Privacy notice for job applicants
Last updated on 08.06.2022
Information on data protection about our processing of applicant data in accordance with Art. 13, 14 and 21 of the General Data Protection Regulation (GDPR) at Rokaware SL and the Netzo family of companies ("Affiliates") ("Netzo").
we are pleased to know you are interested in our company. In accordance with the provisions of Art. 13, 14, and 21 of the General Data Protection Regulation (GDPR), we hereby inform you about the processing of the personal data you have transmitted as part of the application process and any personal data we may have collected and your rights in this regard. To ensure that you are fully informed about the processing of your personal data as part of the application process, please note the information below.
1. Identity and contact of the data controller under data protection law:
Main place of business (HQ)
Paseo de la Castellana 30, Bajo Derecha
28046 Madrid, Spain
+34 910 601 536
Arturo Romero Karam (M. Sc.)
Place of jurisdiction: Madrid Local Court
NIF (Tax-ID): B09980772
Netzo family of companies ("Affiliates")
|German Office||Mexico Office|
Tal 44, 80331 Munich, Germany
+49 892 4886 6390
Arturo Romero Karam (M. Sc.)
Place of jurisdiction: Munich Local Court
Commercial register number: HRB 265887
USt-ID (Tax-ID): DE344312042
|ROKAWARE S.A.P.I. de C.V.|
66274 San Pedro Garza Garcia, Mexico
Arturo Romero Vargas (MBA)
RFC (Tax-ID): ROK220225I67
2. Contact of the data protection officer:
Support in English and German. For questions in Spanish, please write to us at: [email protected]
When contacting the data protection officer, please state the company to which your request relates. Please DO NOT provide sensitive information that could identify you, e.g. attaching copy of ID.
3. Purposes and legal basis of processing
We process your personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG), insofar as this is necessary for the decision to establish an employment relationship with us. The legal basis is Art. 88 GDPR in conjunction with § 26 BDSG for the purposes of the employment relationship, if this is necessary for the decision on the establishment of an employment relationship.
Furthermore, we can process your personal data if this is necessary to fulfill legal obligations (Art. 6 (1)(c) GDPR) or to defend against or assert legal claims. The legal basis for this is Art. 6 (1)(f) GDPR. The legitimate interest is, for example, a burden of proof in proceedings under the German General Equal Treatment Act (AGG).
If you give us your express consent to the processing of personal data for specific purposes, the lawfulness of this processing is given on the basis of your consent in accordance with Art. 6 (1)(a) GDPR. Any consent given can be revoked at any time with effect for the future (see Section 9 of this data protection information).
If there is an employment relationship between you and us, we can, in accordance with Art. 88 GDPR in conjunction with § 26 BDSG further process the personal data already received from you for the purposes of the employment relationship, insofar as this is necessary for the implementation or termination of the employment relationship or for the exercise or fulfillment of obligations arising from a law or a collective agreement, a company or service agreement (collective agreement) resulting rights and obligations of the representation of interests of the employees is required.
4. Categories of personal information
We only process data that is related to your application. This can be general data about you (name, address, contact details, etc.), information about your professional qualifications and school education, information about professional training, and if necessary, other data that you send us in connection with your application. Examples for this information are links to social media (LinkedIn) or developer applications (Github).
Furthermore, you can choose to upload expressive documents such as a cover letter, your CV, and reference letters. These may contain additional personal data such as date of birth, phone number, etc.
5. Sources of the data
We process personal data that we receive from you by post or e-mail when you contact us or your application or that you send us via e-mail, telephone, web forms on our websites and direct communication via social media channels and submit when filling out a job offer form.
6. Recipients of the data
We only pass on your personal data within our company to those areas and authorized people who need this data to fulfill contractual and legal obligations or to implement our legitimate interest.
We may transmit your personal data to companies affiliated with us, insofar as this is permitted within the scope of the purposes and legal bases set out in Section 3 of this data protection information sheet. Your personal data will be processed on our behalf on the basis of order processing contracts in accordance with Art. 28 GDPR. In these cases we ensure that the processing of personal data in accordance with the provisions of the GDPR. In this case, the categories of recipients are providers of Internet service providers and providers of applicant management systems and software.
Otherwise, data will only be passed on to recipients outside the company if this is permitted or required by law, if the transfer is necessary to fulfill legal obligations or if we have your consent.
7. Transfer to a third country
A transfer of personal data to countries outside the EEA (European Economic Area) or to an international organization is not intended. Data transmitted as part of your application will be transferred using TLS encryption and stored in a database. This database is operated by Personio GmbH, which offers a human resource and applicant management software solution (https://www.personio.com/legal-notice/). In this context, Personio is our processor under article 28 of the GDPR. In this case, the processing is based on an agreement for the processing of orders between us as the controller and Personio.
8. Duration of data storage
We store your personal data as long as this is necessary for the decision on your application. Your personal data or application documents will be deleted no later than six months after the end of the application process (e.g. notification of the rejection decision) unless longer storage is legally required or permitted. In addition, we only store your personal data insofar as this is required by law or in a specific case for the assertion, exercise, or defense of legal claims for the duration of a legal dispute.
After this period, we are obligated to delete or anonymize your data. In case of anonymization, the data will only be available to us in the form of so-called metadata, without any direct personal reference, for statistical analysis (for example, share of male and/or female applicants, number of applications per specified period of time etc.).
If the application process leads to an employment, apprenticeship, or internship relationship, your data will continue to be stored, to the extent necessary and permissible, and then transferred to the personnel file.
9. Your Rights
Every data subject has the right to information under Art. 15 GDPR, the right to rectification under Art. 16 GDPR, the right to erasure under Art. 17 GDPR, the right to restriction of processing under Art. 18 GDPR, the right to notification according to Art. 19 GDPR and the right to data portability according to Art. 20 GDPR.
In addition, there is a right of appeal to a data protection supervisory authority under Art. 77 GDPR if you believe that your personal data is not being processed lawfully. The right to lodge a complaint is without prejudice to any other administrative or judicial remedy.
If the processing of data is based on your consent, you are entitled under Art. 7 GDPR to revoke your consent to the use of your personal data at any time. Please note that the revocation only applies to the future. Processing that took place before the revocation is not affected. Please also note that we may have to store certain data for a certain period of time in order to fulfill legal requirements (see Section 8 of this data protection information).
Right to object
Insofar as your personal data is processed in accordance with Art. 6 (1)(f) GDPR to protect legitimate interests, you have the right, in accordance with Art. 21 GDPR, to object at any time to the processing of this data for reasons arising from your particular situation insert data. We will then no longer process this personal data unless we can demonstrate compelling legitimate grounds for processing. These must outweigh your interests, rights and freedoms, or the processing must serve to assert, exercise or defend legal claims.
To protect your rights, you can contact us using the contact details given in Section 1.
10. Necessity to provide personal data
The provision of your personal data as part of the application process is voluntary. However, we can only make a decision to establish an employment relationship or establish an employment relationship with you if you provide such personal data as is necessary to carry out the application.
11. Automated Decision Making
The decision about your employment relationship is not based solely on automated processing. There is, therefore, no automated decision in individual cases, according to Art. 22 GDPR.
This notice on the protection of personal data is written in multiple languages. The english version shall prevail; other languages are provided in an informative character.
13. Concluding provisions
We reserve the right to adjust this privacy notice 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 application process or other processes. In this case, the new privacy notice applies to any later visit of this recruitment website or any later job application.
You can always revisit the (latest) privacy notice for applicants.