Website Legal Terms & Conditions / Data Processing Policy

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Imprint and Data Processing Policy govern BINDER & Partners' relationship with you in relation to this website including your Personal Data as outlined in our Data Processing Policy on this subpage.

If you do not accept the terms and conditions stated here, do not use this web site and service. By using this website, you are indicating your acceptance to be bound by the terms of these terms and conditions. If you use any parts of our website which are not written in your native language you automatically confirm that you fully understand and accept the meaning and implications of those parts. We may revise these Terms and Conditions, the Imprint and the Data Processing Policy at any time by updating our website. You should visit this page periodically to review the Terms and Conditions, the Imprint and the Data Processing Policy because they are binding on you. We do not accept any liabilities if you use this website without accepting the terms and conditions.

1. Definitions

  • 'BINDER & Partners' or 'us' or 'we' refer to the owner of the website, whose registered offices are in H-1133 Budapest, Capital Square, Váci út 76. and in H-1138 Budapest, Szekszárdi utca 13. We are a registered executive search firm with the Hungarian Official Labour Authority (Munkaügyi Központ) under the registration number 28582-6/2006-436.
  • 'You' refers to the user or viewer of our website.
  • 'Client' means a company or organization which instructs us or might instruct us with the search for 'Candidates'.
  • 'Candidate' refers to a natural person, who is interested to be introduced by us to a client with the purpose of getting employed (employment contract) or entering an employment-like relationship (contractual relationship).
  • 'Personal Data' refers to any information referring to a natural person.
  • 'Processing of Personal Data' - any operation or set of operations that is performed upon the personal data, such as collection, recording, storage, disclosure to a third party.
  • 'CV' refers to curriculum vitae or resume and any other document, which provides information on the professional and educational background as well as desired career opportunities of candidates. A CV contains per definition personal data.

2. General Provisions

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • Unauthorized use of this website may give to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • You may not create a link to this website from another website or document without our prior written consent.
  • We shall not be responsible for any direct or indirect damages resulting from the use or incapacity to use this website, or resulting from the unauthorised access or alteration of the transmissions or users' data, including, but without limitation to damages for profit losses, use, data or other intangible things, even if we have been informed of the possibility of such damages.

3. Copyright Notice

This website and its content are copyright © of BINDER & Partners. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

  • You may print or download to a local hard disk extracts for your professional use in direct connection with a potential or existing cooperation between your organization and us.
  • You may print or download to a local hard disk extracts for your personal and non-commercial use.
  • You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

In all other cases, you may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

4. Final Provisions

  • We are not responsible in any way in case of force majeure for the functioning of the services and the fulfilment of the contractual obligations.
  • We use data protection and security measures, which we consider as sufficient and appropriate. However, we will not be liable for any loss of personal data in connection with a criminal act.
  • The present website legal terms and conditions are governed and interpreted according to the Hungarian legislation. Any dispute controversy or claim arising out of or in connection with the present provisions shall be amicably solved. In case the amicably solving is not possible the disputes will be finally settled by the relevant competent court in Budapest.
  • If one or more clauses of the website legal terms and conditions become invalid for whatever reason the remaining parts will remain fully valid.
  • Our website may be accessed anywhere inside and outside of Hungary. Users accessing this website from outside Hungary have to make sure that using this website is in compliance with their local rules and regulations.

If you have any further questions about our website or in connection with cooperating with us, please contact us directly.

Information on Data Processing Policy

I. GENERAL PROVISIONS

1. Data of the Service Provider and/or Controller

BINDER & Partners Kft and its General Manager, Dr. Paul Binder (details see Imprint) are thereafter referred as ‘Controller’. The Controller applies the following Data Processing Principles and Policy (thereafter: “Policy” ) in conducting data processing activities. The policy on data processing as amended from time to time is available on this website www.binder-partners.eu (thereafter ‘website’).

The Controller reserves the right to change the Policy in order to harmonize it with the changing legislative background as well as with any other internal policy. The Policy governs data processing activities related to the Controller’s services and available through the website.

II. PURPOSE OF THE POLICY

1. In relation to the content published on the website, the Controller attaches a particular importance and is also committed to ensuring protection for the personal data provided by the visitors of the website and the users (hereinafter collectively: “Users”), respecting their right to informational self-determination. In this context, it fully complies with all relevant legislation in force in promoting the safe use of the internet for the Users.

2. Therefore, this Policy is aimed at ensuring comprehensive rules for the processing of all facts, information and data (thereafter collectively: ‘personal data’) involved in the operation of and displayed on the website, those affecting informational self-determination and freedom of information  as well as the protection of such data from being accessed, used or potentially made public by unauthorized third parties.

