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

General information
Data protection and the protection of your personal data is very important to us. We comply with the data protection regulations and inform you below about the processing of your personal data within our application process.      

Controller
Responsible for the  processing of your personal data is   
  

Factory Works GmbH

Rheinsberger Str. 76/77

10115 Berlin

CEO: Stefan Krause

    

For queries, you can contact us at: legal@factoryberlin.com

      
Data protection officer
The contact details of the  data protection officer at Factory Works GmbH are as follows:  
  

Juliane Dannewitz

intersoft consulting services AG

Schöneberger Ufer 47

10785 Berlin

email: JDannewitz@intersoft-consulting.de

    

If you wish to discuss a confidential or sensitive matter, you can contact the  Data Protection Officer directly using these contact details.    


Please contact Factory Works GmbH at the address given in section 1 with any general queries or comments regarding data protection.


Purpose and legal basis of data processing 
Personal data may only be collected for specified,  explicit, and legitimate purposes. The purpose of collecting your personal data is to conduct your application procedure and to decide whether to enter into an employment relationship with you. We will therefore only use your applicant data for the purpose of conducting your application procedure. The legal basis for this data processing results from Section 26 BDSG in conjunction with  Article 88 GDPR.      

Categories of  personal data and their source
For the purpose of conducting the application procedure described above under Chapter III, we require some data from you, which we subsequently store, process, and use for the purpose of conducting your application procedure. These are the following data:    
  • name  and surname,     
  • date  of birth,     
  • address,      
  • phone  number,     
  • e-mail-address,      
  • data on your qualifications, professional experience,  and training contained in the application documents you send us.
You  are not obliged to provide us with your data. Nevertheless, your application may not be successful if you do not provide us with the data required for the application process.

Exceptionally, we may receive data from headhunters or professional networks such as Xing or LinkedIn.      

Basis of the provision of your data
The provision of your data is necessary for a possible conclusion of a  contract with us. You are not legally or contractually obliged to transmit your data to us. As we require information about you in our application process, the possible consequence of not providing it is that we are unable to give you sufficient consideration as an applicant.      

Transfer of your data to third parties
During the application process, your data will also be processed by

  • Personio GmbH
We use the Personio GmbH tool (headquartered in  Germany) to manage applicant data and recruitment. If you submit your application via the Personio portal, Personio GmbH collects the following additional information: Access logs ("server logs") and Error logs. Personio  GmbH is solely responsible for this. We have concluded a data processing agreement (DPA) with the service provider in accordance with Art. 28 GDPR.  Further information on data protection can be  found in the following link: https://www.personio.de/datenschutz/ 

  • Zoom Video Communications, Inc
We use the video conference tool from Zoom (company headquarters in the USA) for online job interviews. Due to the company's  headquarters, it cannot be guaranteed that data will not be transferred to the  USA. We have concluded a data processing agreement (DPA) with the service provider in accordance with Art. 28 GDPR as well as the EU standard contractual clauses. Further information on data protection can be found in the following  link: https://zoom.us/de-de/privacy.html

  • Google  Ireland Limited
We use the G-Suit from Google Ireland  Limited (head office in Ireland). If you communicate with us via email, your  name, email address, Google account information (if applicable), and the shared  email content are processed via the service provider. Google Ireland Limited is part of the Google LLC group, whose headquarters are in the USA. This means that it cannot be guaranteed that data will not be transferred to the USA. We  have concluded a data processing agreement (DPA) with the service provider in  accordance with 
Art. 28 GDPR as well as the EU standard contractual clauses. Further information on data protection can be found at the following link: https://policies.google.com/privacy?hl=de&fg=1       

How long will your data be stored?
We store your personal data upon receipt of your application. If we accept your application and an employment relationship is established, we will store your applicant data for as long as it is required for the employment relationship and to the extent that legal regulations justify an obligation to store it. If we reject your application, we store your applicant data for a maximum of six months after the rejection of your  application, unless you give us your consent to store it for a longer period.      

Your rights as a data subject

1. General  rights
You have the right of access, the right to rectification, the right to erasure, the right to restriction of processing, the right to object, and the right to data  portability. Where processing is based on your consent, you have the right to  withdraw such consent with effect for the future. The lawfulness of the processing carried out until the revocation remains unaffected.

2. Right to object in the event of data processing   for legitimate interest
Pursuant to Art. 21 para. 1 GDPR, you have the right to object at any time to the processing of personal data concerning you on the basis of Art. 6 para.1 lit. e GDPR (data processing in the public interest) or Article 6  para.1 lit. f GDPR (data processing to protect a legitimate interest), this also applies to profiling based on this provision. In the event of your objection, we will no longer process your personal data unless we can prove compelling grounds for processing that outweigh your interests, rights, and freedoms, or the processing serves to assert, exercise, or defend legal claims. 

3. Right to object to direct marketing
If we process your personal data for direct marketing purposes, you have the right pursuant to  Art. 21 para. 2 GDPR to object at any time to the processing of personal data concerning you for the purpose of such advertising, this also applies to profiling insofar as it is associated with such direct marketing. In the event of your objection to processing for direct marketing purposes, we will no longer process your personal data for these purposes.

4. Right to complain to a supervisory authority
In addition, you  have the right to complain to a competent data protection supervisory authority.  The responsible supervisory authority is the Data Protection  and Freedom of Information Commissioner of the State of Berlin.

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.