Data Protection and Privacy Policy

for Website Visitors - for Candidates

Data Protection Declaration for Website Visitors

With the following data protection declaration we would like to inform you about the types of personal data (hereinafter also referred to as "data") we process, for what purposes and to what extent. The data protection declaration applies to all processing of personal data carried out by us, both in the context of providing our services and, in particular, on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter also referred to collectively as "online offer").

The terms used are not gender-specific.

Responsible person

Constares GmbH

Hansastraße 10

80686 Munich

Authorized representatives: Christian Limmer, Managing Director

E-mail address: info@constares.com

Telephone:+49 (89) - 125 039 830

Legal notice: www.constares.de/impressum.html

Contact data protection officer:

E-mail: datenschutz@constares.com

Mail: see person responsible / Imprint with the addition "Data protection"

To enable web pages to be called up via the Internet, data must be transferred from the server on which they are stored to the connected computer that wishes to access the content. For this purpose, the request to retrieve the data must also indicate to which recipient the information is to be transmitted from the server. For this purpose, all devices connected to the Internet are assigned so-called IP addresses. The IP address is transmitted automatically by the user's browser when a web page is called up.

For this purpose, the IP addresses of the users who call up our online offer and the data transmitted by the browser are processed by us.

The processing associated with the use of the functions of our online offer website described below is carried out to fulfill the tasks according to Art. 6 para. 1 lit. e, para. 2, para. 3 lit. b DSGVO.

Relevant legal basis

In the following, we share the legal bases of the General Data Protection Regulation (DSGVO), on the basis of which we process personal data. Please note that in addition to the regulations of the DSGVO, the national data protection regulations in your or our country of residence and domicile may apply. Furthermore, should more specific legal bases be relevant in individual cases, we will inform you of these in the data protection declaration.

National data protection regulations in Germany: In addition to the data protection regulations of the General Data Protection Regulation, national regulations on data protection apply in Germany. These include, in particular, the Act on Protection against Misuse of Personal Data in Data Processing (Federal Data Protection Act (BDSG)). In particular, the BDSG contains special regulations on the right to information, the right to erasure, the right to object, the processing of special categories of personal data, processing for other purposes and transmission, as well as automated decision-making in individual cases, including profiling. Furthermore, it regulates data processing for employment purposes (Section 26 BDSG), in particular with regard to the establishment, implementation or termination of employment relationships as well as the consent of employees. Furthermore, state data protection laws of the individual federal states may apply.

Security measures

We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the risk.

The measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as access to, input of, disclosure of, assurance of availability of and segregation of the data. Furthermore, we have established procedures to ensure the exercise of data subjects' rights, the deletion of data, and responses to data compromise. Furthermore, we already take the protection of personal data into account during the development or selection of hardware, software as well as procedures in accordance with the principle of data protection, through technology design and through data protection-friendly default settings.

Shortening of the IP address: If it is possible for us or if it is not necessary to store the IP address, we will shorten your IP address or have it shortened. In the case of IP address shortening, also known as "IP masking", the last two numbers of an IP address are deleted (in this context, the IP address is an identifier individually assigned to an Internet connection by the online access provider). The shortening of the IP address is intended to prevent or make it significantly more difficult to identify a person by their IP address.

SSL encryption (https): To protect your data transmitted via our online offer, we use SSL encryption. You can recognize such encrypted connections by the prefix https:// in the address line of your browser.

Transmission and disclosure of personal data

In the course of our processing of personal data, it may happen that the data is transferred to or disclosed to other bodies, companies, legally independent organizational units or persons. Recipients of this data may include, for example, payment institutions in the context of payment transactions, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases, we comply with the legal requirements and, in particular, conclude appropriate contracts or agreements that serve to protect your data with the recipients of your data.

Data transfer within the organization: We may transfer personal data to other entities within our organization or grant them access to such data. Where this transfer is for administrative purposes, the transfer of data is based on our legitimate business and operational interests or is made where it is necessary to fulfill our contract-related obligations or where we have the consent of the data subjects or legal permission.

