Last updated and effective as of 11th February 2020.

1. General

For Skeeled, the protection of your privacy is a primary concern. Based on Skeeled’s existing contractual relations with the Recruiter, Skeeled is required to process your Personal Data on behalf of the Recruiter depending on the Recruiter’s choices (in particular which information shall be collected and which questions shall be asked). Skeeled HR S.à.r.l., a private limited liability company (société à responsabilité limitée) incorporated under the laws of Luxembourg and registered with the Luxembourg Trade Register (Registre de Commerce et des Sociétés de Luxembourg) under number B207903, whose registered office is at 19A rue de la reconnaissance nationale, L-4936 Bascharage, shall also be the controller for some of the processing of Personal Data.

The Touring Club Suisse (hereinafter referred to as TCS or the Recruiter) is an association with its registered office in Geneva, chemin de Blandonnet 4, 1214 Vernier (Switzerland), registered in the Commercial Register of the Canton of Geneva under the number CHE-105.819.195. The TCS assumes the role of recruiter/controller for the processing of applications sent to it by applicants.

2. Scope

Notwithstanding their respective obligations under applicable data protection legislation, Skeeled shall assist the Recruiter for the fulfilment of the Recruiter’s obligation to provide you with information on the processing of your Personal Data when using the Skeeled Services and respond, if applicable, to requests for exercising your data subject rights. This Privacy Policy shall apply to the processing, including the collection, use, retention, disclosure, of your Personal Data by (i) Skeeled on behalf of the Recruiter or (ii) Skeeled as controller.

3. Definitions & interpretation

For the purpose of this Privacy Policy the definitions of the Skeeled Terms of Use shall apply.

In this Privacy Policy, unless the context otherwise requires:

1. a reference to a document is a reference to that document as modified or replaced from time to time;
2. a reference to a person shall include any natural person, company, corporation or any other corporate body wherever incorporated;
3. words importing the singular shall be treated as importing the plural and vice-versa;
4. any heading, caption or section title contained in this Privacy Policy is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

4. Controller & Processor

In principle, Skeeled processes your Personal Data on behalf of the Recruiter as set forth by the contractual arrangements concluded between Skeeled and the Recruiter.

As a consequence, the Recruiter – acting in its capacity as controller – determines the purpose and the means of the processing of your Personal Data. Skeeled – acting in its capacity as processor (unless expressly stipulated otherwise) – processes your Personal Data only on behalf of the Recruiter.

Skeeled shall also process your Personal Data for its own purposes. In this event, Skeeled shall be considered as controller.

5. Data protection

Skeeled has designated a data protection officer with a view to inform and advise Skeeled on how to protect your privacy. The data protection officer can be contacted as follows:

Phone: 00352 20 40 46 65
Email: gdprskldcm

6. Categories of Personal Data collected and processed

6.1. Categories of Personal Data collected directly from you
For any access or use of the Skeeled Services, Skeeled collects from you, on behalf of the Recruiter or as a controller for its own purposes, amongst others, the following categories of Personal Data:

1. your contact information, such as name, home address, email address, telephone and/or mobile phone number;
2. identity verification information;
3. information on your educational background (e.g. academic titles, diplomas, schools and universities attended, skills and merits related) and professional records (e.g. professional experience, duration of previous job contracts, previous position titles, practice areas, assessments established by your previous employers);
4. information on your skills which may be relevant for the Recruiter (e.g. possession of a valid driving license or extra skills, the value and usefulness of which should be emphasised during the recruitment process such as your linguistic competences, whether oral or written);
5. information on your personal situation (e.g. information on gender, date of birth, nationality, private address, civil status, parenthood, profile pictures);
6. other information required by the Recruiter to be submitted by you during the personality test evaluation process, such as information contained in your answers to questions chosen and asked by the Recruiter;
7. information contained in your self-recorded videos (e.g. sound and images);
8. browser and device information (e.g. device type, operating system name and version, Internet browser type and version);
9. connection (including location) information, such as IP addresses (a number that is assigned to the device that you use to access the Internet): Skeeled automatically logs IP addresses in its server log files whenever you access or use Skeeled, along with the time of your visit and the page(s) that you visited;
10. information about how you use the Skeeled Services (e.g. date and time your device connects with Skeeled’s servers, what information and files you have uploaded, saved, accessed, rectified, or otherwise modified, the features you use, your search queries and the amount of data you submit);
11. personal messages and comments you submit on a voluntary basis (e.g. reviews on the application process) or provided by you when raising questions or introducing complaints.

