Any collection, processing and use (hereinafter "use") of data is solely for the purpose of providing our services. Our services have been designed to use as little personal information as possible. For that matter, "personal data" is understood as all individual details about a person or factual circumstances of an identifiable natural person (so-called "affected person"). The following statements on data protection describe what types of data are collected when accessing our website, what happens with these data and how you may object to data usage.

1. General information on data processing

1.1 Person Responsible (Controller)

Responsible within the meaning of the EU General Data Protection Regulation (GDPR) and the new Federal Data Protection Act (BDSG) is:

360X AG

Address:  Westend Carree, Grüneburgweg 16-18, 60322 Frankfurt am Main

Email:  info@360x.com 

Homepage:  https://www.360x.com 

​1.2 Name and address of the Data Security Officer 

Killian Schmidt

External Data Privacy Officer (DPO)

Kertos GmbH

Nymphenburger Str. 86

80636 München

+49 151 525 797 93

dsb@kertos.io

1.3 Protection of your data

We have taken technical and organizational measures to ensure that the requirements of the EU General Data Protection Regulation (GDPR) are met by us, as well as, by external service providers working for us.

If we work with other companies to provide our services, such as email and server providers, this will only be done after an extensive selection process. In this selection process, each individual service provider is carefully selected for its suitability in terms of technical and organizational data protection skills. This selection procedure will be documented in writing and an agreement on the order processing of data (data processing agreement) will only be concluded if the third party complies with the requirements of Art. 28 GDPR.

Your information will be stored on specially protected servers. Access to it is only possible for a few specially authorized persons. Our website is SSL/TLS encrypted, as can be seen by the https:// at the start of our URL.

1.4 Erasure of personal data

We process personal data only if necessary. As soon as the purpose of the data processing is fulfilled, erasure of the data is carried out according to the standards of the erasure concept, unless legal or contractual regulations oppose this.

2. Website

2.1 Use of data on this website and log files

2.1.1 Scope of processing personal data

When visiting our website, our web servers temporarily store every access in a log file. The following data is collected and stored until automated erasure:

• IP-address of the requesting computer
• Date and time of access
• Name and URL of the retrieved file
• Transmitted amount of data
• Detection data of the browser and operating system used
• Website from which access is made
• Name of your Internet access provider 

We or our partners may process additional data occasionally. You will find information about this below.

2.1.2 Legal basis for processing personal data

The legal basis for the temporary storage of the data and log files is Art. 6 para. 1 s. 1 lit. f) GDPR. Our legitimate interest is to make our website accessible for you.

2.1.3 Purpose of data processing

The processing of this data serves: the purpose of enabling the use of the website (connection establishment), system security, the technical administration of the network infrastructure, as well as to optimize the website. The IP address is evaluated only in case of attacks on our network infrastructure or the network infrastructure of our internet provider.

2.1.4 Duration of storage

Erasure of data will take place following our instruction. This will be no later than 30 days after we have given termination notice to our hosting provider framer.com and no legal, official or contractual regulations prevent deletion.

2.1.5 Right of objection and erasure

The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for visiting the website. Consequently, the user only has the option to object at a later date. To exercise your right to object, please contact our data protection officer or contact Framer customer service at the following e-mail address: compliance@framer.com

2.1.6 Hosting provider – Framer

In order to provide our website, we use the services of the hosting provider Framer. The data processing is carried out by: Framer B.V., Rozengracht 207B, 1016 LZ Amsterdam, Netherlands.

For further information, please refer to the privacy policy of Framer at https://www.framer.com/legal/privacy-statement/.

2.2 Use of cookies

2.2.1 Description and scope of data processing

Our website uses cookies. This means that when using the website, cookies are stored on your computer. Cookies are small text files which are assigned to the browser you are using and which are stored on your hard drive. Through this information flows to us or the party who set the cookie. Cookies cannot run programs on or transmit viruses to your computer. They are used to analyze the use of our website in anonymized or pseudonymized form and to enable personalized advertisements on this website. The following data may be transmitted:

• Frequency of website visits
• Which functions of the website are used by you
• Your cookie-settings
• Used search terms

Upon entering our website, a cookie banner informs you about the use of cookies on this website and asks for your consent to the use of cookies. Also, you are pointed to the data privacy statement of this website.

2.2.2 Legal basis for data processing

The legal basis for the processing of data by cookies, which do not only serve the functionality of our website, is Art. 6 para. 1 s. 1 lit. a) GDPR.

The legal basis for the processing of data for cookies, which serve only the functionality of this website, is Art. 6 para. 1 s. 1 lit. f) GDPR.

2.2.3 Purpose of data processing

Our legitimate interests are to provide you with a working website connection and to ensure a comfortable use of this website. Also, we need to process your personal data to solve occurring safety and security issues, as well as to ensure system stability.

The data processing takes place to make a statistical evaluation of our website possible.

