DATA PROTECTION INFORMATION FOR APPLICANTS

Information on data protection regarding our processing of applicant data according to art. 13, 14 and 21 of the General Data Protection Regulation (GDPR)

M-Way Solutions GmbH

Dear Applicant,

Thank you for your interest in our company. In accordance with the provisions of articles 13, 14 and 21 of the General Data Protection Regulation (GDPR), we hereby inform you about the processing of personal data provided by you in the context of the application process and any personal data we may have collected, and your rights in this regard. In order to ensure that you are fully informed about the processing of your personal data within the application process, please take note of the following information.

PROCESSING (PERSONAL) DATA BY THE PERSON RESPONSIBLE OF THE ONLINE APPLICATION PROCEDURE

1 BODY RESPONSIBLE IN THE SENSE OF DATA PROTECTION LAW

M-Way Solutions GmbH
Daimlerstrasse 133
70372 Stuttgart
Germany
Phone: +49 711 2525460
E-mail: datenschutz@mway.io
Website: mway.io

2 CONTACT DETAILS OF OUR DATA PROTECTION OFFICER

PROLIANCE GmbH
Leopoldstr. 21
80802 Munich
E-mail: datenschutzbeauftragter@datenschutzexperte.de
Website: datenschutzexperte.de

When contacting the Data Protection Officer, please state the company to which your enquiry relates. Please refrain from enclosing sensitive information such as a copy of an identity card with your request.

3 PURPOSES AND LEGAL BASIS OF PROCESSING

We process your personal data in accordance with the provisions of the EuropeanGeneral Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG), insofar as this is necessary for the decision on the establishment of an employment relationship with us. The legal basis for this is art. 88 GDPR in conjunction with par. 26 BDSG for the purposes of the employment relationship, if this is necessary for the decision on the establishment of an employment relationship.

Furthermore, we may process personal data of you if this is necessary to fulfill legal obligations (art. 6 par. 1 sect. c GDPR) or to defend or assert legal claims. The legal basis is art. 6 par. 1 sect. f GDPR. The legitimate interest is, for example, a duty of proof in proceedings under the General Equal Treatment Act (AGG).

If you give us your express consent to process personal data for specific purposes, the lawfulness of this processing is based on your consent pursuant to art. 6 par. 1 sect. a GDPR. A granted consent can be revoked at any time with effect for the future (see item 9 of this data protection information).

In the event of an employment relationship between you and us, we may, in accordance with art. 88 GDPR in conjunction with art. 26 BDSG, further process the personal data already received from you for the purposes of the employment relationship, insofar as this is necessary for the implementation or termination of the employment relationship or for the exercise or fulfilment of the rights and obligations of employee representation arising from a law or a collective agreement, a works or service agreement (collective agreement).

4 CATEGORIES OF PERSONAL DATA

We only process data that is related to your application. This can be general personal data (name, address, contact details, etc.), information on your professional qualifications and schooling, information on further professional training and, if applicable, other data that you send us in connection with your application.

5 DATA SOURCES

We process personal data that we receive from you by post or email in the course of contacting you or applying for a job, or that you send us via job portals such as Xing, Stepstone, Indeed, Stack Overflow or via our career portal HeavenHR. If you apply for an open position or send us a speculative application via the application system on our website, you will only voluntarily submit personal data and information (first name, last name, e-mail address, telephone number, as well as any attachments such as CV, cover letter, etc.) when the application process is completed by clicking the “Send Application” button.

These transmitted data are transferred using SSL encryption and stored in an encrypted database, which is the responsibility of our company and is operated by a third-party company called HeavenHR GmbH (https://www.heavenhr.com/). With HeavenHR GmbH, which offers personnel administration and applicant management software and stores data exclusively on ISO-certified servers in Germany, we have concluded a corresponding data protection agreement in accordance with the relevant laws mentioned above. Responsible employees of our company can access the above-mentioned database in order to fill vacant positions with suitable candidates. You agree that any further communication with you, e.g. invitations to job interviews, will again be made from the personnel administration and applicant management software HeavenHR (no end-to-end encryption).

