Privacy Notice.

This Privacy Policy explains what we do with your personal data, whether we are in the process of introducing ourselves to you, helping you to find a job, continuing our relationship with you once we have found you a role, providing you with a service, receiving a service from you, using your data to ask for your assistance in relation to one of our Candidates, or you are visiting our website.

It describes how we collect, use and process your personal data, and how, in doing so, we comply with our legal obligations to you. Your privacy is important to us, and we are committed to protecting and safeguarding your data privacy rights.

This Privacy Policy applies to the personal data of our Website Users, Temporary Workers, Prospective Candidates, Candidates, Clients, Suppliers, and other people whom we will contact in order to find out more about our Candidates or whom they indicate is an emergency contact.

I. Processor Details
Melita Gaupp, Digital & Creative Recruitment Agency (hereinafter “we” or “us”) is the responsible party for the processing of personal data collected through your use of our website www.melitagaupp.ch as per the applicable data protection laws, in particular the Swiss Data Protection Act (DPA) and – if applicable to your personal data – the European General Data Protection Regulation (GDPR). We have our registered domicile at Dorfstrasse 42, 8802 Kilchberg, Switzerland. You can direct any queries you have regarding your personal data to Melita Gaupp, +41 78 841 8107 or hello@scoutandsource.com

II. How we process your personal data

1. Scope We only process your personal data if this is necessary to provide a functional website or to provide you with our contents and services. The processing of personal data only takes place after we have obtained your prior consent or when the processing of your personal data is permitted by law.

2. Legal Basis for Processing under GDPR Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a GDPR serves as the legal basis.If the processing of personal data required for the performance of a contract to which you are a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual services or measures.Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6 para 1 li. d GDPR serves as the legal basis.If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f GDRP serves as the legal basis.

3. Duration of Processing We only store your personal data for as long as necessary to serve the purpose of the processing and we delete personal data or block access to it as soon as such purpose ceases to apply.
Furthermore, personal data may be stored if this has been provided for by the applicable law (for example for book keeping or mandatory archiving purposes). The data will also be blocked or deleted if a storage period prescribed by the applicable law expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.

III. Website Access and Logfiles

1. Automated Data Processing Every time you visit our website, our system automatically collects data and information about the computer system you used to access our website.
The following data is collected:
(1) browserinformation (type and version)
(2) operating system
(3) your internet service provider
(4) your IP address
(5) date and time of access
(6) websites from which your system reaches our website
(7) websites accessed by the user’s system via our website
The data is also stored in the log files of our system. This data is not stored together with your other personal data. The legal basis for the temporary storage of data and log files is our legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR.

2. Purpose of Processing The data is stored in log files to ensure the functionality of the website. In addition, the data serves us to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context. These purposes are our legitimate interest in data processing pursuant to Art. 6 para. 1 lit. f GDPR.

3. Duration of Processing The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended. If the data is stored in log files, deletion occurs after seven days at the latest. Further storage is possible. In this case, the IP addresses of the users are deleted or anonymized.

IV. Cookies

a) General Information Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. If a user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic character string that enables a unique identification of the browser when the website is accessed again.
We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change. The following data is stored and transmitted in the cookies:
(1) language settings
(2) others
We also use cookies on our website which enable an analysis of your surfing behaviour. The following data can be transmitted in this context:
(1) search terms
(2) frequency of page hits
(3) use of website functions
The data collected in this way is pseudonymised by technical means. Therefore, it is no longer possible to assign the data to you. The data will not be stored together with your other personal data.
When you visit our website, an information banner informs you about the use of cookies for analytical purposes and refers you to this Privacy Notice. In this context, there is also a note on how the storage of cookies can be prevented in the browser settings.
b) Legal Basis
Our legitimate interests pursuant to Art. 6 para. 1 lit. f GDRP serves as the legal basis.
c) Purpose of Processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For this it is necessary that the browser is recognized even after a page change.
These purposes are covered by our legitimate interests as per Art. 6 Abs. 1 lit. f GDPR.
e) Duration / Objection
Cookies are stored on your computer and transmitted to our site. Therefore, you as a user also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.

V. CV Upload

You may send us your CV via email. The data is transmitted to us and saved. We only pass on this information to the person(s) responsible for human resources management or person(s) responsible for hiring upon first having asked for your specific consent.

Furthermore, the following data is collected during the uploading process:
(1) your IP address
(2) date and time of upload When using the CV upload function, you agree to our processing the data subject to this Privacy Notice. Legal basis for the processing is your consent pursuant to Art. 6 para. 1 lit. a GDPR and our contractual obligation pursuant to Art. 6 para. 1 lit. b GDPR.

We will store the data transmitted via the CV upload for as long as necessary to provide our services to you.

VI. Contact / E-Mail

There is a contact form on our website which you can use to contact us. If you do so, the data entered in the input mask will be transmitted to us and stored. This data is:
(1) your name
(2) your e-mail address
(3) data you put in the message box
Further we collect the following data in this context:
(1) your IP address
(2) date and time of use of contact form
Your consent is obtained for the processing of the data and reference is made to this Privacy Notice.

