Last Revised: October 5, 2020
We may change the provisions of this Policy at any time and will indicate when changes have been made by revising the date at the top of this Policy. We encourage you to review the Policy whenever you access the Services to make sure that you understand our information collection, use, and disclosure practices. When we make material changes to this Policy, we will provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. We may notify you in advance.
We will collect information that you provide to us when you use the Services, such as when you (1) create an account; (2) make a purchase; (3) participate in events or promotions; (4) send questions or comments via the Service, email, or chat to KBS or other users; (5) fill out surveys; or (6) otherwise communicate with us or other users through or about the Services. We will also collect information when you sign up for marketing emails, events, or other opportunities through KBS. Information collected may contain personal information such as your name, email address, billing and contact information, and other identifying information you may provide to KBS (“Personal Information”). Aggregated, non-personally identifying information is not your personal information. We may use aggregated, non-personally identifying information to operate, analyze, improve, and optimize our website and service.
KBS automatically records certain information about your use of the Services. KBS uses a variety of technologies to collect this information, including persistent and session cookies, web beacons, and pixel tracking technology. The information we collect includes number of log-ins, actions taken, data displayed or clicked on (e.g., UI elements, links), and other login information (e.g., browser type, IP address, date and time of access, cookie ID, referrer URL, etc.). We use this information to analyze trends, administer the Service, track users’ movements around the Service, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs. For example, we use “Pixel Tags” in the provision of our Services to you. Pixel Tags are tiny graphic images with a unique identifier that are used to track online movements of web users. Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send email messages in a format users can read, and they tell us whether emails have been opened to ensure that we are sending only messages that are of interest to our users. We also use analytics tools to collect information regarding your service usage to improve our Services.
KBS may collect automated error reports in the case of software malfunction; such error reports may contain some or all of the information in your accounts and may be reviewed to help resolve problems with the KBS Service. If you participate in a videoconference with us, we may record the session and retain recordings of the session if we notify you that the session is being recorded and allow you the opportunity to opt out.
Any Personal Information that KBS may obtain from other third-party sources will be processed by KBS in accordance with this Policy and all applicable laws. We may add this information to the information we have already collected from you via our Services in order to improve the Services we provide to you.
We use your Personal Information in connection with providing you with the Services and product features. Here are some examples of how we use your information:
We may also store information locally on your device, for instance in your local cache. KBS reserves the right to review any information to help resolve problems with our Services or to ensure compliance with our Terms of Service.
KBS collects and processes your Personal Information on the basis of different legal grounds, depending on the nature of the Personal Information being provided and the type of processing involved, as follows:
Some of the Personal Information processed by KBS is performed on the basis that it is necessary for the performance of our agreement with you, or in order to take steps at the request of the user prior to entering such an agreement. An example of this would be where KBS sends an interview request to a TALENT from an Employer.
A second ground relied upon by KBS for other types of processing of your Personal Information is that it is necessary for the purposes of legitimate interests pursued by KBS. Such legitimate interests will include where KBS sends you marketing about our products and services, where we believe you have a reasonable expectation that we will perform a particular type of processing on your behalf, or where such processing is strictly necessary for fraud detection and prevention. KBS will only rely on such aground where an assessment has been performed balancing the interests and rights involved and the necessity of the processing in order to provide our services, products and features to you.
A third ground relied upon for certain types of processing is that it is necessary in order to allow KBS to comply with a legal obligation. An example of this would be where KBS is required to retain business records for fixed periods of time in order to comply with local legal requirements.
Finally, in certain limited situations, KBS relies on your consent in order to process your Personal Information. Where KBS requires your consent in order to collect and process certain Personal Information, we seek your consent at the time of provision, and such processing will only be performed where consent is secured. For example, if you no longer want to receive marketing materials from us based upon your Personal Information, there are a number of options available to you. If you wish to opt out of a particular marketing email from KBS, you may do so by clicking “unsubscribe” (or an equivalent action) where applicable. Please note that this will only opt you out of that particular marketing campaign. You can also contact firstname.lastname@example.org to do so. We will comply with your request as soon as reasonably practicable, and in accordance with applicable laws.
