Valid: 1 October 2020
This Privacy Statement will inform you about the type, the scope of and the purposes for the collection and use of personal data on this website.
The controller is Open Technologies B.V., registered at the Dutch Chamber of Commerce under KvK number 80127088, an online platform at www.opentalent.co and its related services (“Opentalent” or “website”).
Should you have any questions about privacy protection, feel free to contact us at any time at firstname.lastname@example.org.
- What are personal data?
- What personal data are collected when using Open Talent’s services?
- How is the collected data used, disclosed and, if applicable, transferred to third parties?
- What cookies, services, offers and third-party web tools are used?
- Is data transferred to countries outside of the EU?
- Your rights: Access, withdrawal, changes, rectification and updates, erasure, restriction of processing, data portability and the right to object
- Data protection and applicability
- Privacy statement applicability and changes
A. What are personal data?
Personal data is defined as information through which a person may be identified, i.e., that can be traced to a specific person. This includes one’s name, email address and telephone number, but also data on one’s preferences, hobbies, memberships or viewed websites.
We only collect, use or transfer personal data provided to us if permitted by law or if users consent to the data collection.
B. What personal data are collected when using Opentalent’s services?
Data collected when visiting our website
We (respectively the web space provider) collect data on every visit to our website (so-called server log files) (“access data“). Access data includes:
Name of the visited website, the file, the time and date of the visit, the amount of data transmitted, a report of successful access, your browser type and version, your operating system, the referrer URL (last visited page), IP address and the requesting provider and when using a mobile device, additionally:
Country code, language, device name, operating system name and version
We will use these access data for statistical evaluations for the operation, safety and optimization of Opentalent offers. However, we reserve the right to subsequently review access data if specific indications create justified suspicions of unlawful use. We process data on the basis of Art. 6(1) Letter c of the General Data Protection Regulation (GDPR) and Art. 6(1) Letter f of the GDPR and pursue our (and our commissioned third parties’) legitimate interests in quality assurance.
Data collected when contacting us
When contacting us (e.g., by email), your data will be saved to process your inquiry and for any subsequent questions. Furthermore, we will process your personal data to establish and maintain business contacts, and to acquire new clients. This will be done on the basis of your consent based on Art. 6(1) Letter a of the GDPR, to execute your request based on Art. 6(1) Letter b of the GDPR or based on our legitimate interest in client acquisition.
Data collected during registration
When registering on our website, the email address and password you enter will be saved. In the following registration steps, any personal data you disclose as part of the registration process will be collected and saved, e.g., “user data”. Initially this includes your name, email address, and LinkedIn profile. In order to use the network in full and allow yourself to be matched to a hiring company, we will ask you for your work experience, technical and/or soft skills, education, picture, and social network information.
At any time the user may review, change or delete (the information in) the user profile.
During each registration step, you will be asked if you would like to save the data you have entered. If you agree, your data will be saved. You may cancel this process without this data being deleted, allowing you to continue your registration at a later time without having to re-enter that data. If you do not agree, the data you entered will not be saved. If you do not complete the registration process, your data will be erased after 6 months. If you complete the process, your data will be saved until you withdraw your consent or in compliance with legal storage obligations (see also E. Your rights).
User data collected as part of the registration and other profile data will be used in the operation of Opentalent and the provision of its services and those of the website www.opentalent.co. Any user information and profile data collected by us will only be used by us insofar as doing so is specified by us in this Privacy Statement. This is done on the legal basis of Art. 6(1) Letter b of the GDPR or, if data is provided voluntarily, the user’s consent (Art. 6(1) Letter a of the GDPR).
The services provided by us after successful registration are not offered to persons under 18 years of age. Therefore, no personal information on visitors younger than 18 years of age is intentionally collected during registration.
C. How is the collected data used, disclosed and, if applicable, transferred to third parties?
Use of your data
Generally, data that you provide to us will either be used to allow us to perform our services, to answer your questions or to help us provide a better service for you. We use your data and information, among other things, for the following purposes:
- easier creation and security of your account;
- recognition as a user by our system;
- improvement of our website and services;
- client-specific design to meet your preferences;
- prevention of re-registration by blocked users;
- performance of the services requested by you;
- sending your profile to a client;
- sending a welcome email to ascertain that the email address used to register the account is yours;
- sending administrative email notifications and security, support or maintenance emails;
- answering your requests and questions;
- occasional telephone conversations with you for secondary fraud protection or to obtain feedback from you
- sending emails to registered users with contents related to our services, insofar as the user does not object.
