Data Privacy Policy

(Last updated: October 2018)

Thank you for visiting our website and for your interest in our company. The protection of your personal data is a matter of great importance to us. Below we inform you about the handling of your personal data when visiting our website https://kandidataasia.com/.

Personal data are individual details about personal or factual circumstances of a specific or identifiable natural person. This includes information such as the civil name, address, telephone number and date of birth.

I.             Responsible Body

Responsible Body according to European General Data Protection Regulation (“GDPR”):

Kandidata Asia Pte Ltd

# 42

6 Battery Road

Singapore 049909

Tel.: + 65 6232 2868

Fax: + 65 6232 2888

e-Mail: info@kandidataasia.com

II. Data Protection Officer

Our data protection officer within the meaning of the Singapore Personal Data Protection Act (“PDPA”) is Maria Amerstorfer and can be reached via maria@kandidataasia.com. We do not have a data protection officer within the meaning of the GDPR, since we are not legally required to appoint one. However, all questions relating to your personal data may be directed at the above named person.

III. Purposes and Legal Basis of the Data Processing

1. Informational Use of the Website

You can visit our website without providing any personal information. If you use our website for informational purposes only, i.e. do especially not fill in an enquiry form, subscribe to our blog and news updates, or partake in an EQ assessment or otherwise provide us with information about yourself, we do not collect any personal data, with the exception of the data that your browser transmits to enable you to visit the website as well as information that is transmitted to us through cookies used for statistical analysis of the use of our website.

a. Technical Provision of the Website

For the purpose of the technical provision of the website, it is necessary that we process certain automatically transmitted information about you so that your browser can display our website and you can use the website. This information is automatically collected for each visit of our website and stored in our server log files. This information refers to the computer system of the requesting computer. The following information is collected thereby:

  • IP-address
  • Browser type / -version (e.g.: Firefox 59.0.2 – 64 Bit);
  • Browser language (e.g.: German);
  • Operating system (e.g.: Windows 10);
  • Internal resolution of the browser window;
  • Screen resolution;
  • Javascript activation;
  • Java on / off;
  • Cookies on / off;
  • Color depth;
  • Time of access.

Furthermore, we use cookies to make our website available to you for use. Cookies are text files that are stored in the internet browser or by the internet browser when you visit a website on your computer system. A cookie contains a characteristic string of characters that enables a unique identification of the browser when the website is called up again. We use these cookies exclusively to provide you with our website and its technical functions. Some functions of our website may not be offered without the use of cookies. The following information is stored in the cookies and transferred to us:

  • Cookie-ID
  • Navigation Paths
  • Length of Visit
  • Page Views
  • Log-in Information

Your information, collected by us through the aforementioned cookies, will not be used by us to create user profiles or to evaluate your browsing behavior.

To the extent a legal basis for our data processing activities is required under the GDPR, we process your personal data for the technical provision of our website on the following legal basis:

  • for the fulfilment of a contract or for the implementation of pre-contractual measures pursuant to Art. 6 para. 1 letter b GDPR, provided you visit our website to obtain information about our assessments or other products; and
  • to protect our legitimate interests pursuant to Art. 6 para. 1 letter f GDPR in order to make the website technically available to you. Our legitimate interest is to offer you an appealing, technically functioning and user-friendly website.

b. Statistical Analysis of Website Usage and Range Increase

For the purpose of statistical analysis of the use of our website, we use tracking services such as Google Analytics and thus cookies, which enable an analysis of your browsing behaviour. This enables us to improve the quality of our website and its content. We learn how the website is used and can thus continuously optimize our offer.

The information obtained in the context of the statistical analysis of our website will not be merged with your other data collected in the context of the website.

To the extent a legal basis for our data processing activities is required under the GDPR, we process your personal data for statistical analysis of the use of our website on the following legal basis:

  • Your consent pursuant to art. 6 para. 1 letter a GDPR.

