Privacy policy web application
The contents of this privacy policy have been translated automatically. Only the original in German has legal validity. The online version in German can be found HERE.
Updated: 1. Juli 2021
Table of contents
1. Summary
We believe that the privacy policy should be as simple and understandable as possible. You will therefore find a compact summary of our principles here. The detailed and precisely formulated conditions can be found in this document below.
We ensure the security of your data and support you in working securely with Dualoo.
In order to be found by other users in Dualoo, you agree that we may make your personal data (for example: Profile picture, first name, surname and, if available, company name and function) publicly. If you wish to share more information, this is subject to your control.
If your data is used for matching, it is anonymised. If someone wants to get in touch with you and offer you a job, for example, you give your permission before the other person finds out who you are.
We collect a lot of technical data about our users to make Dualoo better and better. We keep this technical data (e.g. IP address, …) secret and only pass it on with your express permission.
Each user is given an account in Dualoo so that they can optimally manage their data.
Dualoo’s privacy policy applies to everyone, whether private individuals or companies. Everyone has the same rules.
We comply with the Swiss Data Protection Act and the European General Data Protection Regulation and support our users in complying with the law.
We update the privacy policy from time to time.
Are there any questions or problems regarding data protection or the user agreement? Then contact us via [email protected].
This privacy policy clarifies the nature, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the associated websites, functions and content as well as external online presences, such as our social media profile. (hereinafter collectively referred to as “online offering”). With regard to the terms used, such as “processing” or “controller/provider”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
2. Responsible person / provider
Dualoo AG
Rietbergstrasse 37
CH- 9403 Goldach
Tel.: +41 71 552 14 14
Link to Impressum: https://www.dualoo.com/en/imprint
Data Protection Officer
Raphael Mösch
E-Mail: [email protected]
Entry in WebDatareg of the federal government: https://www.datareg.admin.ch/
3. Types of data processed
- Inventory data (e.g., names, addresses).
- Contact details (e.g., e-mail, telephone numbers).
- Content data (e.g., text entries, photographs, videos).
- Usage data (e.g., websites visited, interest in content, access times).
- Meta/communication data (e.g., device information, IP addresses)
4. Categories of affected persons
Visitors and users of the online offer (hereinafter we also refer to the data subjects collectively as “users”).
5. Purpose of the processing
- Your personal data will be processed as part of your application and to fill the vacancy.
- Provision of the online offer, its functions and contents.
- Answering contact enquiries and communicating with users.
- Safety measures.
- Reach measurement/marketing
6 Terminology used
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Processing” means any operation or set of operations which is performed on personal data, whether or not by automated means. The term is broad and covers practically any handling of data.
The “controller/provider” is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
7 Relevant legal bases
In accordance with Art. 13 GDPR, we inform you of the legal basis of our data processing. If the legal basis is not stated in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 GDPR, the legal basis for processing to fulfil our services and implement contractual measures and respond to enquiries is Art. 6 para. 1 lit. b GDPR, the legal basis for processing to fulfil our legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 para. 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
8. Cooperation with processors and third parties
If we disclose data to other persons and companies (processors or third parties) as part of our processing, transfer it to them or otherwise grant them access to the data, this is only done on the basis of legal authorisation (e.g. if the data is transferred to third parties, such as recruitment service providers or payment service providers, etc.), pursuant to Art. 6 para. 1 lit. b GDPR is required to fulfil a contract), you have given your consent, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when carrying out assessments, using agents, web hosts, etc.).
If we commission third parties with the processing of data on the basis of a so-called “order processing contract”, this is done on the basis of Art. 28 GDPR
9. Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of the use of third-party services or disclosure or transfer of data to third parties, this will only take place if it is done to fulfil our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual authorisations, we only process or have the data processed in a third country if the special requirements of Art. 44 et seq. GDPR are met. This means, for example, that the processing takes place on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding to the EU (e.g. for the USA and Switzerland through the “Privacy Shield”) or compliance with officially recognised special contractual obligations (so-called “standard contractual clauses”).
10. Rights of the data subjects
You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
You have accordingly. Art. 16 GDPR, you have the right to request the completion of data concerning you or the rectification of inaccurate data concerning you.
In accordance with Art. 17 GDPR, you have the right to demand that the data in question be deleted immediately or, alternatively, to demand that the processing of the data be restricted in accordance with Art. 18 GDPR.
You have the right to request to receive the data concerning you that you have provided to us in accordance with Art. 20 GDPR and to request that it be transferred to other data controllers.
In accordance with Art. 77 GDPR, you also have the right to lodge a complaint with the competent supervisory authority.
