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

1. Who is responsible for the processing of your personal data?
AiCuris Anti-infective Cures AG, Friedrich-Ebert-Str. 475/Bld. 302, 42117  Wuppertal, Germany, Phone: +49 202 31763 0, Fax: +49 202 31763 1177, E-Mail:  info@aicuris.com (hereinafter referred to as "we", is responsible within the meaning of the General Data Protection Regulation  ("GDPR").

2. Data Protection Officer
For all questions relating to the processing of your personal data and  the exercising of your rights under the GDPR, please contact our data protection officer:

Roland Nießing
SILA Consulting GmbH
Weseler Straße 9
46325 Borken
E-Mail: privacy@aicuris.com

3. For what purposes and on which legal basis do we  process personal data?
We collect and process your personal data in order to carry out the  selection process for the advertised position. The data you provide will be handled for the processing of your  application and also for the  performance of the employment relationship should an employment relationship  be established. They are not processed for any other purpose. The legal basis  is Art. 6 para.1 GDPR in conjunction with § 26 para. 1   BDSG. We collect and process your personal data in order to carry out the selection process for the advertised position. The data you provide will be handled for the processing of your application and also for the performance of the employment relationship should an employment relationship be established. They are  not processed for any other purpose. The legal basis is Art. 6 para. 1 GDPR in conjunction with § 26 para. 1 BDSG. Furthermore, we may process personal data about you insofar as this is  necessary to defend against legal claims asserted against us in the application  process. The legal basis is Art. 6 para. 1, letters b and f GDPR; the legitimate  interest is, for example, a duty of proof in proceedings under the General  Equal Treatment Act (AGG).

Insofar as an employment relationship exists between you and us, we may  process the personal data already received from you for the purposes of the employment relationship  in accordance with Section 26 (1) BDSG if this is necessary for the performance or termination of the  employment relationship or for exercising or fulfilling the rights and obligations of the employees'  representation of interests resulting from a law or collective agreement (collective agreement). 

 4. Which categories of personal data do we process?

We process data in connection with your application. This may include  general information about you (such as your name, address and contact details), information about your  professional qualifications and schooling or information about professional training or other information  you provide us in connection with your application.
     

Furthermore, we may process job-related information made publicly  available by you, such as a profile on 
professional social media networks.


5. What sources do personal data come from if we do not collect them from  you?
If you only partially disclose your profile during the application process, we reserve the right to collect
personal data from other sources (e.g. LinkedIn, Xing).

6. What categories of recipient data are there?
We may transfer your personal data to companies affiliated with us,  insofar as this is permissible within the framework of the purposes and legal bases set out in Section 3.  Furthermore, personal data are processed on our behalf on the basis of contracts in accordance with Art.  28 DSGVO, in particular providers of applicant management systems.
 
7. To whom are application documents and personal data  passed on?
The data that you transmit to us will be treated confidentially.  Application documents are only made available in our company to those persons who are directly involved in  filling the vacancy. In addition, the works council has access to the application documents and must be  consulted before an employment relationship is established.

We transfer your personal data to courts, tax authorities, supervisory  authorities, insofar as this is legally permissible and necessary in order to comply with applicable law or to  assert, exercise or defend legal claims. However, we take all measures to ensure suitable and appropriate  guarantees for the protection of your personal data.

Data transmitted as part of your application will be transferred using  TLS encryption and stored in a database. This database is operated by Personio,  which offers a human resource and applicant management software solution (https://www.personio.com/legal-notice/). In this context, Personio is our  processor under article 28 of the GDPR. In this case, the processing is based  on an agreement for the processing of orders between us as the controller and Personio.

If no legal regulations prescribe a passing on to third parties or the  passing on to third parties is not necessary for contractual reasons (e.g. travel bookings) or in your  interest, no personal data will be passed on to third parties. Third parties  are persons or bodies outside our company who do not process the personal data on our instructions.
 
8. Is the transfer to a third country intended?   

A transfer to a third country is not intended.
      
 9. How long will your data be stored?
We store your personal data for as long as it is necessary for the  application process. If an employment relationship between you and us does not materialize, we may also further  store data, insofar as this is necessary to defend against possible legal claims. The application  documents will be deleted no later than six months after notification of the rejection  decision, unless longer storage is required due to legal disputes or other legitimate interests. Another legitimate interest in  this sense is, for example, the burden of proof in proceedings under the General Equal Treatment Act (AGG).
If both sides are interested in storing your application for a longer  period of time in order to consider it for future vacancies, we will obtain your additional consent to store it in  our talent pool. Your application data will then be stored for a further 24 months after  receipt of your application. Every 24 months, upon our request, you will have to agree again that you wish to remain in the  applicant pool. If you do not respond to this request within 14 days, we will delete your documents.
In the case of application procedures using the support of external  recuritment services, contractual obligations may require that your application be kept longer. However,  your application will be deleted at the latest one year after  the end of the application procedure.  
Insofar as an employment relationship should be established between you  and us, we may process the personal data already received from you for the purposes of the  employment relationship in accordance with Section 26 (1) BDSG if this is necessary for the performance or  termination of the employment relationship or for exercising or fulfilling the rights and obligations  of the employees' representation of interests resulting from a law, an operating or  service agreement , or a collective agreement.
      
