ELEPHANS

Imprint


ELEPHANS B.V.

Overhoeksplein 3

1031 KS Amsterdam 

The Netherlands 

Phone: +31(0)20 21 05 18-2 

E-Mail: info@elephans.eu

Identification numbers:

CoC Amsterdam number: 69988129

VAT ID number: NL 8580.92.980.B01

Please send your suggestions concerning the design or questions about the content of the website to info@elephans.eu

Data Protection

Data protection information for the website, social media appearances as well as for applicants and employees of ELEPHANS B.V. (hereinafter referred to as ELEPHANS) and for sending e-mails by ELEPHANS.

To inform you about our policies and activities relating to the collection, use and disclosure of personal data on the internet, ELEPHANS provides this policy in electronic form. This policy applies to all websites owned or run by ELEPHANS, their subsidiaries, branches and/or companies directly or indirectly controlled by ELEPHANS (collectively “ELEPHANS”) applicants and employees as well as appearances on various social media platforms. It does not apply to websites that have their own data privacy policy. The website you are currently using is referred to below as the “website”.

The website and the social media appearances are intended to provide information about ELEPHANS’s services and about ELEPHANS as an employer. Through the website and the social media appearances interested persons also have the opportunity to contact ELEPHANS.

Personal data is processed in connection with the website, the offers made available on the website, social media appearances and sending of e-mails.

Below you will find information about the company responsible for processing your personal data as well as your rights with regard to the processing of your personal data.

In the following you will also find information about the processing of your personal data and information about the use of cookies in connection with the website, the offers provided on the website and sending of e-mails for event invitations, offers and information about ELEPHANS and its companies belonging to the group.

In this policy, the term “personal data” refers to data that relates to an individual and identifies this person either directly or indirectly (in conjunction with other information that may be likely to come into the possession of ELEPHANS), such as your name, email address or telephone number, particularly in connection with applications.

 

Collection of personal data

In general, you can access ELEPHANS’s website without providing any personal information. Your browser transmits information to our server which is technically necessary for displaying our website and to ensure stability and security. These are IP address, date and time of the request, time zone difference to GMT, content of requests, access status / http status code, amount of data transferred, webpage that the request comes from, browser, operating system and its interface and language and version of the browser software.

To access some areas of our website, for example to apply for a position, we may need to obtain personal data from you. The entering of personal data in such cases is voluntary, and you are explicitly requested to provide such personal data and informed about the intended use of such personal data. If you do not provide us with the required personal data, you may not be able to use some functions offered by our website. The typical reasons for us collecting personal data are listed below, along with a brief description of how your personal data is treated in each case.

Communication with you. We will respond to any comments and requests that you submit to us through our website, such as online enquiries, comments, or registration to attend a conference. This may involve calling you on the telephone or sending an email to you. Creating aggregated statistics regarding the use of our website. Your personal data will be stored accordingly on our systems. Training and further education. Your personal data will be used for certification exams and certificates of participation for the purpose of legitimizing and issuing your training certificate. ELEPHANS or external trainers use lists of participants with personal data for internal organization, e.g. individual preparation of participants or sending of training material. Participation in feedback questionnaires regarding training quality is voluntary and anonymous. The following table lists the categories of personal data that ELEPHANS processes or could process as part of the processing activities described in this Global Privacy Statement. Personal data: Name, preferred gender pronoun, contact information of any kind (such as email, phone numbers, address), gender, date of birth, age, place of birth. Confidential data: ELEPHANS may also collect certain types of confidential information if permitted by or with your consent under the laws of that country, such as health/medical data (including disability status and dietary requirements/allergies at events organized/sponsored by us). Audiovisual media: Photographs and images/recordings taken on CCTV or other video systems and voice recordings. Position: Description of current position, job title, employer, location, ELEPHANS contact(s). System and application access data: When you access ELEPHANS systems, ELEPHANS may collect data necessary to access such ELEPHANS systems and applications, such as system ID, LAN ID, e-mail account, instant messaging account, mainframe ID, system passwords, access and activity logs, and electronic content created with ELEPHANS systems.

In addition, ELEPHANS may process the personal data listed in the table below for recruitment purposes.

Personal data: In addition to the personal information listed above, ELEPHANS may collect other personal information for recruitment purposes, such as National Identification Number, Social Security Number, Insurance Information, Family / Partnership Status, Life Partners, Relatives, Emergency Contacts, Military Service.
Confidential data: ELEPHANS may collect certain types of confidential information if permitted by applicable local law or if you have consented to it, such as health/medical information (including disability), trade union membership information, religion, race or ethnicity, minority flag and (to the extent permitted by law) information about criminal convictions and offences. ELEPHANS collects this information for specific purposes, such as health/medical information, to address a disability or illness and provide care; background checks; religious or church affiliation in countries, where such information is required for statutory tax deductions; and personal diversity data (such as race or ethnicity) to comply with legal obligations and internal policies regarding diversity and equal treatment.
Immigration data: ELEPHANS may collect information about citizenship, passport, residence or work permit (physical copy and/or electronic copy).
Information talent management: Information required for a background check, details of performance decisions and outcomes, performance feedback and alerts, e-learning/training programs, performance and development reviews (including information you provide when requesting/providing feedback, prioritizing, updating your input into relevant tools), driver’s license and vehicle letter, and biographical information.
As stated in the Global Privacy Statement, ELEPHANS processes your personal data for various purposes. The following table lists the individual purposes for which ELEPHANS processes your personal data.
Facilitation of communication with you (also in emergencies): Facilitate communication with you, ensure business continuity, protect the health and safety of employees and others, protect IT infrastructure, office equipment and other assets, facilitate communication with you and the emergency contacts you specify.
Compliance with legal requirements: Compliance with legal requirements, e.g. statutory submission, accounting and reporting obligations, performance of audits, approval of state audits and compliance with other requirements of state or public authorities, involvement in legal proceedings, e.g. in subpoenas, prosecution of legal claims and remedies, defense in the event of litigation and settlement of internal complaints or claims, conduct of investigations and compliance with internal policies and procedures, protection, enforcement or defense of the legal rights, privacy rights, safety or property of ELEPHANS, ELEPHANS subsidiaries or their employees, agents and contractors (including the enforcement of relevant agreements and terms of use), protection of data security, privacy and security of users of ELEPHANS products or services or the public, protection against fraud or guidelines for the purpose of risk management.
Tracking your use of ELEPHANS’s property: Monitor activities in accordance with the laws of the country and/or ELEPHANS policies in force (including monitoring the use of ELEPHANS resources).
Data analysis: Analysis of business processes and data to describe, predict and improve ELEPHANS’s economic performance and/or to provide the user with a better experience. The analyses include in particular descriptive analyses, predictive analyses, analyses of the behaviour of individuals (customers, business contacts) through the use of personal data as well as marketing, individual customer view and customer journey analyses.
Recruitment: Managing applications, including conducting interviews and assessments, performance appraisals, financial planning, managing payments, managing inclusion and diversity programs, conducting background checks, planning and monitoring training requirements.