2.2.4 Duration of storage

This website uses the following types of cookies. The extend and function of each are being explained below:

• Transient cookies (see a)
• Persistent cookies (see b)

a) Transient cookies are automatically deleted when you close the browser. This is especially true for session cookies which store your session ID, with which various requests from your browser can be assigned to your session. This will allow your computer to be recognized when you return to our website. Session cookies are deleted when you log out or close the browser.

b) Persistent cookies are automatically deleted after a specified period, which may differ depending on the cookie.

2.2.5 Right to objection and erasure

You have the possibility to revoke your consent to the data processing by means of cookies, which do not only serve the functionality of the website. In addition, we do not set cookies until you have agreed to set cookies when you visit the site. In this way, you can prevent data processing via cookies on our website. You can also delete the cookies in your browser's security settings at any time. Please note that you may not be able to use all the features of this website. The setting of cookies can also be prevented at any time by appropriate settings in your internet browser.

2.3 Contact

2.3.1 Description and scope of data processing

Via our website it is possible to contact us via e-mail. This will require different data to answer the request, which will be automatically saved for processing.The following data are required to process your request:

• Surname
• E-mail
• Regarding
• Message

Your data will not be passed on to third parties, unless you have given your consent.

2.3.2 Legal basis for data processing

The legal basis depends on Art. 6 para. 1 s. 1 lit. b) GDPR.

2.3.3 Purpose of data processing

The processing of personal data from the input form is used solely handling the contact request.

2.3.4 Duration of storage

The data will be deleted as soon as we answer your request. There might occur rare cases when legal or contractual retention periods interfere with the erasure of your personal data. In this case your data will be deleted after these periods.

2.3.5 Right to objection and erasure

The user has the right to withdraw their consent to the processing of personal data at any time. If the user contacts us, they can object to storage of their personal data at any time. In such cases, the conversation cannot be continued. All personal data that has been stored in the course of the contact will be deleted.

2.4 Pre-Registration on the website 

2.4.1 Description and scope of data processing

The data subject can register on our website for our platform. This requires the data subject to enter personal data in the registration form. The following data is at least collected for this: 

• Your email address*

The user can optionally specify the following data:

• Your first and last name
• Your user type (professional or retail user)
• Your nationality and residency
• Whether you would like to invest in digital assets and/or list your assets on our platform
• Whether you are interested in tokens representing Art, Music and/or Real Estate

We also process the following data:

• Technical registration data (such as your IP address and the time/date of your registration)

The information provided by the data subject in the registration mask will be used exclusively for processing and will not be disclosed to third parties.

Depending on the information you submitted through our pre-registration form, we disclose the personal data that you provided by this means with our partners: 

• If you stated that you are interested in tokens representing Art: With 360X Art AG, Neue Rothofstraße 13-19, 60313 Frankfurt am Main, Germany;
• If you stated that you are interested in tokens representing Music: With 360X Music AG and Twelvebytwelve GmbH, Revaler Straße 99, Halle 20, House of Music, 10245 Berlin, Germany;
• If you stated that you are interested in tokens representing Real Estate: With tectrex AG, Senckenberganlage 10-12, 60325 Frankfurt am Main, Germany.

All of our above mentioned partners will provide you with targeted advice on the management of digital stakes of alternative asset classes (depending on your choices). The legal bases we rely on to disclose your personal data to our partners is Art. 6 para. 1 s. 1 lit. b) GDPR, which allows us to complete your pre-registration with us and take steps at your request prior to entering into an agreement with us or our partners, as well as our legitimate interests existing in this regard (Art. 6 para. 1 s. 1 lit. f) GDPR). If you do not want your data to be shared with our aforementioned partners, please do not select any option in the field “I am interested in” in our pre-registration form.

2.4.2 Legal basis for data processing

If the data subject enters mandatory personal data in the registration form, the legal basis of the data processing is based on Art. 6 para. 1 s. 1 lit. b) GDPR. However, if the user also enters personal data in the optional input field, the data processing is based on Art. 6 para. 1 s. 1 lit. a) GDPR.

2.4.3 Purpose of data processing

The processing of personal data is used solely for us to notify you when you will be able to access our platform.

2.4.4 Duration of storage

The data are deleted as soon as the purpose of storage is no longer required.

2.4.5 Right to objection and erasure

During and after the pre-registration, the data subject is free to change, correct or delete their personal data.

2.5 Data processing for applications

2.5.1 Description and scope of data processing

We offer the opportunity to apply for jobs by the application portal/tool Personio. For this purpose, personal data is processed and stored for further processing during the respective application process. 

In addition, when you complete the application form, we are processing the following data:

• First and Last Name
• E-mail address
• Date of availability
• Information on salary expectations
• Visa Requirements
• Degree
• Curriculum vitae

The following data can be entered optionally. If you enter this data, it will be processed:

• Location
• Telephone number
• Other personal documents
• Software developers only: experience with type script and react.js
• Software developers only: experience with domain driven design (DDD)Information security only: experience in an organsisation supervised by BaFin and active application of bait 
• Information security only: level of German language skills

2.5.2 Legal basis for data processing

Data processing will be based on Art. 88 GDPR and § 26 BDSG (2018).