Google Analytics

On our website https://kandidataasia.com/we use Google Analytics, a web analysis service of Google Inc. Google Analytics uses so-called “cookies”: text files placed on your computer, enabling an analysis of the use of the website by you. The information generated by the cookie about your use of our website is usually transferred to a Google server in the USA and stored there. However, as IP anonymisation is activated on our website, Google will shorten your IP address within Member States of the European Union or in other contracting states of the Agreement on the European Economic Area beforehand. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On our behalf, Google will use this information to evaluate your use of the website, to compile reports on website activities and to provide the website operator with other services relating to website and internet use. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data.

Where the Google services, in particular Google Analytics, would otherwise process data in such a way, which might potentially be connected to a specific user, we use Google Analytics only with the extension “_anonymizeIp()” on our website. This arranges for IP addresses to be further processed in abridged form, a direct relation to a person can be ruled out.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that in this case you may not be able to use the full scope of functions on our website.

You can prevent the collection of data generated by the cookie and relating to your use of our website (including your IP address) and the transmission to Google as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

As an alternative to the browser plugin, you can click this link to prevent Google Analytics from collecting data about our website in the future. An opt-out cookie is stored on your device. If you delete your cookies, you must click the link again.

For more information on Google Analytics’ Terms of Use and Privacy Policy, please visit http://www.google.com/analytics/terms/de.html or https://www.google.de/intl/de/policies/

DoubleClick

We use the marketing tool DoubleClick for conversion tracking as part of Google DoubleClick Digital Marketing. DoubleClick Floodlight is an analysis service by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; „Google“). When you click on an ad placed by Google, a conversion tracking cookie is placed on your computer.

If you visit certain pages of our website and the cookie has not yet expired, Google and we can determine that you clicked on one of our ads and were redirected to this page. By using this method, we can measure whether users perform certain actions, like contact us or book an Audi, after coming to our website through one of various marketing channels. Since each user gets issued a unique cookie, we do not count the same user more than once even if they come to our website through different marketing channels.

The information collected using the conversion cookie is used to generate conversion statistics for Google Digital Marketing customers who have opted for conversion tracking. Customers can see the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they will not receive any information that helps to identify users personally.

You can withdraw your consent by preventing the installation of cookies by setting your browser software accordingly (deactivating cookies). You are then not included in the conversion tracking statistics. Further information and Google’s privacy policy can be found at: http://www.google.com/policies/technologies/ads/and http://www.google.de/policies/privacy/.

c. Social Links

The website includes links to services such as Facebook, LinkedIN and Youtube. After clicking on the respective link you will be redirected to the page of the respective provider, i.e. only then will user information be transferred to the respective provider. For further information on the handling of your data when using the websites of other providers, please refer to the respective data privacy policies of these providers.

2. Active Use of the Website

In addition to the merely informational use of our website, you can also actively use our website, for example to partake in one of our online assessments, to register for our newsletter or to contact us. In addition to the above-mentioned processing of your personal data for merely informational purposes, we will also process other personal data that we require from you to process your order or to process and respond to your inquiry.

a. User Requests

In order to process and answer your inquiries to us, e.g. via the contact form or our e-mail address, we process your personal data provided by you in this context. In any case, this includes your name and e-mail address in order to send you an answer, as well as the other information that you send us in the context of your message.

To the extent a legal basis for our data processing activities is required under the GDPR, we process your personal data in order to respond to user inquiries on the following legal basis:

  • to protect our legitimate interests pursuant to art. 6 para. 1 lit f GDPR; our legitimate interest is to answer customer inquiries appropriately.

b. Online Assessment Sign-up Process

Through our website we offer you the option to sign up for assessments and other services regarding the field of “emotional intelligence”.

After placing a request to partake, we will forward it to the respective organisation selected by you in the order process. For this purpose the following data is collected:

  • Specific assessment selected;
  • Number of assessments;
  • Preferences regarding evaluation and transmission of results;
  • Organizations providing the selected assessment.