In addition to the foregoing, you may also be required to provide additional Personal Data when you, amongst others, require support, send Skeeled information for troubleshooting or other analysis, participate in a survey or other promotional activities, or solicit any other communication from Skeeled or the Recruiter.

Please also note that Skeeled may - in the course of the processing of your Personal Data on behalf of the Recruiter - also be obliged to collect and process additional Personal Data relating to you.

6.2. Categories of Personal Data collected from other sources
In addition to the Personal Data Skeeled collects directly from you, Skeeled may also collect Personal Data relating to you from other sources.

The Categories of Personal Data not directly collected from you may at least include the categories of Personal Data which may be collected directly from you (as set forth in point 6.1. of this Privacy Policy).
The Categories of Personal Data not directly collected from you stem from the following sources:

1. publicly available sources, such as LinkedIn or other sources from the Internet;
2. public databases;
3. joint marketing partners;
4. social media platforms;
5. conference hosts;
6. event companies and other third parties

6.3. Use of cookies and similar technology
Skeeled may use cookies.

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work or work more efficiently, as well as to provide information to the owners of the site.

Cookies are typically stored on your computer's hard drive. Information collected from cookies is used by Skeeled to analyse trends, to administer the Skeeled Services and to evaluate their effectiveness. With this knowledge, Skeeled can provide you with a more personalised experience when using the Skeeled Services and Skeeled can improve the quality of such experience by recognising and delivering more of the most desired features and information and by resolving access difficulties. Skeeled may also use cookies and/or a technology known as web bugs or clear gifs, which are typically stored in emails to help Skeeled confirm your receipt of, and response to, its emails.

The service providers of Skeeled may also place cookies on the hard drive of your device with a view to receive information that will educate Skeeled and the Skeeled service providers on different aspects, such as how you navigate on the Skeeled Services. Skeeled’s service providers may analyse this data with a view to allow Skeeled to better understand your interests in the Skeeled Services and to better serve those interests.

Please note that data collected by use of cookies or similar technologies may be linked to and combined with any other data, including Personal Data, relating to you that Skeeled processes.

You can choose to deactivate cookies. However, in such circumstances, you will not be able to use parts of the Skeeled Services which require cookies to be active.

6.4. Possible consequences of a refusal to provide Personal Data via Skeeled
Please note that if you do not provide all Personal Data requested during the application process, Skeeled may not be able to provide the Recruiter with all the information required by the Recruiter during the application process.

The refusal to provide the information requested by the Recruiter via Skeeled during the application process, may thus prevent you from using Skeeled Services and may thus negatively influence the outcome of your Application and may even lead to its refusal.

7. The purposes of the processing

Skeeled processes your Personal Data, on behalf of the Recruiter or as a controller for its own purposes, for various purposes, namely:

1. to complete, fulfil and process your Application, including any subsequent stages of the recruitment process;
2. to communicate with you and to provide you with any service related to your Application;
3. to fulfil identity verifications;
4. to respond to your inquiries and support needs and to fulfil or comply with any other request you may have;
5. to provide you with the Skeeled Services, including any updates;
6. to allow you to manage your Application;
7. to send you administrative information, such as information concerning changes to the Policies or any other legally binding document governing your use of the Skeeled Services, announcements or any information relating to any internship or any job position advertised by the Recruiter or other announcements regarding the Skeeled Services;
8. if necessary or appropriate:
   1. to meet or comply with any applicable rules, laws, regulations, codes of practice or guidelines issued by any legal or regulatory bodies which are applicable to the Skeeled Services (including but not limited to responding to regulatory complaints, disclosing to regulatory bodies and conducting audit checks, due diligence and investigations);
   2. to respond to requests from public and government authorities, including public and government authorities outside your country of residence;
   3. to enforce the Policies;
   4. to protect the Recruiter and Skeeled as well as their operations or those of their service providers;
   5. to protect the rights, privacy, safety and property of the Recruiter and Skeeled as well as their service providers, you, or others;
   6. to allow the Recruiter and Skeeled to pursue available remedies or limit the damages that the Recruiter and Skeeled or their service providers may sustain;
9. to test, assess, or otherwise evaluate the effectiveness of the technical and organisational measures (e.g. ensuring the security of the processing of your Personal Data) put into place by the Recruiter, Skeeled or Skeeled’s processors, or to give effect to such measures;
10. to ensure that the Skeeled Services are functioning properly;
11. to personalise your experience by presenting content tailored to your interests;
12. to allow you to participate in usability studies, surveys and product tests;
13. for the Recruiter’s or Skeeled’s business purposes, such as performing data analysis and audits, improving or developing new features or services relating to the Skeeled Services;
14. to track user movement;
15. for statistical or scientific research purposes;
16. to develop new features to the Skeeled Services or other products;
17. to prevent any unauthorized or fraudulent use of the Skeeled Services;
18. to prevent, detect and investigate crime and analyse and manage commercial risks and conducting investigations relating to disputes, billing or fraud;
19. to investigate or report actual or potential violations of the Policies or any other suspected illegal activity.
20. to respond to a verified request relating to a criminal investigation (e.g. subpoena, court order or substantially similar legal procedure) or alleged illegal activity or any other activity that may expose the Recruiter, Skeeled, any of their service providers, or you to any legal proceeding or legal liability;
21. to prevent physical harm or financial loss or any other risk for the Recruiter, Skeeled, any of their service providers, you or any other individual intervening in the provision of the Skeeled Services;
22. to prevent any data breach or circumvention of the security measures or to mitigate their possible adverse effects;
23. for troubleshooting purposes;
24. for marketing purposes;
25. in connection with any claims, actions or proceedings (including but not limited to drafting and reviewing documents, transaction documentation, obtaining legal advice, and facilitating dispute resolution), and/or protecting and enforcing contractual and legal rights and obligations of the Recruiter or Skeeled;
26. to conduct any other activities that are required to provide the Skeeled Services or other services offered by the Recruiter or Skeeled;

