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1. Under its business activity, the Supplier is a data controller of personal data of natural persons – candidates and job applicants. The Supplier declares that it has obtained full, explicit and informed consent to the processing of personal data of candidates in accordance with Article 6(1)(a) and Article 7 of the GDPR or is authorised to process personal data of data subjects in accordance with Article 6(1)(b) or (f) of the GDPR. To enable the conclusion of a contract between the candidate and a third party, the Supplier is entitled to transfer personal data to these third parties as recipients of personal data.
2. To fulfil the purpose of the contractual relationship established by the Customer’s order, the Supplier must provide the Customer with the personal data of the candidates. By doing so, the Customer can decide to conclude the Mediated Contract. In this case, the Parties are obliged to comply with the relevant provisions of Act No. 101/2000 Coll., on Data Protection and the EU General Data Protection Regulation No. 2016/679/EU GDPR (General Data Protection Regulation).
3. The Customer will be in the position of a recipient of personal data within the meaning of Article 4(9) GDPR. When personal data is transferred to the Customer, the Customer shall be in the position of a data controller in relation to the applicants and as such shall act towards the data subjects in accordance with the GDPR and the purpose for which the personal data was transferred to it. At the same time, the Customer acknowledges that it is obliged to comply with the data subjects’ rights under Article 12 et seq. of the GDPR. However, fulfilling these rights and obligations is not the subject of this Agreement.
4. The Customer is obliged to ensure that:
4.1. Candidates’ personal data has been handled in accordance with the purpose it was provided for, i. e., to find a suitable job;
4.2. The Customer’s personal data has been processed only for the time necessary for the Customer’s decision to conclude the contract between the Customer and the candidate; unless otherwise stipulated in this contract, the processing period is six (6) months. After the expiry of this period, the Subscriber is obliged to delete or anonymise the personal data provided;
4.3. The rights of data subjects are fulfilled in accordance with the GDPR
5.The Customer acknowledges and undertakes that it shall not process the personal data provided for any purpose other than those for which it was provide
6.The Customer is further obliged to:
6.1. Take technical and organisational measures in accordance with Article 25 et seq. of the GDPR;
6.2. Ensure that personal data is handled appropriately;
6.3. Inform the Supplier of any violation of the rights of data subjects;
6.4. In the event of a request from a data subject to exercise rights arising from the GDPR (in particular the right to erasure, the right to information, the right of access, the right to be forgotten, the right to rectification, the right to restriction of processing and other related rights of the data subject under the GDPR), take all measures to comply with the request and fulfil the rights of the data subject within the time limits set out in the GDPR;
7. The Subscriber is not entitled to transfer personal data to another recipient.
8.The Subscriber undertakes to provide the Supplier with the necessary cooperation in exercising the rights of data subjects.
9. If the Supplier appoints a Data Protection Officer within the meaning of Article 37 et seq. of the GDPR, the Customer shall provide the Data Protection Officer with all necessary assistance to fulfil their duties.
10. If the Supplier undertakes to comply with the codes of conduct issued in accordance with Article 40 GDPR, the Supplier shall inform the Customer of this fact, and the Customer shall be obliged to comply with these codes reasonably.
11. The Customer shall be liable for any damage incurred by the Supplier due to a breach of its obligations concerning the handling of personal data.
12. If a Mediated Contract is concluded between the Client and the candidate, the processing of personal data is governed by the relevant provisions of the GDPR, in particular, Article 6(1)(b) and (c). The Subscriber will continue to be the data controller. The Subscriber acknowledges that the further exercise of rights and obligations towards data subjects will be governed by the relevant provisions of the GDPR.