To the extent a legal basis for our data processing activities is required under the GDPR, we process your data for the above purposes on the following legal basis:

  • for the performance of a contract or for the implementation of pre-contractual measures pursuant to art. 6 para. 1 letter b GDPR, if you use our portal to inform yourself about our assessments and related services.
  • to safeguard our legitimate interests pursuant to art. 6 para. 1 letter f GDPR, in order to make the portal technically available to you. Our legitimate interest is to be able to provide you with an appealing, technically functioning and user-friendly portal.

c. Payment

We employ a payment service provider to process your payment for the assessment.

To the extent a legal basis for our data processing activities is required under the GDPR, we process your data for the above purposes on the following legal basis:

  • for the performance of a contract or for the implementation of pre-contractual measures pursuant to art. 6 para. 1 letter b GDPR

Currently we employ Paypal (PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg) to handle certain payment processes. The data received and processed by PayPal in this regard includes your e-mail, name and other information provided to us by you in the context of the payment of the services as well as the bank and registration information, which you have provided to PayPal and over which we have no control.

For further information regarding PayPal’s handling of personal data please refer to their privacy policy, which is available under: https://www.paypal.com/us/webapps/mpp/ua/privacy-full.

d. Assessment Processing

To enable you to partake in the assessment, we transmit your first and last name, contact data (email address, language preference, age and gender) as well as any assessment-relevant data to the organization providing the assessment.

To the extent a legal basis for our data processing activities is required under the GDPR, we process your data for the above purposes on the following legal basis:

  • for the performance of a contract or for the implementation of pre-contractual measures pursuant to art. 6 para. 1 letter b GDPR;

e. Legal Compliance

We also process your personal data in order to fulfil other legal obligations that we are subject to in connection with the processing of your order. These include in particular retention periods under commercial, trade or tax law.

To the extent a legal basis for our data processing activities is required under the GDPR, we process your data for the above purposes on the following legal principles:

  • to fulfil a legal obligation to which we are subject pursuant to art. 6 para. 1 letter c GDPR in connection with commercial, industrial or tax law, insofar as we are obliged to record and store your data.

f. Law Enforcement

We also process your personal data in order to assert our rights and enforce our legal claims. We also process your personal data in order to be able to defend ourselves against legal claims. Finally, we process your personal data to the extent necessary to defend ourselves against or prosecute criminal offences.

To the extent a legal basis for our data processing activities is required under the GDPR, we process your data for the above purposes on the following legal basis:

  • to protect our legitimate interests pursuant to art. 6 para 1 letter f GDPR, insofar as we assert legal claims or defend ourselves in legal disputes or we prevent or clarify criminal offences.

g. Promotional Purposes, such as Newsletters, Surveys, etc.

With your consent we use your data for advertising purposes, such as the transmission of our newsletter, for advertising surveys or invitations to events of interest to you. We collect mandatory information such as your e-mail address, but also information that you voluntarily provide to us. We use this voluntary information to permanently improve your experience on our website and within our assessment services and make it more customer-friendly for you, to enable us to address you individually in the future, to analyse your preferences and to inform you about the assessments that best suit you and to make advertisements more useful and interesting for you. You can cancel these notifications at any time in your user account or by clicking on the unsubscribe link provided in the newsletter.

We also use existing information for this purpose, such as confirmations of receipt and reading of e-mails, information about your computer and connection to the internet, operating system and platform, your order history, your request history, date and time of your visit to the homepage and the assessment products you have viewed. We use this information exclusively in pseudonymized form. The analyses and evaluation of this information enables us to improve our website and our offer and send you individual advertising.

The evaluation and analysis of this data helps us to prevent the sending of random advertisement to you. Rather, we send you advertising, such as newsletters, product recommendations or invitations by e-mail or letter advertising, which correspond to your areas of interest. In this respect, we also compare, for example, which of our advertising e-mails are opened by you in order to avoid unnecessary e-mails being sent to you. We will only send you newsletters if you have given us the explicit consent to do so.

Newsletter Service Provider:

For the performance of our newsletter service we use the service provider “Mailchimp” (The Rocket Science Group, LLC, 765 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308 USA). In the context of the services provided by Mailchimp, data collected by and transferred to Mailchimp regularly includes: name and e-mail address provided upon opt-in, IP address, receipt of email, opening of an email and time of opening, click through behavior.