11. Right of withdrawal
You have the right to withdraw your consent in accordance with Art. 7 (3) GDPR with effect for the future.
12. Right of objection
You can object to the future processing of data concerning you at any time in accordance with Art. 21 GDPR. The objection can be made in particular against processing for direct marketing purposes.
13. Cookies and right to object to direct advertising
Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online service. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online service and closes their browser. The content of a shopping basket in an online shop or a login status, for example, can be stored in such a cookie. “Permanent” or “persistent” cookies are cookies that remain stored even after the browser is closed. For example, the login status can be saved if the user visits the website after several days. The interests of users can also be stored in such a cookie and used for reach measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the controller who operates the online service (otherwise, if they are only the controller’s cookies, they are referred to as “first-party cookies”).
We may use temporary and permanent cookies and provide information about this in our privacy policy.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by switching them off in the browser settings. Please note that you may then not be able to use all the functions of this website.
14. Deletion of data
The data processed by us will be deleted or its processing restricted in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
According to legal requirements in Germany, the retention period is 6 years in accordance with § 257 para. 1 HGB (commercial books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and 10 years in accordance with § 147 para. 1 AO (books, records, management reports, accounting documents, commercial and business letters, documents relevant for taxation, etc.).
According to legal requirements in Austria, the retention period is 7 years in accordance with § 132 para. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statement of income and expenses, etc.), 22 years in connection with real estate and 10 years for documents in connection with electronically provided services, telecommunications, radio and television services that are provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
15. Business-related processing
We also process
- Contract data (e.g., subject matter of the contract, term, customer category).
- Payment data (e.g., bank details, payment history)
from our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
16. Hosting
The hosting services used by us serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services that we use for the purpose of operating this online offering.
We, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offer on the basis of our legitimate interests in the efficient and secure provision of this online offer in accordance with Art. 6 para. 1 lit. f GDPR in conjunction with. Art. 28 GDPR (conclusion of order processing contract). The provider is obliged to take suitable precautions against data loss and to prevent unauthorised access to the user’s data by third parties. To this end, the Provider performs daily backups, checks the User’s data for viruses and installs firewalls.
The user is not authorised to transfer the storage space to a third party for use in part or in full, for a fee or free of charge. The user undertakes not to store any content on the storage space whose provision, publication and use violates applicable law or agreements with third parties.
17. Collection of access data and log files
We, or our hosting provider, collect data on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR. GDPR, we collect data about every access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
Log file information is stored for security reasons (e.g. to investigate misuse or fraud) for a maximum period of 7 days and then deleted. Data whose further storage is required for evidentiary purposes is excluded from deletion until the respective incident has been finally clarified.
18. Confidentiality of user content
The Provider undertakes to maintain the strictest confidentiality about all confidential processes of which it becomes aware in the course of the preparation, execution and fulfilment of this contract, in particular business or trade secrets of the User, and not to pass these on or exploit them in any other way. This applies to any unauthorised third parties, i.e. also to unauthorised employees of both the Provider and the User, unless the disclosure of information is necessary for the proper fulfilment of the Provider’s contractual obligations. In cases of doubt, the Provider is obliged to request the User’s consent prior to such disclosure.
The user undertakes to maintain the strictest confidentiality about all confidential personal data and processes of other users of which he/she becomes aware and not to pass them on or utilise them in any other way. This applies to any unauthorised third parties, i.e. for example also to unauthorised employees, unless the disclosure of information is necessary for proper fulfilment. In cases of doubt, the user is obliged to ask the user whose personal data he is processing for consent before such disclosure.
The Provider undertakes to agree with all employees and subcontractors employed by it in connection with the preparation, execution and fulfilment of this contract a regulation with the same content as the preceding paragraph of this contractual item.
19. Collection of anonymous data
The provider collects anonymous data from users using the software. This includes the IP address, domain and host via which the Internet is used, browser version, the current date, the address of the websites referring to the software and the time of access. To improve the user-friendliness of the platform, the actions of individual users may also be recorded anonymously during a session. This data is not assigned to specific persons. This data is not merged with other data sources. The data is also deleted after a statistical analysis.
Anonymised user data is also used by the provider to match applicants with vacancies, for example. However, data is only passed on to other users (or companies) with the consent of the user concerned.
20. Collection of personal data
The user agrees that all master data entered by him, i.e. personally assigned data, may be analysed for internal purposes. In concrete terms, this includes information about the specific user, further development of the software and analysis of user behaviour.
The provider does not pass on personal data to third parties without the express consent of the user, which can be revoked at any time.