Use of personal data for marketing purposes

The bulk of the personal data we collect and use for marketing purposes relates to individual employees of our clients and other companies with which we have an existing business relationship. We may also obtain contact information from public sources, including content made public at social media websites, to make an initial contact with a relevant individual at a client or other company.

We send commercial e-mail to individuals at our client or other companies with whom we want to develop or maintain a business relationship in accordance with applicable marketing laws. Our targeted e-mail messages typically include web beacons, cookies, and similar technologies that allow us to know whether you open, read, or delete the message, and links you may click. When you click a link in a marketing e-mail you receive from ELEPHANS, we will also use a cookie to log what pages you view and what content you download from our websites, even if you are not registered at or signed into our site.

Targeted e-mails from ELEPHANS may include additional data privacy information, as required by applicable laws.

Like most companies, ELEPHANS uses customer relationship management (CRM) database technology to manage and track our marketing efforts. Our CRM databases include personal data belonging to individuals at our client and other companies with whom we already have a business relationship or want to develop one. The personal data used for these purposes includes relevant business information, such as: contact data, publicly available information (e.g. board membership, published articles, press releases, your public posts on social media sites if relevant for business purpose), your responses to targeted e-mails (including web activity following links from our e-mails), website activity of registered users of our website, and other business information included by ELEPHANS professionals based on their personal interactions with you. If you wish to be excluded from our CRM databases, please contact us.

We may combine data from publicly available sources, and from our different e-mail, website, and personal interactions with you (this includes information collected across our different websites such as our career and corporate sites and information collected when you sign-up or log on to our sites or connect to our sites using your social media credentials (such as LinkedIn). We combine this data to better assess your experience with ELEPHANS and to perform the other activities described throughout our privacy policy.

We may transfer personal data to our service providers, professional advisors, public and governmental authorities or third parties in connection with a (potential) corporate or commercial transaction. Such third parties may be located in other countries. Before we do so, we shall take the necessary steps to ensure that your personal data is protected adequately as required by relevant data privacy laws and ELEPHANS’s internal policies.

Unless you are otherwise notified, any transfers of your personal data from within the European Economic Area (EEA) to third parties outside the EEA will be based on an adequacy decision or are governed by the standard contractual clauses. Any other non-EEA related transfers of your personal data will take place in accordance with the appropriate international data transfer mechanisms and standards.

Further training

You can exercise your right to prevent marketing communications to you by checking certain boxes on the forms we use to collect your personal data, or by utilizing opt-out mechanisms in e-mails we send to you. You can also exercise the right to discontinue marketing communications to you, or to have your personal data removed from our customer relationship management (CRM) databases at any time by contacting us. In such cases, we will retain minimum personal data to note that you opted out in order to avoid contacting you again. Alternatively, you may want to email us under gdpr@ELEPHANS.eu to inform us about your opt-out preferences.

If you have any questions about privacy or would like to provide us with permissions for websites or for promotional purposes, please contact us.

Use of personal data during your visit to our business premises

In addition to the information provided above, this section tells you how we use personal data when you visit ELEPHANS’s offices.

This information also relates to the potential processing of your personal data by video surveillance and access control systems where such systems are active.

When entering our business premises, personal data such as name, first name and, if applicable, employer, as well as your time of arrival and departure are collected. This is based on project-specific requirements, which have an increased level of security and make this documentation necessary. This data is also usually stored for 12 months.

If you have received an access card from us, access to the premises is recorded and stored by the office complex’s own access control system. If you would like further information on this, please contact us at the specific address you have requested.

Particularly sensitive personal data

As a rule, ELEPHANS does not obtain any “particularly sensitive personal data” via its website. “Particularly sensitive personal data” includes personal data concerning race, political opinion, religious or philosophical beliefs, trade union membership, health or sex life. By voluntarily providing us with particularly sensitive personal data (such as by submitting your CV or applying for a job online), you expressly consent to the use of your personal data as described in this policy.

Disclosure of your personal data

ELEPHANS is a global organization. We have various legal entities (e.g. national companies) and partners in Switzerland, in certain EU Member States as well as in other European countries. Our internal processes and infrastructures are therefore international in their nature and scope.

Accordingly, you should be aware that we may share your personal data with third parties, for the purpose of processing it on our behalf. We require that third parties treat the personal data they receive in accordance with ELEPHANS’s Data Privacy and Security Policies.

Your personal data may therefore also be subject to cross-border disclosure. Cross-border disclosure of your personal data will be conducted only (i) to countries with equivalent data protection standards, or (ii) on the basis of officially recognized data protection agreements, or (iii) on the basis of officially recognized standard data protection clauses.

Your rights

Below you find more detailed information on your rights regarding the processing of your personal data under the General Data Protection Right (GDPR):

Disclosure of your personal data

As a rule, ELEPHANS does not obtain any “particularly sensitive personal data” via its website. “Particularly sensitive personal data” includes personal data concerning race, political opinion, religious or philosophical beliefs, trade union membership, health or sex life. By voluntarily providing us with particularly sensitive personal data (such as by submitting your CV or applying for a job online), you expressly consent to the use of your personal data as described in this policy.

