Privacy policy

Berlitz Corporation, a corporation registered in New York under the number 1382993, with headquarters located at 7 Roszel Road, Princeton, New Jersey 08540, United States (“Berlitz” or “we”) has drafted this Privacy and Cookies Policy (the “Policy”) to let you know what kind of information we collect, how it is handled, and with whom it may be shared.

This Policy describes the categories of personal data that we collect during the employment application process, how we use your data, how we secure your data, when we may disclose your data to third parties, and when we may transfer your data outside of your home jurisdiction. This Privacy Policy also describes your rights regarding the personal data that we hold about you, including how you can access, correct, and request the erasure of your data. This Policy applies only to the processing of personal information in the employment application process carried out by Berlitz Corporation as a data controller, including on the Berlitz.com/careers website, the Yello platform, the multi pro platform, and other related websites we have linked to this Policy. Processing by other affiliated entities such as Berlitz Franchise operations or third parties may be governed by separate privacy policies, and we recommend that you review the privacy policies of those entities on the respective websites.

We are committed to handling your personal information per this Policy, the General Data Protection Regulation (“GDPR”), the EU-U.S. Privacy Shield, European Commission-approved Standard Contractual Clauses, and other applicable data protection and privacy laws. We take steps to ensure that the personal data that we collect about you is adequate, relevant, not excessive, and processed for limited purposes.

Please direct any comments or concerns you may have about this Policy to the contacts listed in the “How Can You Contact Us?” section below.

Collection of Personal Data

For purposes of this Privacy Policy, personal data means any information about an identifiable individual collected in connection with the recruitment process. We may collect personal data directly from you, as a job applicant, or may receive personal data from third parties, for example, in connection with a background, employment, or reference check, subject to your consent. Personal data excludes anonymous or de-identified data that is not associated with a particular individual. We may collect, store, and process the following categories of personal data, which we require in connection with our recruiting activities:

• Personal contact information, such as name, title, physical address, telephone numbers, and email addresses.
• Work history and other relevant experience, including information contained in a resume, CV, cover letter, or job application.
• Education information, including degrees awarded, transcripts, and other information provided in support of the job application.
• Information was collected during phone screenings and interviews.
• Details regarding the type of employment sought, desired salary, willingness to relocate, job preferences, and other information related to compensation and benefits.
• Reference information and information received from background checks, where applicable, including information provided by third parties.
• Information related to previous applications to Berlitz or previous employment history with Berlitz.

The following types of personal data may be considered special categories considered sensitive and entitled to receive special protection:

• Racial or ethnic origin.
• Political opinions.
• Religious beliefs.
• Trade union membership status.
• Genetic data.
• Biometric data.
• Data concerning physical or mental health conditions or disabilities. 
• Data concerning sex life or sexual orientation.
• Data relating to criminal convictions or offences.

We may collect and process some special categories of personal data when you voluntarily provide them, or if we receive them from a third party with your consent when such data is relevant for a particular position. For example, physical or mental health conditions or disability status may be relevant to determine appropriate workplace accommodations and evaluate fitness for a particular position. Previous criminal charges or convictions may be relevant depending on the applied-for position.

Use of Personal Data We only process your data where applicable law permits or requires it in connection with carrying out our application and recruitment process, to take steps necessary to enter into an employment contract with you, where processing is necessary to comply with a legal obligation that applies to us, for our legitimate interests or the legitimate interests of third parties, or with your consent.

We may process your data for the following legitimate business purposes:

• Identifying and evaluating job applicants, including assessing skills, qualifications, and interests to determine suitability for the position for which you have applied.
• Verifying your information and carrying out employment, background, and reference checks, where applicable, subject to your consent.
• Communicating with you about the recruitment process and your application.
• Keeping records related to our hiring processes.
• To comply with our legal, regulatory, and other corporate governance requirements.
• Analyzing and improving our application and recruitment process.

The primary legal bases for processing your data are your consent (GDPR Art. 6(1)(a)); the performance of a contract to which you are a party, or to take steps at your request before entering into a contract (GDPR Art. 6(1)(b)); complying with our legal obligations (GDPR Art. 6(1)(c)); legitimate business interests, as described above (GDPR Art. 6(1)(f)).  

 

If the Data are still required after the completion of the application procedure, for instance for prosecution purposes, we are permitted to process the Data for the protection of our legitimate interests according to GDPR Art. 6(1)(f), i.e. for the assertion or defence of claims.

Data Retention Except as otherwise required by applicable law or regulation, we will only retain your data for the following retention periods, as applicable to your situation: 10 years after any employment relationship ceases; or 3 months after a final decision has been made to not hire a job candidate. If you are offered and accept employment with Berlitz, the personal data collected during the application and recruitment process will become part of your employment record, and we may use it in connection with your employment consistent with our employee personal data policies. While we continue to process your personal information, we will ensure that it is processed per this Policy. Otherwise, we securely erase or anonymize your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to your or your consent. If you are offered and accept employment with Berlitz, the personal data collected during the application and recruitment process will become part of your employment record, and we may use it in connection with your employment consistent with our employee personal data policies.

