DATA PRIVACY STATEMENT OF THE VIRTUAL MINDS CORPORATION
The following data privacy statement applies for the website www.vm.de as well as for the online job market jobs.vm.de. Your confidence in the correct handling of your data is for the virtual minds AG an important requirement for success. The processing of your data is exclusively done according to data protection regulations.
1. RESPONSIBLE AUTHORITY
The platforms listed above are operated by virtual minds AG, Ellen-Gottlieb-Str. 16 in 79106 Freiburg (subsequently named “we”, “Operator” or “us”) as the responsible authority, also for the following subsidiary companies (subsequently these subsidiaries will be named “group companies”). Exceptions are outlined in this data privacy statement. The group companies of the virtual minds AG are listed at the beginning of this page (see above).
2. GATHERING, PROCESSING AND USAGE OF PERSONAL DATA
Personal data is any information relating to an identified or identifiable natural person (e.g. name, address, phone number, date of birth, e-mail address, CV). In principle, you can use our online-offered services without using personal data, for example to gather information about vacant positions on our online job market. Using certain services may require providing personal data, e.g. online application. Mandatory fields are routinely marked with an *.
2.2 PURPOSES OF PROCESSING
We process your personal data for the following purposes and according to the legal basis:
Provision of these online services, including in particular:
- Displaying job offers of the group companies;
- Displaying information about the process of application;
- Providing the possibility to apply online;
- Providing a feature to transfer the information from your own XING and LinkedIn account to the online application.
2.3 PROCESSING OF (APPLICATION) DATA
Your application data, which you share with us using the online portal or the contact form, is processed and used only for the process of application, i.e. for the purpose of saving, analysing, allocating and internal transferring of your application and for contacting you. Within the process of application your application data is available for the respective recruiters of the virtual minds AG and the group companies and are provided to the leaders of the respective specialist department. Your application data will not be transferred to any third persons outside of the virtual minds group.
When you have entered your application data and CV and have uploaded your certificates and pushed the button “Submit application”, your application data is transferred through an encrypted connection and saved on a server in Germany; the server is hosted and administered by a service provider under our charge.
As an applicant management system we refer to the company softgarden. Please find information about processing and saving on the website.
Furthermore, for your application, we offer the option to transfer information from your Xing- and LinkedIn- account. If you use this feature you will be asked to register on the respective platform and to grant the virtual minds AG via softgarden access to your information from your account. Responsible for this transaction is Xing or LinkedIn and exclusively their respective data privacy statements apply.
If you contact the Operator via a form, the data entered in the contact form will be encrypted on the server of the Operator and transmitted to the Operator by email. There is no further automated processing of your personal data in this respect. The transmitted personal data pertaining to you will be used only for processing your request. Responses are generally sent by email, which will also be transmitted in encrypted form insofar as your mail service provider supports this feature. After final processing of the request, your personal data that you entered in the contact form or in a response to the Operator will be deleted. This does not apply if the data is still required for the performance of the contract or statutory retention obligations. In this respect, however, the processing of your data is restricted.
The virtual minds AG takes all appropriate steps to ensure that your application is treated accurately and completely. Therefore, however, your application data needs to be truthful, up-to-date and complete. So please inform us about any possible change of your application data immediately. You can do this via firstname.lastname@example.org.
2.4 TRANSFER OF DATA TO THIRD PERSONS; SERVICE PROVIDERS
2.4.1 TRANSFER OF DATA TO THIRD PERSONS
As a basic principle, your personal data will only be transferred to third persons if this is necessary to fulfil the contract, we or the third person have an authorized interest in the transfer or your agreement is on hand. Insofar as data is transferred to third persons on basis of a legitimate interest this is outlined in this data privacy statement.
Furthermore, data can be transferred to third persons insofar as we should be obliged hereto on the basis of statutory regulations or enforceable administrative or court orders.
2.4.2 SERVICE PROVIDERS
We reserve the right to charge service providers with the collecting and processing of data. Service providers only obtain the personal data that they need for their concrete action from us. So, for example, your e-mail address can be transferred to a service provider to enable the delivery of an ordered newsletter. Service providers can also be tasked with providing server capacities. Service providers generally are involved as so-called “processors”(Auftragsverarbeiter) which are allowed to process the personal data of the user of these online services only according to our instructions.
