DATA PROTECTION INFORMATION FOR APPLICANTS
Information on data protection regarding our processing of applicant data in accordance with Massachusetts and German law, including Art. 13, 14 and 21 of the EU General Data Protection Regulation (DSGVO).
The protection of your privacy is an important concern for us, which we take very seriously. In accordance with the requirements of Massachusetts and German law, including Articles 13, 14 and 21 of the EU General Data Protection Regulation (DSGVO), 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 as part of the application process, please take note of the following information.
1. RESPONSIBLE PARTY IN RELATION TO DATA PROTECTION LAW
Sedo.com, LLC
625 Massachusetts Ave, 2nd Floor
Cambridge, MA 02139
USA
Phone number: +1 617-499-7200
e-mail: contact@sedo.com
www.sedo.com
2. CONTACT DETAILS OF OUR DATA PROTECTION OFFICER
Our internally appointed data protection officer can be contacted at dataprotection@sedo.de.
3. PURPOSES AND LEGAL BASIS OF PROCESSING
We process your personal data in accordance with the provisions of Massachusetts law, the European General Data Protection Regulation (DSGVO) and the German Federal Data Protection Act (BDSG), insofar as this is necessary for the decision to establish an employment relationship with us. In regards to German law, the legal basis for this is Article 88 DSGVO in conjunction with Section 26 BDSG and, if applicable, Article 6 (1) (b) DSGVO for the initiation or implementation of contractual relationships. This includes the application procedure.
Furthermore, we may process personal data from you if this is necessary for the fulfillment of legal obligations (for example, Art. 6 para. 1 lit. c) DSGVO) or for the defense of asserted legal claims against us. The legal basis for this in regards to German law is Art. 6 para. 1 lit. f) DSGVO. The legitimate interest is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG). If you give us express consent to process personal data for specific purposes, the lawfulness of this processing, in regards to German law, is based on your consent in accordance with Art. 6 (1) a) DSGVO. Consent given can be revoked at any time, with effect for the future (see Section 9 of this data protection information).
If an employment relationship arises between you and us, we may, in accordance with Art. 88 DSGVO in conjunction with § 26 BDSG in regards to German law, 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 fulfillment of obligations arising from a law.
4. DECLARATION OF CONSENT APPLICANT POOL
If an application is unsuccessful, we offer you the option of including your application documents (including cover letter, resume, references, applicant questionnaires, applicant interviews) in our applicant pool after the application process has been completed. We will process your application documents for the purpose of job search and filling positions within the company.
If you yourself have provided "special categories of personal data" pursuant to Art. 9 of the EU GDPR in your letter of application or other documents submitted by you in the application process (e.g. a photo that reveals ethnic origin, information about severely disabled status, etc.), your consent also relates to this data. However, we would like to point out that we only evaluate all applicants according to their qualifications and therefore ask you to refrain from including such information in your application if possible.
Your data will be stored for a period of two years. In regards to German law, the storage is based on your consent in accordance with Art. 6 Para. 1 lit. a) DSGVO. The consent you have given is voluntary and has no effect on your chances in the application process you have applied for. You can refuse to give your consent without giving any reasons and without having to fear any disadvantages as a result. You can revoke your consent at any time for the future; in this case, your data will be deleted after one year following the conclusion of the application process or after this period with revocation.
5. CATEGORIES OF PERSONAL DATA
We only process data that is related to your application. This may be general data about you (name, address, contact details, etc.), information about your professional qualifications and school education, information about further professional training and, if applicable, other data that you provide to us in connection with your application.
6. SOURCES OF THE DATA
We process personal data that we receive from you in person, or by mail or e-mail in the course of contacting you or your application, or that you transmit to us via our careers site and via external sites of providers such as Xing, Stepstone, LindedIn, Indeed, Google for Jobs, Agentur für Arbeit.
7. RECIPIENTS OF THE DATA
We disclose your personal data within our company exclusively to those areas and persons who need this data to fulfill contractual and legal obligations or to implement our legitimate interest.
We may transfer your personal data to companies affiliated with us to the extent that this is permissible within the framework of the purposes and legal bases set out in section 3 of this data protection information sheet.
In regards to German law, your personal data is processed on our behalf on the basis of order processing contracts pursuant to Art. 28 DSGVO. In these cases, we ensure that the processing of personal data is carried out in accordance with the provisions of the DSGVO. The categories of recipients in this case are Internet service providers and providers of applicant management systems and software.
Otherwise, data is only transferred to recipients outside the company if this is permitted or required by law, if the transfer is necessary for the fulfillment of legal obligations, or if we have your consent.
8. TRANSFER TO A THIRD COUNTRY
In many cases, the persons who need this data, pursuant to Section 7, are members of our parent company, Sedo GmbH, located in Cologne, Germany. You hereby consent to your data being transferred to Germany for this purpose.
9. DURATION OF DATA STORAGE
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 one (1) year after the end of the application process, which corresponds to the announcement of the rejection decision, unless longer storage is legally required or permitted. We store your personal data beyond this only insofar as this is required by law or in the 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 relationship, apprenticeship or trainee relationship is established following the application process, your data will initially continue to be stored insofar as this is necessary and permissible and will then be 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.
10. YOUR RIGHTS
In regards to German law, every data subject has the right to information under Article 15 of the GDPR, the right to rectification under Article 16 of the GDPR, the right to erasure under Article 17 of the GDPR, the right to restriction of processing under Article 18 of the GDPR, the right to notification under Article 19 of the GDPR and the right to data portability under Article 20 of the GDPR. In addition, you have the right to lodge a complaint with a data protection supervisory authority pursuant to Art. 77 DSGVO if you believe 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 to revoke your consent to the use of your personal data at any time in accordance with Art. 7 DSGVO in regards to German law. Please note that the revocation is only effective for the future. Processing that took place before the revocation is not affected. 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).
Furthermore, you have the right to object, insofar as the processing of your personal data is carried out for the protection of legitimate interests pursuant to Art. 6 para. 1 lit. f) DSGVO in regards to German law, and you have the right to object to the processing of this data at any time for reasons arising from your particular situation pursuant to Art. 21 DSGVO in regards to German law. We will then no longer process this personal data unless we can demonstrate compelling legitimate grounds for the processing. These must override your interests, rights and freedoms, or the processing must serve the assertion, exercise or defense of legal claims.
To protect your rights, please feel free to contact us.
11. NECESSITY OF THE PROVISION OF PERSONAL DATA
The provision of personal data in the context of application processes is not required by law or contract. Therefore, you are not obliged to provide information about your personal data. However, please note that these are required for the decision on an application or the conclusion of a contract relating to an employment relationship with us. If you do not provide us with any personal data, we will not be able to make a decision regarding the establishment of an employment relationship. We recommend that you only provide personal data as part of your application that is required to complete the application.
12. AUTOMATED DECISION-MAKING
Since the decision on your application is not based exclusively on automated processing, there is no automated decision-making in individual cases within the meaning of Art. 22 DSGVO in regards to German law.
13. STATUS OF DATA PROTECTION INFORMATION
Constant development makes adjustments to our data protection regulations necessary from time to time. We reserve the right to make appropriate changes at any time.
Status: March 2022