2.5.3 Purpose of data processing

We process your data exclusively for the purpose of carrying out the application process.

2.5.4 Duration and storage

In case of successful application and employment, the personal data is stored in accordance with the legal requirements. In case of unsuccessful application, the data will be deleted in accordance with the rules of the local erasure concept. In doing so the provisions of the AGG (German Employment Law), especially the existing evidence pursuant to § 22 AGG, are taken into account.

This does not apply if we are obliged to any legal erasure periods or if you have given consent to store your data for further communication with us (e.g. we have another suitable job in the future). If you have given consent the legal basis for further storage of your data is Art. 6 para. 1 s. 1 lit. c) or lit. a) GDPR.

2.5.5 Right to objection and erasure

You can contact us at any time and object to further processing of your data. All personal data of the application process will be deleted in this case.

2.5.6 Personio 

2.5.6.1 Description and scope of data processing

Our careers site is powered by the HR administration and applicant management software Personio. The data processing is carried out by: Personio GmbH, Rundfunkplatz 4, 80335 Munich, Germany. 

The data transmitted as part of your application is transferred via TLS encryption and stored in a database. We alone are responsible for this data as the controller carrying out this online application procedure. Personio is merely the operator of the software and this recruiting page and in this context is a processor according to Art. 28 GDPR. A data processing agreement has been concluded with Personio. In addition, Personio GmbH processes further data for the provision of its services, in particular for the operation of this Recruiting Site, some of which may also be personal data. The following data is processed by Personio:

• Access logs (server logs)
• Error logs
• Cookies 

In addition, when you complete the application form, we are processing the following data:

• First and Last Name
• E-mail address
• Date of availability
• Information on salary expectations
• Visa Requirements
• Degree
• Curriculum vitae

The following data can be entered optionally. If you enter this data, it will be processed:

• Location
• Telephone number
• Other personal documents
• Software developers only: experience with type scipt and react.js
• Software developers only: experience with domain driven design (DDD)
• Information security only: professional experience in years in an organisation supervised by BaFin and active application of bait
• Information security only: level of German language skills 

Further information about data protection at Personio can be found here: https://www.personio.de/datenschutzerklaerung. If you have any questions about data protection at Personio, you can contact Personio at any time using the following e-mail address: datenschutz@personio.de

2.5.6.2 Legal basis for data processing

Data processing will be based on Art. 88 GDPR and § 26 BDSG (2018). The legal basis for the use of Personio is our legitimate interest in providing an online application process in accordance with Art. 6 para. 1 s. 1 lit. f) GDPR.

2.5.6.3 Purpose of data processing

We process your data exclusively for the purpose of carrying out the application process. The purpose of data processing by Personio is to provide an online application process and to optimise the application processes.

2.5.6.4 Duration of data processing

In case of successful application and employment, the personal data is stored in accordance with the legal requirements. In case of unsuccessful application, the data will be deleted in accordance with the rules of the local erasure concept. In doing so the provisions of the AGG (German Employment Law), especially the existing evidence pursuant to § 22 AGG, are taken into account.

This does not apply if we are obliged to any legal erasure periods or if you have given consent to store your data for further communication with us (e.g. we have another suitable job in the future). If you have given consent the legal basis for further storage of your data is Art. 6 para. 1 s. 1 lit. c) or lit. a) GDPR.

2.5.6.5 Right to objection and erasure

You can contact us at any time and object to further processing of your data. All personal data of the application process will be deleted in this case unless a deletion is contrary to mandatory legal provisions.

2.6 Newsletter

2.6.1 Description and scope of data processing

On our website visitors can subscribe to our newsletter. When subscribing to the newsletter, you will be asked to provide personal data for processing. This is the data that is requested in the newsletter registration form. Input fields marked with an "*" are mandatory fields:

• your email address.

This data is necessary to send the newsletter to its recipients.

The newsletter will be sent via email only after the sign-up process is completed. In order to meet the requirements of the GDPR, we use DOI (Double Opt.-In). If you sign up for our newsletter, we will send a confirmation email to the address you provided us with. This email contains a confirmation link that you must click to complete the sign-up process. Following this procedure, the IP address, date and time of login are stored. This is done to prevent abuses. We won’t transfer the data to third parties.

2.6.2 Legal basis for data processing

This processing is legally based on Art. 6 para. 1 s.1 lit. a) GDPR, thus your consent. Existing customers may also receive our newsletter without having given their explicit consent. This is carried out only within the strict boundaries of § 7 para. 3 UWG (German Act against unfair Competition) and in accordance to Art. 95 GDPR. This equals the legal basis of Art. 6 para. 1 s.1 lit. f) GDPR. Our legitimate interests are to provide information about our products through promotional e-mails to our existing customers and thereby keep in contact with these customers.

