Privacy Policy, 16 October, 2023

The Privacy Policy below applies to the UK only. To read our full Privacy Policy for your country, including French, German, Italian, Hungarian, Greek, Romanian, Dutch, Croatian, Serbian, Russian, Indonesian, Japanese, Turkish, Czech, Bulgarian, Swedish, Slovenian, Portuguese, Maltese, Latvian, Lithuanian, Irish, Finnish, Danish, Arabic, English (Californian-specific), UAE, Chinese and India-specific, click here.

In the following, “GDPR” shall automatically include the “UK-GDPR” and corresponding legal provisions of the Swiss Federal Data Protection Act (FDPA) and any laws and regulations enacted by Member States and/or other jurisdictions, if required or necessary to comply with these laws.

This document also includes the California-Specific Description of Consumers’ Privacy Rights of the Business (CCPA/CPRA), and transparency information regarding PDPL (United Arab Emirates), PIPL (People’s Republic of China), DPDPA (India) and other laws identified below.

The information contained in this Transparency Document shall also inform all data subjects, including business partners, suppliers and customers and their employees, our employees and job applicants, from all other jurisdictions that are not named or mentioned specifically. If you miss information regarding your jurisdiction, please contact Heiko Jonny Maniero (info@dg- datenschutz.de). He will provide you with additional country or state specific information regarding your specific jurisdiction.

A. Identity and the contact details of the Controller (Art. 13 I lit. a, 14 I lit. a GDPR/UK-GDPR, FDPA) and the Business under CCPA/CPRA, PDPL, PIPL, DPDPA and under other laws identified below or applicable to the data subject.

For all customer1, supplier, employee and applicants’ data in possession of the following company and related processing activities the Controller/Business is:

Psycapps Ltd Royal Street 1 SE1 7LL London

or the company or business you received an email or other communication from, identified with is details in such email or other communication.

B. Contact details of the Data Protection Officer (Art. 13 I lit. b, 14 I lit. b GDPR/UK-GDPR) and the Business under CCPA/CPRA, PDPL, PIPL, DPDPA and under other laws identified below or applicable to the data subject.

Prof. Dr. h.c. Heiko Jonny Maniero, LL.B., LL.M. mult., M.L.E.* Franz-Joseph-Str. 11

80801 München (Germany)

Phone: +49 (0) 8131-77987-0

Email: info@dg-datenschutz.de Website: https://dg-datenschutz.de/

*Obligatory information, please see our website.

C. Identity and contact details of all non-EU controller’s EU representative (Article 27 GDPR)

Heiko Maniero E-Mail: info@dg-datenschutz.de

Franz-Joseph-Str. 11, 80801 München, Bayern, Germany.

D. Identity and contact details of controller’s UK representative (Article 27 UK-GDPR)

Heiko Maniero E-Mail: info@dg-datenschutz.de

120 High Road, East Finchley, N2 9ED, London, England, United Kingdom.

E. Identity and contact details of controller’s representative in Switzerland (Art. 14 FDPA)

Heiko Maniero E-Mail: info@dg-datenschutz.de

c/o Cancellarius AG, Attn. Heiko Maniero, Pflanzschulstrasse 3, 8400 Winterthur, Switzerland.

F. Identity and contact details of the data protection advisor Switzerland (Art. 10 FDPA)

Antoine Parella E-Mail: office@cancellarius.ch

c/o Cancellarius AG, Attn. Antoine Parella, Pflanzschulstrasse 3, 8400 Winterthur, Switzerland.

G. Contact person, who is authorized to respond to inquiries or complaints regarding the personal information processing (Art. 6 (1) of the Standard Contract for Outbound Cross-border Transfer of Personal Information for China)

Heiko Maniero E-Mail: info@dg-datenschutz.de

Franz-Joseph-Str. 11, 80801 München, Bayern, Germany.

H. Identity and contact details of the controller’s contact person for CCPA/CPRA inquiries.

Heiko Maniero E-Mail: info@dg-datenschutz.de

Franz-Joseph-Str. 11, 80801 München, Bayern, Germany.

USA & Canada Toll Free +1 (800) 2958960

(Direct Line to the Privacy Officer – For CCPA/CPRA enquiries only)

I. Data Protection Supervisory Authorities

The following data protection supervisory authorities are responsible for the Controller/Business.

