Privacy Statement of Temper‍

Welcome to Temper! Your privacy is very important to us, and we handle any information with which you provide us with care. We explain how we do this and what we use the information for in this privacy statement.

There are several ways you can get in touch with us. For example, if you visit one of our websites, if you have registered with us and/or if you have responded to an assignment. Even if you are working through us or have done so. But also if you participate in webinars, use online tools or use our apps, send us an email or contact us via social media. Likewise, if you apply with us for a job, are a contact person of a client or supplier or visit our websites as an interested party. This privacy statement applies to all these situations.

In this document, we explain which of your personal data we collect, process and record, when we do so and for what purposes. We also explain to whom we provide your data and who we engage to have your data processed. This document describes your rights and indicates where you can turn with questions.

We only use your data for the purposes described in this privacy statement. We have implemented both organisational and technical (IT) measures to prevent misuse of your data, such as destruction, modification, loss, falsification and unauthorised access to your data. This privacy statement does not apply to third-party websites that are connected with this website through links. Under no circumstances can we be held liable for the processing of personal data by third parties to whose website the Temper website contains hyperlinks and over which Temper has no control. For information about the processing of data by these third-party websites, please refer to the relevant privacy and/or cookie statements.

This is us

This is the privacy statement of Temper B.V. (a Dutch established limited liability company) and UK Temper Ltd. (a UK established limited company with ICO registration no. ZB418852), hereinafter also referred to as “Temper” or “we”. We are the controller as referred to in the rules and regulations in the field of data protection. Depending on whether you engage the Dutch entity or the UK entity, respectively Temper B.V. or UK Temper Ltd. acts as your controller and different data protection laws may apply to our processing of your personal data. For the purposes of our UK and EU operations, the UK General Data Protection Regulation (UK GDPR) and the EU General Data Protection Regulation (EU GDPR) apply in relation to services we offer. Excluding UK Temper Ltd., which is established at Oak House, Tanshire Park, Shackleford Road, Elstead, Surrey GU8 6LB, all other Temper entities are established at John M. Keynesplein 12 in (1066 EP) Amsterdam, the Netherlands.

We collect this data about you

If you come to us, we will collect data from you. For example, if you visit our websites, use our apps, apply for a job at Temper or contact us.

Temper collects the following data:

1. If you register with us:

• Name and address details (name, address, place of residence)
• Your account login details and password
• Contact details, such as email address and phone number
• Date, place of birth, and age.
• CV data, such as work experience and training, diplomas and certificates
• Photos and videos that you send to us yourself
• Your profile rating and endorsed skills associated with your account profile
• Times and dates of the gigs you work
• Information about your mobility, what means of transport you have, what driving licences
• Other information that may be relevant to the question as to which assignment suits you
• Financial data, such as IBAN
• BSN number, if necessary to meet our statutory tax requirements or those of clients
• Chamber of Commerce details and VAT number

2. If you are our contact person for a customer, supplier, client or other business relationship:  

• Your name
• Contact details such as email, phone number
• Business data such as Chamber of Commerce number, VAT number, payment details and other data relevant to the cooperation we have

3. If you apply to us or participate in our recruitment activities such as meet-ups, webinars or job alerts:

• Your name
• Contact details such as email address and phone number
• Photo you submit yourself (if applicable)
• CV data, such as work experience and training, diplomas and certificates (if applicable)
  

4. If you participate in a survey with us:

• Name and address details (name, address, place of residence)
• Contact details, such as email address and phone number
• Date and place of birth, age and sex
• Physical characteristics (if online interviews are recorded with video)

This is why we process your data

We process your data for the following purposes:

• in order to be able to offer and carry out our services and to bring them as much as possible in line with your wishes and expectations
• to develop and improve our services and to be able to collect relevant management information
• to inform you about our services. For this purpose, we use newsletters, mailings with information about our services or related matters.  We need your consent to do this in certain circumstances under applicable data protection laws (see further below in “We process your data on the basis of these principles” section). For this purpose we work with an opt-in that you can find on our websites/apps
• to manage relationships with clients, FreeFlexers, suppliers or other business relationships  
• to be able to invite you to events, meetings or gatherings
• to make the contact between us easier, such as chatting via the websites, questions you ask via the website
• to comply with the legal and contractual obligations that rest on us and the clients
• in order to be able to provide relevant insurance if necessary
• for the handling and processing of job applications
• to be able to carry out surveys satisfactorily

We process your data on the basis of these principles

Temper processes your personal data on one of the following legal bases:

You may withdraw any consent you have given to process your personal data at any time. However, this may affect the services we can offer you. Withdrawal of consent does not affect the processing prior to such withdrawal.

