Processing of (personal) data by the entity in charge of the online application process

In accordance with Art. 13, 14 and 21 of the General Data Protection Regulation (GDPR), we would like to inform you about the processing of the personal data you have relayed as part of the application process, as well as the personal data we have collected and your relevant rights. To ensure that you are fully informed about the processing of your personal data in the context of the application process, please take note of the following information.

1. DATA HANDLER IN ACCORDANCE WITH DATA PROTECTION

Online Birds GmbH

Karlstraße 35

80333 Munich

Phone: +49 (0)89 5 20 31 05-25

Telefax: +49 (0)89 5 20 31 05-20

info@online-birds.com

Incorporated in the commercial registry

2. CONTACT INFORMATION FOR OUR DATA PROTECTION OFFICER

Proliance GmbH / www.datenschutzexperte.de

Datenschutzbeauftragter

Leopoldstr. 21

80802 München

datenschutzbeauftragter@datenschutzexperte.de

3. PURPOSE AND LEGAL BASIS FOR DATA PROCESSING

We process your personal data in accordance with the European Data Protection Regulation (EU GDPR) and the Federal Data Protection Act (BGSV) provided that it is necessary to the decision of establishing an employment contract with us. The legal basis for this is art. 88 GDPR in conjunction with § 26 of the new BDSG, as well as art. 6 par. 1 point b GDPR for the initiation or execution of contractual relationships, where applicable.

Furthermore, we can process your personal data, provided that this is necessary for the fulfillment of legal obligations (art. 6 par. 1, point c GPDR) or for the defence of alleged legal claims against us. Art. 6 par. 1 point f GDPR is the respective legal basis. The legitimate interest is, for example, a burden of proof for a procedure in accordance with the General Act on Equal Treatment (AGG). Should you give us an explicit consent to processing your personal data for certain purposes, the legitimacy of the data processing is granted by your consent in accordance with art. 6, par. 1 point a GDPR. A granted consent can be revoked at any time, with respect to subsequent services (see point 9 of the Data Protection Information).

According to art. 88 GDPR, in conjunction with § 26 of the new BDSG, should an employment relationship be established between you and us, we can continue to process the personal data we have formerly received from you to the benefit of the employment relationship, as long as this is necessary for the establishment or termination of the employment relationship, or for the exercise or fulfillment of rights and duties of the advocacy, resulted from the law or from a labour agreement, company or service agreement (collective agreement).

4. CATEGORIES OF PERSONAL INFORMATION

We only process the information associated with your application. This can include general personal information (name, address, contact information, channel, how you found out about us etc.), details about your professional qualifications and education, advanced vocational trainings as well as other applicable information, which you have relayed to us as part of your application (motivational letter, résumé, credentials etc.).

5. SOURCES OF INFORMATION

We process personal information which we receive from you as part of our correspondence, respectively your application via online form, mail or email, as well as information you relay to us via LinkedIn, Indeed, Hotelcarreer, IHK-Stellenbörse, Agentur für Arbeit, Jooble, Glassdoor, and other career platforms.

6. RECIPIENTS OF INFORMATION

We forward your personal information within our company exclusively to the departments and persons who require this information for the fulfillment of contractual and legal duties, respectively for the execution of our legitimate interests.

Your personal information will be processed on our behalf, on the basis of order processing contracts in accordance with art. 28 GDPR. In such cases, we ensure that the processing of personal information is compliant with GDPR terms. The categories of recipients in this case are internet providers as well as providers of application management systems and software.

The information relayed as part of your application are transferred via TLS encryption and saved in a database. This database is operated by Personio GmbH, who provide personal management and application management software. (https://www.personio.com/legal-notice/).In this regard, Personio is our data processing company, in accordance with art. 28 GDPR. The basis of the information processing in this case is a data processing contract between us, as responsible party, and Personio.

Information will only be forwarded to recipients outside the organization only if legal regulations allow it or mandate that the information transfer serves the fulfillment of legal obligations, or if we are presented with your consent.

