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Privacy policy –Applicants

Status: 21/06/2021

Information about the data protection in the processing of applicant data in accordance with Art. 13, 14, and 21 of the General Data Protection Regulation (GDPR)              

General information

Preamble

Dear visitor, applicant, contractual partner, interested party,

in accordance with the specifications of Art. 13, 14, and 21 of the General Data Protection Regulation (GDPR), we hereby inform you about the processing of your personal data as well as your associated data protection rights. Which data is processed individually and used in a certain fashion is based substantially on the requested or agreed-upon services. In order to guarantee that you are informed to the full extent about the processing of your personal data in the framework of the fulfillment of a contract or the carrying out of precontractual measures, please take into account the following information.

Responsible party

Company:                                awork GmbH

Street no.:                                Großer Burstah 36/38

Postal code, City, Country:   20457 Hamburg, Germany

Trade register no.:                 HRB Hamburg 172 488

Manager:                               Daniel Tobias Hagenau, Nils Lukas Czernig, Lucas Alexander Bauche

Phone number:                     +49 40 88215330

Email address:                       [email protected]

Data protection officer

Company:                             PROLIANCE GmbH

Street no.:                             Leopoldstr. 21

Postal code, city, country:  80802 Munich, Germany

Email address:                     [email protected]

Website:                                www.datenschutzexperte.de

General information

We process your personal data in line with the provisions of the European General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Insofar as personal data is required for the initiation or carrying out of a contractual relationship or in the course of the carrying out of precontractual measures, a processing according to Art. 6 Par. 1 let. b GDPR is legal.

If you grant us an exclusive consent for the processing of personal data for certain purposes (e.g. transfer to third parties, evaluation for marketing purposes or promotional addresses by email), the legality for this processing is given on the basis of your consent in accordance with Art. 6 Par. 1 let. a GDPR. A granted consent can be revoked at any time with effectiveness for the future.

As far as is necessary and legally permissible, we will process your data for the actual contractual purposes for the fulfillment of legal obligations in accordance with Art. 6 Par. 1 let. c GDPR. Furthermore, a processing takes place if necessary for the protection of authorized interests by us or by third parties as well as the defense and assertion of legal claims in accordance with Art. 6 Par. 1 let. f GDPR. If necessary, we will inform you separately specifying the authorized interest, insofar as this is legally prescribed.

Your rights

In the following you will find information on which rights of affected persons the valid data protection right grants you toward the responsible party with regard to the processing of your personal data:

The right, in accordance with Art. 15 GDPR, to demand information about your personal data which we are processing. In particular, you can demand information about the purposes of the processing, the category of personal data, the categories of receivers toward whom your data was or is disclosed, the planned storage length, the existing of a right to correction, deletion, limitation of the processing or contradiction, the existence of a right to appeal, the origin of your data insofar as this was not levied by us, as well as about the existence of an automated decision-making including profiling and if necessary meaningful information on their particulars.

The right, in accordance with Art. 16 GDPR, to demand immediately the correction of incorrect or the completion of your personal data stored by us.

The right, in accordance with Art. 17 GDPR, to demand the deletion of your personal data stored with us, insofar as the processing is not necessary for the exercise of the right to a free expression of opinion and information on the fulfillment of a legal obligation for reasons of public interest or for the assertion, exercise, or defense of legal claims.

The right, in accordance with Art. 18 GDPR, to demand the limitation of the processing of your personal data, insofar as the accuracy of the data is contested by you, the processing is illegal, but you reject its deletion and we no longer need the data, but you need this for the assertion, exercise, or defense of legal claims, or you have filed an objection against the processing in accordance with Art. 21 GDPR.

The right, in accordance with Art. 20 GDPR, to receive the personal data which you have provided to us in a structured, common, and machine-readable format, or to demand the transfer to another responsible party.

The right, in accordance with Art. 77 GDPR, to lodge a complaint with a supervisory authority. In general, for this you can turn to the supervisory authority of the federal state of our above-named seat or if necessary to our usual residence or place of work.

The right to revocation of granted approvals in accordance with Art. 7 Par. 3 GDPR: You have the right to revoke a once-issued approval in the processing of data at any time with effect for the future. In the case of revocation, we will immediately delete the affected data, insofar as a further processing cannot be supported on a legal basis of processing without approval. Through revocation of approval, the legality of the processing that has taken place based on the approval until its revocation is not affected.

Right of appeal

Insofar as your personal data is processed by us on the basis of authorized interest in accordance with Art. 6 Par. 1 S. 1 let. f GDPR, in accordance with Art. 21 GDPR, you have the right to introduce an objection against the processing of your personal data, insofar as this takes place for reasons that result from your particular situation. Insofar as your objection against the processing of personal data is oriented toward the purposes of direct advertising, you have a general right of appeal without the requirement of indicating a special situation.

If you would like to make use of your right to revocation or objection, an email to the above-listed contact address is sufficient.

Automated decisions in accordance with Art. 22 GDPR

The affected person has the right to not be subjected to a decision resting exclusively on an automated processing – including profiling – that opens him up to legal effect or influences him substantially in a similar fashion.

