Blackbull International GmbH Privacy Statement
1. SUBJECT OF THIS PRIVACY STATEMENT
1.1 We are an Executive Search Consultancy. Our core activity is headhunting candidates for permanent employment (hereinafter referred to as “Employees”) or employing independent contractors (hereinafter referred to as “Interim Managers”) as subcontractors on behalf of the companies that instruct us (hereinafter referred to as “Clients”). Employees and Interim Managers are hereinafter referred to collectively as “Candidates”. The publicly accessible area of our website can be accessed by anyone for informational purposes only. Blackbull also hosts its own extranet known as Stella (hereinafter referred to as “Stella”), which can only be accessed by registered Clients and Candidates. Clients and Candidates are also hereinafter referred to collectively as “Users”. Users and persons who visit the publicly accessible area of our website are hereinafter referred to as “Visitors”.
1.2 We are committed to protecting the personal data (hereinafter abbreviated to “data”) of our Visitors. We would therefore like to take the opportunity in the following sections to describe in detail the types of data that we collect from our Visitors when they use our website and when they access our services. We would also like to take this opportunity to describe how we process this data as well as the measures we have put in place to protect this data in technical and organisational terms.
2. RESPONSIBLE AUTHORITY/SERVICE PROVIDER
2.1 The following entity is the service provider within the meaning of the Telemedia Act (TMG), and is responsible within the meaning of GDPR:
Blackbull International GmbH
60325 Frankfurt am Main, Germany
Management: Sven Wesley Guk-Hyong Herget and Fatih Ayar
Telephone: + 49 69 254246-100
Fax: +49 69 254246-199
Register court: Frankfurt am Main HRB 102499
(Hereinafter referred to as “Blackbull International”)
Our website is hosted by
1&1 IONOS SE
Elgendorfer Str. 57, 56410 Montabaur, Germany
Tel: +49 800 850 55 55
Fax: +49 721 960 8007
Register of Companies: District Court of Montabaur / HRB 24498
1&1 IONOS SE's Data Protection Officer is:
1&1 IONOS SE
FAO: the Data Protection Officer
Elgendorfer Straße 57, 56410 Montabaur, Germany
2.2 Please send any questions or comments regarding this Privacy Statement or general enquiries regarding data protection to the following e-mail address: contact@blackbull-international·com
3. COLLECTING AND USING DATA
3.1 How we collect and use your data varies depending on whether you are a Visitor who accesses our website as a means of retrieving information or you are a User who makes use of the services offered through the Stella platform.
3.2 Informational use
3.2.1 It is generally not necessary for Visitors to provide data when accessing our website for informational purposes only. In this case, we only collect and use data that is automatically shared with us by the Visitor's internet browser, such as:
- The date and time of the request
- Your browser type
- Browser settings
- The operating system you used
- The last site you visited
- The volume of transferred data and the User’s access status (file transferred, file not found, etc.) as well as
- Your IP address.
3.2.2 When Users access our website for informational purposes only, we collect and use this data in order to grant the Visitor making the HTTP request with access to the resource, for statistical purposes, and to improve the content of our website. We only store the IP address for the duration of the respective visit. This data is not evaluated with reference to individual persons. We collect and process Candidates' data that is necessary for the performance of a contract to which the data subject is party in accordance with Art. 6 (1) (b) GDPR
3.3 Using Stella
3.3.1 Data collection
If a User wishes to make use of the services offered by Stella, they are required to register and provide further data. The data that is collected is necessary for the purposes of registration and using the respective service.
- For Candidates, this includes their name, address, and other contact details, their email address, telephone number as well as the details required for applications for the respective job vacancy. These include the Candidate’s title, their date of birth, details of their education as well as their previous experience, qualifications, interests, language skills, university degrees, as well as any other data required for the respective vacancy. Mandatory information is marked as such on the registration form. It will not be possible to complete your registration unless these mandatory fields are completed.
- For Clients, these are essentially the contact details of the persons involved in the recruiting process as well as the name and registered company address of the Client.
