PRIVACY POLICY

Effective Date: 04.09.2023

This privacy policy explains how we, Heads for Excellence GmbH, process personal data.

This privacy policy is designed to meet the requirements of the EU General Data Protection Regulation („GDPR“) and the Swiss Data Protection Act („DPA“). However, whether and to what extent these laws are applicable depends on the individual case.

1. Responsible person and contact

   Responsible is Heads for Excellence GmbH, Via Cornonscello 1, 6944 Cureglia.

   If you have any questions about our handling of personal data or other data protection concerns, you can contact us at the following address: privacy@headsforexcellence.com.

   We have appointed a data protection officer. You can reach them at the above-mentioned e-mail address.

   You can reach the EU representative of Heads for Excellence GmbH at the following contact details:

   VGS Datenschutzpartner GmbH
   Am Kaiserkai 69
   20457 Hamburg
   Germany

   info@datenschutzpartner.eu

2. Explanation of terms

   To explain the terms, we reproduce Art. 5 FADP below:

   • Personal data: any information relating to an identified or identifiable natural person;
   • Data subject: natural person about whom personal data are processed;
   • personal data requiring special protection:
     • Data on religious, ideological, political or trade union views or activities,
     • Data about health, privacy or racial or ethnic origin,
     • genetic data,
     • biometric data that uniquely identifies a natural person,
     • Data on administrative and criminal prosecutions or sanctions,
     • Data on social assistance measures.
   • Processing: any handling of personal data, regardless of the means and procedures used, in particular the acquisition, storage, retention, use, modification, disclosure, archiving, deletion or destruction of data;
   • Disclosure: the transmission or making available of personal data;
   • Profiling: any automated processing of personal data consisting in using such data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location;
   • High-risk profiling: profiling that entails a high risk to the personality or fundamental rights of the data subject by leading to a combination of data allowing an assessment of essential aspects of the personality of a natural person;
   • Data breach: a breach of security that results in personal data being inadvertently or unlawfully lost, deleted, destroyed or altered, or disclosed or accessed by unauthorised persons;
   • Federal body: Authority or department of the Confederation or person entrusted with public tasks of the Confederation;
   • Responsible person: private person or federal body which alone or together with others decides on the purpose and means of processing;
   • Data processor: private person or federal body that processes personal data on behalf of the data controller.
3. Processed personal data and processing purposes

   We process the following personal data as part of the recruitment process:

   • Candidate data and data for recruitment: first and last name as well as contact details of the contact persons, position and title, associated company/job, industry, any cross-connections and further background information from publicly accessible sources (e.g. LinkedIn), CVs, references, letters of motivation, any assigning persons, contents of enquiries.
   • Commissioned data: Communication with employers and third parties, consultation documentation, information disclosed to us by or on behalf of employers, authorities and third parties in the course of our service or which we produce in the course of our service.
   • Service and billing data: Information on the services provided and billed, billing data, proof of services, invoices, payments, bank details.
   • Supplementary information: Information related to the use of our newsletters and participation in our events and other information provided by candidates as well as employers.

   We process personal data mainly to provide, document, bill and improve our services. This includes forwarding your personal data to potential employers, processing to meet legal requirements and to enforce or defend legal claims. We also process our candidates‘ personal data to communicate with them, respond to enquiries and send them newsletters, information about our services and invitations to events, courses, conferences or lectures.

   If you provide us with personal data of other persons (e.g. data of reference persons), please make sure that these persons are aware of this privacy policy and only share their personal data with us if you are allowed to do so and if this personal data is correct.

4. Disclosure of personal data

   We do not disclose any personal data to third parties without the consent of the data subject, unless this is done in connection with order processing or is necessary for the purposes described in this privacy policy. In particular, information may be passed on to employers as part of order processing.

   In addition, we may disclose personal data to contract data processors, in particular to IT providers (e.g. Coveto) and other providers who make IT applications available or provide support and other services on our behalf for the purposes set out in this privacy policy.

   Our processors may be based anywhere in the world and therefore also outside Switzerland or the European Union. Heads for Excellence GmbH ensures that data is only transferred to countries that have a level of data protection equivalent to that of Switzerland or the EU or only to processors that have concluded data transfer agreements with Heads for Excellence GmbH on the basis of the agreements issued and approved by the European Commission, so-called standard contractual clauses (Art. 46 Para. 2 EU-DSGVO) and accordingly guarantee a level of data protection comparable to that of the EU or Switzerland.

5. Cookies / tracking and other technologies related to the use of our website

   We typically use „cookies“ and similar technologies on our websites to identify your browser or device. A cookie is a small file that is sent to your computer or automatically stored on your computer or mobile device by the web browser you are using when you visit our website. This allows us to recognise you when you return to this website, even if we do not know who you are. In addition to cookies that are only used during a session and deleted after your visit to the website („session cookies“), cookies can also be used to store user settings and other information for a certain period of time (e.g. two years) („persistent cookies“). However, you can set your browser to reject cookies, save them for one session only or otherwise delete them prematurely. Most browsers are preset to accept cookies. We use persistent cookies to save user preferences (e.g. language, autologin) so that we can better understand how you use our offers and content.

   By using our websites and agreeing to receive newsletters and other marketing emails, you consent to the use of these techniques. If you do not wish to do so, you must set your browser or email application accordingly, or uninstall the app if this cannot be adjusted via the settings.

6. Duration of the retention of personal data

   We process and store your personal data as long as it is necessary for the fulfilment of our contractual and legal obligations or otherwise the purposes pursued with the processing, i.e. for example for the duration of the entire business relationship (from the initiation, processing to the termination of a contract) as well as beyond that in accordance with the statutory retention and documentation obligations. In this context, it is possible that personal data will be retained for the time during which claims can be asserted against our company and insofar as we are otherwise legally obliged to do so or justified business interests require this (e.g. for evidence and documentation purposes). For operational data (e.g. system logs, logs), shorter retention periods of twelve months or less generally apply.

7. Rights of the data subjects

   Persons about whom we process data have the right to request information in accordance with Art. 25 Federal Data Protection Act of 25 September 2022.

   Insofar as our processing is based on consent, every person concerned has the right to revoke this consent at any time with effect for the future.

   In addition, you may assert the other rights under the applicable Swiss data protection law.

   To exercise such rights, data subjects may contact us at the address mentioned in section 1 above. We will process these requests in accordance with the applicable Swiss data protection law and may also refuse or only fulfil them to a limited extent in accordance with the legal regulations.

   A data subject also has the possibility provided for in the Data Protection Act to contact the Federal Data Protection and Information Commissioner (www.edoeb.admin.ch).

8. Adjustments to this privacy policy

   It may be necessary to amend this privacy policy from time to time, for example if the law or the way we process personal data changes. In this case, the new version will be published on our website.