Introduction

Welcome to the Vsource privacy notice.

Glandore Human Capital Software Limited trading as Vsource (“Vsource”) respects your privacy and is committed to protecting your personal data. This privacy notice will inform users as to how we look after personal data and explain about user privacy rights and how the law protects users and the data sets we compile on behalf of users.

  • Important information and who we are

Purpose of this privacy notice

This privacy notice aims to give you information on how Vsource collects and processes personal data through a User’s access to and use of our platform, including any data Users may provide through this platform when a User or their employing company sign up to our platform. It also details how we provide our services and how we process Candidate Data in accordance with the relevant privacy laws.

This platform is not intended for children and we do not knowingly collect data relating to children.

It is important that all Users read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about Users so that they are fully aware of how and why we are using personal data. This privacy notice supplements the other notices and is not intended to override them.

Company Structure and Data Privacy

Vsource is made up of different legal entities based in Europe as well as the subsidiaries identified below. This privacy notice is issued on behalf of the Vsource Group so when we mention "Vsource", "we", "us" or "our" in this privacy notice, we are referring to the relevant company in the Vsource Group responsible for processing data. Vsource is the Data Processor in respect of Users accessing this platform and in respect of Candidate Data processed pursuant to Client/User requests via the platform. The User or the client employing the User/engaging with the User pursuant to a consultancy arrangement, is the Controller in respect of User and Candidate Data. This will be explained in detail later in this privacy notice.

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If Users have any questions about this privacy notice, including any requests to exercise their legal rights, please contact the DPO using the details set out below.

Contact details

Our full details are:

Full name of legal entity: Glandore Human Capital Software Limited

Name or title of DPO: PJ Kiely

Email address: privacy@vsource.io

Postal address: 74 South Mall, Cork

Subsidiaries:  Vsource Vietnam; TMA Building, Quang Trung Software City, Tan Chanh Hiep ward, District 12, Ho Chi Minh City, Vietnam;

Eglinton Labs PTE. Ltd., 71 Ayer Rajah, Crescent #07-22, Singapore 139951; and/or

Vsource LLC, 16192, Coastal Highway, Lewes, Delaware, USA.

Users have the right to make a complaint at any time to the Office of the Data Protection Commissioner (DPC), the Irish supervisory authority for data protection issues (www.dataprotection.ie) or such other supervisory authority as may be relevant to a particular User jurisdiction. We would, however, appreciate the chance to deal with concerns before an approach is made to a DPC so please contact us in the first instance.

Changes to the privacy notice and your duty to inform us of changes

This version was last updated on 24.05.2018.

It is important that the personal data we hold about Users is accurate and current. It is necessary that Users keep us informed if personal data changes during their relationship with us.

Third-party links

The platform may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about Users. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our platform, we encourage you to read the privacy notice of every website a User visits.

  • The data we collect about Users

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about Users which we have grouped together as follows:

  • Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
  • Contact Data includes billing address, delivery address, email address and telephone numbers.
  • Transaction Data includes details about payments to and from our clients and other details of products and services our clients or users have requested, accessed and/or where relevant purchased from us.
  • Technical Data includes internet protocol (IP) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this platform.
  • Profile Data includes username and password, purchases or orders made by Users, interests, preferences, feedback and survey responses.  
  • Usage Data includes information about how our platform is used, as well as products and services.
  • Marketing and Communications Data includes preferences in respect of Users and or contacts of Vsource receiving marketing from us and our third parties and relevant communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from personal data but is not considered personal data in law as this data does not directly or indirectly reveal a User’s identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific platform feature. However, if we combine or connect Aggregated Data with personal data so that it can directly or indirectly identify a User, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Data about you on purpose (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences. We would encourage Users not to supply such information when they are registering for and accessing our platform.

You should not insert any Data which would or could be considered Special Category data. If you do, and we become aware of this, we will look to erase this immediately. There is the capacity for Users to insert this information in free text boxes within the platform. Users are expressly forbidden from inserting this information.

Further, in requesting Candidate Data through the platform, you should not request data which would be considered Special Categories of Data in such search free text boxes. If this is provided to us, the protocol implemented is to erase such a search and to re-start the search process.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with Users and the User fails to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with that User (for example, to provide a User with our services). In this case, we may have to cancel our service but we will notify you if this is the case at the time.

  • How is User personal data collected?