The user grants the provider the right to make their profile picture, first name, second name and surname public. Company accounts grant the Provider the right to publish the logo/profile picture, company name, company description and location as well as contact persons. This serves the purpose of being found by other users.
Personal data is collected at the earliest when the user completes the registration form to open an account for the software, or when the written contract between the user and the provider has been concluded and the user creates his profile. Personal data includes, for example, the user’s first name and surname, contact details (such as address, telephone number, gender, date of birth, e-mail address, etc.). After registering and activating the account, the user has the option of entering further personal data in their user profile, such as the desired training occupation, interests and leisure activities, etc., depending on the type of user. The user can also upload documents such as references, certificates, apprenticeship contracts and many more.
The personal details are visible to registered and logged-in users in the software. Non-members, however, do not have access to this personal data.
If the user is a representative person of a company (e.g. contact person for incoming applications, data protection officer, etc.), the business contact details and the profile picture may be published by authorised persons in the company for a specific purpose. This may only be done with the express consent of the user concerned. The provider cannot be held liable for legal consequences if this consent has not been lawfully obtained.
Users can control access to their data and documents by configuring their privacy and settings accordingly. In principle, user data is anonymous until the user authorises the information to be shared. The user who has made the information accessible to third parties is solely and fully liable for all shared information.
21. Use of user data for marketing purposes of the provider
The Provider is authorised to name the User as a reference and to use general information about the agreed contract in a suitable manner for marketing and sales purposes.
The User agrees that the Provider may use his/her name and company logo on its website and for press releases, brochures and reports etc. by indicating that he/she is a user of the Provider.
22. Provision of contractual services
We process inventory data (e.g., names and addresses as well as contact data of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services in accordance with Art. 6 para. 1 lit. b. GDPR. GDPR. The entries marked as mandatory in online forms are required for the conclusion of the contract.
As part of the use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests as well as those of the user in protection against misuse and other unauthorised use. This data is not passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 para. 1 lit. c GDPR.
We process usage data (e.g., the websites visited on our online offering, interest in our products) and content data (e.g., entries in the contact form or user profile) for advertising purposes in a user profile, e.g., to display product information to users based on the services they have used to date.
The deletion of the data takes place after the expiry of statutory warranty and comparable obligations, the necessity of storing the data is reviewed every three years; in the case of statutory archiving obligations, the deletion takes place after their expiry. Information in any customer account remains until it is deleted.
23 Administration, financial accounting, office organisation, contact management
We process data as part of administrative tasks and the organisation of our business, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process as part of the provision of our contractual services. The processing bases are Art. 6 para. 1 lit. c. GDPR, Art. 6 para. 1 lit. f. GDPR. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in the processing lies in the administration, financial accounting, office organisation, archiving of data, i.e. tasks that serve to maintain our business activities, perform our tasks and provide our services. The deletion of data with regard to contractual services and contractual communication corresponds to the information specified in these processing activities.
We disclose or transmit data to the tax authorities, consultants, such as tax advisors or auditors, as well as other fee centres and payment service providers.
We also store information on suppliers, event organisers and other business partners on the basis of our business interests, e.g. for the purpose of contacting them at a later date. We generally store this data, most of which is company-related, permanently.
24. Business analyses and market research
In order to operate our business economically and identify market trends, customer and user requirements, we analyse the data we have on business transactions, contracts, enquiries, etc. In doing so, we process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 para. 1 lit. f. GDPR. GDPR, whereby the data subjects include customers, interested parties, business partners, visitors and users of the online offer.
The analyses are carried out for the purpose of business evaluations, marketing and market research. In doing so, we may take into account the profiles of registered users with details of their purchase transactions, for example. The analyses help us to increase user-friendliness, optimise our offer and improve business efficiency. The analyses serve us alone and are not disclosed externally, unless they are anonymous analyses with summarised values.
If these analyses or profiles are personal, they will be deleted or anonymised upon termination by the user, otherwise after two years from the conclusion of the contract. Otherwise, the overall business analyses and general trend determinations are created anonymously where possible.
25. Data protection information in the application process
We process the applicant data only for the purpose and in the context of the application process in accordance with the legal requirements. Applicant data is processed to fulfil our (pre-)contractual obligations as part of the application process within the meaning of Art. 6 para. 1 lit. b. GDPR Art. 6 para. 1 lit. f. GDPR if the data processing becomes necessary for us, e.g. in the context of legal proceedings (in Germany, § 26 BDSG also applies).