EU Lead Data Protection Supervisory Authority (Responsible for EU Data Subjects)

Bayerisches Landesamt für Datenschutzaufsicht, Promenade 18, 91522 Ansbach

Data Protection Authority of Switzerland (Responsible for Data Subjects from Switzerland)

Eidgenössischer Datenschutz- und Öffentlichkeitsbeauftragter, Feldeggweg 1, 3003 Bern, Switzerland.

UK Data Protection Supervisory Authority (Responsible for Data Subjects from the UK)

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, United Kingdom.

California Privacy Protection Agency (CPPA) (Responsible for Data Subjects from California)

California Privacy Protection Agency (CPPA), 2101 Arena Blvd, Sacramento, CA 95834, USA.

Data Protection Authority of the United Arab Emirates (Responsible for Data Subjects from UAE)

UAE Data Office at (https://tdra.gov.ae/en/) at Data Telecommunications and Digital Government Regulatory Authority (https://tdra.gov.ae/en/).

Data Protection Authority of China (Responsible for Data Subjects from China)

Cyberspace Administration of China (CAC) (http://www.cac.gov.cn/) with its local branches.

Information about the Processing of Personal Data (Article 13, 14 GDPR)

The personal data of every individual who is in a contractual, pre-contractual or other relationship with our company deserve special protection. Our goal is to keep our data protection level to a high standard. Therefore, we are constantly developing our data protection and data security concepts.

Of course, we comply with the statutory provisions on data protection. According to Article 13, 14 GDPR, controllers meet specific information requirements when collecting personal data. This document fulfills these obligations.

The terminology of legal regulations is complicated. Unfortunately, the use of legal terms could not be dispensed with in the preparation of this document. Therefore, we would like to point out that you are always welcome to contact us for all questions concerning this document, the used terms or formulations.

1. Compliance with the information requirements when personal data is collected from the data subject (Article 13 GDPR)

A. Identity and the contact details of the controller (Article 13(1) lit. a GDPR)

See above

B. Contact details of the Data Protection Officer (Article 13(1) lit. b GDPR)

See above

C. Purposes of the processing for which the personal data are intended as well as the legal basis for the processing (Article 13(1) lit. c GDPR)
The purpose of the processing of personal data is the handling of all operations which concern the controller, customers, prospective customers, business partners or other contractual or pre-contractual relations between the named groups (in the broadest sense) or legal obligations of the controller.

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre- contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR.

In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR.

Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

D. Where the processing is based on Article 6(1) lit. f GDPR the legitimate interests

pursued by the controller or by a third party (Article 13(1) lit. d GDPR)

Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

E. Categories of recipients of the personal data (Article 13(1) lit. e GDPR)

Public authorities External bodies Further external bodies Internal processing Intragroup processing Other bodies

F. Recipients in a third country and appropriate or suitable safeguards and the means by which to obtain a copy of them or where they have been made available (Article 13(1) lit. f, 46(1), 46 (2) lit. c GDPR)

All companies and branches that are part of our group (hereinafter referred to as “group companies”) that have their place of business or an office in a third country may belong to the recipients of personal data. A list of all group companies or recipients can be requested from us.

According to Article 46(1) GDPR a controller or processor may transfer personal data only to a third country if the controller or processor has provided appropriate safeguards, and on condition that enforceable data subject rights and effective legal remedies for data subjects are available. Appropriate safeguards may be provided without requiring any specific authorisation from a supervisory authority by means of standard contractual clauses, Article 46(2) lit. c GDPR.

The standard contractual clauses of the European Union or other appropriate safeguards are agreed on with all recipients from third countries before the first transmission of personal data. Consequently, it is ensured that appropriate safeguards, enforceable data subject rights and effective legal remedies for data subjects are guaranteed. Every data subject can obtain a copy of the standard contractual clauses from us. The standard contractual clauses are also available in the Official Journal of the European Union.

G. Period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period (Article 13(2) lit. a GDPR)
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

H. Existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability (Article 13(2) lit. b GDPR)
All data subjects have the following rights:

Right to access

Each data subject has a right to access the personal data concerning him or her. The right to access extends to all data processed by us. The right can be exercised easily and at reasonable intervals, in order to be aware of, and verify, the lawfulness of the processing (Recital 63 GDPR). This right results from Art. 15 GDPR. The data subject may contact us to exercise the right to access.

