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

Applicants Data Protection Declaration

A. General Provisions

I. Introduction
In the following, we inform you about the processing of your personal data in the course of your application process. Personal data means any information relating to an identified or identifiable natural person.
We reserve the right to adapt this data protection declaration with effect for the future. We recommend that you read the data protection declaration from time to time and keep a printout or copy for your records.

II. Controller/data protection officer
The data controller pursuant to Art. 4(7) of the EU General Data Protection Regulation (“GDPR”) is Marvel Fusion GmbH, Blumenstraße 28, 80331 Munich, Germany, represented by the CEO Moritz von der Linden, info@marvelfusion.io (herein referred to as “we” or “us”).
You can reach our data protection officer at privacy@marvelfusion.io or our above postal address with the addition “the data protection officer”.

III. Which personal data to we process?
We may process in particular the following personal data from you:

Identity and contact data, including name, title, address, email address, telephone number, date of birth, employment history, education and/or professional background, tax status, job title and function, and other personal data relevant to the relationship between you and us;
Where applicable: information that we have come into contact with you through our recruiting website/a recruiter; and
Where applicable (e.g. for reimbursements): financial information, including your bank account information and other information necessary to process payments.

There is no obligation to provide us with your personal data. However, if personal data is required for processing your application, the provision is necessary if you wish to apply for a job with us.

IV. How do we collect your personal data?
We may collect your personal data in particular under the following circumstances:

When you contact us by telephone, email, our recruiting website or other electronic means or in writing, or when you provide us with other information directly; and
When the personal data is provided to us by a third party (such as a recruiter or a member or your organization).

V. For which purposes do we process your personal data?
We may process your personal data in particular for the following purposes:

Identifying you as a (prospective) applicant;
Correspondence with you;
Evaluating your qualifications to fill vacancies;
Informing you about a vacancy for which you might want to apply;
Carrying out the application process;
Internal statistics;
Paying compensation for travel expenses;
In the course of an employment relationship with you; and
Exercising and defending our legal rights and complying with court orders.

VI. Legal Basis
The legal basis for processing your personal data includes one or more of the following:

Sec. 26(1) German Federal Data Protection Act;
You have given consent to the processing of your personal data for one or more specific purposes (Art. 6 (1)(1)(a) GDPR);
Processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract (Art. 6 (1)(1)(b) GDPR);
Processing is necessary for legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms (Art. 6 (1)(1)(f) GDPR).

VII. Who can access your personal data?
Depending on the specific situation, your personal data may be accessed by our management team, the department you are applying to work with, and our legal, finance, accounting, and HR teams.
In addition, we may disclose your personal data to third parties, including our contractors in connection with services they perform for us, e.g. data processing service providers such as Microsoft, Kumavision, Personio, professional advisors or consultants. We may further disclose your personal data to courts, law enforcement agencies, and government authorities.
This may include recipients in countries outside the European Economic Area that do not offer the same level of data protection as the country in which you are located and whose level of data protection has not been recognized as adequate by the European Commission. Such transfers will only be conducted if the requirements pursuant to Art. 44 et seq. GDPR are met, in particular if standard contractual clauses have been entered into and respective transfer impact assessments have been conducted or if you have given your consent pursuant to Art. 49(1)(1)(a) GDPR.

VIII. Security of Processing
We use appropriate technical and organizational measures to protect your personal data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.

IX. Your rights
You have the following rights with regard to your personal data:

Right of access (Art. 15 GDPR);
Right to rectification (Art. 16 GDPR) or erasure (Art. 17 GDPR);
Right to restriction of processing (Art. 18 GDPR);
Right to object to processing (Art. 21 GDPR);
Right to withdraw consent (Art. 7(3) GDPR); and
Right to receive the personal data in a structured, commonly used and machine-readable format and have those personal data be transmitted to another controller if the prerequisites of Art. 20(1)(a,b) GDPR are met.

You can exercise your rights by notifying the contacts listed in section 2 above. You also have the right to complain to a data protection supervisory authority about the processing of your personal data by us (Art. 77 GDPR).

X. How long to we retain your personal data?
We will delete your personal data collected before you submit an application (e.g., e -mail correspondence with you) at the latest within two years after they have been collected, unless an employment contract is entered into between you and us or you have given consent to longer retention.
If your application results in employment, then your personal data will be used for setting up the employment contract and stored in our personnel management system for the duration of the employment.
If your application does not result in an employment relationship, we will delete your personal data collected in connection with your application three months after the application process has been completed (except for title, name, position applied for, date of application/rejection, outcome of the application process), unless you have given us your consent in accordance with Art. 6(1)(1)(a) GDPR for longer-term storage of your personal data to be able to consider you for new job offers.

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.