Data protection and data security provisions for the use of the JANZZ.jobs internet platform

(Version 2.1, valid from 25 May 2018)

With JANZZ.jobs, JANZZ Ltd, Nidelbadstrasse 6, 8038 Zurich/Switzerland (“OPERATOR”) offers services which may be used by the participants and other users with the best possible protection of their data and a great degree of anonymity. The OPERATOR only asks for personal data where it is essential for making use of its services and generally leaves the user to decide on the type and scope of personal data saved in its data base. The OPERATOR handles this data confidentially and only for specific purposes. When processing the data, the OPERATOR observes all applicable data protection regulations (especially the Swiss Data Protection Act, related regulations, and the EU’s General Data Protection Regulation insofar as applicable) and the following policies.

These data protection and data security provisions (“DSP”), as updated, are an integral component of the General Terms and Conditions of Business for the use of the JANZZ.jobs Internet platform (“TCB”). Without prejudice to compelling legal regulations and the provisions of the TCB, the DSP govern the handling of data made available on JANZZ.jobs by users, or which arise as a result of the use of JANZZ.jobs. With registration and on each login to JANZZ.jobs, the participant and each user of JANZZ.jobs declares their express consent to the processing of their data (including the collection, transfer, editing, saving and passing on of personal, demographic and behavioural data) having regard to the following principles. The current version of the DSP is published on JANZZ.jobs.

1. Basic principle
   JANZZ.jobs is a paid service, which brings together specific skills, experience and expertise of its users and enables them to make contact with one another, subject to compliance with certain prerequisites. With the exception of advertisements in the JANZZ FINDER (as provided by section 5 below), which is accessible without having to register on the website, profiles which are publicly accessible (“PUBLIC PROFILES”) of the opportunities sought and offered (“JANZZs”) will only be displayed within the system if matches are found. The disclosure of all other data is specified by users in stages for the individual JANZZs. The user always has control over which data they disclose to whom. As a matter of principle, JANZZ.jobs does not use unnecessary functions or links to social networks, access to/use of aggregators, support from syndication, the export/import of data to/from other platforms (mashup etc.) and does not allow access by search engine, web crawlers etc. Also, no clickstreams are recorded or passed on.
   
2. Security measures
   The OPERATOR implements reasonable technical and organisational security measures, in order to protect data from unintentional or malicious manipulation, loss, destruction or access by unauthorised persons. Passwords are stored in encrypted form, and the security measures are periodically examined and continually improved in line with technological developments. At JANZZ.jobs, all data is saved on servers in such a way that the OPERATOR can administer the process and access controls in line with the legal requirements. Although the data encryption at JANZZ.jobs is in line with stateof-the-art technology, the user is solely responsible for the transfer of the data over the internet, in particular when using mobile end equipment. The OPERATOR accepts no liability for direct damages relating to the security of data and information during online transfers.
   
   
3. Basic principles of data capture
   In order to be able to use the JANZZ.jobs functions, the OPERATOR captures the following data (and combinations thereof):
   
   1. Personal data can be used to identify the user to which the data relates, and to enable the core functions of JANZZ.jobs. The OPERATOR will only capture personal data if it is provided by the user. Examples of personal data which users may place on JANZZ.jobs as part of their profile and which JANZZ.jobs may capture include name, address, nationality, date of birth, status, email address, telephone number, contact details, professional data, specialisms, education and training, language abilities and, for business customers, invoicing data. Only the data specified in section 4 below is essential for registration on JANZZ.jobs, and the provisions of section 6 apply to payment data. The OPERATOR relies on the fact that the user will only provide JANZZ.jobs with data and/or documents which contain details relating to third parties, such as work and character references or samples of work, if entitled to do so.
   2. Demographical data relates not only to the user, but to specific population characteristics, such as post code, age, preferences, gender, nationality, status, occupation, specialism, education and training, interests, etc.
   3. Behavioural data is collected by the OPERATOR on how the user uses the platform, the areas of the website he visits, the services he selects and the details available from the browser of his computer hardware and software, including IP address, browser, operating system, domain names, access times and the addresses of websites referring to JANZZ.jobs. This data is needed to analyse the use of resources, to find and rectify errors, to combat misuse and to improve the services.
   4. In addition, JANZZ.jobs may collect indirect data on users (e.g. geographical analysis of IP addresses, the evaluation of forms of address by gender).
      