3. The Controller takes any and all IT measures related to data storage, data processing and data transfer as well as any other measures supporting the safe processing of data, in order to ensure protection of the data.

III. BASIC DEFINITIONS

Data subject and/or User: any defined natural person who is or can be identified, directly or indirectly, by reference to any personal data;

Personal Data: any data associated with the data subject – in particular the data subject’s name, identifier or one or more pieces of information specific to his/her physical, physiological, mental, economic, cultural or social identity – as well as any conclusion that can be drawn from the data regarding the data subject;

Candidate refers to a natural person, who is interested to be introduced by the Controller to a Client with the purpose of getting employed (employment contract) or entering an employment-like relationship (contractual relationship);

Client means a company or organization which instructs or might instruct the Controller with the search for Candidates;

Consent: any freely given, informed and unambiguous indication of the data subject's wishes by which he or she clearly signifies agreement to the processing of personal data relating to him or her, either as a whole or limited to specific operations;

Legitimate interest: it is in the legitimate interest of all natural persons to be offered better jobs, better salaries, thus better lives by the Controller (BINDER & Partners Kft). An offer, which they can accept or decline without any further obligations. It is also in the legitimate interest of the Controller to keep data on such natural persons, who for whatever reason do not want to be offered other jobs. Only by storing their data the Controller can guarantee and respect their privacy;

Controller: any natural person, legal entity (BINDER & Partners Kft) or organization without legal personality which, alone or jointly with others, determines the purposes for which data are processed, makes decisions on processing (including the means thereof) and implements such decisions or engages a processor to implement them;

Processing: regardless of the procedure applied, it includes any operation or set of operations performed on the data, in particular the collection, recording, registering, organization, storage, alteration, use, retrieval, transfer, disclosure, alignment or combination, blocking, erasure and destruction of data, as well as preventing any further use of data, making any photographs, audio or video recordings, or recording any physical characteristics allowing for the identification of the given person;

Transfer: making the data available to specific third parties;

Data handling: performing any technical tasks related to data processing operations, regardless of the method and means applied for carrying out the operations as well as of the place of application, provided that such technical task is performed on the data;

Data file: the data handled in the same electronic register, taken as a whole;

Third party: any natural person, legal entity or organization without legal personality other than the data subject, the controller and the processor;

Website: www.binder-partners.eu

Partner: the legal entities and business associations without legal personality using the Controller’s services on a contract basis, to which the Controller transfers or may transfer personal data or in relation to which the Controller performs or may perform any data storage, data processing, or any related IT or other activity supporting the safe processing of data.

IV. THE CONTROLLER

1. The Controller makes sure that the data subject may be informed of all provisions of this policy. Furthermore, the Controller also makes sure this policy is available to the data subject.

2. The Controller does not verify the personal data provided to it and declines any responsibility for their correctness.

3. The Controller makes every reasonable effort to protect the personal data processed by it against any unauthorized access, alteration, disclosure, deletion, compromise and destruction, and to guarantee the technical conditions necessary for that.

4. The Controller declines any responsibility for the legality of any data processing carried out by any party it has a contract relationship with.

V. DATA PROCESSING PRINCIPLES

1. Any personal data may only be processed for a specific purpose, in order to exercise a right or to perform an obligation. Processing should, at every stage, be in accordance with the objective of processing, and data should be recorded and processed in a fair and lawful manner.

– Principle of purpose limitation –

2. Only those personal data may be processed which are essential and suitable for achieving the objective of processing. Personal data may only be processed to the extent and for such time as is necessary to achieve the objective.

– Principles of proportionality and necessity –

3. Personal data shall be considered as such as long as their links to the data subject can be restored. Links to the data subject shall be deemed restorable if the Controller is able to provide the technical conditions necessary for restoring them.

4. In the course of processing, it shall be ensured that data are accurate, complete and – if necessary for the purpose of processing – up-to-date, and that the data subject can only be identified for such time as is necessary to achieve the objective of processing.

5. By applying appropriate security measures, in order to protect the personal data stored in automated data files, the Controller prevents any accidental or unauthorized destruction or accidental loss or unauthorized access, alteration or dissemination of the data.

6. The data subject provides data on a voluntary basis. The Controller processes personal data with the data subject’s consent or based on legitimate interest. Free consent or agreement shall comprise the user behavior that consists in the user accepting that by using the website, he/she shall be automatically bound by all rules related to the use of the website.

