This Privacy Policy explains the processing of your personal data within the application procedure with Vay Technology GmbH, c/o The Drivery, Mariendorfer Damm 1, 12099 Berlin.

1. What is the scope of this privacy notice?

In this privacy notice, we inform You how Vay Technology GmbH collects and uses personal data during our recruitment and selection processes. This covers in particular the recruiting process, interviewing process and, if applicable, the hiring process.

Please take the time to read this notice thoroughly.

For an explanation of individual terms in this privacy policy, such as "processing", we refer to the definitions of the General Data Protection Regulation ("GDPR").

2. Who shall be addressed by this privacy notice?

This privacy policy applies to all applicants of Vay Technology GmbH, these are hereinafter referred to as "Applicant" or "You".

3. Who are we?

The recruitment and selection process is carried out by Vay Technology GmbH, c/o The Drivery, Mariendorfer Damm 1, 12099 Berlin (hereinafter "Vay" or "We").

We are also the Controller in terms of Art. 4 (7) GDPR.

4. What kind of data do we process?

In order to check whether You and your skills fit our team and our needs, we collect and process personal data in the application process and, if necessary, to establish an employment relationship. We obtain this data from the information and documents we have received from You as part of the application process.

This includes in particular:

• Personal data (e.g. Applicant name, address, date of birth)
• Communication data (e.g. telephone, e-mail)
• Application documents (e.g. professional career, part-time jobs, sideline activities, leisure activities, qualifications)
• Results of selection procedures of the application (e.g. tests, interviews)
• Data of the application process (e.g. status, scheduled calls)
• Work permit information (e.g., valid work permit, citizenship)

The data may also include special categories of personal data as defined in Art. 9 GDPR (in particular health data), if You have provided us with such data.

5. What do we process your data for and on what legal basis? (Purpose of the processing)

For the purpose of managing and controlling your application, we collect, process and use the personal data that You have provided to us via the online application form or by sending us your resume.

All processing is carried out in accordance with the GDPR and the German Data Protection Act ("BDSG"). 

The Processing of your personal data is based on at least one of the following legal bases: 

• on the basis of your consent (Art. 6 para. 1 lit. a GDPR)

  In the run-up to a potential application, we may process your personal data on the basis of your consent.  Art. 88 (1) GDPR in conjunction with Section 26 (2) and (8) S. 2 BDSG stipulates the legal basis for that.

• The processing is necessary for the performance of a contract to which the data subject is a party or for the implementation of pre-contractual measures (Art. 6 para. 1 lit. b GDPR).

  If You apply to us, we may (further) use your personal data during the application process, insofar as this is necessary for the evaluation of a potential employment with Vay. Art. 88 para. 1 GDPR in conjunction with § 26 para. 1 BDSG and Art. 6. para. 1. lit b GDPR stipulates the legal basis for that.

  If You are hired sucessfully, we may further process the personal data already collected for purposes of the employment relationship, if the data is necessary for the implementation or termination of the employment relationship. The legal basis for this is found in Art. 88 GDPR in conjunction with Section 26 (1) BDSG, Art. 6 (1) lit. b GDPR.

• For the fulfillment of a legal obligation (Art. 6 para. 1 lit c GDPR)
• The processing of your personal data may be necessary for the purpose of complying with legal obligations to which Vay is subject by law. For example, we need to check whether the legal requirements for a work permit are met. 
• For the protection of legitimate interests (Art. 6 para. 1 lit. f GDPR). The processing of your personal data may take place because Vay has, for example, a legitimate interest in checking whether your skills and interests match our vacant positions or whether training measures are required.

6. Processing of special categories of personal data

Insofar as we process special categories of personal data within the meaning of Art. 9 GDPR, processing shall only take place in the cases listed in Art. 9 (2) GDPR, in particular if

• You have expressly consented to processing;
• Processing is necessary for us to enter into a contract with you. This also includes processing to determine whether we are entering into a contract with you; or
• Processing is required by law.

7. Will my data be transferred to third parties?

As a matter of principle, data is not transferred to third parties without your express consent, except in the context of order processing. Within our Company, only those individuals will have access to your personal data who need it to fulfill the purposes stated above. 