8. Legal bases allowing for the processing of your Personal Data

8.1. The collection and processing of your Personal Data in relation to the Skeeled Services is lawful as you have, prior to any collection or any processing of your Personal Data, given your explicit consent to the processing of your Personal Data for the purposes outlined in this Privacy Policy.

8.2. The collection and processing of your Personal Data in relation to the Skeeled Services is also lawful as it is necessary in order to take steps, at your request, prior to entering into a contract with the Recruiter.

8.3. The processing of your Personal Data in relation to the Skeeled Services is also lawful as it is necessary for the purposes of the legitimate interests pursued by the Recruiter and by Skeeled.

Skeeled’s commercial activity consists in providing its clients (i.e. the Recruiter) - by means of a software - with the possibility to determine which candidates are suited for a job or traineeship position. The processing of your Personal Data constitutes thus a necessary ancillary to Skeeled’s activities allowing Skeeled to commercialise its products and services.

The legitimate interest of the Recruiter consists in making a well-informed decision on which person to hire for a certain traineeship or job position.

The legitimate interests of, both, the Recruiter as well as Skeeled are not overridden by your interests or fundamental rights and freedoms. Rather, the processing of your Personal Data also allows to best serve your interests, namely to present you and your job or traineeship application in the best possible manner to the Recruiter.

9. Conditions applying to your consent

Please note that you have, at any time, the right to withdraw your consent. The withdrawal of your consent shall however not affect the lawfulness of processing based on your consent before its withdrawal.

In the event a Recruiter would allow for Applications to be made by persons below the age of fifteen (15) years, the processing of your Personal Data will, in accordance with applicable data protection legislation, only be lawful on the basis of your consent if and to the extent that such consent to the processing is also given or authorised by a holder of parental responsibility over you.

If you are younger than fifteen (15) years, Skeeled will thus inform the Recruiter of your age in order to allow for the verification that a holder of parental responsibility over you is also consenting or giving his or her authorisation to the processing of your Personal Data as set out in this Privacy Policy.

10. Your data protection rights

10.1. General
To exercise your data protection rights outlined in this section, you can (i) either contact Skeeled by sending an email to gdprskldcm or (ii) contact the Recruiter.

Please make clear in your request which Personal Data you would like to access or would like to rectify, restrict its processing or erase.

Please be aware that your data protection rights are not absolute and it remains that, in accordance with applicable data protection laws, your rights may be withheld. In such event, you will, however, be provided with the reasons for not complying with your request.

Your request will be processed as soon as reasonably practicable and Skeeled or the Recruiter will provide you with information on the action(s) taken without undue delay and in any event within one (1) month of receipt of the request. This period may be extended by two (2) further months where necessary, taking into account the complexity and number of your request(s). In this event, you will be informed of any such extension within one (1) month of the receipt of your request, together with the reasons for the delay.

In the event, it has been decided not to comply with your request or if your request has not been processed within the aforesaid timeframe, you can lodge a complaint with the national supervisory authority (as set forth in point 18 of this Privacy Policy) and you can seek a judicial remedy against such decision.

10.2. Your right to access, rectification, restriction of processing and erasure of your Personal Data & your right to data portability
You have, if applicable and within the limits of applicable data protection laws, the ability to exercise your right to access your Personal Data processed by Skeeled and to seek the rectification or erasure of your Personal Data or to request the restriction of its processing.