This is done on the legal basis of Art. 6(1) Letter b of the GDPR or on the basis of our legitimate interests in quality assurance and marketing under Art. 6(1) Letter f of the GDPR.
Disclosure and transmission of your data to third parties
We will only disclose your data and user information on the website or to third parties as described hereafter or subsequently in this Privacy Statement.
Other processing, disclosure and profiling
The legal basis for data processing when using our offer is generally Art. 6(1) Letter b of the GDPR, i.e., data is processed because it is required for the performance of a contract between us or to implement pre-contractual measures following your inquiry.
Furthermore, Art. 6(1) Letter a of the GDPR provides the legal basis for the processing of data for certain purposes to which the data subject grants his or her prior consent.
Your data may be processed on the basis of Art. 6(1) Letter c of the GDPR if processing is required for the fulfillment of legal obligations to which we or other controller are subject or on the basis of Art. 6(1) Letter e of the GDPR if processing is required for the performance of a task in the public interest, the responsibility of which has been transferred to us or respectively to the controller.
In addition, if data is collected when visiting our website or if data is transmitted to our shareholders or external service providers, the legal basis for processing is Art. 6(1) Letter f of the GDPR if processing is necessary to safeguard our or a third party’s legitimate interests and if these legitimate interests are not outweighed by your interests or basic rights that require the protection of your personal data. Legitimate interests are present, e.g., if there is a relevant and appropriate relationship between you (or the data subject) and us, such as when you are our client or in our talent network.
Your data may be transferred to service providers who have been contracted for data processing, e.g. to the newsletter service provider Mailchimp to distribute our newsletter, or IT service providers to provide our website, server services and the database. Data processing agreements are concluded with service providers who are not subject to the US-EU Privacy Shield agreement.
Furthermore, please note the respective processing descriptions laid out in this Privacy Statement.
No “profiling”, i.e., automated decision-making, will be performed when using our solution. However, third-party providers featured by us may perform such profiling in individual cases. Profiling is performed on the legal basis of Art. 22 of the GDPR and is permitted for the conclusion or performance of a contract or on the basis of legal regulations.
D. What cookies, services, offers and third-party web tools are used?
Cookies are small files that allow information related to the access device of the user (PC, smartphone, etc.) to be saved on the device. They ensure user-friendliness of websites for you (e.g., by saving log-in data). They also allow statistical data on website usage to be collected so that it can be analyzed by Opentalent to offer improvement. Opentalent only stores cookies for the use of Google Analytics (see below).
General third-party websites
By clicking on a link to another website or location, you will leave our website and navigate to another website; in this case, your personal information or anonymous data may be collected by another provider. We do not monitor or review these external websites or their contents and shall not be liable for them or their contents. Please note that the regulations of these privacy protection guidelines do not apply to these external websites, their contents or to any data collected after you click on links to such external websites.
Opentalent uses “Google Analytics,” a web analysis service provided by Google Ireland Limited (“Google”), a company registered and operated under Irish law (Register Number: 368047) and based at Gordon House, Barrow Street, Dublin 4, Ireland (“Google”).
Google Analytics uses so-called “cookies,” text files saved onto your device and that allow us to analyze how Opentalent is used. The information on your use of Opentalent, e.g., your browser type/version, operating system, referrer URL (the last visited website), hostname of the accessing computer (IP address), time of the server request when using the website generated by the cookie is generally transmitted to a Google server in the US where it is saved. However, due to the activation of IP anonymization on Opentalent, IP addresses will be shortened by Google within member states of the European Union or in other states party to the European Economic Area Agreement. Only in exceptional cases will the full IP address be transferred to a Google server in the US and shortened there.
IP anonymization is activated on Opentalent. On behalf of Opentalent, Google will leverage this information to assess the use of Opentalent by its users, compile reports about website activity and to provide additional services related to Opentalent offers. If IP anonymization is not activated, data will be processed on the legal basis of Art. 6(1) Letter f of the GDPR whereby we will pursue our legitimate interests (or those of third parties commissioned by us) in quality assurance or statistical analyses of user behavior.
Your browser’s IP address that is transmitted through Google Analytics will not be merged with other Google data. You can prevent cookie storage through their browser settings. However, please note that this may prevent you from using all Opentalent functions.
