Privacy Policy and Terms and Conditions

General

JOB SCHWEIZ AG (hereinafter “JOB SCHWEIZ”; “we”; “us”) has long recognized the importance of protecting sensitive personal data concerning candidates, employees, customers, service providers and partner companies. Our activities require us to collect and use sensitive data. For this reason, we are committed to protecting this information while it is in our possession.

Providing ethical services, as well as respect for employees, colleagues and customers, is also one of JOB SCHWEIZ’s core values and principles. In order to fulfill these obligations, JOB SCHWEIZ has issued data protection regulations that govern its efforts with regard to confidentiality and the use and protection of sensitive personal data.

The data protection declaration (hereinafter “DSE”) shows you which personal data is used by JOB SCHWEIZ, for what purpose it is processed or with whom it is shared when you apply for a job at JOB SCHWEIZ and you are hired or placed by JOB SCHWEIZ or you visit the JOB SCHWEIZ website at www.jobschweiz.com.

If you are an existing or potential client of JOB SCHWEIZ, for whom JOB SCHWEIZ hires out employees or places candidates, this DSE shows you which personal data is processed by you as a client.

For the purposes of this DSE, the term “personal data” refers to all information relating to an identified or identifiable natural person.

If you submit your personal data to JOB SCHWEIZ as a job seeker or job applicant, your personal data will be passed on to potential employers and companies for the purpose of hiring or placing you. After a successful

placement or loan, your personal data will be used to settle the placement with the client or, in the case of a loan to an employment agency, to prepare your payslip, to pay the statutory social security contributions, to settle any withholding taxes and to use your data for all other purposes in connection with the loan or placement.

If you submit your personal data to JOB SCHWEIZ as a customer, your personal data will be used to offer placement or hiring services to you as the contact or responsible person / manager of your company and to bill you for such services.

By accepting our data protection provisions, you acknowledge that your personal data, which you provide to us in connection with an application, may be processed, stored and disclosed to third parties in SCHWEIZ and abroad for the purpose of recruitment and/or personnel placement during the recruitment process and beyond the end of the specific recruitment process.

These third parties include service providers affiliated with JOB SCHWEIZ and companies that provide and operate the IT applications used, as well as other companies that are involved in the necessary processes for the provision of contractual services by JOB SCHWEIZ (e.g. payment service providers). In this respect, you agree that your data may also be transferred to countries in which there is no adequate level of data protection. If, in connection with your application, you have provided “particularly sensitive personal data” in accordance with Art. 5 c) FADP or, if applicable, Art. 9 GDPR (e.g. a photo that reveals your ethnic origin, information about severe disabilities, etc.), your consent also applies to this data.

Upon successful placement or signing of the contract, you agree to send a copy of the signed employment contract to the responsible personnel consultant by e-mail.

You allow JOB SCHWEIZ to send newsletters (to the e-mail address you have provided). In particular, this newsletter contains information about job vacancies that may be of interest to you. You can unsubscribe from this newsletter at any time.

JOB SCHWEIZ guarantees that all personal data will be used strictly confidentially and exclusively for the agreed purpose in accordance with section 5 or if there is another legal basis within the meaning of the applicable data protection laws. To this end, JOB SCHWEIZ takes a variety of technical and organizational measures.

Responsible body

The entity responsible for data processing is JOB SCHWEIZ, Wolleraustrasse 41A, 8807 Freienbach. It can be contacted for data protection concerns via the address JOB SCHWEIZ AG, Wolleraustrasse

41A, 8807 Freienbach or via the e-mail address info@JOBSCHWEIZ.com.

Applicability of the Swiss data protection laws and the General Data Protection Regulation “GDPR”

This Privacy Policy is designed to meet the requirements of the EU General Data Protection Regulation 2016/679 (“GDPR“), the Swiss Data Protection Act (“DPA“) and the revised Swiss Data Protection Act (“revDSG“).

Whether and to what extent these laws are applicable, however, depends on the individual case.