6 RECIPIENT OF THE DATA

Within our company, we only pass on your personal data to those areas and persons who need this data to fulfil contractual and legal obligations or to implement our legitimate interests.

Your personal data is processed on our behalf on the basis of commissioned processing contracts in accordance with art. 28 GDPR. In these cases we ensure that the processing of personal data is carried out in accordance with the provisions of the GDPR. The categories of recipients in this case are HR managers, teamleads and management, providers of internet services and providers of applicant management systems and
-software.

Otherwise, data will only be passed on to recipients outside the company if this is permitted or required by law, if the transfer is necessary to fulfil legal obligations or if we have your consent.

7 TRANSFER TO A THIRD COUNTRY

A transfer to a third country is not intended.

8 DURATION OF 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 will be deleted at the latest six months after the end of the application process (e.g. the announcement of the decision to reject your application), unless longer storage is legally required or permitted. Beyond that, we will only store your personal data to the extent required by law or in a specific case to assert, exercise or defend legal claims for the duration of a legal dispute.

In the event that you have consented to a longer storage of your personal data, we will store it in accordance with your declaration of consent.

If an employment, training or internship relationship arises following the application process, your data will continue to be stored for the time being, if necessary and permissible, and then transferred to the personnel file.

If applicable, you will receive an invitation to join our talent pool following the application process. This will allow us to consider you in our selection process for suitable vacancies in the future. If we have your consent, we will store your application data in our talent pool in accordance with your consent or, if applicable, future consent.

9 YOUR RIGHTS

Every data subject has the right of access under art. 15 GDPR, the right of rectification under art. 16 GDPR, the right of deletion under art. 17 GDPR, the right to limit processing under art. 18 GDPR, the right of communication under art. 19 GDPR and the right to data transferability under art. 20 GDPR.

In addition, you have the right of appeal to a data protection supervisory authority pursuant to art. 77 GDPR if you are of the opinion that the processing of your personal data is not lawful. The right of appeal is without prejudice to any other administrative or judicial remedy.

If the processing of data is based on your consent, you are entitled under art. 7 GDPR to revoke your consent to the use of your personal data at any time. Please note that the revocation is only effective for the future. This does not apply to processing that took place before the revocation. Please also note that we may have to retain certain data for a certain period of time to comply with legal requirements (see item 8 of this data protection information).

RIGHT TO OBJECT

Insofar as the processing of your personal data is carried out in accordance with art. 6 par. 1 letter f) GDPR to safeguard legitimate interests, you have the right, in accordance with art. 21 GDPR, to object to the processing of such data at any time for reasons arising from your particular situation. We will then no longer process this personal data unless we can prove compelling reasons for processing worthy of protection. These must outweigh your interests, rights and freedoms, or the processing must serve the assertion, exercise or defense of legal claims..

In order to protect your rights, you can contact us using the contact details given in section 1.

10 NECESSITY OF PROVIDING PERSONAL DATA

The provision of your personal data in the context of application processes is voluntary. However, we can only make a decision to establish an employment relationship with you or establish an employment relationship with you if you provide such personal data as is necessary for the application process.

11 AUTOMATED DECISION MAKING

The decision on your application is not based solely on automated processing. Therefore, no automated decision in individual cases in the sense of art. 22 GDPR takes place.

PROCESSING (PERSONAL) DATA BY THE OPERATOR OF THE RECRUITING PAGE

This recruiting site is operated by HeavenHR GmbH, a company based in Germany, which offers personnel administration and applicant management software (https://www.heavenhr.com/). The data submitted in the context of your application will be transmitted using TLS encryption and stored in a database. The company that carries out this online application procedure is solely responsible for this data in accordance with art. 24 GDPR. HeavenHR is only the operator of the software and this recruiting site and in this context is a processor according to art. 28 GDPR. The basis for processing by HeavenHR is a contract for order processing between the responsible body and HeavenHR. In addition, HeavenHR GmbH processes further data, some of which may also be personal data, in order to provide its services, especially for the operation of this recruiting site. This will be discussed in more detail below.