3.3.2 Purpose of processing and legal basis
- Data is collected from Candidates and then processed so that the respective data can be disclosed to the Client with whom the Candidate has applied for a position. This data is stored and can only be viewed using the Stella platform by the Client to whom the Candidate has submitted an application. Data may be shared with a Client whose registered office is located in a country outside the EU or the EEA or with a Client belonging to an international organisation. Please note data may also be shared with Clients who do not have the same levels of data protection as those available in EU or the EEA. In such cases, we will inform the Candidate in advance whether the EU Commission has decided that the Client in question has an adequate level of data protection for data to be shared with them. In the absence of adequate levels of data protection, we will inform the Candidate of the appropriate adequate safeguards for data protection in place at the Client's business address, advise them whether it is possible to obtain copies thereof or advise them where such safeguards can be accessed.
- Candidates' data is collected and processed in accordance with Art. 6 (1) (b) GDPR, for the performance of a contract to which the Candidate is party, or, in the case of Interim Managers who have concluded a separate contract with Blackbull International, for the execution of this contract. In the event that data is shared with Clients whose company is located in a country outside the EU or the EEA or with Clients belonging to international organisations, please note that it is necessary to share data in this way when using the Stella platform and that all such data is shared in accordance with Art. 49 (1) (b) GDPR.
- In the case of Candidates who have given separate consent for this, the data will continue to be stored beyond the purpose described in Clause 1 above, and may be processed and used in future by Blackbull International so that they can ascertain whether the Candidate is suitable for future vacancies and so that they may contact them about such vacancies. Processing data in this way is lawful and compliant with Art. 6 (1) (a) GDPR.
- In the case of Interim Managers who have given separate consent for this purpose, the data will also continue to be stored beyond the purpose described in Clause 1 above, and this will be used to create a job profile containing the Interim Manager’s professional qualifications, skills, and education. Please note that such profiles are designed in such a way that the specific data subject cannot be identified without additional information being provided. These profiles can only be viewed by Clients. Please note, however, that any further data that identifies a specific Interim Manager will only be shared with an interested Client if that Interim Manager has expressly consented to this. Processing data in this way is lawful and compliant with Art. 6 (1) (a) GDPR.
- Candidates’ data will also be shared with other service providers whose function is to support the controller. These service providers have been carefully selected and shall only process the data for the purpose specified here and only when we instructed to do so. These may be technical service providers or service providers supporting us in a variety of ways. We have entered into contracts with all such service providers regarding how commissioned data is to be processed in accordance with Art. 28 GDPR.
- We collect and process our Client's data for the purposes of implementing the contract and using Stella as well as for the purpose of entering into a separate contract with the Client for recruiting staff. The data essentially include contact details for the Client’s employees who are entrusted with the recruiting process for the respective open position.
- We collect and process Client data in accordance with Art. 6 (1) (b) GDPR, so that we may enter into contractual agreements or take steps at the request of the data subject prior to entering into any contractual agreements.
- Please note that Client data is also shared with other service providers who may support us, and who we confirm have been carefully selected. These service providers only process this data for the purpose specified here and on our instructions. These may be technical service providers or service providers supporting us in a variety of ways. We have entered into contracts with all such service providers regarding how commissioned data is to be processed in accordance with Art. 28 GDPR.
Data that is only stored on the basis of consent in accordance with Art. 6 (1) (a) GDPR will be erased if the User withdraws consent, unless there are other legal grounds for storing the data; Other data will only be stored for as long as they are needed, unless legal retention periods to the contrary exist.
5. RIGHTS OF THE DATA SUBJECT
The data subject reserves the right to obtain from the controller confirmation that personal data concerning him or her is being processed and, if this is the case, the data subject reserves the right to obtain information in accordance with Art. 15 GDPR in connection with Section 34 of the Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG).
The data subject reserves the right to have any data collected by the controller rectified in accordance with Art. 16 GDPR.
The data subject reserves the right to obtain from the controller the erasure of personal data concerning him or her in accordance with Art. 17 GDPR in connection with Section 35 of the Federal Data Protection Act (BDSG).
5.4 Restriction of processing
The data subject reserves the right to obtain from the controller restriction of processing data in accordance with Art. 18 GDPR.
5.5 Right to withdraw and object
5.5.1 Please be advised that the data subject reserves the right to withdraw his or her consent at any time and the controller shall no longer process the personal data once consent has been withdrawn.
