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Data protection

(updated on 07/01/2020)

 

Responsible handling of data is an important cornerstone for a trusting customer relationship. In this privacy notice ("Notice"), we explain what kind of data we may collect, use, share and store about you, as well as your choices and rights. This online privacy notice describes how Brainswork GmbH uses, processes, stores and may share personal data that we collect about individuals, whether you register with us through our applicant registration process, through this website and through other sources (for example, when you apply for a job through job portals).

It is important that you read this notice together with any other privacy notices we may provide to you, a different practices sometimes contain additional privacy building blocks. This Privacy Notice supplements other notices you may receive from us and is not intended to override them.

Table of contents

  • Contact details

  • Information about Brainswork GmbH

  • Collection and use of personal data

    • Categories of individuals. Whose personal data we process, collect

    • Categories of personal data we may collect

  • Change of purpose / business purpose

  • Sharing your personal data with third parties

  • Secure storage of your personal data

  • Storage of your personal data

  • Your legal rights

  • The legal basis for the processing of your personal data

  • Links to other websites

  • Marketing

  • Feedback and complaints

  • Changes to this privacy policy

Contact details

If you have any questions about how we use your personal information, please contact us at

at: sabrina.wrede@brains-work.de

 

Information about Brainswork GmbH

The company's goal is to prepare our clients for the challenges of the future by acting as (future) strategy consultants, HR consultants and coaches, and recruiters for current and future vacancies. Our vision clarifies our claim: "We shape the future of Germany by bringing people and companies together to generate future-oriented synergies for personal growth and economic success."

 

Collection and use of personal data

Categories of Individuals. Whose personal data we process, collect:

 

Visitors: Natural persons who visit or use our websites or other Brainswork GmbH services so that we can provide them with the necessary Brainswork GmbH websites or services;

Job Seekers: Natural persons who apply to Brainswork GmbH through our search, workforce management or talent consulting services for job openings to fill our internal positions or as part of our staffing and recruiting services or for Brainswork GmbH clients (in each case, regardless of whether such applications are made online or offline);

 

• Customers, Suppliers, Service Providers and Other Vendors: Employees, representatives and/or agents of our customers, service providers, suppliers and other vendors or individuals with whom we have a business relationship and/or manage on behalf of our customers;

• Experts and others who provide advice regarding the suitability of job seekers: If you submit personal information about other individuals to us or our service providers in connection with the Brainswork Services, you confirm that you have the authority to do so and are also authorized to authorize us to use the information in accordance with this notice.

 

The collection of information by us includes:

• Directly Submitted Data: Brainswork GmbH collects personal information provided to us by individuals through our services (e.g., by filling out an online form or creating an account on our website(s)). When we request data from you, we will inform you prior to collection whether the provision of the personal data we request can be provided on a voluntary basis and the consequences if the data is not provided.

• Data Automatically Collected by Us: Brainswork GmbH and our service providers may automatically collect certain technical information from visitors to our website(s) and users of our applications

Data obtained by us from other sources or third parties: We may receive or acquire information about our visitors, job seekers, customers, and service providers from third-party partners (such as background check providers and professional database providers) or a job seeker's, customer's, or provider's reference from third parties. In addition, we collect information from our online social media forums, blogs and discussion boards if you choose to interact with that content. In addition, we collect personal information that you provide in your public profiles on social media and other public websites, such as Facebook, LinkedIn, Twitter, Instagram, or other company websites and/or job boards.

We collect your personal information directly from you and through other sources, including when you apply for a job through a job board, directly through our website, on social media sites such as Xing, LinkedIn, Facebook and Twitter, or when you share your information with us during a job fair, promotional, networking or training event. During our applicant registration process, we collect your personal data directly about you, through your resume, work and/or education references, and online tests that you may take at our request. Our customers may request additional personal data about you in relation to their job vacancies and requirements.

The categories of personal information we may collect include:

Identifiers:

  • Your identity (your full name, previous names, proof of name change); gender, date of birth, and marital status;

  • Proof of your work authorization, which may include a photo, citizenship, place of birth, driver's license, etc. (as required by law)

  • Contact information including your email address, home address and phone number;

  • Bank account and social security information (so that we can make payments to you and your account).

  • Payroll information such as: Your national tax number, your address, your seniority, your marital status, your bank account number, your family composition, your date of birth, your telephone number, your e-mail address.