10. What rights do you have?  
As an applicant with us, you have the following data protection rights,  depending on the situation in individual cases, for the exercise of which you can contact us or our  data protection officer at any time using the information provided in Sections 1 and 2:
 
a) Enquiries  
You have the right to obtain information about your personal data  processed by us and to request access to your personal data and/or copies of these data. This includes  information on the purpose of use, the category of data used, its recipients and authorised persons and, if  possible, the planned duration of data storage or, if this is not possible, the criteria for determining this  duration;

b) Correction, deletion or limitation of processing
You have the right to request immediate correction of any inaccurate  personal data concerning you.

Taking into account the purposes of the processing, you have the right to  request the completion of incomplete personal data - also by means of a supplementary declaration.
      
c) Right of objection  
Insofar as the processing of personal data concerning you is based on  Art. 6 para 1 letter f GDPR, you have the right to object to the processing of such data at any time for  reasons arising from your particular situation. We will then no longer process this personal data unless we  can prove compelling reasons worthy of protection for the processing, which outweigh your interests,  rights and freedoms, or the processing serves to assert, exercise or defend legal claims.


d) Right of revocation  right of revocation

If the processing is based on consent, you have the right to revoke the  consent at any time without affecting the legality of the processing carried out on the basis of the  consent prior to revocation. You can contact us or our data protection officer at any time using the above  data.

e) Right of deletion
You have the right to request us to delete personal data concerning you  immediately and we are obliged to delete personal data immediately if one of the following reasons  applies:
The personal data are no longer necessary for the purposes for which they  were collected or otherwise processed .
  • They oppose processing in accordance with point 9.c  above and there are no overriding legitimate grounds for processing.
  • The  personal data have been processed unlawfully.
  • The deletion of personal data is necessary to fulfil  a legal obligation under Union law or the law of the Member States to which we are subject.  
This does not apply if processing is necessary:
  • to fulfil a legal obligation to process under the law of the Union or of the Member States to
  • to assert, exercise or defend legal claims which we are subject

f) Right to limitation of processing  
You have the right to request us to restrict processing if one of the  following conditions is met: 
  • the accuracy of your personal data is disputed, for a period of time that enables us to verify the accuracy of the personal data,
  •  the processing is unlawful and you reject the  deletion of the personal data and instead request that the use of the personal data be restricted;
  • we no longer need the personal data for the purposes  of processing, but you do need them to assert, exercise or defend legal claims, or
  • you have lodged an objection to the processing under  point 9.c above until it has been determined whether our legitimate reasons outweigh  yours.

Where processing has been restricted in accordance with point (e), such  personal data may only be processed - apart from storage - with your consent or for the purpose of  asserting, exercising or defending rights or protecting the rights of another  natural or legal person or on grounds of an important public interest of the Union or a Member State.
If you have obtained a restriction on processing, we will inform you  before the restriction is lifted.

g) Right of appeal  
Without prejudice to any other administrative or judicial remedy, you  have the right of appeal to a supervisory authority, in particular in the Member State where you are  resident, where you work, or where the suspected infringement occurred, if you believe that the processing  of personal data relating to you is contrary to the GDPR.

11. The need to provide personal data

The provision of personal data is neither required by law nor by  contract, nor are you obliged to provide the personal data. However, the provision of personal data is necessary  for the processing of your application or the conclusion of an employment contract with us. This  means that if you do not provide us with any personal data in  an application, we cannot enter into an employment relationship with you.  

12. General Terms of Use for the Applicant Portal
You can upload your documents in the applicant portal. Please fill out  the application form correctly. If your details change during the application process, please inform us  immediately.
You  can have your personal data deleted by us in the applicant portal at any time.  Please take into account the need to provide personal data in accordance with point 10.  
You are responsible for all content (files, images) that you upload to the  applicant portal. You are 
responsible for ensuring that no content that you upload to the applicant portal violates personal rights,
intellectual property rights and copyrights or other rights of third parties. Also, you may not distribute any
content for which you may be prosecuted.
You indemnify us and our affiliated companies against all claims for  damages from third parties arising 
from the disclosure of your password to third parties or from the conduct of illegal activities on your part
or on the part of third parties for which you are responsible.
We exclude our liability for slight negligence in accordance with these  terms of use. Liability is not excluded for injury to life, body or health or  in the event of intent or gross negligence.
      
13. Change of the data protection regulations  
We reserve 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 application process or other processes. In this case, the new data privacy statement applies to any later  visit of this recruitment website or any later job application.  

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.