This data protection declaration informs you about the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the websites, functions and content associated with it, as well as external online presences, such as our social media profiles. (hereinafter collectively referred to as “online offer”). With regard to the terms used, such as “processing” or “responsible party / provider”, we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
Responsible person / provider
CH- 9403 Goldach
Tel.: +41 71 552 14 14
Link to the imprint: https://www.dualoo.com/en/imprint
Data Protection Officer
Entry in WebDatareg of the Confederation: https://www.datareg.admin.ch/
Types of data processed
– Inventory data (e.g., names, addresses).
– Contact details (e.g., email, phone numbers).
– Content data (e.g., text input, photographs, videos).
– Usage data (e.g., websites visited, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).
Categories of persons concerned
Visitors and users of the online offer (hereinafter we also refer to the data subjects collectively as “users”).
Purpose of the processing
– Your personal data will be processed as part of your application and for the purpose of filling the position.
– Provision of the online offer, its functions and contents.
– Responding to contact requests and communicating with users.
– Safety measures.
– Reach measurement/marketing
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Processing” means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and covers virtually any handling of data.
Controller/Provider” means the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.
Relevant legal bases
In accordance with Art. 13 GDPR, we inform you about the legal basis of our data processing. If the legal basis is not stated in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 1 lit. a and Art. 7 GDPR, the legal basis for processing to fulfil our services and carry out contractual measures and respond to enquiries is Art. 6 1 lit. GDPR, the legal basis for processing to fulfil our legal obligations is Art. 6 1 lit. c GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 1 lit. d GDPR serves as the legal basis.
Cooperation with processors and third parties
If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as recruitment service providers or payment service providers etc., is necessary for the performance of the contract pursuant to Art. 6 Para. 1 lit. b GDPR), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when carrying out assessments, using agents, web hosts, etc.).
If we entrust third parties with the processing of data on the basis of a so-called “data protection agreement”, we will do so. “Order processing contract”, this is done on the basis of Art. 28 GDPR.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or do so in the context of using third-party services or disclosing or transferring data to third parties, this will only be done if it is done to fulfil our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or allow the processing of data in a third country if the special requirements of Art. 44 ff. GDPR are met. I.e. the processing takes place e.g. on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding to the EU (e.g. for the USA and Switzerland through the “Privacy Shield”) or compliance with officially recognised special contractual obligations (so-called “standard contractual clauses”).
Rights of the data subjects
You have the right to request confirmation as to whether data in question is being processed and to information about this data, as well as further information and a copy of the data in accordance with Art. 15 GDPR.
You have the right according to Article 16 of the GDPR, you have the right to request that the data concerning you be completed or that the inaccurate data concerning you be corrected.
In accordance with Article 17 of the GDPR, you have the right to demand that the data in question be deleted without delay or, alternatively, to demand restriction of the processing of the data in accordance with Article 18 of the GDPR.
You have the right to request to receive the data concerning you that you have provided to us in accordance with Art. 20 of the GDPR and to request its transfer to other data controllers.
You also have the right to lodge a complaint with the competent supervisory authority pursuant to Art. 77 GDPR.
Right of withdrawal
You have the right to revoke consent granted in accordance with Art. 7 Abs. 3 GDPR with effect for the future.
Right of objection
You may object to the future processing of data concerning you in accordance with Art. 21 GDPR at any time. The objection can be made in particular against processing for direct marketing purposes.
Cookies and right to object to direct advertising
Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his or her visit to an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. The content of a shopping basket in an online shop or a login jam, for example, can be stored in such a cookie. As “Permanent” or “persistent” cookies are those that remain stored even after the browser is closed. For example, the login status can be saved if users visit them after several days. Likewise, the interests of users can be stored in such a cookie, which is used for reach measurement or marketing purposes. As “Third-party cookies” are cookies that are offered by providers other than the responsible party that operates the online offer (otherwise, if they are only its cookies, they are referred to as “first-party cookies”).
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
The data processed by us will be deleted or restricted in its processing in accordance with Articles 17 and 18 GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing is restricted. I.e. the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law.
