Terms and Conditions for Transfers of Personal Data

1. DEFINITIONS

1.1 Capitalised words and phrases have the meaning defined below for the purposes of these Terms and Conditions: 

“Client” – means a (natural or legal) person which has entered into a Recruitment Services Agreement with Talentem or into any other agreement containing an express reference to these Terms and Conditions, which become an integral part of the relevant agreement by such reference;

“Civil Code” – means Act No. 89/2012 Sb., Civil Code, as amended;

“Personal Data” – means any information relating to an identified or identifiable data subject. An identified or identifiable data subject is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a number, code, or to one or more factors specific to the data subject’s physical, physiological, mental, economic, cultural or social identity that is protected under Article 4 point 1 of the GDPR;

“Data Subject” – means a natural person to which personal data relate; in the context of these Terms and Conditions, this term refers mainly to job candidates/applicants.

“Recruitment Services Agreement” – means a Contract on Provision of Recruitment Services and/or any other agreement entered into (or a mere order of the Client delivered to Talentem) for the purpose of using the employee recruitment and job seeking services offered by Talentem;

“Parties” – means Talentem and the Client.

2. SUBJECT MATTER AND PURPOSE

2.1 The subject matter of these Terms and Conditions is the stipulation of the rules and conditions for the processing and transfers of Data Subjects’ Personal Data by Talentem to the Client, provided that in this particular case Personal Data are transferred between two separate controllers.

2.2 These Terms and Conditions regulate the relations between Talentem and the Client, and in particular define the purpose for which the Personal Data will be transferred, the options of how the Personal Data may be handled, and warranties provided by both Parties to safeguard the proper fulfilment of some of the obligations stemming from the GDPR and applicable personal data protection laws, including the implementation of technical and organisational security measures to protect the Personal Data.

2.3 These Terms and Conditions also lay down the rules for protection of Personal Data with regard to their collection, transfer and processing by Talentem and the Client, and distribution of responsibilities between the Parties for the processing of the Personal Data to be transferred under these Terms and Conditions.

2.4 The Parties have agreed that these Terms and Conditions in their entirety will apply to Personal Data transferred under or in connection with the Recruitment Services Agreement (i.e. any agreements entered into between the Client and Talentem and/or mere orders delivered to Talentem by the Client the subject-matter of which is the provision of employee recruitment and job seeking services offered by Talentem) and/or any other agreement that contains an express reference to these Terms and Conditions thus causing them to be an integral part thereof, as well as to any and all other personal data that may be transferred between the Parties on the basis of future or other contractual arrangements, provided that, for the purpose of exercise and fulfilment of the rights and obligations herein agreed, such future or other contractual arrangements will also be considered to constitute the Recruitment Services Agreement within the meaning of these Terms and Conditions. 

3. SCOPE OF DATA

3.1 These Terms and Conditions apply to all Personal Data transferred by Talentem to the Client in connection with the Recruitment Services Agreement, including in particular identification data, contact details, job positions, information disclosed by the Data Subject during phone call (interview), any and all date/information contained in the Data Subject’s curriculum vitae, and any other data attributed by Talentem to the Data Subject in its sole discretion or disclosed by the Data Subject. 

3.2 Special categories of data within the meaning of Article 9 of the GDPR will not, in general, be transferred under these Terms and Conditions or under the Recruitment Services Agreement except where, in connection with a specific job offer, there is a material cause defined by the nature of the work to be performed, and in such cases the processing of such data categories is stipulated by law or express consent was granted by the Data Subject. In such cases, special categories of personal data within the meaning of Article 9 of the GDPR or other sensitive data regarding the Data Subjects may be transferred by Talentem to the Client. The Client is obliged to ensure that no Data Subject’s rights will be prejudiced, in particular the right to human dignity.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1 The Parties are obliged to take appropriate protective measures when processing Data Subjects’ Personal Data. 

