Privacy Policy

WWW.OCCUPOP.COM PRIVACY AND COOKIES POLICY (last modified on 25.02.2020)

This Privacy and Cookies Policy (the "Policy") refers to the website, www.occupop.com and any Occupop mobile application through which the user (either “you”, or “user”) access our website or services and any Occupop platform (the"Website"). The Website is operated by BidRecruit LTD trading as Occupop ("we", “our” or “Occupop"), whose principal place of business is at Unit 7 Richview Office Park, Dublin 14.

In this Policy, the term “personal data” means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, our possession, and includes personal data as described in Data Protection Legislation (as defined below).

We collect personal data from you as individuals in two different ways depending on whether you are a user of our services (a "Client") or you are applying for a job with our Client (an “Applicant”).In the first instance, we collect personal data from you, as a Client when you register for our services, including your name, address and email address (“Registration Data”). We are the data controller in respect of the Registration Data. Where we are the data controller in respect of the Registration Data all of the provisions of this Policy apply to you as the Client and to the Registration Data.

In the second instance, we collect, on behalf of our Client, personal data from you as an Applicant including your name, address and all personal data appearing on your curriculum vitae when applying for a job through any Occupop platform (“Applicant Data”). We are acting as a data processor in respect of the processing of the Applicant Data on behalf of our Client (with whom the Applicant has applied for a job) and we are obtaining consent from you to process your Applicant Data on behalf of our Client.

We only process the Applicant Data in accordance with the instructions we receive from the data controller, the Client, pursuant to an agreed set of data processing terms. We will only share the Applicant Data with the data controller. If the Applicant wishes to exercise any data subject rights set out in paragraph 7 of this Policy, the Applicant should contact the data controller directly (i.e. the company that the Applicant is applying to for a job). In relation to any serious data breach of the Applicant Data we will notify the data controller of the Applicant Data in accordance with our agreed data processing terms with that data controller and Data Protection Legislation (as defined below).

Please read the following carefully. As a Client, entering into this Website and providing your consent to our use of your personal data in accordance with the terms of this Policy indicates that the user has reviewed this Policy and has agreed to be bound by it. As an Applicant, submitting your Applicant Data through any Occupop platform indicates that the Applicant has reviewed this Policy and has agreed to be bound by it.

Both the Client and Applicant will be required to expressly accept and consent to this Policy before we process your personal data. The Client must provide consent when registering for our services. The Applicant must provide consent, which we collect from the Applicant on behalf of the data controller,to the terms of this Policy when he/she submits an application form through any Occupop platform. We will keep a record of your consent in this regard.

If you, as the Client, do not agree to these terms you should not subscribe for our services. If you, as the Applicant, do not agree to these terms you should not submit your Applicant Data to us. If, as the Applicant, you no longer consent to our processing of your personal data, you should notify the data controller of the Applicant Data that you no longer consent to the processing of your Applicant Data.  

1.            WHAT  INFORMATION DO WE COLLECT?

We fully respect your  right to privacy in relation to your interactions with the Website and  endeavour to guarantee to be transparent in our dealings with you as to what  information we will collect and how we will use your information. Also, we  only collect and use individual user details where we have legitimate  business reasons. Information in relation to personal data collected by Irish  entities is available on www.dataprotection.ie, the website of the Irish Data Protection  Commissioner (“DPC”).

We will handle your  personal data in accordance with Data Protection Legislation. “Data Protection Legislation” means  the Data Protection Acts 1988 and 2003 and Directive 95/46/EC, any other  applicable law or regulation relating to the processing of personal data and  to privacy (including the E-Privacy Directive), as such legislation shall be  amended, revised or replaced from time to time, including by operation of the  General Data Protection Regulation (EU) 2016/679 (“GDPR”) (and laws implementing or supplementing the GDPR).

We only collect and use Client  Data and Applicant Data where we have your consent to do so, or it is  necessary for the performance of a contract between us and the Client, or it  is necessary for our legitimate interests and where we are legally entitled  to do so under Data Protection Legislation. Where you have provided your  consent to our collection and use of your personal data, you are entitled to  withdraw such consent by notice to us.

