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

Data protection enjoys the highest priority at the IOTA Foundation. All personal and other confidential data and information are included in the scope of protection.

Data worthy of protection may only be collected, processed, used or made available to other employees, temporary staff and trainees to the extent that it is necessary for a specific, lawful fulfilment of tasks, taking into account the reliability requirement under data protection law. 

Data that is no longer required must be deleted. Data that is subject to a legally prescribed retention obligation shall be blocked against further use. 

The processing and other use - this also includes information on personal data - is permitted on the basis of legal provisions, contractual relationships or intended contractual relationships, with the written consent of the data subject or in the legitimate business interest, if there is no reason to assume that the data subject's interest worthy of protection in the exclusion of the processing or use outweighs this. 

Every employee who handles personal data must be instructed by the Human Resources Department or the Data Protection Officer about the data protection regulations and be bound in writing to confidentiality. She or he shall use the information and materials entrusted to her/him, which are worthy of protection, exclusively within the scope of their intended purpose and secure them against unauthorised access and unauthorised inspection in order to maintain confidentiality.

Every person whose data is processed and stored has an indispensable, legally fixed right to information, as well as - if necessary - to correction, blocking and deletion of this data. If he or she is not aware of the processing of his or her data, he or she must be notified when the data is stored for the first time.

In order to be able to meet the notification and information requirements as well as the control requirements, every data processing application with personal data must be reported to the data protection officer. Her involvement in the introduction of new data processing applications with personal data must take place at an early stage in the planning phase of a project so that the lawfulness and permissibility of the data processing can be guaranteed by a timely data protection evaluation/examination of the project.

Data and programmes must be adequately protected against unauthorised access, unauthorised manipulation, theft, sabotage, unintentional data loss and disturbances of any kind.

The data protection officer must be informed in the event of violations of data protection regulations, identified or avoidable deficiencies in the data protection system as well as other incidents relevant to data protection. Specific regulations must also be requested from the Data Protection Officer.

Handling of application documents

The employer is allowed to keep the application documents (and also the documentation of the application process) after the application has been completed in order to be able to defend itself against potential discrimination allegations. The General Equal Treatment Act (“Allgemeine Gleichbehandlungsgesetz” / “AGG”) prohibits discrimination on the grounds of race, gender and age, among others. If an applicant feels discriminated against because of a rejection, he or she could therefore make claims for damages and compensation against the employer. According to Section 15 (4) AGG, these claims must be asserted within two months of receipt of the rejection. According to section 15 AGG, a claim for compensation must be filed within three months.

In order for the employer to be able to refute the allegations and defend the claims, it must be allowed to keep the application documents for at least that long. Due to a possible maximum exhaustion of the time limits in combination with the required processing time by the competent authorities, it may take up to six months in individual cases until allegations are asserted against employers. Consequently, the application documents must be returned or destroyed no later than six months after the applicant receives the rejection. Should the personal data be stored beyond this period (for example, for the purpose of future consideration for further job offers), the express consent of the applicant (preferably in writing for reasons of proof) is required. It makes sense to actively write to the applicant during or after the application process and ask for consent.

Application data may only be made accessible to those persons at the Foundation who are involved with the application in a necessary manner.



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.