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Privacy Policy
  1. Privacy Policy
    This Privacy Policy applies to all users (“you”, “user” or “the Client”) of Emply Hire (“the Solution”). The Client and Emply International ApS are jointly refereed to as “the Parties”. It is a condition for using the Solution that the Client has entered into a Frame Agreement for Software as a service (“Frame Agreement”) and accepts Emply’s General Terms and Conditions (“the GTC”).

    This Privacy Policy, the General Terms and Conditions and the Frame Agreement comprise the entire contractual relationship between the Parties regarding the Solution.

    When having entered into the Frame Agreement, the Client may use the Solution in accordance with the GTC and the Privacy Policy.

    By accessing the Solution, the Client agrees to this Privacy Policy.

    Any new features added to the Solution shall be subject to the Privacy Policy.

    This Privacy Policy may be updated from time to time and the most current version of the Privacy Policy shall govern the Parties’ contractual relationship.

    In case of material changes to the Privacy Policy, Emply will notify the Client of the change.

    It is the Client’s responsibility to stay updated on changes in the Privacy Policy, even if Emply aims to notify the Client in advance of any significant changes of the Privacy Policy.

    If the Client does not abide by this Privacy Policy, Emply may terminate the Client’s account and the contractual relationship between the parties with immediate effect.

    The conditions stated below applies to ensure the protection and security of information relating to an identified or identifiable natural person passed on from a person controlling the data to a person who processes the data.

    The Danish Data Protection Act (Act no. 429 of 31 May 2000) and the EU Data Protection Directive place certain obligations upon a data controller to ensure that any data processor which it engages provides sufficient guarantees to ensure that the processing of the data carried out on its behalf is secure.

    These conditions applies to ensure compliance with the Danish Data Protection Act.
  2. Purpose of use
    Emply receives and processes applicant and employee data related to the Client’s applicants and employees.

    The Client is using the Solution, meaning that the Client enables its users to submit personal information such as name, address, personal registration number, educational information, recommendations, health information, etc. into the Solution.
  3. Definitions and intepretations
    In the following,

    1. “Personal Data” means any information (in manual, electronic or any other form) relating to an identifiable natural person, as defined in the Danish Act on Processing of Personal Data (in Danish: Persondataloven, hereinafter “the Act”), obtained by the Data Controller, the Data Processor and/or any of its affiliates and/or representatives, as the case may be.
    2. “Processing” or “Process” mean any operation or set of operations, which are performed on Personal Data, whether or not by automatic means, and may include the transfer of data to any country within the European Economic Area.
    3. “Data Subject” means the named natural person being an applicant to or employee of the Data Controller.
    4. “Data Controller” means the Client which alone or jointly with others determines the purposes and means of the processing of Personal Data;
    5. “Data Processor” means Emply/Emply ApS who processes personal data on behalf of the Data Controller.
  4. Obligations relating to the processing and protection of personal data
    The Data Processor agrees to Process the Personal Data at all times in accordance with the Act and solely for the purposes and in the manner specified from time to time by the Data Controller in writing and for no other purpose or in any manner except with the express prior written consent of the Data Controller.

    1. The Data Processor will Process both sensitive and non-sensitive Personal Data and agrees to treat such information strictly confidential. The Data Processor is only entitled to use the Personal Data for the purpose mentioned above.
    2. The Data Processor will, in a manner consistent with the Act, implement appropriate technical and organisational measures to safeguard the Personal Data from unauthorised or unlawful Processing or accidental loss, destruction or damage of Personal Data.
    3. The Data Processor shall upon request from the Data Controller provide the Data Controller with the necessary information to enable the Data Controller to determine that such technical and organisational safety measures have been taken. The Data Processor shall adhere to conditions which may be stipulated by authorities in relation to Processing of Personal Data included in the services to be carried by Emply as part of running and maintaining the Solution.
    4. The Data Processor represents and affirms to the Data Controller that the Data Processor has complied with and shall continue to comply with its obligations under the EU Data Protection Directive, the Act and any applicable legislation enacted there under.
    5. The Data Controller represents and affirms to the Data Processor that the Data Controller has complied with and shall continue to comply with its obligations under the EU Data Protection Directive, the Act and any applicable privacy or data protection legislation.
    6. The Data Controller acknowledges that the Data Processor shall be entitled to Process Personal Data of applicants and employees supplied by the Data Controller or such applicants and employees themselves exclusively for the purpose for which the Data Subjects have granted consent to process their personal data.
    7. Any breach by either of the Parties will be deemed a material breach of the contractual relationship between the Parties.
    8. These conditions shall continue as long as the Data Processor provides services to the Data Controller or is Processing Personal Data, whichever is the longer at which time it shall expire.
    9. Any dispute or claim arising out of the Privacy Policy, or the breach, termination or invalidity hereof, shall be governed by the laws of Denmark.
    10. Any dispute or claim arising out of the Privacy Policy, or the breach, termination or invalidity hereof must be brought before a court of law in Denmark.
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