However, we may, to the extent legally permissible, transfer your personal data to authorities (e.g. social security institutions, tax authorities or law enforcement agencies) and courts in Germany and abroad for the purpose of fulfilling legal obligations (Art. 6 (1) lit. c GDPR) or order o pursue the interest of the company (Art. 6 (1) lit. F GDPR).

In addition, your data may be passed on to a processor for the purpose of managing and controlling your application, to improve the recruitment process and for statistical purposes. We select these processors with due care to ensure that your data is stored and processed properly. These processors are primarily Greenhouse and TalentWall (see below). We also use Google Workspace to handle the application process.

8. Deletion periods

We store your personal data as long as You are still actively applying for a job, but no longer than 180 days after the application process has been completed. 

If your application is successful, we will keep your application documents as part of our personnel profile.

If your application is rejected, we will subsequently delete your data unless You have expressly consented to the further storage of your data.

It may happen that, even if your application is rejected, we invite You to consent to store your application data for a longer period than 180 days in order to contact You again regarding future interesting job offers. The legal basis for this data processing is, subject to your consent, Art. 6 (1) a) GDPR.

Certainly, You can revoke this consent at any time.

9. Will my data be transferred to a third country, especially outside the EU?

To process and manage your application via our online portal, we use the services of Greenhouse Software, Inc. 18 West 18th Street, 11th Fl., New York, New York 10011, USA ("Greenhouse"). In this case, personal data provided by You in the application will be transmitted, stored and processed by us to Greenhouse. Greenhouse acts on our request and is subject to our instructions as the processor.

For statistical purposes and to improve our application processes, we process the data submitted to Greenhouse through TalentWall, Inc, 9450 SW Gemini Dr, PMB 42791 Beaverton, Oregon 97008-7105 US.  ("Talentwall").

In this regard, Greenhouse and Talentwall are bound to strict confidentiality and only process data on behalf of and in accordance with the instructions of Vay , Vay has control over the data processing in this respect. 

Greenhouse may also transfer your data outside the EU/EEA, in particular to the USA.

There is currently no adequacy decision of the EU Commission as defined in Art. 45 (1), (3) GDPR in place for processing data to the USA. This means that the EU Commission has determined that the level of data protection in the USA does not correspond to that of the European Union on the basis of the GDPR.

The storage and processing is therefore based on the EU standard contractual clauses. Even if this already ensures a high level of data protection, it cannot be guaranteed with absolute certainty that European data protection standards will be met in the event that personal data is then transferred to the United States of America. Nevertheless, we have taken the following measures to ensure the protection of your personal data:

• The transfer to and processing by Greenhouse takes place within the framework of a processing agreement existing between Vay and Greenhouse within the meaning of Art. 28 GDPR to ensure that Greenhouse only processes the data according to our specifications and in compliance with the GDPR. 
• The transfer to Greenhouse only takes place in compliance with contractual obligations officially recognized by the EU Commission (so-called standard contractual clauses). 

If You would like to know more about the supplementary measures and the EU standard contractual clauses, we will be happy to send You a copy of these clauses and more detailed information about the supplementary measures upon request to [email protected]. For more information about Greenhouse, please visit: https://www.greenhouse.io/ . For more information about TalentWall, please visit https://talentwall.io/ .

Application by mail or E-Mail

If You do not agree with the use of Greenhouse and TalentWall despite our safety measures, You may also apply by mail to our above-mentioned company address or by E-Mail ([email protected]). Applications are treated equally regardless of how they are received.

10. Data subject rights and supervisory authority

You are entitled to make use, amongst others, of the the following rights regarding the processing of your personal data:

• Right of access by the data subject (Art. 15 GDPR) 
• Right to rectification (Art. 16 GDPR)
• Right to erasure (Art. 17 GDPR)
• Right to restriction of processing (Art. 18 GDPR)
• Right to data portability (Art. 20 GDPR)
• Right to object (Art. 21 GDPR)

You may further lodge a complaint with the German data protection authorities.

11. Do You have questions about this privacy policy or about the protection of your data by us? 

Feel free to contact our data protection officer at any time at the above company address or by email at [email protected].