We may share your information as follows:
We may send you emails, including marketing, promotional, and third-party related communications. You may opt out of these emails at anytime by unsubscribing or selecting this option through our Services. Note that You may need to opt out from each KBS Service individually. Despite your election, we may still be required to send you Service-related communications, including any updates to our terms of service or this Policy.
As an essential element of the Service, most of the Personal Information you provide to us when you register or update your profile is displayed on your profile and intended to be shared with other users. Your photos, posts, and other content you post to the Site are also meant for public consumption. We may display this content on the Site, our Services, and further distribute it to a wider audience through third party sites and services. Once displayed on publicly viewable web pages, that information can be collected and used by others. We cannot control who reads your postings or what other users may do with the information that you voluntarily post, so it is very important that you do not put any sensitive, confidential, or any other information you do not wish to be shared in your posts. Once you have posted information publicly, while you will still be able to edit and delete it on the Service, you will not be able to edit or delete such information cached, collected, and stored elsewhere by others.
You may instruct your browser to stop accepting cookies at any time or set your browser to prompt you before accepting cookies. Please consult your browser’s settings for further technical information. If you do not accept cookies, you may not be able to use all portions or functionality of the Service. We may, or our third parties may, use “Flash Cookies,” to store your preferences for volume control or to personalize certain video features. Flash Cookies are different from browser Cookies because of the amount and type of data and how the data is stored. Cookie management tools provided by your browser will not remove Flash Cookies.
If You provide information through, or sign in via, a social networking site such as facebook, google, linkedin or any other site we support, we may receive information from that site. Any information we receive may be dependent on the privacy settings you have with that site, so please consult that site’s privacy and data practices. We will not be responsible for any practices of that social networking site.
At times we may enable features through which you may upload or import your contacts to the KBS Service. When you upload these contacts, you agree you have the rights to upload such contacts and share these contacts with KBS. We rely upon you to obtain whatever consents from the relevant third parties that may be required by law to allow us to access and upload the third parties’ names, e-mail addresses, and other contact information. You or such a third party may contact us at email@example.com to request the removal of this information from our database.
We may publish any feedback we receive from you. We may identify you by your first and last name and may also indicate your home city. We may post any feedback on the Service from time to time. If you make any comments on a blog or forum associated with KBS, you should be aware that you have no reasonable expectation of privacy and that any Personal Information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.
You may change any of Your Personal Information in Your Account by editing Your profile within Your Account. Generally, KBS will retain user personal information for as long as your account is active or as needed to provide you Services. We may retain certain user Personal Information indefinitely, unless you delete it or request its deletion. For example, we don’t automatically delete inactive user accounts, so unless you choose to delete your account, we may retain your account information indefinitely or as long as allowable by law.
If you would like to cancel your account or delete your user Personal Information, you may do so in your user account, but we may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements before any such deletion. After an account has been deleted, certain data will remain. However, we will delete or deidentify your Personal Information, including your username and email address, by associating them with an anonymous user. When we delete any information, it will be deleted from the active database, but may remain in our archives.
Information, including information collected in the European Economic Area ("EEA") may be transferred, stored and processed by us and our service providers in the United States and other countries whose data protection laws may be different than the laws of your country. We will protect your Personal Information in accordance with this Privacy Notice wherever it is processed and take appropriate steps to protect the information in accordance with applicable laws. These steps include obligations to both KBS and you, which are set forth in our Data Processing Agreement, which your use of the Service is subject to, and which can be reviewed below. If you live in the European Economic Area, or a similar international area, you may have additional privacy rights available to you under applicable laws. Your rights may include: (1) Right not to provide or withdraw consent at any time (2) Right to access the Personal Information thatYou provided Us (3) Right to erasure Personal Information that We hold about You (4) Right to object to the processing of Your Personal Information (5) Right to opt out of marketing communications and (6) Right to correct any of Your Personal Information.
Other residents: You may make a verified request to KBS regarding your Personal Information. You may make a formal request to delete your Personal Information held by KBS through your account or, if you are unable to access your account, via email at firstname.lastname@example.org.
