OfferZen Privacy Notice

This Privacy Notice was last updated on 10 April 2020

Introduction

In order to deliver OfferZen's services and to give you the best possible experience, OfferZen will need to collect and process some of your personal information. Your privacy and the security of your and our personal data will always be of paramount importance. This notice will explain how, when and why we gather, store, share and use your personal data - as well as outline the controls and choices you have around when and how you choose to share your personal data.
That is our objective, and this Privacy Notice ("Notice") will explain exactly what we mean in further detail.

About this Notice

This Notice sets out the essential details relating to the personal data that OfferZen processes about you. The Notice applies to all OfferZen services and websites operated by OfferZen under the domain OfferZen.com (referred to as the 'OfferZen Services'). The terms governing your use of the OfferZen Services are defined in our Terms and Conditions of Use (the "Terms and Conditions of Use").
If there are any changes to our data processing practices or to this Notice, the updated Notice will be made available on our website at www.OfferZen.com and will be applicable to all OfferZen Services provided from the date of publication.
The aim of this Notice is to:

Ensure that you understand what personal data we collect about you, when and how we collect this data and the reasons we collect and use it. We also want you to understand who we might share your personal data with.
Explain the way we use the personal data that you share with us.
Explain your rights and choices in relation to the personal data we collect and process about you and how we will protect your privacy.

We hope that this Notice will help you understand our privacy commitments to you. If you have any questions about your privacy, your rights, or how to exercise them, please contact our privacy officer using the information provided in the "How to Contact Us" section of this Notice. We will respond to your request within a reasonable period of time upon verification of your identity and no later than within one month of your request. If you are unhappy with the way we are using your personal data or the way we process your request to exercise your rights as a data subject you are free to lodge a complaint with the Dutch Data Protection Authority (The Autoriteit Persoonsgegevens) or your local Data Protection Authority as may be applicable. Alternatively, if you do not agree with the content of this Notice, then please remember that it is your choice whether you want to use the OfferZen Services or not.
By agreeing to this Notice, you agree to OfferZen collecting, processing and using your personal data in accordance with this Notice and applicable laws, including South Africa's Protection of Personal Information Act or "POPIA", European Union law and specifically the General Data Protection Regulation or "GDPR".

What is personal data?

According to the GDPR:

"personal data are any information which are related to an identified or identifiable natural person. The data subjects are identifiable if they can be directly or indirectly identified, especially by reference to an identifier such as a name, an identification number, location data, an online identifier or one of several special characteristics, which expresses the physical, physiological, genetic, mental, commercial, cultural or social identity of these natural persons. In practice, these also include all data which are or can be assigned to a person in any kind of way. For example, the telephone, credit card or personnel number of a person, account data, number plate, appearance, customer number or address are all personal data."

Under POPIA:

'personal information means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to (a) information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person; (b) information relating to the education or the medical, financial, criminal or employment history of the person; (c) any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person; (d) the biometric information of the person; (e) the personal opinions, views or preferences of the person; (f) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; (g) the views or opinions of another individual about the person; and (h) the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person."

In this Notice, references to "personal information" will include references to "personal data" and vice versa.

Your rights and your preferences: Choice and control

OfferZen processes your personal data in the context of providing the OfferZen Services only when you have given us your consent to do so, and where processing your personal data is necessary for us to perform our obligations under our contract with you, and where this is allowed by applicable law or we have a legitimate interest to do so. We will only collect the necessary personal data we need (no more or less) and we will delete your personal data as soon as we no longer have grounds to process it.
Applicable law, specifically POPIA and the GDPR gives individuals and juristic persons certain rights relating to their personal data. In line with these laws, we have implemented additional data transparency and access controls to help users of an OfferZen Service to be able to exercise their data protection rights. Except as limited under applicable law, the rights afforded to you are:
- Right to Withdraw Consent - The right to withdraw your consent to the processing of your personal data at any time.
- Right of Access - The right to be informed of and request access to your personal data we collect and process. OfferZen will, at a minimum, comply with its obligations and prescribed processes under the POPIA and the Promotion of Access to Information Act (PAIA) of South Africa.
- Right to Rectification - The right to request that we amend or update your personal data if it is inaccurate or incomplete.
- Right to Erasure - The right to request that we delete your personal data.
- Right to Restrict - The right to request that we temporarily or permanently stop processing all or some of your personal data.
- Right to Object -
  - The right, at any time, to object to us processing your personal data on grounds of a legitimate interest. Should you exercise this right, we will ask you to provide us with reasons for your objection which we will consider in order to determine whether a legitimate interest exists allowing us to continue processing your personal data or whether we should delete your data. We will communicate with you throughout this process.
  - The right to object to your personal data being processed for direct marketing purposes.
- Right to Data Portability - The right to request a copy of your personal data in electronic format and the right to transmit that personal data to another party.
- Right not to be subject to Automated Decision-making - The right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect. Please see Section 7 'Automated decision making' for further details.
In order to enable you to exercise these rights with ease and to record your preferences in relation to how OfferZen uses your personal data, we provide you with access to the following settings via your Account Settings or Profile Page:

