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

Information in accordance with Art. 13 GDPR for Applicants

Compliance with data protection regulations is a high priority for our company. We would like to inform you below about how we process your personal data:

Controller / Data protection officer:
The Earlybird company to which you apply for a job or submit an unsolicited application is responsible for processing your personal data for the applicant selection process. For certain processing of your data in connection with the implementation of the application process, Earlybird DWES Management GmbH & Co. KG, Earlybird Growth Management GmbH & Co. KG, Earlybird Health Management GmbH & Co. KG, Earlybird UNI-X Management GmbH & Co. KG, Earlybird VC Management GmbH & Co. KG and Earlybird Venture Capital Management GmbH & Co. KG are jointly responsible (Art. 26 GDPR). In this respect, we have established agreements as to which of us fulfils which obligations under data protection law. We are supported by our data protection officer in fulfilling our data protection obligations. The contact details are: datenschutz nord GmbH, Berlin-Charlottenburg branch, Kurfürstendamm 212, 10719 Berlin, office@datenschutz-nord.de.

Data we process:
As part of the application process, we ask you for personal data that is necessary for processing your application. These are in particular your contact data, such as your name and address, as well as all data related to the application, such as CV, certificates, qualifications, answers to questions, etc. If you submit an application for reimbursement of travel expenses, we also need your bank details. The legal basis for the processing of your data results from § 26 BDSG.
If you voluntarily provide us with additional personal data, we will process your data on the basis of your withdrawable consent in accordance with Art. 6 Para. 1 lit. a, Art. 7 GDPR in conjunction with § 26 Para. 2 BDSG.

Purpose of data processing:
The purpose of data processing is the applicant selection process.

Sources of the data:
We process the personal data that you provide us with during the application process.
Additionally, we might source data from other sources including external business partners, e.g. headhunters, and data published by job oriented social networks, e.g. LinkedIn.

Data deletion:
If there is no legal retention period, the data will be deleted as soon as storage is no longer necessary or the justified interest in storage has expired. If no recruitment takes place, this is usually the case no later than six months after completion of the application process. In individual cases, individual data may be stored for a longer period (e.g. travel expense accounting). The duration of the storage then depends on the legal storage obligations, e.g. by the tax code (six years) or the commercial code (ten years). Further storage of your data is also permitted if further processing is necessary for the assertion, exercise or defence of legal claims after we have weighed up our interests. If you have not been hired, but your application is still of interest to us, we will ask you if you consent to us keeping your application available for consideration with future job openings. This longer storage is based on your withdrawable consent in accordance with Art. 6 Para. 1 lit. a, Art. 7 GDPR in conjunction with § 26 Para. 2 BDSG. If you sign an employment contract, we will store your data for the duration of the employment relationship. In this case, you will receive further information about the processing of your data in the employment relationship as soon as you start the employment relationship with us.

Confidentiality of processing / Recipients of your data:
Your data will be treated confidentially in any case. Access is only granted to those persons who need it to fulfil their tasks. For the purpose of applicant selection, incoming applications may be forwarded to the respective Earlybird company/section to which the application is addressed or which can decide on the respective application. The legal basis for this forwarding is Art. 6 Para. 1 lit. f GDPR, based on our legitimate interest in ensuring that the applicant selection decision is made by the appropriate (more relevant) Earlybird company in each case. Recipients of your data may also be service providers that we use to provide our services in accordance with your instructions, e.g. in the areas of IT, application management (online application system) or communication (e-mail, video interviews) with you (so-called processing on behalf of the controller in accordance with Art. 28 GDPR). The servers of some of the service providers we use are located in the USA and other countries outside the European Union. Countries outside the European Union (third countries) handle the protection of personal data differently from countries within the European Union. There is currently no EU Commission decision that third countries generally offer an adequate level of protection. At present, secure transmission to the USA in particular is not completely possible. However, we have concluded the data protection agreement (EU standard contractual clauses) provided by the EU Commission for the processing of personal data in third countries with the corresponding processors in order to ensure the level of data protection as far as possible. You can request a copy of this data protection agreement at the contact details given above.

Your rights:
As a data subject, you have the right to be informed about the personal data concerning you (Art. 15 GDPR) as well as to correct incorrect data (Art. 16 GDPR). You also have the right to have your data deleted if one of the reasons stated in Art. 17 of the GDPR applies, e. g. if the data is no longer required for the purposes pursued. Furthermore, there is the right to restrict processing if one of the prerequisites specified in Art. 18 GDPR is fulfilled and, in the cases of Art. 20 GDPR, the right to data portability. If the processing of data is based on your consent, you are entitled to withdraw your consent to the use of your personal data at any time in accordance with Art. 7 GDPR. Please note that the withdrawal is only effective for the future. Processing that took place before the withdrawal is not affected. Please also note that, despite your withdrawal, we may have to retain certain data for a certain period of time in order to comply with legal requirements (see "Data deletion" in more detail).

Right to object
You shall have the right to object to the data processing, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Art. 6 Para. 1 lit. e or f GDPR, including profiling based on those provisions. We as the controller shall no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of you or for the establishment, exercise or defence of legal claims. Pursuant to Art. 77 GDPR, you have the right to lodge a complaint with a supervisory authority if you are of the opinion that the processing of data concerning you violates data protection provisions. The right to lodge a complaint may in particular be asserted before a supervisory authority in the member state of your place of residence, your place of work or the place of the alleged infringement.

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.