Processing of (personal) data by the entity in charge of the online application process
I) DATA PROTECTION INFORMATION FOR APPLICANTS
II) DATA PROTECTION INFORMATION FOR PARTICIPANTS IN THE SELECTION PROCESS FOR A FREELANCER ENGAGEMENT
I) DATA PROTECTION INFORMATION FOR APPLICANTS
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 as part of the application process and, if applicable, collected by us, and your rights in this regard. 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.
(Information on data protection regarding our processing of data according to Art. 13, 14 and 21 of the General Data Protection Regulation (GDPR))
1. RESPONSIBLE INSTANCE UNDER DATA PROTECTION LAW
Responsible for the processing of your data under GDPR is:
Kiron Digital Learning Solutions GmbH
℅ Impact Hub Berlin
Rollbergstr. 28A
12053 Berlin, Germany
support@kiron.digital
http://www.kiron.digital
You can contact our data protection officer as follows:
PROLIANCE GmbH
Leopoldstr. 21
80802 Munich, Germany
datenschutzbeauftragter@datenschutzexperte.de
3. PURPOSE AND LEGAL BASIS OF DATA PROCESSING
We process your personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG), to the extent necessary for the decision to establish an employment with us. The legal basis for processing your personal data is Article 88 of the GDPR in combination with Section 26 of the German Federal Data Protection Act (BDSG) for purposes of the employment, if this is necessary for the decision on the establishment of an employment.
Furthermore, we may process your personal data if this is necessary for the fulfillment of legal obligations (Art. 6 para. 1 (c) GDPR) or for the defense or assertion of legal claims. The legal basis for this is Art. 6 para. 1 (f) GDPR. The legitimate interest is, for example, a duty to provide evidence in proceedings under the General Act on Equal Treatment (AGG).
If you give us explicit consent to process personal data for specific purposes, the lawfulness of this processing is based on your consent in accordance with Art. 6 para.1 (a) of the GDPR, Section 26 para. 2 of the German Federal Data Protection Act (BDSG). Consent given can be withdrawn at any time with effect for the future (see section 9 of this privacy notice).
If an employment relationship arises between you and us, we may, in accordance with Article 88 of the GDPR in conjunction with Section 26 of the German Federal Data Protection Act (BDSG), further process the personal data already received from you for the purposes of the employment, insofar as this is necessary for the implementation or termination of the employment or for the exercise or fulfilment of the rights and obligations of the employee representative body resulting from a law or a collective agreement, a company or service agreement (collective agreement).
4. CATEGORIES OF PERSONAL DATA
We only process data that is related to your application. This may be general personal data (name, address, contact details, etc.), information on your professional qualifications and school education, information on further professional training and, if applicable, other data that you provide to us in connection with your application.
5. PURPOSE AND LEGAL BASIS OF DATA PROCESSING
We process your personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG), to the extent necessary for the decision to establish an employment with us. The legal basis for processing your personal data is Article 88 of the GDPR in combination with Section 26 of the German Federal Data Protection Act (BDSG) for purposes of the employment, if this is necessary for the decision on the establishment of an employment.
Furthermore, we may process your personal data if this is necessary for the fulfillment of legal obligations (Art. 6 para. 1 (c) GDPR) or for the defense or assertion of legal claims. The legal basis for this is Art. 6 para. 1 (f) GDPR. The legitimate interest is, for example, a duty to provide evidence in proceedings under the General Act on Equal Treatment (AGG).
If you give us explicit consent to process personal data for specific purposes, the lawfulness of this processing is based on your consent in accordance with Art. 6 para.1 (a) of the GDPR, Section 26 para. 2 of the German Federal Data Protection Act (BDSG). Consent given can be withdrawn at any time with effect for the future (see section 9 of this privacy notice).
If an employment relationship arises between you and us, we may, in accordance with Article 88 of the GDPR in conjunction with Section 26 of the German Federal Data Protection Act (BDSG), further process the personal data already received from you for the purposes of the employment, insofar as this is necessary for the implementation or termination of the employment or for the exercise or fulfilment of the rights and obligations of the employee representative body resulting from a law or a collective agreement, a company or service agreement (collective agreement).
6. CATEGORIES OF PERSONAL DATA
We only process data that is related to your application. This may be general personal data (name, address, contact details, etc.), information on your professional qualifications and school education, information on further professional training and, if applicable, other data that you provide to us in connection with your application.
