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

Processing of (personal) data by the person responsible for the online application process 
Privacy policy for the applicant management system
 
The protection of personal data is important to us. For this reason, nexMart processes personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and other legal requirements. With the following information in our privacy policy, we would like to inform you comprehensively about the handling of your personal data and your rights in this context. 

1. general information 
This applicant system is operated by nexMart GmbH & Co. KG (Gropiusplatz 10, 70563 Stuttgart, HRA 13500, Stuttgart Local Court). nexMart GmbH & Co. KG is the data controller within the meaning of the GDPR. We are providing you with this privacy policy, which relates exclusively to the personal data collected as part of the online application process, to inform you about how we handle this data. You can only submit your application if you agree to the data protection provisions. 

2. personal data in the context of the application process 
Personal data is information about the personal or factual circumstances of an identified or identifiable natural person. This includes information such as your name, your address, your telephone number and your date of birth, but also data about your specific career, etc., which can be assigned to a specific person (for example you) with reasonable effort. 

3 Collection and processing of personal data 
Our data protection provisions are in accordance with the GDPR and the German Telemedia Act (TMG). If you apply for an open position or send an unsolicited application via the application system on our website, you voluntarily submit personal data and information (first name, surname, e-mail address, telephone number, as well as any attachments such as CV, cover letter, etc.). This transmitted data is transferred using TLS encryption and stored in a database for which our company is responsible and which is operated by a third-party company called Personio GmbH (https://www.personio.de/). We have concluded an order processing agreement with Personio GmbH, which offers personnel administration and applicant management software and stores data exclusively on ISO 27001-certified servers in Germany, in accordance with Art. 28 GDPR. 
If you send an unsolicited application directly by e-mail to hr@nexmart.com, your data will generally be transmitted unencrypted. Therefore, please use the application system if you would like your application documents to be sent to us in encrypted form only. 
In order to fill the vacant positions with suitable candidates, the responsible employees (hiring managers and HR employees) can access the aforementioned database. 

4. storage of personal data 
Personal data is stored exclusively for the purpose of filling the vacant position for which you have applied. § Section 15 (4) of the General Equal Treatment Act (AGG) allows your data to be stored for a further two months after the end of the application process. In addition, we reserve the right to store your data for inclusion in our "Talent Pool" for a further 180 days after the end of the application process in order to identify any other interesting positions for you.  
By submitting your application, you consent to your data being stored for longer than the statutory periods. However, you can revoke this consent at any time and object to the storage of your data (see also 5.). 

5. removal of personal data 
You can contact us at any time via hr@nexmart.com to request the deletion of your data. Your data will be automatically anonymized 180 days after the end of the application process. The data will then only be available to us as so-called metadata without direct personal reference for statistical evaluations (e.g. proportion of women or men in applications, number of applications per period, etc.). 

6 Disclosure of personal data 
Your personal data will only be passed on if nexMart GmbH & Co. KG is legally obliged to do so or if it is necessary in the event of misuse or clarification. However, this requires concrete evidence of unlawful or abusive behavior. By order of the competent authorities, we may provide information about this data (inventory data) in individual cases, insofar as this is necessary for the purposes of criminal prosecution, to avert danger, to fulfill the legal duties of the constitutional protection authorities or to enforce intellectual property rights. 
7 Security of your personal data 
Both we as a company and those employees who are involved in the application process, as well as involved third-party companies such as Personio GmbH, are obliged to take appropriate technical and organizational measures to protect personal data from misuse, unauthorized disclosure and loss. There is a contract with third-party companies for order processing in accordance with Art. 28 GDPR. 

8. rights of data subjects 
You have the right to request information from us about your stored data at any time. You also have the right to request that we rectify, erase and block your personal data. To exercise these rights, please contact hr@nexmart.com. 

9 Questions and suggestions 
If you have any questions about our information on data protection and the processing of your personal data, you can contact the data protection officer directly. Please write to: 

nexMart GmbH & Co. KG 
Operational data protection 
E-mail: dsb-nexMart@ensecur.de 
Address: Gropiusplatz 10, 70563 Stuttgart, Germany 

10 Validity of and changes to the data protection provisions for the applicant system 
The privacy policy is currently valid and dated 22.05.2018. Due to the further development of our application process or the implementation of new functions or technologies, it may become necessary to change this privacy policy. We reserve the right to make corresponding changes at any time. 

11. information on the fulfillment of the information obligations according to Art. 13 GDPR for applicants 
Name and contact details of the controller (Art. 13 para. 1 a GDPR) 

nexMart GmbH & Co. KG 
Gropiusplatz 10 
70563 Stuttgart, Germany 
E-mail: info@nexmart.com 

Name and contact details of the data protection officer (Art. 13 para. 1 b GDPR) 

ENSECUR GmbH 
Sophienstrasse 25
70178 Stuttgart, Germany 
Personally responsible: Mr. Marco Kurz
E-mail: dsb-nexmart@ensecur.de
 
Purpose and legal basis of data processing (Art. 13 para. 1 c GDPR) 
Processing of applications/eRecruiting (§ 26 para. 1 BDSG-new) 
Inclusion in an applicant pool for subsequent contact (Art. 6 para. 1 a GDPR) 

Interests of the controller when weighing up interests (Art. 13 para. 1 d GDPR) 
Not applicable.
 
Recipients or categories of recipients of the personal data (Art. 13 para. 1 e GDPR) 
Provider of the software-supported applicant portal, waste disposal service provider 

Transfer to third countries (Art. 13 para. 1 f GDPR) 
There is no transfer to a third country. 

Storage period in accordance with statutory retention obligations (Art. 13 para. 2 a GDPR) 
The personal data will be deleted 180 days after the end of the application process, taking into account Section 61b (1) ArbGG in conjunction with § Section 15 AGG as described under 4. storage of personal data. 

Right to object (Art. 21 (1) GDPR) 
Not relevant. 

Right of access, rectification, erasure, restriction, data portability and objection (Art. 13 para. 2 b GDPR) 
As a data subject, you have the right to access, rectification and erasure of your data and to restriction of processing, as well as the right to data portability, at any time. Please contact the controller using the contact details provided. 
Right to lodge a complaint (Art. 13 para. 2 d GDPR) 
As a data subject, you can contact the responsible State Commissioner for Data Protection and Freedom of Information Baden-Württemberg at any time if you have a complaint: 

State Commissioner for Data Protection and Freedom of Information Baden-Württemberg 
P.O. Box102932 
70025 Stuttgart 
Stuttgart, Germany 
Phone: +49 (0) 711/615541-0 
E-mail: poststelle@lfdi.bwl.de 

Existence of a necessity to provide personal data (Art. 13 para. 2 e GDPR) 
The data collected is required to carry out the application process. If it is not provided, it will not be possible to carry out the application process. 

The following privacy policy of the recruitment page is inserted for technical reasons. Your contact person, as an applicant, is named under 11. Notes on the fulfillment of the information obligations under Art. 13 GDPR for applicants.

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.