Privacy Settings - Allow you to manage your personal data and control whether we process personal data about you via:

A 'Delete Account' or 'Delete Profile' button which enables you to delete all of the personal data OfferZen uses about you.
A 'Request data' button to access your personal data and transfer it elsewhere as you see fit.

Email Preferences - Allow you to choose which communications you receive from OfferZen.

Your Profile or Account settings let you update your personal data and opt out of receiving certain messages from OfferZen. If we send you electronic marketing messages based on your consent or, as otherwise permitted by applicable law, you may, at any time, withdraw such consent or declare your objection ("opt-out") at no cost. The electronic marketing messages you receive from OfferZen (e.g. those sent via email) will also include an opt-out mechanism within the message itself (e.g. an unsubscribe link). Opt-outs may take a few days to process and, as a result, it may happen that you receive marketing communication even after opting-out where such opt-out has not yet been processed by OfferZen.
For OfferZen Services which do not require the creation of a Profile or Account, you can exercise your rights by contacting us using the information provided in the "How to Contact Us" section of this Notice.

What personal data do we collect and how do we collect it?

If you require further information about the balancing test that OfferZen has undertaken to justify its reliance on the legitimate interest legal basis under the GDPR, please see Section 14 'How to contact us' for further details on how to contact us.
We collect your personal data in the following ways:

When you sign up for the OfferZen Service by setting up a candidate Profile - When you create an OfferZen candidate Profile and choose to use this OfferZen Service, we collect certain personal data in order to deliver the OfferZen Service to you on the basis of the contract between us and your consent. This includes your name, email address, IP address, personal identifier, UserID, cookie information (if you have consented to our Cookie Declaration), address, identification number, contact number, birth date, postal code, employment and education history, profile picture, current salary, daily contracting rate, payment details, social media handles, resumes, location, work or study permits, education transcripts, certifications, data relating to any previous circumvention of the OfferZen Service in contravention of OfferZen's terms and conditions of use and other information you choose to share with us.

Some of the personal data we will ask you to provide is required in order to create your Profile. We may ask you to provide additional or updated personal data from time to time in order to update or enhance your Profile.

When you sign up for the OfferZen Service by creating an employer or member Account - When you create an OfferZen employer or member Account and choose to use this OfferZen Service, we collect certain personal data in order to deliver the OfferZen Service to you on the basis of the contract between us and your consent. This includes your name, a contact person, a contact email address, company/employer name, hiring location, number of employees, a contact phone number, profile picture, your job title, data relating to any previous circumvention of the OfferZen Service in contravention of OfferZen's terms and conditions of use and other information you choose to share with us.

You also have the option to provide us with some additional personal data in order to make your Account more personalized.

When you sign up for the OfferZen Service by signing up for programmes offered by the OfferZen Foundation - When you sign up for or participate in a programme offered by the OfferZen Foundation and choose to use this OfferZen Service, we collect certain personal data in order for you to participate in the programme on the basis of the contract between us and your consent. This includes your name, identity number, sex, gender, ethnicity, racial identity, gender identity, IP address, phone number, email address, income level and accessibility requirements.

Eligibility for participation in programmes offered by the OfferZen Foundation is qualified and determined on the basis of the personal data collected which, of necessity, is sensitive personal data. As a result, OfferZen will ensure that this data will be treated in accordance with stricter rules as required by applicable laws.