 

Vocational, work-related and educational:

  • Your job search criteria, preferences and expectations;

  • Your qualifications, skills, work experience and education;

  • Current salary and other benefits;

  • Educational History;

  • Professional career;

  • Employment and/or training references;

  • The name of an emergency contact person;

  • References;

  • Other information that is included in your resume or that you would like to provide to us;

 

Inference information:

  • Include personal and competency assessments

 

 

Internet or other electronic network activities and geolocation

  • Technical data such as IP (Internet Protocol) address, your login information, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technologies on the devices you use to access this website. We may also obtain technical information about you when you visit other websites that use our cookies. For more information, please see our Cookie Policy;

  • Profile data, including your username and password, interests, preferences, feedback, and responses to customer surveys;

  • Usage data, including information about how you use our website and services;

  • Marketing and communications data, including your marketing and communications preferences.

 

Information about your health and/or criminal record (including terrorist list checks) will only be processed if relevant to your application and as required by law.

 

In order to provide you with staffing services (recruiting and/or providing consultants), our recruiters will send you emails with job notifications that match your job search criteria and preferences. From time to time, you will also receive job notifications that our consultants deem to be of interest to you.

 

Our customers and suppliers

If you are already a customer or supplier / service provider or else a potential customer or supplier / service provider, we collect and process data on persons in your company. We may store the name and business email address and other business contact details of the relevant persons in our database as contacts for the company. As a rule, we only process the name of the persons concerned as personal data on contacts in companies in order to be able to contact the company in connection with our services or as a purchaser of the deliveries / services of the supplier / service provider. Where a contact in the company is also registered with us as a candidate, we may process additional personal data for the provision of recruitment services and for other purposes as set out in this Privacy Policy. The source of a company contact's name and contact information may be the individual himself or herself, or the relevant information may come from a member of the company's human resources or purchasing department, another hiring manager, an existing business contact/contact, or a candidate we have placed with the company. We may also identify this information from websites, social media and other sources. We may send business-to-business correspondence to contacts in companies via email. A person who is a contact in a company for us may contact us at sabrina.wrede@brains-work.de at any time and request that we stop sending them business correspondence to their business email address.

 

Website visitors

We collect a limited amount of information about our website users, and we use this information to improve your experience with our website and to administer our services.

The following data can be collected:

  • Technical data such as IP (Internet Protocol) address, your login credentials, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technologies on the devices you use to access this website;

  • Profile data, including your username and password, interests, preferences, feedback, and responses to customer surveys;

  • Usage data, including information about how you use our website and services;

  • Marketing and communications data, including your marketing and communications preferences.

 

How we use your personal data

We also use, process, store and disclose your personal data and other data we collect during our applicant registration process to provide you with staffing services (recruitment and/or the provision of consultants), including sending you job notifications through this website and via email, temporary assignments, project-based assignments, project-related work, and permanent and temporary contracts in finance, accounting, technology, administration, legal, marketing and other related functions, employment opportunities and career-related information.

We also process your personal data for other legitimate business purposes, such as to compile statistics, analyze the success of our marketing campaigns, determine the number of visitors to our website, and to comply with other contractual, legal and regulatory obligations and duties.

We do not currently use automated decision-making technologies to make final or conclusive decisions about you. A staff member is always involved in the decision-making processes.

 

Legal basis for processing personal data

Our legal basis for processing personal information about individuals from the European Economic Area depends on the type of personal information and the purpose for which we collect it. However, we will normally only collect personal information from you in the following circumstances:

  • We need the personal information to fulfill a contract with you;

  • the processing is in our legitimate interest and is not overridden by your rights;

  • we have your consent to do so; or

  • we may be legally required to collect personal information from you.

If we ask you to provide personal data to fulfill a legal requirement or contract with you, we will express this at the appropriate time and tell you whether providing your personal data is mandatory or not (we will also inform you of the possible consequences if you do not provide the data). When we collect and use your Personal Data in connection with our legitimate interests (or those of third parties), that interest is usually to operate our Platform and to communicate with you as necessary to provide our services to you and our legitimate business interests, for example, when responding to your requests, improving our services or conducting marketing efforts, or for the purpose of detecting or preventing illegal activity. We may have other legitimate interests and will inform you of what these are at the appropriate time, if applicable. You may choose to provide Brainswork GmbH with your personal information for a specific job for which you are unsuccessful. Because you have expressed that you are seeking employment outside of your current position, Brainswork may retain your personal information in such a situation in order to provide you with other offers that may be considered for you based on your qualifications. If you have concerns based on the fact that Brainswork GmbH retains this data for these purposes, please discuss them with your contact at Brainswork GmbH.