Data processing in third countries

If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA)) or the processing takes place in the context of the use of third-party services or the disclosure or transfer of data to other persons, bodies or companies, this will only be done in accordance with the legal requirements.

Subject to express consent or contractually or legally required transfer, we only process or have data processed in third countries with a recognized level of data protection, contractual obligation through so-called standard protection clauses of the EU Commission, in the presence of certifications or binding internal data protection regulations (Art. 44 to 49 DSGVO, information page of the EU Commission: ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de).

Deletion of data

The data processed by us will be deleted in accordance with the legal requirements as soon as their consents permitted for processing are revoked or other permissions cease to apply (e.g. if the purpose of processing this data has ceased to apply or it is not necessary for the purpose).

If the data are not deleted because they are required for other and legally permissible purposes, their processing is limited to these purposes. I.e. the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law (usually 10 years) or whose storage is necessary for the assertion, exercise or defense of legal claims or to protect the rights of another natural or legal person.

Further information on the deletion of personal data can also be found in the individual data protection notices of this privacy policy.

Provision of the online offer and web hosting

In order to provide our online offer securely and efficiently, we use the services of one or more web hosting providers from whose servers (or servers managed by them) the online offer can be accessed. For these purposes, we may use infrastructure and platform services, computing capacity, storage space and database services, as well as security services and technical maintenance services.

The data processed in the course of providing the hosting service may include all information relating to the users of our online service that is generated in the course of use and communication. This regularly includes the IP address, which is necessary to be able to deliver the contents of online offers to browsers, and all entries made within our online offer or from websites.

E-mail sending and hosting: The web hosting services we use also include the sending, receiving and storing of e-mails. For these purposes, the addresses of the recipients and senders as well as further information regarding the e-mail dispatch (e.g. the providers involved) and the contents of the respective e-mails are processed. The aforementioned data may also be processed for SPAM detection purposes. Please note that e-mails are generally not sent encrypted on the Internet. As a rule, e-mails are encrypted in transit, but (unless a so-called end-to-end encryption method is used) not on the servers from which they are sent and received. Therefore, we cannot assume any responsibility for the transmission path of the e-mails between the sender and the reception on our server.

Collection of access data and log files: We (or our web hosting provider) collect data on each access to the server (so-called server log files). The server log files may include the address and name of the web pages and files accessed, the date and time of access, the amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page) and, as a rule, IP addresses and the requesting provider.

The server log files may be used, on the one hand, for security purposes, e.g. to prevent server overload (especially in the event of abusive attacks, so-called DDoS attacks) and, on the other hand, to ensure the utilization of the servers and their stability.

Types of data processed: Content data (e.g. text input), usage data (e.g. web pages visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
Data subjects: Users (e.g., website visitors, users of online services).
Legal grounds: legitimate interests (Art. 6 para. 1 p. 1 lit. f. DSGVO).

Contacting

When contacting us (e.g. e-mail, telephone), the information of the inquiring persons is processed to the extent necessary to respond to the contact requests and any requested measures.

Contact requests in the context of contractual or pre-contractual relationships are answered in order to fulfill our contractual obligations or to respond to (pre)contractual requests and otherwise on the basis of legitimate interests in responding to the requests.

Types of data processed: Name, contact and address data (e.g. e-mail, telephone numbers, address), content data (e.g. text input).
Data subjects: Communication partners.
Purposes of processing: contact requests and communication, management and response to requests.
Legal basis: Contract fulfillment and pre-contractual inquiries (Art. 6 para. 1 p. 1 lit. b. DSGVO), legitimate interests (Art. 6 para. 1 p. 1 lit. f. DSGVO).

Video conferencing, online meetings, webinars and screen sharing.

We use platforms and applications of other providers (hereinafter referred to as "Third Party Providers") for the purpose of conducting video and audio conferences, webinars and other types of video and audio meetings. When selecting the third-party providers and their services, we observe the legal requirements.

In this context, data of the communication participants are processed and stored on the servers of the third-party providers, insofar as these are part of communication processes with us. This data may include, in particular, registration and contact data, visual as well as vocal contributions and entries in chats and shared screen contents.