2.6.3 Purpose of data processing 

The newsletter has the functions of informing the affected parties about offers and news at a regular basis. 

2.6.4 Duration of storage

We process personal data only as long as necessary. As soon as the purpose of the data processing is fulfilled, erasure of the data is carried out according to the standards of the erasure concept, unless legal or contractual regulations oppose this.

2.6.5 Right to objection and erasure

The consent to receiving the newsletter can be revoked by you at any time. For this purpose, you can click the integrated link in each newsletter to unsubscribe. It is also possible to inform us about the revocation of the consent in any other way, e.g. via mail or email.

2.6.6 Rapidmail

2.6.6.1 Description and scope of data processing

Our newsletters are sent via the mailing service provider Rapidmail. The data processing is carried out by: 

Rapidmail GmbH, Augustinerplatz 2, 79098 Freiburg i.Br., Germany.

The email addresses of our newsletter recipients, as well as their other data described in this notice, are stored on Rapidmail's servers in Germany. Rapidmail uses this information to send and analyze the newsletter on our behalf. Rapidmail does not use the data of our newsletter recipients and does not pass it on to third parties. The newsletters contain a so-called "tracking pixel", i.e. a pixel-sized file that is retrieved from the Rapidmail server when the newsletter is opened. As part of this retrieval, information such as information about your system, your IP address and the time of retrieval is collected. The statistical surveys also include determining whether the newsletters are opened, how often they are opened and which links are clicked. Although this information can be assigned to individual newsletter recipients for technical reasons, it is neither our intention nor that of Rapidmail to observe individual users. We trust in the reliability and IT and data security of Rapidmail. For more information on Rapidmail's analysis functions, please see the following link: en.rapidmail.wiki.

Additional information on data protection at Rapidmail can be found in their privacy policy: https://www.rapidmail.de/datenschutz

2.6.6.2 Legal basis for data processing

The data processing takes place on the basis of your consent in accordance with Art. 6 para. 1 lit. a) GDPR.

2.6.6.3 Purpose of data processing

We use Rapidmail as our mailing service provider to ensure effective address management and to stay in contact with you via the newsletter.

Rapidmail also enables us to track which newsletter contributions are of interest to our readers.

2.6.6.4 Duration of storage

Your personal data will be stored until you unsubscribe from the newsletter and may be stored in a blacklist after you unsubscribe from the newsletter in order to prevent future mailings. The data from the blacklist will only be used for this purpose and will not be merged with other data. The data will be permanently deleted if you submit a deletion request to us. To do so, please contact our data protection officer.

2.6.6.5 Right to objection and erasure

You have the option to withdraw your consent at any time. To do so, please contact our data protection officer. If you have any questions about data security at Rapidmail, you can contact Rapidmail's data protection officer at the following e-mail address: datenschutz@rapidmail.de.

2.7 Social media links

We have integrated social media platforms through into our services, which may result in the social media provider receiving data from you. If you click on the social media link, the website of the respective social media provider is loaded. By loading the website of the respective social media provider via our services, the respective reference data is transmitted to the respective social media provider. The social media provider thereby receives the information that you have visited us.

Note on data processing to the United States:

If you click on a social media link, data about you may be processed by the respective provider in the United States. According to the European Court of Justice, the data protection standard in the United States is not adequate and there is a risk that your data will be processed by the U.S. authorities for control and monitoring purposes, possibly also without any legal remedy. Provided that you do not click on the links of the social media providers, no data transfer takes place.

Further information on data processing by the social media providers can be found here:

LinkedIn: https://www.linkedin.com/legal/privacy-policy

3. Plattform

You can access our 360x platform via a subdomain on our website (http://app.360x.com/). The following section informs you about data processing within the context of our platform.

3.1 Use of data on this platform and in logfiles

3.1.1 Scope of processing personal data

When visiting our platform, our web servers temporarily store every access in a log file. The following data is collected and stored until automated erasure:

• IP-address of the requesting computer
• Date and time of access
• Detection data of the browser and operating system used
• User-ID

We or our partners may process additional data occasionally. You will find information about this below.

3.1.2 Legal basis for processing personal data

The legal basis for the temporary storage of the data and log files is Art. 6 para. 1 s. 1 lit. f) GDPR. Our legitimate interest is to make our platform accessible for you.

3.1.3 Purpose of data processing

The processing of this data serves: the purpose of enabling the use of the platform (connection establishment), system security, the technical administration of the network infrastructure, as well as to optimize the website. The IP address is evaluated only in case of attacks on our network infrastructure or the network infrastructure of our internet provider.

3.1.4 Duration of storage

As soon as the purpose of the data processing is fulfilled, erasure of the data is carried out. This happens as soon as you close our platform. Our hosting service might use data for statistical purposes. 

