This Agreement regulates the relations between Talent Scan LLC (TSP) as a Personal Data Processor and Subscriber as a Personal Data Controller related to the use of services provided by the TSP.
The following definitions (terms) are used in this Agreement:
Personal data means any personal information allowing a third party to identify a natural person (data subject).
Identifiable natural person means one who can be identified, directly or indirectly, in particular, by reference to an identifier (such as, a name, surname, document number, or any other identifier), or through analysis of several factors specific to the physical, genetic, mental, economic, cultural or another identity of that natural person.
Personal data subject means a natural person to whom personal data are related, and who can be identified by means of such personal data, or who has been identified.
Personal data controller means a natural or legal person which determines the purposes and means of the processing of personal data, and bears the primary responsibility for their processing. Personal data controller is an “owner of personal data” under the terms of the Ukrainian legislation.
Personal data processor means a natural or legal person which based on the controller’s instructions (directives, orders) processes personal data for the controller. Personal data processor is an “administrator of personal data” under the terms of the Ukrainian legislation.
Personal data processing means any operation or set of operations performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, alteration, adjustment, retrieval, use, dissemination or otherwise making available to third parties, including, staff of the personal data controller or processor, or destruction.
Legislation governing this Agreement (hereinafter – Applicable Law):
- General Data Protection Regulation (EU) 2016/679 (“GDPR”) and other application European laws – when collecting and processing personal data of persons located in the territory of the EU and EU citizens.
- The Law of Ukraine on Personal Data Protection as of 1 June 2010 and other application Ukrainian laws – when collecting and processing personal data of citizens of Ukraine.
Statement of the Recruiter:
Since TSP services allow the Recruiter independently (without TSP participation) to post on the website https://app.talentscan.pro or https://beta.talentscan.pro the personal data of the «Personal data subject» (hereinafter referred to as Subject), the collection and processing of which is possible only in strict accordance with the legal requirements, the Recruiter guarantees that:
- the personal data of the Subject were obtained by the Recruiter in strict accordance with the applicable law
- The Recruiter acquainted the Subject with his rights provided for by applicable law
- The Recruiter has all the necessary permissions and authority to transfer to third parties, including TSP, personal data of the Subject for processing
- The Recruiter is solely responsible for the correctness of the Subject`s personal data, which he posted on the TSP website
- By installing the Chrome browser plugin Recruiter confirms that the action on the transfer of personal data of the Subject to the TSP services are carried out on his behalf
- The Recruiter agrees that TSP have the right to combine duplicates of personal data of the Subjects (profiles), if any already exist in its services, update profiles, as well as any other data processing
- The Recruiter is notified that he has the right and the technical ability to remove personal data (profile) of the Subject, If the need for such data is no longer necessary or if the Subject demanded their removal
4.Statement of TSP:
- a) TSP is not responsible for the correctness of the personal data of the Subject which were posted on the TSP website by the Recruiter
- b) TSP undertakes to take all necessary measures to ensure the security of the personal data of the Subject from unauthorized access. To ensure data security, TSP uses cloud services from Amazon Web Services, which have the necessary levels of protection that can keep personal data confidential.
- c) TSP have implemented various technical and organizational measures to protect personal data against unauthorized or unlawful processing and against accidental loss, destruction or damage
- d) in case of unauthorized access or loss of personal data, TSP will immediately notify the Recruiter and other interested parties, including authorized bodies, and also will take all possible actions to minimize damage from such losses
- a) The Parties shall be liable in accordance with applicable legislation.
- b) TSP under no circumstances is responsible for illegal actions of the Recruiter, if he placed the personal data of the subject without consent, placed deliberately false information or committed other violations of applicable laws.
- c) In the case of claims, lawsuits or imposition of penalties by the Subjects or authorized bodies on TSP, the Recruiter is obliged to participate in their resolution on the TSP side, as well as to reimburse all losses incurred in connection therewith.
Accepting the terms of this Agreement, the Recruiter confirms that he is acquainted and agrees with its content.