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

onpier privacy policy

Information letter from onpier GmbH for applicants – How we handle your data and your rights – Information pursuant to Articles 13 and 21 of the GDPR



The following information is intended to give you an overview of how onpier GmbH processes your personal data. We also provide information about your rights under data protection law.



Who is the data controller?


The controller within the meaning of the GDPR is:


onpier GmbH
Uhlandstraße 3
80336 Munich

 

Email: datenschutz@onpier.de


You can contact our data protection officer at:

 

Data Protection Officer at onpier GmbH
c/o activeMind AG
Potsdamer Straße 3
80802 Munich

Tel.: +49 (0) 89 919294-900


Email: dsb@onpier.de



We process your data for the following purposes and on the following legal basis:


We process personal data in accordance with the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG):


1. Decision on the establishment of an employment relationship (Art. 6 (1) (b) GDPR)

We will process the data you provide exclusively for the purpose of evaluating and selecting suitable candidates and contacting you.


2. Within the framework of balancing interests (Art. 6 (1) (f) GDPR)

Where necessary, we process your data beyond the actual decision on the establishment of an employment relationship in order to protect our legitimate interests or those of third parties. Examples of such cases include:

  • Measures to protect employees and customers, as well as to protect the company's property and ensure building and facility security (e.g. access controls, locking systems, video surveillance) 

  • Assertion of legal claims and defence in legal disputes: the disclosure of personal data may be necessary in the context of official/judicial measures for the purposes of gathering evidence, criminal prosecution or the enforcement of civil law claims.


3. Due to legal requirements (Art. 6(1)(c) GDPR in conjunction with Section 26 BDSG)

We are subject to various legal obligations that entail data processing. These include, for example, the fulfilment of tax and similar control and reporting obligations.

Furthermore, the disclosure of personal data may be necessary in the context of official/judicial measures for the purposes of gathering evidence or enforcing civil law claims.



Who receives my data?


Within our company

Within the company, those departments that need your data to fulfil contractual, legal and regulatory obligations and to protect legitimate interests (e.g. human resources, management, future supervisor) will have access to it.


In the context of order processing

Service providers and vicarious agents employed by us may also receive data for these purposes, provided that they need the data to perform their respective services. These may be external service providers from the following areas: support or maintenance of EDP or IT applications and personnel management software. All service providers are contractually bound and, in particular, obliged to treat your data confidentially.

We use Personio SE & Co. KG as the operator of the recruitment site as part of the application process. On the recruitment site, additional data such as access and error logs are collected and, if consent has been given, cookies are also set. Further information on this can be found in the privacy policy on the application page.


Other recipients (third parties)

Data will only be passed on to recipients outside our company in compliance with the applicable data protection regulations. Personal data may be passed on to the following third parties, for example: external data protection officer, authorities in the event of an obligation to disclose data.



Is data transferred to a third country or to an international organisation?


Data is transferred to locations in countries outside the European Economic Area (so-called third countries) if

  • it is required by law (e.g. tax reporting obligations),

  • required for fulfilment of the contract with you,

  • you have given us your consent, or
  • this is legitimised by a legitimate interest under data protection law and there are no higher interests of the data subject that are worthy of protection.


Beyond this, we do not transfer any personal data to entities in third countries or international organisations. For certain tasks, we use service providers who may use sub-service providers that may have their registered office, parent company or data centers in a third country. A transfer is permitted if the European Commission has decided that an adequate level of protection exists in a third country (Art. 45 GDPR). If the Commission has not made such a decision, the companies or the service provider may only transfer personal data to service providers in a third country if appropriate safeguards are provided (standard contractual clauses adopted by the EU Commission or the supervisory authority in a specific procedure) and enforceable rights and effective remedies are available.

We have contractually agreed with our service providers that data protection guarantees must always be in place. This also applies to their contractual partners as well. We will provide you with a copy of these guarantees upon request.



How long will your data be stored?


If your application is rejected, your data will be deleted no later than six months after the decision has been announced. If an employment relationship is established, the application documents will be stored for at least the duration of your employment at onpier GmbH.



What data protection rights do I have?


Every data subject has the right to access under Article 15 of the GDPR, the right to rectification under Article 16 of the GDPR, the right to erasure under Article 17 of the GDPR, the right to restriction of processing under Article 18 of the GDPR, the right to object under Article 21 of the GDPR and the right to data portability under Article 20 of the GDPR. With regard to the right to information and the right to erasure, the restrictions pursuant to Sections 34 and 35 BDSG apply.

You may withdraw your consent to the processing of personal data at any time. Please note that the withdrawal is only effective for the future. Processing that took place before the withdrawal is not affected.

In addition, you have the right to lodge a complaint with a competent data protection supervisory authority (Art. 77 GDPR in conjunction with Section 19 BDSG). A list of supervisory authorities (for the non-public sector) with address can be found at:

https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html



Is there an obligation to provide data?


The provision of the aforementioned personal data is neither legally nor contractually required. However, it is not possible to process the application without this information.



To what extent is there automated decision-making or profiling?


We do not use fully automated decision-making in accordance with Article 22 of the GDPR for the establishment, implementation and termination of the employment relationship. If we use these procedures in individual cases, we will inform you separately about this and your rights in this regard, provided that this is required by law. We also do not process your data with the aim of automatically evaluating certain personal aspects.



Information about your right to object in individual cases pursuant to Article 21 GDPR


You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(f) GDPR (data processing based on a balancing of interests); this also applies to profiling based on this provision within the meaning of Article 4(4) GDPR.

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

The objection can be made informally with the subject line "Objection" via one of the above-mentioned contact channels.


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.