If users are referred to the third-party providers, or their software or platforms, in the course of communication, business or other relationships with us, the third-party providers may process usage data and metadata for security, service optimization or marketing purposes. We therefore ask you to observe the data protection notices of the respective third-party providers.

As a matter of principle, we do not record job interviews.

Notes on legal bases: If we ask users for their consent to use the third-party providers or certain functions (e.g. chat function), the legal basis of the processing is consent. Furthermore, their use may be a component of our (pre)contractual services, provided that the use of the third-party providers has been agreed within this framework. Otherwise, user data is processed on the basis of our legitimate interests in efficient and secure communication with our communication partners.

Types of data processed: inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. text entries, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
Data subjects: Communication partners, users (e.g. website visitors, users of online services).
Purposes of processing: contractual performance and service, contact requests and communication, office and organizational procedures.
Legal basis: consent (Art. 6 para. 1 p. 1 lit. a DSGVO), contract performance and pre-contractual measures (Art. 6 para. 1 p. 1 lit. b DSGVO, § 26 BDSG), legitimate interests (Art. 6 para. 1 p. 1 lit. f DSGVO).

Services used and service providers:

Teams: messenger and conferencing software; service providers: Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399 USA; Website: www.microsoft.com/de-de/, www.microsoft.com/de-de/microsoft-365/microsoft-teams/group-chat-software; Privacy Policy: privacy.microsoft.com/de-de/privacystatement;
Microsoft Bookings: booking and management of online appointments (job interviews); service provider: Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399 USA; website:https://www.microsoft.com/de-de/microsoft-365/business/scheduling-and-booking-app; privacy policy:https://privacy.microsoft.com/de-de/privacystatement

Cloud services

We use software services accessible via the Internet and running on the servers of their providers (so-called "cloud services", also referred to as "software as a service") for the following purposes: document storage and management, calendar management, e-mailing, spreadsheets and presentations, exchange of documents, content and information with specific recipients or publication of web pages, forms or other content and information, as well as chats and participation in audio and video conferences.

In this context, personal data may be processed and stored on the servers of the providers to the extent that these are part of communication processes with us or are otherwise processed by us as set out in the context of this privacy policy. This data may include, in particular, master data and contact data of users, data on transactions, contracts, other processes and their contents. The cloud service providers also process usage data and metadata used by them for security purposes and service optimization.

If we use the cloud services to provide forms or other documents and content to other users or publicly accessible websites, the providers may store cookies on the users' devices for the purpose of web analytics or to remember users' settings (e.g., in the case of media control).

Notes on legal bases: If we ask for consent to use the cloud services, the legal basis of the processing is consent. Furthermore, their use may be a component of our (pre)contractual services, provided that the use of the cloud services has been agreed within this framework. Otherwise, user data is processed based on our legitimate interests (i.e., interest in efficient and secure management and collaboration processes)

Types of data processed: inventory data (e.g., names, addresses), contact data (e.g., email, phone numbers), content data (e.g., text input, photographs), usage data (e.g., web pages visited, interest in content, access times), meta/communication data (e.g., device information, IP addresses).
Data subjects: Customers, employees (e.g. employees, applicants, former employees), prospective customers, communication partners.
Purposes of processing: office and organizational procedures.
Legal bases: consent (Art. 6 para. 1 p. 1 lit. a DSGVO), contract performance and pre-contractual requests (Art. 6 para. 1 p. 1 lit. b. DSGVO), legitimate interests (Art. 6 para. 1 p. 1 lit. f. DSGVO).

Services used and service providers:

Salesforce: management of contact requests and communication; service provider: salesforce.com Germany GmbH, Erika-Mann-Str. 31, 80636 Munich, Germany; website: www.salesforce.com/de/; privacy policy: www.salesforce.com/de/company/privacy/

Commercial and business services

We process data of our contractual and business partners, e.g. customers and prospective customers (collectively referred to as "contractual partners") in the context of contractual and comparable legal relationships as well as related measures and in the context of communication with contractual partners (or pre-contractual), e.g. to answer inquiries.