You have, within the limits of applicable data protection laws, the right (i) to receive the Personal Data you have submitted to Skeeled in a structured, commonly used and machine-readable format and (ii) to transmit those Personal Data to another controller. Skeeled will, where applicable and technically feasible, transmit your Personal Data directly to another data controller of your choice.

10.3. Automated individual decision-makingrecommendation
Please note that the processing of your personal data by Skeeled on behalf of the recruiter includes an automated recommendation and classification of your Application according to the job description and your Application.

The recruiter will receive a recommendation from the software provided by skeeled, which - according to the criteria established by the recruiter and thanks to the processing of your personal data - will make it possible in particular to determine the degree of correspondence of your Application with the job in question. The aim is to provide the recruiter with a complete and accurate overview of your Application in order to identify the most qualified candidates for a position.

These automated processes include however the risk that your Application may be refused solely based on algorithms in the case your profile does not correspond to the minimal requirements set by the Recruiter. However, it is important to specify that the final decision will always remain with the Recruiter who can decide whether or not to accept the automatic suggestion of the algorithm. 

As the Recruiter and Skeeled are aware of this risk for your rights and freedoms, Skeeled ensures - on behalf of the Recruiter - that suitable measures to safeguard your legitimate interests are put into place. In the event your Application has not been satisfied exclusively due to an automated decision making, you will thus have the possibility to object in a written form by sending an email to mypplctnskldcm.

10.4. Your right to object
If applicable and in accordance with applicable data protection legislation, you have the right to object, on grounds relating to your particular situation, at any time, to the processing of your Personal Data by Skeeled, unless:

1. there exist compelling legitimate grounds for such processing which override your interests, rights and freedoms; or
2. the processing is necessary for the establishment, exercise or defense of legal claims.

Notwithstanding the foregoing, please be aware that you have the right to object, at any time, to the processing of your Personal Data for direct marketing purposes. In this event, you may opt-out of such processing by sending an email to mypplctnskldcm. Where your Personal Data is processed for scientific or historical research purposes or statistical purposes, you shall - on grounds relating to your particular situation - have the right to object to processing of your Personal Data, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

11. International transfers of Personal Data

As a matter of principle, your Personal Data shall be stored and processed in the European Union.

This objective to process your Personal Data exclusively in the European Union shall, however, be without prejudice to the Recruiter’s and Skeeled’s right to transfer your Personal Data to a third country in accordance with applicable legislation.

Your Personal Data is processed within the European Union or, subject to the condition that either an adequate level of protection is ensured or that appropriate safeguards are put into place, in any third country. This shall apply without prejudice to possible derogations that may apply in accordance with applicable data protection legislation (e.g. when you consent to the transfer of your Personal Data).

12. Disclosure of Personal Data

Skeeled may disclose your Personal Data to others in accordance with applicable laws and regulations, in particular with a view to accomplish the purposes set forth in point 7 of this Privacy Policy.

12.1. General principles of disclosure
As a matter of principle, Skeeled does not sell, rent, exchange, share or otherwise disclose (hereinafter “share” or “disclose”) your Personal Data to third parties for their marketing purposes. This shall, however, not prejudice Skeeled’s right to disclose your Personal Data to others (including public authorities, law enforcement agencies, data protection authorities or regulatory agencies, government officials or any other authorised third party) in accordance with applicable laws and regulations, in particular with a view to accomplish the purposes set forth in point 7 of this Privacy Policy, if:

1. it is necessary for the conclusion or the performance of a contract or for the provision of the Skeeled Services;
2. it is required by law or by virtue of public interest;
3. it is required by virtue of your vital interest;
4. it is necessary to pursue the the Recruiter and Skeeled’s legitimate purposes;
5. you have given your consent (e.g. when exercising your right to data portability);
6. so allowed to by another legal bases.

12.2. Recourse to service providers
Skeeled may disclose your Personal Data to its service providers (including namely processors), in particular to fulfil the purposes set forth in this Privacy Policy.

Skeeled’s service providers, which are contractually bound to Skeeled, shall be allowed to process your Personal Data on Skeeled’s behalf.

12.3 Categories of recipients of your Personal Data
Your Personal Data are currently disclosed to the following categories of recipients:

1. Recruiters and Recruiters’ processors;
2. Law enforcement agencies, regulatory agencies and data protection authorities;
3. Skeeled’s (sub-)processors;

13. Security of Personal Data

Please be aware that today no processing, transmission or storage of data, including Personal Data – even in high security environments and notwithstanding any appropriate security measures – ensures an absolute protection and that Personal Data can for example be subject to hacks and/or attacks.