4. Registration as a participant
   Private persons and business customers (individual proprietors, legal entities and other organisations under private or public law) may open a participant account on JANZZ.jobs. In order to ensure the quality of the profiles recorded in the system, JANZZ.jobs cannot be used until the full registration process, including payment, has been completed. When registering, the user’s forename, surname, email address and a password will be recorded, and the email address will be verified. The data recorded in the profile will only be used in connection with matching on JANZZ.jobs, will not be able to be called up individually by third parties, and will only be used subject to the provisions of the DSP. The various user categories on JANZZ.jobs are clearly designated with a symbol, so that users can see immediately whether their match partner is, for example, a young adult, (designated with a “Y”), a private individual (designated with a “P”) or a company (designated with a “C”). By activating the relevant function in his profile, the user accepts the sending of email notifications at the intervals defined (daily or weekly; the longest period available for selection is six months) and the periodic sending of information on new services from the OPERATOR. The type and intervals of email notifications may be changed at any time.
   
5. JANZZ Finder
   The JANZZ FINDER is a function of JANZZ.jobs, available via the website to all, including users who are not registered. In order to be able to show the relevance and extent of JANZZ.jobs, possible JANZZs are shown on the basis of a summarised match, and all or part of the relevant PUBLIC PROFILES displayed. As the matches only serve as examples and visitors do not have to be logged into the website, no further use, such as making contact, is possible. For this reason, JANZZs displayed in the JANZZ FINDER are not displayed as matches to the other party. The PUBLIC PROFILE is to a very great extent determined by the user and it is recommended that PUBLIC PROFILES are examined to ensure that they do not contain any data which the user wants to protect or keep confidential. The user is also responsible for ensuring that he cannot – unless he specifically wishes it or accepts it – be identified by the specific combination of data in the PUBLIC PROFILE.
   
6. Payment data
   The use of JANZZ.jobs is subject to payment. If the subscription fee is paid by credit card or other form of payment, the payment is made via a link to the website of the financial service provider in question. The OPERATOR does not become aware of or save any payment data, but is notified by the financial services provider of the payment status, so that the JANZZ.jobs services requested by the participant can be activated. By choosing a payment form, the participant accepts any general terms and conditions of business and data protection provisions of the financial services provider in question and, to the extent that this is legally permissible, releases the OPERATOR from all liability and guarantee.
   
7. The saving and release of documents and other objects
   The user has the option of saving documents and other objects (e.g. samples of work, publications, URLs, etc.) in his profile and in the case of a match, may decide to disclose these to the other party. The saving of objects with improper, indecent or prohibited content, or objects contaminated with computer viruses, trojans etc., is forbidden. The OPERATOR expressly reserves the right, if information is received of a breach of this provision, to inspect the objects saved on JANZZ.jobs, to delete them without warning, or to block the user accounts in question. The OPERATOR does not accept any responsibility for documents, objects or links uploaded by a user and released to another user following a match. In particular, the OPERATOR expressly draws attention to the fact that users themselves are responsible for ensuring reasonable protection of their computer systems against viruses, trojans, etc.
   
8. The determination and publication of JANZZs
   JANZZ.jobs offers users the opportunity, within the scope of their authorisation, to determine, publicise, suspend and, if required, reactivate or deactivate various JANZZs. Before publication, the user must define the criteria for release of the data, and in so doing expressly declares agreement to PUBLIC PROFILES of JANZZs being visible in the JANZZ FINDER on the JANZZ.jobs website, including to unregistered visitors. Although the OPERATOR takes measures to protect data against unauthorised access or unreasonable use by third parties, the OPERATOR does not check these third parties. The OPERATOR is therefore not responsible for the use of data provided in PUBLIC PROFILES or otherwise made accessible by the user. The user must therefore take care to ensure that he does not include in his PUBLIC PROFILE any personal data, especially regarding special categories of such data (e.g. religion, worldview, political or union affiliations, health, private life, ethnicity or administrative/criminal prosecution or sanctions) or personality profiles he particularly wants to protect.
   