Objection to Google Analytics: Furthermore, you can prevent the collection of cookie-generated data (including your IP address) on your use of the website and the processing of this data by Google by downloading and installing the browser plugin provided under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
E. Your rights: Access, withdrawal, changes, rectification and updates, erasure, restriction of processing, data portability and the right to object
You have the right to withdraw your consent for the future use, processing and transfer of your data at any time which you may exercise by contacting us at email@example.com if processing is performed on the basis on your consent.
In case of withdrawal, we will no longer process data saved on you (or the data subject) and will erase this data without undue delay. However, this does not apply if we can demonstrate reasons for the processing that override your interests, rights and freedoms or if processing is necessary for the establishment, exercise or defense of legal claims.
We will therefore continue to use this data, e.g., if it is needed for the performance of a contractual relationship.
Right to access
You have a legal right to information about the personal data saved on you at any time. To exercise this right to access, please contact us at firstname.lastname@example.org.
However, this right to access especially does not apply to data saved only because it may not be erased due to legal or statutory storage requirements or to data that is only used for data protection or data protection control purposes and where providing this information would require disproportionate effort or to processing for other purposes excluded by suitable technical and organizational measures.
Rectification and completion of data
You have the right to obtain rectification of inaccurate personal data saved on you. In consideration of the processing purposes, you also have the right to obtain completion of incomplete personal data—including through an additional statement. To exercise these rights, please contact us at email@example.com.
Erasure (“right to be forgotten”)
You have the right to erasure without undue delay of any personal data saved by us. To exercise this right, please contact us at firstname.lastname@example.org.
Please also see the following sections “Restriction of processing” and “Storage duration of personal data; storage period limitation” below.
Restriction of processing
You or the data subject have the right to restriction of processing of the personal data saved by us. To exercise this right, please contact us at email@example.com.
However, you may only exercise your right to processing restriction if the following requirements are met:
- The accuracy of the personal data is contested by the data subject for a duration that allows the controller to review the accuracy of the personal data;
- Processing is unlawful and the data subject rejects the deletion of the personal data and instead demands its restriction;
- The controller no longer needs the personal data for processing purposes, but for the establishment, exercise or defense of legal claims; or
- The data subject objects to the processing before it has been determined whether the controller’s legitimate interests outweigh those of the data subject.
If you exercise this right to restriction of processing, we will notify you accordingly before lifting the restriction.
In certain cases, processing may be restricted instead of erasing the data. See especially “Erasure (‘Right to Be Forgotten’)” above
Right to data portability
You have the right to receive the data you provided to us in a structured, commonly used and machine-readable format. To exercise this right to information, please contact us at firstname.lastname@example.org.
Furthermore, you have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, if the processing is based on consent or on a contract to which the data subject is party and if the processing is performed through automated means. When exercising your right to data portability, you have the right to have personal data transmitted directly from one controller to another if technically feasible.
However, this right does not apply if the rights and freedoms of another person will be impaired or to processing required for the performance of a task in the public interest or in the exercise of official authority vested in the controller.
Right to object
You have the right to submit a complaint to a competent supervisory authority of your choice. In the Netherlands, the competent supervisory authorities are the ‘Autoriteit Persoonsgegevens’.
Storage duration of personal data; storage period limitation
We will generally only save your personal data for as long as required for the performance of the contract or respective purposes and limit the storage duration to the absolutely necessary minimum.
In case of longer contractual relationships, such as when using our offer, these storage periods may vary, but are generally limited to the duration of the contractual relationship or to the legally required storage periods for inventory data. Storage duration criteria include whether the data is up to date, whether there is a contractual relationship with us or if an inquiry was already processed or if a process has already been completed and whether legal storage periods apply to the respective personal data.
F. Data protection and applicability
Opentalent is very concerned about the security of your personal data. We use a number of standard industry security technologies and procedures to protect your personal information from unauthorized access, use or disclosure. Principally when offering our services and especially if you enter sensitive information (e.g., account information) onto your profile, we will encrypt this information using the Secure Sockets Layer (SSL) technology.
Data of our Opentalent services will be exclusively saved and processed on servers in the European Union (EU), unless other information is provided to the user.
G. Privacy statement applicability and changes
Our Privacy Statement may be viewed on and printed from our website at any time at www.opentalent.co/privacy-policy
We may change this Privacy Statement under adherence to applicable regulations.