Privacy Policy

26. July 2018

We highly value your privacy!
Emerald Nodes’ mission is to connect the world’s top candidates to allow them to find the best opportunities at the right time. Central to this mission is our commitment to be transparent about what data we collect, how it is used and with whom it is shared.

This Privacy Policy applies when you use our Services. Emerald Nodes is a network of professionals (“associates”) that connect people from their network (“candidates”) through Emerald Nodes with new professional opportunities.


Emerald Nodes UG (haftungsbeschränkt), Sächsische Straße 1, 10707 Berlin, Germany, e-mail: contact@emeraldnodes.com (see imprint), hereinafter "Emerald Nodes", as operator of the website "www.emeraldnodes.com" is the controller for the use of the personal data of users of the website pursuant to Art. 4 (7) of the EU General Data Protection Regulation (“GDPR”) and users of our service. You can contact our data protection officer via contact@emeraldnodes.com or our postal address with reference to "Data protection officer".

Furthermore, it is important to us that you know, at any point, when we store your personal data and how we use it.

We will collect, process and use your personal data in compliance with applicable European and German data protection law.

Scope of this Privacy Policy
The details provided in this Privacy Policy shall provide you with information about when and how we collect personal data related to you during your use of the websites under the domain ”emeraldnodes.com” and services operated by Emerald Nodes (“Service”) and how we use such data. We inform you about the kind of personal data, the scope of personal data, and the purposes that such collection and use of personal data is performed for. We therefore ask you to read the following explanations carefully.
This Privacy Policy is only valid for this website. The website might contain cross-references ("links") to other websites of third-party providers. Our Privacy Policy does not apply to websites of third parties. For this reason, users should carefully read privacy policies of third party websites collecting your personal data.

By agreeing to our Privacy Policy you agree to the collection, processing and use of your personal data in compliance with the laws applicable to the protection of personal data and the following provisions.

Definition of personal data
Personal data is any information relating to an identified or identifiable natural person. A person is identifiable, if the person can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity. This may include data such as e.g. name, email address, telephone number and mailing address. We process your data in the context of our service only when you have given us your consent to do so, the data is necessary for the performance of the contract or where it is permissible by law.
You may withdraw your consent to the processing of personal data at any time. A revocation has direct influence on the admissibility of the processing of your personal data as soon as directed to us.

If the processing of your personal data is based on legitimate interests, you have the right to object to processing the personal data. If you exercise your right of objection, we kindly ask you to explain the reasons why we should not process your personal data. If your objection is justified, we will review the facts and adjust or modify the processing of data or inform you about imperative legitimate grounds for the processing.

We will delete your personal data as soon as the data is no longer necessary for the respective purpose. It may occur that personal data is kept for the time during which possible claims may be asserted against us (for example statutory limitation period of three or in some cases, thirty years). Furthermore, we are required by law to store certain data due to the duties of proof and retention, inter alia from the German Commercial Code, the German Tax Code or the Money Laundering Act. The storage periods can be up to ten years.

Personal Data Emerald Nodes collects and the respective data sources
With every access of our Service, data related to this event is being saved to a protocol file or database on the server of our hosting service provider. This also applies to data you enter in order to use the Service or contact us.
 

For Website Visitors
We collect the following information:

  • File name of the content retrieved (respectively, information submitted by you in the course of using our service);

  • Date and time of the request;

  • Amount of data transferred, access status (content transmitted, content not found, etc.);

  • Operating system, browser and device type;

  • Screen resolution, language and time zone settings;

  • Referrer-URL, i.e. internet address of the website visited previous to accessing our offering;

  • IP address and name of your internet service provider.The IP address is stored for the period of use only and will be deleted or anonymized afterwards immediately.

We collect the aforementioned data as this is technically necessary for us to be able to display our website and to ensure the stability and security of the website. The legal basis of this processing is Art. 6 (1) sentence 1 lit. f) GDPR.

For Candidates
If you are referred as a candidate from one of our associates, we will collect the following information about you:

  • Contact data (name, address, e-mail, phone, etc.)