1 RESPONSIBLE POSITION IN TERMS OF DATA PROTECTION LAW

HeavenHR GmbH
Mittenwalder Str. 6
10961 Berlin
Phone: 030 / 555 743 990
Data protection officer: Mr. Sebastian Lux
datenschutz@heavenhr.de

2 ACCESS LOGS (“SERVER-LOGS”)

With every access to this recruiting page, general log data, so-called server logs, are automatically recorded. These data are usually pseudonyms and therefore do not allow any conclusions about a natural person. Without this data it would be technically partly impossible to deliver and display the contents of the software. In addition, the processing of this data is absolutely necessary for security reasons, especially for access, input, transfer and storage control. In addition, the anonymous information may be used for statistical purposes and for optimizing the offer and technology. In addition, the log files can be subsequently checked and evaluated if there is any suspicion of illegal use of the software. The legal basis for this can be found in § 15 para. 1 Telemediengesetz (TMG) as well as art. 6 par. 1 sect. f GDPR. In general, data such as the domain name of the website, the web browser and web browser version, the operating system, the IP address and the time stamp of access to the software are recorded. The scope of this logging does not exceed the usual scope of any other website on the Internet. The storage period of these access logs is up to 7 days. A right of objection does not exist.

3 ERROR LOGS

For the purpose of error identification and correction, so-called error logs are created. This is absolutely necessary in order to be able to react as quickly as possible to possible problems in the presentation and implementation of content (legitimate interest). These data are usually pseudonyms and therefore do not allow any conclusions about a natural person. The legal basis for this can be found in § 15 para. 1 TMG and art. 6 par. 1 sect. f GDPR. If 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 time stamp when the corresponding error message/specification occurs are recorded. The storage period of these error logs is up to 7 days. A right of objection does not exist.

4 USE OF COOKIES

Sometimes so-called cookies are used on this recruiting page. These are small text files which are stored on the device with which you access this recruiting page. Basically, cookies are used to ensure security when visiting a website (“absolutely necessary”), to implement certain functionalities such as standard language settings (“functional”), to improve the user experience or performance on the website (“performance”) or to display target group-based advertising (“marketing”). Only absolutely necessary, functional and performance cookies are used on this recruiting site, especially to implement certain pre-settings such as the language, to identify the application channel or to analyze the performance of a job advertisement through which a user has reached this recruiting site. The use of cookies is mandatory for the provision of our services and thus for the fulfilment of the contract (art. 6 par. 1 sect. b DS-GVO). Duration of storage: Up to 1 month or until the end of the browser session Right of objection: You can determine yourself via your browser settings whether you wish to allow cookies or object to the use of cookies. Please note that deactivating cookies may result in limited or completely disabled functionality of this recruiting site.

5 AFFECTED RIGHTS

If personal data is processed by HeavenHR GmbH as the responsible party, you as a data subject have certain rights from Chapter III of the EU Data Protection Regulation (GDPR), depending on the legal basis and purpose of the processing, in particular, if applicable, the right to information (art. 15 GDPR), the right to correction (art. 16 GDPR), the right to deletion (art. 17 GDPR), the right to limitation of processing (art. 18 GDPR), the right to data transferability (art. 20 GDPR), and the right to object (art. 21 GDPR). If the processing of personal data is based on your consent, you have the right to revoke this data protection consent in accordance with art. 7 par. 3 GDPR. Please contact the data protection officer of HeavenHR GmbH (see item B.) to assert your rights as a data subject with regard to the data processed for the operation of this recruiting site.