How We Share Your Information

Except as specifically outlined in this Policy, we do not share your personal information with any non-affiliated third party without your permission.

We may disclose aggregate information, such as demographic information, and our statistical analyses to third parties, including advertisers or other business partners. This aggregate information does not include personal data identifiable to you as an individual.  

We may share your data with our employees, contractors, designated agents, or third-party service providers who require such information to assist us with administrating the recruitment process, including third-party service providers who provide services to us on our behalf. We may use third-party service providers for various purposes, including, but not limited to, obtaining employment verification and background checks, and data storage or hosting. These third-party service providers may be located outside the country in which you live or the country where the position you have applied for is located. We required all our third-party service providers to implement appropriate security measures to protect your data consistent with our policies and any data security obligations applicable to us. We do not permit our third-party service providers to process your data for their purposes.

 

During the job application process, you may be asked to provide Data to us through the RECSOLU, Inc. DBA Yello (“Yello”) platform, including, but not limited to, your name, email address, preferred workplace, degrees, languages spoken, and location. We have contractually obligated Yello to provide adequate technical and organizational safeguards concerning any Data made available to it by you in the course of submitting a job application with us. Yello is also contractually prohibited, with limited exceptions, from disclosing or transferring Data to any third party without our written prior consent. By providing data to us via the Yello platform, you are consenting, under GDPR Art. 6(1)(a), to the processing your Data for the purposes outlined in this Policy.

We may also share your data with certain entities that control us, are controlled by us, or are under common control with us (our “Affiliates”), and websites operated by our Affiliates. We require that our Affiliates agree to process such data based only on our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures.

As of July 11, 2018, these Affiliates include the following entities:

Berlitz Deutschland GmbH Berlitz Languages, Inc.

Berlitz Investment Corporation Berlitz Publishing Company, Inc.

Berlitz Franchising Corporation

ELS Educational Services, Inc. (ELS)

World Wide Speaking SARL (World Speaking)

Second Language Testing, Inc. (SLTI) Training Management Corporation (TMC) Versation, Inc.

 

Additionally, Berlitz may share your personal information in response to subpoenas, court orders, or other lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also disclose personal information to enforce or apply our rights and agreements, or when we believe in good faith that disclosing this information is necessary or advisable, including, for example, to protect the rights, property, or safety of our businesses, our websites, our customers, our users, or others, as permitted under the applicable laws, or as otherwise required by law or by government and regulatory entities. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

Is My Information Secure?

Berlitz is committed to doing its best to maintain the security of information collected on our websites. To try to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have implemented physical, electronic, and managerial procedures to safeguard and secure the information we collect. Despite the efforts we take to safeguard and secure information, there is always some risk in transmitting information electronically. As we deem appropriate, we use security measures consistent with industry standards.

Your rights as the data subject

It is important that the personal data we hold about you is correct and current. Please keep us informed if your personal data changes during the recruitment process.

By law, you may have the right to require access to, correct, and erase the personal data that we hold about your, or object to the processing of your personal data under certain circumstances. You may also have the right to request that we transfer your personal data to another party.

a) Right to information

On request, we will provide you with a copy of the personal data Berlitz has collected, stored, and processed about you,  at any time and free of charge, subject to confirmation of your identity. Any such request for information must be made to Berlitz in writing, to the address identified below in the Contact Us section. We may request specific information from you to help us confirm your identity. We reserve the right to refuse to provide information to you if we are unable to confirm your identity.

b) Correction, deletion, processing restrictions (blocking), objection

If you no longer consent to Berlitz storing your personal data, or if your personal data is no longer accurate, we will initiate the deletion, blocking, or updating of your data at your written request, to the extent reasonably possible in accordance with applicable laws and regulations. The same applies if you want your data processed subject to certain restrictions.

c) Data portability

On written request, we will provide you with your data in a common, structured and machine-readable format so that you can transfer the data to another competent party, where required by law.

d) Right of appeal

Depending on your location, you may have a right to make a complaint regarding Berlitz’s collection, processing, or storage of your personal data. A list of competent supervisory authorities for applicants located within the European Economic Area is accessible here: (https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html).

 

e) Right to withdraw consent with future effect

You can withdraw your given consent at any time with future effect. This withdrawal of consent must be made in writing, to the address detailed below in the Contact Us section. The withdrawal of your consent will, however, in no way affect the lawfulness of the processing of your Data before the time of withdrawal.

f) Restrictions

Berlitz’s right to maintain and use data that cannot be used to identify you individually, for example, data that has been anonymised for analysis purposes, are not affected by the above-delineated rights.

g) Exercise of your rights as an affected party

If you have any questions regarding your personal data, the provision of information, corrections, blocking, objections or the deletion of Data or want your Data to be transferred to another company, please contact datenschutz@berlitz.de or privacy@berlitz.com.