7. FORWARDING TO A THIRD COUNTRY

The information is not meant to be forwarded to a third country.

8. DURATION OF DATA RETENTION

We store your personal information for as long as the decision regarding your application requires. Your personal information, respectively your application documents, will be deleted within maximally six months after the finalization of the application process (e.g. announcement of refusal), provided that a longer retention is not legally necessary or permitted. Subsequently, we are obliged to delete, respectively anonymize your information. In this case, the information will only be available to us as so-called metadata without personal reference, for statistical appraisal (i.e. the percentage of female and male applicants, number of application per time period etc.). We will only keep your personal information for longer if this will be required legally or in particular cases, where it is necessary for the establishment, exercise or defence of legal claims, for the whole duration of the lawsuit.

In case you agree to a longer retention of your personal information, we will retain it according to your declaration of consent.

Should the application process result in an employment, training or practice relationship, your information will be further retained and subsequently added to the personal file, according to necessity and permissibility.

Subsequently to the application process, you may receive an invitation to be recorded in our Talent pool. This allows us to take you into consideration for our future candidate selections. If we receive consent from your side, we will save your application data in accordance with your consent and, if applicable, with future consents.

9. YOUR RIGHTS

Every person concerned has the right of access as per art. 15 GDPR, the right to certification according to art. 16 GDPR, the right to erasure according to art. 17 GDPR, the right to restriction of processing as per art. 18 GDPR, the right of notification as per art. 19 GDPR, as well as the right to data portability as per art. 20 GDPR.

Furthermore, there is the right of lodge a complaint with a supervisory authority as per art. 77 GDPR, if you believe that the processing of your personal information does not occur lawfully. The right to lodge a complaint is valid regardless of ulterior administrative or judicial remedies.

Insomuch as the processing of information ensues based on your consent, you are entitled to revoke this consent to the processing of your personal information at any time, according to art. 7 GDPR. Please note that the revocation will only take effect subsequently. Processing done before the revocation are exempt from it. In addition, please note that we are required to retain certain information, which is necessary for the fulfillment of legal obligations, for a certain period of time.

Right of objection

Provided that the processing of your personal information is used in order to maintain legitimate interests according to art. 6 point f GDPR, you are entitled, as per art. 21 GDPR, to revoke the processing of this information at any time, for reasons derived from your particular situation. In this case, we will no longer process your personal information, unless we can demonstrate compelling legitimate grounds for the processing. These must override your interests, rights and freedoms, or the processing must serve the establishment, exercise or defence of legal claims.

To ensure your rights, please contact us.

10. THE NECESSITY OF PERSONAL INFORMATION PROVISIONING

Providing personal information as part of application processes is neither legally, nor contractually mandatory. Hence, you are not obliged to make statements regarding your personal information. Please note, however, that they are necessary for decisions regarding applications, respectively for closing a contract regarding an employment relationship with us. Should you not provide any personal information, we cannot make a decision regarding the establishment of an employment relationship. As part of the application process, we recommend that you provide strictly the information required for submitting the application.

11. THE AUTOMATIZATION OF THE DECISION-MAKING PROCESS

Because the decision regarding your application is not based solely on automatic processing, automatic decisions cannot be made in individual cases, in accordance with art. 22 GDPR.

12. FINAL STATEMENTS

We reserve the right to adjust this data protection statement at any time, so that it always corresponds to the current legal requirements or in order for it to illustrate changes to the application process or the like. A new data protection statement will apply to future visits to this recruiting site or applications.

In addition to this data protection statement, you can view our general data protection statement at https://www.online-birds.com/en/privacy.

Processing of (personal) data by the operator of the recruitment website

General information

This recruitment website is operated by Personio SE & Co. KG, which offers a human resource and candidate management software solution (https://www.personio.com/legal-notice/). Data transmitted as part of your application will be transferred using TLS encryption and stored in a database. The sole controller of this data within the meaning of article 24 of the GDPR is the enterprise carrying out this online application process. Personio’s role is limited to operating the software and this recruitment website and, in this context, being a processor under article 28 of the GDPR. In this case, the processing by Personio is based on an agreement for the processing of orders between the controller and Personio. In addition, Personio SE & Co. KG processes further data, some of which may be personal data, to provide its services, in particular for operating this recruitment website. We will refer to this in more detail below.