I. Right of access
As a data subject, you have a right to obtain access and information under the conditions provided in Article 15 of the GDPR. This means that you have the right to obtain confirmation from us as to whether we are processing your personal data. If so, you also have the right to obtain access to the personal data and the information listed in Article 15 paragraph 1 of the GDPR. This includes information regarding the purposes of the processing, the categories of personal data that are being processed and the recipients or categories of recipients to whom the personal data have been or will be disclosed (points (a), (b) and (c) of Article 15 paragraph 1 of the GDPR). You can find the full extent of your right to access and information in Article 15 of the GDPR, which can be accessed using this link.

II. Right to rectification
As a data subject, you have the right to rectification under the conditions provided in Article 16 of the GDPR. This means that you have the right to receive from us without undue delay the rectification of inaccuracies in your personal data and completion of incomplete personal data. You can find the full extent of your right to rectification in Article 16 of the GDPR, which can be accessed using this link.

III. Right to erasure (“right to be forgotten”)
As a data subject, you have a right to erasure (“right to be forgotten”) under the conditions provided in Article 17 of the GDPR. This means that you have the right to obtain from us the erasure of your personal data and we are obliged to erase your personal data without undue delay when one of the reasons listed in Article 17 paragraph 1 of the GDPR applies. This can be the case, for example, if personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed (point (a) of Article 17 paragraph 1 of the GDPR). If we have made the personal data public and are obliged to erase it, we are also obliged, taking account of available technology and the cost of implementation, to take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of those personal data (Article 17 paragraph 2 of the GDPR). The right to erasure (“right to be forgotten”) does not apply if the processing is necessary for one of the reasons listed in Article 17 paragraph 3 of the GDPR. This can be the case, for example, if the processing is necessary for compliance with a legal obligation or for the establishment, exercise or defence of legal claims (points (a) and (4) of Article 17 paragraph 3 of the GDPR). You can find the full extent of your right to erasure (“right to be forgotten”) in Article 17 of the GDPR, which can be accessed using this link.

IV. Right to restriction of processing
As a data subject, you have a right to restriction of processing under the conditions provided in Article 18 of the GDPR. This means that you have the right to obtain from us the restriction of processing if one of the conditions provided in Article 18 paragraph 1 of the GDPR applies. This can be the case, for example, if you contest the accuracy of the personal data. In such a case, the restriction of processing lasts for a period that enables us to verify the accuracy of the personal data (point (a) of Article 18 paragraph 1 of the GDPR). Restriction means that stored personal data are marked with the goal of restricting their future processing (Article 4 paragraph 3 of the GDPR). You can find the full extent of your right to restriction of processing in Article 18 of the GDPR, which can be accessed using this link.

V. Right to data portability
As a data subject, you have a right to data portability under the conditions provided in Article 20 of the GDPR. This means that you generally have the right to receive your personal data with which you have provided us in a structured, commonly used and machine-readable format and to transmit those data to another controller without hindrance from us if the processing is based on consent pursuant to point (a) of Article 6 paragraph 1 or point (a) of Article 9 paragraph 2 of the GDPR or on a contract pursuant to point (b) of Article 6 paragraph 1 of the GDPR and the processing is carried out by automated means (Article 20 paragraph 1 of the GDPR). You can find information as to whether an instance of processing is based on consent pursuant to point (a) of Article 6 paragraph 1 or point (a) of Article 9 paragraph 2 of the GDPR or on a contract pursuant to point (b) of Article 6 paragraph 1 of the GDPR in the information regarding the legal basis of processing in Section C of this Data Protection Information. In exercising your right to data portability, you also generally have the right to have your personal data transmitted directly from us to another controller if technically feasible (Article 20 paragraph 2 of the GDPR). You can find the full extent of your right to data portability in Article 20 of the GDPR, which can be accessed using this link.

VI. Right to object
As a data subject, you have a right to object under the conditions provided in Article 21 of the GDPR. At the latest in our first communication with you, we expressly inform you of your right, as a data subject, to object. As a data subject, you have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data which is based on point (e) or (f) of Article 6 paragraph 1, including profiling based on those provisions. In the event of an objection relating to your particular situation, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims. You can find the full extent of your right to objection in Article 21 of the GDPR, which can be accessed using this link.

VII. Right to withdraw consent
Where an instance of processing is based on consent pursuant to point (a) of Article 6 paragraph 1 or point (a) of Article 9 paragraph 2 of the General Data Protection Regulation, as a data subject, you have the right, pursuant to Article 7 paragraph 3 of the General Data Protection Regulation, to withdraw your consent at any time. The withdrawal of your consent does not affect the legitimacy of the processing that occurred based on your consent until the withdrawal. We inform you of this before you grant your consent.

VIII. Right to lodge a complaint with a supervisory authority
As a data subject, you have a right to lodge a complaint with a supervisory authority under the conditions provided in point (f) of Article 57 paragraph 1 of the General Data Protection Regulation.

Duration of retention

ELEPHANS stores your personal data only as long as necessary. In addition, ELEPHANS maintains specific policies and procedures for the management and retention of records and data so that personal information is deleted after a reasonable period of time in accordance with the following retention criteria:

ELEPHANS will keep your personal information for as long as we have a business relationship with you.
ELEPHANS will retain your personal information for as long as it is necessary to fulfill a legal obligation.
ELEPHANS will retain your personal data for as long as it is necessary to maintain or improve
ELEPHANS’s legal position (e.g. in relation to limitation periods, litigation or government investigations).

Please keep your personal data up to date at all times and inform ELEPHANS of any significant changes to your personal data.

Third-party websites

ELEPHANS’s websites may contain links to third-party websites. ELEPHANS makes no guarantees with regard to such third-party websites and assumes no responsibility with respect to such third-party websites. You should be aware that the owners and operators of such third-party websites may possibly collect, use or disclose personal data in a manner other than that applied by ELEPHANS. When accessing internet links to third-party websites, you should review the data privacy policies of these third-party websites. You should also be aware of the fact that third-party websites may use cookies.

