This data privacy policy is supplementary to our existing general data protection declaration, in which you will find specific information on how we process your personal data during your visit to our website or in the case of non-application-specific topics.

Data privacy policy for the online application process

Preamble

This document is for informational purposes only. The legally binding version is always the German version of this document. New Work SE, Am Strandkai 1, 20457 Hamburg, Deutschland (hereinafter referred to as “Onlyfy”) offers the e-recruiting system “Onlyfy” on the *.onlyfy.io domain (hereinafter referred to as “onlyfy.io”), where companies can advertise job vacancies and receive and manage applications.

Within the framework of these activities, Onlyfy processes personal data on behalf of and for the purposes of the company that you wish to contact with regard to your application. In terms of data protection legislation, that company is designated as a controller within the meaning of Art. 4 (7) of the General Data Protection Regulation (GDPR). Onlyfy acts in this relationship as a processor within the meaning of Art. 4 (8) GDPR.

The protection and confidentiality of your data are of particular importance to Onlyfy and ESE GmbH. Of course, your data are processed exclusively in accordance with the relevant data protection provisions, in particular the Austrian Data Protection Act (DSG), the Austrian Telecommunications Act (TKG), the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). This Data Protection Policy also meets all of the statutory requirements that will become mandatory with the enactment of the European General Data Protection Regulation (GDPR). The GDPR comes into force on 25 May 2018.

Under no circumstances will Onlyfy transmit your personal details to third parties for advertising, marketing or other purposes without authorisation. If you have any questions about this Data Protection Policy, you can contact Merentis DataSec GmbH, the company responsible for data protection by email at datenschutz@ese.de, or jobs@ese.de to ESE GmbH.

Cookies

Onlyfy uses “cookies” to operate *.onlyfy.io. These are used to make the website content more user-friendly, more effective and more secure. Cookies are small text files that are stored on your computer.

• Session cookies are deleted as soon as you leave *.onlyfy.io.
• Permanent cookies (e.g. to enable you to return to the application process at a later stage) remain on your computer’s hard drive until they are deleted by your browser. You can prevent the installation of cookies on your computer by adjusting your browser software accordingly. Please note, however, that in this case some functions of Onlyfy may not be available to you to their full extent.
• Cookies may be required to maintain the “functionality” of the website. Use of such cookies does not require consent and cannot therefore be deactivated.
• Cookies that are used to “analyse” your behaviour on *.onlyfy.io are saved only with your consent. If Onlyfy use cookies that require consent, when you first access *.onlyfy.io there will appear a cookie banner on which you can agree to the use of cookies that require consent.

If you wish to change your cookie settings at a later date, you can make the change on the website in the “Cookies” section.

Below is a list of the cookies used:

Validity of the Agreement (severability clause)

The legal inadmissibility, ineffectiveness, invalidity or unenforceability of parts of these data protection provisions and conditions of use does not affect the effectiveness and validity of the remaining provisions.

Applicants' duties to provide information in accordance with Article 13, 14 EU GDPR

For the automated processing of your application, the following data are collected and processed:

1. 1. 1. first name, surname, email address and, as necessary, address/location, date of birth, title, telephone number, nationality
      2. Additional questions depending on the respective job vacancy (e.g. driving license)
      3. CV, in particular information about professional experience and training
      4. Skills (e.g. Photoshop, MS Office)
      5. Application photo
      6. Qualifications, awards and linguistic skills
      7. Cover letter
      8. Any files and documents that you upload

Onlyfy stores the written electronic communication that takes place between you and the company to which you are applying. In addition, Onlyfy process comments and assessments that are written about you in the course of your application process.

To allow Onlyfy to adapt their services to your needs in future and facilitate easy use of the website, Onlyfy record statistical information about your surfing behaviour on our website (e.g. the areas of the website you click on or the times when you log in). This data may be recorded for the purposes of support or service optimization and viewed at any time by the Onlyfy administrator, as required.

Onlyfy processes and uses the personal data collected to provide Onlyfy services, for the purposes of registration on the companies’ websites, and for the purposes of sharing information between applicants and companies. We wish to draw your attention to the fact that for the purposes of direct advertising we will send you electronic messages about new job offers from companies to which you have previously applied. On behalf of those companies, we process your name, your email address and the data that you entered on your previous application.

ESE GmbH only processes personal data which we receive from you within the scope of your application via *.onlyfy.io. This data is neither published nor passed on to third parties without your consent. 
Apart from Onlyfy, which processes your data in the course of providing its services, the recipients of your personal data are:

• Human Resources Department, Recruiting, Management, Departmental Management, Group Management and Sales Representatives within ESE GmbH
• Subcontractors provide support in the provision of Onlyfy's services as IT service providers and as part of hosting services. These have their headquarters in Austria and Germany. If other processors are contracted to provide maintenance services, these processors may have access to your data as part of their work. In such a case, Onlyfy will contractually require the processors to comply with the applicable data protection regulations and the data protection and confidentiality provisions of this agreement.
• Onlyfy may be legally obliged to surrender your data if it is necessary for the assertion, exercise or defence of legal claims of ESE GmbH before a public authority.

If ESE GmbH or Onlyfy wishes to use your data in a manner that goes beyond the above, your express consent will be obtained in advance.

Personal data of rejected applicants are stored for a maximum of six months, starting from the date of rejection of the application. If you prefer a longer storage period for your application process (to continue your application at a later date, for example), we request that you adjust the settings accordingly when you register.

Longer storage periods may also result from the fact that the data are required to assert, exercise or defend legal claims in respect of the authorities or if statutory storage periods apply. The data will be stored as long as necessary to fulfil these purposes.

You have the right to free information about the personal data about you that we process, as well as the right to correct and erase data, to limit data processing, and the right to data transferability.

(1) You can request information about whether we have stored personal data about you. If you wish, we will tell you what data is involved, for what purposes the data is processed, to whom this data is disclosed, how long the data is stored and what other rights you have with regard to this data.

(2) In addition, you have the right to have your data corrected or deleted. You may also request that we provide any personal data you have provided to us in a structured, common and machine-readable format either to you or to a person or company of your choice.

(3) You also have the right not to be subject to a decision based solely on automated processing - including profiling - which produces legal effects concerning you. In the context of the application process, we do not use exclusively automated processing for decision-making.

Withdrawal option

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you, which is based on processing carried out in the public interest and processing performed on the basis of weighing up the respective interests; this includes profiling based on these provisions.

If you raise an objection, we will no longer process your personal data unless we are able to present imperative reasons for the processing, which override your interests, rights and freedoms, or if the processing is necessary for the establishment, exercise or defence of legal claims. The objection can be made without any particular formal requirements, and, if possible, should be addressed to: jobs@ese.de.

Please note that the objection is only effective for the future. Processing that took place before the objection is not affected.

You have the right to lodge a complaint with a supervisory authority.

During the course of the application process, you only have to provide that personal data needed to establish an employment relationship.

The provision of personal data is not legally or contractually stipulated, but is necessary to have an orderly selection/application process and for any resultant conclusion of contract.

We do not employ any automated processing procedures for reaching a decision concerning the establishment and performance of your employment relationship.

We do not process your data for the purpose of profiling.

Data protection officer
Deutsche Bahn AG
Frau Dr. Marein Müller
datenschutz@ese.de
+49 (0)30 297 62550
Potsdamer Platz 2
10785 Berlin
Germany