 

Change of purpose

We will only use your personal information for the purposes for which we collected it or for related purposes (as described above).

If we need to use your personal information for an unrelated purpose, we will notify you and explain the legal basis that authorizes us to do so.

We may process your personal data without your knowledge or consent if we comply with the above rules, as required or permitted by law.

 

Disclosure of your personal data to third parties

To the extent necessary or appropriate, and without notifying you, Brainswork may share your personal information with outside third parties in the following circumstances:

  • Potential employers or potential customers: to our customers within the framework of personnel services (recruitment services and / or the provision of consultants).

  • Companies and individuals we employ to perform business functions and services for us. Examples of service providers include: providing payroll services; background check and verification services; data storage facilities, including in the cloud; hosting our web servers; placing ads and managing job applications through our third-party vendor Starhunter; analyzing data and compiling statistics; and providing legal, accounting, auditing and other professional services.

  • Compliance with laws, regulations, and law enforcement requirements: to credit reporting agencies and third parties that perform sanctions and terrorism checks.

  • To government agencies, including: police and other law enforcement agencies; regulatory and supervisory agencies.

  • to comply with applicable law or legal process, or when we reasonably believe that such action is necessary to: (a) comply with the law that requires such disclosure; (b) protect the rights or property of Brainswork GmbH; (c) prevent a crime, protect national security, or detect or prevent fraud; or (d) protect the personal safety of individuals using our website or to protect the safety of the public.

  • Business transfers and reorganization: to third parties to whom we may sell, transfer or merge portions of our business or assets. Alternatively, we may seek to acquire or merge with other businesses. If our business changes, we will notify you.

  • Vendors, consultants and other service providers: to IT consultants who perform testing and development work on our IT systems, service providers we may use as data processors, and other service providers who may be located outside the EEA.

Where applicable, we impose appropriate contractual, security, confidentiality and other obligations on third-party vendors and processors we have engaged, depending on the nature of the services they provide to us. We only permit them to process your personal information if they comply with the law and our instructions in doing so. We do not permit them to use your personal data for their own purposes. When our relationship with these service providers ends, we will ensure that your personal data is returned securely or destroyed.

Some of these third parties are also data controllers who are responsible for processing your personal data for their purposes, for example, the local tax authority acts as a data controller for tax purposes. We may not be able to impose obligations or restrictions on this controller in connection with the way they process your personal data.

Due to the global nature of our customers' operations, your personal data may be accessed worldwide (and some recipients may be located in countries that do not have a level of data protection equivalent to the European level of data protection) by our customers' employees, including their IT administrators and any service providers engaged for processing, who may reasonably need to know such data for the purposes set forth in this Privacy Policy. You are therefore aware that your personal data may be transferred to recipients in third countries that do not have an adequate level of data protection and that such data may be collected, processed, stored and used by our customers and, if applicable, their service providers. To protect your personal data, our customers have assured us that they have taken appropriate security measures to protect this data.

 

Secure storage of your personal data

We have taken appropriate security measures to prevent the accidental loss, unauthorized use, access, alteration or disclosure of your personal information. In addition, we restrict access to your personal data to those employees, agents, contractors and other third parties who need it for business reasons.

We have procedures in place to deal with suspected personal data breaches and we will notify you and the relevant supervisory authority of a breach if we are required to do so by law.

 

How long do we store your personal data?

We will retain your personal data for as long as is necessary to fulfill the purposes we collect it. This means that we keep your personal data throughout the period of your relationship with us and while we provide you with staffing services (recruitment and/or the provision of consultants).

Unless there is a continuing business need to process your personal data, we will either delete or anonymize it or, where this is not possible (for example, because your personal data is stored in backup archives), we will store your personal data in a secure manner, protecting it from further processing until its deletion is possible.

We are required by law to retain basic information about our customers (including contracts, proof of identity, financial and transactional data) for legal, compliance and tax purposes for up to 10 years after our business relationship ends.

We may store your data for a longer period if we are permitted to do so by law, e.g. to defend ourselves against legal action.

Where no retention period is specified by law, we will determine the appropriate retention period for personal data, taking into account all relevant criteria.

In certain circumstances, we anonymize your personal information (so that it can no longer be linked to you and we cannot identify you). We do this for research or statistical purposes. In this case, we may use this anonymized data indefinitely without informing you.