Reorganization of the company

As is the case with many other organizations, ELEPHANS may reorganize its business units around the world, either as a result of the acquisition of new entities or the disposal or merger of existing entities. If this is done, personal data may be disclosed to potential or actual purchasers of parts of our business or personal data may be obtained from potential sellers. In doing so, we strive to ensure that confidentiality is suitably maintained for personal data that is disclosed in the course of such transactions.

Legal notice

ELEPHANS may disclose personal data in order to enforce the terms of use of our website or to protect personal safety or the ELEPHANS website in urgent cases. It is also possible that we may be required to disclose your personal data for legal reasons, as a result of judicial or other official summons, orders or decrees, in any jurisdiction in which we conduct business.

Data security and integrity

ELEPHANS takes various technological and procedural security measures to protect the personal data we collect, use or transfer against loss, misuse, alteration or destruction. However, please note that, due to the openness and insecure nature of the internet, ELEPHANS cannot take responsibility for the security of the transmission of personal data over the internet.

Analysis software and cookies

The website uses analysis software, cookies and social media plug-ins. More information about these is available in the Cookies Policy.

Contact details

If you have any questions about this Data Privacy Policy or requests relating to the use of your personal data by ELEPHANS, you are welcome to contact us via the email address grpr@ELEPHANS.com.

We endeavour to respond promptly to enquiries, but a reasonable handling time must be expected.

Cookie Policy

Google Analytics

This website uses Google Analytics, a web analysis service of Google Inc, (1600 Amphitheatre Parkway Mountain View, CA 94043, USA; “Google”). The use includes the “Universal Analytics” operating mode. This facilitates the assignment of data, sessions and interactions across several devices to a pseudonymous user ID and thus the analysis of a user’s activities across devices.

Google Analytics uses “cookies”, which are text files placed on your computer, to allow the website operator to analyze how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, if IP anonymization is activated on this website, Google will reduce your IP address within Member States of the European Union or in other states party to 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. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services related to website and internet use. Our legitimate interest in data processing also lies in these purposes. The legal basis for the use of Google Analytics is § 15 para. 3 TMG and Art. 6 para. 1 lit. f GDPR. The data sent by us and linked to cookies, user-identifiers (e.g. User-IDs) or advertising-identifiers are automatically deleted after 14 months. Data whose retention period has been reached is automatically deleted once a month. For more information on terms of use and data protection, please click here or here.

Use of HubSpot

On our website we use the HubSpot marketing automation software of the American company HubSpot Inc., 25 First Street, Cambridge, MA 02141 USA (hereinafter referred to as “HubSpot”) based on our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our web offer in order to optimize it and to offer you the best possible and user-friendly service). HubSpot is an integrated software solution by which we cover different aspects of our digital marketing, sales and customer relation management.

We use HubSpot for:

contacting us through the contact form.
landing pages as part of advertising campaigns including options such as the download of white papers or similar content.
social media linking and/or social media sharing.
evaluating the usage of our web pages (e.g. access, pages visited, session time, etc.) as well as publications in social networks.
The contents of our web pages as well as your personal data which you provide, e.g. when using our contact form are usually transmitted to and stored by a HubSpot server in the United States. HubSpot, Inc. has certified to the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks as administered by the U.S. Department of Commerce, in order to implement appropriate safeguards for such transfers pursuant to Article 46 of the GDPR.

For more information about HubSpot data usage, settings and opt-out options, visit the HubSpot Website: privacy policy, cookie policy and data privacy (GDPR).

Cookies

General

We use cookies on this website. Cookies are small pieces of information that a website sends to your computer’s web browser when you visit a website. Cookies are stored on your computer for a certain period of time, depending on the expiry date of the cookie. More information about cookies is available here.

By using our website, you agree to the placement of cookies on your device, as explained in more detail below.

The ELEPHANS website uses the following cookies:

Google Analytics

Recognition cookie: identifies unique visitors. The Google Analytics utma cookie allocates a unique ID, which is used to identify the visitor in the case of repeat visits (Duration: 2 years).
Session cookie: counts the number of visits rather than the number of unique visitors. The Google Analytics utmb cookie deletes itself automatically after 30 minutes. It is placed on a device together with the utmc cookie.
Session cookie: deletes itself automatically when the browser window is closed. It is placed on the device together with the Google Analytics utmb cookie.
Campaign Cookie: Measures traffic across all online marketing channels. This means that within this period, the user will carry the data from the last traffic source on the website and, as a result, statistically allocate the conversion or conversion rate to the respective online marketing channel (Name: utmb-Cookie and duration: 6 months).
If you do not wish to be assigned cookies by our website, you must make the setting in your browser that does not allow cookies or that notifies you when a cookie is placed on your device. You can then reject this placement when you receive the message. To find out how to do this, please consult the “Help“ section of your browser.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the Browser Add-on. Opt-out cookies prevent the future collection of your data when you visit this website. To prevent Universal Analytics from collecting data across several devices, you must opt-out on all systems used. If you click here, the opt-out cookie will be set. To disable Google Analytics, use the add-on for browsers.

Google Analytics cookies

As explained above, ELEPHANS uses Universal Analytics cookies to obtain standard internet login information as well as details about user behaviour. ELEPHANS does this to improve the website. This information does not contain any personal data. The data used for analytical purposes may be linked to personal data obtained from this website or otherwise.

To obtain more information about Universal Analytics cookies, please click here.

Browser add-on for disabling Google Analytics and opt-out cookie

To give website visitors more control over how their data is collected via Universal Analytics, Google has developed a Universal Analytics deactivation add-on for browsers. The add-on communicates with the Google Analytics JavaScript (analytics.js) to indicate that information about your visit to the website should not be sent to Google Analytics. The deactivation add-on for browsers does not prevent information from being sent to the website itself.

Please click here to find out more about the Google Analytics deactivation add-on for browsers.

Alternatively, you can set a cookie to prevent collection of data by Universal Analytics. Click here to set the opt-out cookie.

Social media / ShareThis cookies

ELEPHANS gives users the ability to share pages from our website and blog posts on social networks such as Facebook, Instagram and Twitter. To provide this service, the website uses a plug-in from a third-party website, called ShareThis. If you use our Share button, you will be directed to a website managed by ShareThis, and then to a website managed by the specific social media platform. We do not have any control over the cookies that are placed by ShareThis or the relevant social media platform if you use their services. Cookies from ShareThis can be deactivated here.