You have the right to request that we disclose the Personal Information we collect, use, disclose and sell about you. Section 2 of this Policy explains the categories of Personal Information we collected over the past twelve (12) months, why we collected this information, and the third parties with which we shared it.
We do not sell your Personal Information.
California’s “Shine the Light” law (Civil Code section 1798.83) also permits California residents once per calendar year to request and receive information about a business’ disclosure of certain categories of Personal Information to other companies for direct marketing purposes. If you are a California resident and a user of our Service, you can request a copy of this information from KBS by sending an email to email@example.com. Please include your name and email address with your request. KBS reserves the right to request additional Personal Information from you to confirm your identity before responding to this request.
We will not discriminate against you for exercising any of your rights under the CCPA.
KBS has appointed a Data Protection Officer to ensure continued commitment to privacy and security practices. For further information please contact Us at: firstname.lastname@example.org.
The Services may contain links to third party websites and services. When you click on a link to any other website, location, or service You will leave our Services and go to another site or service and another entity may collect data from You. We do not control and are not responsible for such third party websites or services. Third party services are for your convenience only, and we do not recommend, screen, review, or have any control over the actions taken by these third parties. Your use of these services is solely your choice and decision. Please review every third-party website or service You visit or use, including those that you interact with through Our Services.
If you decide to invite a third party to create an Account, we will collect your and the third party’s names and e-mail addresses, as well as any other relevant information in order to send e-mail and other communications to the third party. We may maintain this information indefinitely in our database and may also use this information to help us establish networks of contacts, document relationships, facilitate referrals, and improve our Services. We may also use this information to show you and other users that you may know each other or have shared contacts. We rely upon you to obtain whatever consents from the third party that may be required bylaw to allow us to access and upload the third party’s names and e-mail addresses as required above.
KBS is committed to protecting the security of your Personal Information. We use a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure. We also require You to enter a password to access your Account information. Please do not disclose your Account password to unauthorized people. You are solely responsible for all actions or disclosures of your information or any access to your Account. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while KBS uses reasonable efforts to safeguard your Personal Information, KBS cannot guarantee its absolute security.
We do not intentionally gather Personal Information from individuals who are under the age of 13. If a child under 13 submits Personal Information to KBS and we learn that the Personal Information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Information from a child under 13, please contact Us at email@example.com.
Last Revised: October 5, 2020
IF YOU DO NOT AGREE WITH THIS DATA PROCESSING AGREEMENT YOU MUST NOT ACCESS THE SERVICE.
KBS will process Your Data pursuant to the terms set forth herein and as required by the California Consumer Privacy Act of 2018 (“CCPA”), European Directives 95/46/EC and 2002/58/EC (as amended by Directive 2009/136/EC) and any legislation or regulation pursuant to them, or which amends, replaces, re-enacts or consolidates any of them (including the General Data Protection Regulation (Regulation (EU) 2016/679)), and all other applicable laws relating to processing of personal data and privacy that may exist in any relevant jurisdiction (“Data Protection Legislation”). Any capitalized, undefined terms that are not defined herein shall have the meaning set forth in the Agreement. For purposes of the DPA “Your Data” shall mean “Personal Data” as defined by the Data Protection Legislation. Additionally, “Controller,” “Processor,” “Data Subject,” “Processing,” “Sub-processor,” and “Appropriate Technical and Organizational Measures” shall also have the meanings specified in the Data Protection Legislation.
Processor and Controller. The parties agree that KBS and Client may be both a Processor and a Controller of Personal Data and accordingly agree to process Personal Data: (i) for legitimate business purposes, including for Client specifically only for considering Data Subjects’ employability within Your organization; (ii) as specified in the Agreement (iii) as permitted by Data Protection Legislation; and (iv) as otherwise permitted by a Talent.
Appropriate Technical and Organizational Measures. Both parties agree to use Appropriate Technical and Organizational measures to ensure the proper treatment of Personal Data and the ability to accordingly respond to Data Subject requests pertaining to use of Personal Data. Specifically, and among other rights that may be available to Data Subjects, the parties agree that Data Subjects have a right to: consent withdrawal, access to and modification of Personal Data, object to processing of their Personal Data and erasure of their Personal Data. KBS shall implement and maintain appropriate technical and organizational measures to protect Data against unauthorized or unlawful processing, including protecting against loss, destruction, modification, or disclosure. These measures will be reasonable and appropriate with respect to the Data which KBS processes.