For more information of Mailchimp’s handling of personal data please refer to its privacy policy at https://mailchimp.com/legal/privacy/.

Legal bases:

To the extent a legal basis for our data processing activities is required under the GDPR, we process your data for the dispatch of newsletters, surveys etc. on the following legal basis:

  • If you have given us your consent by double opt-in procedure, pursuant to art. 6 para. 1 letter a GDPR;
  • If you have provided us with your e-mail address in connection with the purchase of goods or services (such as assessments) or if we send you personalised advertising, in order to safeguard our legitimate interests pursuant to art. 6 para. 1 letter b GDPR; our legitimate interest is based on our economic interests in the implementation of advertising measures and target group-oriented advertising.

Use of Data for e-mail Advertising and your Right of Objection

If we have received your e-mail address in connection with the conclusion of the contract and the provision of our assessment products and you have not objected to this, we reserve the right to regularly send you offers for similar products from our range of assessment products by e-mail. You can object to this use of your e-mail address at any time by sending a message to the contact option described below or via a link provided for this purpose in the advertising e-mail, without incurring any costs other than the transmission costs according to the basic rates.

IV. Links

Some sections of our web pages contain links to the web pages of third parties. These websites are subject to their own data protection principles. We are not responsible for their operation including the data handling. If you send information to or about such third party sites, you should review the privacy statements of those sites before you submit any information that may assigned to you.

V. Categories of Recipients

Firstly, only our employees will be informed of your personal data. In addition, we share your personal data with other recipients who provide services to us in connection with our website, insofar as this is legally permitted or prescribed. We limit the transfer of your personal data to what is necessary, in particular to enable your participation in the online assessment. In some cases, our service providers receive your personal data as contract data processors and are then strictly bound by our instructions when handling your personal data. In some cases, the recipients act independently with your data, which we transmit to them.

Below, we describe the categories of recipients of your personal data:

  • Payment service providers and banks, if applicable, during payment processing,
  • External service providers for sending invoices by post,
  • Assessment service providers to enable you to complete the assessment,
  • IT service providers who administrate and host our website,
  • Possibly further categories of recipients.

VI. Transfer to Third countries

With regard to Google Analytics, we transfer your shortened IP address to the USA. The data transfer is based on the EU Commission implementing decision (EU) 2016/1250 of 12 July 2016 pursuant to Directive 95/46/EG of the European Parliament and of the Council on the adequacy of the protection provided by the EU-US data privacy shield.

Where a transfer of personal data to a third country takes place in the context of a data process controlled by us and performed by a third party, we work with the service provider on the basis of a data processing agreement in the sense of Art. 28 GDPR. This includes the newsletter service Mailchimp (see description and information above) as well as PayPal (see above also).

Furthermore, we do not transfer your personal data to countries outside the EU or the EEA or to international organisations.

VII. Duration of Storage

1. Informational Use of the Website

When using our website for information purposes only, we store your personal data on our servers exclusively for the duration of your visit to our website. After you have left our website, your personal data will be deleted immediately.

Cookies installed by us are usually also deleted after leaving our website.

2. Active Use of the Website

If you actively use our website, we initially store your personal data for the duration of responding to your inquiry or for the duration of our business relationship. This also includes the initiation of a contract (pre-contractual legal relationship) and the execution of a contract.

In addition, we will store your personal data until any legal claims arising from the relationship with you become time-barred, in order to use them as evidence if necessary.

Upon expiry of the limitation period, we delete your personal data, unless there is a legal obligation to store such data.

Google Analytics Cookies:

In accordance with our use of Google Analytics (see above for more information), this website uses persistent Cookies, which means the respective cookies are stored as a file on your computer and remain there even when you close your web browser. Once you visit this website again, these cookies can be “read” by the website. If you do not delete the cookies manually via the functions of your browser, these cookies will at the latest be deleted after one year.