The data will be deleted as soon as the purpose of the data processing has been fulfilled and no contractual, official or statutory retention periods prevent deletion.

3.1.5 Right of objection and erasure

As the service is used for the organizational management of our platform, you have no possibility of deletion. Irrespective of this, you can contact us or Google at any time and exercise your rights, in particular the right to data erasure.

3.1.6 Hosting provider – Google Cloud

We use Google Cloud as our hosting service provider for our platform. We also use Google G-Suite to use Google Office applications. Google G - Suite is a service for cloud-based storage and processing of data, such as e-mail traffic. Data processing for the European Economic Area and for Switzerland is carried out by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

All data sent or received in the process is also stored by Google Inc. Further information can be found in Google's privacy policy: https://policies.google.com/privacy?hl=de 

3.2 Use of cookies

3.2.1 Description and scope of data processing

Our platform uses cookies. This means that when using the platform, cookies are stored on your computer. Cookies are small text files which are assigned to the browser you are using and which are stored on your hard drive. Through this information flows to us or the party who set the cookie. Cookies cannot run programs on or transmit viruses to your computer. They are used to analyze the use of our platform in anonymized or pseudonymized form and to enable personalized advertisements on this platform. The following data may be transmitted:

• Frequency of platform visits
• Which functions of the website are used by you
• Your cookie-settings
• Used search terms

Upon entering our platform, a cookie banner informs you about the use of cookies on this platform and asks for your consent to the use of cookies. Also, you are pointed to the data privacy statement of our main website.

3.2.2 Legal basis for data processing

The legal basis for the processing of data for cookies, which serve only the functionality of this platform, is Art. 6 para. 1 s. 1 lit. f) GDPR.

3.2.3 Purpose of data processing

Our legitimate interests are to provide you with a working platform connection and to ensure a comfortable use of this platform. Also, we need to process your personal data to solve occurring safety and security issues, as well as to ensure system stability.

The data processing takes place to make a statistical evaluation of our website possible.

3.2.4 Duration of storage

This website uses the following types of cookies. The extend and function of each are being explained below:

• Transient cookies (see a)
• Persistent cookies (see b)

a) Transient cookies are automatically deleted when you close the browser. This is especially true for session cookies which store your session ID, with which various requests from your browser can be assigned to your session. This will allow your computer to be recognized when you return to our website. Session cookies are deleted when you log out or close the browser.

b) Persistent cookies are automatically deleted after a specified period, which may differ depending on the cookie.

3.2.5 Right to objection and erasure

You have the possibility to revoke your consent to the data processing by means of cookies, which do not only serve the functionality of the website. In addition, we do not set cookies until you have agreed to set cookies when you visit the site. In this way, you can prevent data processing via cookies on our website. You can also delete the cookies in your browser's security settings at any time. Please note that you may not be able to use all the features of this website. The setting of cookies can also be prevented at any time by appropriate settings in your internet browser.

3.3 Contact

3.3.1 Description and scope of data processing

Via our platform it is possible to contact us via e-mail. This will require different data to answer the request, which will be automatically saved for processing

Your data will not be passed on to third parties, unless you have given your consent.

3.3.2 Legal basis for data processing

The legal basis depends on Art. 6 para. 1 s. 1 lit. b) GDPR.

3.3.3 Purpose of data processing

The processing of personal data from the input form is used solely handling the contact request.

3.3.4 Duration of storage

The data will be deleted as soon as we answer your request. There might occur rare cases when legal or contractual retention periods interfere with the erasure of your personal data. In this case your data will be deleted after these periods.

3.3.5 Right to objection and erasure

The user has the right to withdraw their consent to the processing of personal data at any time. If the user contacts us, they can object to storage of their personal data at any time. In such cases, the conversation cannot be continued. All personal data that has been stored in the course of the contact will be deleted.

3.4 Registration on the platform

3.4.1 Description and scope of data processing

The data subject can register on our platform. This requires the data subject to enter personal data in the registration form. The following data is at least collected for this: 

• First name
• Last name
• E-Mail
• Company name
• Legal form
• Country of registration

The information provided by the data subject in the registration mask will be used exclusively for processing and will not be disclosed to third parties.

3.4.2 Legal basis for data processing

If the data subject enters mandatory personal data in the registration form, the legal basis of the data processing is based on Art. 6 para. 1 s. 1 lit. b) GDPR.

3.4.3 Purpose of data processing

The processing of personal data is used solely for us to finish your registration and organize your website-account.

3.4.4 Duration of storage

The data are deleted as soon as the purpose of storage is no longer required. This is the case if you delete your account and no statutory or regulatory retention periods of erasure contradict.

3.4.5 Right to objection and erasure

During and after the registration, the data subject is free to change, correct or delete their personal data.

3.5 Data processing for applications

3.5.1 Description and scope of data processing

We offer the opportunity to apply for jobs by the application portal/tool Personio. For this purpose, personal data is processed and stored for further processing during the respective application process. 