5.5.2 The data subject may also object at any time to having user profiles created by the controller for advertising and market research purposes - within the scope of this Privacy Statement - and for the purpose of improving our website content.
5.6 Exercising rights in accordance with Clause 5.1 to Clause 5.5
If a data subject wishes to exercise any of their rights under Clause 5.1 to Clause 5.5, they may contact us informally using the contact details set out in Clause 2.1 above.
The data subject reserves the right to lodge complaints regarding data protection with the supervisory authority in accordance with Art. 57 (1) (f) GDPR.
6.2 Except for the cookies described in Clause 7, we only use so-called session cookies (also known as temporary cookies), i.e.: cookies that are only temporarily stored for the duration of your session on one of our websites. We use these cookies to continue to identify your computer during a visit to our website, when you switch from one of our websites to another, and to be able to determine when your session has ended.
6.3 Cookies are deleted as soon as you end your browser session.
6.4 You can decide whether cookies are enabled and manage whether they can be retrieved using the settings in your browser. You can, for example, completely deactivate the storage of cookies in your browser, limit it to certain websites or configure your browser so that it automatically notifies you as soon as cookies are requested and asks you to confirm your settings. However, for technical reasons, you will need to enable the aforementioned session cookies to be able to access the full range of functions for our website.
6.5 We do not collect or store personal data in cookies in this context. We also do not use techniques that link information generated by cookies with user data.
7. USE OF GOOGLE ANALYTICS
7.1 We believe that it is important to be able to design our sites as optimally as possible and, in so doing, make them attractive for our Visitors. So that we can do this, we need to know which parts of our sites our Visitors receive and how they receive them.
7.3 The IP address shared by the Visitor's browser as part of Google Analytics will not be merged with other Google data.
7.4 Google is certified in accordance with the EU-US Privacy Shield. The EU Commission has deemed the EU-U.S. Privacy Shield Framework adequate to enable data transfers under EU law (adequacy determination).
7.6 In addition, the Visitor can prevent how data generated by the cookie and related to website use by the respective Visitor (incl. your IP address) is used and processed by Google by downloading and installing the browser plug-in available from the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
7.8 Please note that we have added the code "anonymizeIp" to Google Analytics on this website to ensure that IP addresses are collected anonymously.
7.9 The legal basis for the processing of data using Google Analytics is Art. 6 (1) (f) GDPR, which permits the processing of data for a legitimate purpose by the controller, unless the interest or fundamental rights and freedoms of data subjects prevail. Our legitimate interest, and the purpose for processing your data, is to design and improve our website content to best meet your needs.
8. USE OF XING PLUG-INS
8.1 We use a plug-in provided by the social network XING of XING SE, Dammtorstraße 30, 20354 Hamburg, Germany (hereinafter referred to as "XING") on our platform "Stella". This enables the User, provided that they have previously registered for Stella and are also registered with XING, to also log in to Stella with their XING usage data. A connection to XING servers is not established when you request the Stella log in page, which is available using the XING plug-in. Therefore, there is no data is shared between us and XING or between XING and us. It is only when the User activates the XING plug-in by clicking on it that they consent to share data. By clicking on the plug-in, the User creates a connection to XING's servers and allows data to be shared, as described in greater detail below.
8.2 Your browser establishes a direct connection to XING’s servers when you click on the XING plug-in. This informs XING that the User's browser has accessed the corresponding page, even if the User is not logged in to XING. This information (including the User's IP address) is then shared with a XING server by the User's browser and stored on this server.
8.3 The User can enter his or her XING login data in a window will appear once they have clicked on the XING plug-in. The User can then consent to sharing the following data with us:
- E-mail address
- Profile picture as URL.
XING will only share the data released by the User with us if the User agrees to sharing data by clicking the corresponding button in the displayed window.
8.4 Blackbull only stores User data shared by XING that the User has already provided during the registration process and this data is only stored for purpose of using Stella, as described above in Clause 3.3.
9. DATA PROTECTION
We use appropriate technical and organisational security measures to protect the data we process. To this end, the protection objectives outlined in Article 32 (1) GDPR, such as confidentiality, integrity, availability and resilience of the processing systems and services regarding the type, scope, circumstances and purpose of the processing are taken into account to ensure that data is adequately protected.