 

Your legal rights

European data protection rights:

For persons domiciled in the European Economic Area ("EEA"), the United Kingdom or Switzerland, the following rights apply:

  • Access: to request data access to retrieve your personal data at any time. If you make such a request, we will provide you with a copy of the personal data we hold about you.

  • Correction: To request a correction of the personal data we hold about you. This allows you to have incomplete or inaccurate personal data that we hold about you corrected.

  • Delete: To request deletion or removal of your personal data. So you can ask us to erase or remove your personal data if we do not have a valid reason to continue processing it. You may also ask us to erase or remove your personal data if you have successfully exercised your right to object to the processing, if we may have processed your data unlawfully, or if we need to erase your personal data to comply with local law. Please note: we may not always be able to comply with your request for erasure for certain legal reasons. These reasons, if applicable, will be communicated to you in response to your request.

  • Object: To object to the processing of your personal data if we rely on a legitimate interest (or that of a third party) and there is a reason with regard to your particular situation that leads you to object to the processing on that ground because you consider that it affects your fundamental rights and freedoms. In some cases, we may be able to demonstrate that we have legitimate grounds to process your data that override your rights and freedoms. In this case, we will retain your personal data for the relevant retention periods. Thereafter, we will delete your personal data in accordance with our policies.

  • To object to direct marketing. You have the right to object if we process your personal data for direct marketing purposes. In this case, we will no longer send you marketing communications.

  • Restriction: so you can ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to prove the accuracy of the data; (b) if our use of the data is unlawful but you do not want us to delete it; (c) if you want us to keep the data even if we no longer need it because you need it for the establishment, exercise or defense of legal claims; or (d) if you have objected to our use of your data but we need to verify that we have legitimate grounds for processing your data that override your objection.

  • Transfer of Data: We will assist you with this transfer to third parties by either transferring your personal data for you or providing you with a copy in a machine-readable format. Please note: this right only applies to automated data that you originally gave us consent to use or for which we used the personal data to enter into a contract with you.

  • Unless an exception applies, we will assist you by, to the extent technically feasible, securely transferring your personal data directly to another controller or providing you with a copy in a structured, commonly used machine-readable format.

  • To withdraw your consent at any time in cases where we have your consent to process your personal data. However, this does not affect the lawfulness of any processing that was carried out before you withdrew your consent. If you withdraw your consent, we may no longer be able to provide you with certain services. We will inform you if this is the case at the time you withdraw your consent.

 

We want to ensure that your personal data is accurate and up to date. In addition to your legal rights, you can ask us to make changes or request a copy of your personal information informally by contacting your local Brainswork office.

 

The legal basis for the processing of your personal data

We use your personal information only when permitted by law. In most cases, we use your personal data in the following circumstances:

  • To fulfill a contract that is about to be completed or that we have entered into with you;

  • Where it is in our legitimate interest;

  • If it is our legal or regulatory obligation;

  • If you agree;

A legitimate interest is where we have a business or commercial reason to use your information to run and manage our business. We consider the potential impact on you and your legal rights when we process your personal data for our legitimate interests. We will not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required to comply with a legal or regulatory obligation or are permitted to do so by law).

 

Purpose / Activity

 

Legal basis for processing personal data

 

Type of personal data

To register you as an applicant for staffing services (temporary staffing, recruitment services and/or the provision of consultants) or when you apply for a job with us

Identity

Contact Details

Proof of work and residence permits Curriculum vitae e. References Qualifications 

Salary and fee information

Fulfillment of a contract (related to the type of services provided).

Legal or regulatory obligation (compliance with local legislation).

To provide you with staffing services (recruitment and/or the provision of consultants), including: sending you information about available job openings and job notification emails in accordance with your job search preferences and criteria, offering career counseling, providing your resume to clients regarding their job openings/functions, paying your wages (if you are a temporary employee), and billing clients for job placements we make.

Sharing your personal data with government and law enforcement agencies and with service providers we engage to provide goods and services, including providers outside the EEA and providers of cloud-based services.

To manage our relationship with you, including: a. To notify you of changes to our Applicant Agreement or Privacy Policy b. To ask you to rate, provide feedback, or complete a survey c. Administrative and IT services related to your representation for functions, arranging temporary employment for our clients, processing time accounts, payroll and other payments, tax withholdings, issuing pay stubs, etc.

