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

Data Protection Notice for Applicants

We are pleased that you are interested in AVANTGARDE and are applying or have applied for a position in our company. Below, we would like to provide you with information regarding the processing of your personal data in connection with your application.

Who is responsible for data processing?
The controller within the meaning of data protection law is:

AVANTGARDE Management GmbH
Atelierstraße 10
81671 Munich
Germany

You can find further information about our company, details of the authorized representatives, and additional contact options in the imprint on our website: https://avantgarde.net/de/imprint/

Which data do we process? And for what purposes?
We process the data you sent us in connection with your application to assess your suitability for the position (or, if applicable, other open positions in our companies) and to conduct the application process.
To the extent we deem it necessary for filling the position, it cannot be ruled out that we also collect personal data about you from third parties. This may include, for example, internet research or research on "social media" platforms (e.g., LinkedIn, XING). In this regard, we refer to the supplementary notes at the end of this document. We will provide you with any further information that may be required under Art. 14 GDPR in these cases separately, where necessary.

On what legal basis is this based?
The primary legal basis for processing your personal data in this application process is Art. 6 (1) lit. b) GDPR.
According to this, the processing of data required in connection with the decision to establish an employment relationship is permissible.
Should the data be required for legal prosecution after the completion of the application process, data processing may take place based on the requirements of Art. 6 GDPR, in particular to protect legitimate interests pursuant to Art. 6 (1) lit. f) GDPR. Our interest then lies in asserting or defending claims.
If special categories of personal data within the meaning of Art. 9 GDPR are processed (e.g., health data), the legal basis is Sec. 26 (3) BDSG (German Federal Data Protection Act) or Art. 9 (2) lit. b) GDPR in conjunction with Art. 6 (1) lit. b) GDPR.
As part of your application, your data may be shared with other companies of the Avantgarde Group. The legal basis for this is Art. 6 (1) lit. f) GDPR (in conjunction with Recital 48 of the GDPR). Our legitimate interest lies in selecting the best possible candidates by involving the relevant specialist departments within the corporate group.

How long is the data stored?
In the event of a rejection, applicant data will be deleted after 6 months.
If you have consented to further storage of your personal data, we will transfer your data into our applicant pool. In this case, the data will be deleted after two years.
If you are offered and accept a position during the application process, the data from the applicant data system will be transferred to our personnel information system.

To which recipients is the data disclosed?
We use a specialized software provider for the application process. This provider acts as a service provider for us and may, in connection with the maintenance and care of the systems, also obtain knowledge of your personal data.
We have concluded a so-called data processing agreement with this provider, which ensures that the data processing is carried out in a permissible manner.
Your applicant data will be reviewed by the HR department upon receipt of your application. Suitable applications will then be forwarded internally to the department heads responsible for the respective open position. The next steps will then be coordinated. Within the company, only those individuals who require access for the proper conduct of our application process will have access to your data.
Your data may also be disclosed to other companies within the corporate group.

Where is the data processed?
The data is processed exclusively in data centers located in the Federal Republic of Germany.

Your rights as a "data subject"
You have the right to information about the personal data we process about you.
In the case of a request for information that is not made in writing, we ask for your understanding that we may require proof from you that you are indeed the person you claim to be.
Furthermore, you have a right to rectification, erasure, or restriction of processing, to the extent that you are legally entitled to this.
Furthermore, you have a right to object to the processing within the scope of legal requirements. The same applies to a right to data portability.

Our Data Protection Officer
We have appointed a data protection officer in our company. You can reach them using the following contact details:

AVANTGARDE Gesellschaft für Kommunikation mbH
– Data Protection Officer –
Atelierstraße 10
81671 Munich
Germany
Email: datenschutz@avantgarde.de

Right of complaint
You have the right to complain to a data protection supervisory authority about our processing of your personal data.

Supplementary notes on the processing of personal data not collected from the data subject (Art. 14 GDPR)
In the event that we process personal data about you in the course of the application process that we did not receive directly from you, the following supplementary notes apply:
Data categories that we may process in this context include information about you that is publicly accessible on the internet or can be researched via "social media" platforms (e.g., LinkedIn, XING). Furthermore, it may include data about previous employment relationships. The legal basis for this data processing is Art. 6 (1) lit. f) GDPR, whereby our interest lies in finding the most suitable candidates for the respective positions.
In the event that we process personal data about you that we have not collected from you, we will inform you separately about the source of the personal data, unless you already possess this information. For further information required in view of Art. 14 GDPR, reference is made to the information in this data protection notice.

By submitting your application, you confirm that you have read and understood this data protection notice.

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.