– Personal scope of the Policy –

7. The Controller transfers personal data to third parties only exceptionally if the data subject has given his/her express consent thereto, or if it is in its legitimate interest or permitted by law, and if the safeguards for data processing are satisfied with regard to each and every personal data.

VI. ACTIVITIES AND DATA AFFECTED BY DATA PROCESSING

VI/A. Responding to a job advertisement on www.binder-partners.eu (Career Opportunities/Current Searches) or sending Personal Data for opportunities not advertised on www.binder-partners.eu (Career Opportunities/General Application) through the Website

Any transfer or sending of CVs to the Controller is voluntary. By sending over his/her CV, cover letter, certificates and other materials (if any) which the data subject considers as being relevant for the Controller, the data subject authorizes the Controller to deal with his/her sent data according to the Policy

Data processed in connection with the application through our website:
a. User’s title, first name, last name
b. User’s e-mail address and phone
c. Current company, industry, current position, function, level
d. Other relevant experience: function, industry
e. Text of the cover letter sent by the User if any
f. CV sent by the User and the data contained therein
g. Other materials sent by the User if any

VI/B. Transferring a CV to the Controller through e-mail

The Controller has ensured that the User may also respond to a given job advertisement or send his/her general application without using the website. In this case, the User may send his/her CV to office@binder-partners.eu or to the e-mail address of another staff member.

1. Responding to job advertisements using the e-mail address provided is voluntary.

2. Data processed in connection with the application:
a. User’s name
b. User’s e-mail address
c. Text of the cover letter sent by the User if any
d. CV sent by the User and the data contained therein
e. Other materials sent by the User if any

VI/C. Processing CVs

In the course of any data processing referred to in sections VII/A-B, the data subject makes or may make available to the Controller his/her CV and, the data specified in section VII/A-B., which are processed by the Controller.

Any transfer or sending of CVs to the Controller is voluntary.

VI./D The User’s interview

1. The User understands that if he/she applies for an open position on the website or sends a general application (subsections VI/A-B) the Controller will evaluate his/her background against the requirements of the client (in case of a response to a job advertisement) or the general market requirements as perceived by the Controller (in case of a general application). It is the Controller’s decision whether the Controller will invite the data subject for a personal interview.

2. The Controller – including the Controller’s Staff Members – may invite the data subject for an interview to be held in person or via any audio (-visual) equipment.

3. Attending interviews is voluntary.

4. Data processed by the Controller in connection with the interview in person:
a. the data specified in subsection VI/A-B.;
b. any other data recorded, communicated by the data subject to the Controller or Staff Member during the interview, including sensitive data;
d. any conclusion, statement or opinion formed by the Controller or the Staff Member regarding the appearance, personality or character of the data subject;
e. any statement made by the data subject;
f. any test and/or other exercise aimed at measuring any knowledge and/or skills, completed by the data subject, along with their results.

VI/E. Transferring any other type of message, which is neither specified in VI/A. nor VI/B. (‘unrequested message’) to the Controller through the website or email (to office@binder-partners.eu or to the e-mail address of another staff member)

1. Transferring an unrequested message is voluntary.

2. The User entitles the Controller to process the following Data in connection with the unrequested message.
a. User’s name
b. User’s e-mail address and phone
c. Text, materials and other personal data (if any) provided by the User

3. The Controller decides at its own discretion (if not otherwise regulated by law) how to handle an unrequested message.

4. The Controller is not obliged to respond to an unrequested message (if not otherwise regulated by law).

5. Written messages in electronic form may be submitted to the Controller only through the website or email (to office@binder-partners.eu or to the e-mail address of another staff member).

VII. STORAGE OF PERSONAL DATA, INFORMATION SECURITY

1. Personal data may only be processed in accordance with the activities referred to in section VI, with respect of the legitimate interests of the data subject and the Controller (section III) and in line with the purposes of data processing

2.The objectives of data processing are the following:

2.1. Preparing, concluding and performing the contracts concluded or to be concluded with the Controller, including in particular recording, storing and processing the data subject’s data for the purpose of contacting and maintaining contact with him/her;

2.2.Managing the database intended for the purpose of using the Controller’s services;

2.3. Transferring the Partner’s data to the data subject;

2.4. Meeting any legal obligations and asserting any legitimate interests of the Controller;

2.5. Following termination of the contract with the Controller, exercising any rights and meeting any obligations arising from the contract, in particular asserting any claims under the contract;

2.6. Preventing, investigating and detecting any abuses in relation to the Controller’s services;

2.7. Based on a specific consent to this effect, contacts initiated by the Controller for direct marketing or market research purposes;

2.8. Improving the quality of services within the Controller’s profile, and for this purpose, conducting market research as well as surveys relating to habits.