2.5 TRANSFER OF DATA TO NON-EEA-COUNTRIES
We also transfer personal data to third persons or Processors located in non-EEA-countries. Prior to the transfer in these cases, we ensure that either the recipient has an appropriate level of data protection (for example through an adequacy decision of the European Commission for the respective country, through a self-certification of the recipient according to the EU-US-Privacy-Shield or the agreement on the EU standard contractual clauses between the EU and the recipient) or that a sufficient agreement of our users exists. You may receive an overview of the recipients in third countries and a copy of the concretely agreed regulations to guarantee the appropriate level of data protection from us. Hereto please use the information under the section “Contact”.
2.6 DURATION OF THE STORAGE; RETENTION PERIODS
We store your data for only as long as it is needed for the fulfilling of our online offer and related services, as long as we have an authorised interest in the further storage. In the case of the online job market this means that after a possible rejection we store your application data for a maximum of six months.
After expiration of the given deadlines, the attachments of your application are deleted irreversibly. It remains an anonymised data set of your application data so that no personal data stays available and thus no conclusions about your person can be drawn.
3. LOG FILES
With every use of the internet your web browser automatically submits certain data that we store in log files. We store these log files for six weeks to enable detection of disruptions and for security reasons (e. g. to clarify attempted attacks) and delete them afterwards. Log files whose further storage is necessary for evidence purposes are exempted from deletion until final clarification of the respective incident and can be handed on to investigative authorities in individual cases.
In log files the following information is stored in particular:
IP address (Internet Protocol address) of the end device from which the online services are accessed;
Internet address of the website from which the online service was retrieved (so-called origin- or referrer-URL);
Name of the service provider through which the online service is accessed;
Name of the retrieved files or information;
Date and time, as well as duration of the retrieval;
Transferred data volume;
Operating system and information about the used web browser, including installed add-ons (e.g. for the Flash Player);
http-status-code (e.g. “Request successful” or “requested file not found”).
Log files are also used for the web analysis.
4.1 WHAT ARE COOKIES?
Cookies are small text files which are sent when you vistit a website and stored in the user’s web browser. If the respective website is visited again, the user’s browser sends back the content of the cookies and the user can thus be recognised. Certain cookies are deleted automatically after termination of the browser session (so-called session cookies) other cookies are stored for a given time or permanently in the user’s browser and delete automatically afterwards (so-called temporary or permanent cookies).
4.2 WHICH DATA IS STORED IN COOKIES?
Basically, no personal data is stored in cookies, only online identifiers.
You can disable the storage of cookies in your browser settings and delete already stored cookies at any time in your browser. The relevant instructions for each browser can be found under the following links:
But please be aware that these online services possibly may not or not fully operate without cookies. Please be also aware that contradicting the creation of a user profile sometimes uses a so called “opt-out-cookie”. If you delete all cookies, your contradiction might no longer be considered and needs to be renewed again.
4.4 WHAT KIND OF COOKIES DO WE USE?
4.4.1 ABSOLUTELY NECESSARY COOKIES
Certain cookies are necessary to safely offer our online services. In this category are cookies that are used for identification and authentication of users; cookies that temporarily save specific user input (e.g. content of a shopping basket or an online form); cookies that save certain preferences of users (e.g. search or language settings); cookies that store data to ensure an undisturbed display of video and audio contents.
4.4.2 ANALYSIS COOKIES
We use Analysis Cookies to record and statistically evaluate our user’s performance (e.g. clicked advertising banners, visited sub-pages, posed search queries).
5. WEB ANALYSIS
We require statistical information about the usage of our online services to design it more user friendly, to carry out range measurements and to conduce market research.
For these purposes we use the following web analysis tool. The user profiles created by these tools with the help of Analysis Cookies or through the evaluation of the log files are not connected with personal data.