Both parties will comply with Data Subject requests as required by applicable Data Protection Legislation and any other applicable law. Clients agree to immediately forward each Data Subject request to Our Data Protection Officer at firstname.lastname@example.org and promptly notify KBS of all Data Subject disputes and work in good faith to resolve any dispute to the Talent's satisfaction. You are not to resolve any dispute or conflict on our behalf.
You understand that a Data Subject’s request may impact their ability to serve as a Talent. Any Talent who exercises her or his rights under the Data Protection Legislation after You have viewed or accessed thatTalent’s profile may preclude that Talent from participating through the KBS Service. Irrespective of the exercise of this right, such Talents will continue to be counted as an Interview Request.
If either party becomes aware of a Personal Data Breach that causes destruction, loss, modification, disclosure, or access to it will immediately notify the other party. The party that was subject to the Personal Data Breach shall notify Data Subjects and appropriate parties as required by the Data Protection Legislative. The party subject to the Personal Data Breach shall conduct an investigation regarding the same and will use industry standard technology, methods and other related practices to mitigate the effects and to mitigate the effects of any Personal Data Breach and shall use industry standard measures to prevent any further breaches in the future.
In the event either party engages a third-party Sub-processor to assist with the performance of its duties under this DPA that party shall ensure that the Sub-processor complies with applicable laws, rules, and regulations, and maintains no less stringent requirements than those of this DPA.
Both parties shall, as reasonably requested and reasonable necessary or required by applicable law, allow the other party to conduct an audit or inspection during the term of the Agreement to confirm compliance with this DPA, which may include providing reasonable access to the premises, resources and personnel used by You in connection with the provision of the Service, specifically to verify the processing Data in accordance with that party’s obligations under the DPA and applicable Data Protection Legislation. Such audit shall consist solely of: (i) written information (such as security policies) and (ii) interviews with personnel as may be reasonably necessary to verify compliance. For clarity, no access to any part of a party’s IT system, data hosting service providers, sites, or centers, or infrastructure will be permitted.
The terms and conditions of this DPA shall prevail over any additional or conflicting terms in the Agreement with respect to the treatment of Personal Data. Unless otherwise modified herein, the remaining terms of the Agreement shall remain in full force and effect. In the event of a conflict between the terms of this DPA and another Agreement provision the terms of this DPA shall control with respect to the treatment of Personal Data.
Last Revised: October 5, 2020
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The following types of cookies may be used when you visit the Service: (a) Advertising Cookies, used to display advertisements, gather information about your visits, and track information about your viewing and usage, among other things, (b) Analytics Cookies, used to monitor how users reached the Service, move around on the Service, and understand which features are working on the Service, among other things, (c) Our Cookies, either permanent or temporary, are necessary as the Service will not work without them, as they assist in the operation and functionality of the Service, (d) Personalization Cookies, recognize repeat visitors to the Service, recording browsing history, pages visited, settings, and preferences, (e) Security Cookies, help detect and prevent security risks, and authenticate users to protect user data (f) Service Management Cookies, used to maintain your identity, to ensure you are not logged off unexpectedly, and retain your information as you move from page to page, and (g) Third Party Cookies, used by third parties for certain services we offer, allowing third parties to gather and track certain information about you.
Most browsers accept cookies by default. You can modify your cookie preferences in your browser’s settings. Please note that modification of these preferences could affect the availability and functionality of the Service. For more information on how to control cookies, check your browser or device’s settings.
In addition to cookies, we may use web beacons, pixel tags, and other tracking technologies on the Service to help customize the Service and improve your experience. A “web beacon” or “pixel tag” is tiny object or image embedded in a web page or email. They are used to track the number of users who have visited particular pages and viewed emails, and acquire other statistical data. They collect only a limited set of data, such as a cookie number, time and date of page or email view, and a description of the page or email on which they reside. Web beacons and pixel tags cannot be declined. However, you can limit their use by controlling the cookies that interact with them.