  • Publicly available data from other online platforms such as LinkedIn, etc.

If you are not interested or we do not receive any e-mail or phone call within one year after our initial contact, we will delete your data.

If you are interested in our services, you can provide us with more data about yourself, in order for us to perform our service:

  • Your CV, including educational institutions, past employers, interests, etc.

  • Answers to our questionnaires

  • Any information you shared with us via e-mail or messenging services such as SMS, WhatsApp, Telegram, Signal, Facebook Messenger, or similar as well as phone calls and in-person meetings

We will store this information in our database until you request its deletion.

For Associates
If you are registered as an associate, we collect and store the following information about you:

  • Contact information (name, address, e-mail, phone, etc.)

  • Publicly available data from other online platforms such as LinkedIn, etc.

  • Any information you shared with us through digital communication such as text message, WhatsApp, Telegram, Signal, Facebook Messenger, or similar as well as phone calls and in-person meetings

  • Data about your use of our service

  • Performance data (number of successful referrals, etc.)  

  • Data necessary to pay out your earned referral fees (bank connection data, etc.)


How Emerald Nodes uses your personal data
Emerald Nodes uses the data for the following purposes:

  • Providing services with regards to surfacing potential professional opportunities, e.g. matching you with partner companies of our network,      

  • making sure that you have the best possible user experience

  • honoring our contractual obligations to you, e.g. inform you about possible connections with our partner companies

  • enabling you to participate in our interactive service as far as you like or to inform you about changes to our service.

Emerald Nodes can contact the candidate or the employer via phone, email or messaging service and suggest companies which fit the candidate profile or suggest candidates which fit a company’s profile. The legal basis of this processing is Art. 6 (1) sentence 1 lit. b) GDPR. A storage of data can be revoked at any time.

The specified data and your entire user account can always be deleted by notifying us via e-mail (contact@emeraldnodes.com). You agree to treat personal access data confidential and not to make such data available to unauthorized third parties. We do not assume liability for misused passwords unless we are responsible for the abuse. You should notify us immediately if you are concerned about a third party having knowledge of your password, if the password is used unauthorized or this seems to be likely. You are responsible for ensuring that your information is accurate and complete and that you notify us of any changes to the information provided. You can review and update the information provided and your account settings section of our website. After completing communication with Emerald Nodes you should log out and close the browser window, especially if you share the computer with other people.

Due to commercial and tax regulations, we may be obliged to store part of the personal data transferred (e.g. payment data) for a period of 10 years. After a period of [e.g. 2 years] we restrict the use of specific data and, as a consequence, the data may be used to comply with legal obligations only.

Transfer of Data to third parties and outside of the EU
We transmit your personal data to third parties only if you have consented to the transfer, if the transfer is necessary for the performance of the contract, or we are enforced to do so by law.

Companies we cooperate with to place the candidate and try to match the right person with the right job have will receive access to profiles of the candidates and therefore personal data of candidates are transmitted to the companies as a result. Before any data is transmitted the candidate is either asked for consent, has given general consent to do so or has explicitly asked for a connection with the company and therefore is informed about the transfer of the data. The companies are only allowed to process these personal data within the framework of the application process (especially save the data in their applicant tracking system) and to contact the candidate in case they are interested. The legal basis of this processing is Art. 6 (1) sentence 1 lit. b) and f) GDPR.

We sometimes use external service providers to process your personal data and to provide our services. They are carefully chosen and instructed by us. The data provided to our service providers may be used by them to fulfill their tasks only.

In particular, Emerald Nodes transfers personal data to service providers to be able to create and publish candidate profiles on the platform, to proof the candidate’s qualification, to invite candidates to online interviews with companies or with Emerald Nodes, to ensure communication between candidates and companies and between candidates and Emerald Nodes and to help candidates and companies with the Visa process (e.g. obtaining permission to work).

In order to improve the services of Emerald Nodes and to assess whether a contract between candidate and Company will take place soon, Emerald Nodes is able to access the communication between the candidate and the Company on the platform.