The providers of the tools process the data only as processors according to our instructions and not for own purposes. The tools either don’t use the IP addresses at all or shorten them directly after gathering them. For every tool you find information about the respective provider and how you can object to the gathering and processing of data by the tool. For tools working with the opt-out-cookies you have to consider that the opt-out feature refers to a specific device and browser and basically only applies to the currently used device and browser. Using a number of devices or browsers require you to have to set the opt-out on every single device and every used browser. Furthermore, you can avoid the creation of a user profile by generally disabling the usage of cookies.
5.1 GOOGLE ANALYTICS
Google Analytics is provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). We use Google Analytics with the additional feature also offered by Google to anonymise IP addresses. Here the IP address is generally shortened by Google already within the EU and only in exceptional cases first within the USA and is stored in every case only in the shortened version. You can object to the gathering and evaluation of your data by this tool by downloading and installing the browser plugin available below this link.
6. SOCIAL PLUGINS
This online service uses social Plugins (“Plugins”) of the following Providers:
To increase the protection of your data while visiting our online services, the plugins are integrated in a way that there is not yet a connection to the servers of the respective plugin provider when you retrieve a website of this online service. First, when you activate the plugins your browser establishes a direct connection to the servers of the respective plugin provider. Thus, the plugin provider obtains the information that your browser has retrieved from the respective website of our online service, even if you don’t have a user account of the respective provider or are not logged in at the moment. Log files (including the IP address) are transmitted directly from your browser to the server of the respective plugin provider and are possibly stored there. This server can be located outside of the EU and the EEA (e.g. in the U.S.A.). The plugins are independent add-ons of the plugin providers. Thus, we don’t have any influence on the range of data gathered and stored through the plugins by the plugin providers. If you don’t wish the plugin provider to receive and possibly store or process the gathered data of this online service you should not use the respective plugin. In general, you can completely prevent the loading of plugins with the help of add-ons to your browser, so-called script-blockers.
You find further information about the purpose and range of gathering and following processing and using of your data through plugin providers and about your rights and configuration options to protect your data in the data privacy statements of the respective provider.
7. USER’S RIGHTS (RIGHTS OF PERSONS AFFECTED)
7.1 RIGHTS OF PERSONS AFFECTED
You have the right to information – and under certain circumstances – rectification, erasure, restriction of processing or objection to processing of your personal data and – since 25th of May, 2018 – the right to data portability. Provided you have given us consent to process your data, you are at all times able to revoke it with impact on the future. The legality of the processing of your data until revocation remains unaffected.
If you are affected by processing of your personal data, you have rights vis-à-vis the party responsible for the data processing in accordance with data protection regulations. You can contact the Operator at any time in order to assert these rights for example by email to the aforementioned address. The same applies in the case of other questions regarding data protection by the Operator. In addition to the Operator, you may also contact the Data Protection Officer of the Operator: Attorney-at-Law Daniel Raimer at the Law Offices of Daniel Raimer in Düsseldorf. The contact details of the Data Protection Officer are available on his website’s Imprint page.
RIGHT OF OBJECTION TO DIRECT MARKETING
You can object the processing of your personal data for advertising purposes (“Werbewiderspruch”) at all times. Please be aware that for organisational reasons there might be an overlap of your revocation with the processing of your data within an already running campaign.
RIGHT OF OBJECTION BASED ON PERSONAL REASONS
For reasons arising from your specific situation, you have the right to object to the processing of personal data through the Operator as long as it is based on legitimate interests. We will then cease processing the personal data unless the Operator can provide legitimate and compelling reasons for the processing that outweigh your interests, rights and freedoms or the processing serves the establishment, exercise or defence of legal claims. Please use the information given under Contact to assert your rights. Please ensure thereby that we are able to definitively establish your identity.