In addition, when you complete the application form, we are processing the following data:

• First and Last Name
• E-mail address
• Date of availability
• Information on salary expectations
• Visa Requirements
• Degree
• Curriculum vitae

The following data can be entered optionally. If you enter this data, it will be processed:

• Location
• Telephone number
• Other personal documents
• Software developers only: experience with type scipt and react.js
• Software developers only: experience with domain driven design (DDD)
• Information security only: experience in an organsisation supervised by BaFin and active application of bait
• Information security only: level of German language skills

3.5.2 Legal basis for data processing

Data processing will be based on Art. 88 GDPR and § 26 BDSG (2018).

3.5.3 Purpose of data processing

We process your data exclusively for the purpose of carrying out the application process.

3.5.4 Duration and storage

In case of successful application and employment, the personal data is stored in accordance with the legal requirements. In case of unsuccessful application, the data will be deleted in accordance with the rules of the local erasure concept. In doing so the provisions of the AGG (German Employment Law), especially the existing evidence pursuant to § 22 AGG, are taken into account.

This does not apply if we are obliged to any legal erasure periods or if you have given consent to store your data for further communication with us (e.g. we have another suitable job in the future). If you have given consent the legal basis for further storage of your data is Art. 6 para. 1 s. 1 lit. c) or lit. a) GDPR.

3.5.5 Right to objection and erasure

You can contact us at any time and object to further processing of your data. All personal data of the application process will be deleted in this case.

3.5.6 Personio

3.5.6.1 Description and scope of data processing

Our careers site is powered by the HR administration and applicant management software Personio. The data processing is carried out by: Personio GmbH, Rundfunkplatz 4, 80335 Munich, Germany. 

The data transmitted as part of your application is transferred via TLS encryption and stored in a database. We alone are responsible for this data as the controller carrying out this online application procedure. Personio is merely the operator of the software and this recruiting page and in this context is a processor according to Art. 28 GDPR. A data processing agreement has been concluded with Personio. In addition, Personio GmbH processes further data for the provision of its services, in particular for the operation of this Recruiting Site, some of which may also be personal data. The following data is processed by Personio:

• Access logs (server logs)
• Error logsCookies 

In addition, when you complete the application form, we are processing the following data:

• First and Last Name
• E-mail address
• Date of availability
• Information on salary expectations
• Visa Requirements
• Degree
• Curriculum vitae

The following data can be entered optionally. If you enter this data, it will be processed:

• Location
• Telephone number
• Other personal documents
• Software developers only: experience with type scipt and react.js
• Software developers only: experience with domain driven design (DDD)
• Information security only: professional experience in years in an organisation supervised by BaFin and active application of baitInformation security only: level of German language skills 

Further information about data protection at Personio can be found here: https://www.personio.de/datenschutzerklaerung. If you have any questions about data protection at Personio, you can contact Personio at any time using the following e-mail address: datenschutz@personio.de

3.5.6.2 Legal basis for data processing

Data processing will be based on Art. 88 GDPR and § 26 BDSG (2018). The legal basis for the use of Personio is our legitimate interest in providing an online application process in accordance with Art. 6 para. 1 s. 1 lit. f) GDPR.

3.5.6.3 Purpose of data processing

We process your data exclusively for the purpose of carrying out the application process. The purpose of data processing by Personio is to provide an online application process and to optimise the application processes.

3.5.6.4 Duration of data processing

In case of successful application and employment, the personal data is stored in accordance with the legal requirements. In case of unsuccessful application, the data will be deleted in accordance with the rules of the local erasure concept. In doing so the provisions of the AGG (German Employment Law), especially the existing evidence pursuant to § 22 AGG, are taken into account.

This does not apply if we are obliged to any legal erasure periods or if you have given consent to store your data for further communication with us (e.g. we have another suitable job in the future). If you have given consent the legal basis for further storage of your data is Art. 6 para. 1 s. 1 lit. c) or lit. a) GDPR.

3.5.6.5 Right to objection and erasure

You can contact us at any time and object to further processing of your data. All personal data of the application process will be deleted in this case unless a deletion is contrary to mandatory legal provisions.

3.6 Social media links

We have integrated social media platforms through into our services, which may result in the social media provider receiving data from you. If you click on the social media link, the website of the respective social media provider is loaded. By loading the website of the respective social media provider via our services, the respective reference data is transmitted to the respective social media provider. The social media provider thereby receives the information that you have visited us.

Note on data processing to the United States:

If you click on a social media link, data about you may be processed by the respective provider in the United States. According to the European Court of Justice, the data protection standard in the United States is not adequate and there is a risk that your data will be processed by the U.S. authorities for control and monitoring purposes, possibly also without any legal remedy. Provided that you do not click on the links of the social media providers, no data transfer takes place.

