10th June 2021
When you apply for a position at Summit A/S, VAT-no. 26787610, Sundkrogsgade 7, 4th floor, DK-2100 Copenhagen, Denmark, (“Summit”), Summit will collect and process personal data on you as a job applicant, including storage of your job application, your CV and other relevant material in case there is a relevant vacant position, or a vacancy is expected in the company in the future.
2. Personal Data Processed by Summit
Summit processes the personal data you have provided to us by submitting your job application, CV and other relevant material (such as diplomas, references, etc.). Further, Summit may process personal data that are collected from third parties; for example, from public databases, via LinkedIn or other public social media platforms, an online search or a search and selection/recruitment agency. If you have given your consent, Summit may also obtain and process statements from your former employers, such as information on your job assignments and professional qualifications.
3. Legal Basis for Processing
Summit processes the personal data you have provided to Summit for recruitment purposes to pursue the legitimate interests of Summit such as administration of recruitment process and evaluation of the job applicants, cf. Article 6 (1) (f) of the General Data Protection Regulation (“GDPR”). If you are chosen for one of our vacancies, such processing will also be necessary in order to take steps at your request prior to entering into an employment contract, cf. Article 6 (1) (b) of the GDPR.
Storage of your personal data for relevant future recruitment will only take place based on your consent to such processing, cf. Article 6 (1) (a) of the GDPR.
4. Recipients or Categories of Recipients of Your Personal Data
Summit may disclose personal data about you to certain third-party recipients, such as intragroup companies or service providers in relation to the recruitment process (including search and selection/recruitment agencies). Such parties will only process personal data about you on behalf of Summit and in accordance with the instructions given by Summit. Thus, these thirdparty recipients are not permitted to process your personal data for their own purposes.
5. Transfer of Your Personal Data to a Third Country (Outside of EU/EEA)
In certain cases, your personal data may be transferred to countries outside of the EU/EEA. Summit ensures that such transfer will be carried out in accordance with the applicable data protection laws. This entails that Summit will identify and verify the transfer tool to rely on and adopt any supplementary measures that are necessary to bring the level of protection of the personal data transferred up to the EU standard of essential equivalence. Summit may, for example, ensure this by entering into the relevant EU standard contractual clauses with the data importer and – where relevant and necessary – by implementing supplementary measures.
6. Storage of Your Personal Data
If you are not chosen for the vacancy you applied for, Summit will store your job application, CV and other relevant material for 6 months provide that you have given your consent to such storage. Hereafter, your personal data will be deleted. If you have not given Summit your consent to the storage of your personal data, the documents will be deleted soonest possible after the position you have applied for has been occupied by another applicant, unless continued storage is or might be relevant for documentation purposes.
7. Your Rights as a Data Subjects
Summit has implemented appropriate organisational and technical measures in order to protect your personal data and ensure your rights as a data subject. Below is an outline of your rights, however, kindly note that such rights are not unconditional. You have the right to access the personal data Summit processes about you. Furthermore, depending on the circumstances you have the right to rectification, erasure (the “right to be forgotten”) or restriction of the personal data Summit processes about you. You also have the right to object to the processing of your personal data.
Under specific circumstances, you may also have the right to data portability. Where processing is based on a consent or a contract with you and the processing is carried out by automated means, you have the right to receive the personal data concerning you in a structured, commonly used and machine-readable format if technically possible. Thus, you have the right to transmit this personal data to a third party without hindrance from Summit.
As a rule, you have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
This does not apply if, among other things, automated decision-making and profiling is necessary for entering into, or performance of, a contract between you and Summit.
If – and to the extent – processing of your personal data is based on your consent, you have the right to withdraw your consent at any time. Please note that this does not affect the lawfulness of Summit’ processing of your personal data based on your consent before its withdrawal.
The Danish Data Protection Agency has issued a guideline on the data subjects’ rights. If you want to read more about your rights, please click here. Please note that the guideline is in Danish.
If you wish to exercise any of the above-mentioned rights, you are welcome to contact Summit by sending an email to email@example.com.
8. Questions and compliants
If you have any questions, complaints, or comments to Summit’ processing of your personal data in relation to the recruitment, please contact firstname.lastname@example.org.