According to legal requirements in Germany, the storage is carried out in particular for 6 years in accordance with § 257 257 para. 1 HGB (commercial books, inventories, opening balances, annual financial statements, commercial letters, accounting vouchers, etc.) as well as for 10 years in accordance with § 147 para. 1 AO (books, records, management reports, accounting vouchers, commercial and business letters, documents relevant for taxation, etc.).
According to legal requirements in Austria, storage is carried out in particular for 7 years pursuant to § 132 para. 1 BAO (accounting records, vouchers/invoices, accounts, receipts, business papers, statement of income and expenditure, etc.), for 22 years in connection with real property and for 10 years for records in connection with electronically provided services, telecommunications, radio and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is claimed.
Business related processing
In addition we process
– Contract data (e.g., subject matter of the contract, term, customer category).
– Payment data (e.g., bank details, payment history)
of our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
The hosting services used by us serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services, which we use for the purpose of operating this online offer.
In doing so, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta data and communication data of customers, interested parties and visitors of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer pursuant to Art. 6 Abs. 1 lit. f DSGVO in conjunction with Art. 28 GDPR (conclusion of a contract processing agreement). The provider is obliged to take suitable precautions against data loss and to prevent unauthorised access by third parties to the user’s data. For this purpose, the provider makes daily backups, checks the user’s data for viruses and installs firewalls.
The user is not entitled to transfer the storage space to a third party for use, in part or in full, against payment or free of charge. The user undertakes not to store any content on the storage space whose provision, publication and use violate applicable law or agreements with third parties.
Collection of access data and log files
We, or rather our hosting provider, collect data on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR, we collect data about every access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
Log file information is stored for security reasons (e.g. to clarify acts of abuse or fraud) for a maximum of 7 days and then deleted. Data whose further storage is required for evidentiary purposes is exempt from deletion until the respective incident has been finally clarified.
Confidentiality of user content
The Provider undertakes to maintain strictest secrecy about all confidential processes, in particular business or trade secrets of the User, which come to its knowledge in the context of the preparation, execution and fulfilment of this contract, and to neither pass them on nor exploit them in any other way. This applies to any unauthorised third parties, i.e. also to unauthorised employees of both the Provider and the User, unless the disclosure of information is necessary for the proper fulfilment of the Provider’s contractual obligations. In cases of doubt, the Provider is obliged to ask the User for consent before such disclosure.
The user undertakes to maintain strictest secrecy about all confidential personal data and processes of other users which come to his knowledge and neither to pass them on nor to use them in any other way. This applies to any unauthorised third parties, i.e. for example also to unauthorised employees, unless the disclosure of information is necessary for proper performance. In cases of doubt, the user is obliged to ask the user whose personal data he is processing for consent before such disclosure.
The Provider undertakes to agree with all employees and subcontractors employed by it in connection with the preparation, execution and performance of this Agreement on a provision identical in substance to the preceding paragraph of this Clause.
Collection of anonymous data
The provider collects anonymous data from users using the software. This includes the IP address, domain and host via which the internet is used, browser version, the current date, the address of the websites referred to on the software and the time of access. In order to improve the user-friendliness of the platform, the actions of individual users during a session may also be recorded anonymously. This data is not assigned to specific persons. This data is not merged with other data sources. The data is also deleted after a statistical evaluation.
Anonymised user data is also used by the provider, for example, to implement matching between applicants and vacancies. However, data is only passed on to other users (or companies) with the consent of the user concerned.
Collection of personal data
The user agrees that all master data entered by him/her, i.e. personally assigned data, may be evaluated for internal purposes. This specifically includes the information of the specific user, the further development of the software and the analysis of user behaviour.
The Provider shall not disclose personal data to third parties without the express consent of the User, which consent may be revoked at any time.
The user grants the provider the right to make his/her profile picture, first name, middle name and last name public. Company accounts grant the Provider the right to publish the logo/profile picture, company name, company description and location and contact persons. This serves the purpose of being found by other users.
Personal data is collected at the earliest when the user fills out the registration form for the purpose of opening access to the software, or when the written contract between the user and the provider has been concluded and the user creates his or her profile. Personal data includes, for example, the user’s first name and surname, contact details (such as address, telephone, gender, date of birth, e-mail address, etc.). After registering and activating the account, the user has the option of entering further personal data in his or her user profile, such as desired training occupation, interests and leisure activities, etc., depending on the type of user. In addition, the user can upload documents such as references, certificates, apprenticeship contracts and many more.