Facebook Social Plugins

ELEPHANS uses Social Plugins of Facebook, Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94394, USA (so called: Plugins). By using this service, your browser establishes a direct connection with Facebook or Instagram which belongs to Facebook. Unless you are already on Facebook or Instagram anyway, the content of the plugins will be transmitted to your browser and incorporated by the latter into the website.

ELEPHANS has no influence on the data that Facebook collects or processes via the plugins. The purpose and scope of the data collected and processed by Facebook, as well as settings options for protecting your privacy, can be found in Facebook’s privacy policy.

Further information about the plugins of Facebook.

You can also prevent the transmission of data to Facebook with an appropriate plugin for your browser. Sharing ELEPHANS’s offer with Facebook (e.g. “like” or “share”) is then no longer possible.

Twitter

ELEPHANS also uses the Twitter button, a news service from Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. You can share a post via Twitter or follow ELEPHANS on Twitter. When you call up the service, your browser establishes a direct connection with Twitter. Unless you are on Twitter anyway, the contents of the button will be sent to your browser and incorporated into the website.

ELEPHANS has no influence on the data that Twitter collects or processes via this button. The purpose and scope of data collected and processed by Twitter, as well as privacy settings, can be found in the Twitter privacy policy.

You can also prevent the data transmission to Twitter with an appropriate plugin for your browser. Sharing the offer of ELEPHANS together with Twitter (e.g. “share”) is then no longer possible.

LinkedIn

ELEPHANS also uses the LinkedIn button, a social network from LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. You can share a post through LinkedIn using LinkedIn. By using this service, your browser establishes a direct connection to LinkedIn. Unless you are on LinkedIn anyway, the contents of the button will be sent to your browser and incorporated into the website.

ELEPHANS has no control over the data that LinkedIn collects or processes through this button. For the purpose and scope of the information collected and processed by LinkedIn, as well as privacy preferences, please refer to the LinkedIn privacy policy.

You can also prevent the transmission of data to LinkedIn with an appropriate plugin for your browser. Sharing the offer of ELEPHANS together with LinkedIn (e.g. “share”) is then no longer possible.

Further information relating the collection, use and disclosure of personal data as part of our application process

Purpose of the collection of personal data

Any personal data, including any personal data contained in the attachments, which you make available to us via the applicant portal or by email, will be collected, processed, and used by ELEPHANS exclusively for the purpose of processing your application.

Your data will only be used by the respective company to fill the vacancies for which you have applied. They are not passed on to other companies. If you have submitted an unsolicited application, we will consider your data for all current application procedures that fit your profile. The same applies in the event that you have given us your express consent to the further storage of your applicant profile after completion of an application procedure.

The legal basis for data processing, type and purpose of data collection

We primarily collect your personal data for the purpose of carrying out the application procedure on the legal basis of § 6(1)(b), § 88 General Data Protection Regulation (GDPR) in conjunction with § 26(1) sentence 1(1) of the Federal Data Protection Act (old) (BDSG-alt). Further legal bases are § 6(1)(a) GDPR (“Permission”) and § 6(1)(f) GDPR (“Weighing of interests”), e.g., for personnel evaluations and reporting. Insofar as the processing of personal data is necessary to fulfill a legal obligation to which the data controller is subject, the legal basis is § 6 (1)(c) GDPR.

If special categories of personal data are processed pursuant to § 9(1) GDPR (e.g., health data), this is done on the basis of § 9(2)(b) GDPR. In addition, the processing might be required to assess your work capacities pursuant to § 9(1)(h) GDPR.

In the case of an online application for a specific vacancy or with unsolicited applications, you enter your data into the corresponding application form and upload the associated documents.

With email applications, we collect all relevant data in our applicant portal and upload your documents including your email. Your email will be deleted from our mailbox afterwards. Please don’t send any applications by post (paper applications), because we cannot process them due to data protection reasons.

Data controller, recipients or categories of recipients to whom the data might be disclosed

Your personal data will be treated strictly confidentially and will only be made available to the responsible persons involved in the application process. To ensure proper operation, only selected employees of ELEPHANS involved in the application process have access to your data.

In any case, your personal data will only be processed by the company responsible for the vacancy and, if applicable, by service providers who are contractually bound and legally obliged to comply with the relevant data protection regulations. This does not apply in the event that you have submitted an unsolicited application or have given us your express consent to the further storage of your applicant profile after completion of an application procedure (rejection or hiring). In this case, we consider your data for all current application procedures, i.e. your personal data can be processed by different national companies. You can actively consent to the transfer of your personal data to individual or all national companies. If you do not provide or revoke this consent, your personal data cannot be taken into account for positions within these companies.

If you are hired, your data will be transferred from our applicant portal to our HR administration systems. Your data is processed there as employee data.

Duration of data storage

Your personal data will generally be deleted when the processing is no longer necessary to make a decision on establishing an employment relationship. The duration of the storage depends on the duration of the decision-making process.

When applying online for a specific position, and submitting data to the applicant portal, you have access to your data and the attachments (e.g., your CV) at any time and can delete them yourself. You also have the option to request us to delete your data. If you wish to have your applicant profile deleted immediately, please contact our data protection officer (see above).

Our standard deletion period for an application is six months after completion of the relevant application procedure (rejection or recruitment). If we reject your application, we will inform you by email that you can provide your express consent to the further storage of your applicant profile after completion of an application procedure. In this case, your applicant profile will be deleted automatically from the applicant portal twelve months after the deletion of your last application. The same applies to an applicant profile created for an unsolicited application.

If legal regulations, e.g., storage obligations, do not permit deletion, the processing of your data will instead be limited (i.e. blocked), meaning that they are only accessible to observe mandatory legal regulations. This is also the case if there are indications that you will assert claims against us. The data will be stored as long as the processing of the data is necessary for the assertion, exercise, or defense of legal claims.

Current safety standards

As a rule, ELEPHANS does not obtain any “particularly sensitive personal data” via its website. “Particularly sensitive personal data” includes personal data concerning race, political opinion, religious or philosophical beliefs, trade union membership, health or sex life. By voluntarily providing us with particularly sensitive personal data (such as by submitting your CV or applying for a job online), you expressly consent to the use of your personal data as described in this policy.