Further, you have the right to file a complaint with the Danish Data Protection Agency (Datatilsynet ) at any time. Please see the contact information below.
Please note that the Danish Data Protection Agency is only competent of handling complaints regarding Summit’ processing of your personal data. Complaints concerning the handling of the recruitment process, rejections, etc. must be forwarded to Summit.
1.3 The Services delivered to Customer are specified in the applicable Order Form(s) or Statement of Work, which must be signed by Customer and SUMMIT. Customer and SUMMIT may on an ongoing basis agree on the Services to be provided by SUMMIT and the scope of each assignment as well as the involvement of and/or services to be provided (if any) by third parties.
2. Customer’s access and use of the Platform(s)
2.1 Right to Use
2.1.1 Subject to Customer’s timely payment, SUMMIT provides a non-exclusive, non-transferable, and time-limited right to use the Platform(s) in accordance with this Agreement (the “Right to Use”).
2.1.2 Customer is not allowed or in any way authorized to make any changes in the Platform(s), including but not limited to reverse-engineering and decompiling of the Platform(s) or any components thereof.
2.1.3 Customer understands that the Platform(s) are owned and provided by third parties, and that Customer is not granted any intellectual property rights or license in or to the Platform(s) besides a Right to Use such Platform(s).
2.2 Set-up and use of user accounts on the Platform(s)
2.2.1 Customer’s appointed employee(s) may be registered in the Platform as an admin user or regular user. All Users must have participated in adequate training and/or certification prior to the use of and access to the Platform(s). Only Hogan-certified employees are allowed to give assessment feedback.
2.2.2 Customer must ensure that only its authorised Users have access to the Platform(s).
2.2.3 Customer is responsible for ensuring that all information is always correct and up to date and for ensuring and verifying that user access, incl. admin user access, are kept up to date, and must promptly inform SUMMIT about any changes, including if a User shall no longer have access.
2.3 Support and administration of HALO
2.3.1 SUMMIT offers support to its customers through a hotline (+45 4585 1515) and info-mail (email@example.com). The hotline is open Monday through Friday during office hours 8.30 to 16.30 CET (Fridays until 16.00 CET).
2.3.2 Customer may order a training session by SUMMIT in the use of HALO, the online Platform provided by Hogan Assessment Systems, Inc.
3. Specific to consulting services
3.1 Prior to the provision of our Services related to consulting services, including 1-1 sessions, team development or leadership development, coaching or other consulting services, an Order Form or Statement of Work must be signed outlining the instructions given by Customer, the agreed details of the assignment and the scope of the consulting services (other details may also be agreed upon between Customer and the assigned consultant on an ongoing basis).
4. Rights to the Results
4.1 Customer will be granted all necessary rights to use the Results created in the course of SUMMIT’s performance of the Services or generated by Customer’s use of the Platform(s) for the purpose of which it was provided. However, all copyrights and other intellectual property rights in the Results are, and remain, vested in SUMMIT and/or its third-party providers.
5. Cancellation policy
5.1 The following cancellation policy applies to SUMMIT’s Services. Cancellations or changes shall be done by contacting SUMMIT on firstname.lastname@example.org or +45 4585 1515. The below timeframes are calculated from the scheduled hour.
5.2 Reservation of timeslots for 1-1 feedbacks and/or sessions: Participants must book their session 10 business days in advance. Allocated timeslots will be cancelled if not booked in due time.
5.3 Scheduled 1:1 sessions (e.g. 1:1 feedbacks on personality assessments and 1:1 coaching): Any cancellation or changes to the scheduled session must be received by SUMMIT no later than 5 business days prior to the scheduled session, otherwise, the session will be invoiced at full price.
5.4 Projects, team sessions or internal certification workshops designed specifically for customers: Scheduled days/sessions must be cancelled or changed no later than 20 business days prior to the scheduled days/sessions. For cancellations or changes received less than 20 business days prior to the scheduled days/sessions, the Customer will be invoiced 50% of the price; less than 10 business days prior to the scheduled days/sessions 75% of the price, and less than 5 business days prior to the scheduled days/sessions 100% of the price.
