Privacy Policy
Effective May 25 2018

OUR APPROACH TO PRIVACY?

Clinch Technology Limited (“Clinch”, “we”, “us”, “our”) know that our users and customers (“you”, “your”) care about how your personal data is used and shared and we take your privacy seriously. We are focused on protecting your personal data and doing the right thing by you in terms of your privacy rights.

1. WHAT DOES THIS PRIVACY POLICY COVER?c

This Privacy Policy sets out how we collect, process, disclose or otherwise use Personal Data in connection with our website www.clinchtalent.com (“Website”) and the Clinch services (“Services”).

This policy does not apply to the practices and processing of our Customers, to companies that we do not own or control, to individuals that we do not employ or manage, or to services provided by other companies but accessible through our Website.

“Personal Data” as used in this Privacy Policy has the meaning given to it in the General Data Protection Regulation (EU) 2016/679 (“GDPR”), which as at the effective date above means information relating to an identified or identifiable natural person; 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 or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

We process Personal Data when you are accessing or using our Website or Services as a non-registered user (“User”) or as our registered customer (“Customer”). Our Services are accessible to you after you have signed up on our Website and have logged on as Customer to your Clinch Account.

If you are a Customer and we have entered into an Enterprise Agreement with you (your organization) that contains clauses regarding the use and/or processing of Personal Data, this Privacy Policy shall govern the treatment of Personal Data only if the Enterprise Agreement does not contain any relevant provision. In the event of any conflict between the terms of this Privacy Policy and the Enterprise Agreement, the Enterprise Agreement shall prevail.

2. WHAT INFORMATION DOES CLINCH COLLECT?

We gather Personal Data, if and to the extent it is necessary to provide our Services to you, and if we are entitled or obligated to process Personal Data under applicable law. Set out below in this Section 3 are the categories of Personal Data that we use and the purposes for which we use them. The categories of companies or persons who may receive Personal Data are set out Section 5 below.

2.1. Information You Provide to Us:

Your Personal Data: We process Personal Data you actively and knowingly provide to us. For example, we collect Personal Data such as your name and email address if you sign up for a newsletter or you request a demo of our services.

If you sign up for our Services, some information is mandatory to create an individual Clinch Account. The same applies if you would like to use a specific feature within our Services. We will inform you which information is mandatory in each single case so that you can choose to use the respective Service or not. If you choose not to provide us with certain information, you may not be able to register with us or to take advantage of some of our features.

Your Candidates’ Personal Data: In order to provide you with our Services, we also process Personal Data you choose to provide us with respect to your candidates, potential job applicants, members of your talent network and other prospective employees (collectively the “Candidates”). The Candidates’ Personal Data (“Candidate Information”) that we typically process includes the names and email addresses of your Candidates, but will also include any other information you or the Candidates choose to provide us with (which must only be provided in compliance with applicable law).

Sensitive Data: We do not knowingly process information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation (collectively, “Sensitive Information”). If you ask Candidates for Sensitive Information or they reveal any Sensitive Information to you through our Services, you must ensure that you remain compliant with all applicable laws including (but not limited to) ensuring that you obtain prior consent in relation to the collection and processing of Sensitive Information.

Anonymized Information: We may also anonymize Personal Data so that no natural person can be individually identified anymore. We use that anonymized and/or aggregated information for our own purposes or provide that information to our partners for visitor statistics and analysis of our Website, Services and our partners services.

2.2. Information Collected Automatically:

Whenever you interact with our Website or Services, we – or service providers commissioned by and processing data on behalf of us – automatically process information on server logs by using so-called “browser cookies” or similar technical means. These technical means are either transferred to or communicate with your computer or mobile device to remember that you have registered and are logged in to your Clinch Account, or to recognize the browser or mobile device and tell us how and when pages on our Website are visited.

Log Data: When you visit the Website, whether as a Customer or a non-registered User just browsing, our servers automatically record information about the browser or mobile app with which our Website is opened (“Log Data”). Log Data includes computer’s/mobile’s browser type, the requested webpage of our Website or feature of our Service, webpages visited before our Website, the time spent on those pages or features, subjects of searches on our Website and Services, access times and dates, and other related statistics.

Analytics and Monitoring: We use this Log Data to monitor and analyse the use of the Website and the Services and for the Website’s technical administration, to increase our Website’s functionality and user-friendliness, and to better tailor it to our visitors’ needs. Additionally, we use Log Data including your IP address for security purposes like whitelisting, and prevention and recognition of attacks and malware.

Analytics on Our Customers’ Websites: Additionally, as part of our provision of the Services to you, if you install certain software code provided by us on your website, we will also process Log Data generated by this integration on our Customer’s website to anonymously monitor and analyse the use of our Services on that website, and for the respective technical administration, to increase our Service’s functionality and user-friendliness, and to better tailor it to your visitors’ needs.

Prevent or Opt-out: In any case, you are able to change the preferences on your browser or mobile device to prevent or limit your computer or device’s acceptance of these technical means, but this may prevent you from taking advantage of some of our Website’s or Service’s features.