When you fill out one of our surveys or enter one of our contests - When you fill out an OfferZen survey or enter an OfferZen contest and agree to the terms of the survey or contest, we collect certain personal data needed in order for you to participate in the contest as well as personal data you choose to share with us in a survey. At a minimum, we will collect your name and email address. The exact personal data collected will vary depending on the contest or survey. Your personal data is used to allow you to participate in these contests or surveys on the agreed terms, being the contract between us and your consent.
When you sign up for or attend our events - When you attend, or purchase a ticket for an OfferZen event and agree to the terms of the event, we collect certain personal data from you in order to manage and deliver the OfferZen event on the basis of the contract between us and your consent. This includes your name, email address and phone number.

Payment information for events is controlled and collected by third party service providers and not OfferZen.

When you agree to speak at an OfferZen event, we collect your profile picture, name, email address, telephone number, social media handles, personal biography, other information you choose to share with us.

When you write content for the OfferZen blog - When you write content for the OfferZen blog, whether the content is published or not, we collect certain data from you in order to manage the blog and publish content on the basis of the contract between us. This includes your name, profile picture, location, social media handles, personal biography and other information you choose to share with us.
When you interact with any of our promotional or marketing material or any OfferZen Service - when you interact with any of our promotional or marketing material or OfferZen Service, we collect certain personal data around your engagement in order to improve the OfferZen Service and the accuracy of our marketing and promotional activities. This includes Technical Data such as URL information, cookie data, your IP address, the types of devices you are using to access or connect to the OfferZen Service, unique device IDs, device attributes, browser type, language, information enabling digital rights management, operating system, and OfferZen application version. Further details about the technical data that is processed by us can be found in our Cookie Declaration available at www.OfferZen.com. This data is collected on the grounds of OfferZen having a legitimate interest in doing so.

As far as reasonably possible, we use anonymised and aggregated information for purposes that include testing our IT systems, research, data analysis, creating marketing and promotion models, improving the OfferZen Service, and developing new features and functionality within the OfferZen Service.

Throughout your use of the OfferZen Service - when you use the OfferZen Service, we collect personal data about your use of the OfferZen Service. This includes:

The dates and times of any interview requests you make or receive, the number of interview requests you make or receive, interviews you have had and the outcomes of these interviews, offers and employment contracts you make or receive and the details of these offers and contracts, offers you withdraw, accept or turn down and the related reasons, profiles you view, and your interactions with other OfferZen users. This may also include details of your use of certain OfferZen features. This data is collected on the basis of the contract between us.
Matches between OfferZen Foundation Profile holders, interactions between them and the outcomes of these interactions. This data is collected on the basis of the contract between us.
OfferZen event attendance and speaking engagements.
OfferZen survey and contest participation and the outcome of these.
User engagement, including messages you send and/or receive via OfferZen and your interactions with the OfferZen Customer Service team. This data is collected on the basis of the contract between us.

Personal data collected that enables us to provide you with additional features/functionality - from time to time, you may also provide us with additional personal data or give us your permission to collect additional personal data e.g. to provide you with more features or functionality. You always have the option to change your mind and withdraw your consent at any time by requesting to delete your data.
From third parties - we will receive personal data about you and your activity from third parties, including partners we work with in order to provide you with the best possible OfferZen Service (please see 'Sharing your personal data' below). We will use this personal data only where you have either provided your consent to this data being shared to the third party or to OfferZen or where OfferZen has a legitimate interest to use the personal data in order to provide you with the OfferZen Service.
Personal data collected that enables us to provide you with services we provide together with our partners - from time to time, OfferZen will partner with third parties to deliver additional products, services or other value to persons who specifically sign up for these products, services or value. We will collect personal data about you when you sign up and we will use this personal data only where you have provided your consent to this data being shared with OfferZen's third party partner. At a minimum, we will collect your name and email address. The exact personal data collected will vary depending on the partner, additional service, product or value. Your personal data is used to allow you to sign up for or to be considered for any such service, product or additional value.

In order to make use of any such additional service, product or value, OfferZen will be required to share this data with its relevant partners and will ask you for consent before it does so.

Sharing your personal data

The following personal data will always be publicly available:

OfferZen Content Data - In order for us to be able to publish legitimate content online, when you write content with us, we will publish your name, profile picture, social media handles, personal biography, and other information you choose to share with the public.
OfferZen Events Data - In order to market OfferZen events, when you agree to speak at an OfferZen event, we will publish your profile picture, name, social media handles, personal biography, and other information you choose to share with the public.