5.5 Workshops (only “open for all” training or certifications workshops): Participation in a workshop must be cancelled or changed no later than 10 business days prior to the scheduled workshop. For cancellations less than 10 business days before the workshop, Customer will be invoiced 75% of the price. For cancellations less than 5 business days before the workshop, Customer will be invoiced 100% of the price.
5.6 Other specific cancellation terms may be communicated directly if applicable.
6. Prices and invoicing
6.1 Prices and other fees are as specified in SUMMIT’s Price Lists. All Prices are exclusive of VAT. The Price Lists may be subject to occasional price regulations, usually once per year in January. A support and administration service charge of five (5) per cent will be added to each invoice.
6.2 All expenses incurred as part of the work and Services provided by SUMMIT, including reasonable expenses related to travel, accommodation, meals and parking and other charges (if any and if agreed) paid to third parties on behalf of Customer will be added to the invoice. Flights outside Europe will be Business Class and a half day’s fee will be added per travel day. Where possible, SUMMIT will inform Customer about such additional expenses beforehand. Each Party shall be responsible for its own banking fees, transfer fees and any costs incurred due to currency conversion (if any).
6.3 The Services are invoiced monthly. However, Customer’s participation in workshops, trainings and certifications will be invoiced prior to participation.
6.4 Payment terms are fourteen (14) calendar days net from the invoice date. In case of late payment, interest will be added in accordance with the provisions of the Danish Interest Act. The invoiced amount is payable net of any local taxes in the jurisdiction of Customer. In case of late payment, SUMMIT is entitled to suspend any Services provided to Customer.
6.5 Customer must ensure that SUMMIT is always provided correct and updated invoice information. If SUMMIT incurs any costs due to incorrect or outdated information, such costs will be added to the invoice.
6.6 If Customer requires additional assistance beyond SUMMIT’s regular support services, a separate fee may be charged (such as extensive support with sending reports, extensive invoicing requests, statistics of use etc.). Customer will be informed if such assistance is subject to separate remuneration.
7.1 SUMMIT and Customer may in connection with provision of the Services obtain information relating to the other Party and its employees which is not made available generally by that other Party, including personality traits in assessment reports and during coaching sessions and workshops (“Confidential Information”).
7.2 The receiving party shall keep all Confidential Information confidential and not disclose it to any third party (except as required to provide the Services or as required by law).
7.3 SUMMIT’s employees and consultants are subject to a written confidentiality obligation to observe an extended duty of confidentiality, and SUMMIT adheres to applicable procedures to ensure the effective protection of all confidential and personal information.
8.1 SUMMIT is liable for the Services provided by SUMMIT in accordance with general rules of Danish law. Notwithstanding anything to the contrary, the total liability of SUMMIT, its consultants, directors and staff to the Customer, including its Affiliates, is limited to the amount which has been invoiced to Customer in a period of six (6) calendar months prior to the month in which the loss incurred (but shall in no event exceed a maximum of DKK 100,000) for all aggregate damages and/or claims or the like that may arise from SUMMIT’s performance of the Services or in connection with this Agreement. SUMMIT, its consultants, directors and staff are not liable for any consequential loss or other indirect loss, including loss of profits, data, goodwill, image or fines etc.
8.2 SUMMIT, its consultants, directors and staff are not liable for any errors committed by subcontractors engaged by SUMMIT with the prior agreement with Customer. SUMMIT, its consultants, directors and staff are not liable for damages and/or claims arising from services, including the Platform(s), provided by Hogan Assessment Systems, Inc. or other third-parties.
8.3 Customer is solely and fully liable for its own use of the Services, including the Platform(s), and SUMMIT shall in no event – despite anything to the contrary – incur any liability or suffer any loss for Customer’s own use of such.
9. Term and termination
9.1 This Agreement commences on the date stated in the Engagement Letter or the first Order Form or the first Statement of Work or when the Customer starts using the Services. The Agreement may be terminated at any time in writing unless otherwise agreed in the Order Form or Statement of Work or Engagement Letter. Customer will be invoiced for the used Services up until the use is ceased.