Right to rectification

According to Article 16 Sentence 1 GDPR the data subject has the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Moreover, Article 16 Sentence 2 GDPR provides that the data subject is entitled, taking into account the purposes of the processing, to have incomplete personal data completed, including by means of providing a supplementary statement. The data subject may contact us to exercise the right of rectification.

Right to erasure (right to be forgotten)

In addition, data subjects are entitled to a right to erasure and to be forgotten under Art. 17 GDPR. This right can also be exercised by contacting us. At this point, however, we would like to point out that this right does not apply insofar as the processing is necessary to fulfill a legal obligation to which our company is subject to, Article 17(3) lit. b GDPR. This means that we can approve an application to erase only after the expiration of the statutory retention period.

Right to restriction of processing

According to Article 18 GDPR any data subject is entitled to a restriction of processing. The restriction of processing may be demanded if one of the conditions set out in Article 18(1) lit. a-d GDPR is fulfilled. The data subject may contact us to exercise the right to restriction of processing.

Right to object

Furthermore, Art. 21 GDPR guarantees the right to object. The data subject may contact us to exercise the right to object.

Right to data portability

Art. 20 GDPR grants the data subject the right to data portability. Under this provision, the data subject has under the conditions laid down in Article 20(1) lit. a and b GDPR the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided. The data subject may contact us to exercise the right to data portability.

I. The existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal, where the processing is based on Article 6(1) lit. a GDPR or Article 9(2) lit. a GDPR (Article 13(2) lit. c GDPR)

If processing of personal data is based on Art. 6(1) lit. a GDPR, which is the case, if the data subject has given consent to the processing of personal data for one or more specific purposes or is it based on Article 9(2) lit. a GDPR, which regulates the explicit consent to the processing of special categories of personal data, the data subject has according to Article 7(3) Sentence 1 GDPR the right to withdraw his or her consent at any time.

Withdraw of consent shall not affect the lawfulness of processing based on consent before its withdrawal, Article 7(3) Sentence 2 GDPR. It shall be as easy to withdraw as to give consent, Art. 7(3) Sentence 4 GDPR. Therefore, the withdrawal of consent can always take place in the same way as consent has been given or in any other way, that is considered by the data subject to be simpler. In todays information society, probably the simplest way to withdraw consent is a simple email. If the data subject wishes to withdraw his or her consent granted to us, a simple email to us is sufficient. Alternatively, the data subject may choose any other way to communicate his or her withdraw of consent to us.

J. Right to lodge a complaint with a supervisory authority (Article 13(2) lit. d, 77(1) GDPR)
As the controller, we are obliged to notify the data subject of the right to lodge a complaint with a supervisory authority, Article 13(2) lit. d GDPR. The right to lodge a complaint with a supervisory authority is regulated by Article 77(1) GDPR. According to this provision, without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes the General Data Protection Regulation. The right to lodge a complaint with a supervisory authority was only limited by the law of the Union in such way, that it can only be exercised before a single supervisory authority (Recital 141 Sentence 1 GDPR). This rule is intended to avoid double complaints of the same data subject in the same matter. If a data subject wants to lodge a complaint about us, we therefore asked to contact only a single supervisory authority.

K. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data (Art. 13(2) lit. e GDPR)

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner).

Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded.

Before personal data is provided by the data subject, the data subject must contact us. We clarify to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

L. Existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject (Article 13 (2) lit. f GDPR)

As a responsible company, we do not use automatic decision-making or profiling.

V. Compliance with the information requirements when personal data is not collected from the data subject (Article 14 GDPR)

A. Identity and the contact details of the controller (Article 14(1) lit. a GDPR)

See above

B. Contact details of the Data Protection Officer (Article 14(1) lit. b GDPR)

See above

C. Purposes of the processing for which the personal data are intended as well as the legal basis for the processing (Article 14(1) lit. c GDPR)
The purpose of the processing of personal data is the handling of all operations which concern the controller, customers, prospective customers, business partners or other contractual or pre-contractual relations between the named groups (in the broadest sense) or legal obligations of the controller.

If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR.

In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR.

Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

D. Categories of personal data concerned (Article 14(1) lit. d GDPR)

Customer data
Data of potential customers

Data of employees
Data of suppliers

E. Categories of recipients of the personal data (Article 14(1) lit. e GDPR)

Public authorities

External bodies

Further external bodies

Internal processing

Intragroup processing

Other bodies

F. Recipients in a third country and appropriate or suitable safeguards and the means by which to obtain a copy of them or where they have been made available (Article 14(1) lit. f, 46(1), 46(2) lit. c GDPR)

All companies and branches that are part of our group (hereinafter referred to as “group companies”) that have their place of business or an office in a third country may belong to the recipients of personal data. A list of all group companies can be requested from us.

According to Article 46(1) GDPR a controller or processor may transfer personal data only to a third country if the controller or processor has provided appropriate safeguards, and on condition that enforceable data subject rights and effective legal remedies for data subjects are available. Appropriate safeguards may be provided without requiring any specific authorisation from a supervisory authority by means of standard data protection clauses, Article 46(2) lit. c GDPR.

The standard contractual clauses of the European Union or other appropriate safeguards are agreed on with all recipients from third countries before the first transmission of personal data. Consequently, it is ensured that appropriate safeguards, enforceable data subject rights and effective legal remedies for data subjects are guaranteed. Every data subject can obtain a copy of the standard contractual clauses from us. The standard contractual clauses are also available in the Official Journal of the European Union.

G. Period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period (Article 14(2) lit. a GDPR)
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

H. Notification of the legitimate interests pursued by the controller or by a third party

if the processing is based on Article 6(1) lit. f GDPR (Art. 14(2) lit. b GDPR)

According to Article 6(1) lit. f GDPR, processing shall be lawful only if the processing is necessary for the purposes of legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. According to Recital 47 Sentence 2 GDPR a legitimate interest could exist where there is a relevant and appropriate relationship between the data subject and the controller, e.g. in situations where the data subject is a client of the controller. In all cases in which our company processes personal data based on Article 6(1) lit. f GDPR, our legitimate interest is in carrying out our business in favor of the well-being of all our employees and the shareholders.

I. Existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject and to object to processing as well as the right to data portability (Article 14(2) lit. c GDPR)
All data subjects have the following rights:

Right to access

Each data subject has a right to access the personal data concerning him or her. The right to access extends to all data processed by us. The right can be exercised easily and at reasonable intervals, in order to be aware of, and verify, the lawfulness of the processing (Recital 63 GDPR). This right results from Art. 15 GDPR. The data subject may contact us to exercise the right to access.

Right to rectification

According to Article 16 Sentence 1 GDPR the data subject has the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Moreover, Article 16 Sentence 2 GDPR provides that the data subject is entitled, taking into account the purposes of the processing, to have incomplete personal data completed, including by means of providing a supplementary statement. The data subject may contact us to exercise the right of rectification.

Right to erasure (right to be forgotten)

In addition, data subjects are entitled to a right to erasure and to be forgotten under Art. 17 GDPR. This right can also be exercised by contacting us. At this point, however, we would like to point out that this right does not apply insofar as the processing is necessary to fulfill a legal obligation to which our company is subject to, Article 17(3) lit. b GDPR. This means that we can approve an application to erase only after the expiration of the statutory retention period.

Right to restriction of processing

According to Article 18 GDPR any data subject is entitled to restriction of processing. The restriction of processing may be demanded if one of the conditions set out in Article 18(1) lit. a-d GDPR is fulfilled. The data subject may contact us to exercise the right to restriction of processing.

Right to object

Furthermore, Art. 21 GDPR guarantees the right to object. The data subject may contact us to exercise the right to object.

Right to data portability

Art. 20 GDPR grants the data subject the right to data portability. According to this provision the data subject has under the conditions laid down in Article 20(1) lit. a and b GDPR the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided. The data subject may contact us to exercise the right to data portability.

J. The existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal, where the processing is based on Article 6(1) lit. a or Article 9(2) lit. a GDPR (Art. 14(2) lit. d GDPR)

If processing of personal data is based on Art. 6(1) lit. a GDPR, which is the case, if the data subject has given consent to the processing of personal data for one or more specific purposes or is it based on Article 9(2) lit. a GDPR, which regulates the explicit consent to the processing of special categories of personal data, the data subject has according to Article 7(3) Sentence 1 GDPR the right to withdraw his or her consent at any time.

Withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal, Article 7(3) Sentence 2 GDPR. It shall be as easy to withdraw as to give consent, Art. 7(3) Sentence 4 GDPR. Therefore, the withdrawal of consent can always take place in the same way as consent has been given or in any other way, that is considered by the data subject to be simpler. In todays information society, probably the simplest way to withdraw consent is a simple email. If the data subject wishes to withdraw his or her consent granted to us, a simple email to us is sufficient. Alternatively, the data subject may choose any other way to communicate his or her withdraw of consent to us.

K. Right to lodge a complaint with a supervisory authority (Article 14(2) lit. e, 77(1)

GDPR)

As the controller, we are obliged to notify the data subject of the right to lodge a complaint with a supervisory authority, Article 14(2) lit. e GDPR. The right to lodge a complaint with a supervisory authority is regulated by Article 77(1) GDPR. According to this provision, without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes the General Data Protection Regulation. The right to lodge a complaint with a supervisory authority was only limited by the law of the Union in such way, that it can only be exercised before a single supervisory authority (Recital 141 Sentence 1 GDPR). This rule is intended to avoid double complaints of the same data subject in the same matter. If a data subject wants to lodge a complaint about us, we therefore asked to contact only a single supervisory authority.

L. Source the personal data originate, and if applicable, whether it came from publicly accessible sources (Article 14(2) lit. f GDPR)
In principle, personal data is collected directly from the data subject or in cooperation with an authority (e.g. retrieval of data from an official register). Other data on data subjects are derived from transfers of group companies. In the context of this general information, the naming of the exact sources from which personal data is originated is either impossible or would involve a disproportionate effort within the meaning of Art. 14(5) lit. b GDPR. In principle, we do not collect personal data from publicly accessible sources.

Any data subject can contact us at any time to obtain more detailed information about the exact sources of the personal data concerning him or her. Where the origin of the personal data cannot be provided to the data subject because various sources have been used, general information should be provided (Recital 61 Sentence 4 GDPR).

M. Existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject (Article 14(2) lit. g GDPR)

As a responsible company, we do not use automatic decision-making or profiling.

Information about the Processing of Personal Data for Employees and Applicants (Article 13, 14 GDPR)

Personal data of employees and applicants deserves special protection. Our goal is to keep our data protection level to a high standard. Therefore, we are constantly developing our data protection and data security concepts.

Of course, we comply with the statutory provisions on data protection. According to Article 13, 14 GDPR, controllers meet specific information requirements when processing personal data. This document fulfills these obligations.

The terminology of legal regulation is complicated. Unfortunately, the use of legal terms could not be dispensed with in the preparation of this document. Therefore, we would like to point out that you are always welcome to contact us for all questions concerning this document, the terms used or formulations.

I. Compliance with the information requirements when personal data is collected from the data subject (Article 13 GDPR)

A. Identity and the contact details of the controller (Article 13(1) lit. a GDPR)

See above

B. Contact details of the Data Protection Officer (Article 13(1) lit. b GDPR)

See above

C. Purposes of the processing for which the personal data are intended as well as the legal basis for the processing (Article 13(1) lit. c GDPR)
For applicant’s data, the purpose of data processing is to conduct an examination of the application during the recruitment process. For this purpose, we process all data provided by you. Based on the data submitted during the recruitment process, we will check whether you are invited to a job interview (part of the selection process). In case of generally suitable candidates, in particular in the context of the job interview, we process certain other personal data provided by you, which is essential for our selection decision. If you are hired by us, applicant’s data will automatically change into employee data. As part of the recruitment process, we will process other personal data about you that we request from you and that is required to initiate or fulfill your contract (such as personal identification numbers or tax numbers). For employee data, the purpose of data processing is the performance of the employment contract or compliance with other legal provisions applicable to the employment relationship (e.g. tax law) as well as the use of your personal data to carry out the employment contract concluded with you (e.g. publication of your name and the contact information within the company or to customers). Employee data is stored after termination of the employment relationship to fulfill legal retention periods.

The legal basis for data processing is Article 6(1) lit. b GDPR, Article 9(2) lit. b and h GDPR, Article 88 (1) GDPR and national legislation, such as for Germany Section 26 BDSG (Federal Data Protection Act).

D. Categories of recipients of the personal data (Article 13(1) lit. e GDPR)

Public authorities

External bodies

Further external bodies

Internal processing

Intragroup processing

Other bodies

E. Recipients in a third country and appropriate or suitable safeguards and the means by which to obtain a copy of them or where they have been made available (Article 13(1) lit. f, 46(1), 46 (2) lit. c GDPR)

All companies and branches that are part of our group (hereinafter referred to as “group companies”) that have their place of business or an office in a third country may belong to the recipients of personal data. A list of all group companies or recipients can be requested from us.