Emerald Nodes services, which connect professionals with economic opportunities across the globe, require by their very nature for data to flow from the European Union (EU) to the United States (U.S.) and back. To ensure that EU personal data is adequately protected when transferred outside the EU, the Data Protection Directive 95/46/EC and, as of May 25, 2018, the General Data Protection Regulation mandate that such transfers take place using certain legal mechanisms described in this EU Data Protection Unit FAQ.


In many cases, we will continue to use European Commission-approved Standard Contractual Clauses as a legal mechanism for data transfers from the EU. As explained in the EU Data Protection Unit FAQ, these clauses are contractual commitments between companies transferring personal data , binding them to protect the privacy and security of the data.

We remain committed to ensuring that our members continue to be able to use our services to advance their careers and pursue professional opportunities worldwide.


How Emerald Nodes uses cookies
In addition to the aforementioned usage data, cookies are stored on your computer when you use our website. These are small text files that are stored on your device and through which Emerald Nodes receives certain information. However, cookies cannot run programs or transmit viruses to your computer. We use cookies to configure a visit to our website more attractive and to enable the use of certain functions.

We use transient and persistent cookies on our website. If you close your browser, transient cookies are automatically deleted. These cookies include, in particular, session cookies. This will allow us to recognize your computer when you return to our website. Session cookies are deleted as soon as you close the browser or log out.

In contrast, persistent cookies are automatically deleted after a specified period of time. These cookies can be deleted at any time in the security settings of your browser.

Generally, you can configure your browser settings in accordance with your personal demands and, for example, decline all cookies. However, non-acceptance of cookies may limit the functionality of our website.

How we use Analytics tools
Emerald Nodes uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are saved on your computer and that allow an analysis of your use of our website. The information generated by the cookie about your use of our website is usually transmitted to and stored on a Google server in the USA. However, in the event of activation of IP anonymization on our website, your IP address will be truncated previously by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases, the full IP address will be sent to a Google server in the US and truncated there. On behalf of Emerald Nodes, Google will use this information to evaluate your use of our website, to compile reports on website activity, and to provide other services related to website activity and internet usage to Emerald Nodes.

We will not combine the IP address transmitted by your browser as part of Google Analytics with other Google data.

You can prevent the storage of cookies by an appropriate setting of your browser software; however, please note that in this case, you may not be able to use the full range of all functions of our website. You may also prevent the collection of the data generated by the cookie and relating to your use of our website (including your IP address) as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

Emerald Nodes uses Google Analytics with the extension "_anonymizeIp ()". Accordingly, IP addresses are truncated and, thus, a reference to persons can be ruled out. If the data collected about you have a personal reference, this reference is immediately excluded and the personal data is deleted immediately.

We use Google Analytics to analyze and regularly improve the use of our website. With the statistics we can improve our offer and make it more interesting for you as a user. For the exceptional cases in which personal data is transferred to the US, Google is part of the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. The legal basis of this processing is Art. 6 (1) sentence 1 lit. f) GDPR.

Information of third-party provider: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. User conditions: http://www.google.com/analytics/terms/de.html, Overview of data protection: http://www.google.com/intl/de/analytics/learn/privacy.html, and privacy policy: http://www.google.de/intl/de/policies/privacy.

How Emerald Nodes uses Google Adwords

Emerald Nodes might use Google Adwords in the future to draw attention to our offers by using advertising materials (so-called Google Adwords) on external websites. In relation to the data of the advertising campaigns, we can determine how successful the individual advertising measures are. We are interested in showing you advertisements that are of interest to you, to make our website more interesting to you and to achieve a fair calculation of advertising costs.
These advertising materials are supplied by Google via so-called "ad servers". Therefore, we use ad server cookies, which measure certain performance metrics such as ads or user clicks. If you access our website through a Google ad, Google Adwords will store a cookie on your PC. These cookies usually lose their validity after 30 days and are not intended to identify you personally. Typically, the unique cookie ID, number of ad impressions per placement (frequency), last impression (relevant to post-view conversions), and opt-out information (mark that the user does not like to be addressed) will be saved.

