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Processing of (personal) data by the entity in charge of the online application process

Privacy Policy for applicants in accordance with Art. 13 General Data Protection Regulation 
The protection of your personal data is important to us. In this Privacy Policy, we inform you transparently about how and which personal data we collect, process and store as part of your application process. You will also find out what rights you are entitled to under the General Data Protection Regulation (GDPR) and how you can assert them.

Information on the processing of your personal data as part of the application process
Responsible bodies
The responsible body for data processing in the context of the application process is NEXRAIL ManCo Sàrl, with its registered office at Boulevard Prince Henri 11 A, 1724 Luxembourg, together with the company (legal entity) to which you are applying.
Your application relates to the position explicitly described in the job advertisement at one of the above-mentioned companies. For applications for a vacancy directly at NEXRAIL ManCo Sàrl, the company itself is the responsible body. You will find the contact details below.
NEXRAIL ManCo Sàrl works together with other companies in the group of companies within the framework of joint responsibility, whereby it is jointly determined how and why personal data is processed.
Data processing in connection with the establishment of an employment relationship (application procedure) is carried out jointly between NEXRAIL ManCo Sàrl and the following companies:

a) Nexrail Manco BV, Weena 690, Rotterdam
b) LocMaint GmbH, Im Defdahl 10c , 44141 Dortmund

Contact details: careers@nexrail.lease or personal@locmaint.eu 

Since NEXRAIL ManCo Sàrl and the companies under a. to b. are each responsible for the process and carry it out jointly, they are jointly responsible for the protection of your personal data (Art. 26 GDPR).
As part of the joint responsibility, the companies have agreed who fulfils which obligations under the GDPR. This applies in particular to the fulfilment of the rights of the data subjects and the information obligations pursuant to Art. 13 and 14 GDPR. Even if there is joint responsibility, the parties fulfil the obligations under data protection law in accordance with their respective responsibilities for the individual process stages as follows:

Process section of data processing/obligationFulfilment of obligations by
Definition of purposes and meansall
Information obligations pursuant to Art. 13, 14 in conjunction with. Art. 26 para. 2 sentence 2 GDPRNEXRAIL ManCo Sàrl
Collection, storage, transmission, use, modification, blocking, deletionall
Fulfilment of the rights of data subjects (Art. 15 to 21 GDPR)all
Determination of technical and organisational measures in accordance with Art. 24, 25 and 32 GDPRall
Commissioning of processors in accordance with Art. 28 GDPRall 
Notification of data protection incidents in accordance with Art. 33 f. GDPRall
Carrying out the data protection impact assessment, if necessary (Art. 35 f. GDPR)all

Data protection rights can be asserted at all companies.

Order processing (Art. 28 GDPR)
IT systems and software applications are regularly provided centrally by NEXRAIL ManCo Sàrl. Internal contractual regulations stipulate that data may only be processed for the purpose of provision.

Operating the recruiting website
This recruiting website is operated by a solution from Personio SE & Co KG, which offers a software solution for personnel and applicant management (https://www.personio.com/legal-notice/). The data transmitted as part of your application is transferred using TLS encryption and stored in a database. The role of Personio is limited to the operation of the software and this recruiting website and in this context is a processor pursuant to Art. 28 GDPR. In this case, processing by Personio is carried out on the basis of an order processing contract between the controller and Personio. In addition, Personio SE & Co KG processes further data, including personal data, for the provision of its services, in particular for the operation of this recruiting website. 

Access logs ("server logs")
Every time this recruiting website is accessed, general log data, so-called server logs, are automatically collected. This data is generally pseudonymised and therefore does not allow any conclusions to be drawn about the identity of a person. Without this data, it would be technically impossible in some cases to provide or display the content of the software. In addition, the processing of this data is absolutely necessary for security reasons, in particular for access, input, transmission and storage control. This anonymised information can also be used for statistical purposes and to optimise the services and technology. In addition, the log files can be subsequently checked and analysed in the event of suspected illegal use of the software. The legal basis for this is § 25 para. 2 sentence 2 TDDDG (for Germany) or our legitimate interest pursuant to Art. 6 para. 1 lit. f) GDPR. In general, data such as the domain name of the website, the web browser and the web browser version, the operating system, the IP address and the timestamp of access to the software are recorded. The scope of this logging process does not go beyond the usual logging scope of other websites on the Internet. These access logs are stored for a period of up to 7 days. There is no right of objection.

