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

General Information

We provide you with this data privacy statement, which refers exclusively to data collected as part of the online application process, to inform you about how we handle the personal data collected from you during the application process.

Controller

The controller within the meaning of data protection law is:
Merz b. Schwanen (Owner: Peter Plotnicki)
Rosenthalerstraße 34/35, 10178 Berlin

Personal Data in the Application Process

Personal data refers to information about the personal or factual circumstances of an identified or identifiable natural person. This includes details such as your name, address, telephone number, and date of birth, as well as information about your specific career background, which can be assigned to a particular person with reasonable effort. Information that cannot be directly or indirectly linked to your real identity is not considered personal data.

Legal Basis and Purpose for Processing Personal Data in the Application Process

If you apply to us electronically—via email or through our online form—we collect and process your personal data for the purpose of managing the application process and conducting pre-contractual measures.

By submitting an application via our recruiting page, you express your interest in working with us. In doing so, you submit personal data that we use and store exclusively for your job search and application process.

In particular, the following data is collected:

  • First and last name

  • Email address

  • Telephone number

  • LinkedIn profile (optional)

  • Channel through which you found us

Additionally, you may upload meaningful documents such as a cover letter, CV, and certificates. These may contain further personal data such as date of birth, address, etc.

Access to your data is granted only to authorized HR personnel or employees involved in the recruitment process.

Your personal data is generally stored exclusively for the purpose of filling the position for which you applied.

We retain your data for 365 days after the conclusion of the application process. This is typically done to meet legal obligations or defend against potential legal claims. After this period, we are obligated to delete or anonymize your data. Once anonymized, the data is only available to us as so-called metadata without any personal reference, for statistical analysis (e.g. gender ratio of applicants, number of applications within a given time period, etc.).

Additionally, we reserve the right to retain your data for 365 days after the conclusion of the application process to include it in our "Talent Pool" for the purpose of identifying other potential job opportunities for you. This also applies to applications for apprenticeships or internships. By accepting the privacy policy, you consent to this extended storage and inclusion in our Talent Pool.

Should you receive and accept an offer of employment during the application process, the personal data collected will be stored for at least the duration of your employment.

Disclosure of Data to Third Parties

The data you submit with your application is transmitted using TLS encryption and stored in a database operated by Personio GmbH, which offers a human resource and applicant management software (https://www.personio.de/impressum/). In this context, Personio acts as our data processor pursuant to Article 28 of the GDPR. Processing is carried out on the basis of a data processing agreement between us as the controller and Personio.

Rights of Data Subjects

If we process your personal data as the controller, 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. These may include:

  • Right of access (Art. 15 GDPR)

  • Right to rectification (Art. 16 GDPR)

  • Right to erasure (Art. 17 GDPR)

  • Right to restriction of processing (Art. 18 GDPR)

  • Right to data portability (Art. 20 GDPR)

  • Right to object (Art. 21 GDPR)

If the processing of your personal data is based on your consent, you have the right to withdraw your consent at any time in accordance with Art. 7(3) GDPR.

To assert your rights concerning the data processed in this online application process, please contact our Data Protection Officer (see Section 2 above).

Concluding Provisions

We reserve the right to update this data privacy statement at any time to ensure it complies with current legal requirements or to reflect changes in the application process or similar circumstances. The new data privacy statement will then apply to any future visits to this recruiting page or subsequent applications.

In addition to this data privacy statement, you can view our general privacy policy at:
https://www.merzbschwanen.com/de/policies/privacy-policy

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.