Alternatively you may contact us via the e-mail address published on our website. In this case any personal data transmitted in your e-mail will be processed accordingly. Your personal data will not be forwarded to any third party without your prior consent.

Legal basis for the processing is your consent as per Art. 6 para. 1 lit. a GDPR and our contractual obligations as per Art. 6 para. 1 lit. b GDPR.

The processing of the personal data serves the purpose of establishing and maintaining contact. In the event of contact by e-mail, this also constitutes the necessary legitimate interest in the processing of the data. The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems. We will delete your personal data as soon as they are no longer required for such purpose. You may ask us at any time by e-mail or letter to no longer use such personal data and request their deletion.

VII. Third Party Processors

Our website is hosted with Metanet AG. The information collected through the use of our website is hosted on servers located in Switzerland. For more information visit Metanet’s Privacy Policy available at https://www.metanet.ch/about_metanet/rechtliches.

We use Zoho Recruit, to assist with our recruitment process. We use it to process personal information as a data processor on our behalf. Zoho Recruit is only entitled to process your personal data in accordance with our instructions. To view their privacy notice visit https://www.zoho.com/privacy.

Within the scope of application of the GDPR, the aforementioned service providers are employed on the basis of our legitimate interests pursuant to Art. 6 para. 1 letter f GDPR and the processing is subject to a processing contract pursuant to Art. 28 para. 3 sentence 1 GDPR.
VIII. Your Rights You have the following rights under the applicable data protection laws:
1. Right of Information
You can request us to confirm whether personal data concerning you is being processed by us.
If such processing has taken place, you can request the following information from us:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or are still being disclosed;
(4) the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
(5) the existence of a right to rectification or deletion of personal data concerning you, a right to limitation of processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) any available information on the origin of the data if the personal data are not collected from the data subject;
(8) the existence of automated decision-making including profiling in accordance with Art. 22 para. 1 and 4 GDPR and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transmission.

2. Right to Rectification You have a right of rectification and/or completion if the personal data processed concerning you are incorrect or incomplete. We shall make the correction without delay.

3. Right of Restriction Under the following conditions, you may request that the processing of your personal data be restricted if:
(1) you dispute the accuracy of the personal data concerning you for a period that enables us to verify the accuracy of the personal data;
(2) the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
(3) we no longer need the personal data for the purposes of the processing, but you do need them to assert, exercise or defend legal claims, or
(4) you have filed an objection to the processing pursuant to Art. 21 para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the person responsible outweigh your reasons.
If the processing of personal data concerning you has been restricted, such data may only be processed – apart from being stored – with your consent or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person or on grounds of an important public interest.

4. Right to Deletion
a) Obligation to Delete Personal Data You may request us to delete the personal data relating to you without delay and we are obliged to delete this data without delay if one of the following reasons applies:
(1) the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed;
(2) you revoke your consent, on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR, and there is no other legal basis for the processing;
(3) you file an objection against the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you file an objection against the processing pursuant to Art. 21 para. 2 GDPR;
(4) the personal data concerning you have been processed unlawfully;
(5) the deletion of personal data relating to you is necessary to fulfil a legal obligation to which we are subject;
(6) the personal data concerning you were collected in relation to information society services offered pursuant to Art. 8 para. 1 GDPR.
If we have made your personal data public and are obliged to delete it pursuant to Art. 17 para. 1 GDPR, we shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other parties processing that data of your deletion request.
b) Exceptions
The right to deletion does not exist insofar as the processing is necessary
(1) to exercise freedom of expression and information;
(2) for the performance of a legal obligation required for processing under the applicable law or for the performance of a task in the public interest or in the exercise of official authority conferred on the controller;
(3) for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, insofar as the right mentioned under a) is likely to make it impossible or seriously impair the attainment of the objectives of such processing, or
(5) to assert, exercise or defend legal claims.

5. Right to Notification If you have exercised your right to have us correct, delete or limit the processing, we are obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction on processing, unless this proves impossible or involves a disproportionate effort.

6. Data Portability You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format. In addition, you have the right to pass this data on to another person in charge without obstruction by us, provided that:
(1) processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
(2) processing is carried out by means of automated methods.
In exercising this right, you also have the right to request that the personal data concerning you be transferred directly from us to another data controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

7. Right to Objection You have the right to object at any time, for reasons arising from your particular situation, to the processing of your personal data based on Article 6(1)(e) or (f) GDPR; this also applies to profiling based on these provisions.
In such case we shall no longer process the personal data concerning you, unless we can prove compelling reasons worthy of protection for the processing, which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

8. Right to Withdraw Consent You have the right to revoke your declaration of consent at any time. The revocation of consent shall not affect the legality of the processing carried out on the basis of the consent until revocation.

9. Right of Appeal to Supervisory Authority Without prejudice to any other administrative or judicial remedy, you have the right of appeal to a supervisory authority, if you believe that the processing of personal data concerning you is contrary to the applicable law.