To whom do we provide your data?

We consider your privacy to be very important and treat your data with care and confidentiality. If we transfer your data to a third party, such as our affiliate companies, service providers, clients or authorities, we will limit this to the minimum required or what is legally required and make every effort to ensure that that third party is bound by the same rules as us. When providing your data to third parties (clients, the tax authorities, etc.), we limit this to the minimum or what is legally required. Temper my share your personal data with its affiliated companies.

No personal data is shared outside the EU and the UK. The UK ensures a level of protection that is essentially equivalent to that guaranteed by EU legislation. For our services, we make your data transparent to our employees, but only to those colleagues for whom this is important for the work they do and who are all subject to a contractual confidentiality obligation stipulated by us.

For the performance of our services, we work together with selected processors who offer sufficient privacy guarantees. If you need to upload a selfie and a copy of your passport or identity document to verify your age and identity when registering on our platform, this check will be carried out by a third party (Onfido Limited). Because it concerns sensitive information, we have chosen a trusted party like Onfido that complies with ‘Soc 2 Type II’, which means they have the highest level of data security and privacy accreditation available to an identity verification provider.

We consider the quality of our organisation and our services to be important and therefore have checks and audits carried out by auditors and audit party institutions. During these audits, your data may be provided or accessed solely for the purpose of ensuring our quality and keeping our business operations at the highest level. We cannot rule out the possibility that we may have to disclose your data, for example by means of a court order or in the context of an investigation by the police or the judiciary. In that case, we will endeavour to inform you of this, unless we are not permitted to do so for legal reasons or on instructions from the police and/or the judiciary.

How long do we store your data?

Temper will not store your personal data for longer than is necessary for the performance of its services or as long as Temper is required by law. We store personal data during the period that you are active on the platform. If you do not use Temper for 12 months, we will automatically erase your personal data and account. With regard to certain data processed in connection with our general administrative obligation, we are legally obliged to keep these for seven years.

When we no longer need your personal data, or when we are legally obliged to erase it, we will take all reasonable steps to erase it from our systems and files or take steps to anonymise it properly so that it can no longer be used to identify you.

These are your rights

The implementation of the rights below are all subject to legal exceptions and/or restrictions. You can exercise these rights via contact details in the “How to contact us" section.

• Right of access – you can request Temper to allow you to inspect your personal data at any time.
• Right to rectification – you have the right to have your personal data corrected if it is incorrect or outdated and/or to have incomplete personal data completed.
• Right to object – you can object to the processing of your personal data that we process on the basis of legitimate interest. We will stop processing unless there are compelling reasons not to do so. If you wish to object to processing for direct marketing purposes, we will always comply with this.
• Right to data portability – you may request the personal data that we process with your consent or in the context of our services to FreeFlexers in a structured, commonly used and machine-readable format and/or subsequently transfer it to another controller.
• Right to restriction – if your data appears to be incorrect, you believe that we are processing your data unlawfully, or your data no longer appears to be necessary for our processing purposes, you can always ask us to restrict the processing of this data.

Right to be forgotten / request for erasure – you can ask Temper to delete your personal data. We will delete your data unless we are required to retain such data in order to comply with a contractual or legal obligation or we have reasonable grounds to do so (for example, to prevent misuse of our platform).

Cookies

Temper uses cookies to improve your online experience and that of others. Cookies are small text files that are placed on your device by the browser. These cookies ensure, among other things, that the device you use for our services is recognised. You can disable these cookies in the browser. Below you will find more information about how we handle data from and about you when you visit our website.

Functional cookies

Functional cookies ensure that the Temper platform works properly. This way, you can stay logged in to the website and/or app and your preferences will be saved.

Analytics cookies

These cookies help to improve Temper’s platform. The cookies collect information about how you use the Temper platform. This includes information about the most frequently visited pages, your click behaviour and the period you are on our platform.

Marketing and other cookies

Marketing cookies are used, among other things, to show you relevant and personalised advertisements, to link to social media and to measure the effectiveness of an advertising campaign.

How to contact us and make complaints

If you have any questions, comments or complaints about the privacy statement or the way in which we process your data, please let us know. Your privacy is important to us! In the EEA, you can contact us at [email protected] or +31 (0)20 241 4009 and in the UK, you can contact us at: [email protected] or +44 (0)330 822 0948. You also have the right to lodge a complaint with the Dutch Data Protection Authority, or in the case of the UK, the Information Commissioner’s Office. To do so, please contact them directly.

Modifications‍

We can modify this privacy statement. The most current privacy statement can always be consulted via our websites. This privacy statement was last updated on 31/10/2022.