The following personal data may be shared by OfferZen in order to provide the OfferZen Service:

Candidate (OfferZen Profile holders) Data - In order to provide the OfferZen Service, we will need to share your personal data from your OfferZen Profile with employers making use of OfferZen (OfferZen Account holders) and potential OfferZen Account holders. We will only share the minimum amount of data, anonymised where possible, required to provide or improve the OfferZen Service. Each OfferZen Account holder will act as a data controller in relation to the personal data that we supply to them; and their own privacy policy will govern their use of your personal data.
Employers (OfferZen Account holders) Data - In order to provide the OfferZen Service, we will need to share your personal data from your OfferZen Account with OfferZen Profile holders and potential OfferZen Profile holders. We will only share the minimum amount of data, anonymised where possible, required to provide or improve the OfferZen Service.
OfferZen Foundation Profile Data - in order to provide the OfferZen Service, we will need to share your personal data from your OfferZen Foundation Profile with other OfferZen Foundation Profile holders and potential OfferZen Foundation Profile holders. We will only share the minimum amount of data, anonymised where possible, required to provide or improve the OfferZen Service

Information shared with service providers:

We use technical service providers which may operate the technical infrastructure that we need to provide the OfferZen Service, in particular providers which host, store, manage, and maintain the OfferZen applications, our content and the data we process.
We also use technical and non-technical service providers to help us communicate with you, to show you more tailored content, or to help us understand your use of the OfferZen Service, to provide you with a better service.
OfferZen has taken measures to ensure that these parties will treat your data confidentially and in line with applicable laws and regulations.

Information we may share with your consent:

OfferZen Partners - To provide additional products, services or value together with our partners, we may partner with third parties with whom we may share your personal data, only with your consent. Each partner will act as a data controller in relation to the personal data that we supply to them; and their own privacy policy will govern their use of your personal data.

Other reasons we may share your personal data:

Academic Research - We will share your personal data for activities such as statistical analysis and academic study, but only in a pseudonymised format.
Other OfferZen Group Companies - We will share your personal data with other OfferZen Group companies to carry out our daily business operations and to enable us to maintain and provide the OfferZen Service to you.
Law Enforcement and Data Protection Authorities - We will share your personal data when we, in good faith, believe it is necessary for us to do so in order to comply with a legal obligation under applicable law, or respond to valid legal process, such as a search warrant, a court order, or a subpoena.
Purchasers of our business - We may need to share some of your personal data in those cases where we sell or negotiate to sell our business to a buyer or prospective buyer. In this situation, OfferZen will continue to ensure the confidentiality of your personal data, anonymise your personal data where possible and give you notice before your personal data is transferred to the buyer or becomes subject to a different Privacy Notice.

We will also share your personal data where we, in good faith, believe that it is necessary for the purpose of our own, or a third party's legitimate interest relating to national security, law enforcement, litigation, criminal investigation, protecting the safety of any person, or to prevent death or imminent bodily harm, provided that we deem that such interest is not overridden by your interests or fundamental rights and freedoms requiring the protection of your personal data.

Automated decision making

By creating a candidate Profile on OfferZen, you are making use of the OfferZen Service. In order to provide the best possible OfferZen Service, not all candidate Profiles will meet certain pre-requisite criteria required for candidate Profiles to "go live" on OfferZen and, as a result, be made visible to OfferZen clients, members or employers with OfferZen Accounts.
In order to determine whether certain minimum candidate Profile criteria have been met, OfferZen uses automated decision-making using the personal data provided by candidates when creating their OfferZen Profile.
If you require further information about the criteria that OfferZen uses to assess candidate Profiles or the information we use to create candidate Profiles to justify our reliance on automated decision making under the GDPR, please see Section 14 'How to contact us' for further details on how to contact us.
If you wish to object to OfferZen's candidate profiling, please see Section 14 'How to contact us' for further details on how to contact us.
If you wish to edit the personal data provided in creating your OfferZen Profile, you can do so by editing the data in your OfferZen Profile page on www.Offerzen.com or contacting the talent advisor assigned to your Profile.
OfferZen applies automated decision making to Profile candidates in a manner that does not discriminate based on sensitive personal data and based on the minimum amount of personal data required to make its assessment.