We use different methods to collect data from and about Users including through:

  • Direct interactions. A User may give us their Identity and, Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data provided when a User:
  • applies, accesses or registers for our services;
  • create an account on our platform;
  • subscribe to our service or publications;
  • request marketing to be sent to you;
  • enter a competition, promotion or survey; or
  • give us some feedback.
  • Automated technologies or interactions. As Users interact with our platform, we may automatically collect Technical Data about equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.
  • Third parties or publicly available sources. We may receive personal data about Users from various third parties and public sources as set out below:
  • Technical Data from the following parties:
      1. analytics providers such as Google based outside the EU;
      2. advertising networks inside and outside the EU; and
      3. search information providers based inside or outside the EU.
  • Contact and Transaction Data from providers of technical and delivery services based inside or outside the EU.
  • Identity and Contact Data from data brokers or aggregators based inside or outside the EU.
  • Identity and Contact Data from publicly availably based inside or outside the EU.
  • How we use User personal data

We will only use User personal data when the law allows us to. Most commonly, we will use User personal data in the following circumstances:

  • Where we need to perform the terms of the contract we are about to enter into or have entered into with a User or the employer or contracting party of a User.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us at privacy@vsource.io.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use User personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us at privacy@vsource.io if details about the specific legal ground we are relying on to process your personal data Is required, where more than one ground has been set out in the table below.

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To register Users as a User

(a) Identity

(b) Contact

Performance of a contract with a User or their employer or contracting party

To manage our relationship with Users and/or their employers or contracting party which will include:

(a) Notifying Users about changes to our terms or privacy policy

(b) Asking Users to leave a review or take a survey

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

(a) Performance of a contract

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

To enable Users to partake in a prize draw, competition or complete a survey

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(a) Performance of a contract

(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

To administer and protect our business and this platform (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)  

(a) Identity

(b) Contact

(c) Technical

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To deliver relevant plaform/Vsource content and advertisements to Users and measure or understand the effectiveness of the advertising we serve to Users

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

To use data analytics to improve our Platform, Vsource products/services, marketing, customer relationships and experiences

(a) Technical

(b) Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our platform updated and relevant, to develop our business and to inform our marketing strategy)

To make suggestions and recommendations to Users about  services, parts of the platform and other offerings that may be of interest to a User or that may enhance their use of the platform

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

Necessary for our legitimate interests (to develop our products/services and grow our business)

Marketing

We strive to provide Users with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

Promotional offers from us

We may use a User’s Identity, Contact, Technical, Usage and Profile Data to form a view on what we think a User may want or need, or what may be of interest to such a User. This is how we decide which products, services, aspects of the platform and offers may be relevant for our Users (we call this marketing).

Users will receive marketing communications from us if that User has requested information from us, accessed our platform or purchased services from us or if a User provided us with details when they entered a competition or registered for a promotion and, in each case, that User has not opted out of receiving that marketing.

Third-party marketing

We will get a User’s express opt-in consent before we share their personal data with any company outside the Vsource group of companies for marketing purposes.

Opting out

Users can ask us or third parties to stop sending marketing messages at any time by logging into the platform and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent or by contacting us via privacy@vsource.io at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of service use/registration, service experience or other transactions.

Cookies

Users can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If a User disables or refuses cookies, they should note that some parts of the platform may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie policy.

Change of purpose

We will only use User personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If a User wishes to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us via privacy@vsource.io.

If we need to use User personal data for an unrelated purpose, we will notify the User and we will explain the legal basis which allows us to do so.

Please note that we may process User personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

  • Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

  • Internal Third Parties as set out in the Glossary.
  • External Third Parties as set out in the Glossary.
  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

  • International transfers

We share User personal data within the Vsource Group. This will involve transferring your data outside the European Economic Area (EEA).

We ensure User personal data is protected by requiring all our group companies to follow the same rules when processing your personal data. These rules are called "binding corporate rules". For further details, see European Commission: Binding corporate rules.

Whenever we transfer personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.  
  • Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

Please contact us via privacy@vsource.io if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

  • Data security

We have put in place appropriate security measures to prevent personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to User personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

  • Data retention

How long will Vsource use User personal data for?

We will only retain User personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of User personal data, the purposes for which we process User personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law we have to keep basic information about our Users and our clients (including Contact, Identity, and Transaction Data) for two years after they cease being Users and in respect of direct Users who have a financial relationship with us for six years for tax purposes.

In some circumstances a User can ask us to delete this data: see (Request erasure) below for further information.

In some circumstances we may anonymise personal data (so that it can no longer be associated with a User) for research or statistical purposes in which case we may use this information indefinitely without further notice to a User.

  • Legal rights

No fee usually required

Users will not have to pay a fee to access their personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with a request in these circumstances.

What we may need from you

We may need to request specific information from a User to help us confirm that User’s identity and ensure that User’s right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

  • Data we Collect on the instruction of Users in relation to Candidates – Candidate Data

The data we collect about Candidates

We may subject to instructions received from our clients to collect, use, store and transfer different kinds of personal data about Candidates grouped together as follows:

  • Identity Data includes first name, maiden name, last name, work title, date of birth and gender.
  • Contact Data includes physical address, work address, email address and telephone numbers., geographical location, and employment information

We do not collect, unless such information is capable of natural extrapolation from the context of a search, any Special Categories of Personal Data about candidates (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

Data Processing

We process data pursuant to GDPR and expressly pursuant to the Data Protection Agreement which is in place with our clients. A copy of this Data Protection Agreement can be requested by contacting us via privacy@vsource.io.