We process this data to fulfill our contractual obligations, to secure our rights and for the purposes of the administrative tasks associated with this information as well as for business organization. Within the framework of the applicable law, we only pass on the data of the contractual partners to third parties to the extent that this is necessary for the aforementioned purposes or for the fulfillment of legal obligations or with the consent of the contractual partners (e.g. to participating telecommunications, transport and other auxiliary services as well as subcontractors, banks, tax and legal advisors, tax authorities). The contractual partners will be informed about further forms of processing, e.g. for marketing purposes, within the scope of this data protection declaration.

We inform the contractual partners which data is required for the aforementioned purposes before or in the course of data collection, e.g. in online forms, by means of special marking (e.g. colors) or symbols (e.g. asterisks or similar), or in person.

We delete the data after the expiry of legal warranty and comparable obligations, i.e. generally after 3 years, unless the data is stored in a customer account, e.g. as long as it must be kept for legal archiving reasons (e.g. for tax purposes generally 10 years).

Insofar as we use third-party providers or platforms to provide our services, the terms and conditions and data protection notices of the respective third-party providers or platforms apply in the relationship between the users and the providers.

Presence in social networks (social media)

We maintain online presences within social networks and process user data in this context in order to communicate with users active there or to offer information about us.

We would like to point out that user data may be processed outside the European Union. This may result in risks for the users because, for example, it could make it more difficult to enforce the rights of the users.

Furthermore, user data is usually processed within social networks for market research and advertising purposes. For example, usage profiles can be created based on the usage behavior and resulting interests of the users. The usage profiles can in turn be used, for example, to place advertisements within and outside the networks that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the users' computers, in which the usage behavior and interests of the users are stored. Furthermore, data independent of the devices used by the users may also be stored in the usage profiles (especially if the users are members of the respective platforms and are logged in to them).

For a detailed presentation of the respective forms of processing and the options to object (opt-out), we refer to the privacy statements and information provided by the operators of the respective networks.

In the case of requests for information and the assertion of data subject rights, we also point out that these can be asserted most effectively with the providers. Only the providers have access to the users' data and can take appropriate measures and provide information directly.

Types of data processed: inventory data (e.g., names, addresses), contact data (e.g., e-mail, telephone numbers), content data (e.g., text input, photographs, videos), usage data (e.g., websites visited, interest in content, access times), meta/communication data (e.g., device information, IP addresses).
Data subjects: Users (e.g., website visitors, users of online services).
Purposes of processing: contact requests and communication, tracking (e.g. interest/behavioral profiling, use of cookies), remarketing.
Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f. DSGVO).

Services used and service providers:

LinkedIn: social network; service provider: LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland; Website: www.linkedin.com; Privacy policy: www.linkedin.com/legal/privacy-policy; Opt-out: www.linkedin.com/psettings/guest-controls/retargeting-opt-out.
Xing: Social network; service provider: XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany; Website: www.xing.de; Privacy policy: privacy.xing.com/de/datenschutzerklaerung.

Data Protection Declaration for Candidates

Personal data in the context of the application process

Personal data is information about the personal or factual circumstances of an identified or identifiable natural person. This includes information such as your name, address, telephone number and date of birth, but also data about your specific career, etc., which can be assigned to a specific person with reasonable effort.

Application procedure

We process your applicant data exclusively for the purpose of and within the scope of the application procedure in accordance with the legal requirements. Applicant data is processed in order to fulfill our (pre)contractual obligations within the scope of the applicant selection process in accordance with Art. 6 para. 1 lit. b. DSGVO as well as § 26 BDSG, insofar as data processing becomes necessary for us, e.g. in the context of legal procedures.

The application procedure requires applicants to send us their application documents. The required applicant data are marked in the online form and otherwise result from the job descriptions. In principle, this includes personal details, address and contact data, as well as the documents relating to the application, such as cover letter, curriculum vitae and certificates. In addition, applicants may voluntarily provide us with additional information.