Further information on data processing by the social media providers can be found here:

LinkedIn: https://www.linkedin.com/legal/privacy-policy

3.7 Other tools of third-party providers

We also use third-party providers to help us with the site's appearance and functionality. These are listed below:

3.7.1 Cloudflare

3.7.1.1 Description and scope of data processing

We are using the services of Cloudflare to ensure a safe and error-free use of our website. Cloudflare is a CDN („Content Delivery Network“) which helps us to make sure our website is loading fast and reliably. Cloudflare collects Log Data, e.g. IP addresses, system configuration information, and other information about traffic to and from our website, to operate, maintain, and improve their services. Log Data can help Cloudflare to detect new threats, identify malicious third parties, and provide more robust security protection to our website. The personal data is being processed by:

Cloudflare, Inc. 101 Townsend St, San Francisco, CA 94107 USA.

For more information about privacy at Cloudflare, we refer to their data policy: https://www.cloudflare.com/privacypolicy 

3.7.1.2 Legal basis of data processing

The legal basis is Art. 6 para. 1 s. 1 lit. a) GDPR. Our interest is to ensure the safety of our website and its users. Additionally, we comply with Art. 5 para. 1 lit. f) GDPR – the principle of integrity and confidentiality - by implementing Cloudflare.

3.7.1.3 Purpose of data processing

The purpose of data processing matches our legitimate interest in the integrity and confidentiality of data processing as well as ensuring the full functionality of our website.

3.7.1.4 Duration of storage

As soon as the purpose of the data processing is fulfilled, personal data will be deleted, unless legal or contractual regulations oppose this.

3.7.1.5 Right to objection and erasure

By deactivating the execution of scripts in your browser or installing a script blocker you can prevent the processing of your data by Cloudflare. Please be aware that deactivating scripts may result in the unavailability of our website services to you.

3.7.2 Datadog

3.7.2.1 Description and scope of data processing

We use the analyzing service of Datadog to monitor our application infrastructure. The data processing is performed by: Datadog, Inc, 620 8th Ave, 45th Fl, New York, NY 10018 USA. The following data is processed during this data processing: First and last name, company, email address, other online identifiers, geographical location, IP address and other IT information.

For more information about the data processing, please visit https://www.datadoghq.com/legal/privacy

3.7.2.2 Legal basis of data processing

The use is based on our legitimate interest according to Art. 6 para. 1 s. 1 lit. f) GDPR. Our legitimate interest is to ensure the security of this infrastructure and thus of this website by monitoring the application infrastructure.

3.7.2.3 Purpose of data processing

The purpose of this data processing is to ensure the security of this website.

3.7.2.4 Duration of storage

The data will be deleted as soon as the purpose of the data processing has been achieved and no legal or contractual regulations prevent deletion.

3.7.2.5 Right to objection and erasure

You have the possibility to object data processing at any time. For this purpose, please contact our data protection officer.

3.7.3 Sendgrid 

3.7.3.1 Description and scope of data processing

For sending emails (e.g. confirmation emails), we use the sending service provider Sendgrid. The data processing is carried out by: Twilio Inc, 101 Spear Street, 1st Floor, San Francisco, CA 94105, USA.  

The following personal data is processed when emails are sent to you by Sendgrid

Further information on data protection at Twilio, Inc. can be found at the following link https://www.twilio.com/legal/privacy. 

3.7.3.2 Legal basis of data processing

Data processing by Sendgrid is based on our legitimate interest in the effective and secure transmission of important emails to you, in accordance with Art. 6 para. 1 sentence 1 lit. f) GDPR.

3.7.3.3 Purpose of data processing 

The purpose of data processing is the reliable delivery of e-mails.

3.7.3.4 Duration of storage

The personal data will be stored by Twilio for as long as it is necessary to provide us with the service and to conduct our business. All data will be deleted or otherwise destroyed no later than 60 days after the user account with Twilio is closed.

3.7.3.5 Right to object and erasure

You have the option of exercising your rights against us at any time. To do so, please contact us using the contact details provided. You can also contact Twilio directly at the following e-mail address: support@twilio.com. 

4. Service providers from third countries

In order to be able to provide our services, we use the support of service providers from third party countries (non-EU countries). In order to ensure the protection of your personal data in this case, we conclude processing contracts with each - carefully selected - service provider. All of our processors provide sufficient guarantees to implement appropriate technical and organizational measures. Our third country data processors are either located in a country with an adequate level of data protection (Art. 45 GDPR) or provide appropriate safeguards (Art 46 GDPR).

Adequate level of protection: The provider comes from a country whose level of data protection has been recognized by the EU Commission. For more information, see: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en

EU standard contract clauses: Our provider has submitted to the EU standard contractual clauses to ensure secure data transfer. For more information, see: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?uri=CELEX%3A32021D0914&locale=en 

Binding Corporate Rules: Article 47 of the GDPR provides the possibility of ensuring data protection when transferring data to a third country via Binding Corporate Rules. These are examined and approved by the data security authorities within the framework of the consistency mechanism pursuant to Art. 63 GDPR. 

