This Data Processing Agreement ("DPA") forms an integral part of the agreement entered into between Welcome to the Jungle (hereinafter "WTTJ" or the "Company") and the Customer (hereinafter the "Customer"), and sets out the terms applicable to the processing of Personal Data in connection with the services provided by WTTJ (hereinafter the "Services").
This DPA and the Master Subscription Agreement (hereinafter the "MSA") are complementary. In the event of any conflict regarding data protection, this DPA shall prevail.
Depending on the Services subscribed to by the Customer, WTTJ may act as a Processor (acting on the Customer's instructions) or as an Independent Controller (pursuing its own, separate purposes). This DPA distinguishes between these two roles and sets out each Party's obligations accordingly.
Only the provisions of this DPA that relate to the Services identified in the applicable Order Form shall apply.
Capitalised terms used in this DPA have the meanings set out below.
The terms "Personal Data", "Processing", "Purpose", "Data Subject", "Processor", "Controller", "Personal Data Breach" and any other term relating to data protection shall have the meaning attributed to them by the Data Protection Legislation, and in particular by Article 4 of the EU General Data Protection Regulation and, where applicable, by the corresponding provisions of the UK GDPR.
"Data Protection Legislation" means all laws and regulations applicable to the Processing of Personal Data, and in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter the "GDPR"), as well as Law No. 78-17 of 6 January 1978 on information technology, data files and civil liberties, as amended. This definition also includes, where applicable, the United Kingdom General Data Protection Regulation (hereinafter the "UK GDPR") and the UK Data Protection Act 2018, as well as the California Consumer Privacy Act (hereinafter the "CCPA") as amended by the California Privacy Rights Act, to the extent that such regulations are applicable.
"Services" means all services provided by WTTJ to the Customer as specified in a quotation or any order document issued by or on behalf of the Customer.
"Sub-Processor" means any third party engaged by the Processor to carry out specific Processing activities on behalf of the Controller.
All other terms defined in the MSA shall retain their meaning in this DPA, unless expressly provided otherwise.
This Part 1 applies to the Sourcing Service. Each Party acts as an Independent Controller within the meaning of Article 4(7) of the GDPR, independently determining the purposes and means of its own Processing.
WTTJ builds, manages and makes available to the Customer a Sourcing tool comprising a candidate profile database, for the purpose of facilitating connections between candidates and recruiters.
The categories of data processed include identification, contact, professional, educational and job-search preference data.