If you click on any link to a third-party website, such third party may also transmit cookies to you. This Privacy Policy does not cover the use of cookies by any third parties.

2.3. Email and Other Communications:

We may contact you by email or by other means. For example, we may communicate with you about your use of the Website or Services. If you do not want to receive email or other communications from us please follow the instructions we provide to you in each of our emails.

3. WHERE DO WE STORE YOUR PERSONAL DATA?

We process and store information (including Personal Data) about our Users and Customers in Germany and the United States of America.

As a Customer, your Enterprise Agreement will include specific terms in relation to data protection. Additionally, in the event of data processing on behalf of our Customers, a data processing agreement (or similar) will also be entered into.

4. WILL CLINCH SHARE ANY OF THE PERSONAL DATA IT RECEIVES?

We neither rent nor sell your Personal Data or your Candidates’ Information in personally identifiable form to anyone. However, we may share such Personal Data with third parties as described below.

4.1. Trusted Third Parties:

We employ other companies and people to either perform tasks on our behalf or to provide specific features to you on your request. Unless we tell you otherwise, such third parties do not have any right to use the Personal Data we share with them beyond what is necessary to assist us. This includes third party companies and individuals employed by us to facilitate our Services, including the provision of maintenance services, database management, web analytics and general improvement of the Services. We note that we may be subject to liability for sharing information to third parties in a manner inconsistent with our promises or the Privacy Shield Principles.

4.2. Protection of Clinch and Others:

We may be compelled to access, read, preserve and/or disclose any information to (i) comply with applicable law or a court order; (ii) enforce or apply our Website Terms of Use, Enterprise Agreement or other agreements with you in our sole discretion; or (iii) protect the rights, property, or safety of Clinch, our employees, our users, or others in our sole discretion. We may send information to fraud protection and credit risk reduction agencies, but only in a manner limited to and consistent with that specific purpose.

4.3. With your Consent:

Except as set forth above, you will be notified when your Personal Data may be shared with third parties and will be able to object to the sharing of this information. Please take note: Our Website offers publicly accessible blogs and community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.

5. IS THE PERSONAL DATA SECURE?

We take appropriate and reasonable precautions to protect Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction. You can find details concerning our security measures (such as encryption) in our Security Policy.

6. WHAT RIGHTS DO I HAVE?

In relation to your Personal Data, you always have the following rights to the extent available under applicable law:

• Right to get transparent information about processing of your Personal Data;
• Right to get access to your Personal Data;
• Right to rectify inaccurate Personal Data concerning you and to get information about any rectification;
• Right to erase Personal Data concerning you and to get information about any erasure;
• Right to restrict processing of Personal Data concerning you and to get information about any restriction;
• Right to receive Personal Data you provided to us and which concerns you and transmit this received Personal information to another provider;
• Right to object to any data processing that is based on our legitimate interest;
• Right not to be subject of a decision solely based on automated processing including profiling.

We will retain your information for as long as your Clinch Account is active or as reasonably necessary to provide you with the Services (and there may be specific terms in any applicable Enterprise Agreement which deal specifically with our data retention obligations).

You may request deletion of your Personal Data by contacting us at privacy@clinchtalent.com. Please note that some information may remain in our private records after your deletion of such information from your account (only if and to the extent permitted by applicable law). We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We may use any aggregated and anonymized data derived from or incorporating your Personal Data after you update or delete it, but not in a manner that would identify you personally.

To request removal of your Personal Data from our blog or community forum, contact us at privacy@clinchtalent.com or follow the instructions provided in the email communication you received.

7. CHANGES TO THIS PRIVACY POLICY

We may amend this Privacy Policy from time to time and provide the new information to you on our Website. You are bound by any changes to the Privacy Policy when you use the Website after such changes have been first posted.

If we make material changes in the way that we must obtain or renew your active prior consent for processing your Personal Data, we will notify you by sending you an email prior to the change becoming effective. If you don’t agree to the changes you may not be able to use the features or services that are related to this consent.

8. OUR COMMITMENT TO PRIVACY

We have established internal processes to ensure and monitor our compliance with this Privacy Policy and all applicable privacy laws. Additionally, we value the concepts of privacy by design and default, and support any Customer in fulfilling their obligations under applicable privacy laws.

We also have a Data Protection Officer who we involve in all privacy related topics and respective privacy risk assessments. If you have any questions or comments about this Privacy Policy or how we process Personal Data, please feel free to contact our Data Protection Officer at privacy@clinchtalent.com

9. CONCERNS AND RESOLUTION

Clinch commits to resolve complaints about your privacy and our collection or use of your Personal Data promptly. European Union individuals with inquiries or complaints regarding this Privacy Policy should first contact Clinch at privacy@clinchtalent.com or send a letter (preferably by tracked registered post to ensure delivery confirmation) to:

Attn: Data Protection Officer Clinch Technology Limited WeWork Block D, Iveagh Court, Harcourt Street, Dublin 2, Ireland