Error logs
So-called error logs are created for the purpose of recognising and rectifying errors. This is absolutely necessary in order to be able to react as quickly as possible in the event of possible problems with the presentation and implementation of content (legitimate interest). This data is generally pseudonymised and therefore does not allow any conclusions to be drawn about the identity of a person. The legal basis for this is § 25 para. 2 sentence 2 TDDDG (for Germany) or our legitimate interest according to Art. 6 para. 1 lit. f) GDPR. If an error message occurs, general data such as the domain name of the website, the web browser and the web browser version, the operating system, the IP address and the time stamp at the time of the occurrence of the respective error message and/or specification are collected. These error logs are stored for a period of up to 7 days. There is no right of objection here.

Use of cookies
So-called cookies are used on parts of this recruiting website. These are small text files that are stored on the device you use to access this recruiting website. Cookies are generally used to ensure access to a website ("absolutely necessary"), to realise certain functions such as language settings ("functional"), to improve the user-friendliness or performance of the website ("performance") or to place targeted advertising ("marketing").
On this career site, we only use cookies that are absolutely necessary, functional or performance-related, in particular to implement certain default settings such as language, to identify the job advertisement channel or to analyse the performance of a job advertisement from which a user has reached this career site. The use of cookies is absolutely necessary for the provision of our services and thus for the fulfilment of the contract (Article 6(1)(b) of the GDPR). Storage period: up to 1 month or until the end of the browser session
Right to object: You can use your browser settings to specify whether you allow or reject the use of cookies. Please note that deactivating cookies may result in limited or completely blocked functions of this career site.

Processing purposes and legal basis in the context of the application
You can send us your application documents via the online form to receive and manage your application and thus for the purpose of (possibly) establishing an employment relationship.
As part of the application process, we only collect the data from you that is necessary to establish the employment relationship with us. The legal basis for this data processing is Art. 6 para. 1 lit. b) GDPR. For Germany, Section 26 (1) of the Federal Data Protection Act also applies as the legal basis.
If your application is successful, your personal data will be stored for the duration of your employment relationship. In addition, your tax-relevant data will be archived in accordance with the statutory retention periods after termination of the employment relationship. In the event of an unsuccessful application, your personal data will be deleted 7 months after the rejection. If you have expressly consented, we will store your application documents beyond the conclusion of the application process for a period of up to 12 months in our talent pool in order to consider you for future suitable job opportunities. The legal basis for this processing is your consent pursuant to Art. 6(1)(a) GDPR. You may withdraw your consent at any time with effect for the future; in this case, your data will be deleted without undue delay.

Who receives your data?
We only pass on your personal data within our company to those areas that require this data to fulfil contractual and legal obligations or to implement our legitimate interest.
In addition, the following organisations may receive your data:
  • Processors used by us (Art. 28 GDPR), service providers for supporting activities and other controllers within the meaning of the GDPR, in particular in the areas of IT services support/maintenance of IT applications.
Specifically, the processor Personio SE & Co KG, based in Seidlstraße 3, 80335 Munich (Germany), is used to provide the applicant management software. There is an order processing contract with this processor in accordance with Art. 28 GDPR. Personio SE & Co KG in turn uses other subcontractors.

Use of automated decision-making in individual cases
We do not carry out any automated decision-making processes including profiling in accordance with Article 22 GDPR. 

Your data protection rights
You have the right of access 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 and the right to data portability under Art. 20 GDPR. In addition, you have the right to lodge a complaint with a data protection supervisory authority (Art. 77 GDPR).
In accordance with Article 21 GDPR, you have the right to object to the processing of personal data by us for data processing on the basis of legitimate interest. However, this right to object only applies if there are special circumstances relating to your personal situation, whereby our company's rights may conflict with your right to object. If you wish to assert one of these rights, please use the contact details above.

Scope of your obligations to provide us with your data
You only need to provide the data that is required for the commencement, execution and termination of the employment relationship with us or that we are legally obliged to collect. Without this data, we will generally not be able to conclude an employment contract with you. If we request additional data from you, you will be informed separately of the voluntary nature of the information.

Your right to lodge a complaint with the competent supervisory authority
You have the right to lodge a complaint with the data protection supervisory authority (Art. 77 GDPR).