Purposes for which we will use Candidate personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us at privacy@vsource.io if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To provide the candidate sourcing services

(a) Identity

(b) Contact

Legitimate interests

To provide outreach services

(a) Identity

(b) Contact

Assist with the creation of contractual relationship with client.

  • 30 Day Limit

Vsource, pursuant to GDPR and reliance upon the Legitimate Interests provisions of the legislation have implemented a 30 day purge mechanism, whereby once a search is carried out, pursuant to our client’s/Users instructions, that information is retained by Vsource for 30 days only. After that period, the information is purged from our systems and no longer processed by us. Users and Clients will need to determine and satisfy themselves as regards their own GDPR protocols, procedures and policies in line with this process to ensure that they are compliant.

  • Outreach:

Vsource, if requested and subject to the necessary contractual engagement can perform outreach on behalf of clients and users. This can, subject to receipt of consent from the Candidates and to release of the identity of our clients can result in an extension of the retention period of such Candidate Data from 30 days to 12 months. After this period, unless the consent is renewed, the data will be purged from the Vsource systems. As ever, this step is only undertaken subject to and conditional upon the instructions of our clients.

  • Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give User the best service/product and the best and most secure experience as well as gathering Candidate Data pursuant to the legitimate interests and expectations expressed by such Candidate Data being made available in or on public sources. We make sure we consider and balance any potential impact (both positive and negative) and legal rights before we process User personal data and/or Candidate Data for our legitimate interests. We do not use User personal data for activities where our interests are overridden by the impact on Users (unless we have your consent or are otherwise required or permitted to by law). Likewise, we do not process Candidate Data beyond the limits of legitimate interests unless consent to do so is obtained from such Candidates pursuant to User instructions to do so. Users can obtain further information about how we assess our legitimate interests against any potential impact on Users and Candidates in respect of specific activities by contacting us via privacy@vsource.io.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES

Internal Third Parties

Other companies in the Vsource Group acting as joint processors and who are based in Vietnam, Singapore and USA and provide the services.

External Third Parties

  • Professional advisers acting as processors including lawyers, bankers, auditors and insurers based in Ireland and Vietnam who provide consultancy, banking, legal, insurance and accounting services.
  • Revenue Commissioners and Customs, regulators and other authorities acting as processors based in the Ireland and Vietnam who require reporting of processing activities in certain circumstances.

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LEGAL RIGHTS

Users and Candidates(where relevant) have the right to:

Request access to their personal data (commonly known as a "data subject access request"). This enables Users and Candidates to receive a copy of the personal data we hold about them and to check that we are lawfully processing it.

Request correction of the personal data that we hold about Users and Candidates. This enables Users and Candidates to have any incomplete or inaccurate data we hold about them corrected, though we may need to verify the accuracy of the new data a User or a Candidate may provide to us.

Request erasure of personal data. This enables Users or Candidates to ask us to delete or remove personal data where there is no good reason for us continuing to process it. Users and Candidates also have the right to ask us to delete or remove such personal data where a that person has successfully exercised a right to object to processing (see below), where we may have processed information unlawfully or where we are required to erase personal data to comply with local law. Note, however, that we may not always be able to comply with a request of erasure for specific legal reasons which will be notified to a User or Candidate, if applicable, at the time of such a request.

Object to processing of personal data where we are relying on a legitimate interest (or those of a third party) and there is something about a User’s or Candidate’s particular situation which makes a User/Candidate want to object to processing on this ground as a User/Candidate feels it impacts on their fundamental rights and freedoms. A User/Candidate also has the right to object where we are processing User/Candidate personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process this information which override these rights and freedoms.

Request restriction of processing of personal data. This enables Users/Candidates to ask us to suspend the processing of User/Candidate personal data in the following scenarios: (a) if a User/Candidate wants us to establish the data's accuracy; (b) where our use of the data is unlawful but a User/Candidate does not want us to erase it; (c) where a User/Candidate needs us to hold the data even if we no longer require it as a User/Candidate needs it to establish, exercise or defend legal claims; or (d) a User/Candidate has objected to our use of the data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of personal data to that User or to a third party. We will provide to each User, or a third party that User has chosen, with the personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which Users initially provided consent for us to use or where we used the information to perform a contract with the User.

Withdraw consent at any time where we are relying on consent to process User personal data. However, this will not affect the lawfulness of any processing carried out before a User withdraws their consent. If a User withdraws their consent, we may not be able to provide certain facets, aspects or services. We will advise the User if this is the case at the time that User seeks to withdraw their consent. Where we are relying on Legitimate Interests to process Candidate Data, this will not affect the lawfulness, providing such processing is compliant with the legislation or will not affect the processing carried out before the Candidate withdraws their consent.