10.1 Assignability. SUMMIT may assign this Agreement in its entirety or partly, without consent of Customer, to its Affiliates or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
10.2 No partnership. Nothing in this Agreement directly or indirectly, shall be deemed or construed to create a partnership, franchise, joint venture or employment relationship between the Parties, or authorize a Party to act as agent, on behalf of or otherwise bind the other Party. The relationship between the Parties shall be deemed to be that of independent contractors.
10.3 No waiver. No failure or delay by either Party in exercising any right, power, or privilege under this Agreement, or any partial exercise thereof, shall operate as a waiver of any such right, power, or privilege.
10.4 Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.
10.5 The entire Agreement. The Terms of Business as updated from time to time, Order Form(s) or Statement of Work, Engagement Letter(s), the DPA as updated from time to time and the at any time applicable Price Lists, constitute the entire Agreement between the Parties and supersedes all previous agreements and representations, written or oral, express or implied between the Parties.
10.6 Amendments: The Agreement may be updated or amended from time to time. Newer versions shall replace any prior versions.The at any time applicable version of these Terms of Business is available on the website.
10.7 Force Majeure. Except for payment obligations, a Party (including its Affiliates) shall not incur any liability to the other Party for any non-performance or delay in the performance of its obligations under this Agreement if such non-performance or delay results from a Force Majeure event. The same applies in the event of a default of a Party’s sub-contractors which have been caused by a Force Majeure event.
10.8 Notices. All notices or other communications that are required to be given under this Agreement, shall be in writing and shall be sent by e-mail to the agreed e-mail address and deemed received upon delivered e-mail. SUMMIT’s e-mail address is set out below and Customer’s e-mail address is the one registered in SUMMIT’s system or as set out in the Order Form(s) or Statement of Work. It is the responsibility of Customer to ensure that the relevant contact details of Customer are always updated with correct information. The Parties acknowledge and agree that all electronic notices have the full force and effect of paper notices.
10.9 SUMMIT contact details. E-mail: email@example.com and phone: +45 4585 1515
11. Law and venue
11.1 This Agreement shall, in all respects, including all matters of construction, validity and performance, be governed by the laws of Denmark, irrespective of any conflict-of-law principles, which may result in the application of the laws of another jurisdiction. The courts of Denmark have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement.
12.1 “SUMMIT” is Summit A/S, CVR-no. 26787610, and its Affiliates.
12.2 “Affiliate(s)” shall mean any entity, directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control with a Party.
12.3 “Customer” is the customer to SUMMIT’s Services, i.e. the specific company, organization or person as set out in the Order Form and/or Statement of Work and/or Engagement Letter or otherwise has ordered the Services.
12.4 “DPA”: The Data Processing Agreement concluded between SUMMIT and Customer (and if relevant, Customer’s Affiliates).
12.5 “Force majeure” means any cause or event beyond the reasonable control and without the fault or negligence of a Party and which prevents a Party from performing its obligations under this Agreement or make the performance of the same excessively onerous. Force Majeure includes, without limitation, strikes, lock-outs or other industrial disputes , failure of a utility service or transport or telecommunications network, war, regional epidemic or international pandemic, national emergency, riot, civil commotion, malicious damage, accident, breakdown of plant or machinery, fiber or cable or wire cut, power outage or reduction, fire, flood or storm, or other governmental actions or regulations that would prohibit either Party from performing its obligation pursuant to the Agreement.
12.6 “Party”: SUMMIT or Customer (collectively referred to as the “Parties”).
12.7 “Platform(s)” shall mean the online personality assessment products provided by Hogan Assessment Systems Inc., such as the online platform HALO, the Hogan Talent Platform (HTP) or any subsequent versions/variations hereof, and other third-party online platforms providing online personality assessments.
12.8 “Services” shall have the meaning as set out in section 1.
12.9 “Results” include personality assessment reports, team reports, written analyses and other written material created by SUMMIT or third-party providers as part of the performance of the Services to Customer.
12.10 “User” is Customer’s employee or – if relevant a consultant – appointed by Customer to use the Platform on behalf of Customer (either as admin user or regular user).