1. Data processing notice
2. Purpose of processing the data
kessler.vogler processes personal data for the purposes of initiating contract negotiations, job application processing, acting as an employment agency for the procurement of permanent positions with customers of kessler.vogler, for the processing of employment relationships in staff leasing arrangements or internal hiring at kessler.vogler. We also use personal data to manage our relationship with you and for communication purposes, including to send out newsletters and invitations to events, training programmes or lectures, and to update our contact list. Subject to prior agreement, an applicant authorises kessler.vogler to contact former employers and other sources of references. The data thus obtained is also processed by us.
3. Legal basis for data processing
The legal basis for our processing of data is provided by the Swiss Federal Act on Data Protection (FADP), the Swiss Employment Services Act (ESA), the Swiss Employment Services Ordinance (ESO) and the EU General Data Protection Regulation (GDPR). The FADP, ESA and ESO are applicable in all cases. The GDPR, on the other hand, is applicable only where so provided for the specific case.
Our processing of personal data for the purposes described hereunder is justified, among other things, by 1) your own interest in initiating contract negotiations, processing of the job application process, the procurement on your behalf of a permanent position with customers of kessler.vogler, in case of handling an employment relationship through staff leasing or internal hiring, 2) your express consent or, to the extent permitted by law, your implied consent and 3) our legitimate interest in maintaining and managing the business relationship and keeping you informed, as a business contact, of our operations and events.
4. Which personal data is stored?
You supply us with your personal data of your own free will when you apply for a position with us or with one of our customers, when you send us your personal dossier separately from an application, or when you sign up for a newsletter or otherwise contact us. In certain cases, in addition to such personal data, we process information from publicly accessible sources such as online media (or platforms such as Xing or LinkedIn) and employer-websites in order to confirm your background and current position. In some cases, such publicly accessible information is our only source of the personal data that we process.
In particular, the following categories of data will be stored:
Contact details (e.g., full name, postal address, e-mail address, telephone and fax number[s], nationality, date of birth)
Job preferences (e.g., desired position, function, sector, form of employment)
Education and training, professional experience (including your former employers), special expertise
Application documents (e.g., certificates of employment, letters of recommendation, resume, photo, work permits) and other information about you and your skills
Technical information, such as your IP address or other information we receive when you visit our website
Information about meetings with us and their subject matter
For employees in staff leasing arrangements, we store supplementary data needed for personnel administration: salary and bank account details, AHV (pension insurance) number, working hours, holidays, accident and sickness reports, etc.
5. How is the data processed and stored?
kessler.vogler is a Swiss company and collects and stores data on servers in Switzerland. We sometimes create a physical customer file, too, e.g., when you sign a contract with us. Your data will not be sold or made available to others, especially not to unauthorised third parties. Third parties commissioned by us to perform certain tasks according to our instructions may have access to personal data in their capacity as data processors, such as IT service providers performing tasks related to hosting, database management, website management, maintenance services and web analytics, as well as handling incoming queries and data analysis, including software for personnel service providers used to store data on a server in Switzerland.
We require such third-party service providers to implement and maintain security measures to protect the confidentiality and security of the data that you entrust to our care and to collect, process and use personal data only as instructed by us and as contractually agreed.
6. Sharing of certain data
After obtaining your consent, we may share your personal data with our clients and data processors of kessler.vogler for the purpose of our business activities, especially for providing our services, i.e., finding a suitable position for you, including by means of our back-office and CRM tools. Possible recipients may thus e.g. include potential employers (companies, personnel department employees, managers) or [employment] agents working for such potential employers. The contractors hired by us are contractually bound to maintain confidentiality and comply with the applicable data protection provisions.
The registered office or HR department of some of the clients and contractors to which kessler.vogler may forward your personal data when providing its services may sometimes not be located in either Switzerland or an EU Member State, so that they may not have the same standards of security as in Switzerland and in the EU. Your data will be forwarded in strict compliance with the applicable data protection provisions for the sole purpose of providing our services. Please note that we cannot know the place of data storage used by each contractor or client to which we forward your data in your interest. Although we take all legally required and practically feasible measures required to protect your data, we cannot guarantee that after such forwarding your data will be stored in a place with the same standard of security as in Switzerland or the EU.
