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

YOUR PERSONAL DATA IN THE APPLICATION PROCESS

Information on data protection

We are pleased that you would like to apply to For Sale Digital. Transparency and the trustworthy handling of your personal data are an important basis for good cooperation. We therefore inform you about how we process your data and how you can exercise the rights to which you are entitled under the General Data Protection Regulation (GDPR). The following information provides you with an overview of the collection and processing of your personal data in connection with the application process. Please read this privacy policy carefully before applying to us.

General information

a) Who is responsible for data processing?
The controller within the meaning of Art. 4 No. 7 GDPR is:
For Sale Digital Internet-Agentur GmbH
Lange Reihe 29
20099 Hamburg
b) How can you contact the Data Protection Officer?
For questions relating to data protection, you can contact us by email at datenschutz@for-sale-digital.de
What is personal data?
Personal data means, pursuant to Art. 4 No. 1 GDPR, any information relating to an identified or identifiable natural person.

Which data is used?

The following data or categories of data are processed for the purpose of carrying out the application process:
Applicant master data (first name, surname, title, email address, telephone number, address, date of birth, nationality)
Qualification data (cover letter, letter of motivation, CV, previous professional activities, professional qualifications and skills)
Voluntary information, such as an application photo, information regarding severe disability status or other information that you voluntarily provide to us in your application or voluntarily upload
Additional questions depending on the respective job advertisement (e.g. driving licence, nationality)
Communication between you and us, as well as comments and evaluations written about you during your application process
Further data/categories of data, e.g. publicly accessible, job-related data, such as a profile on professional social media networks such as XING or LinkedIn
Special categories of personal data: If you provide information in your application documents that contains special categories of personal data within the meaning of Art. 9 para. 1 GDPR (e.g. information that allows conclusions to be drawn about your sexual orientation; information about your health; information that allows conclusions to be drawn about your ethnic origin or religion), we will also process this data only within the legally permissible framework.

For what purposes do we process your data and on what legal basis?

a) Data processing for purposes of the employment relationship – Section 26 BDSG
Your personal data is processed for the purpose of personnel selection to fill vacant positions, i.e. to initiate an employment contract. The necessity and scope of data collection are assessed, among other things, according to the position to be filled. If the position you are applying for involves particularly confidential tasks, increased personnel and/or financial responsibility, or is linked to certain physical and health requirements, more extensive data collection may be necessary. The legal basis is Section 26 para. 1 of the German Federal Data Protection Act (BDSG).
b) Consent – Art. 6 para. 1 lit. a and Art. 9 para. 2 lit. a GDPR, Section 26 para. 2 BDSG
If you have given us voluntary consent to process certain personal data, this consent forms the legal basis for processing this data.
In the following cases, we process your personal data on the basis of consent given by you:
Inclusion in the applicant pool, i.e. we store the application documents beyond the current application process in order to consider you in future application processes.
Inclusion in a freelancer pool, i.e. we store the profile data beyond a specific booking in order to have the possibility of making further enquiries.
Where we base data processing on your consent, you have the right to withdraw your consent at any time with effect for the future. Please send your withdrawal preferably by email to datenschutz@for-sale-digital.de. The lawfulness of the processing of your data up to the time of withdrawal remains unaffected.
c) Data processing on the basis of legitimate interest – Art. 6 para. 1 lit. f GDPR
In certain cases, we process your data in order to safeguard our legitimate interests or those of third parties. A legitimate interest exists, for example, if your data is required for the establishment, exercise or defence of legal claims within the application process (e.g. claims under the German General Equal Treatment Act). In the event of a legal dispute, we have a legitimate interest in processing the data for evidentiary purposes.

To whom is your data disclosed?

Your data is mainly processed by our HR department. However, in some cases other internal and external bodies are also involved in processing your data.
Internal bodies may include specialist areas or departments within our company.
The data submitted as part of your application is transmitted using TLS encryption and stored in a database. This database is operated by Personio GmbH, which provides HR administration and applicant management software (https://www.personio.de/impressum/). In this context, Personio is our processor pursuant to Art. 28 GDPR. The basis for the processing is a data processing agreement between us as the controller and Personio.

How long is your data stored?

We store your personal data for as long as this is necessary to make a decision about your application. If no employment relationship is established between you and us, we may continue to store data insofar as this is necessary to defend against potential legal claims. As a rule, your data will be deleted within six months after the end of the application process.
If no employment relationship is established, but you have given us your consent to store your data for a longer period (“applicant pool”), we will store your data until you withdraw your consent, but for no longer than one additional year. Where there is a specific reason, we may also store your data for a longer period for the purpose of defending against potential legal claims.
If you withdraw your application before the application process has ended, i.e. delete your data and your account, the stored data will be blocked for the duration of the ongoing application process and permanently deleted after six months following the end of the application process.
If you no longer use your candidate profile and have not given consent to longer data storage in the applicant pool, the data will be deleted within six months after the end of the application process.
You yourself can delete your candidate profile and your application documents at any time, submit a deletion request or have processing restricted.
What rights do you have in connection with the processing of your data?
You can request information as to whether we have stored personal data about you. If you wish, we will inform you which data this concerns, for what purposes the data is processed, to whom this data is disclosed, how long the data is stored and what further rights you have in relation to this data.
In addition, you have the right to rectification or deletion of your data. You may also request that we provide all personal data that you have made available to us in a structured, commonly used and machine-readable format, either to you or to a person or company of your choice.
You also have the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning you. As part of the application process, we do not use any exclusively automated processing procedures for decision-making.
You also have the right, on grounds relating to your particular situation, to object at any time to the processing of personal data concerning you that is carried out on the basis of Art. 6 para. 1 lit. e GDPR (data processing in the public interest) or on the basis of Art. 6 para. 1 lit. f GDPR (data processing to safeguard a legitimate interest); this also applies to profiling based on these provisions. In the event of your objection, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the establishment, exercise or defence of legal claims.
Furthermore, you have the right to lodge a complaint with the competent data protection supervisory authority.
To exercise your rights, you can contact us by email at datenschutz@for-sale-digital.de. We will process your requests promptly and in accordance with the statutory requirements and inform you which measures we have taken or will take.
Is there an obligation to provide your personal data?
The provision of personal data is neither legally nor contractually required, nor are you obliged to provide the personal data. However, the provision of personal data is necessary for carrying out the application process. This means that if you do not provide us with any personal data when applying, we will not be able to carry out the application process.

What happens if you interrupt your online application?

You can interrupt the creation of your online application at any time and continue it at a later date. For this purpose, technically necessary cookies are used on the platform. During the application process, data is transferred to jobbase.io. This means that the data you provide to create the user account, as well as uploaded documents, are recorded in Personio. The data remains recorded even if you interrupt and/or do not complete an application. In this case, your application is marked as incomplete and the data remains visible to our company on a restricted basis.
You can view, edit or update the data you provided as part of the online application in your candidate profile at any time.
If you do not make any further changes in your candidate profile, for example complete an ongoing application, start a new application or change the data of an existing application, your data will be deleted within six months after the end of the last active application process.
You yourself can submit a deletion request for your candidate profile and your application documents at any time. After the deletion request has been submitted, you will be informed of the exact deletion date and your data will be deleted automatically in accordance with the conditions set out in this privacy policy.

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.