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Privacy

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Data Protection Statement

(Version 1.0 of 01.09.2023)

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1. General

TEAMWORXS AG (hereinafter ‘TEAMWORXS’, ‘we’, ‘us’) attaches great importance to the responsible and lawful handling of personal data.

The data protection declaration (hereinafter ‘DPD’) explains what personal data is used by TEAMWORXS, for what purpose it is processed or with whom it is shared when you apply for a temporary job or a private placement with TEAMWORXS and your services are taken over by an acquiring company or you are placed by TEAMWORXS or when you visit the TEAMWORXS website www.teamworxs.ch / www.tmxs.ch.

 

If you are a current or potential customer of TEAMWORXS, to whom TEAMWORXS offers services or places candidates, this DPD explains what personal data is processed about you as a customer.

 

For the purposes of this DPD, the term ‘personal data’ means any information relating to an identified or identifiable natural person.

If you submit your personal data to TEAMWORXS as a jobseeker, your personal data will be passed on to potential employers and service procurement companies for the purpose of a permanent or temporary placement. After a successful placement or recruitment of services, your personal data will be used to draw up the placement declaration with the customer or, in the case of a temporary placement, to draw up your mission contract, to pay the mandatory social security contributions, to calculate any withholding tax and social security charges and to use your data for all other purposes related to the hire or placement. 

If you send your personal data to TEAMWORXS as a customer, it will be used to offer you, as the contact person or manager/manager of your company, placement or rental services and to settle the fees for these services with you.

TEAMWORXS guarantees that all personal data will be used confidentially and exclusively for the agreed purpose in accordance with section 5 or, when another legal basis exists, in accordance with applicable data protection laws. TEAMWORXS takes a large number of technical and organisational measures to achieve this goal.

 

2. Responsible entity

The entity responsible for data processing is TEAMWORXS, whose registered office is located at Viale Stazione 4, 6500 Bellinzona. He can be contacted for any queries relating to data protection at TEAMWORXS SA, Roberto Munari, Viale Stazione 4, 6500 Bellinzona or at the e-mail address privacy(at)teamworxs.ch.

 

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3. Applicability of Swiss data protection legislation and the General Data Protection Regulation (GDPR).

This Data Protection Declaration is designed to meet the requirements of the EU General Data Protection Regulation 2016/679 (‘GDPR’), the Swiss Data Protection Act (‘DPA’) and the revised Swiss Data Protection Act (‘nLPD’). 

However, the question of when and to what extent these legal texts are applicable depends on the case at hand.

 

4. What types of personal data are collected?

The following personal data is generally collected when you apply for a job with TEAMWORXS and TEAMWORXS successfully hires or places you, or when you visit the website www.teamworxs.ch / www.tmxs.ch.

The following categories of candidate data are recorded, for example:

- Basic data (e.g.: name, postal address, e-mail, telephone number);

- Preferences (job - e.g.: professional sector, type of employment);

- Education (training certificates, professional experience, skills);

- Application details (e.g.: diplomas, references, CV, photo).

The following categories of employee data are recorded, e.g:

- Basic data (e.g.: name, postal address, e-mail, telephone number);

- Preferences (job - e.g.: professional sector, type of employment);

- Education (training certificates, professional experience, skills);

- Application details (e.g.: diplomas, CV, photo);

- Nationality, information on official work permits in Switzerland;

- Extended employee data for personnel administration (working hours, holidays, accident and illness declarations, salary data, bank details, AHV number, marital status, number of children, etc.).

The following categories of customer data are processed, e.g.

- Customer portfolio data (e.g.: customer master data such as name or address), contact data (e.g.: e-mails, telephone numbers) and other personal data that may be part of the following data, such as content data (e.g. date of birth, etc.), contract data and payment data (e.g. bank receipts). Data subjects include our customers, interested parties and their customers, users, website visitors or employees, as well as third parties.

When you visit our website, data relating to your use of the website is also processed, e.g:

IP address, name of the file consulted, date and time of the consultation, amount of data transmitted, notification of successful consultation, web browser and domain of the requestor.

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5. Purpose of processing and legal basis 

TEAMWORXS processes personal data on the basis of Art. 328b of the Swiss Code of Obligations (CO) and in accordance with Art. 7 para. 3 and Art. 18 para. 3 of the Federal Law on Placement and Loaned Personnel (LO), to the extent and for the time necessary for its placement and service rental activities.

