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Privacy Policy – Independent Contractor

Cool Company values your personal data and we welcome the law (GDPR) that is intended to strengthen the protection of personal integrity. In this policy, we describe how we process personal data. If you have questions, you may be able to find an answer to them in this text, otherwise you can send a question to dataskyddsombud@coolcompany.se or call our customer service.

Collection of personal data

We must collect personal data to be able to employ an Independent Contractor. In order for Cool Company to be able to process personal data, we must have a legal ground/legal basis. Processing of personal data is legal, if the processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (like the one we need to be able to enter into with the Independent Contractor).

Processing is also legal if the processing is necessary for compliance with a legal obligation to which Cool Company is subject.

Processing may also be done according to a balancing of interests, where Cool Company’s interest in processing information is balanced against the interest of the registrant´s protection of integrity, and the result is that a  legitimate interest exist.

Processing is furthermore legal if the registrant has submitted consent to the processing. Consent shall be submitted separately and can always be revoked.

Legal basis for collection and processing

Fulfilment of agreement:

Since we are an employer for our independent contractors, this requires that we can process personal data to be able to enter into or fulfil agreements. The purpose is to administer employment conditions, which can involve payment of wages or to contact the independent contractor. In order for us to be able to fulfil our part of the agreement as an employer it may require, in certain cases, that Cool Company shares personal data about the employee to our client, (who ordered an assignment from the independent contractor). If employment exists we are required to continually inform you about issues that affect your position (like, working environment related questions).

Legal obligation:

Cool Company processes and shares personal data because of the liabilities that arise through law or other statutes, regulations of authorities, decisions, requests or guidelines. Personal data and the documents that are required in the Accounting Act is stored for as long as required. Documentation for bookkeeping and accounting may consist of agreements, written correspondence and invoices.  Processing of personal data is required since we for example must submit personal data to the Swedish Tax authority and other authorities and national organisations.

Fulfilment of agreement/legitimate interests:

Cool Company processes personal data by analyzing and processing statistics. For this processing, we can use both encrypted and pseudonymised data. The aim with this processing is so to improve our business and continue to offer our employees and customers good service, functionality and services.

Cool Company uses cookies on our websites to be able to offer a better user experience for our visitors. We can perform certain tests on our web site that give us statistics on how a certain function on our page is user-friendly or not. A cookie is a text file that is saved on your device so that our website can recognise your device. If you want to know when your device receives a cookie, you can set your web browser so that it notifies you about this. (That way you have a possibility to accept or reject a cookie). If you only visit the open site, the cookies don’t bring us any information containing personal data, then it only offers statistics and anonymous information such as the way into our site. Cool Company may use systems such as Google Adwords, Google Analytics, Facebook, Bing etc. in order to create target groups in advertising platforms.

Cool Company believes that there is a legitimate interest in maintaining a user friendly site and good services, but that this is also a requirement for us being able to fulfill our part of the agreement.

Cool Company processes your personal data by handling case history to be able to offer you customer support and to continually train our employees and improve our work methods to be able to offer the best possible support. When you contact us, the communication can be a subject for analysis. We expect that to be able to fulfill our part of the agreement, we should be able to offer good customer support (which is one of the services we are paid for). Our customer support is one of our primary means of communication with our employees. For non-employee, we believe that it is in our and the registered legitimate interest so that we can offer good customer support, but also so that we can enter into an agreement.

If and when we need to get credit information to be able to provide our service Express-pay, it is both to fulfill the agreement and in our legitimate interest that we process your personal data for this purpose. If you don’t want us to do a credit check you should not select the Express pay service.

Basic significance for those registered:

Cool Company can process personal data such as the nearest dependent to an Independent Contractor when we believe that it may be necessary to protect interests that are of basic significance for you as an employee. It is however your choice whether you want to provide us with this information or not.

Legitimate interests:

Cool Company can turn to the independent contractor with direct marketing which we consider as a legitimate interest when we will inform about existing or new services. We market both our existing and new services which can be for the purpose to enable more work opportunities for the independent contractor or to facilitate the daily activities when the independent contractor is under employment by us. Cool Company can for this purpose use personal data that we have stored and certain user data. The legitimate interest for this processing is to optimize our services and processes to provide the best services for the independent contractor over the long term and inform about news. There is always a possibility to object against receiving marketing information and the registered can in each e-mail chose to not receive more marketing from us.

Consent:

To enable for the registered to receive information interesting just for them, we would like to use personal data for profiling. For this we need a consent. Profiling means that we process personal data by collecting, saving, processing and analyzing data to bring out offers that match the registered and their personal needs. From the personal profile they would then recieve information about services and products that may be of interest for them, or that facilitate their work role and relation to us in some way. To be able to give a consent for this you must be at least 18 years of old. You do not need to provide consent to become an independent contractor. A consent can always be revoked under account settings.