According to Article 46(1) GDPR a controller or processor may transfer personal data only to a third country if the controller or processor has provided appropriate safeguards, and on condition that enforceable data subject rights and effective legal remedies for data subjects are available. Appropriate safeguards may be provided without requiring any specific authorisation from a supervisory authority by means of standard contractual clauses, Article 46(2) lit. c GDPR.

The standard contractual clauses of the European Union or other appropriate safeguards are agreed on with all recipients from third countries before the first transmission of personal data. Consequently, it is ensured that appropriate safeguards, enforceable data subject rights and effective legal remedies for data subjects are guaranteed. Every data subject can obtain a copy of the standard contractual clauses from us. The standard contractual clauses are also available in the Official Journal of the European Union.

F. Period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period (Article 13(2) lit. a GDPR)

The duration of storage of personal data of applicants is 6 months. For employee data the respective statutory retention period applies. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

G. Existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability (Article 13(2) lit. b GDPR)

All data subjects have the following rights:

Right to access

Each data subject has a right to access the personal data concerning him or her. The right to access extends to all data processed by us. The right can be exercised easily and at reasonable intervals, in order to be aware of, and verify, the lawfulness of the processing (Recital 63 GDPR). This right results from Art. 15 GDPR. The data subject may contact us to exercise the right to access.

Right to rectification

According to Article 16 Sentence 1 GDPR the data subject has the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Moreover, Article 16 Sentence 2 GDPR provides that the data subject is entitled, taking into account the purposes of the processing, to have incomplete personal data completed, including by means of providing a supplementary statement. The data subject may contact us to exercise the right of rectification.

Right to erasure (right to be forgotten)

In addition, data subjects are entitled to a right to erasure and to be forgotten under Art. 17 GDPR. This right can also be exercised by contacting us. At this point, however, we would like to point out that this right does not apply insofar as the processing is necessary to fulfill a legal obligation to which our company is subject to, Article 17(3) lit. b GDPR. This means that we can approve an application to erase only after the expiration of the statutory retention period.

Right to restriction of processing

According to Article 18 GDPR any data subject is entitled to a restriction of processing. The restriction of processing may be demanded if one of the conditions set out in Article 18(1) lit. a-d GDPR is fulfilled. The data subject may contact us to exercise the right to restriction of processing.

Right to object

Furthermore, Art. 21 GDPR guarantees the right to object. The data subject may contact us to exercise the right to object.

Right to data portability

Art. 20 GDPR grants the data subject the right to data portability. Under this provision, the data subject has under the conditions laid down in Article 20(1) lit. a and b GDPR the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided. The data subject may contact us to exercise the right to data portability.

H. The existence of the right to withdraw consent at any time, without affecting the

lawfulness of processing based on consent before its withdrawal, where the processing

is based on Article 6(1) lit. a GDPR or Article 9(2) lit. a GDPR (Article 13(2) lit. c GDPR)

If processing of personal data is based on Art. 6(1) lit. a GDPR, which is the case, if the data subject has given consent to the processing of personal data for one or more specific purposes or is it based on Article 9(2) lit. a GDPR, which regulates the explicit consent to the processing of special categories of personal data, the data subject has according to Article 7(3) Sentence 1 GDPR the right to withdraw his or her consent at any time.

Withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal, Article 7(3) Sentence 2 GDPR. It shall be as easy to withdraw as to give consent, Art. 7(3) Sentence 4 GDPR. Therefore, the withdrawal of consent can always take place in the same way as consent has been given or in any other way, that is considered by the data subject to be simpler. In today’s information society, probably the simplest way to withdraw consent is a simple email. If the data subject wishes to withdraw his or her consent granted to us, a simple email to us

is sufficient. Alternatively, the data subject may choose any other way to communicate his or her withdraw of consent to us.