Terms and Conditions

General Terms and Conditions for Services of ELEPHANS Netherlands (“ELEPHANS”)

I. General Provisions

1 – Subject Matter

These General Terms and Conditions for Services of ELEPHANS shall apply to the provision of Services by ELEPHANS, in particular the provision of consultancy and training services, the customization of software to meet customer requirements, and installation and set up support.

The provisions of this Chapter I shall apply to all Services to be provided by ELEPHANS. Where the Services to be performed by ELEPHANS constitute work and services performed under a contract for work and services or where the Parties have agreed that the special terms for contracts for work and services set forth in Chapter II shall apply, such terms shall be in addition to and prevail over the provisions of this Chapter I.

Unless otherwise agreed in the proposal, ELEPHANS shall provide the Services as services.

The Customer’s general terms and conditions shall not apply, regardless of whether or not ELEPHANS expressly objects to such terms.

ELEPHANS shall be entitled to subcontract the provision of the Services to third parties (subcontractors).

2 – General

The Services to be provided by ELEPHANS shall be specified in the respective written proposal submitted by ELEPHANS.

Where deadlines have been agreed for the Services to be provided by ELEPHANS, such deadlines shall, unless expressly agreed otherwise, be non-binding target dates.

Should the proposal contain any omissions or ambiguities, ELEPHANS may appropriately clarify them at its fair discretion.

Technical or other standards must only be complied with to the extent expressly stated in the relevant proposal, as applicable at the time of conclusion of the contract.

ELEPHANS shall be entitled to subcontract the provision of the Services to third parties (subcontractors).

 

3 – Cooperation between the Parties

Each Party shall designate a contact person in charge of harmonizing the positions and clarifying all issues arising in the course of the provision of the Services.

The Customer shall submit requests solely to the contact person designated by ELEPHANS and shall not give instructions to any other individuals deployed by ELEPHANS. The individuals assigned by ELEPHANS do not enter into an employment relationship with the Customer even if they perform Services on the Customer’s premises.

 

4 – Obligations of the Customer

The provision of the agreed Services by ELEPHANS requires close collaboration between the Parties as well as cooperation on the part of the Customer.

The Customer shall assist ELEPHANS and its subcontractors in the provision of the Services. In particular, the Customer shall make available to ELEPHANS free of charge, in full, and in due time any information, documents, facilities, technical environments, and contact persons required to perform the Services.

The Customer shall at all times keep ELEPHANS informed of any occurrences in its sphere that may affect the provision of the Services by ELEPHANS.

The Customer shall only assign sufficiently qualified staff to fulfill its obligations.

The Customer’s specific obligations will be set forth in the respective proposal.

All obligations to be fulfilled by the Customer are a prerequisite to the contractually agreed provision of the Services by ELEPHANS. Should the Customer fail to properly fulfill its obligations, ELEPHANS may, without prejudice to any other contractual or statutory rights of ELEPHANS, demand adjustments to the timetable and to the remuneration. In such case, ELEPHANS shall, in particular, be released from its obligation to comply with contractually agreed deadlines, unless the Customer proves that the improper fulfillment of its obligation does not affect the Services to be provided by ELEPHANS. ELEPHANS may invoice additional charges for any idle or waiting time due to the improper fulfillment of the Customer’s obligations in accordance with its current general man day rates.

The Customer shall be responsible for the provision, accuracy, and completeness of all information, working documents, and work equipment to be provided by the Customer. ELEPHANS shall be under no obligation to verify the accuracy or completeness of the information furnished by the Customer.

The Customer shall be responsible for proper data backups.

5 – Changes to the Services

The Customer may request changes to the Services within the scope of ELEPHANS capabilities, provided that such changes are not unreasonable for ELEPHANS. The change request must be submitted in writing and contain any information required by ELEPHANS to evaluate the change request. Upon receipt of a change request, ELEPHANS shall examine whether and on what conditions the change can be implemented and notify the Customer of the result of the examination in a written proposal.

ELEPHANS shall be entitled to issue a separate invoice to the Customer for the examination of a change request, unless the examination only required a minimal effort. ELEPHANS shall notify the Customer in advance if it intends to charge the Customer separately for the examination.

The details of a change, including the necessary adjustments to the contract (e.g., adjustments to the remuneration and the timetable) shall be laid down in writing.

Until the Parties reach a written agreement on the change, ELEPHANS shall continue to work in accordance with the existing agreements.

 

6 – Remuneration

The nature and amount of the remuneration shall be set out in the respective proposal.

In the case of remuneration on a time and material basis, the hours worked and the time spent traveling will be billed according to the types of services and the daily rates; the parts used will be billed at the prices in effect at the time the Service is performed.

The following surcharges will apply: 25% for night work (8 pm – 7 am), 50% for work on Saturdays, and 100% for work on Sundays or holidays.

A man day means an eight (8) hour working day. Working time of less than a full man day will be remunerated on a prorated half hour basis.

Travel expenses and disbursements will be invoiced separately.

All prices are subject to statutory VAT at the current rate.

The payment schedule will be set forth in the respective proposal. In the case of remuneration on a time and material basis, invoices will be issued monthly in arrears.

The remuneration shall be due upon receipt of an invoice and payable within [30] days of the invoice date.

7 – Deficient Services

Where Services are not provided according to the contract due to the fault of ELEPHANS, ELEPHANS shall be obliged to provide the respective Service in accordance with the contract within a reasonable period of time and at no extra cost to the Customer, provided that the Customer has given ELEPHANS written notice of the deficiency without delay, but in any case not later than [five (5)] working days after discovery of the deficiency.

If the subsequent performance of essential parts of the affected Services also fails within a reasonable grace period expressly set by the Customer due to reasons attributable to ELEPHANS, the Customer may terminate the contract for the provision of the Services without notice. In such case, ELEPHANS shall be entitled to remuneration for the services provided under the contract up to the effective date of termination.

The limitation period shall be one year.