9. Matching
   Matching on JANZZ.jobs is carried out on the basis of a procedure which enables a comparison between the JANZZ properties offered and sought and, on the basis of a weighted linking of factors, enables an evaluation of the Match Factor to be carried out, without limitation by language. If the minimum matching threshold set by both users is exceeded, the match will be displayed to both users. Once a match has been produced, the users are free to contact one another and, via JANZZ.jobs, reveal additional information or exchange details in other ways. The user retains control over which data they disclose to the match partner. The OPERATOR cannot accept responsibility for the respecting of confidentiality or data protection by a match partner. Where appropriate, a confidentiality declaration should be concluded between the user and the match partner before information is disclosed.
   
10. Improvement of the definitions system
    The professional data recorded by the user (professional designation, specialism, specialist knowledge, etc.) is entered on input into the definitions system behind JANZZ.jobs (“DEFINITIONS SYSTEM DATA”). The data captured by the user may be subsequently changed, added to, translated etc. by the OPERATOR, thereby supporting the continuous and largely automatic ongoing development of the JANZZ.jobs matching procedure. The DEFINITIONS SYSTEM DATA cannot be related to a specific profile and is not removed if the user data is deleted. The user declares his express agreement to this use of the data.
    
11. The use of data
    The OPERATOR uses the data collected on the website in order to provide its services, to respond to enquiries from users and to operate and improve the website. By registering with JANZZ.jobs, the user agrees to the OPERATOR using his data:
    
    to enable him to set up an account;
    to enable him to draw up profiles and publish JANZZs and, following
    matching, to make contact with a match partner;
    to inform him of updates to JANZZ.jobs, to send him information and service-related notifications, including important security updates;
    to send him additional notifications and information and to inform him of offers and future services;
    to put him in a position to give the OPERATOR feedback, to contact the OPERATOR and allow the OPERATOR to respond to him;
    to provide and continually improve the JANZZ.jobs DEFINITIONS SYSTEM DATA and matching procedure;
    to carry out surveys, questionnaires, campaigns and competitions and present the results, such as success stories and competition winners; and
    to be able to compile internal reports on the use of JANZZ.jobs;
    
    The OPERATOR shall not use the data for marketing purposes and shall not sell or lease the data provided by the user to third parties without permission from the affected user or otherwise make such data available outide the terms of the DSB or the terms and conditions. The OPERATOR is permitted to anonymise the data and then copy, process, use, publish and pass it on, especially for academic and statistical purposes. The OPERATOR is permitted to contact the user in connection with any matters that affect the user’s activities on JANZZ.jobs, e.g. via email.
    
12. Storage and deletion of data
    The OPERATOR shall save the user’s data for as long as is necessary for the use of JANZZ.jobs. The user has the opportunity at any time to delete, overwrite or deactivate data which he has provided. The deleted or edited data can be restored within 30 days, after which the final deletion process shall begin and the data can no longer be restored. The OPERATOR reserves the right to keep data available as long as it is believed that this is necessary in order to fulfil applicable legal regulations.
    
13. Advertising
    The participants finance JANZZ.jobs through their subscription fees, and the OPERATOR does not place third-party advertising on JANZZ.jobs. This ensures that JANZZ.jobs is not under commercial pressure to release data or evaluations.
    
14. Log file
    When accessing JANZZ.jobs, the general access data is saved in a log file for the purpose of compiling statistics. This log file contains, among other things: IP address, date and time of access, User ID used, files called up, access status (OK, partial content, document not found, etc.), websites referred to, web browser used, operating system used. The OPERATOR uses this data for statistical and technical analyses and in anonymised form, for example to optimise the server infrastructure or to determine what days are particularly busy in terms of access, in order to be able to draw conclusions on possible improvements to the user interface and functionalities. No personal analyses of this data are undertaken.
    