VIII. Your Rights as Data Subject

To the extent the GDPR applies, youare entitled to the following rights as data subject, which you can assert against us. Similar rights may exist under the PDPA.

Right to information:You are entitled to request confirmation from us at any time within the scope of art. 15 GDPR as to whether we are processing personal data relating to you; If this is the case, you are also entitled under art. 15 GDPR to receive information about such personal data as well as other specific information (inter alia, processing purposes, categories of personal data, categories of recipients, planned storage period, the origin of the data, the use of automated decision-making and, in the case of transfers to third countries, the appropriate guarantees) and a copy of the data.

Right to correction: According to art. 16 GDPR, you are entitled to demand correction of the personal data stored about you if it is inaccurate or incorrect.

Right to deletion: You are entitled, under the conditions of art. 17 GDPR, to request from us the deletion of personal data relating to you without delay. Among other things, there is no right of deletion if the processing of personal data is necessary for (i) the exercise of the right to freedom of expression and information, (ii) the fulfilment of a legal obligation to which we are subject (e.g. statutory retention obligations) or (iii) the assertion, exercise or defence of legal claims.

Right to limitation of processing: Under the conditions of art. 18 GDPR you are entitled to request from us the limitation of the processing of your personal data.

Right to data transferability:You are entitled, under the conditions of art. 20 GDPR, to request from us the provision to you of the personal data relating to you that you have submitted to us in a structured, current and machine-readable format.

Right of revocation:You have the right to revoke your consent to the processing of personal data at any time with effect for the futurewithout incurring any costs other than the transmission costs according to the basic rates.

Right to objection:You are entitled to object to the processing of your personal data under the conditions of art. 21 GDPR, meaning that we have to terminate the processing of your personal data. The right of objection exists only within the limits provided for in art. 21 GDPR. In addition, our interests may prevent the processing from being terminated, so that we are entitled to process your personal data despite your objection.

Right of appeal to a supervisory authority: You are entitled to file a complaint with a supervisory authority, in particular in the Member State of your place of residence, work or suspected infringement, under the conditions laid down in Article 77 GDPR, if you believe that the processing of personal data concerning you infringes the GDPR. The right of appeal is not prejudicial to any other administrative or judicial remedy. Please note that werecommend that you always address a complaint at us first and we will do our best to address your concern.

IX. Scope of your Obligations to provide Data

Generally, you are not obliged to provide us with your personal data. However, if you do not provide this information, we will not in all cases be able to make our website available to you, answer your questions andor enter into a contract with you. Personal data which we do not necessarily require for the above-mentioned processing purposes are marked as voluntary information by a “if applicable” or another symbol.

X. Automated Decision Making/ Profiling

We do not use automated decision making or profiling (an automated analysis of your personal circumstances).

XI. Amendments

We reserve the right to change this privacy policy at any time. Any changes will be announced by publishing the amended privacy policy on our website. Unless otherwise specified, such amendments shall take immediate effect. Please check this privacy policy regularly to ensure you have the latest version.

Information about your right of objection under art. 21 GDPR (only applicable to the extent the GDPR applies) 

  1. You have the right to object at any time to the processing of your data on the basis of art. 6 para. 1 f GDPR (data processing on the basis of a balance of interests) or art. 6 para. 1 e GDPR (data processing in the public interest), if there are reasons for this arising from your particular situation. This also applies to profiling based on this provision within the meaning of art. 4 No. 4 GDPR. If you object, we will no longer process your personal data, unless we can prove compelling and applicable reasons for the processing, which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
  1. We also process your personal data in individual cases for direct marketing purposes. If you do not wish to receive advertising, you have the right to object to it at any time; this also applies to profiling, insofar as it is associated with such direct advertising. We will take this contradiction into account in the future. We will no longer process your data for direct marketing purposes if you object to the processing for these purposes.

The objection can be made without formality and should be addressed to

Kandidata Asia Pte Ltd
# 42
6 Battery Road
Singapore 049909
Tel.: + 65 6232 2868
Fax: + 65 6232 2888
e-Mail: info@kandidataasia.com

Last updated in October 2018