 

2.            HOW  DO WE COLLECT INFORMATION FROM YOU?

IP addresses

We collect IP addresses  from visitors to our Website (an IP address is a number that can uniquely  identify a specific computer or other network device on the internet). This  allows us to identify the location of users, to block disruptive use and to  establish the number of visits from different countries. We analyse this data  for trend and statistics reasons, such as which parts of our Website users  are visiting and how long they spend there.

 

Cookies

A cookie is a small text file that is  placed on your hard disk by a web server which enables a website and/or mobile  app to recognise repeat users, facilitate the user's ongoing access to and  use of a website and/or the mobile app and allows the website and/or mobile app  to track usage behaviour and compile aggregate data that will allow content  improvements and targeted advertising.

We collate information  on all the Website traffic that is represented in aggregate format through  cookies. We use third parties such as Google Analytics to collect user  information, including through the use of cookies (flash and non-flash) and  web beacons.  They help us to improve the Website and to deliver many of  the functions that make your browser experience more user  friendly.   You can find a list of cookies we use and the purposes  for which we use them in the tables below. A cookie  will not provide us with personal data, therefore if you have not supplied us  with any personal data you can still browse the Website anonymously.

 

First party cookies:

Google Analytics

HubSpot

Intercom

 

Third party cookies:

You should also be aware  that there are cookies which are found in other companies' internet tools  which we are using to enhance the Website. You will see ‘social buttons’ on  the Website, including but not limited to Twitter, YouTube, and Facebook  which enable you to share or bookmark certain web pages.  These websites  have their own cookies, which are controlled by them.

Facebook

https://www.facebook.com/about/privacy/cookies or https://www.facebook.com/help/cookies/

Twitter

https://help.twitter.com/en/rules-and-policies/twitter-cookies

LinkedIn

https://www.linkedin.com/legal/cookie-policy

 

By using the Website you are agreeing to the use of cookies as described in  this Policy (i.e. you are agreeing to the placement of cookies on your device  unless you specifically choose not to receive cookies).
 
The ‘Help Menu’ on the menu bar of most browsers will tell you how  to prevent your browser from accepting new cookies, how to have the browser  notify you when you receive a new cookie and how to disable cookies  altogether. You can also disable or delete similar data used by browser  add-ons, such as flash cookies, by changing the add-on's settings or visiting  the website of its manufacturer.
 
For more information about cookies and managing them including how to turn  them off, please visit www.cookiecentral.com.  However, because cookies allow you to  take advantage of some of the Website's essential features, we recommend you  leave them turned on as otherwise you may not be able to fully experience the  interactive features of the Website or other websites which you visit.

 

3.            REGISTRATION  AND APPLICATION PROCESS

To register as a Client  or an Applicant, we need to collect information such as, at a minimum, an  email address, company name and address, and a password from the Client and  name, email address and CV from the Applicant.

We endeavour to keep all  personal data that you provide to us accurate and up-to-date.  As such, you must tell us about any changes  to such information as soon as possible.   If there are any changes that need to be made to your CV, please  contact via the ‘How to Contact Us’ facility set out below.

As the Client, you can  update your personal information held on the Website page at any time and  change your stated interests and whether or not you wish to receive  correspondence from us. You may unsubscribe from newsletters and other  updates by selecting the Unsubscribe button at the foot of every  communication. When registering with us, you will be asked whether or not you  consent to us sending you electronic communications/direct marketing. We may  ask different questions for different services, including competitions. We  may also ask you to complete surveys that we use for research purposes,  although you do not have to respond to them.

 

4.            MOBILE  DEVICES

Applications developed  in connection with the Website for mobile devices will operate and capture  information as set out above and are also subject to this Policy.  Applications developed by us but deployed on other platforms such as social media  channels may provide feedback to us on activity and usage specific to a user.
 
 Note: If you are aged 18 or under, please get your parent/guardian's  permission before you provide any personal information to us. Users without  this consent are not allowed to provide us with personal information. If you  are under 13 then we will need consent from your parent/guardian before you  can use some of our services.