Data retention and deletion

We keep your personal data only as long as necessary to provide you with the OfferZen Service and for legitimate and essential business purposes, such as maintaining the performance of the OfferZen Service, making data-driven business decisions about new features and offerings, complying with our legal obligations, and resolving disputes. By using an OfferZen Service, you are joining OfferZen's tech community and we will regularly be in touch with you. We keep some of your personal data for as long as you are a member of the OfferZen community or until such time as you request us to delete your Profile, Account or personal information.
If you request, we will delete or anonymise your personal data so that it no longer identifies you, unless we are legally allowed or required to maintain certain personal data, including situations such as the following:

If there is an unresolved issue relating to your Account or Profile, such as an unresolved claim or dispute we will retain the necessary personal data until the issue is resolved;
Where we are required to retain the personal data for our legal, tax, audit, and accounting obligations, we will retain the necessary personal data for the period required by applicable law; and/or,
Where necessary for our legitimate business interests such as fraud prevention or to maintain the legitimacy of the OfferZen Service.

Transfer to other countries

OfferZen shares your personal data globally with other companies in the OfferZen Group in order to carry out the activities specified in this Notice. This includes to OfferZen Group companies in the following countries: The Netherlands and South Africa. OfferZen may also subcontract processing to, or share your personal data with, third parties located in countries other than your home country. OfferZen will, in these cases, ensure that Standard Contractual Clauses are agreed upon with these parties so as to ensure protection of your data.
Personal data collected within the European Economic Area (EEA) may, for example, be transferred to and processed by third parties located in a country outside of the EEA. In such instances OfferZen shall ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws and, in particular, that appropriate contractual, technical, and organisational measures are in place such as the Standard Contractual Clauses approved by the EU Commission.
For further details of the security measures we use to protect your personal data, please see the 'Keeping your personal data safe' section 11 of this Notice.

Links

We may display advertisements from third parties and other content that links to third-party websites. We cannot control or be held responsible for third parties' privacy practices and content. If you click on a third-party advertisement or link, please understand that you are leaving the OfferZen Service and any personal data you provide will not be covered by this Notice. Please read their privacy policies to find out how they collect and process your personal data.

Keeping your personal data safe

We are committed to protecting our users' personal data. We implement appropriate technical and organisational measures to help protect the security of your personal data; however, please note that no system is ever completely secure. We have implemented various measures including pseudonymisation, encryption, access, and retention policies to guard against unauthorised access and unnecessary retention of personal data in our systems.
Your password protects your user Account or Profile, so we encourage you to use a unique and strong password, limit access to your computer and browser, and log out after having used the OfferZen Service.

Children

The OfferZen Service is not directed to persons under the age of 18 years. However, in some countries, stricter age limits may apply under local law. Please see our Terms and Conditions of Use for further details.
We do not knowingly collect personal data from persons under 18 years or under the applicable age limit (the "Age Limit"). If you are under the Age Limit, please do not use the OfferZen Service, and do not provide any personal data to us.
If you are a parent of a child under the Age Limit and become aware that your child has provided personal data to OfferZen, please contact us using the information provided in the "How to Contact Us" section of this Privacy Notice, and you may request exercise of your applicable rights detailed in the 'Your rights and your preferences: Giving you choice and control' Section 3 of this Notice.
If we learn that we have collected the personal data of a child under the age of 18 years, we will take reasonable steps to delete the personal data. This may require us to delete the OfferZen account for that child.

Changes to this Privacy Notice

We may occasionally make changes to this Notice. The applicable version of this Notice will always be accessible on www.OfferZen.com.
When we make material changes to this Notice, we'll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the OfferZen Service or by sending you an email. We may notify you in advance.
Please, therefore, make sure you read any such notice carefully.
If you want to find out more about this Notice and how OfferZen uses your personal data, please contact us to find out more. See the "How to Contact Us" section of this Notice for details.

How to contact us

Thank you for reading our Privacy Notice. If you have any questions about this Notice, please contact our privacy officer by emailing privacy@offerzen.com or by writing to us at the following address:

OfferZen B.V.
Amsterdam Arena Boulevard 65-71,
Amsterdam,
1101 DL,
The Netherlands

OfferZen B.V. is the data controller or authorised representative of the data controller for the purposes of the personal data processed under this Notice.

We hope you enjoy OfferZen!