We maintain the confidentiality of your data as follows:

•   We use state-of-the-art data protection systems to protect personal data

•   We specify when and how we use personal data

• Where relevant, we will respect your decisions regarding the collection, use and disclosure of information

•   We make reasonable efforts to maintain up-to-date and accurate information

• We only collect, use and retain information that is relevant and useful to our business relationship

• We retain the personal information necessary to comply with our business and legal obligations

•   If relevant, we offer you the opportunity to view and update your information

• We offer you the opportunity to send us complaints or questions regarding data protection

JOB SCHWEIZ will only process your data, which may also include sensitive personal data, with your consent or in order to comply with legal obligations. Particularly sensitive personal data includes, for example, data about religious beliefs or activities or data about your health, etc.

We need this information in order to provide you with the best possible support during the application process.

What types of personal data are collected?

The following personal data is usually collected if you apply for a job with JOB SCHWEIZ and are successfully hired or placed by JOB SCHWEIZ or if you visit the JOB SCHWEIZ website.

The following categories of data are stored about applicants, e.g:

•   Master data (e.g. name, postal address, e-mail, telephone number)

•   (Work) preferences (e.g. occupational field, form of employment

•   Education (training certificates), professional experience, knowledge

•   Application data (e.g. certificates, references, CV, photo)

The following categories of data are stored about employees, e.g:

•   Master data (e.g. name, postal address, e-mail, telephone number)

• (Work) preferences (e.g. occupational field, form of employment) Education, professional experience, knowledge

•   Education (training certificates), professional experience, knowledge

•   Application data (e.g. certificates, CV, photo)

•   Nationality, details of official authorization to take up employment in

SCHWEIZ

• Extended employee data for personnel administration (working hours, vacation, accident and sickness reports, salary data, bank data, AHV number, civil status, number of children, etc.).

•   For internal employees of JOB SCHWEIZ, data from a criminal record and debt enforcement register extract can also be processed

The following categories of data about customers are processed, e.g:

• Inventory data (e.g. customer master data, such as name or address), contact data (e.g. e-mail, telephone numbers) and other personal data, which may be

part of the following data, such as content data (e.g. text entries, etc.), contract data and payment data (e.g. bank documents). The data subjects include our customers, interested parties and their customers, users, website visitors or employees as well as third parties

Like many other websites, our website also automatically receives non-

identifiable data about users, such as

•   the IP address of your Internet provider and your computer

•   the operating system of your computer

•   the time and date of your visit

•   the areas of the website that you have visited

• the address of the website from which you came directly to the JOB SCHWEIZ website

•   the websites and information you access

•   the information that you store on the website or download from the website 

This non-identifiable data is used for the website, to administer the system and to improve the website. Your non-identifiable data may be passed on to third parties and permanently archived for future use.

Purposes of processing and legal bases

JOB SCHWEIZ processes personal data on the basis of Art. 328b of the Swiss Code of Obligations (CO) and in accordance with Art. 7 para. 3 and Art. 18 para. 3 of the Employment Services Act (AVG), insofar as and for as long as this is necessary for placement and recruitment activities.

JOB SCHWEIZ processes your personal data in order to conclude and process contracts with you and with business partners or employment companies (in the case of the GDPR: Art. 6 para. 1 let. b GDPR – “for the performance of a contract”),

• for the establishment and handling of an employment relationship in personnel leasing for assignments in companies, an internal employment relationship with JOB SCHWEIZ or for the placement of a permanent position with customers of JOB SCHWEIZ

• for the agreement of rental or brokerage contracts with you as a customer and to settle the fees with you

•   to identify you as our employee or customer

• to conduct the necessary correspondence with you and to answer your inquiries

• to process your application with a view to possible employment and to carry out the application process with you and, if necessary, if you give us your express consent to do so, to obtain references and expert opinions from third parties

•   to assess your suitability and qualifications as a potential candidate

• to maintain and continuously improve the performance of our main sales relationships, our Premium Search, Basic Search and Assessment products and our management and executive consulting services

•   to help you with your career choices, personal development and progress

•   to improve the quality and performance of our service offering

•   to comply with legal obligations or requirements;

The processing of personal data takes place because we have to comply with legal requirements (in the case of the GDPR: Art. 6 para. 1 let. c GDPR: “for compliance with a legal obligation”),

• to comply with relevant laws or official requirements (e.g. payment of social security contributions, reporting of withholding tax, etc.)