3. The legal basis of data processing: the data subject’s free consent based on the preliminary information given by the Controller. If the processing of personal data is required by law, data processing shall be compulsory. The Controller shall also inform the data subject of this fact. If personal data have been recorded with the consent of the data subject, unless otherwise provided by law, the Controller may also process the data recorded even without any further specific consent and even following withdrawal of the data subject’s consent in order to meet its legal obligation or to assert its own or any third party’s legitimate interests, provided that such interests are asserted in proportion to any limitation of rights to the protection of personal data. The Controller shall inform the data subject if his/her personal data are processed on this legal basis.

4. Duration of data processing: until the data subject’s personal data are deleted upon his/her request or he/she withdraws his/her consent to the processing of his/her data, or in the absence of such a provision – and unless otherwise provided by law –, until the data subject reaches legal retirement age.

5. Any modification or deletion of personal data, any withdrawal of consent, or any request for information on the processing of personal data is possible by sending a notification to office@binder-partners.eu

6. The Controller ensures an IT environment for the processing of personal data in providing the services in such a way that The personal data provided by the data subject are combined by the Controller with the data specified in section VI if such data are available. It ensures that the personal data can only be accessed by staff members of the Controller for whom it is indispensable in order to carry out their tasks arising from their job duties. The date of modification is always indicated whenever data are modified. Backups are saved of the data.

7. In processing the data – in particular while storing, correcting or deleting them – and in the case of any information request or objection by the data subject, the Controller ensures the expected security level.

8. Any other data of the data subject which cannot be associated with him/her neither directly nor indirectly and are unidentifiable (hereinafter: “anonymous data”) shall not qualify as personal data.

9. Use of “cookies”

This website does not use cookies.

VIII. LEGAL REMEDIES

1. The data subject may ask for information on the processing of his/her personal data, or request that they are corrected or – except for data processing required by law – deleted or blocked by writing to the e-mail address office@binder-partners.eu or, with respect to individual activities involved by data processing, according to the instructions specified for them.

2. Upon the data subject’s request, the Controller provides information on the data processed by it, on the purpose, legal basis and duration of data processing, on the processor’s data and their activity associated with data processing, as well as on who receives or received the data and for which purpose.

3. The Controller shall correct any incorrect personal data, or delete the data if:
a. their processing is unlawful;
b. the data subject so requests;
c. they are incomplete or incorrect – and this cannot be lawfully resolved –, provided that deletion is not excluded by any law;
d. the purpose of data processing no longer exists, or if the statutory data retention period has expired;
e. it has been ordered by a court or the National Authority for Data Protection and Freedom of Information.

4. The Controller provides notification on the correction and deletion to the data subject as well as to all parties to which the data have been transferred earlier for processing. Such notification can be omitted if this does not adversely affect the legitimate interests of the data subject, having regard to the purpose of processing.

5.The data subject may raise an objection against processing of his/her personal data if
a. the processing (transfer) of personal data is only necessary for asserting the Controller’s or data recipient’s rights or legitimate interests, except in case of mandatory processing;
b. the personal data are used or processed for the purpose of direct marketing, opinion polling or scientific research;
c. the law otherwise allows for exercising the right of objection.

6. The Controller shall inquire into the objection – while suspending data processing – within the shortest time from the request being submitted but no more than 20 working days and inform the requestor of the result in writing. If the requestor’s objection is justified, the Controller shall stop processing the data – including any further recording and transfer –, block the data, and provide information on the objection and the measures taken on the basis thereof to all parties to whom it transferred the affected personal data earlier and who are required to take measures in connection with the right of objection being exercised.

7. If the data subject does not agree with the Controller’s decision or if the Controller misses the deadline set forth in section 6, the data subject shall be entitled to apply to a court within 30 days from giving notice thereof.

8. Asserting rights before a court: The data subject may apply to a court if his/her rights are infringed. The court shall give priority to such cases. The burden of proving that data processing complies with the law lies with the Controller.

9. In the case of any violation of his/her right of informational self-determination, he/she can submit notifications or complaints to:

National Authority for Data Protection and Freedom of Information
Address: 1125 Budapest, Szilágyi Erzsébet fasor 22/c
Telephone: +36 (1) 391 1400
Fax: +36 (1) 391 1410
www.naih.hu
e-mail: ugyfelszolgalat@naih.hu

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