TEAMWORXS processes your personal data in order to conclude and execute contracts with you and business partners or service providers (in the case of the GDPR: Art. 6 al. 1, let. b GDPR - ‘processing necessary for the performance of a contract’),

- for the creation and execution of a service rental contract for assignments in service rental companies, an internal TEAMWORXS service rental contract or for permanent placement with TEAMWORXS customers;

- to enter into service rental or service placement agreements with you as a customer and to invoice you for the costs;

- to identify you as our employee or customer

- to correspond with you if necessary and to respond to your requests;

- to process your application with a view to a possible engagement and to conduct the application process with you and, where appropriate, if you give us your express consent to do so, to obtain references and confirmations of competence from third parties;

- to assess your suitability and qualifications as a potential candidate.

Personal data is processed because we have to fulfil legal requirements (in the case of the GDPR: Art. 6 al. 1 let. c GDPR: ‘processing is necessary for compliance with a legal obligation to which the controller is subject’), 

- to comply with relevant laws or administrative regulations (e.g. payment of occupational pension contributions, declaration of taxes at source, etc.);

- to comply with any legal document retention obligations, e.g. the 10-year retention period for accounting records and their supporting documents, which may also include your pay slips (Art. 958f CO). 

We process your personal data for specific purposes, insofar as you have given us your consent to do so (in the case of GRDP: Art. 6 al. 1 let. a GRDP: ‘the data subject has given consent’), 

- so that we can pass on the data concerning you as a job offerer, job seeker or employee and the job offers to other commercial agencies, possibly also across national borders (Art. 19 para. 1 let. a. and c. OSA, 47 para. 1 let. a. and c. OSA)

- in order to be able to obtain references and confirmation of expertise about you (Art. 19 al. 1 let. b OSA, 47 al. 1 let. b OSA);

- so that we can send you newsletters or, as our customer, carry out financial background checks (e.g. credit checks). 

We process your personal data in the context and on the basis of this consent, insofar as we have no other legal basis and insofar as we need such basis.

 

Consent may be revoked at any time, but this has no effect on data already processed (see Section 12).

In addition, we also process personal data about you and other persons, insofar as this is permitted and seems appropriate to us, for the following purposes, for which we (and sometimes also third parties) have a legitimate interest corresponding to the intended purpose (in the case of the GRDP: Art. 6 al. 1 let. f GRDP: ‘processing is necessary for the pursuit of the legitimate interest of the data controller or third parties’) 

- to respond to requests from a court or authority, to assert, exercise or defend legally protected rights;

- to prevent and detect crimes, abuses and other reprehensible behaviour (e.g. conducting internal investigations, analysing data to combat fraud)

- to offer you, as a customer, tailor-made advertising or marketing operations, including the presentation of profiles personalised to your needs, insofar as you have not objected to this use;

- evaluate website access statistics and continuously improve the functionality of our website, our company and, in particular, IT. For more information on this subject, please refer to figure 7ff. 

 

6. Recipients of personal data

We provide personal data as part of our business activities and for the purposes set out in section 5, insofar as this is permitted and we consider it appropriate, we also provide personal data to third parties, either to process it on our behalf or to use it for their own purposes. These are, in particular, the following entities:

- Group companies,

- Service companies, e.g. banks and asset management companies,

- Authorities, public institutions such as social insurance institutions, unemployment and compensation offices, SUVA and courts;

- Salary processing companies, pension funds and insurance companies (daily sick pay, accident insurance) in charge;

• Consulenti professionali, ad esempio consulenti fiscali, avvocati, revisori dei conti, agenti e rappresentanti;

• Fornitori di servizi, fornitori e ausiliari, compresi i subappaltatori con i quali abbiamo stipulato contratti di elaborazione in subappalto (ad esempio, fornitori di hosting, fornitori di servizi IT, servizi cloud, ecc.)

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- Professional consultants, e.g. tax consultants, lawyers, auditors, agents and representatives;

- Service providers, suppliers and auxiliaries, including subcontractors with whom we have subcontracted processing contracts (e.g. hosting providers, IT service providers, cloud services, etc.).

 

7. Cookies/tracking and other technologies related to the use of our website

7.1 Cookies

We generally use ‘cookies’ and similar techniques on our websites that identify your browser or device. 

 

A cookie is a small file that is automatically sent or stored on your computer or mobile device by the web browser you use when you visit our websites. When you revisit this website it allows us to recognise you, even if we do not know who you are. In addition to cookies that are only used during a session and are deleted after you visit the site (‘session cookies’), cookies may also be used to store your preferences and other information for a specific period of time (e.g. two years) (‘persistent cookies’).

 

However, you can configure your browser to reject cookies, save them for one session only or delete them prematurely. Most browsers are pre-set to accept cookies. 