• in order to comply with any statutory retention obligations, e.g. the 10-year retention period for accounting records and the relevant supporting documents, which may also include your payslips (Art. 958f CO).

We process your personal data for certain purposes if you have given us your consent to do so (in the case of the GDPR: Art. 6 para. 1 let. a GDPR: “Consent”),

• so that we may pass on data about you as a job seeker, job applicant or employee and vacancies to other business branches, if necessary also

beyond national borders (Art. 19 para. 1 lit. a. and c. AVV, 47 para. 1 lit. a. and c. AVV)

•   so that we can obtain expert opinions and references about you (Art. 19 para.

1 lit. b AVV, 47 para. 1 lit. b AVV)

• so that we can send you newsletters or carry out background checks as our customer (e.g. credit checks)

We process your personal data within the scope of and based on this consent, unless we have another legal basis and require one.

Consent that has been given can be withdrawn at any time, but this has no effect on data processing that has already taken place (see section 15)

In addition, we also process personal data of you and other persons for the following purposes, where permitted and where we deem it appropriate, in which we (and sometimes third parties) have a legitimate interest corresponding to the purpose (in the case of the GDPR: Art. 6 para. 1 let. f GDPR: “Safeguarding the legitimate interests of the controller or a third party”),

• to respond to requests from a court or public authority, to assert, exercise or defend legal claims; for the prevention and investigation of criminal offenses, abuses and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud)

•   to offer you as a customer tailored advertising or marketing measures,

including the creation of personalization and profiling, unless you have objected to this use

•   to evaluate website access statistics and to continuously improve the

functionality of our website and our operations, in particular IT. For further information, please consult section 8

Recipient of the personal data

As part of our business activities and for the purposes set out in Section 6, we also disclose data to third parties to the extent permitted and deemed appropriate, either because they process it for us or because they wish to use it for their own purposes. This applies in particular to the following parties:

•   Group company

•   Service companies, e.g. banks and asset management companies

• Authorities, state institutions such as social insurance institutions, unemployment offices, unemployment and compensation funds, SUVA and courts

• Mandated payroll processing companies, pension funds and insurance companies (daily sickness benefits, accident insurance)

• professional advisors, e.g. tax consultants, lawyers, auditors, authorized representatives and agents

• Service providers, suppliers and auxiliary persons, including order processors, with whom we have agreed a contract for order processing (e.g. hosting providers, IT service providers, cloud services, etc.)

Cookies and similar technologies

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 use when you visit our website. This enables us to recognize you when you visit this website again, even if we do not know who you are. In addition to cookies that are only used during a session and are deleted after your website visit (“session cookies”), cookies can also be used to store user settings and other information for a certain period of time (e.g. two years) (“permanent cookies”).

However, you can set your browser so that it rejects cookies, only saves them for one session or otherwise deletes them prematurely. Most browsers are preset to accept cookies.

If we have advertisements on the website, these may also contain “cookies” or other technologies. The advertising may originate from third-party providers. JOB SCHWEIZ assumes no liability in this regard and has

no control over “cookies” and other technologies used in advertising, nor

for the use and dissemination of data obtained via “advertising cookies”. We therefore advise you to read the privacy policies of other websites and internet resources to understand how they collect and use your data.

If you block cookies, certain functions (e.g. language selection, shopping cart, ordering processes) may no longer work.

To find out more about how you can control cookie settings via your browser, find out more about “Private browsing”, “Incognito” or “InPrivate” under the settings of the browser you are using in Firefox, Chrome, Microsoft Edge or Safari.

In some of our newsletters and other marketing emails, we also incorporate visible and invisible image elements, where permitted, which we can retrieve from our servers to determine whether and when you have opened

the email so that we can measure and better understand how you use our offers and tailor them to you.

You can block this in your e-mail program; most e-mail programs are set up to do this by default.

By using our website and agreeing to receive newsletters and other marketing e-mails, you consent to the use of these technologies. If you do not want this, you must set your browser or e-mail program accordingly.

