(a) Processing Personal Data for Purpose 3.1(c) and, in certain circumstances, for Purpose 3.1(b); and
(b) in any event when the Data Subject is using Checkster's services for its own purposes.
Data Subjects for the purpose of this policy include all identified or identifiable natural persons about whom Checkster holds Personal Data.
Data Processor means the organization which Processes Personal Data on behalf of the Data Controller. When Processing Personal Data for Purpose 3.1(a) and, in certain circumstances, for Purpose 3.1(b), Checkster will be acting as Data Processor on behalf of Checkster's customer unless the Data Subject is using Checkster's services for its own purposes.
Personal Data is any data relating to a living individual which allows the individual to be identified, whether from that data alone, or in combination with other information which is in the possession, or likely to come into the possession of Checkster. A description of the Personal Data is set out in Schedule 1;
Processing means any operation or set of operations which is performed upon Personal Data or sets of Personal Data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of Personal Data.
Sensitive Data means, among others, Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, and the Processing of data concerning health or sex life.
3. Collection and Use of Personal Data
Checkster may Process Personal Data for the following purposes, upon instruction of the Data Controller (the Purposes):
(a) In order to provide its services;
(b) Operate, administer and optimize its website and to diagnose problems with its website;
(c) Direct marketing purposes so that Checkster may provide the Data Subject with information about products and services that may be of interest to the Data Subject. The Processing of Personal Data for direct marketing purposes will only be done, after explicit consent of the Data Subject.
Personal Data relating to any user of Checkster's services (Checkster user) will be collected from the Checkster user himself, from Checkster's customer (if the Checkster user is not himself a Checkster customer for his own purposes) or from any individual who has been designated by the Checkster user as a possible rater.
Personal Data relating to raters will be collected from the raters themselves or from a Checkster user.
Checkster shall only Process Personal Data to the extent that is relevant for the Purposes. Given that no Sensitive Data are required to achieve any of the Purposes Checkster will not Process Sensitive Data and Checkster invites anyone using its services (whether as a Checkster user, as a rater or otherwise) to refrain from sharing with Checkster any Sensitive Data about themselves or other individuals.
4. Timely Processing
Checkster shall retain Personal Data in a manner consistent with the applicable data protection laws and regulations. In any event, Personal Data shall not be kept longer than is necessary for the Purposes, unless the data are required to be kept longer by law. If Checkster is acting as a Data Processor, the duration of this term will be determined by the Data Controller.
5. Rights of the Data Subject
Each Data Subject has the right to access the Personal Data that the Data Controller holds about him or her and to request rectification or erasure of the Personal Data or restriction of Processing of Personal Data concerning the Data Subject or to object to the Processing of such Personal Data as well as the right to data portability. If Checkster is not the Data Controller:
(a) Checkster will pass the request on to the Data Controller; or
(b) the Data Subject may also contact the Data Controller directly. The contact details of the Data Controller will be mentioned in the initial e-mail that the Data Subject receives, inviting him or her to use the services of Checkster.
The Data Subject has a right to lodge a complaint to the competent supervisory authority if he or she deems that Checkster is Processing his or her Personal Data in violation of any applicable data protection laws and regulations. However, Checkster strongly encourages Data Subjects to contact Checkster for any complaints or queries (see section 10 for our contact details) prior to lodging any complaints to the competent supervisory authority.
The Data Subject shall have the right to object, on grounds relating to his or her particular situation, at any time to the Processing of Personal Data concerning him or her. The Data Controller shall no longer Process the Personal Data unless the Data Controller can demonstrate compelling legitimate grounds for the Processing which override the interests, rights and freedoms of the Data Subject or for the establishment, exercise or defense of legal claims. When Checkster is not the Data Controller:
(a) any objection to the Processing of Personal Data received by Checkster will be passed on to the Data Controller; or
(b) the Data Subject may also contact the Data Controller directly to object to the Processing of his or her Personal Data. The contact details of the Data Controller will be mentioned in the initial e-mail that the Data Subject receives inviting him or her to use the services of Checkster.
If we Process Personal Data for direct marketing purposes, the Data Subject shall have the right to object at any time to the Processing of Personal Data concerning him or her for such marketing purposes.