 

5.            HOW  DO WE USE THE INFORMATION WE COLLECT?

We collect different  types of information about our users for the following reasons:

·          to  personalise the way our content is presented to you and to ensure that  content from our Website is presented in the most effective manner for you  and for your computer/device;

·          to help us  to monitor and improve the services we offer, including the Website. As part  of this, we may use and disclose information in aggregate (so that no  individuals are identified);

·          to carry out  any legal obligations arising from your interaction with the Website;

·          to allow you  to participate in interactive features of our service, when you choose to do  so; and

·          to pass Applicant  Data to the Client.

With your consent, we  may also use your data to provide you with information about goods and  services from third parties which may be of interest to you. By providing  your consent, you agree to be contacted by such third parties.

We wish to remind you  that this Policy applies to personal data that we collect/process through  your use of the Website. It does not apply to any links to third-parties’  websites and/or services, such as third-party applications, that you may  encounter when you use the Website. You acknowledge that the service that we  provide may enable or assist you to access the website content of, correspond  with, and purchase products and services from, third parties via third-party  websites and that you do so solely at your own risk. We make no  representation or commitment and shall have no liability or obligation  whatsoever in relation to the content or use of, or correspondence with, any  such third-party website, or any transactions completed, and any contract  entered into by you, with any such third party and the use by any such  third-party of your personal data.  We  do not endorse or approve any third-party website nor the content of any of  the third-party website made available via the Website. We encourage you to  carefully familiarize yourself with terms of use and privacy policies  applicable to any websites and/or services operated by third parties. Please  be aware that we are not responsible for the privacy practices of any third  parties.

The personal data that  we collect from you may be transferred to and stored by Occupop. It may also  be processed by staff of Occupop. By submitting your personal data, you agree  to this transfer, storing or processing of your personal data by Occupop for  the purposes set out in this Policy.

 

6.            ARE  THERE CASES WHERE WE MAY USE YOUR INFORMATION TO CONTACT YOU?

We may contact you:

·          for  administration reasons related to the service to which you have signed up  (e.g. to provide you with password reminders or to notify you that a  particular service, activity or online content has been suspended for  maintenance, or in response to a question that you ask us);

·          to provide  you with information about our services, activities or online content. You  should only receive e-newsletters or similar correspondence and updates  from info@occupop.com if you have agreed to in response to any contact  you have made with us, e.g. when you subscribe to updates, newsletters or  promotional offers, by email or via the ‘How to contact us’ facility.   It will be made clear to you where you have these choices, for example, by  providing tick boxes for you to decide whether you wish to receive  e-newsletters;

·          to invite  you to participate in surveys about our services (participation is always  voluntary).

Where we wish to use  your personal information in any other way, we will ensure that we notify you  and get your consent first. You will be given the opportunity to withhold or  withdraw your consent for the use of your personal information for purposes  other than those listed in this Policy.

 

7.            WHAT RIGHTS DO YOU HAVE?

As a data subject, you have the  following rights under the Data  Protection Legislation:

·          the right of access to  personal data relating to you;

·          the right to correct any  mistakes in your personal data;

·          the right to ask us to stop  contacting you with direct marketing;

·          rights in relation to  automated decision taking;  

·          the right to restrict or prevent  your personal data being processed;

·          the right to have your  personal data ported to another data controller;

·          the right to erasure; and

·          the right to complain to  the DPC if you believe we have not handled your personal data in accordance  with the Data Protection Legislation.

These rights are explained in more  detail below, but if you have any comments, concerns or complaints about our  use of your personal data, please contact us (see ‘How to contact us’ below).  We will respond to any rights that you exercise within a month of receiving  your request, unless the request is particularly complex or cumbersome, in  which case we will respond within three months (we will inform you within the  first month if it will take longer than one month for us to respond). Where a  response is required from us within a particular time period pursuant to Data  Protection Legislation, we will respond within that time period.

Right to access to personal data relating to you

You may ask to see what personal data we hold about you and be provided with:

·          a summary of such personal  data and the categories of personal data held;

·          details of the purpose for  which it is being or is to be processed;

·          details of the recipients  or classes of recipients to whom it is or may be disclosed, including if they  are overseas and what protections are used for those oversea transfers;

·          details of the period for  which it is held (or the criteria we use to determine how long it is held);

·          details of your rights,  including the rights to rectification, erasure, restriction or objection to  the processing;

·          any information available  about the source of that data;

·          whether we carry out  automated decision-making, or profiling, and where we do, information about  the logic involved and the envisaged outcome or consequences of that decision  making or profiling; and

·          where your personal data  are transferred out of the EEA, what safeguards are in place.

