE

Electronic data processing is constantly evolving. We therefore reserve the right to adapt this Data Privacy Notice.  

Zurich, April 2024

COOKIE NOTICE

JobCloud uses cookies and other similar tracking technologies, including third-party technologies on JobCloud’s websites, apps, email communications and other online services. They are used to enable, enhance, personalize, and analyse the use of our services and for purposes of personalized advertising. This Cookie Notice explains what these technologies are and why and how we use them, as well as your rights to control our use of them. Please also refer to our Privacy Policy to learn how we process personal data relating to you.

Tracking technologies we use

Our websites and apps may use cookies, web beacons, pixel, plug-ins, analytics tools and other similar technologies, including third-party technologies (collectively referred to as “Tracking Technologies”) which allow us and third parties to track your use of our websites.

Our websites may place e.g. session and persistent cookies on your device. Session cookies are used, for example, to store your login information during your visit to the websites. Permanent cookies are used for automatic login, for example, if expressly requested by the user during the registration process.

Our websites may place first-party cookies set by JobCloud. In addition, our websites use external services, which also set their own cookies, known as “third-party” cookies. All third parties who process usage data on our behalf are contractually committed to measures to ensure the security and confidentiality of the data processed.

We may use “pixel tags” (also called beacons) placed on webpages, apps, emails or ads that enable us to identify users when providing our services and track interactions with our platforms and apps.

Through “Software Development Kits” (“SDKs”) we collect information about app usage. By seeing how an app is used with the information gathered through SDKs, an app can be analysed accordingly and improved.

How do we use tracking technologies?

The strictly necessary cookies we use are necessary for the functionality and performance of our websites, allow our websites to operate more efficiently and safely, and facilitate your use of the features and services offered.

The use of functional cookies is necessary for our websites to work as well as possible for you. Analysing through analytical cookies how users use the websites allows us to provide higher quality, more relevant search results, as well as an optimized web experience. A website should be structured in such a way that you, as a visitor, feel comfortable on the site and can easily find your way around. Thanks to the analysis tools, we can make our websites more attractive and we receive feedback about their quality.

JobCloud uses marketing cookies to ensure that users get more relevant advertising messages by ensuring optimal targeting of the ads; we also use such cookies to measure the effectiveness of the ads.

Find out more about the tracking technologies we use here.

How can you change your cookie settings?

 You can customize your cookie settings individually at any time by enabling or disabling individual categories of cookies. You may also refuse the use of cookies by selecting the appropriate settings on your browser to decline cookies. You may also delete existing cookies through your browser.

EU residents can customize their cookie settings individually at any time by enabling or disabling individual categories of cookies in the Cookie Banner of JobCloud. We always ask for your consent before using any cookies that are not strictly necessary to provide the services available to EU users on our websites.

In some of our mobile applications, you also have the option of blocking similar technologies using opt-out buttons.

You can also object to the data processing using this link for jobs.ch and this link for jobup.ch.