4.2 When processing and retaining the Data Subjects’ Personal Data, Talentem shall abide by the Privacy Policy and Talentem’s internal personal data protection policy. The personal data protection policy contains a detailed description of the method of personal data processing and the rights and obligations applicable to the protection of the personal data processed by Talentem. 

4.3 The Client as a separate data controller agrees to process Data Subjects’ Personal Data in compliance with the Recruitment Services Agreement under which (i) Talentem will seek and assess suitable Data Subjects for the Client’s job vacancies, and (ii) the Client will consider and, as the case may be, choose and enter with a Data Subject into a contract/agreement (employment contract or a similar agreement).

4.4 The Client may only process the transferred Personal Data to the extent of the purpose defined under Article 4.3 above, based on a valid legal ground for the processing of such Personal Data stemming from the GDPR or other applicable data protection laws. The Client will process Personal Data in compliance with the GDPR and relevant data protection laws.

4.5 The Client acknowledges that failing to observe the purpose set out in Article 4.3 of these Terms and Conditions for which the Client is authorised to process the Personal Data transferred to it by Talentem, such processing may be found contrary to the GDPR or other data protection laws. 

4.6 The Client acknowledges that it is obliged to adopt any and all technical and/or organisational measures to ensure security of the Personal Data; and in the event of any unauthorised or accidental access to the Personal Data, their alteration, destruction or loss, unauthorised transfers, any other unauthorised processing, as well as any other abuse of the Personal Data, the Client itself is fully liable for such personal data breach, actual or threatened. 

4.7 The Parties agree to use appropriate technical equipment and software in a manner precluding unauthorised or accidental access to Personal Data by other (unauthorised) parties, in particular

• to keep Personal Data in properly secured facilities and rooms;
• to keep Personal Data on electronic form on secure servers or on data media to which only mandated (authorised) persons will have access;
• to ensure remote transfer of Personal Data either via a publicly non-accessible network or by means of secure transfer via public networks.

The Client agrees to make available to Talentem a secure channel for the transfer of documents containing Personal Data. If the designated channel for transfer of Personal Data does not ensure a sufficient level of security, Talentem may insist on increasing the level of security in relation to the Personal Data transfers concerned. In the event of leakage or any other undesirable access to Personal Data as a result of insufficient security of the communication channel, the Client will be liable for any resulting harm in accordance with Article 4.6 of these Terms and Conditions.

4.8 The Parties agree to provide each other with any and all necessary cooperation and information to ensure a seamless and efficient performance of the Recruitment Services Agreement in compliance with these Terms and Conditions, especially in any dealings with the supervisory authority or other public bodies. The obligation to provide cooperation under this Article 4.8 on the part of Talentem does not apply in situations where the Client uses the Data Subject’s Personal Data contrary to these Terms and Conditions or the Recruitment Services Agreement, especially if the Client uses Personal Data contrary to the purpose set out in Article 4.3 of these Terms and Conditions. The Parties shall also assist each other and shall provide each other, insofar as practicable, with necessary cooperation with a view to fulfilment of either Party’s obligation to respond to requests regarding the exercise of Data Subjects’ rights.

4.9 Either of the Parties is obliged and authorised to handle, separately and without having to obtain the other Party’s consent, Data Subjects’ rights under Article 15 et seq. of the GDPR based on a request delivered by a Data Subject to that Party regarding the processing activity performed by that Party.

5. INFORMATION DUTY

5.1 In accordance with the principle of transparency

• Talentem agrees to fulfil the information duty mainly with respect to job candidates/applicants within the scope of Articles 13 and 14 of the GDPR, especially regarding the purposes of processing and the Data Subjects’ rights;

• the Client agrees to fulfil the information duty within the scope of Article 14 of the GDPR, especially regarding the categories of the personal data collected and their source. 

5.2 The Data Subjects must clearly understand from the information provided by the Client that the Client itself is in the position of a separate data controller, and also in what form (extent) the Client receives and processes the Personal Data from Talentem.