Requests for your personal data must be made to us (see 'How to contact us' below) specifying what  personal data you need access to, and a copy will be retained on your  personnel file. To help us find the information easily, please give us as  much information as possible about the type of information you would like to  see.

If, to comply with your request, we  would have to disclose information relating to or identifying another person,  we may need to obtain the consent of that person, if possible. If we cannot  obtain consent, we may need to withhold that information or edit the data to  remove the identity of that person, if possible.

There are certain types of data which  we are not obliged to disclose to you, which include personal data which records our intentions in relation to any negotiations with you  where disclosure would be likely to prejudice those negotiations.

We are entitled to refuse a data  access request from you where (i) such request is manifestly unfounded or  excessive, in particular because of its repetitive character (in this case,  if we decide to provide you with the personal date requested, we may charge  you a reasonable fee to account for administrative costs of doing so), or  (ii) we are entitled to do so pursuant to Data Protection Legislation.

Right  to update your personal data or correct any mistakes in your personal data

You can require us to correct any  mistakes in your personal data which we hold free of charge. If you would  like to do this, please:

·          email, call or write to us  (see ‘How can you contact us’ below);

·          let us have enough  information to identify you (e.g. name, registration details); and

·          let us know the information  that is incorrect and what it should be replaced with.

 

If we are required to update your  personal data, we will inform recipients to whom that personal data have been  disclosed (if any), unless this proves impossible or has a disproportionate  effort.

It is your responsibility that all of  the personal data provided to us is accurate and complete. If any information  you have given us changes, please let us know as soon as possible (see ‘How  to contact us’ below).

 

Right  to ask us to stop contacting you with direct marketing

You can ask us to stop contacting you  for direct marketing purposes. If you would like to do this, please:

·          email, call or write to us  (see ‘How can you contact us’ below). You can also click on the ‘unsubscribe’  button at the bottom of the email newsletter. It may take up to 5 days for  this to take place; and

·          let us know what method of  contact you are not happy with if you are unhappy with certain ways of  contacting you only (for example, you may be happy for us to contact you by  email but not by telephone).

 

We will provide you with information  on action taken on a request to stop direct marketing - this may be in the  form of a response email confirming that you have ‘unsubscribed’.

Rights  in relation to automated decision taking

You may ask us to ensure that, if we  are evaluating you, we don’t base any decisions solely on an automated  process and have any decision reviewed by a member of staff.

Profiling may occur in relation to  your personal data for the purposes of targeted advertising and de-targeting  you from specified advertising. This allows us to tailor our advertising to  the appropriate customers and helps to minimise the risk of you receiving  unwanted advertising.

These rights will not apply in all  circumstances, for example where the decision is (i) authorised or required  by law, (ii) necessary for the performance of a contract between you and us,  or (ii) is based on your explicit consent. In all cases, we will endeavour  that steps have been taken to safeguard your interests.

Right  to restrict or prevent processing of personal data

In accordance with Data Processing  Legislation, you may request that we stop processing your personal data  temporarily if:

·          you do not think that your  data is accurate (but we will start processing again once we have checked and  confirmed that it is accurate);

·          the processing is unlawful,  but you do not want us to erase your data;

·          we no longer need the  personal data for our processing, but you need the data to establish,  exercise or defend legal claims; or

·          you have objected to  processing because you believe that your interests should override our  legitimate interests.

 

If you exercise your right to  restrict us from processing your personal data, we will continue to process  the data if:

·          you consent to such  processing;

·          the processing is necessary  for the exercise or defence of legal claims;

·          the processing is necessary  for the protection of the rights of other individuals or legal persons; or

·          the processing is necessary  for public interest reasons.

 

Right  to data portability

In accordance with Data Protection  Legislation, you may ask for an electronic copy of your personal data that  you have provided to us and which we hold electronically, or for us to  provide this directly to another party. This right only applies to personal  data that you have provided to us – it does not extend to data generated by  us.