7. SOURCE OF DATA
We process personal data that we receive from you through the application management tool of the plattform Personio in the course of contacting you or in the context of your application, or which you send to us via the platform Join, a service of Join GmbH, Klausenerstraße 10a, 39112 Magdeburg, Germany.
We may also view and process data that are published on your profile on the social media platform LinkedIn, as far as your profile is made available to the public and/or to recruiters.
8. RECIPIENTS OF DATAWe only pass on your personal data within our company to those areas and persons who need this data to fulfill contractual and legal obligations or to implement our legitimate interests (e.g. HR department).
We transmit your personal data to selected employees of the HR department of our 100% shareholder Kiron Open Higher Education gGmbH, for the purposes of managing the application process, as far as this is permitted within the scope of the purposes and legal bases set out in section 3 of this data protection information sheet.
Your personal data is processed on our behalf on the basis of Data processing agreements in accordance with Art. 28 of the 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 our shareholder, Kiron Open Higher Education gGmbH, Internet service providers and providers of applicant management systems and software. We use Personio as applications management tool. Kiron Open Higher Education gGmbH has signed with Personio a data processing agreement. Personio stores data on certified servers based in the EU. You can find more information about Personio and how it processes data here:
www.personio.com/privacy-policy
After receipt of the application we will carry out communication with applicants mainly per e-mail. Our e-mail address kiron.digital, as well as the e-mail address of our shareholder Kiron Open Higher Education gGmbH, kiron.ngo, is provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). All information and data you choose to share with us by E-mail is processed automatically by Google in one of their secure data centers.
In the event that you will be invited to an online interview in the context of the application process, we will use GoogleMeet, a video conferencing system also provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google").
More information:
https://support.google.com/meet/answer/10400210?hl=en&ref_topic=14074547&sjid=1603810317046323182-EU
We have concluded a data processing agreement for Google Workplace with Google Ireland Limited.
The legal basis for this is Art. 6 para. 1 (f) GDPR. The legitimate interest is our interest to have a proper communication channel with applicants and to carry out the selection process in an effective and secure way.
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 fulfill legal obligations or if we have your consent.
9. TRANSFER TO A THIRD COUNTRY
Data is transferred to bodies in countries outside the European Economic Area (so-called third countries) insofar as
you have given us your consent or
this is legitimized by the legitimate interest under data protection law and does not conflict with any higher interests of the data subject worthy of protection.
Furthermore, we do not transfer any personal data to bodies in third countries or international organizations.
However, for certain tasks, we use service providers (including Personio and Google) who may have their registered office, parent company or data centers in a third country, or who may use sub-service providers who may have their registered office, parent company or data centers in a third country. A transfer is permitted if the European Commission has decided that an adequate level of protection exists in a third country (Art. 45 GDPR). If the European Commission has not taken such a decision, the companies or the service provider may only transfer personal data to service providers in a third country if appropriate safeguards are provided (standard data protection clauses adopted by the EU Commission or the supervisory authority in a specific procedure) and enforceable rights and effective legal remedies are available.
It has also been contractually agreed with the service providers that data protection guarantees must always be in place with their contractual partners in compliance with the European level of data protection. We will provide you with a copy of these guarantees on request.
10. DURATION OF THE STORAGE OF DATA
We store your personal data as long as this is necessary for the decision on 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. notification of the rejection decision), unless longer storage is required or permitted by law. We store your personal data beyond this only to the extent that this is required by law or in a specific case for the assertion, exercise or defense of 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 is established following the application process, your data will initially continue to be stored to the extent 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 continue to consider you in our selection of applicants for suitable vacancies in the future. If we have your consent to do so, we will store your application data in our talent pool in accordance with your consent or, if applicable, future consents.
11. YOUR RIGHTS
Every data subject has the right to request information in accordance with Art. 15 GDPR, the right to request correction in accordance with Art. 16 GDPR, the right to request deletion in accordance with Art. 17 GDPR, the right to request restriction in accordance with Art. 18 GDPR, the right to receive notification in accordance with Art. 19 GDPR as well as the right to receive personal data in accordance with Art. 20 GDPR.
Furthermore you have the right to lodge a complaint with a data protection supervisory authority in accordance with Art. 77 GDPR if you are of the opinion that the processing of your personal data is not in accordance with the law. The right of appeal exists regardless of any other administrative or judicial remedy.
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 revocation only takes effect for the future. This does not affect processing that took place before the withdrawal. Please also note that we may have to retain certain data for a certain period of time in order to comply with legal requirements (see section 8 of this data protection information).