Subject to the provisions of Section 8 (1) below, any other claims of the Customer based on deficient Services shall be excluded. This exclusion shall not apply if a warranty has been given or in cases of personal injury, intent, or gross negligence.

 

8 – Termination

The right of termination for good cause shall remain unaffected by the provisions of the preceding Section 7.

In addition to the right of termination for good cause, each Party shall have the right to terminate the agreement upon one month‘s notice, taking effect at the end of a calendar month.

If the Customer terminates the contract upon notice, ELEPHANS shall be entitled to the full remuneration that would have been due if the contract had been performed. However, ELEPHANS must accept the deduction of the expenses saved as a result of the termination and of any amounts earned by otherwise using its resources as well as the deduction of any amounts not gained due to willful failure to do so. If ELEPHANS terminates the contract upon notice, the remuneration provisions of Section 7(2), last sentence, shall apply mutatis mutandis.

Any notice of termination must be given in writing.

9 – Termination

If a third party brings a claim against the Customer alleging that any work results delivered by ELEPHANS in the course of the provision of Services infringe its proprietary rights, the Customer shall notify ELEPHANS in writing without delay and, to the extent possible, allow ELEPHANS to defend such claim or defend the claim itself according to ELEPHANS instructions. The Customer shall grant ELEPHANS all necessary authorizations for the legal defense or settlement negotiations. The Customer may not admit any third party claim without the prior written consent of ELEPHANS or otherwise interfere with ELEPHANS defense of the claim by taking action without consulting ELEPHANS. The Customer shall grant ELEPHANS any reasonable support in the defense of the claims. In particular, the Customer shall provide ELEPHANS with all necessary information concerning the use of the work results.

If an infringement of third party rights has occurred, if ELEPHANS is responsible for the infringement, and if the Customer has fulfilled its obligations under the preceding subsection (1), ELEPHANS shall, at its option, either (i) procure for the Customer the right to use the affected work results or (ii) modify the infringing work results in such a way that they are no longer infringing third party rights, without or with reasonable impact on the Customer respectively.

All inevitable costs incurred by the Customer in connection with the legal defense and attorney’s fees shall be borne by ELEPHANS.

If the Customer modifies or causes third parties to modify the work results, it shall have no claims under this Section 9 unless the Customer proves that the defects were not caused by such modifications and that such modifications have no negative impact on the analysis and removal of the defects by ELEPHANS.

Any other claims of the Customer based on infringement of a third party right shall be excluded. The forgoing shall not apply if a warranty has been given or in cases of personal injury, intent, or gross negligence.

10 – Grant of Rights

Upon full payment of the agreed remuneration, ELEPHANS will grant the Customer a non-exclusive, perpetual, non-transferable right to use the work results delivered in the course of the provision of Services solely for the purpose stated in the proposal.

The Customer may only reproduce the work results to the extent required for the contractually agreed use specified in the respective proposal.

ELEPHANS shall be free to dispose of its ideas, methods, concepts, the know-how and expertise acquired in connection with the project, and any other techniques developed in the course of the performance of the Services.

Where ELEPHANS creates any works capable of registration in the course of the provision of Services, ELEPHANS reserves the right to register such works in its own name and for its own account. In such case, the Customer will be granted a non royalty-bearing license to use the work results owed by ELEPHANS as stipulated in the contract.

The Customer may not alter or decompile the work. If the Customer requires information to achieve the interoperability of the work with independently created programs, ELEPHANS reserves the right to provide such information against payment of reasonable compensation.

11 – General Liability

In all cases of contractual or non-contractual liability, ELEPHANS shall only be liable subject to the following provisions:

ELEPHANS is obligated to exercise the degree of diligence customarily used in the industry. ELEPHANS liability for damage caused by intentional misconduct or gross negligence on the part of ELEPHANS or any of its agents or legal representatives shall be unlimited.

ELEPHANS liability for damage from injury to life, body or health shall be unlimited even in case of a slightly negligent breach of duty on the part of ELEPHANS or any of its legal representatives or agents.

Liability for damage caused by the lack of a feature guaranteed by ELEPHANS shall also be unlimited.

In all other cases, ELEPHANS shall only be liable for the violation of a material contractual obligation whose fulfillment is a prerequisite for the proper performance of the contract and on whose fulfillment the Customer was entitled to rely, but in any case only up to the amount of the typically foreseeable damages.

The Parties assume that the typically foreseeable damages will not exceed 40% of the remuneration to be paid pursuant to Section 6 in any particular case and amount to less than 100% of the total remuneration to be paid.

Liability under the Product Liability Act shall remain unaffected.

The Customer shall be responsible for making regular backups of its data. In the event of any loss of data due to the fault of ELEPHANS, ELEPHANS shall only be liable for the cost necessarily incurred for recovering the lost data from proper data backups made by the Customer.

Except in cases of willful misconduct, the Customer’s damage claims shall become statute-barred one year after the occurrence of the breach or tort.

12 – Confidentiality and Data Protection

Each Party shall maintain confidentiality about all confidential information disclosed to it and take all reasonable measures to prevent any unauthorized access to such information unless otherwise provided for by law or ordered by a governmental body. Confidential information shall include all information and documents of the respective Party which are marked as confidential or whose confidential nature is obvious including, without limitation, information relating to operational processes, business relations, and know-how.

Confidential Information of ELEPHANS may be disclosed to the Customer’s employees only to the extent necessary to enable them to perform their tasks. The Customer shall instruct its employees to comply with the confidentiality obligations of this Section and with the provisions of the Dutch Copyright Act.

The Customer may not remove, alter, or obscure any proprietary markings on the Confidential Information such as copyright notices, trademarks, serial numbers, or similar, and shall reproduce all such markings, notices, etc. in unchanged form on all copies of the confidential information made by the Customer.

The Customer shall promptly notify ELEPHANS in writing of any unauthorized disclosure or use of the Confidential Information coming to its knowledge. The Customer shall reasonably support ELEPHANS in pursuing any claims arising in this connection.