By submitting their application to us, applicants consent to the processing of their data for the purposes of the applicant selection process in the manner and to the extent set out in this privacy policy.

Insofar as special categories of personal data within the meaning of Art. 9 (1) DSGVO are voluntarily communicated within the scope of the application procedure, their processing is additionally carried out in accordance with Art. 9 (2) lit. b DSGVO (e.g. health data, severely disabled status or ethnic origin). Insofar as special categories of personal data within the meaning of Art. 9 (1) DSGVO are requested from applicants as part of the application process, their processing is additionally carried out in accordance with Art. 9 (2) a DSGVO (e.g. health data if this is necessary for the exercise of the profession).

Applicants can submit their applications to us using an online form on our website. The data is transmitted to us in encrypted form in accordance with the state of the art. Applicants can also send us their applications by e-mail. However, please note that e-mails are generally not encrypted and applicants must ensure that they are encrypted themselves. In addition to applying via the online form and by e-mail, you also have the option of sending us your application by mail.

If the application for a job offer is not successful, the applicants' data will be deleted. Applicants' data will also be deleted if an application is withdrawn, which applicants are entitled to do at any time.

Subject to a justified withdrawal by the applicants, the deletion will take place after the expiry of a period of six months so that we can answer any follow-up questions about the application and satisfy our obligations to provide evidence under the Equal Treatment Act. Invoices for any reimbursement of travel expenses are archived in accordance with tax law requirements.

Types of data processed: applicant data (e.g. personal details, address and contact data, CV, certificates and other information provided with regard to a specific position or voluntarily by applicants regarding their person or qualifications).
Data subjects: Applicants
Purposes of processing: Applicant selection procedure
Legal basis: Art. 6 para. 1 lit. b DSGVO in conjunction with Section 26 para. 1 BDSG, legitimate interests (Art. 6 para. 1 p. 1 lit. f DSGVO).

We use the following third-party providers to carry out the online application process:

Services used and service providers:

Salesforce: applicant management system and candidate database; service provider: salesforce.com Germany GmbH, Erika-Mann-Str. 31, 80636 Munich; website: www.salesforce.com/de/; privacy policy: https://www.salesforce.com/de/company/privacy/

Talent pool

As part of the application process, we offer applicants the opportunity to be included in our "applicant pool" for a period of five years on the basis of consent within the meaning of Art. 6 (1) a and Art. 7 DSGVO.

The application documents in the applicant pool will be processed solely in the context of future job advertisements and will be destroyed at the latest after the period of one year. Inclusion in the talent pool is voluntary and has no influence on the current application process. This consent is voluntary and can be revoked at any time for the future.

Rights of the data subjects

As a data subject, you are entitled to various rights under the GDPR, which arise in particular from Artt. 15 to 21 GDPR:

Right to object: you have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Art. 6(1)(e) or (f) DSGVO; this also applies to profiling based on these provisions. If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.
Right to withdraw consent: You have the right to revoke any consent given at any time.
Right to information: you have the right to request confirmation as to whether data in question is being processed and to information about this data, as well as further information and a copy of the data in accordance with the legal requirements.
Right to rectification: you have the right, in accordance with the law, to request that data concerning you be completed or that inaccurate data concerning you be rectified.
Right to erasure and restriction of processing: In accordance with the legal requirements, you have the right to demand that data concerning you be deleted without delay, or alternatively, in accordance with the legal requirements, to demand restriction of the processing of the data.
Right to data portability: You have the right to receive data concerning you, which you have provided to us, in a structured, common and machine-readable format in accordance with the legal requirements, or to request its transfer to another controller.
Complaint to supervisory authority: you also have the right, in accordance with the law, to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, your place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

Amendment and update of the privacy policy

We ask you to regularly check the content of our Privacy Policy. We will adapt the Privacy Policy as soon as the changes in the data processing activities carried out by us make it necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g. consent) or other individual notification.

Insofar as we provide addresses and contact information of companies and organizations in this data protection declaration, we ask you to note that the addresses may change over time and ask you to check the information before contacting us.

(June 23, 2022)