Contact details for the responsible data protection authorities:

Luxembourg
National Commission for Data Protection
15, Boulevard du Jazz
L-4370 Belvaux
Tel. : (+352) 26 10 60 -1
Homepage: https://cnpd.public.lu/en.html 

The Netherlands
Autoriteit Persoonsgegevens
PO Box 93374
2509 AJ DEN HAAG
Phone: + 31-70-88 88 500
E-mail: internationaal@autoriteitpersoonsgegevens.nl
Homepage: https://autoriteitpersoonsgegevens.nl

Germany: North Rhine-Westphalia
State Commissioner for Data Protection and Freedom of Information North Rhine-Westphalia
P.O. Box 20 04 44
40102 Düsseldorf
Phone: 0211 38424-0
E-mail: poststelle@ldi.nrw.de
Homepage: https://www.ldi.nrw.de

Processing of (personal) data by the operator of the recruitment website

General information

This recruitment website is operated by Personio SE & Co. KG, which offers a human resource and candidate management software solution (https://www.personio.com/legal-notice/). Data transmitted as part of your application will be transferred using TLS encryption and stored in a database. The sole controller of this data within the meaning of article 24 of the GDPR is the enterprise carrying out this online application process. Personio’s role is limited to operating the software and this recruitment website and, in this context, being a processor under article 28 of the GDPR. In this case, the processing by Personio is based on an agreement for the processing of orders between the controller and Personio. In addition, Personio SE & Co. KG processes further data, some of which may be personal data, to provide its services, in particular for operating this recruitment website. We will refer to this in more detail below.

The controller

The controller under data protection law is:
Personio SE & Co. KG
Seidlstraße 3
80335 München
Tel.: +49 (89) 1250 1004
Entry in the commercial register
Commercial register entry number: HRA 115934
Registration Court: Amtsgericht München
Data Protection Officer contact: privacy@personio.com

Access logs (“server logs”)

Each access to this recruitment website automatically causes general protocol data, so-called server logs, to be collected. As a rule, this data is a pseudonym and thus does not allow for inferences about the identity of an individual. Without this data, it would, in some cases, be technically impossible to deliver or display the contents of the software. In addition, processing this data is absolutely necessary under security aspects, in particular for access, input, transfer, and storage control. Furthermore, this anonymous information can be used for statistical purposes and for optimizing services and technology. In addition, the log files can be checked and analyzed retrospectively when unlawful use of the software is suspected. The legal basis for this is §25 subsection 2 Sentence 2 TDDDG. Generally, data such as the domain name of the website, the web browser and web-browser version, the operating system, the IP address, as well as the timestamp of the access to the software is collected. The scope of this log process does not exceed the common log scope of any other site on the web. These access logs are stored for a period of up to 7 days. There is no right to object to this.

Error logs

So-called error logs are generated for the purpose of identifying and fixing bugs. This is absolutely necessary to ensure we can react as quickly as possible to possible problems with displaying and implementing content (legitimate interest). As a rule, this data is a pseudonym and thus does not allow for inferences about the identity of an individual. The legal basis for this is §25 subsection 2 Sentence 2 TDDDG. When an error message occurs, general data such as the domain name of the website, the web browser and web-browser version, the operating system, the IP address, as well as the timestamp upon occurrence of the respective error message and/or specification is collected. These error logs are stored for a period of up to 7 days. There is no right to object to this.

Use of cookies

So-called cookies are used on parts of this recruitment website. They are small text files which are stored on the device with which you access this recruitment website. As a general rule, cookies serve the purpose of ensuring secure access to a website (“absolutely necessary”), implementing certain functionalities such as standard-language settings (“functional”), improving the user experience or the performance of the website (“performance”), or placing targeted advertisements (“marketing”). On this recruitment website, we generally use only cookies that are absolutely necessary, functional or performance-related, in particular for implementing certain default settings such as language, for identifying the job advertising channel, or for analyzing the performance of a job advert via which a user accessed this recruitment website. The use of cookies is absolutely necessary for providing our services and thus for the performance of the contract (article 6 (1) b) of the GDPR). Period of storage: up to 1 month or until the end of the browser session Right to object: You can determine via your browser settings whether you allow or object to the use of cookies. Please note that deactivating cookies may result in limited or completely blocked functionalities of this recruitment website.

Rights of data subjects

If Personio SE & Co. KG as the controller processes personal data, you as the data subject have certain rights under Chapter III of the EU General Data Protection Regulation (GDPR), depending on the legal basis and the purpose of the processing, in particular the right of access (article 15 of the GDPR) and the rights to rectification (article 16 of the GDPR), erasure (article 17 of the GDPR), restriction of processing (article 18 of the GDPR), and data portability (article 20 of the GDPR), as well as the right to object (article 21 of the GDPR). If the personal data is processed with your consent, you have the right to withdraw this consent under article 7 III of the GDPR. To assert your rights as a data subject in relation to the data processed for the purpose of operating this recruitment website, please refer to Personio SE & Co. KG’s Data Protection Officer (see item B).

Concluding provisions

Personio reserves the right to adjust this data privacy statement 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 services offered, for example when new services are introduced. In this case, the new data privacy statement applies to any later visit of this recruitment website or any later job application.