The personal data is visible in the software for registered and logged-in users. Non- members, on the other hand, have no access to this personal data.
If the user is a representative person of a company (e.g. contact person when receiving applications, data protection officer, etc.), the business contact data as well as the profile picture may be published by authorised persons in the company for a specific purpose. This may only be done with the express consent of the user concerned. The provider cannot be held liable for legal consequences if this consent was not obtained lawfully.
Users can control access to their data and documents by configuring their privacy and settings accordingly. In principle, the user’s data is anonymous until the user gives permission to share the information. The user who has made the information accessible to third parties is exclusively and fully liable for all shared information.
Use of user data for marketing purposes of the provider
The Provider is entitled to name the User as a reference and to use general information about the agreed contract in a suitable manner for marketing and sales purposes.
The User agrees that the Provider may use his/her name and company logo on their website and for press releases, brochures and reports etc. by indicating that he/she is a User of the Provider.
Provision of contractual services
We process inventory data (e.g., names and addresses as well as contact data of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services pursuant to Art. 6 Abs. 1 lit b. GDPR. The entries marked as mandatory in online forms are required for the conclusion of the contract.
Within the framework of the use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests as well as those of the users in protection against misuse and other unauthorised use. In principle, this data is not passed on to third parties unless it is necessary for the pursuit of our claims or there is a legal obligation to do so in accordance with Art. 6 Abs. 1 lit. c GDPR.
We process usage data (e.g. the web pages visited on our website, interest in our products) and content data (e.g. entries in the contact form or user profile) for advertising purposes in a user profile, e.g. in order to display product information to users based on the services they have used to date.
The deletion of the data takes place after the expiry of legal warranty and comparable obligations, the necessity of keeping the data is reviewed every three years; in the case of legal archiving obligations, the deletion takes place after their expiry. Information in any customer account shall remain until it is deleted.
Administration, financial accounting, office organisation, contact management
We process data within the framework of administrative tasks as well as organisation of our business, financial accounting and compliance with legal obligations, such as e.g. archiving. In doing so, we process the same data that we process in the context of providing our contractual services. The processing bases are Art. 6 para. 1 lit. c. GDPR, Art. 6 Abs. 1 lit. f. GDPR. Customers, interested parties, business partners and website visitors concerned. The purpose and our interest in the processing lies in the administration, financial accounting, office organisation, archiving of data, i.e. tasks that serve the maintenance of our business activities, performance of our tasks and provision of our services. The deletion of data with regard to contractual services and contractual communication corresponds to the information provided in these processing activities.
We disclose or transmit data to the tax authorities, advisors such as tax advisors or auditors as well as other fee offices and payment service providers.
Furthermore, we store information on suppliers, organisers and other business partners on the basis of our business interests, e.g. for the purpose of contacting them at a later date. This data, most of which is company-related, is stored permanently.
Business analyses and market research
In order to operate our business economically and to be able to recognise market trends, customer and user wishes, we analyse the data we have on business transactions, contracts, enquiries, etc.. In doing so, we process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 para. 1 lit. GDPR, whereby the data subjects include customers, interested parties, business partners, visitors and users of the online offer.
The analyses are carried out for the purpose of business evaluations, marketing and market research. In doing so, we may take into account the profiles of registered users with details of their purchase transactions, for example. The analyses serve us to increase user-friendliness, optimise our offer and improve business management. The analyses serve us alone and are not disclosed externally, unless they are anonymous analyses with summarised values.
If these analyses or profiles are personal, they will be deleted or anonymised upon termination of the users, otherwise after two years from the conclusion of the contract. Otherwise, the macroeconomic analyses and general tendency determinations are created anonymously if possible.
Data protection information in the application procedure
We only process the applicant data for the purpose of and within the scope of the application procedure in accordance with the legal requirements. requirements. Applicant data is processed to fulfil our (pre)contractual obligations within the scope of the application procedure in accordance with Art. 6 1 lit. b. GDPR Art. 6 Abs. 1 lit. insofar as the data processing becomes necessary for us, e.g. within the scope of legal procedures (in Germany, § 26 BDSG also applies).