I. Right to lodge a complaint with a supervisory authority (Article 13(2) lit. d, 77(1) GDPR)
As the controller, we are obliged to notify the data subject of the right to lodge a complaint with a supervisory authority, Article 13(2) lit. d GDPR. The right to lodge a complaint with a supervisory authority is regulated by Article 77(1) GDPR. According to this provision, without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes the General Data Protection Regulation. The right to lodge a complaint with a supervisory authority was only limited by the law of the Union in such way, that it can only be exercised before a single supervisory authority (Recital 141 Sentence 1 GDPR). This rule is intended to avoid double complaints of the same data subject in the same matter. If a data subject wants to lodge a complaint about us, we therefore asked to contact only a single supervisory authority.

J. Provision of personal data as statutory or contractual requirement; Requirement

necessary to enter into a contract; Obligation of the data subject to provide the personaldata; possible consequences of failure to provide such data (Art. 13(2) lit. e GDPR)

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner).

Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded.

Before personal data is provided by the data subject, the data subject must contact us. We clarify to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

K. Existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject (Article 13 (2) lit. f GDPR)

As a responsible company, we do not use automatic decision-making or profiling.

VI. Compliance with the information requirements when personal data is not collected from the data subject (Article 14 GDPR)

A. Identity and the contact details of the controller (Article 14(1) lit. a GDPR)

See above

B. Contact details of the Data Protection Officer (Article 14(1) lit. b GDPR)

See above

C. Purposes of the processing for which the personal data are intended as well as the legal basis for the processing (Article 14(1) lit. c GDPR)

For applicant’s data not collected from the data subject, the purpose of data processing is to conduct an examination of the application during the recruitment process. For this purpose, we may process data not collected from you. Based on the data processed during the recruitment process, we will check whether you are invited to a job interview (part of the selection process). If you are hired by us, applicant’s data will automatically convert into employee data. For employee data, the purpose of data processing is the performance of the employment contract or compliance with other legal provisions applicable to the employment relationship. Employee data is stored after termination of the employment relationship to fulfill legal retention periods.

The legal basis for data processing is Article 6(1) lit. b and f GDPR, Article 9(2) lit. b and h GDPR, Article 88 (1) GDPR and national legislation, such as for Germany Section 26 BDSG (Federal Data Protection Act).

D. Categories of personal data concerned (Article 14(1) lit. d GDPR)

Applicant’s data Employee data

E. Categories of recipients of the personal data (Article 14(1) lit. e GDPR)

Public authorities

External bodies

Further external bodies

Internal processing

Intragroup processing Other bodies

F. Recipients in a third country and appropriate or suitable safeguards and the means by which to obtain a copy of them or where they have been made available (Article 14(1) lit. f, 46(1), 46(2) lit. c GDPR)

All companies and branches that are part of our group (hereinafter referred to as “group companies”) that have their place of business or an office in a third country may belong to the recipients of personal data. A list of all group companies or recipients can be requested from us.

According to Article 46(1) GDPR a controller or processor may transfer personal data only to a third country if the controller or processor has provided appropriate safeguards, and on condition that enforceable data subject rights and effective legal remedies for data subjects are available. Appropriate safeguards may be provided without requiring any specific authorisation from a supervisory authority by means of standard data protection clauses, Article 46(2) lit. c GDPR.

The standard contractual clauses of the European Union or other appropriate safeguards are agreed on with all recipients from third countries before the first transmission of personal data. Consequently, it is ensured that appropriate safeguards, enforceable data subject rights and effective legal remedies for data subjects are guaranteed. Every data subject can obtain a copy of the standard contractual clauses from us. The standard contractual clauses are also available in the Official Journal of the European Union.

G. Period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period (Article 14(2) lit. a GDPR)
The duration of storage of personal data of applicants is 6 months. For employee data the respective statutory retention period applies. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

H. Notification of the legitimate interests pursued by the controller or by a third party if the processing is based on Article 6(1) lit. f GDPR (Art. 14(2) lit. b GDPR)

According to Article 6(1) lit. f GDPR, processing shall be lawful only if the processing is necessary for the purposes of legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. According to Recital 47 Sentence 2 GDPR a legitimate interest could exist where there is a relevant and appropriate relationship between the data subject and the controller, e.g. in situations where the data subject is a client of the controller. In all cases in which our company processes applicant’s data based on Article 6(1) lit. f GDPR, our legitimate interest is the employment of suitable personnel and professionals.

I. Existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject and to object to processing as well as the right to data portability (Article 14(2) lit. c GDPR)

All data subjects have the following rights:

Right to access

Each data subject has a right to access the personal data concerning him or her. The right to access extends to all data processed by us. The right can be exercised easily and at reasonable intervals, in order to be aware of, and verify, the lawfulness of the processing (Recital 63 GDPR). This right results from Art. 15 GDPR. The data subject may contact us to exercise the right to access.

