Information about data processing

V2 (022024)

Schönherr Rechtsanwälte GmbH uses the onlyfy one service (by XING) to process job applications. This Privacy Policy will inform you about the processing of your data by the onlyfy one service and by Schönherr Rechtsanwälte GmbH.

Shared responsibility

With regard to interaction within the company account of Schönherr Rechtsanwälte GmbH, Schönherr Rechtsanwälte GmbH and New Work SE have shared responsibility pursuant to Article 26 GDPR, as they jointly determine the purposes and means of processing pursuant to Article 4 (7) GDPR. The current version of the agreement on shared responsibility pursuant to Article 26 GDPR, which New Work SE concludes with companies that use onlyfy one, can be viewed here https://www.xing.com/terms/onlyfy-one to gain information on the key aspects of the agreement.

Data processing by New Work SE

onlyfy one is part of the extensive XING service operated by New Work SE, which pursues the aim of improving and simplifying users’ working lives with a variety of applications (onlyfy one, as well as the XING social and jobs network, kununu, etc.), and creates a more fulfilling working world of work for individuals while boosting the performance of companies. As part of the extensive XING service, onlyfy one is an online platform on which or through which talent and companies meet.

With regard to data processing for which New Work SE is solely responsible or is responsible within the scope of the shared responsibility with Schönherr Rechtsanwälte GmbH, detailed information is available in the XING Privacy Policy at https://privacy.xing.com/en/privacy-policy. You will also find contact details for New Work SE, as well as for the New Work SE data protection officer there.

Job applications with onlyfy one

When submitting an application, you enter into a user relationship with New Work SE for the purpose of processing applications. In addition, you will receive support and New Work SE can present you with other opportunities in support of your career. A public profile will not be automatically created for you on the XING social and jobs network. The legal basis for New Work SE processing your data is, in particular, Article 6 (1)(b) GDPR (processing necessary for the performance of a contract).

Pausing your online application

You can pause the creation of your online application at any time and continue at a later point. Cookies are used for this purpose. The data you provide to create the user account, as well as any uploaded documents, are recorded in the company account of Schönherr Rechtsanwälte GmbH in onlyfy one. The data remains recorded even if an application is paused and/or not completed. In this case, your application is flagged as incomplete and the data remains visible to Schönherr Rechtsanwälte GmbH only.

Visibility of your data

The data you have provided as part of the online application can be read, edited, or updated in your candidate profile at any time.

Notes on the special functions of onlyfy one

Calendar function

If the calendar function is used, your data is processed during and for the purpose of setting appointments within the application process. The legal basis is Article 6 (1)(f) GDPR. The calendar function is provided by an IT service provider (Cronofy Ltd., United Kingdom). The United Kingdom is classified as a secure third country based on the adequacy decision of the European Commission. Further information on data protection at Cronofy is available here: https://www.cronofy.com/gdpr/ and https://docs.cronofy.com/policies/privacy-notice/

WhatsApp application

If you use the apply using WhatsApp function, your consent, which can be withdrawn at any time, forms the legal basis for communication (Article 6 (1)(a) GDPR). When applying via WhatsApp, all required applicant information is requested during a WhatsApp chat. The data is then sent directly to onlyfy one through a service provider, and is processed further there as part of and for the purpose of the normal application process.

The apply via WhatsApp function is provided by an IT service provider (PitchYou) that can gain access to your data for this purpose. More information is available here: https://www.pitchyou.de/en/pitchyou-gdpr. Candidate data from apply via WhatsApp are transferred to onlyfy one via an interface. Immediately after this transfer, candidate data are deleted from the apply via WhatsApp infrastructure in PitchYou. Further processing then takes place exclusively in onlyfy one.

Please note that you use your personal WhatsApp account for applications, and therefore we cannot rule out that messages will be transferred, to the USA in particular. WhatsApp data protection information, such as its processing or exercising of data protection rights with regard to WhatsApp is available here: https://www.whatsapp.com/legal/privacy-policy-eea.

Subject to your consent, your application will be sent from WhatsApp via the PitchYou infrastructure to onlyfy one. You have the right to withdraw your consent to this at any time. Either way, your application data will be deleted from the PitchYou infrastructure once transferred to onlyfy one, meaning that PitchYou will not process your data any further.