Consent: In addition, a data transfer to a third country without an adequate level of protection will only take place if you have given us your consent in accordance with Art. 49 sec. 1 lit. a) GDPR for this purpose.

5. Your rights

You have the following rights with respect to the personal data concerning you:

5.1 Right to withdraw a given consent (Art. 7 GDPR)

If you have given your consent to the processing of your data, you can withdraw it at any time. This will affect the admissibility of processing your personal data by us for the time after you have withdrawn your consent. To withdraw your consent, contact us personally or in written form.

5.2 Right of access (Art. 15 GDPR)

You have the right to obtain from us confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, access to your personal data and the following information:

• the purpose of processing;
• the categories of personal data concerned;
• the recipients or the categories of recipient to whom your personal data have been or will be disclosed, in particular recipients in countries outside of the EU or international organisations;
• where possible, the envisaged period for which your personal data will be stored, or, if not possible, the criteria used to determine that period;
• all available information on the source of your personal data;
• the existence of automated decision-making, including profiling, referred to Art. 22 para. 1 and 4 GDPR and, in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for you.

In the case of such a request, you must provide enough information about your identity to proof that the request concerns your own personal data.

5.3 Right to rectification and erasure (Art. 16, 17 GDPR)

You have the right to obtain from us without undue delay the rectification and completion of inaccurate personal data concerning yourself.

You may also request the erasure of your personal data if any of the following applies to you:

• the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed;
• you withdraw consent on which the processing is based according to Art. 6 para. 1 s.1 lit. a) or Art. 9 para. 2 lit. a) GDPR, and where there is no other legal ground of processing;
• you object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or the you object to the processing pursuant to Art. 21 para. 2 GDPR;
• the personal data have been unlawfully processed;
• the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which we are subject;
• the personal data have been collected in relation to the offer of information society services referred to in Art. 8 para. 1.

Where we made the personal data public and are obliged to erase the personal data pursuant to Art. 17 para. 1 GDPR, we, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

These rights shall not apply to the extent that processing is necessary:

• for exercising the right of freedom of expression and information;
• for compliance with a legal obligation which requires processing by Union or Member State law to which we are subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
• for reasons of public interest in the area of public health in accordance of Art. 9 para. 2 lit. h) and i) as well as Art. 9 para. 3 GDPR;
• for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 GDPR, in so far as the right referred to above is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
• for the establishment, exercise or defence of legal claims.

5.4 Right to restriction of processing (Art. 18 GDPR)

You shall have the right to obtain from us restriction of processing where one of the following applies:

• the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of the personal data;
• the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
• we no longer need the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims;
• you have objected to processing pursuant to Art. 21 para. 1 GDPR pending the verification whether our legitimate grounds override yours.

Where processing has been restricted under the aforementioned conditions, such personal data shall, except for storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

If the limitation of the processing is restricted, you will be informed by us before the restriction is lifted.

5.5 Right to information (Art. 19 GDPR)

If you have asserted us your right to rectification, erasure or restriction of data processing, we will inform all recipients of your personal data to correct, delete or restrict the processing of data, unless this proves impossible or involves disproportionate effort.

You also have the right to know which recipients have received your personal data.

5.6 Right to data portability (Art. 20 GDPR)

You have the right to receive your personal data, which you provided to us, in a structured, commonly used and machine-readable format. Also, you have the right to transmit those data to another controller, where

• the processing is based on consent pursuant of Art. 6 para. 1 s.1 lit. a) GDPR or of Art. 9 para. 2 lit. a) GDPR or is based on a contract pursuant of Art. 6 para. 1 s. 1 lit. b) DS-GVO; and
• the processing is carried out by automated means.

In exercising your right to data portability, you have the right to obtain that personal data transmitted directly from us to another controller, as far as technically feasible. The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority that has been delegated to us.

5.7 Right to object (Art. 21 GDPR)

Where we based the processing of your personal data on a legitimate interest (Art. 6 para. 1 s. 1 lit. f) GDPR), you may object to the processing. The same applies if the data processing is based on Art. 6 para. 1 s. 1 lit. e).

In this case, we ask you to explain the reasons why we should not process your personal data. Based on this we will terminate or adapt the data processing or show you our legitimate reasons why we continue the data processing.

5.8 Right to lodge a complaint with supervisory authority (Art. 77 GDPR)

Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your residence, place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you is against the infringes of the GDPR.

The supervisory authority to which the complaint has been submitted shall inform you of the status and results of the complaint, including the possibility of a judicial remedy according to Article 78 GDPR.

6. How you perceive these rights

To exercise these rights, please contact our data protection officer:

Killian Schmidt

External Data Privacy Officer (DPO)

Kertos GmbH

Nymphenburger Str. 86

80636 München

+49 151 525 797 93

dsb@kertos.io

7. Subject to change

We reserve the right to change this privacy policy in compliance with legal requirements.

November 2024