The right to data portability also  only applies where:

·          the processing is based on  your consent or for the performance of a contract; and

·          the processing is carried  out by automated means.

Right  to erasure

In accordance with Data Protection  Legislation, you can ask us to erase your personal data where:

·          you do not believe that we  need your personal data in order to process it for the purposes set out in  this Policy;

·          if you had given us consent  to process your personal data, you withdraw that consent and we cannot  otherwise legally process your personal data;

·          you object to our  processing and we do not have any legitimate interests that mean we can  continue to process your personal data;

·          your data has been  processed unlawfully or have not been erased when it should have been; or

·          the personal data have to  be erased to comply with law.

 

We may continue to process your  personal data in certain circumstances in accordance with Data Protection  Legislation.

Where you have requested the erasure  of your personal data, we will inform recipients to whom that personal data  have been disclosed, unless this proves impossible or involves  disproportionate effort. We will also inform you about those recipients if  you request it.

Right  to complain to the DPC

If you do  not think that we have processed your personal data in accordance with this  Policy, please contact us in the first instance. If you are not satisfied,  you can complain to the DPC or exercise any of your other rights pursuant to  Data Protection Legislation. Information about how to do this is available on  the DPC website at https://www.dataprotection.ie.

 

8.            OFFENSIVE  CONTENT

If you post or send  content which may reasonably be deemed to be offensive, inappropriate or  objectionable anywhere on the Website or otherwise engage in any disruptive  behaviour on any Occupop service, we may remove such content.

Where we reasonably  believe that you are or may be in breach of any applicable laws, for example  on hate speech, we may disclose your personal information to relevant third  parties, including to law enforcement agencies or your internet provider. We  would only do so in circumstances where such disclosure is permitted under  applicable laws, including Data Protection Legislation.

9.            DO  WE PROTECT YOUR PERSONAL INFORMATION?

We do our utmost to  protect user privacy through the appropriate use of security technology. We  restrict access to personal data to employees, contractors and agents who  need to know such personal data in order to operate, develop or improve the  services that we provide. We ensure that we have appropriate physical and  technological security measures to protect your information; and we ensure  that when we outsource any processes that the service provider has  appropriate security measures in place. However, the Website contains  hyperlinks to websites owned and operated by third parties. These third-party  websites have their own privacy policies, including cookies. We do not accept  any responsibility or liability for the privacy practices of such third-party  websites and your use of such websites is at your own risk.

We will implement  appropriate technical and organisational measures to ensure a level of  security appropriate to the risks that are presented by the processing of  your personal data. In particular, we will consider the risks presented by  accidental or unlawful destruction, loss, alteration, unauthorised disclosure  of, or access to personal data transmitted, stored or otherwise processed.

Unfortunately, the  transmission of information via the internet is not completely secure.  Although we will do our best to protect your personal data, we cannot  guarantee the security of any data transmitted to our Website and any such  transmission is at your own risk. Once we have received your information, we  will use strict procedures and security features to try to prevent  unauthorised access. We are not responsible for any delays, delivery  failures, or any other loss or damage resulting from (i) the transfer of data  over communications networks and facilities, including the internet, or (ii)  any delay or delivery failure on the part of any other service provider not  contracted by us, and you acknowledge that the Website may be subject to  limitations, delays and other problems inherent in the use of such communications  facilities. You will appreciate that we cannot guarantee the absolute  prevention of cyber-attacks such as hacking, spyware and viruses.  Accordingly, you will not hold us liable for any unauthorized disclosure,  loss or destruction of your personal data arising from such risks.

 

10.          BREACH REPORTING

We will notify serious data breaches  to the DPC without undue delay, and where feasible, not later than 72 hours  after having become aware of same. If notification is not made after 72  hours, we will record a reasoned justification for the delay; however, it is  not necessary to notify the DPC where the personal data breach is unlikely to  result in a risk to the rights and freedoms of natural persons. A personal  data breach in this context means a breach of security leading to the  accidental or unlawful destruction, loss, alteration, unauthorised disclosure  of, or access to, personal data transmitted, stored or otherwise processed.

