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

Dear Applicants,

We are delighted that you are interested in a career at Silicon Austria Labs GmbH (hereinafter referred to as SAL, we or us). Data protection and its safeguarding are important issues for SAL. Personal data is processed in strict compliance with the principles and requirements set forth in the GDPR[1] and the Austrian Data Protection Act[2] as well as other applicable data protection regulations. With this data protection declaration, we describe how we collect and process personal data in case of an application or registration on our applicant portal. The data protection information is intended for persons (hereinafter also referred to as applicants) who in the course of their application create an applicant profile with us, as well as for persons for whom SAL creates an applicant profile in a process of email or mail application as well as for persons for whom SAL itself processes personal data as part of the application process (e.g. interview notes).
 
 

CONTROLLER AND DATA PROTECTION OFFICER

Silicon Austria Labs GmbH

Sandgasse 34
8010 Graz
contact@silicon-austria.com
Data protection officer:
Sandgasse 34
8010 Graz
dpo@silicon-austria.com


TYPES OF PERSONAL DATA BEING PROCESSED

The following personal data is collected and processed for the application process:
  • Personal data such as first name, last name, gender, date of birth, educational qualification (e.g. information on school or study degrees), first language, telephone number, e-mail address, address, country, nationality, academic title (optional);
  • Personal data in the attachments (= CV, cover letter/motivation letter, proof of qualifications, certificates, other attachments);
  • Data concerning registration (e.g. date of creation/update, applicant source, login, password);
  • Data on your professional experience (e.g. information on your previous employment);
  • Professional requirements (e.g. professional profile, job description, desired extent of employment, period of notice, salary expectations);
  • Personal data relating to additional information, e.g. language skills, applicant source, status of the application, declaration of consent, relevant links.
In the course of the further recruiting process, personal data of applicants will be supplemented by a recruiter of SAL, which shall add the following:
  • appointment dates, conversation notes and comments about your profile;
  • applicant’s correspondence with employees of SAL;
  • keyword-indexation and additional job profiles so that the profile of applicants could become easier to find in the applicant database;
  • additional jobs that we suggest to applicants (if you grant us your voluntary consent for being part of the “SAL talentpool” by signing our separate consent statement form)


PURPOSES OF DATA PROCESSING AND LEGAL BASIS

Purpose of processing

We process personal data of applicants as part of our recruiting process (staff search and selection) to fill vacancies at SAL.
Applicants can apply for a specific position or submit an unsolicited application with us. A recruiter of SAL will then contact the applicant by email or phone and inform him/her about the next steps in the recruiting process.

Legal basis of processing

We process personal data on the legal basis of our overriding legitimate interest in carrying out an efficient application process (Art. 6 para. 1 lit. f GDPR) and on the basis of the necessity to carry out pre-contractual measures (Art. 6 para. 1 lit. b GDPR).
If you provide us with special categories of data (such as religious confession, health data, etc.) that we do not require as part of the application, we will process this data on the basis of your express consent in accordance with Art. 6 para. 1 lit a in conjunction with Art. 9 para. 2 lit a GDPR. You as an applicant can withdraw this consent at any time without giving reasons.
If an application currently does not fit for a specific job offer or the application process was not successful, but we see potential in the applicant, we may additionally ask via email for your consent to process and store the application data for additional 12 months within our “SAL talentpool” in order to be able to inform you about possible future job postings. 
In addition, we want to point out, that applicants are neither legally nor contractually bound to disclose personal data. However, without the personal data of applicants, we cannot process applications.


OTHER RECIPIENTS

In general, only the responsible employees of SAL have access to the personal data that is collected and processed (see above) in order to fulfil the purpose of data collection when applying for a position at SAL.
Access is strictly regulated and usually extends only to the recruiters of SAL as well as to managers and key personnel of the relevant departments. Our employees are bound to maintain personal data confidential and secret.
The processing of the recruiting steps is supported by our external recruiting software – Personio SE & CO KG, Munich, Germany (processor). SAL and Personio SE & CO KG have taken the necessary contractual (e.g. data processor agreement), organizational and technical measures to ensure the confidentiality and secrecy of all applications.
In addition, in some cases, SAL may grant authorities or courts access to personal data of applicants in order to fulfil legal obligations or to defend against legal claims.


STORAGE PERIOD

In general, the personal data provided to us as part of the application will be stored for a period of seven full calendar months from the date of receipt of your application (especially in the case of unsolicited applications) or the date of completion of an unsuccessful application process.
In addition, personal data of applications for job postings that are part of national or EU funded projects (such as “Marie Sklodowska-Curie Actions”) will be stored for the time period specified within the respective Grant Agreement. For example, the retention and record keeping period in the Marie Sklodowska-Curie Action “Crystalline” amounts 5 years after final payment of the funded program.
If you as an applicant gave your written consent to be part of the “SAL talentpool”, we will keep the respective application on file for further 12 months. The personal data will then be assigned to the "talent pool" and stored for a period in total of 18 months. The consent thereto can be withdrawn at any time (but in accordance with any further retention periods).
If an application is successful, we will retain these personal data collected in connection with the application process for as long as statutory retention obligations exist or as long as any legal claims are not yet time-barred.


DATA SUBJECT RIGHTS

Applicants are generally entitled to the right of access (art 15 GDPR), rectification (art 16 GDPR), erasure (art 17 GDPR), restriction of processing (art 18 GDPR), objection (art 21 GDPR), withdrawal (art 7 GDPR) and data portability (art 20 GDPR), if applicable.
Any consent given can be independently withdrawn at any time. A withdrawal has the consequence that we no longer process your personal data to which the consent relates from this point in time, and thus the corresponding rights, benefits, etc. can no longer be claimed. However, the withdrawal does not affect the lawfulness of the processing of personal data until the withdrawal.
If you as an applicant believe that the processing of your personal data violates data protection law or that your data protection rights have otherwise been violated in any way, you may contact our data protection officer (dpo@silicon-austria.com) or the Austrian data protection authority (dsb@dsb.gv.at) with your concerns.


MISCELLANEOUS

Profiling

In our recruiting process, there are no automatic mechanisms that would lead to an automatic elimination of applicants from the application process. Decisions regarding staff search and selection are always made by the responsible employees of SAL.
In order to better find an applicant profile in our applicant database using the integrated search function, this is tagged and linked to suitable job profiles.
Technical Service Providers


CHANGES TO THIS DATA PROTECTION DECLARATION

SAL reserves the right to update or modify this data protection declaration at any time without prior notice. The version currently published on the application portal applies.

 
[1] General Data Protection Regulation – Regulation (EU) 2016/679 in its respective valid version
 
 [2] Datenschutzgesetz - BGBl. I Nr. 165/1999 in its respective valid version
 

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.