If you have reason to believe that your Personal Data is no longer secure, you shall immediately notify such risk by contacting myapplication@skeeled.com.

14. External Websites

Occasionally, the Skeeled Services may provide references or links to, or facilitate access to other websites or online services (hereinafter "External Websites").

Skeeled does not control these External Websites or any of their content. Skeeled shall in no way be responsible or liable for External Websites to which Skeeled makes reference or provides a link thereto, whether directly or indirectly. Skeeled shall in particular be in no way responsible or liable for External Websites' content, any information displayed thereon, policies, privacy standards, promotions, products, any practice, services or actions and/or any damage, loss, failure or problem caused by, related to, or arising from those External Websites.

Please be aware that the inclusion of a link or any other reference within the Skeeled Services does not imply endorsement of an External Website by Skeeled and it remains that such External Websites have separate and independent privacy policies. Skeeled consequently encourages you to review the policies, rules, terms, privacy practices and regulations of each External Website that you visit.

15. Storage of your Personal Data

Without prejudice to the right to further process your Personal Data for purposes that are not incompatible with the initial purpose, and subject to incumbent legal and regulatory obligations on Skeeled, Skeeled shall store your Personal Data in a form which permits identification for no longer than is necessary for the purposes described in the Policies and will proceed to the erasure of the Personal Data in a secure manner if the storage of the Personal Data is no longer necessary, including for Skeeled’s record keeping obligations.
Skeeled shall store your Personal Data for the time periods listed below:

1. in the event that you notified Skeeled the intention to terminate the use of the Skeeled Services: At latest one (1) month after you have notified your intention to no longer use the Skeeled Services.
2. in the event your Application has been accepted by the Recruiter: your Personal Data are necessary for the performance of the employment or internship contract to which you and the Recruiter are party as well as to take the relevant steps allowing you and the Recruiter to enter into such contract. In this event, your Personal Data will need to be stored by the Recruiter (and if so decided by such Recruiter also by Skeeled on behalf of the Recruiter) in accordance with applicable legislation and prescription periods.
3. unless points (a) or (b) apply: unless expressly otherwise consented by you, Skeeled shall not provide the Recruiter with access, in whatsoever manner, to the Personal Data submitted by you via Skeeled twelve (12) months after its collection and Skeeled shall erase or anonymise such Personal Data in a secure manner.
   
   Unless you have exercised your right to object, Skeeled will however contact you prior to the expiration of each twelve (12)-month period in order to give you the possibility to consent to the processing for an additional twelve (12)-month period.
   
   Skeeled shall erase all Personal Data it has processed on behalf of the Recruiter one (1) month after the end of the contractual relationship with the Recruiter, unless otherwise required by law.

16. Updates to the Privacy Policy

The Privacy Policy has been made available to you prior to your use of the Skeeled Services (in particular before you submitted an Application) and the Privacy Policy will remain available on the website of Skeeled.

Skeeled reserves the right to revise, change, modify, update, supplement, add or remove portions of the Privacy Policy at any time and at its sole discretion. When Skeeled makes such changes to the Privacy Policy, Skeeled will notify such changes to you by making the amended Privacy Policy available on its website (“amended Privacy Policy”). It is your responsibility to review the amended Privacy Policy.

Your continued use of Skeeled subsequent to the notification of such changes, or the absence of any objection thereto within thirty (30) days from the date the amended Privacy Policy has been made available on the website of Skeeled, constitutes your acceptance of the amended Privacy Policy.

17. Merger/Corporate Acquisition

If Skeeled merges with another company or entity, of whatsoever form, or is partially or entirely acquired by such company or entity, the acquiring company or entity shall be entitled to process all of your Personal Data in Skeeled’s possession.

Without prejudice to the stipulations concerning possible updates to the Privacy Policy, the acquiring company or entity shall be bound by the stipulations of this Privacy Policy.

18. Questions or complaints

If you have questions or concerns about this Privacy Policy or if you seek additional information about the processing activities carried out by Skeeled, you can contact Skeeled’s data protection officer (gdprskldcm) or write directly to Skeeled.

If you do not feel satisfied with Skeeled’s response, you can always contact the Commission Nationale pour la Protection des Données (the data protection authority in Luxembourg) having its seat at 1, avenue du Rock’n’Roll, L-4361 Esch-sur-Alzette (Luxembourg).

If you have any questions for the Recruiter or TCS, please contact the TCS data protection officer (dtprtctntcsch) or write to the address mentioned under point 1 (addressed to Corporate Center, Legal & Compliance Department)