These cookies allow Google to recognize your internet browser. If a user visits certain pages of an Adwords customer's website and the cookie stored on their computer has not expired, Google and the customer will be able to detect that the user clicked on the ad and was redirected to that page. Each Adwords customer is assigned a different cookie. Cookies cannot be tracked via the websites of Adwords customers. Emerald Nodes does not collect and process any personal data in the aforementioned advertising measures. We receive only statistical evaluations by Google. On the basis of these evaluations, we can identify which of the advertising measures used are effective. We do not receive any further data from the use of the advertising material, in particular we cannot identify the users on the basis of this information.

Due to the marketing tools used, your browser automatically establishes a direct connection to the Google server. We have no control over the extent and the further use of the data, which are raised by the appliance of this tool by Google. Therefore we inform you according to our knowledge level: By the incorporation of AdWords conversion Google receives the information that you entered the appropriate part of our internet appearance or click on an ad from us. If you are registered with a service provided by Google, Google may associate the visit with your account. Even if you are not registered with Google or have not logged in, there is a chance that the provider will find and store your IP address.

You can prevent participation in this tracking process in several ways: a) by adjusting your browser software accordingly, in particular, suppression of third-party cookies will prevent you from receiving any third party advertisements; b) by deactivating the cookies for conversion tracking by setting your browser to block cookies from the domain "www.googleadservices.com" under https://www.google.de/settings/ads. However, this setting will be deleted when you delete your cookies; c) by deactivating the interest-based ads of providers that are part of the self-regulation "About Ads" campaign via the link http: http://www.aboutads.info/ choices, however this setting will be deleted when you delete your cookies; d) by permanent deactivation in your browser (Firefox, Internet Explorer or Google Chrome) under the link http://www.google.com/settings/ads/plugin. We point out that in this case you may not be able to use all the features of our offer.

The legal basis for the processing of your data is Art. 6 (1) sentence 1 lit. f) GDPR. More information about privacy at Google can be found here: http://www.google.com/intl/de/policies/privacy and https://services.google.com/sitestats/de.html. Alternatively you can visit the website of Network Advertising Initiative (NAI) under http://www.networkadvertising.org. Google is part of the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

How Emerald Nodes uses Social-Media-Plug-ins
Emerald Nodes may use the following social media plug-ins on our website: Facebook, Twitter, LinkedIn, Github.
Emerald Nodes uses the so-called two-click solution. This means that, by visiting our website, no personal data is initially passed on to providers of such plug-ins.

The provider of the plug-in can be identified on our website by the corresponding logo via the respective button. We provide the opportunity to communicate directly with the provider of the plug-in. The plug-in provider only receives the information that you have accessed its website via our online service, if you click on the designated field and activate it. Furthermore, the information according to access and cookies of this Privacy Policy will be transmitted.

In Germany, according to the information of the respective provider when using Facebook plug-ins the IP address will be anonymized immediately after collection.

Please note that through activation of the plug-in personal data will be transferred about you to the respective plug-in provider (in case of US providers to the USA). Data collection is mainly done by plug-in providers via cookies. So we recommend to delete all cookies on the security settings of your browser before clicking on the button.

We have no influence on the collected data and the data processing operations. We are also not aware of the full scope of the data collection, the purpose of the processing and the storage periods. In addition, we have no information on the deletion of the data collected by the plug-in provider.

The respective plug-in provider stores the data collected about you in profiles and uses them for marketing, market research and/or tailored design of its website. Such an evaluation is carried out in particular (also for non-logged-in users) for the presentation of tailor-made advertising and to inform other users of the social network about your activities on our website. You have a right to object against the creation of such usage profiles. To exercise, you need to contact the respective plug-in provider. The plug-ins allow us to interact with social networks and other users so that we can improve our offer and make it more interesting for you. The legal basis for the use of the plug-ins is Art. 6 (1) sentence 1 lit. f) GDPR.

