Information on the processing of personal data for applicants pursuant to Art. 13, 14 and 21 GDPR
Dear applicants,
We are very pleased that you are interested in our company. With this letter, we would like to inform you about how we process your applicant data and what rights you have in this context. In doing so, we are complying with the information requirements set out in Articles 13, 14 and 21 of the General Data Protection Regulation (GDPR). If you have applied via our website, the data protection declaration stored there is authoritative for all steps taken via the website.
Controller and contact
We are the controller for the processing of your personal data and are therefore the first point of contact for any data protection concerns:
Company: NexWafe GmbH
Address: Hans-Bunte-Strasse 19, 79108 Freiburg, Germany
Phone: +49 761 766 11 86-00
E-mail: info@nexwafe.com
In addition, you can also contact our data protection officer directly with your request:
Alexander Hönsch
WS Datenschutz GmbH
Dircksenstrasse 51
10178 Berlin
Phone: 030 88 72 07 88
E-mail: nexwafe@ws-datenschutz.de
What data do we process?
If you apply for a job at our company, we will only process the data that you have provided to us as part of the application. In general, we process your contact data (surname, first name, e-mail address) and personal information resulting from the cover letter and CV (application data), as well as any certificates of qualification and employment references.
Is there an obligation for me to provide data
There is no legal or contractual obligation to provide data. As part of your application, you should only provide the personal data that is required for the acceptance and execution of the application. Without this data, however, we will have to reject your inclusion in the application process.
For what purpose do we process your personal data?
We process your data in order to check your suitability for the advertised position or, if applicable, another vacant position in our company and to carry out the application procedure.
On what legal basis do we base the processing of your personal data?
The legal basis for the processing of your personal data in this application procedure is Art. 88 GDPR in conjunction with. § 26 BDSG. According to this, the processing of data required in connection with the decision on the establishment of an employment relationship is permissible.
In particular, data that we process beyond the application process is usually processed on the basis of Art. 6 para.1 s.1 lit. c) GDPR. This is the case if we are legally obliged to further process your data, e.g. for reasons of tax law (e.g. reimbursement of travel expenses).
To which recipients do we pass on the data?
After receiving your application, your applicant data will be reviewed by the HR department and the relevant managers. Suitable applications are then forwarded internally to the department managers for the respective open position. In principle, only those persons in the company have access to your data who need this for the proper course of our application procedure.
Data transmitted as part of your application will be transferred using TLS encryption and stored in a database. This database is operated by Personio GmbH, which offers a human resource and applicant management software solution (https://www.personio.com/legal-notice/). In this context, Personio is our processor under article 28 of the GDPR. In this case, the processing is based on an agreement for the processing of orders between us as the controller and Personio.
How long will the data be stored?
Data from your application will be erased after a period of 6 months at the latest in the event of rejection. Of course, you can also withdraw your application and we will erasure your personal data immediately, provided that no legal retention periods prevent the erasure.
If you consent to longer-term storage in our applicant pool, the storage period agreed with you applies. This is usually 2 years.
If you are hired, we will save your application documents and transfer them to your personnel file.
Will my data be transferred to a third country?
In general, your applicant data is not transferred to a third country. Exceptionally, this may be the case with certain programmes if we use them for applicant administration.
What data protection rights do I have?
Your rights arise from Art. 15 et seq. GDPR. Among other things, you have:
- a right to information according to Art. 15 GDPR
- a right to rectify your personal data in accordance with Art. 16 GDPR
- a right to erasure Art. 17 GDPR
- a right to restriction of processing pursuant to Art. 18 GDPR
- as well as a right to data portability according to Art. 20 GDPR
According to Art. 21 GDPR, you also have the right to object to the processing, which gives you the opportunity to object to the data processing pursuant to Art. 6 para.1 s.1 lit. f) GDPR (legitimate interest). However, the personal data will only no longer be processed if we cannot demonstrate any grounds for processing worthy of protection that outweigh your interests in rights and freedoms. Notwithstanding the above, you always have the option to complain to the competent data protection supervisory authority (Art. 77 GDPR in conjunction with § 19 BDSG) or to seek judicial remedy (Art. 78 GDPR).
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.