The controller

The controller under data protection law is:
Personio SE & Co. KG
Seidlstraße 3
80335 München
Tel.: +49 (89) 1250 1004
Entry in the commercial register
Commercial register entry number: HRA 115934
Registration Court: Amtsgericht München
Data Protection Officer contact: privacy@personio.com

Access logs (“server logs”)

Each access to this recruitment website automatically causes general protocol data, so-called server logs, to be collected. As a rule, this data is a pseudonym and thus does not allow for inferences about the identity of an individual. Without this data, it would, in some cases, be technically impossible to deliver or display the contents of the software. In addition, processing this data is absolutely necessary under security aspects, in particular for access, input, transfer, and storage control. Furthermore, this anonymous information can be used for statistical purposes and for optimizing services and technology. In addition, the log files can be checked and analyzed retrospectively when unlawful use of the software is suspected. The legal basis for this is §25 subsection 2 Sentence 2 TDDDG. Generally, data such as the domain name of the website, the web browser and web-browser version, the operating system, the IP address, as well as the timestamp of the access to the software is collected. The scope of this log process does not exceed the common log scope of any other site on the web. These access logs are stored for a period of up to 7 days. There is no right to object to this.

Error logs

So-called error logs are generated for the purpose of identifying and fixing bugs. This is absolutely necessary to ensure we can react as quickly as possible to possible problems with displaying and implementing content (legitimate interest). As a rule, this data is a pseudonym and thus does not allow for inferences about the identity of an individual. The legal basis for this is §25 subsection 2 Sentence 2 TDDDG. When an error message occurs, general data such as the domain name of the website, the web browser and web-browser version, the operating system, the IP address, as well as the timestamp upon occurrence of the respective error message and/or specification is collected. These error logs are stored for a period of up to 7 days. There is no right to object to this.

Use of cookies

So-called cookies are used on parts of this recruitment website. They are small text files which are stored on the device with which you access this recruitment website. As a general rule, cookies serve the purpose of ensuring secure access to a website (“absolutely necessary”), implementing certain functionalities such as standard-language settings (“functional”), improving the user experience or the performance of the website (“performance”), or placing targeted advertisements (“marketing”). On this recruitment website, we generally use only cookies that are absolutely necessary, functional or performance-related, in particular for implementing certain default settings such as language, for identifying the job advertising channel, or for analyzing the performance of a job advert via which a user accessed this recruitment website. The use of cookies is absolutely necessary for providing our services and thus for the performance of the contract (article 6 (1) b) of the GDPR). Period of storage: up to 1 month or until the end of the browser session Right to object: You can determine via your browser settings whether you allow or object to the use of cookies. Please note that deactivating cookies may result in limited or completely blocked functionalities of this recruitment website.

Rights of data subjects

If Personio SE & Co. KG as the controller processes personal data, you as the data subject have certain rights under Chapter III of the EU General Data Protection Regulation (GDPR), depending on the legal basis and the purpose of the processing, in particular the right of access (article 15 of the GDPR) and the rights to rectification (article 16 of the GDPR), erasure (article 17 of the GDPR), restriction of processing (article 18 of the GDPR), and data portability (article 20 of the GDPR), as well as the right to object (article 21 of the GDPR). If the personal data is processed with your consent, you have the right to withdraw this consent under article 7 III of the GDPR. To assert your rights as a data subject in relation to the data processed for the purpose of operating this recruitment website, please refer to Personio SE & Co. KG’s Data Protection Officer (see item B).

Concluding provisions

Personio reserves the right to adjust this data privacy statement at any point in time to ensure that it is in line with the current legal requirements at all times, or in order to accommodate changes in the services offered, for example when new services are introduced. In this case, the new data privacy statement applies to any later visit of this recruitment website or any later job application.