Even in the case of government agencies and institutions that have the right to demand disclosure, kessler.vogler will disclose your data only to the extent required by law or disclosure order issued by a final judicial decision.
7. Data security
We use appropriate technical and organisational measures to protect your personal data against loss, destruction, unauthorised access, and modification or dissemination of such data by unauthorised third parties. We also review of our security policy and procedures on a regular basis to ensure that our systems are secure.
8. What steps do we take in case of data theft?
In case of data theft, the competent authorities of the Canton of Zurich and the data subjects are informed immediately.
9. Use of anonymised data
To continually optimise and organise our website to meet your needs, we use various web analytics services and functions providing us with anonymised data, such as the user’s IP address, the data consulted on our website, the location of the user’s device (provided the locating function is enabled), the type of device, etc. Your data may possibly be sent to the USA in this context. From the user’s perspective, it is important to know that the European Commission has adopted an adequacy decision according to which there is an adequate standard of security for data transmissions to the USA.
Please note that the website www.kessler.vogler.ch uses Google Analytics, a web analytics service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 (USA), whose parent corporation is the holding company Alphabet Inc, likewise domiciled in the USA. Google Analytics uses a specific form of cookies allowing us to analyse your usage of our website. The resulting information that we obtain is generally transmitted to a Google server in the USA and stored there. Since IP anonymising is enabled on our website, your IP address will be truncated by Google prior to transmission. It is only in exceptional cases that the full IP address will be transmitted to a Google server in the USA and truncated there upon arrival. Google will use such information on our behalf to evaluate your use of the website, compile reports on website activities and provide us with additional services related to website and internet usage. According to Google, the IP address will never be associated with other user-related data.
10. Use of especially sensitive personal data
When we talk over the telephone or in person, or when you send us application documents, we may receive sensitive data from you (e.g., concerning your health, criminal record or debt collection register entries, religion, etc.). You hereby expressly consent to our processing of such personal data if necessary for the purposes of our business activities.
11. Continued use of data after the end of the business relationship
Even after the end of business relationships, your data may continue to be processed to enable us to advise you on future career planning, offer you possible job opportunities and interesting job vacancies, so that we can prepare and you can sign new employment contracts. In so doing, we comply with the statutory retention periods. If your consent is or was required by law for such processing, you may revoke it any time, without prejudice to any statutory provisions requiring us to retain certain items of data.
12. Who has access to the data?
Your personal data is accessible to all kessler.vogler’s employees and external service providers (IT Host, Back-Office, CRM, trustees, etc.). We select such service providers carefully, require them to commit to process data in compliance with the applicable laws, and monitor them.
13. What are the data subject’s rights?
You have the right, at any time, to view and/or receive information about your personal data stored by kessler.vogler (right to information), to rectify any false or supplement any incomplete stored personal data (right to correction/rectification), to delete your stored personal data (right to deletion) and/or restrict the processing thereof (right to restriction of processing).
In addition, you have the right to revoke your declaration of consent and to have your data transferred to you or to another data controller, providing the data processing is or was permissible exclusively on the basis of your consent. Any such revocation shall be without prejudice to the legality of such processing as was completed based on your consent, which shall not become unlawful because of the subsequent withdrawal of consent.
14. Deletion of data upon expiry of limitation period
The data is generally deleted as soon as it has served the purpose for which it was collected. For example, the data is deleted upon expiry of the limitation period commencing at the time of its most recent use, or when it can no longer serve a future purpose, e.g., if you move outside kessler.vogler’s geographical area of activities and kessler.vogler is informed of that fact.
16. Right to complain
To the extent provided for by the relevant statutory provisions, you have the right to complain to a supervisory authority if you believe that your personal data is being processed in an unlawful manner.
17. Who is responsible for data protection (data protection officer) at kessler.vogler
Peter Vogler (firstname.lastname@example.org / +41 43 305 00 35)
Emanuel Kessler (email@example.com / +41 43 305 00 33)