 

We use persistent cookies to record your preferences (e.g. language, auto login), to better understand how you use our offers and content, and to provide you with offers and advertisements tailored to your needs (this may also happen on other companies' websites; however, they do not learn from us who you are, except to a small extent, as they only see that you are on their website and have visited a certain page with us). Some cookies are placed by us, others by contractual partners with whom we cooperate.

 

If you block cookies, some functions (such as language selection, shopping cart, ordering processes) may no longer work. 

To learn more about how to manage your cookie settings via your browser, see ‘Private Browsing’, ‘Incognito’ or ‘In Private’ in your browser settings for Firefox, Chrome, Microsoft Edge or Safari.

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We include in our newsletters and other marketing e-mails, in part and to the extent permitted, visible and invisible visual elements, the retrieval of which by our servers allows us to determine if and when you opened the e-mail, so that we can also better measure and understand how you use our offers and tailor them to you.

 

You can block this tool in your e-mail programme; most e-mail programmes are pre-set to accept this tool.

 

By using our website and agreeing to receive newsletters and other marketing e-mails, you consent to the use of these tools. If you do not wish to do so, you must configure your browser or e-mail programme accordingly.

 

7.2 Google Analytics 

We sometimes use Google Analytics or similar services on our website. This is a service provided by a third party that may be located in any country in the world (in the case of Google Analytics, this is Google Ireland (based in Ireland), with Google Ireland using Google LLC (based in the United States) as a subcontractor (both referred to as ‘Google’, www.google.com), which enables us to measure and evaluate the use of the website (without personal data). Permanent cookies, which are placed by the service provider, are also used for this purpose. We have configured the service in such a way that the IP addresses of visitors are abbreviated by Google in Europe before being transmitted to the USA and thus cannot be traced. We have disabled the ‘Data Transfer’ and ‘Signals’ settings. Although we recognise that the information we share with Google is not personal data for Google, it is possible that Google will use this data to draw conclusions about the identity of visitors for its own purposes, to create personal profiles and to associate this data with the Google accounts of these persons. Insofar as you yourself have registered with the service provider, the latter also knows you. The service provider is responsible for processing your personal data in accordance with its data protection regulations. The service provider only tells us how our website is used (no information concerning you personally).

borne by this provider in accordance with its data protection provisions. We do not receive any information about you from them.

 

7.3 Note on social media plug-ins

On our website, we use social media plug-ins such as Facebook, Twitter, Youtube, Pinterest, Linkedin or Instagram. You can see this every time (usually via the corresponding symbols). We have configured these elements to be disabled by default. If you activate them (by clicking on them), the operators of the social networks concerned can record that you are on our website and where exactly, and they can use this information for their own purposes. Your personal information is then processed under the responsibility of this operator in accordance with its data protection regulations. We do not receive any information about you from them.

 

8. Contact form information and contact via a messenger service

If you send us inquiries via the contact form or via a messenger service (WhatsApp and LinkedIn), your data from the inquiry form, including the contact information you entered in the form, respectively the message information transmitted will be retained by us for the purpose of processing the inquiry and for follow-up questions. They will not be used in any other way or combined with other data.

 

9. Newsletter information

When you subscribe to our newsletter, we immediately send an e-mail containing a hyperlink to the e-mail address you have provided. By clicking on this link, you confirm your subscription to the newsletter (double opt-in procedure). If this confirmation of subscription does not occur within 1 day we will remove the e-mail address from our temporary list again and the subscription will not take place.

 

Confermando la sua iscrizione alla newsletter, ci autorizza a registrare il suo indirizzo e-mail compresa la data di iscrizione. Utilizziamo i suoi dati personali solo per gestire e inviare la newsletter che ha richiesto. Ogni newsletter contiene anche un'indicazione su come può annullare l'iscrizione alla newsletter.

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By confirming your subscription to the newsletter, you authorize us to record your e-mail address including the date of subscription. We use your personal information only to manage and send the newsletter you have requested. Each newsletter also contains an indication of how you can unsubscribe from the newsletter.

 

In our newsletters and other marketing emails, we also include visible and invisible visual elements, in part and to the extent permitted. The retrieval of these elements by our servers allows us to determine if and when you opened the e-mail, so we can also better measure and understand how you use our offers and tailor them to you.

You can block this tool in your e-mail program; most e-mail programs are preset to do this.

 

10. Cross-border processing.

Recipients (see Figure 6) of personal data may be located in Switzerland or abroad. Please note that we may exchange personal data within our group of companies or transfer it to countries where there are service companies from which we purchase services (e.g., software vendors, IT service providers, cloud service providers, [Microsoft], [SAP], [Amazon], [Apple], [Salesforce.com], legal advisors/lawyers, as well as authorities, administrative departments, or courts.

