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

1. General information
This Privacy Statement explains how we process your personal data if you apply for a job with the Cartken GmbH by using our online application tool or other electronic means (e.g. e-mail). The Privacy Statement gives an overview on how we ensure data protection and on the type of data we collect and process as well as on the purposes and the legal basis of the collection and processing of your data. The processing of your personal data is carried out in accordance with the provisions of the EU General Data Protection Regulation (in the following: GDPR) and the German data protection law

2. The controller
The controller under data protection law is:

Cartken GmbH
St.-Martin-Straße 102,
81669 Munich
E-mail: info@cartken.com
Commercial register entry number: HRB 253710
Registration Court: Munich District Court

3. Personal data
Personal data means any information concerning the personal or material circumstances of an identified or identifiable individual. This includes information such as, for example, your name, address, telephone number and date of birth, but also data relating to your specific career by reference to which a specific individual can be identified with reasonable effort. However, information which cannot be (in)directly associated with your real-life identity is not personal data.

4. Fundamentals and purposes of processing personal data
If you apply to us electronically, i.e. via e-mail or using our online form, we will collect and process your personal data for the purpose of executing the application process and preparing employment contracts.
By submitting an application via our recruitment website or via e-mail, you express your interest in taking up work with us. In this context, you transmit personal data, which we will use and store exclusively for the purpose of your job search / application process.
In particular, the following data is collected during this process:

name (first and last names)
e-mail address
phone number
Expected salary (optional)
Available from
Current location (optional)
Desired location to work from
Relevant links (e.g. personal website, blog, or git hub page) (optional)
channel through which you found us

Furthermore, you can choose to upload expressive documents such as a cover letter, your CV and reference letters. These may contain additional personal data such as date of birth, address etc. In individual cases, special categories of personal data (e.g. information on severe disability) may be collected.

The relevant legal provision for the collection of personal data is article 6 (1) sentence 1 lit. b of the GDPR in conjunction with section 26 (1) of the German Federal Data Protection Act (BDSG). If the processing is necessary for the purposes of the legitimate interests of Cartken in the course of the application process and such an interest is not overridden by your interests or fundamental rights and freedoms, the legal provisions of article 6 (1) sentence 1 lit. f of the GDPR in conjunction with section 26 (1) of the German Federal Data Protection Act (BDSG) is also relevant for the processing. During the application process, we also process personal data that came from freely and publicly available sources legitimately. In case we collect data from social networks, this only includes occupation-oriented networks (e.g. Xing, LinkedIn). Networks that can be regarded as leisure-oriented are not included.

As far as special categories of personal data according to article 9 (1) of the GDPR are processed during the application process, this only happens to exercise specific rights or to carry out the legal obligations in the field of employment and social security and social protection law (e.g. providing information to the severely disabled persons’ representative, section 81 of Book IX of the German Social Code). The relevant legal provision for this is article 9 (2) lit. b of the GDPR in conjunction with section 26 (3) of the BDSG. In addition, the processing of special categories of personal data can also be based on a consent in accordance with article 9 (2) lit. a of the GDPR in conjunction with section 26 (3) of the BDSG. To the extent that the processing of your data is based on your consent, you have the right to withdraw your consent at any time with effect for the future.

In accordance with article 13 (2) of the GDPR we are obliged to inform you that you are not obliged to provide any of your data. However, we are not able to examine your application without your data.

5. Confidential handling of your data

Only authorized HR staff and/or staff involved in the application process have access to your data. We do not use entirely automated processing during the application process to reach a decision (profiling included).

6. Storage of personal data

The personal data is stored, as a rule, exclusively for the purpose of filling the vacancy for which you have applied or for the duration of the storage periods specified by the legislator. Your data will be stored for a period of 6 months after the application process has been concluded. This is usually done to fulfill legal requirements and/or defending ourselves against any claims arising from legal provisions. The storage periods of individual data (e.g. travel expenses) may be longer in individual cases. The duration of storage depends on the statutory retention obligations, for example as stated in the Fiscal Code of Germany (6 years) or the German Commercial Code (10 years). After this period, we are obligated to delete or anonymize your data. In case of anonymization, the data will only be available to us in the form of so-called metadata, without any direct personal reference, for statistical analysis (for example, share of male and/or female applicants, number of applications per specified period of time etc.).

We reserve the right to store your application for a longer period, if your application was successful and the entry date is not within the next 3 months. If you were not employed but - based on your profile - we believe that your application may be of interest for future vacancies, we will store your data for 24 months, provided that you explicitly agree to such storage and use.

To the extent that the storage and use of your data is based on your consent, you have the right to withdraw your consent at any time with effect for the future.

Should you be offered and accept a position with us during the application process, we will store the personal data collected as part of the application process for at least the duration of your employment.

7. Application via E-Mail

If you send personal data to us via e-mail, we will forward the personal data you provided to our processor, the Personio GmbH, using a TLS encryption in accordance with number 8 of this privacy statement. Your mail will be deleted automatically after fourteen days. In all other respects, the storage and erasure of the data that was forwarded shall be governed by the provision in number 6 of this privacy policy.

8. Disclosure of data to third parties

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.

9. Your rights

If we as the controller process 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),
the rights to rectification (article 16 of the GDPR) and erasure (article 17 of the GDPR),
the right to restrict processing (article 18 of the GDPR),
the right of data portability (article 20 of the GDPR),
as well as the right to object (article 21 of the GDPR).

You also have the right to lodge a complaint with a supervisory authority regarding the processing of your personal data by us (Article 77 GDPR). The responsibility for us lies with:

The Data Protection Authority of Bavaria (Bayerisches Landesamt für Datenschutzaufsicht - BayLDA)

https://www.lda.bayern.de/de/beschwerde.html

Information on your right to object in accordance with article 21 GDPR

You have the right to object to the processing of personal data that concerns yourself which is based on article 6 (1) sentence 1 lit. f GDPR (processing on the basis of a balance of interests) at any time and on grounds relating to your particular situation.

In case you object we shall 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.

10. Concluding provisions

We reserve 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 application process or other processes. In this case, the new data privacy statement applies to any later visit of this recruitment website or any later job application.

In addition to this data privacy statement, please view our general data privacy statement at https://www.cartken.com/privacy-policy.

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