15. Disclosure of data
    Access to user data is limited to the OPERATOR’s staff and third parties that require access to this data in order to provide services in relation to JANZZ.jobs. Apart from cooperation, essential for the operation of the site, with suppliers and other third parties who are contractually obliged to preserve confidentiality, the OPERATOR only allows third parties access to confidential data if legally obliged to do so, or if obliged on the basis of an official order, as it sees fit following a request from an official body or if it believes in all good faith that this is necessary in order to: (1) comply with legal regulations or legal proceedings; (2) protect its rights or property; (3) expose or prevent an offence or a crime; or (4) protect the personal safety of users or the general public. Users who use a user account associated with a participant account, must accept the disclosure of their own data if the data of the participant or another user account associated with the same participant is disclosed by the OPERATOR on the aforementioned grounds. On the basis of a normal commercial confidentiality agreement, the OPERATOR is also entitled to allow reasonable inspection of the JANZZ.jobs database to third parties who wish to acquire part or all of the business of JANZZ.jobs in any form whatsoever. If the OPERATOR is subject to insolvency proceedings, it or its liquidator, administrator or receiver may sell, license or otherwise dispose of the JANZZ.jobs database in the course of a legal transaction authorised by a court. Where appropriate, the user will be informed by email or by means of a clear notification on login to JANZZ.jobs of any substantial changes in the ownership of JANZZ.jobs.
    
16. Identification and authentication
    The OPERATOR will never ask the user by email for his login data, in particular his password. In the case of support or other enquiries, the OPERATOR is entitled to use appropriate identification and authentication methods, suitable for the enquiry in question, to check as far as possible whether the enquirer is entitled to be given information concerning the account and related data.
    
17. Notification of misuse
    The quality of the profiles and JANZZs collected on JANZZ.jobs are important to the OPERATOR. Should a user have justified doubts about the authenticity of a profile or any JANZZs, or suspects a user of operating under an incorrect user category, or knows of another user behaving unacceptably, he is requested to inform the OPERATOR. To this end, there are notification buttons in JANZZ.jobs, or a user may use the email address report-misuse@janzz.jobs. On receipt, the OPERATOR will seek to clarify the issue to the extent it deems reasonable, and inform the notifying user of the outcome of the case, but without being able to disclose details of the clarification proceedings or of the decision made. Should a user be the target of a notification of misuse, he agrees to an examination of the facts of the case and of the necessary data by the OPERATOR. Without prejudice to official regulations to the contrary or predominant third-party interests, he will be advised before any action is taken of the notification of misuse, with details anonymised, and invited by the OPERATOR to comment on the facts of the case in an appropriate manner. If a notification of misuse is received, the OPERATOR may block access to the user or participant account in question.
    
18. Cross-border publication of data
    In order to ensure reliable data protection and maximum possible data security, the JANZZ.jobs data is stored and processed in a data centre in Switzerland protected by the latest security measures, on dedicated servers of the OPERATOR. The OPERATOR also has a data protection and data security policy, which is expanded, checked and improved on an ongoing basis. JANZZ.jobs is available to users from any country, and it is therefore possible that matches may also be made with users who have their place of residence or domicile outside Switzerland. If data is transfered to a country with insufficient data protection, the OPERATOR (e.g. through suitable contractual obligations) shall ensure suitable data protection. Express reference to section 7.2 of the TCB is made in this context.
    
19. User rights
    The user has the right to find out what data regarding him is processed by JANZZ.jobs at any time, and can request an electronic copy of this data. He has the riht to correct or complete incorrect or incomplete data and can demand that the OPERATOR delete his data. He can also object to the processing of certain personal data and demand that this processing be limited. The user also has the rigt to receive his personal data in a machine-readable format and pass this onto another party responsible for data processing. The OPERATOR shall answer user requests as quickly as possible. User rights may be limited (e.g. information postponed due to technical reasons) if this is legally permissible or necessary due to internal or third party interests. In the case of any questions regarding the processing of data by the OPERATOR, the user can also contact the Federal Data Protection and Information Commissioner (Switzerland’s supervisory body for data protection matters).
    

Requests for information or any other queries to the JANZZ.jobs data protection officer should be sent to the following address:

JANZZ Ltd
attn. JANZZ.jobs Data Protection Officer
Nidelbadstrasse 6
CH-8038 Zurich / Switzerland
dataprotection@janzz.jobs