 

If the recipient is located in a country that does not have adequate legal data protection, we contractually oblige the recipient to comply with the applicable data protection (we use the standard contractual clauses approved by the European Commission, which can be found at: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj), to the extent that the recipient is not already subject to a set of rules recognized by law to ensure data protection and we cannot rely on an exception provision. 

An exception may apply particularly in the case of legal proceedings abroad, but also in cases of overriding public interest or if the performance of a contract requires such disclosure, if you have given your consent or if the data in question have been made generally accessible by you and you have not objected to their processing.

 

We disclose personal data in the following countries: European Union

 

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11. Profiling [and automated decision making].

We process your personal data partially automatically to evaluate certain personal aspects (profiling). In particular, we use profiling to provide you with targeted product information and recommendations. For this purpose, we use assessment tools that allow us to communicate and advertise according to your needs, including market and opinion research.

 

For the establishment and execution of the business relationship, as well as for the rest, we do not in principle use fully automated decision-making (as provided for, for example, in Art. 22 GRDP). If we use such procedures in individual cases, we will inform you separately, to the extent that this is required by law, and inform you of the related rights.

 

12. Rights of the data subject

Within the scope of the data protection law applicable to you and to the extent provided for (as in the case of GRDP), you have the right to access your data, to have it rectified, erased, and to restrict its processing. In addition, you have the right to object to our processing of your data, particularly data processed for the purposes of direct marketing, profiling for direct advertising, and other legitimate processing interests. You also have the right to request the disclosure of certain personal data with a view to its transfer to another organization (known as data portability).

Please note, however, that we reserve the right to apply statutory restrictions, such as if we are obliged to retain or process certain data, if we have an overriding interest in doing so (to the extent that we can invoke it), or if we need to assert rights. We will inform you in advance if any costs arise. 

 

In Section 5 we have already informed you that you can withdraw your consent. You may do so at any time by sending us a message by mail to TEAMWORXS SA, Roberto Munari, Viale Stazione 4, 6500 Bellinzona or by e-mail to privacy(at)teamworxs.ch and informing us of your objection. 

Please note that the exercise of your rights may conflict with contractual agreements and that this may have consequences such as early termination of the contract or costs. In such cases, we will inform you in advance if this is not already provided for in the contract.

Exercising these rights generally requires that you provide clear proof of your identity (e.g., a copy of your ID, if your identity is not clearly established or cannot be otherwise verified). To exercise your rights, you may contact us at the address listed in Section 2.

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All data subjects also have the right to assert their rights in court or appeal to the competent data protection authority. In Switzerland, this is the Federal Data Protection and Information Commissioner.

(https://www.edoeb.admin.ch/edoeb/fr/home.html).

 

13. Retention period and deletion of personal data

TEAMWORXS processes personal data only as long as it is still necessary for the purpose for which it was collected. Therefore, they are destroyed or anonymized as soon as this does not happen or if no legal, contractual, or legitimate interest retention period opposes the destruction or anonymization of the data. 

Contractual data used to prepare a labor certificate are retained for ten years from the time the employee leaves the company (Art. 127 CO). 

 

Other retention periods may be dictated by legitimate interests of the employer or lessor company, such as when documents are to be handed over to the supervisory authority during a payroll inspection in order to demonstrate compliance with the provisions of the applicable collective bargaining agreement.

 

Data/files of potential applicants are retained for a specific period so that they can be used to apply for future assignments/service rental companies; then they are deleted.

 

14. Data Security.

TEAMWORXS applies appropriate technical and organizational security measures, such as IT and network security solutions, access controls and restrictions, encryption of data media and data transmissions, in order to protect its data from unauthorized access, accidental or intentional manipulation, partial or total loss, destruction or unauthorized access by third parties. Our security measures are continuously improved in line with technological developments. In addition, we take the protection of personal data into account right from the development or selection of hardware, software and procedures, in accordance with the principle of “data protection through technology” and “data protection through favorable preliminary data protection settings.”

 

Notwithstanding the above, we would like to draw your attention to the fact that data transmission over the Internet (for example, when communicating via e-mail) may have security gaps. Uninterrupted protection against access by third parties cannot be guaranteed.

When visiting the site, we use the widely used SSL/TLS procedure in combination with the highest level of encryption compatible with your browser. You can recognize whether a page on our website is transmitted in encrypted form by the closed representation of the key or padlock symbol in the address bar of your browser.

 

15. Changes

TEAMWORXS may change this Privacy Policy at any time. The current version posted on the TEAMWORXS website, under https://www.teamworxs.ch/privacy, is the authentic version.

 

This DPD was last updated on 01.09.2023.

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