RIGHT OF APPEAL
If your personal data is processed on the basis of legitimate interests in accordance with Art. 6 Sect. 1 lit. f GDPR, you have the right to object to the processing of your personal data at any time, in accordance with Art. 21 GDPR, in case there are reasons for that, which result from your special situation. We will then no longer process your personal data unless we can account for compelling reasons for the processing. Such reasons must outweigh your rights, interests and freedoms or the processing must be used for the assertion, exercise or defense of legal claims.
To protect your rights, you can contact us using the contact details given in section 1.
12. NECESSITY OF PROVIDING PERSONAL DATA
The provision of your personal data in the context of application processes is freely given. However, we can only make a decision on the establishment of an employment relationship or establish an employment relationship with you if you provide personal data that is required to complete the application.
13. AUTOMATED DECISION MAKING
The decision on your employment relationship is not based exclusively on automated processing. Therefore, there is no automated decision in individual cases within the meaning of Art. 22 GDPR.
II) DATA PROTECTION INFORMATION FOR PARTICIPANTS IN THE SELECTION PROCESS FOR A FREELANCER ENGAGEMENT (Information on data protection regarding our processing of personal data according to Art. 13, 14 and 21 of the General Data Protection Regulation (GDPR))
Dear participant in the selection process,
Thank you for your interest in cooperating as a freelancer with Kiron Digital Learning Solutions GmbH (“KDLS”). In accordance with the requirements of Art. 13, 14 and 21 of the General Data Protection Regulation (GDPR), we hereby inform you about the processing of personal data provided by you as part of the selection process and, if applicable, collected by us, and your rights in this regard. Furthermore we want to inform you about the processing of your personal data in case of a successful selection process, with respect to the initiation and fulfillment of a contract, the implementation of pre-contractual measures and when you carry out services for KDLS.
To ensure that you are fully informed about the processing of your personal data within these processes and phases, please take note of the following information.
1. RESPONSIBLE INSTANCE UNDER DATA PROTECTION LAW
Responsible for the processing of your data under GDPR is:
Kiron Digital Learning Solutions GmbH
℅ Impact Hub Berlin
Rollbergstr. 28A
12053 Berlin, Germany
support@kiron.digital
www.kiron.digital
2. CONTACT INFORMATION OF OUR DATA PROTECTION OFFICER
You can contact our data protection officer as follows:
PROLIANCE GmbH
Leopoldstr. 21
80802 Munich, Germany
datenschutzbeauftragter@datenschutzexperte.de
3. PURPOSE AND LEGAL BASIS OF DATA PROCESSING
We process your personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG), insofar as this is necessary to carry out a selection process as well as for the establishment, execution and performance of a contract, and for the execution of pre-contractual measures. Insofar as personal data is required for the carrying out of a selection process, for the initiation or execution of a contractual relationship, or in the context of the execution of pre-contractual measures, processing is lawful pursuant to Art. 6 para.1 (b) GDPR.
If you give us your explicit consent to process personal data for specific purposes, the lawfulness of this processing is given on the basis of your consent in accordance with Art. 6 para. 1 (a) of the GDPR. You may withdraw your consent at any time with future effect (see section 9 of this privacy notice).
If necessary and legally permissible, we process your data beyond the actual contractual purposes for the performance of legal obligations pursuant to Art. 6 para. 1 (c) GDPR. Furthermore, processing may be carried out to protect the legitimate interests of us or third parties, as well as to defend against and assert legal claims pursuant to Art. 6 para. 1 (f) GDPR. If necessary, we will inform you separately, stating the legitimate interest, insofar as this is required by law.
4. CATEGORIES OF PERSONAL DATA
With respect to your participation in the selection procedure, we only process data that is related to this. This includes general personal data (name, address, contact details, etc.), information on your professional qualifications and experience and school education, information on further professional training and, if applicable, other data that you provide to us in connection with the selection.
In case of a cooperation after the selection process the personal data processed includes, in particular, master data (e.g. surname, first name, name affixes, date and place of birth, nationality), contact data (e.g. private address, telephone number, e-mail address), other data related to you personally, insofar as these are relevant to the contractual relationship and the services to be provided (such as information on education, qualifications, professional experience, language skills, further training, etc.). Other relevant personal data may include data collected in the course of the contractual relationship: e.g. start date and activity description, tax number, tax identification number, bank data (IBAN number); data collected during the use of IT systems (e.g. logs, access data, access rights), evaluation data; and other data comparable to the categories mentioned.