•   Google Analytics

We sometimes use Google Analytics or similar services on our website. This is a service provided by third parties who may be located in any country in the world (in the case of Google Analytics, it is Google Ireland (based in Ireland), Google Ireland relies on Google LLC (based in the USA) as a processor (both “Google“, www.google.com), with which we can measure and evaluate the use of the website (non-personal). Permanent cookies are also used for this purpose, which are set by the service provider. We have configured the service so that the IP addresses of visitors to Google in Europe are truncated before being forwarded to the USA and therefore cannot be traced. We have switched off the settings

“Data transfer” and “Signals”. Although we can assume that the information we share with Google is not personal data for Google, it is possible that Google can use this data for its own purposes to draw conclusions about the identity of visitors, create personal profiles and link this data to the Google accounts of these persons. If you have registered with the service provider yourself, the service provider also knows you. The processing of your personal data by the service provider is then the responsibility of the service provider in accordance with its data protection provisions. The service provider only informs us how our respective website is used (no information about you personally). You can find more information on data

protection at Google here: www.policies.google.com/privacy?hl=de

•   Google Maps

Our website uses the product Google Maps from Google Inc. By using our website, you consent to the collection, processing and use of the automatically collected data by Google Inc., its representatives and third

parties. For further information, please refer to the relevant Google terms of use:

www.policies.google.com/privacy?hl=de

•   Use of tracking technologies / use of information

JOB SCHWEIZ may use your non-identifiable information to create tracking reports on the demographics of website users and the use of the website and provide these reports to third parties. None of this information is linked to the identity or other personal information of users.

Applications via LinkedIn

Via our company page on LinkedIn, we publish job advertisements to which LinkedIn members who already have a social media account can apply directly. JOB SCHWEIZ receives the applicant data via LinkedIn, stores it and is responsible for protecting it.

You can find out how your data is handled at LinkedIn itself and, for example, how to make requests for information or deletion with regard to your data via the LinkedIn data protection information or by contacting LinkedIn data protection directly: www.privacy.linkedin.com/de.

Information on the contact form

If you send us inquiries via the contact form, your details from the inquiry form, including the contact details you provide there, will be stored by us for the purpose of processing the inquiry and in the event of follow-up questions. It will not be analyzed in any other way or linked to other data.

Information on the newsletter

When you register for our newsletter, we will immediately send an e-mail containing a hyperlink to the e-mail address you have provided. By clicking on this link, you confirm your newsletter registration (double opt-in procedure).

By confirming your newsletter registration, you consent to the storage of your e-mail address, including the date of registration. We only use your personal data for the administration and sending of the newsletter you have requested. Each newsletter also contains a note on how you can unsubscribe from the newsletter.

In some of our newsletters and other marketing emails, we also incorporate visible and invisible image elements, where permitted, which we can retrieve from our servers to determine whether and when you have opened the email, so that we can measure and better understand how you use our offers and tailor them to you.

You can block this in your e-mail program; most e-mail programs are set up to do this by default.

Cross-border processing

The recipients (see section 7) of the personal data may be located in SCHWEIZ or abroad. Please note that we may exchange personal data within our group companies or transfer it to countries in which service companies from which we obtain services are based (e.g. software suppliers, IT service providers, cloud service providers, MS365, Salesforce, 3CX, legal advisors/lawyers and authorities, official bodies or courts).

If a recipient is located in a country without adequate statutory data protection, we contractually oblige the recipient to comply with the applicable data protection (we use the revised standard contractual clauses of the European Commission, which are available here: www.eur- lex.europa.eu/eli/dec_impl/2021/914/oj?locale=de?, unless the recipient is already subject to a legally recognized set of rules to ensure data

protection and we cannot rely on an exemption clause.

An exception may apply in particular in the case of legal proceedings abroad, but also in cases of overriding public interests or if the execution of a contract requires such disclosure, if you have given your consent or if the data in question has been made generally accessible by you and you have not objected to its processing.

We disclose personal data to the following countries: EEA, SCHWEIZ, USA, Bosnia, Serbia.

Profiling and automated decision-making

We process your personal data partially automatically with the aim of evaluating certain personal aspects (profiling). We use profiling in particular to provide you with targeted information and advice about products. In doing so, we use evaluation tools that enable us to provide needs-based communication and advertising, including market and opinion research.