The obligations of confidentiality under subsections (1) and (2) above shall not apply to Confidential Information that

a) can be demonstrated to have been known to the recipient prior to the effective date of the contract or that is subsequently disclosed by a third party without violating any nondisclosure agreement or any laws or regulations;

b) was in the public domain prior to the time of conclusion of the contract or subsequently becomes public knowledge without any violation of this nondisclosure agreement;

c) must be disclosed by law or by order of a court or governmental authority;

d) was independently developed by the other Party.

Both Parties undertake to comply with the statutory data protection provisions and to obtain confidentiality undertakings pursuant to Article 5 of the Dutch Data Protection Act from their employees.

13 – Final Provisions

Neither Party may assign its rights or obligations under any agreement concluded hereunder to any third party without the prior written consent of the other Party.

The Customer may only set off claims of its own against the claims of ELEPHANS if such counterclaims are undisputed or recognized by declaratory judgment.

The Customer shall have no right of retention unless its counterclaim is based on the same contractual relationship and is undisputed or has been acknowledged in writing or recognized by a final judgment.

No oral agreements have been made. These General Terms and Conditions may not be modified, cancelled, or amended except in writing. The same shall apply to any waiver of this written form requirement.

These General Terms and Conditions shall be governed by Dutch law. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded.

The exclusive venue for all legal disputes arising in connection with the provision of the Services shall be the seat of ELEPHANS.

In the event that one or more provisions of these General Terms and Conditions shall be found to be invalid, the remaining provisions shall not be affected. In such event, the Parties shall replace the invalid provision by a valid provision that comes as close a possible to the economic purpose of the invalid provision. The same shall apply in case of an omission.

II. Special Provisions for Contracts for Work and Services

1 – Acceptance

ELEPHANS shall notify the Customer when the work is ready for acceptance and deliver the work for acceptance (“Delivery for Acceptance”).

Prior to the Delivery for Acceptance, the Parties shall define the acceptance criteria to be used by the Customer when conducting the acceptance test.

Unless otherwise agreed, the Customer shall commence the acceptance test within five (5) days of Delivery for Acceptance. Unless otherwise agreed, the Customer shall complete the acceptance test within five (5) working days. ELEPHANS shall have the right to participate in the acceptance test.

The Customer shall declare acceptance in writing within three (3) working days of completion of the acceptance test except in the event that defects preventing acceptance are present. In such case, the Customer shall, within three (3) working days of completion of the acceptance test, provide ELEPHANS with a written list specifying the defects preventing acceptance. The Customer may not refuse acceptance if the defects do not affect the usability of the results of the work. ELEPHANS obligation to remove defects shall remain unaffected.

Should the Customer fail to declare acceptance within three (3) working days of completion of the acceptance test without having notified ELEPHANS in writing of the presence of defects preventing acceptance within the aforementioned period, the work shall be deemed to have been accepted upon expiration of such period. ELEPHANS shall inform the Customer accordingly in the notice of Delivery for Acceptance.

Likewise, the use of the work for a period of more than two (2) weeks shall be deemed as acceptance thereof.

If the Customer detects any defects during the acceptance test, it shall notify ELEPHANS in writing without delay, providing ELEPHANS with a detailed description of the defects and making available any information that may be required to remove the defect. ELEPHANS shall remove the defects within a reasonable period.

2 – Defects of Quality and Defects of Title

Liability for defects of quality and defects of title shall be governed exclusively by the provisions of this section; Chapter I, Section 7 shall not apply.

ELEPHANS warrants that the work will meet the agreed characteristics and that the Customer will be able to use the work and services provided without violating any third party rights. The agreed characteristics are laid out in the proposal.

Technical data, specifications, and performance data contained in public statements including, without limitation, in advertising material shall not be regarded as quality specifications.

Any warranties given by employees of ELEPHANS shall require written confirmation by ELEPHANS management to be valid.

Any defects occurring shall be documented by the Customer in writing and in an as comprehensible manner as possible and notified to ELEPHANS immediately upon discovery. The notice of defects shall specify in as much detail as possible all information and attendant circumstances known to the Customer that may be useful for the detection and removal of the defect. The Customer shall take all reasonable measures to facilitate the detection of a defect and its causes. The Customer shall reasonably support ELEPHANS in the detection and removal of defects and allow it to promptly inspect the documents containing information on the exact circumstances surrounding the occurrence of the defect.

In the event of any defect of quality, ELEPHANS may, at its option, either deliver a new work or remove the defect; ELEPHANS may also remove a defect by showing the Customer possible and reasonable ways to avoid the impact of the defect, including by giving the Customer instructions (by phone or in writing).

If it turns out that any defect notified by the Customer does not exist or was not caused by the work or services delivered by ELEPHANS, ELEPHANS shall be entitled to charge the Customer for the cost of the analysis and other related activities in accordance with its current price list.

If ELEPHANS fails to remove defects of quality within a reasonable period of time that allows for at least two attempts to rectify the defect, the Customer shall be entitled to set one last grace period that will allow ELEPHANS to carry out at least two more rectification attempts. If ELEPHANS again fails to remove the defect within such last grace period or if the rectification or replacement must be considered to have finally failed for other reasons, the Customer shall have the right, at its option, to either reduce the remuneration or rescind the contract for the provision of the Services.

The subsequent performance shall not yet be considered to have finally failed after the second rectification attempt. Rather ELEPHANS shall be free to carry out an unlimited number of rectification attempts during the period for subsequent performance.

If ELEPHANS is at fault, the Customer may, in addition to rescinding the contract or reducing the remuneration, claim damages or reimbursement of futile expenses.

The Customer shall only have the right to rescind the contract or to claim damages in lieu of full performance in case of a material defect.

In the event of a justified rescission of the contract, ELEPHANS shall be entitled to demand reasonable compensation for the customer’s use of the licensed material up to the rescission of the contract.

In case of malice on the part of ELEPHANS or if ELEPHANS has made a warranty, the statutory provisions on defects of quality and defects of title shall remain unaffected.

With respect to defects of title, Chapter I Section 9 shall apply mutatis mutandis, with the proviso that the right to demand rectification pursuant to Section 9 (2) does not require any fault on the part of ELEPHANS.

The warranty period for all claims of the Customer based on defects shall be one year commencing with acceptance of the work.

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