 

Children’s Privacy

It is our policy not to knowingly collect personal information from any person under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us at privacy@berlitz.com. If we become aware that a child under 13 has provided us with personal information, we will endeavour to delete such information from our files as soon as possible.

 

Non-U.S. Residents

Transfers of Personal Data across National Borders

Berlitz is a global company that transfers Personal Data across national borders in compliance with laws that apply to such transfers. Berlitz has put in place appropriate safeguards to ensure its data transfers are adequately protected.

 

If you are located outside the U.S., please note that you may be transferring your personal information to a country that does not have the same data protection laws as your home country. Berlitz’s legal bases for data transfers are outlined in this Policy. When Personal Data is transferred from one or more of our entities in the European Union, European Economic Area, or Switzerland, Berlitz (including its Affiliates listed in the “Affiliated Parties” section above) relies on one or more of the following legal mechanisms that provide adequate safeguards for the transfers: the European Commission-approved Standard Contractual Clauses; the EU-U.S. Privacy Shield; and the Swiss-U.S. Privacy Shield; your consent to the transfer.

 

You can request a copy of any standard contractual clauses relating to your Personal Data that we may have executed by contacting us using the details below. Berlitz commits to cooperate with the EU data protection authorities and the Swiss Federal Data Protection and Information Commissioner, and to comply with the advice given by such authorities, with regard to Personal Data transferred from one of our entities in the EEA, Switzerland, or the United Kingdom to the United States.

 

Privacy Shield
Berlitz is committed to handling your personal information in accordance with this Policy and the EU-U.S. Privacy Shield (or the Swiss-U.S. Privacy Shield, as the case may be), as administered by the U.S. Department of Commerce. There have been recent changes to the EU’s acceptance of the EU-US Privacy Shield Framework’s terms. The European Court of Justice declared the Privacy Shield invalid as a legal mechanism of transfer. However, as of August 20, 2020, the U.S. Department of Commerce’s position is that this European Court of Justice decision does not relieve participants of their obligations under the Framework, and it continues to administer the Privacy Shield program while EU-US discussions on the issue continue. Berlitz, as part of our commitment to privacy and obligations as a privacy shield participant, continues to maintain its commitment to the EU-U.S. Privacy Shield and to adhering to a set of privacy principles that offer strong data privacy protections and recourse for EU residents. A link to the U.S. Department of Commerce’s position on the current state of the Privacy Shield Program can be found here: https://www.privacyshield.gov/article?id=EU-U-S-Privacy-Shield-Program-Update.

 

If there is any conflict between the terms of this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the EU-U.S. and Swiss-U.S. Privacy Shield frameworks, and to view the certification of Berlitz Languages, Inc., please click here.

 

Berlitz’ accountability for personal information that it receives under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Berlitz remains responsible and liable under the Privacy Shield Principles if third parties engaged by Berlitz process the personal information in a manner inconsistent with the Principles unless Berlitz proves that it is not responsible for the event giving rise to the damage.

 

As further explained below, Berlitz encourages any individual to contact us if they have a Privacy Shield-related (or general privacy-related) complaint.

 

Contact Us

Please direct any comments or concerns you may have about this Policy to the contacts listed below.

 

The responsible body for the processing of personal data within the scope of this website and in accordance with the provisions of the General Data Protection Regulation (GDPR) is:

Berlitz Corporation7 Roszel Road

Princeton, NJ 08540

Tel.: +01 609 246-5460

Web: www.berlitz.us

Email: privacy@berlitz.com

 

The following is the European representative for the above U.S.-based responsible party:

Berlitz Deutschland GmbH

Hahnstrasse 68-70

60528 Frankfurt am Main

Tel.: +49 (0)69 666 08 90

Web: www.berlitz.de

Email: info@berlitz.de

Our data protection officer is:

Henning Strahl, email: datenschutz@berlitz.de

 

Complaints will be resolved internally in accordance with Berlitz’ complaints procedures. If you live in the European Union, European Economic Area or Switzerland and efforts to resolve the matter internally are unsatisfactory, the complaint may be submitted to the American Arbitration Association (click here), which has been selected as the independent recourse mechanism to resolve complaints and disputes relating to the treatment of data originating in the European Union, European Economic Area, or Switzerland under this Policy. Berlitz is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).

 

If you are a past or present employee of Berlitz in the European Union, European Economic Area, or Switzerland, Berlitz has also chosen to cooperate with and comply with the advice of EU data protection authorities (DPAs) in relation to such unresolved complaints (as further described in the Privacy Shield Principles). Please contact us to be directed to the relevant DPA contacts. As further explained in the Privacy Shield Principles, a binding arbitration option will also be made available to you in order to address residual complaints not resolved by any other means.

 

Changes

As we continue to develop our websites and take advantage of technologies to improve the services we offer, this Policy will likely change. We reserve the right to update this Privacy Policy at any time. Changes are effective upon posting. We encourage you to refer to this Policy on an ongoing basis so that you are aware of and understand our current Policy.