The application procedure requires applicants to provide us with their application data. If we offer an online form, the necessary applicant data is labelled, otherwise it is derived from the job descriptions and generally includes personal details, postal and contact addresses and the documents belonging to the application, such as cover letter, CV and certificates. Applicants can also voluntarily provide us with additional information.
By submitting their application to us, applicants consent to the processing of their data for the purposes of the application process in accordance with the type and scope set out in this privacy policy.
Insofar as special categories of personal data within the meaning of Art. 9 para. 1 GDPR are voluntarily communicated as part of the application process, their processing is also carried out in accordance with Art. 9 para. 2 lit. b GDPR (e.g. health data, such as severely disabled status or ethnic origin). Insofar as special categories of personal data within the meaning of Art. 9 para. 1 GDPR are requested from applicants as part of the application process, their processing is also carried out in accordance with Art. 9 para. 2 lit. a GDPR (e.g. health data if this is necessary for the exercise of the profession).
If provided, applicants can send us their applications using an online form on our website. The data is transmitted to us in encrypted form in accordance with the state of the art.
Applicants can also send us their applications by email. Please note, however, that emails are generally not sent in encrypted form and applicants must ensure that they are encrypted themselves. We therefore cannot assume any responsibility for the transmission path of the application between the sender and receipt on our server and therefore recommend using an online form or sending it by post. Instead of applying via the online form and e-mail, applicants still have the option of sending us their application by post.
The data provided by applicants may be processed by us for the purposes of the employment relationship in the event of a successful application. Otherwise, if the application for a job offer is unsuccessful, the applicant’s data will be deleted. Applicants’ data will also be deleted if an application is withdrawn, which applicants are entitled to do at any time.
Subject to a justified cancellation by the applicant, the deletion will take place after a period of six months so that we can answer any follow-up questions about the application and meet our obligations to provide evidence under the Equal Treatment Act. Invoices for any reimbursement of travel expenses are archived in accordance with tax law requirements.
26. Talent pool
As part of the application process, we offer applicants the opportunity to be included in our “talent pool” for a period of two years on the basis of consent within the meaning of Art. 6 para. 1 lit. b. and Art. 7 GDPR.
The application documents in the talent pool will only be processed in the context of future job advertisements and the search for employees and will be destroyed after the deadline at the latest. Applicants are informed that their consent to inclusion in the talent pool is voluntary, has no influence on the current application process and that they can revoke this consent at any time for the future and declare an objection within the meaning of Art. 21 GDPR.
27. Registration function
Users can optionally create a user account. As part of the registration process, users are provided with the required mandatory information. The data entered during registration will be used for the purposes of using the service. Users can be informed by e-mail about information relevant to the offer or registration, such as changes to the scope of the offer or technical circumstances. If users have cancelled their user account, their data will be deleted with regard to the user account, subject to their retention is necessary for commercial or tax law reasons in accordance with Art. 6 para. 1 lit. c GDPR. It is the responsibility of users to back up their data before the end of the contract in the event of cancellation. We are authorised to irretrievably delete all user data stored during the term of the contract.
As part of the use of our registration and login functions as well as the use of the user account, we store the IP address and the time of the respective user action. This data is stored on the basis of our legitimate interests as well as those of the user in protection against misuse and other unauthorised use. This data is not passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 para. 1 lit. c GDPR. The IP addresses are anonymised or deleted after 7 days at the latest.
28. Integration of third-party services and content
We use cookies within our online offer on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR). GDPR), we use content or service offers from third-party providers to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”).
This always presupposes that the third-party providers of this content recognise the IP address of the user, as they would not be able to send the content to their browser without the IP address. The IP address is therefore required to display this content. We endeavour to only use content whose respective providers only use the IP address to deliver the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. Pixel tags can be used to analyse information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may contain, among other things, technical information about the browser and operating system, referring websites, visit time and other information about the use of our online offer, as well as being linked to such information from other sources.
Google ReCaptcha
We integrate the function for recognising bots, e.g. for entries in online forms (“ReCaptcha”) from the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.
Intercom
Within our online offer, functions and content of the Intercom service may be used, a web analysis and chat service of Intercom Inc, 98 Battery Street, Suite 402, San Francisco, CA 94111, USA (“Intercom”) for the statistical evaluation of the use of this website by visitors. Intercom logs page views and the page activities of users. This data is used to create anonymous user profiles, which form the basis of web statistics. Further information on data protection can be found in Intercom’s privacy policy at https://www.intercom.com/legal/privacy.
Intercom is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European and Swiss data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000TNQvAAO&status=Active ).
Created with Datenschutz-Generator.de by RA Dr Thomas Schwenke and adapted by the website owner.