Which categories of personal data are processed and how do we collect them

The categories of personal data that Cool Company needs to process and save to be able to enter into an agreement with the independent contractor are the following: –       name, –       personal identification number, –       login information, –       address, –       contact information such as e-mail address and mobile number, –       professional title, industry, and (required so that Cool Company can inform you about work environment and so that Cool Company can undertake assignment in the current area) –       bank account information (required for payment of wages) –       if you are sick during an assignment and send in a sick certificate this can be processed but saved only during the time it is needed and so that Cool Company can fulfil the employment agreement –       if we cannot determine that you are registered in SE, we need to collect a copy of your passport and work permit so that we are able to verify that you may work in the SE. –       certain tax documents can be sent in voluntarily

For those who are or have been employed, the following is also processed:

– employment number,

– employment date, departure date,

– employment form,

– work period,

– wages,

tax information and any other document, for example, employment contract, certification or similar document relevant for your employment,

It is voluntary to come in with contact information about the closest relevant to you.

We collect personal data in different ways, most often this happens when the registered creates an account and provides us with the information or we can receive it from a client. Personal data may, however, also be collected because the registered contacted us, for example through our customer support.

Time period

Cool Company store and processes personal data as needed for those who performed assignments as independent contractors in accordance with law and this is deleted before ten years from the time the last wages were paid from us. The categories that are saved are those that are needed for legitimate aims.

For registered who never performed assignments as independent contractors and whose accounts has been inactive for three years, Cool Company automatically will delete with their accounts. The account will then be deleted three years from the registration if the registered do not actively elect to save their account. An account is considered to be inactive if the registered account holder has never been employed by us and has not logged in to their account for three years.

Personal data received by customer support is deleted after one to three years, if the information is not needed for longer because of an identified objective or legal reasons.

Recipients and suppliers

Cool company share personal data with different recipients. It can be different suppliers of IT systems, case management systems or that personal data is shared with the bank, where the bank processes this for payment of wages.

Cool Company also provides personal data to other recipients such as authorities, if we by law or other decision from the authority are obligated to provide this.

In most cases, our clients (the one buying the assignment performed by the independent contractor), need access and processes the independent contractor’s personal data. Most often the clients themselves collect necessary personal data directly from the independent contractor but sometimes it is however collected through Cool Company.

The legal basis for us to share personal data to our client is to fulfil or enter into an employment agreement which the independent contractor is, or intend to be, part in. Cool Company has when required by law an data processing agreement with the recipient of personal data.

Transfer to a third party country

Recipients and suppliers can be established both within the EU/EEA and in a third party country. In a third party country the legislation GDPR is not applicable. If Cool Company transfers personal data to a third party country, we check that there is either an adequate level of protection in the country or that there are special guarantees that the information and your rights are protected. Sufficient guarantees can be that the transfer is regulated by standardized contract clauses that protect the registered rights or by internal company rules. The standardized contract clauses that are mentioned have a content that aims to ensure that the contractor shall live up to the standard that the GDPR requires and ensure that the registered´s integrity is protected.

The countries that the EU-commission has decided have an adequate level of protection may be found here: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfersoutside-eu/adequacy-protection-personal-data-noneu-countries_en

The standard contract clauses that the EU-commission approved and that we use may be found on:

http://eur-lex.europa.eu/legal-content/SV/TXT/HTML/?uri=CELEX-:32010D0087&from=EN

Increased protection for personal data

Cool Company undertakes so called appropriate technical and organisational steps to increase the protection for your personal data. Examples can be:

– encryption,

– policy’s,

– routines,

– internal register of personal data,

– assessment of consequences,

– information minimization,

– restricting access to personal data within the company.

We value the access to personal data and do not let unauthorised persons gain access to this. (Cool Company has confidential agreements with consultants who work for the company).

Your rights and how to utilize these

According to the law the registered have certain rights they can require from the controller. In most cases you can use these rights without any cost. We will answer a request without unnecessary delay, most often within a month.

Your rights mean that you can,

– get a verification of whether we process your personal data (and if so your personal data is processed in accordance with what is mentioned here),

– get a copy of the personal data that we process,

– object to processing or request so called data portability,

– limit processing of your personal data,

– have your personal data corrected,

– have your personal data deleted, or

– request a revocation of consent (this does not affect the legality of processing on the basis of consent before this was recalled).

To revoke consent regarding profiling you can unclick the box you checked when you submitted consent. You can find the box at the following link: https://app.coolcompany.com/dashboard/settings (requires that you log in). If you want to utilise any of your other rights, you can send in an email to dataskyddsombud@coolcompany.se.

It is possible to complain to the regulating authority in Sweden if you are of the opinion that our processing of your personal data is incorrect.

Correction of personal data

If you change your name, address or contact information, or if you notice incorrect information, it is your responsibility to change your information in the account so that this is updated and correct. Cool Company always wants to have correct information about you and we will do what we can so that your information is updated. If your personal data is subject to correction or deletion, Cool Company will notify the recipients of your personal data, provided that Cool Company finds it possible and not unreasonably burdensome.

Under age For under age independent contractors we have a specialized Privacy policy that is adapted and that describes the processing we do according to personal data for registered under 18 years.

Contact with a data protection officer

If you need to contact our data protection officer, you can always call customer support or send an email to dataskyddsombud@coolcompany.se.

Archiving of consent

Since Cool Company has the burden of proof that any consent has been collected and stored.