A transfer of data takes place regardless of whether you have an account with the plug-in provider and are logged-in . However, if you are logged in to the plug-in provider, your data collected from us will be assigned directly to your user account. If you activate the social media button and, for example, link the page, the plug-in provider also stores this information in your user account and shares it publicly with your contacts. For this reason, we recommend to log out regularly after using a social network, but especially before activating the button, as this will prevent you from being assigned to your profile with the plug-in provider.

For more information on the purpose and scope of the data collection and its processing by the plug-in provider, please refer to the privacy statements of the relevant provider, which are provided below. You will also get further information about your rights and settings options to protect your privacy.

Addresses of respective plug-in provider und URL with privacy policies:

Facebook Inc., 1601 S California Ave, Palo Alto, California 94304, USA; http://www.facebook.com/policy.php; further information to the collection of data: http://www.facebook.com/help/186325668085084, http://www.facebook.com/about/privacy/your-info-on-other#applications and http://www.facebook.com/about/privacy/your-info#everyoneinfo. Facebook is part of the EU-US-Privacy-Shield, https://www.privacyshield.gov/EU-US-Framework.

Twitter, Inc., 1355 Market St, Suite 900, San Francisco, California 94103, USA; https://twitter.com/privacy. Twitter is part of EU-US-Privacy-Shield, https://www.privacyshield.gov/EU-US-Framework.

LinkedIn Corporation, 2029 Stierlin Court, Mountain View, California 94043, USA; http://www.linkedin.com/legal/privacy-policy. LinkedIn is part of the EU-US-Privacy-Shield, https://www.privacyshield.gov/EU-US-Framework.

Github Inc., 88 Colin P Kelly Jr St, San Francisco, CA 94107, USA; https://enterprise.github.com/privacy. Github is part of the EU-US-Privacy-Shield, https://www.privacyshield.gov/EU-US-Framework.

How Emerald Nodes handles request and communication data
In case you direct an inquiry to Emerald Nodes, Emerald Nodes saves the communication history with you as well as information and data submitted in the course of this communication (e.g. email address), in order to optimally answer your request and any further follow-ups. Emerald Nodes will delete the relevant data after the storage is no longer required or restrict the processing if statutory retention periods exist.


Data Security
Emerald Nodes takes all appropriate technical and organizational security measures to protect your data against manipulation, loss, destruction or unauthorized access by third parties. Our systems are secured against unauthorized access. However, we have to point out that the Internet does not allow for absolute data security despite all technical measures. We are not liable for actions of third parties.


Your rights in relation to Emerald Nodes
You have the right of access, rectification or erasure, restriction of processing, to object and to data portability with respect to your personal data.
Emerald Nodes is available for corresponding requests or messages at the specified address below.

Please note that the deletion of data is only possible if there are no precluding legal regulations. Information concerning your requests or messages is transmitted in electronic form (by e-mail). Should you use this option of providing information via e-mail, the specified e-mail address (both sender and recipient) will not be used for any purpose other than the provision of information and its documentation. You also have the right to lodge a complaint concerning the processing of your personal data by us with a supervisory authority.

If we are legally required to disclose data to local, state, national or international authorities, we will comply with this obligation.

We will also disclose information to third parties when required by applicable laws and regulations.

In addition, we may disclose information to investigate, prevent, or initiate countermeasures against illegal activities or suspected fraud, or to apply or enforce any of our contracts and licensing rights.


Amendments of the Emerald Nodes Privacy Policy
Emerald Nodes reserves the right to amend this Privacy Policy at any time, but Emerald Nodes will always observe the applicable statutes concerning data protection. An up-to-date version is available at our website. Emerald Nodes recommends that users regularly review our Privacy Policy in order to be informed about our current Privacy Policy.
How do I contact Emerald Nodes in regard to data privacy aspects?
We look forward to your contact in case you might have requests, questions, or suggestions relating to data privacy. Please direct written requests to:

Emerald Nodes UG (haftungsbeschränkt)
Sächsische Straße 1
10707 Berlin, Germany

or

contact@emeraldnodes.com