As a matter of principle, we do not use fully automated decision-making (as regulated in Art. 22 GDPR) for the establishment and implementation of the business relationship or otherwise. Should we use such procedures in individual cases, we will inform you of this separately if this is required by law and inform you of the associated rights.

Rights of the data subject

You have the right to information, correction, deletion and the right to restrict data processing within the scope of the data protection law applicable to you and to the extent provided for therein (such as in the case of the GDPR). Furthermore, you have the right to object to our data processing, in particular for the purposes of direct marketing, profiling for direct advertising and other legitimate interests in processing. You also have the right to obtain certain personal data for the purpose of

transferring it to another body (so-called data portability).

Please note, however, that we reserve the right to assert the restrictions provided for by law, for example if we are obliged to store or process certain data, have an overriding interest in doing so (insofar as we are entitled to invoke this) or require it for the assertion of claims. If you incur costs, we will inform you in advance.

We have already informed you about the possibility of withdrawing your consent in section 6. You can do this at any time by sending us a message

by post to JOB SCHWEIZ AG, Wolleraustrasse 41A, 8807 Freienbach or via the e-mail address info@JOBSCHWEIZ.com and informing us of your objection.

Please note that the exercise of your rights may conflict with contractual agreements and this may have consequences such as premature termination of the contract or cost consequences. We will inform you in advance if this is not already contractually regulated.

The exercise of such rights generally requires that you clearly prove your identity (e.g. by means of a copy of your identity card, where your identity is otherwise not clear or cannot be verified). To assert your rights, you can contact us at the address given in section 2.

Every data subject also has the right to enforce their claims in court or to lodge a complaint with the competent data protection authority. The competent data protection authority in SCHWEIZ is the Federal Data Protection and Information Commissioner

(https://www.edoeb.admin.ch/edoeb/de/home.html).

Storage period and deletion of personal data

JOB SCHWEIZ only processes personal data for as long as it is still required for the purpose for which it was collected. Personal data will therefore be destroyed or anonymized as soon as this is not the case or no legal, contractual or legitimate interest-based retention period prevents the destruction or anonymization of the data.

Employment contract data that is used to prepare an employment reference is retained for ten years from the date on which the employee leaves the company (Art. 127 CO).

Further retention periods may result from the legitimate interest of the employer or lender/intermediary, e.g. if documents have to be handed over to the audit authority during a payroll audit in order to demonstrate compliance with the provisions of the applicable collective employment agreement.

Applicant data/dossiers of potential candidates are stored for a certain period of time so that they can be used for applications for possible assignments/employment companies; they are then deleted.

JOB SCHWEIZ generally stores business data and accounting documents, including, for example, your payslips, for ten years (Art. 958 f CO), which is why personal data can also be processed and stored in connection with this retention period.

In addition, personal data may be retained until the end of any legal disputes in which the data is required as evidence.

Data security

JOB SCHWEIZ applies appropriate technical and organizational security measures, such as the issuance of directives, training, IT and network security solutions, access controls and restrictions, encryption of data carriers and transmissions and controls to protect your data against unauthorized access, accidental or intentional manipulation, partial or complete loss, destruction or unauthorized access by third parties. Our security measures are continuously improved in line with technological developments. Furthermore, we already take the protection of personal data into account during the development and selection of hardware, software and processes in accordance with the principle of “data protection through technology” and “data protection through data protection-friendly default settings”.

Notwithstanding this, we would like to point out that data transmission over the Internet (e.g. when communicating by e-mail) may be subject to

security vulnerabilities. Complete protection against access by third parties is not possible.

When you visit our website, we use the widespread SSL/TLS method in conjunction with the highest level of encryption supported by your browser. You can tell whether an individual page of our website is transmitted in encrypted form by the closed display of the key or lock symbol in the address bar of your browser.

Changes

JOB SCHWEIZ may amend this DSE at any time. The current version published on the JOB SCHWEIZ website at www.jobschweiz.com shall apply. If you would like to find out more about the data protection provisions of JOB SCHWEIZ AG, please contact us.

This DSE was last updated on 29.12.2023.