General terms and conditions (GTC) for the for transfer of personal data
Author: Compliance Officer - RA lic.iur. Alexander Eckenstein
Reviewed: Data protection officer - Tanja Schwaiger
Approved by: CEO - André van Sprundel
Transfer of personal data
As soon as personal data, in particular the contact data and CVs of candidates as well as company-related data on contractors, including their assistants, are transferred to you as a “client” by Global Human Resources Ltd. (GHR), the following conditions apply exclusively.
Confidentiality of personal data
All personal data provided to clients by GHR is confidential and is used exclusively for the possible placement of a candidate in a client’s project or the possible hiring out of a candidate to the client. The same applies to the transfer of data of contractors, including their assistants, by GHR.
The transfer of personal data is complete when GHR provides the client with information that relates to a person or company and its assistant and enables the person or company and/or its assistant to be identified.
Exclusivity of data use
Personal data will only be transferred in relation to a vacancy for which the client has notified GHR of personnel requirements. The use of personal data for the possible filling of other vacancies is not permitted without the written consent of the GHR.
The client shall comply with the provisions of data protection legislation with regard to the personal data transferred. In particular, the client undertakes to grant access to the data only to those persons who are entrusted with the selection and/or technical and organisational management of the candidate or the contractor, including their assistants. Furthermore, the client undertakes to delete or destroy any personal data after completion of the respective project or replacement for which the personal data was transferred. The same shall also apply in the event of non-employment. The transfer of data to third parties is prohibited without the written consent of both GHR and the candidate or contractor, including their assistants. The candidate or the contractor, including their assistants, shall be granted the right to inspect the personal data at any time and to demand the correction or deletion of these.
If, within one year of GHR transferring the data to the client, the client or a company affiliated with the client concludes a contract for an activity of the candidate or contractor presented, including their assistants, the client is obliged to pay a commission to GHR. The “General terms and conditions for permanent placement services” of GHR apply. The client must inform GHR of the conclusion of the contract regarding the activities of the candidate or contractor presented, including their assistants, without being asked.
Breach of information duties
If the client fails to report the conclusion of a contract in accordance with the previous paragraph or if the client refuses to disclose the data required for the calculation of the commission claim of GHR, GHR has the right to alternatively demand a commission from the client in the amount of 500 times the usual hourly rate of the candidate in question or the contractor or its auxiliary persons, and the client is obliged to pay the commission to GHR on this calculation basis.
Applicable law/ place of jurisdiction
Swiss law applies. Place of jurisdiction is Baar, Canton Zug.
General Terms and Conditions for Permanent Employment Placement
Autor: date protection commissioner - Tanja Schwaiger
Geprüft: quality manager - Rolf Salzmann
Genehmigt: CEO - André van Sprundel
Placement on the Basis of Success
For our services such as recruitment, selection and consultancy for placements on the basis of success, we charge you the following fees, however with a minimum of Fr 5,000 (Art. 413 ff OR):
|from Fr. 59,999.00||11 %|
|to Fr. 60,000.00||13 %|
|to Fr. 80,000.00||15 %|
|to Fr. 100,000.00||17 %|
|to Fr. 120,000.00||19 %|
|to Fr. 140,000.00||21 %|
|to Fr. 160,000.00||23 %|
|to Fr. 180,000.00||25 %|
Definition of Annual Salary
The annual salary is identical to the target income and is inclusive of all variables such as 13. and 14. monthly salary, bonus payments, bonuses, fixed or expected provisions and other benefits.
Period of Commitment
If a candidate presented by us is employed by you within a period of one year, calculated from the first presentation, the corresponding fee is owed.
If contrary to expectations there is a termination of the contract largely due to the fault of the candidate within the agreed on trial period of three months at the most, or if he does not begin the job, we will arrange a replacement candidate free of charge for you or refund you 33% on a mandate basis and 50% on a success basis of the total fee already paid. Continuing warranty payments or liabilities, excepting deliberate or gross negligence, are expressly excluded.
Personal dossiers that we submit to you for inspection remain our property (with the exception of the application documents from the candidates employed by you).
All information received from applicants or candidates are handled in strict confidence provided we are not expressly authorised to pass them on.
Our services such as recruitment, selection and consultancy in no way replace your detailed assessment of the candidates. Upon the signing of the employment contract by an applicant placed by us, you take on the responsibility for your choice.
Swiss law is applicable to the whole legal contract between the parties. Zug is the agreed place of jurisdiction for possible conflicts arising from these terms and conditions.