5. SOURCE OF DATA
We process personal data that we receive from you in the course of contacting you or that you share with us in the context of your participation in the selection process through the form published on our website.
We may also view and process data that are published on your profile on the social media platform LinkedIn, as far as your profile is made available to the public and/or to recruiters.
When you visit the Careers page of our website and navigate through the open positions, we do collect certain information automatically from your device. If you want more information in this respect you can view KDLS’s privacy policy:
If a contractual relationship is established, we will also process other data that we receive from you in the course of contacting you or establishing a contractual relationship or in the course of pre-contractual measures.
Furthermore, personal data may also be collected from other bodies on the basis of statutory regulations. This includes, in particular, occasional ad hoc requests for tax-relevant information from the relevant tax office.
6. RECIPIENTS OF DATA
We only pass on your personal data within our company to those areas and persons who need this data to carry out the selection process, to fulfill contractual legal and obligations or to implement our legitimate interests.
We may transmit your personal data to selected employees of our 100% mother company Kiron Open Higher Education gGmbH, as far as this is permitted within the scope of the purposes and legal bases set out in section 3 of this data protection information sheet.
Your personal data may be processed on our behalf on the basis of data processing agreements in accordance with Art. 28 of the 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 Internet and software service providers (e.g. Google Workspace), providers of communication and video conferencing solutions (e.g. GoogleMeet).
In particular, your participation form will be processed using the services of the software Personio. Kiron Open Higher Education gGmbH has concluded a data processing agreement with Personio. Personio stores data on certified servers based in the EU. You can find more information about Personio and how it processes data here:
www.personio.com/privacy-policy
After receipt of the form you have filled to participate in the selection KDLS will carry out communication with participants in the selection process mainly per e-mail. Our kiron.digital e-mail address is maintained by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google") and administered by KDLS as part of Google-for-Nonprofits program. All information and data you choose to share with us by E-mail is processed automatically by Google in one of their secure data centers.
In the event that you will be invited to an online interview in the context of the selection process, we will use GoogleMeet, a video conferencing system also provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google").
More information:
https://support.google.com/meet/answer/10400210?hl=en&ref_topic=14074547&sjid=1603810317046323182-EU
We have concluded a data processing agreement for Google Workplace with Google Ireland Limited.
The legal basis for this is Art. 6 para. 1 (f) GDPR. The legitimate interest is our interest to have a proper communication channel with applicants and to carry out the selection process in an effective and secure way.
In case of an engagement, communication will generally take place via email (see above) or using the video conference system of GoogleMeet.
Furthermore we may invite you to join specific channels on Slack. To this purpose we use the services of Slack Connect, a product of Slack Technologies LLC based in the USA, which is a Salesforce Inc. company.
The legal basis for this processing is our legitimate interest in an effective and unhindered communication with service providers in the context of the carrying out of the services agreed and in remaining in contact with the persons for this purpose according to Art. 6 para. 1 s. 1 lit. (f) GDPR.
Kiron Open Higher Education gGmbH has concluded a data processing agreement with Slack. Since a transfer of personal data by Slack to affiliates and sub-processors to countries outside the EU and EEA is possible, further appropriate safeguards are required to ensure the level of data protection under the GDPR. For the U.S., there is an adequacy decision of the EU Commission pursuant to Art. 45 (1) GDPR regarding companies with certification under the EU-U.S. Data Privacy Framework. Slack Technologies LLC is certified under the EU-U.S. Data Privacy Framework and is therefore committed to compliance with adequate data protection standards, which can be verified via the following link: https://www.dataprivacyframework.gov/s/participant-search
For potential transfers to other countries outside the EU and the EEA, for which no adequacy decision of the EU Commission exists, we have concluded standard contractual clauses with the provider in accordance with Art. 46 (2) lit. (c) GDPR. These oblige the recipient of the data in the country outside the EU to process the data in accordance with the level of protection in Europe.
The terms of use of Slack and information on data protection can be accessed via the following links:
https://app.slack.com/trust/compliance/gdpr.
https://slack.com/intl/en-gb/main-services-agreement
https://slack.com/intl/en-gb/trust/privacy/privacy-policy
Otherwise, data is only passed on to recipients outside the company if this is permitted or required by law, if the data is passed on for processing and thus for the performance of a contract or, at your request, to carry out pre-contractual measures, we have your consent or we are authorized to provide information. Under these conditions, recipients of personal data may be, for example:
External legal and tax consultant
Auditors
Public bodies and institutions (e.g. public prosecutor's office, police, supervisory authorities, tax office) if there is a legal or regulatory obligation.