6. Data Security
Checkster shall ensure that appropriate technical and organizational security measures are taken against unlawful or unauthorized Processing of Personal Data, and against the misuse, destruction, disclosure, acquisition, accidental loss of, or damage to Personal Data.
7. Disclosure of Personal Data
If it is appropriate to achieve any of the Purposes Checkster may share the Personal Data with the following categories of recipients:
(a) Checkster will disclose Personal Data with Checkster's customers.
(b) Checkster may share Personal Data with a subsidiary or parent company.
(c) Checkster may also share the Personal Data with external providers of IT related services.
8. Transfer of Personal Data to a third country
Since Checkster is located outside the European Economic Area, Checkster and Checkster's customer have ensured that any transfer of Personal Data will be conducted in compliance with the applicable data protection laws and regulations. Checkster and Checkster's European customer have concluded a contract (or signed a Model Clause) for the transfer of Personal Data to non-EU/EEA countries, containing the standard contractual clauses approved by the European Commission. A copy of this contract is available upon request.
Checkster shall not transfer Personal Data to countries outside the European Economic Area that do not provide an adequate level of protection unless such transfer is necessary for the Purposes, in which case Checkster shall ensure that the transfer will be conducted in compliance with the applicable data protection laws and regulations.
Global Clients will either store their data in Europe or sign a Model Clause with Checkster.
8.3 General Data Protection Regulation European Representative
Pursuant to Article 27 of the General Data Protection Regulation (GDPR), Checkster Inc. has appointed European Data Protection Office (EDPO) as its GDPR representative in the EU. You can contact EDPO regarding matters pertaining to the GDPR by:
In compliance with Article 37 of the GDPR, Checkster is working with CMS (Cameron McKenna Naborro Olswang LLP) Legal, a multinational law firm, for all matters regarding international data privacy. For any questions or concerns about Checkster’s personal data policies or practices, you may contact CMS, our appointed Data Protection Officer, at:
The following cookies are used on this website:
— User-input cookies: these are session cookies that are used to keep track of the user's input. They are required in order for the website to work properly. They are temporary files, which are erased when you close your browser.
— Authentication cookies: these are session cookies that are used to identify the user once he or she has logged in. These cookies are needed to allow users to authenticate themselves on successive visits to the website and gain access to authorized content. They are temporary files, which are erased when you close your browser.
— Google Analytics: Google Analytics is used to track visitors’ usage of the website (how much time spent on the website, the areas visited, etc.). This helps us understand how visitors interact with our website, which allows us to improve the overall functionality. Google Analytics is not necessary for the proper functioning of the website.
Checkster does not use any third-party cookies or flash cookies.
— Chrome: https://support.google.com/chrome/answer/95647?hl=en;
— Internet Explorer: http://windows.microsoft.com/en-US/windows-vista/Block-or-allow-cookies and http://windows.microsoft.com/en-us/internet-explorer/delete-manage-cookies#ie=ie-11-win-7;
— Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences?redirectlocale=en-US&redirectslug=Enabling+and+disabling+cookies and https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored;
— Safari: http://support.apple.com/kb/index?page=search&fac=all&q=cookies%20safari).
For any privacy issues, questions or complaints concerning the application of this Policy or to exercise your rights of access or rectification within the context of this Policy, individuals may contact the Checkster support team at firstname.lastname@example.org.
If, for whatever reason, you believe you have been subject to a personal data breach through Checkster, you may submit details to email@example.com.
Schedule 1: DESCRIPTION OF PERSONAL DATA
We may collect the following Personal Data:
- IP Address;
- Full name;
- Postal Address;
- Phone Number;
- E-mail Address;
- Financial information (i.e. Credit card numbers or passwords);
- For raters: title, current employer, past employer and relation with candidates and any other Personal Data that might be provided in a rater review;
- For employment verification: past salary of candidate, reason for leaving and any other Personal Data that might be provided in a rater review;
- Demographic information (i.e. information that you submit, or that we collect, that is neither personal information nor financial information, this may include, zip code, postal code, username, purchase history information, browsing history information, searching history information, registration history information.