Securely store your personal information to prevent it from being lost or used, accessed, disclosed, or modified in an unauthorized manner

To investigate and attempt to resolve problems, disputes and complaints between us and between us, you and our customers

 

 

 

 

To manage and protect our business and website (including troubleshooting, data analysis, audits, system maintenance, support, reporting, and hosting of data)

For marketing and communication purposes, to provide you with suggestions and recommendations on other relevant services that may be of interest to you (newsletters, salary guides, online trainings

To provide relevant website content and to measure and understand the effectiveness of our advertising

To use data analytics to improve our website, products/services , marketing, customer relationships and experiences

Retain your personal data and for as long as necessary for the provision of staffing services (temporary staffing, recruitment and/or the provision of consultants).

 

 

 

To assist us in responding to questions, complaints, or for other reasons, such as to respond to inquiries from regulatory, governmental, and law enforcement agencies such as the police

Identity

Contact details

Financial data

Transactional data

Marketing and communications Payroll information

Qualifications

Identity

Contact Details

Proof of work and residence permits Curriculum vitae

References

Qualifications

Financial data

Identity

Contact

Profile/Survey

Marketing and communication

Identity

Contact Details

Proof of work and residence permits Curriculum vitae

References

Qualifications

Salary

 

 

 

Identity

Contact details

Profile

Usage data

Marketing and communication Proof of work and residence permits. Resume

References

Qualifications

Salary

 

 

 

Identity

Contact

Technical data

Identity

ContactIdentity

Contact

Technical Data

Usage data

Profile data

Identity

Contact

Profile data

Usage data

Marketing and communication Technical data

 

 

Technical data

Usage data

Profile data

 

Identity

Contact details

Profile

Usage data

Marketing and communication Proof of work and residence permits Resume 

References

Qualifications

Financial information Payroll information en

 

 

 

 

Contact

Fulfillment of a contract (in relation to the type of services provided);

Legitimate interests

Legal or regulatory obligation

 

Legitimate interests (this transfer is necessary to operate our business).

Legal or regulatory obligation

 

 

 

 

 

Fulfillment of a contract Legal or regulatory obligation (to enable us to conduct business and improve our services)

 

Legitimate interests (to maintain our records and study how applicants and potential applicants and visitors to our website use our services and website in order to develop and improve them and grow our business

 

 

 

 

 

Legal or regulatory obligation

Fulfillment of a contract

 

 

 

Legitimate interests (to be able to protect our business) Defense against legal claims

Fulfillment of a contract

 

 

 

Legitimate interests (to keep our business and website secure)

Legal or regulatory obligation

 

 

 

 

Legitimate interests (to send you salary guidelines and other relevant information).

Your consent

 

 

 

Legitimate Interests (to study how customers use our products/services/websi tes in order to develop them further and to grow our business and adapt our marketing strategy accordingly).

 

Legitimate Interests (to define types of customers for our products and services, to keep our website up to date and relevant, to develop our business, and to communicate our marketing strategy).

Legitimate interests (in order to be able to operate our business)

 

Legal or regulatory obligation

 

Legitimate interests (in order to be able to operate our business) Legal or regulatory obligation

Links to other websites

Our website may contain links to third-party websites, plug-ins, and applications. When you click on these links or enable these connections, third parties may collect or share information about you. We do not control these third-party websites and are not responsible for their privacy statements.

Data protection for minors

This website is not intended for use by children under the age of 13. Brainswork GmbH does not knowingly collect personal information from children under the age of 13. If we learn that we have collected personal information from a child under 13, we will delete that information from our systems.

Marketing

Your choices: Marketing Communications: To the extent not inconsistent with your marketing preferences and applicable privacy laws, we may from time to time send you email updates about promotions or services that we think may interest you, such as jobs in our database that match your eligibility criteria, newsletters, white papers, surveys and event information. You may opt out of receiving marketing emails from us.

Feedback and complaints

Pursuant to Article 77 of the GDPR, you have the right to lodge a complaint with the supervisory authority if you consider that the processing of your personal data infringes the GDPR. We ask that you give us the opportunity to discuss your concerns with you before contacting the supervisory authority, so please contact our appointed

DPO: sabrina.wrede@brains-work.de

Changes to this privacy policy

If we change this Privacy Policy, we will post any updates here for your review. If we make significant changes to our notice, we may also notify you by other means, such as an email or a notice on our home page.

This privacy policy was last updated on: 01.07.2020

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