7.2 RIGHT OF APPEAL AT REGULATORY AUTHORITY
You have the right to submit an appeal at the data protection authority. Therefore, you can address the data protection authority responsible at your place of residence or federal state or the data protection authority responsible for us. This is
The State Representative
for Data Protection and Freedom of Information Baden-Württemberg
Postfach 10 29 32, 70025 Stuttgart
Königstraße 10a, 70173 Stuttgart
Phone: 0711/61 55 41 – 0
Fax: 0711/61 55 41 – 15
7.3 RIGHT TO BE INFORMED
You have the right to request a confirmation by the Operator concerning whether your personal data is processed; if this is the case, you have the right to be informed about this data and the following information:
- the processing purposes;
- the categories of personal data that are processed;
- the recipients or categories of recipients to whom the data has been disclosed or will be disclosed;
- the planned duration for which the data is stored, or if this is not possible the criteria for the definition of this term;
- your rights under the data protection legislation;
- if the data is not collected from you, all available information about the origin of the data;
- the existence of an automated decision-making including profiling and meaningful information about it.
For the most part, you can already infer the information from this Data Privacy Statement. In addition, you can naturally contact the Operator for example at the aforementioned email address at any time. On request the Operator will provide you with a copy of the personal data that is subject to the processing. However, this applies only if it does not affect the rights and freedoms of other persons. If you submit the request electronically, your information will be provided in a standard electronic format unless you specify otherwise.
7.4 RIGHT TO RECTIFICATION
You have the right to request the immediate rectification of inaccurate personal data pertaining to you from the Operator. Taking into account the purposes of processing, you also have the right to demand the completion of incomplete personal data including by means of a supplementary declaration.
7.5 RIGHT TO ERASURE
You have the right to request the immediate erasure of personal data pertaining to you from the Operator. The Operator is obligated to immediately erase these data if any of the following reasons apply: (a) the data is no longer required for the purposes for which the data was collected or processed in any other way; (b) you revoke your consent on which the processing was based and there is a lack of any legal basis for the processing; (c) you object to the processing and there are no overriding legitimate reasons for the processing or your objection concerns direct marketing; (d) your personal data has been unlawfully processed; (e) the erasure is required to fulfil a legal obligation to which the Operator is subject or (f) the data was collected from an offer of information society services that was directly aimed at a child on the basis of the child’s consent.
The right to erasure will not apply if the processing is required for the following: (a) to exercise the right to freedom of expression and information; (b) in order to fulfil a legal obligation; (c) to perform a task in the public interest or (d) for the establishment, exercise or defence of legal claims. If this is the case, you may request the restriction of processing.
7.6 RIGHT TO RESTRICT PROCESSING
You have the right to request the restriction (blocking) of processing from the Operator if any of the following conditions apply: (a) you dispute the accuracy of your personal data, namely for a period that allows the Operator to verify the accuracy of this data; (b) the processing is unlawful and you reject the erasure of your data and instead request the restriction of the use of data; (c) the Operator no longer needs the personal data for the purposes of processing but instead for the establishment, exercise or defence of legal claims or (d) you objected to the processing, as long as it is not clear whether the legitimate reasons of the Operator override yours. The consideration of legitimate reasons is not required in the case of objection to the processing for direct marketing purposes.
If the processing was restricted, your personal data – apart from being stored – will be processed only with your consent or for the establishment, exercise or defence of legal claims, to protect the rights of any other person or for reasons of substantial public interest. If you have obtained a restriction of processing, you will be informed by the Operator before the restriction is lifted.
7.7 RIGHT TO DATA PORTABILITY
You have the right to receive your personal information that you have provided to the Operator in a structured, common and machine-readable format, and you have the right to transmit this data to another responsible person without interference from the Operator provided that the processing is based on your consent or a contract between you and the Operator and the processing is performed by means of automated procedures. In this respect, you have the right to insist that your personal data is directly transmitted from the Operator to another responsible person insofar as this is technically feasible and the rights and freedoms of others are not affected. Your right to erasure will remain unaffected. This right does not apply to processing that is required for the performance of a task carried out in the public interest.
The Operator will notify all recipients to whom the data has been disclosed of any rectification or erasure of your personal data or a restriction of processing unless this proves impossible or would involve disproportionate effort. The Operator will inform you of such recipients at your request. If the Operator has made the personal data public and is obliged to erase such data, the Operator will take appropriate measures taking into account the available technology and the implementation costs to inform third parties processing your personal data about your request to erase all links to this data or copies of the data.
virtual minds AG