We will keep a record of any data  breaches, including their effects and the remedial action taken, and will  notify you of any data breach affecting your personal data (which poses a  high risk to you) when we are required to do so under Data Protection  Legislation. We will not be required to  notify you of a data breach where:

•          we have implemented  appropriate technical and organisational measures that render the personal  data unintelligible to anyone not authorised to access it, such as  encryption; or

o    we have taken subsequent measures which ensure that the high risk to  data subjects is not likely to materialise; or

o    it would involve disproportionate effort, in which case we may make a  public communication instead.

 

14.          ONLINE  PAYMENTS

We may collect financial information such as credit card information  when a payment is made via the Website. We do not share this information with  anyone outside of Occupop, other than other companies and individuals we  employ to perform functions on our behalf such as sending mail and processing  payments and this information will not be kept for longer than necessary for  providing the services. Any such third-party service providers will be  subject to contractual provisions which safeguard the security of your  personal data. Any such company or individual will have access to personal  data needed to perform these functions but may not use such personal data for  any other purpose.

  

11.          WHO  WE SHARE DATA WITH

We may disclose your  personal information to any company or other corporate entity under the  control and direction of Occupop.
 As stated above, with your consent, we may also use your data, or permit  selected third parties to use your data, to provide you with information  about goods and services which may be of interest to you and we or they may  contact you about these. We reserve the right to access and disclose  personal data in compliance with Data Protection Legislation.

We may also use service  providers to help us run the Website or services available on the  Website. Any third parties who access your data in the course of  providing services on our behalf are subject to strict contractual  restrictions to ensure that your data is protected, in compliance with Data  Protection Legislation.

 

 12.         WHERE  WE STORE YOUR PERSONAL DATA

The data that we collect  from you may be transferred to, and stored at, a destination outside the  European Economic Area (“EEA”). It  may also be processed by staff operating outside the EEA who work for us or  for one of our suppliers. By submitting your personal data, you consent to  this transfer, storing or processing. We will take all steps reasonably  necessary to ensure that your data is treated securely and in accordance with  this Policy. The safeguards in place with regard to the transfer of your  personal data outside of the EEA are the entry by us into appropriate  contracts with all transferees of such personal data.
 
 All information you provide to us is stored on our secure servers. Where we  have given you (or where you have chosen) a password which enables you to  access certain parts of our Website, you are responsible for keeping this  password confidential. We ask you not to share a password with anyone.

 

13.          RETENTION  OF PERSONAL DATA

Any information that you  provide to us will be kept and stored for such period of time as we deem  necessary taking into account the purpose for which it was collected in the  first instance, and our obligations under Data Protection Legislation.

In general, your  personal data (including Applicant Data) will be retained by us for the  duration of time that you are a Client of Occupop. We will delete personal  data (including Applicant Data) once you terminate your subscription with us.  We will retain the Client contact name and contact details for CRM purposes  for a maximum of 5 years after you have terminated your subscription with  us.  

To the extent that you  are the Applicant, we will only retain your personal data for as long as we  are instructed to by the data controller of the Applicant Data.  

 

15.          CHANGES TO THE POLICY

This Policy  may be updated from time to time, so you may wish to check it each time you  submit personal information to the Website. The date of the most recent  revisions will appear on this page. If you do not agree to these changes,  please do not continue to use this Website to submit personal information. If  material changes are made to the Policy, we will notify you by placing a  prominent notice on the Website. We will not process your personal data in a  manner not contemplated by this Policy without your consent.

 

16.          LEGAL INFORMATION AND HOW TO CONTACT  US

The data controller (as  defined in Data Protection Legislation) for the Website and services provided  through the Website is Bid Recruit Limited trading as Occupop, located  at Unit 7, Richview Office Park, Dublin 14.


If you need to contact us with regard to any of your rights as set out in  this Policy, all such requests should be made in writing to Bid Recruit  Limited trading as Occupop, Unit 7, Richview Office Park, Dublin 14, or by  email to info@occupop.com. Unsubscribing from electronic communications can  be achieved by pressing the ‘unsubscribe’ (or similar button) on the  electronic communication received.

To the  extent that you are an Applicant, if you wish to exercise any of your data  subject rights under Data Protection Legislation please contact the data  controller of the Applicant Data (i.e. the company you are applying to).