This does not apply if the decision

  1. is necessary for the conclusion or the fulfillment of an agreement between the affected person and us,
  2. is permitted based on legal specifications of the union or member states to which we are subject and these legal specifications contain appropriate measures for the safeguarding of the rights and freedoms as well as the authorized interests of the affected person or
  3. takes place with the express approval of the affected person.

These decisions may not rest on special categories of personal data in accordance with Art. 9 Par. 1 GDPR, insofar as Art. 9 Par. 2 let. a or g GDPR does not apply and appropriate measures for the protection of the rights and freedoms as well as authorized interests of affected parties have been met.

In the cases named under Figures a) and c) we reach appropriate measures to preserve the rights and freedoms as well as the authorized interests of the affected person, whereby at least the right exists to the obtaining of the intervention of a person on our side, to the explanation of their own position, and the challenge of the decision.

Legal obligations

The provision of personal data for the decision about a contractual conclusion, the fulfillment of the contract or carrying out of precontractual measures takes place voluntarily. We can however only make the decision in the course of contractual measures, insofar as they indicate such personal data that are necessary for the conclusion of the contract, the fulfillment of the contract, or precontractual measures.

Right of modification

We reserve the right to adjust or to update this data protection declaration if necessary considering the valid data protection regulations. In this way, we can adjust the current legal requirements and take into account changes to our services, e.g. in the introduction of the new services. The respectively most current version always applies for your concerns.

Purposes and legal bases of the processing

We process your personal data in line with the provisions of the European General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG), insofar as this is necessary for the decision about the founding of an employment relationship with us. The legal ground for this is Art. 88 GDPR in connection with § 26 BDSG for purposes of the employment relationship, if this is necessary for the decision about the founding of an employment relationship.

Furthermore, we can process personal data from you insofar as this is necessary for the fulfillment of legal obligations (Art. 6 Par. 1 let. c GDPR) or for the defense or enforcement of legal claims. The legal basis for this is Art. 6 Par. 1 let. f GDPR. The authorized interest is for example a burden of proof in a procedure following the General Equal Treatment Act (AGG).

If you grant to us an exclusive consent for the processing of personal data for certain purposes, the legality of this process is given on the basis of your consent in accordance with Art. 6 Par. 1 let. a GDPR. A granted consent can be revoked at any time with effect for the future.

If there is an employment relationship between you and us, we can further process the personal data already received from you for purposes of the employment relationship in accordance with Art. 88 GDPR in connection with § 26 BDSG, insofar as this is necessary for the carrying out or ending of the employment relationship or for the exercise or fulfillment of the rights and obligations of the representation of interest of the employee arising from a law or a fee contract, an operational or service agreement (collective agreement).

Categories of personal data

We process only such data as we received transferred to us in the course of the establishment of contact or the application by mail, by email, or via the application portal used by us and that is in connection with the application.

This can be general data on your person (name, address, contact data, etc.), information on your professional qualification and school training, information on your professional further advancement as well as, if necessary, further data that we receive in connection with the application.

In the use of our application template which we offer on our website for the transmission of your application, we use the service Typeform. In addition to application information, this collects still further data in connection with the service usage, such as, for example, your IP address.

Necessity for the provision of personal data

The provision of personal data in the course of the application processes is done voluntarily. We can however only make a decision on the founding of an employment relationship or found an employment relationship insofar as you provide such personal data that is necessary for the carrying out of the application.

Recipient of the data

We forward your personal data within our company only to the areas and persons who require this data for the fulfillment of contractual and legal obligations or for the implementation of our authorized interest.

In the use of our application template, the sent data is processed by the service Typeform in our order for the provision of the templates with the respective input boxes that are queried for the application.

Typeform SL

Carrer Bac de Roda, 163

08018 Barcelona, Spain

Data protection declaration: https://admin.typeform.com/to/dwk6gt

If with your consent we retain your application in a talent pool, we will store it in our internally used knowledge-management system Notion.

Notion Labs, Inc.

548 Market St

San Francisco, CA 94104

Data protection declaration: https://www.notion.so/Privacy-Policy-3468d120cf614d4c9014c09f6adc9091

Notion Labs meets a sufficient level of protection and we have concluded a contract with Notion Labs with so-called standard contractual clauses, in which they are obligated to process user data only in correspondence with our instructions and upholding the EU data protection level.

Length of the data storage

We store your personal data as long as this is necessary for the decision about your application. Your personal data or application documents are deleted at the latest six months after the ending of the application procedure (e.g. announcement of the cancellation decision), insofar as a longer storage is not legally necessary or permissible. Moreover, we store your personal data only insofar as this is necessary legally or in a concrete case for the enforcement, exercise, or defense of legal claims for the length of a legal dispute.

For the case in which you have agreed to a longer storage of your personal data, we will store this according to your declaration of consent.

If in the end it comes in the application procedure to an employment, a training, or a trainee relationship, your data will first furthermore be stored and finally transferred to your personal file as far as is necessary and permitted.

If necessary, you will receive in conclusion to the application procedure an invitation to admission in our talent pool. This allows us to take you into account even in the future with suitable vacancies in our applicant selection. If we have a corresponding consent on your part, we will store your applicant data in our talent pool according to the consent or if necessary future consents in. You have the possibility to thus revoke the consent and thus the storage at any time via [email protected].