Right to rectification

According to Article 16 Sentence 1 GDPR the data subject has the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Moreover, Article 16 Sentence 2 GDPR provides that the data subject is entitled, taking into account the purposes of the processing, to have incomplete personal data completed, including by means of providing a supplementary statement. The data subject may contact us to exercise the right of rectification.

Right to erasure (right to be forgotten)

In addition, data subjects are entitled to a right to erasure and to be forgotten under Art. 17 GDPR. This right can also be exercised by contacting us. At this point, however, we would like to point out that this right does not apply insofar as the processing is necessary to fulfill a legal obligation to which our company is subject to, Article 17(3) lit. b GDPR. This means that we can approve an application to erase only after the expiration of the statutory retention period.

Right to restriction of processing

According to Article 18 GDPR any data subject is entitled to restriction of processing. The restriction of processing may be demanded if one of the conditions set out in Article 18(1) lit. a-d GDPR is fulfilled. The data subject may contact us to exercise the right to restriction of processing.

Right to object

Furthermore, Art. 21 GDPR guarantees the right to object. The data subject may contact us to exercise the right to object.

Right to data portability

Art. 20 GDPR grants the data subject the right to data portability. According to this provision the data subject has under the conditions laid down in Article 20(1) lit. a and b GDPR the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided. The data subject may contact us to exercise the right to data portability.

J. The existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal, where the processing is based on Article 6(1) lit. a or Article 9(2) lit. a GDPR (Art. 14(2) lit. d GDPR)

If processing of personal data is based on Art. 6(1) lit. a GDPR, which is the case, if the data subject has given consent to the processing of personal data for one or more specific purposes or is it based on Article 9(2) lit. a GDPR, which regulates the explicit consent to the processing of special categories of personal data, the data subject has according to Article 7(3) Sentence 1 GDPR the right to withdraw his or her consent at any time.

Withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal, Article 7(3) Sentence 2 GDPR. It shall be as easy to withdraw as to give consent, Art. 7(3) Sentence 4 GDPR. Therefore, the withdrawal of consent can always take place in the same way as consent has been given or in any other way, that is considered by the data subject to be simpler. In today’s information society, probably the simplest way to withdraw consent is a simple email. If the data subject wishes to withdraw his or her consent granted to us, a simple email to us is sufficient. Alternatively, the data subject may choose any other way to communicate his or her withdraw of consent to us.

K. Right to lodge a complaint with a supervisory authority (Article 14(2) lit. e, 77(1) GDPR)
As the controller, we are obliged to notify the data subject of the right to lodge a complaint with a supervisory authority, Article 14(2) lit. e GDPR. The right to lodge a complaint with a supervisory authority is regulated by Article 77(1) GDPR. According to this provision, without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes the General Data Protection Regulation. The right to lodge a complaint with a supervisory authority was only limited by the law of the Union in such way, that it can only be exercised before a single supervisory authority (Recital 141 Sentence 1 GDPR). This rule is intended to avoid double complaints of the same data subject in the same matter. If a data subject wants to lodge a complaint about us, we therefore asked to contact only a single supervisory authority.

L. Source the personal data originate, and if applicable, whether it came from publicly accessible sources (Article 14(2) lit. f GDPR)

In principle, personal data is collected directly from the data subject or in cooperation with an authority (e.g. retrieval of data from an official register). Other data on data subjects are derived from transfers of group companies. In the context of this general information, the naming of the exact sources from which personal data is originated is either impossible or would involve a disproportionate effort within the meaning of Art. 14(5) lit. b GDPR. In principle, we do not collect personal data from publicly accessible sources.

Any data subject can contact us at any time to obtain more detailed information about the exact sources of the personal data concerning him or her. Where the origin of the personal data cannot be provided to the data subject because various sources have been used, general information should be provided (Recital 61 Sentence 4 GDPR).

M. Existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject (Article 14(2) lit. g GDPR)

As a responsible company, we do not use automatic decision-making or profiling.

1) For reasons of better readability, the simultaneous use of the language forms male, female, diverse and other gender identities (m/f/d/other) are not used on our websites, in publications and communication. All language used shall equaly apply to all genders..
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