TRANSFER TO A THIRD COUNTRY
Data is transferred to bodies in countries outside the European Economic Area (so-called third countries) insofar as
it is required by law (e.g. reporting obligations under tax law)
you have given us your consent or
this is legitimized by the legitimate interest under data protection law and does not conflict with any higher interests of the data subject worthy of protection.
Furthermore, we do not transfer any personal data to bodies in third countries or international organizations.
However, for certain tasks, we use service providers (including Personio, Google Workspace) who may have their registered office, parent company or data centers in a third country, or who may use sub-service providers who may have their registered office, parent company or data centers in a third country. A transfer is permitted if the European Commission has decided that an adequate level of protection exists in a third country (Art. 45 GDPR). If the European Commission has not taken such a decision, the companies or the service provider may only transfer personal data to service providers in a third country if appropriate safeguards are provided (standard data protection clauses adopted by the EU Commission or the supervisory authority in a specific procedure) and enforceable rights and effective legal remedies are available.
We have also contractually agreed with our service providers that data protection guarantees must always be in place with their contractual partners in compliance with the European level of data protection. We will provide you with a copy of these guarantees on request.
7.DURATION OF THE STORAGE OF DATA
We store your personal data as long as this is necessary for the decision about the selection. In case of a negative decision, your personal data or documents will be deleted promptly within a reasonable amount of time after sending the information about the decision, unless longer storage is required or permitted by law. We store your personal data beyond this only to the extent that this is required by law or in a specific case for the assertion, exercise or defense of legal claims for the duration of a legal dispute.
In case of a positive outcome of the selection process, we process and retain your personal data for the duration of our business relationship or for the performance of a contract, to the extent necessary. This also includes the initiation of a contract and the execution of a contract.
However, we are subject to various retention and documentation obligations, including those arising from the German Commercial Code (HGB) and the German Fiscal Code (AO). The retention and documentation periods prescribed therein are two to ten years.
Finally, the storage period is also based on the statutory limitation periods, which, for example, according to Sections 195 et seq. of the German Civil Code (BGB), are generally three years, but in certain cases can be up to thirty years.
9. YOUR RIGHTS
Every data subject has the right to request information in accordance with Art. 15 GDPR, the right to request correction in accordance with Art. 16 GDPR, the right to request deletion in accordance with Art. 17 GDPR, the right to request restriction in accordance with Art. 18 GDPR, the right to receive notification in accordance with Art. 19 GDPR as well as the right to receive personal data in accordance with Art. 20 GDPR.
Furthermore you have the right to lodge a complaint with a data protection supervisory authority in accordance with Art. 77 GDPR if you are of the opinion that the processing of your personal data is not in accordance with the law. The right of appeal exists regardless of any other administrative or judicial remedy.
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 revocation only takes effect for the future. This does not affect processing that took place before the withdrawal. Please also note that we may have to retain certain data for a certain period of time in order to comply with legal requirements (see section 8 of this data protection information).
RIGHT OF APPEAL
If your personal data is processed on the basis of legitimate interests in accordance with Art. 6 Sect. 1 lit. f GDPR, you have the right to object to the processing of your personal data at any time, in accordance with Art. 21 GDPR, in case there are reasons for that, which result from your special situation. We will then no longer process your personal data unless we can account for compelling reasons for the processing. Such reasons must outweigh your rights, interests and freedoms or the processing must be used for the assertion, exercise or defense of legal claims.
To protect your rights, you can contact us using the contact details given in section 1.
9. NECESSITY OF PROVIDING PERSONAL DATA
The provision of your personal data in the context of the selection process and for the decision on the conclusion of a contract, the performance of a contract or for the implementation of pre-contractual measures is freely given. However, we can only make a decision on a selection and in the context of contractual measures if you provide personal data that is required to carry out the selection process and for the conclusion of a contract, the performance of a contract or pre-contractual measures.
10. AUTOMATED DECISION MAKING
For the establishment, performance or implementation of the business relationship as well as for pre-contractual measures, as well as for the selection process we generally do not use fully automated decision-making pursuant to Art. 22 GDPR. Should we use these procedures in individual cases, we will inform you separately or obtain your consent, if this is required by law.
11. PROFILING
We do not process your data with the aim of automatically evaluating certain personal aspects.