The application procedure requires that applicants provide us with the applicant data. The necessary applicant data are marked if we offer an online form, otherwise they result from the job descriptions and This basically includes personal details, postal and contact addresses and the documents belonging to the application, such as cover letter, CV and certificates. In addition, applicants can voluntarily provide us with additional information.
Insofar as special categories of personal data within the meaning of Art. 9 GDPR are voluntarily provided within the scope of the application procedure, their processing is additionally carried out in accordance with Art. 9 Abs 2 lit. b GDPR (e.g. health data, such as severely disabled status or ethnic origin). Insofar as special categories of personal data within the meaning of Art. 9 Abs. 1 GDPR are requested from applicants as part of the application process, their processing is additionally carried out in accordance with Art. 9 Abs. 2 lit. a GDPR (e.g. health data if this is necessary for the exercise of the profession).
If provided, applicants can submit their applications to us using an online form on our website. The data is transmitted to us in encrypted form in accordance with the state of the art.
Furthermore, applicants can send us their applications via e-mail. Please note, however, that e-mails are generally not encrypted and applicants must ensure that they are encrypted themselves. We cannot therefore accept any responsibility for the transmission path of the application between the sender and receipt on our server and therefore recommend rather using an online form or sending by post. This is because instead of applying via the online form and e-mail, applicants still have the option of sending us the application by post.
The data provided by applicants may, in the event of a successful application, be further processed by us for the purposes of the employment relationship. Otherwise, if the application for a vacancy is unsuccessful, the applicants’ data will be deleted. Applicants’ data will also be deleted if an application is withdrawn, which applicants are entitled to do at any time.
Subject to a justified revocation by the applicants, the deletion takes place after the expiry of a period of six months so that we can answer any follow-up questions about the application and satisfy our obligations to provide evidence under the Equal Treatment Act. Invoices about any Travel expense reimbursements are archived in accordance with tax law requirements.
As part of the application process, we offer applicants the opportunity to work in our “Talent Pool” for a period of two years on the basis of consent within the meaning of Art. 6 Abs. 1 lit. b. and Art. 7 GDPR.
The application documents in the talent pool are processed solely within the framework of future job advertisements and the employee search and are destroyed at the latest after expiry of the deadline. Applicants are informed that their consent to be included in the talent pool is voluntary, has no influence on the current application process and that they can revoke this consent at any time for the future and declare their objection within the meaning of Article 21 of the GDPR.
Users can optionally create a user account. Within the scope of the registration, the required mandatory data will be provided to the users. The data entered during registration is used for the purpose of using the offer. Users may be informed by e- mail about information relevant to the offer or registration, such as changes to the scope of the offer or technical circumstances. If users have cancelled their user account, their data relating to the user account will be deleted, subject to their retention being necessary for reasons of commercial or tax law in accordance with Art. 6 Abs. 1 lit. c GDPR. It is the responsibility of the users to save their data in the event of termination before the end of the contract. We are entitled to irretrievably delete all user data stored during the term of the contract.
Within the scope of the use of our registration and login functions as well as the use of the user account, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests as well as those of the users in protection against misuse and other unauthorised use. In principle, this data is not passed on to third parties unless it is necessary for the pursuit of our claims or there is a legal obligation to do so in accordance with Art. 6 Abs. 1 lit. c GDPR. The IP addresses are anonymised or deleted after 7 days at the latest.
Integration of third-party services and content
Within our online offer, we use content or service offers of third-party providers on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR) content or service offers from third-party providers in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”).
This always requires that the third-party providers of this content are aware of the IP address of the user, as without the IP address they would not be able to send the content to their browser. The IP address is therefore necessary for the display of this content. We endeavour to only use content whose respective providers only use the IP address to deliver the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as “Web Beacons”) for statistical or marketing purposes. The “pixel tags” can be used to analyse information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may contain, among other things, technical information on the browser and operating system, referring websites, time of visit and other information on the use of our online offer, as well as being linked to such information from other sources.
Intercom is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European and Swiss data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000TNQvAAO&status=Active ).
Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke and adapted by the website owner.