Data protection information for applicants

Data protection information about our processing of applicant data in accordance with Art. 13, 14 and 21 of the General Data Protection Regulation (GDPR)

Dear Applicant

Thank you for your interest in our company. In accordance with the requirements 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 as part of the application process, please take note of the information below.

1.RESPONSIBLE PARTY IN THE SENSE OF DATA PROTECTION LAW

finway GmbH
Josef-Hunger Way 16
82061 Neuried

E-mail: info@finway.de
Tel: +49 (0) 157 57112363

Represented by: Csaba Krümmer, Jennifer Dussileck

2.PURPOSES AND LEGAL BASIS OF 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 for the decision to establish an employment relationship with us. The legal basis for this is Article 88 DSGVO in conjunction with Section 26 BDSG for purposes of the employment relationship, if this is necessary for the decision on the establishment of an employment relationship.

Furthermore, we may process personal data from you if this is necessary for the fulfillment of legal obligations (Art. 6 para. 1 lit. c GDPR) or for the defense or assertion of legal claims. The legal basis for this is Art. 6 para. 1 lit. f GDPR. The legitimate interest is, for example, a duty of proof 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 is based on your consent pursuant to Art. 6 (1) lit. a GDPR. Consent given can be revoked at any time with effect for the future (see section 8 of this data protection information).

If an employment relationship arises between you and us, we may, in accordance with Art. 88 GDPR in conjunction with Section 26 BDSG, 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 the rights and obligations of the employee representation resulting from a law or a collective agreement, a company or service agreement (collective agreement).

3.CATEGORIES OF PERSONAL DATA

We only process data that is related to your application. These data may include:

– Master data (name, academic titles, address, date and place of birth, gender, personnel number).
– Applicant data (application, curriculum vitae, certificates, proof of schooling and vocational training, diplomas).

4.SOURCES OF DATA

We process personal data that we receive from you by post or e-mail in the course of contacting you or your application, or that you send to us via a job portal.

5.RECIPIENTS OF THE DATA

We disclose your personal data within our company exclusively to the 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 our affiliated company finway Inc. to the extent permitted under the purposes and legal bases set out in section 2 of this privacy information.

Your personal data is processed on our behalf on the basis of order processing contracts pursuant to Art. 28 GDPR. In these cases, we ensure that the processing of personal data is carried out in accordance with the provisions of the GDPR. For data transfers to the USA, security is ensured through the use of the EU standard contractual clauses.

Otherwise, data is only transferred to recipients outside the company if legal provisions permit or require this, the transfer is necessary for the fulfillment of legal obligations or we have your consent.

6.TRANSMISSION TO A THIRD COUNTRY

A transfer of personal data to countries outside the EEA (European Economic Area) or to an international organization will only take place if this is necessary for the processing and thus the fulfillment of the contract or, at your request, for the implementation of pre-contractual measures, the transfer is required by law or you have given us your consent. In these cases, the recipients include finway Inc, 1968 Dolphin Dr, Aptos CA 95003, USA.

7.DURATION OF DATA STORAGE

We store your personal data for as long as necessary to make a decision about your application. Your personal data or application documents will be deleted no later than six months after the end of the application process (e.g. 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.

If an employment, training or internship 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.

8.YOUR RIGHTS

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 GDPR 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 GDPR. Please note that the revocation is only effective for the future. This does not affect processing that took place before the revocation. 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 7 of this data protection information).

Right of objection

Insofar as the processing of your personal data is carried out for the protection of legitimate interests pursuant to Art. 6 (1) lit. f GDPR, 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 GDPR. 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, you can contact us using the contact details provided in section 1.

9.NECESSITY OF THE PROVISION OF PERSONAL DATA

The provision of your personal data in the context of application processes is voluntary. However, we can only make a decision on the establishment of an employment relationship or establish an employment relationship with you if you provide such personal data that is required to complete the application.

10. AUTOMATED DECISION-MAKING

The decision about your application is not based exclusively on automated processing. Thus, no automated decision in individual cases within the meaning of Art. 22 GDPR takes place.

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