Applicability of the Swiss Federal Data Protection Act (FADP)

The FADP applies to circumstances which have an impact on Switzerland, even if said circumstances are initiated outside of Switzerland. Correspondingly, this privacy policy applies to information in line with the EU GDPR and the FADP. Here, EU GDPR terminology is used in favour of FADP terminology. However, FADP terminology is used if the FADP applies and the terminology differs from EU GDPR terminology in a given language. The About this site section on XING contains the name and address of our representative in Switzerland.

DATA PROTECTION DECLARATION
FOR CANDIDATES

Contents

1. General information. 2
2. What is personal data?. 2
3. Which data is used?. 2
4. For what purposes do we process your data and on what legal basis?. 3
5. With whom is your data shared?. 4
6. For how long is your data stored?. 4
7. What rights do you have in connection with the processing of your data?. 5
8. Are you obligated to provide your personal data?. 5
9. What happens if you interrupt your online application?. 5
10. Supplement to the Data Protection Declaration by New Work SE. 6

 
YOUR PERSONAL DATA IN THE APPLICATION PROCESS

Information about data protection

We are pleased you have chosen to apply at Schönherr Rechtsanwälte GmbH. Transparent and trustworthy handling of your personal data is an important foundation for successful collaboration. We wish to inform you how we process your data and how you can exercise your rights according to the General Data Protection Regulation (GDPR). The information below offers an overview of the collection and processing of your personal data in connection with the application process. Please read this Data Protection Declaration carefully before submitting your application. For further information of the processing of data by Schönherr Rechtsanwälte GmbH – also in relation to other cases than the application process – please refer to our data privacy statement available under www.schoenherr.eu/privacy-statementdisclaimer/ (see in particular point 4.1.2.).

1. General information

a) Who is responsible for the data processing?

The controller as defined by Art. 4 (7) GDPR is:

Schönherr Rechtsanwälte GmbH

Schottenring 19

1010 Wien

b) How can you contact the data protection officer?

For questions about data protection, please email dataprotectionAT@schoenherr.eu.

2. What is personal data?

According to Art. 4 (1) GDPR, personal data is all data that refers to an identified or identifiable natural person.

3. Which data is used?

The following data and data categories are inter alia processed within the application process:

• Applicant master data (first name, last name, title, email address, telephone number, address, date of birth, citizenship)
• Qualifications data (cover letter, personal statement, resume, previous experience, professional qualifications and skills)
• Voluntary information, such as a photo, disability status or other information that you voluntarily share with us in your application or voluntarily upload
• Additional questions depending on the respective position (e.g. driver’s license, citizenship)
• Communication between you and us as well as comments and evaluations concerning you that are created during your application process
• Other data / data categories, e.g. publicly accessible professional data such as profiles on professional social media networks like XING or LinkedIn.
• Special categories of personal data: If you provide information in your application documents that falls into special categories of personal data as defined by Art. 9 (1) GDPR (e.g. information that implies your sexual orientation; information on your health; information that implies your ethnicity or religion), we will process this data only within the legally permissible framework.

4. For what purposes do we process your data and on what legal basis?

a) Data processing for purposes of employment

We collect only personal data which you have disclosed in your job application e.g. academic degree, name, contact details, interests, CV, letter of motivation, reference letters and any other information and documents you have sent in. Your personal data is used for purposes of selecting personnel to fill open positions, in other words for initiating a contract of employment. The necessity and the scope of data collection are determined according to the position to be filled.

Consent – Art. 6 (1) (a) and Art. 9 (2) (a) GDPR

The corresponding legal basis for this processing of your personal data is your consent, which you can withdraw at any time with immediate effect.^[1]

Furthermore, we also include you – based on and with your consent only – in a candidate pool; in other words, we save your application documents after the current application process in order to consider you in subsequent application processes. This however only as long as it is permissible to keep your personnel data.

You can withdraw your consent at any time with immediate effect. Please inform us of this revocation by email to dataprotectionAT@schoenherr.eu. The legality of the processing of your data up to the time of revocation remains hereby unaffected.^[2] Please note that we may have to suspend the application process, if you do not, or not sufficiently, provide us with your data required for the application or withdraw your consent to the processing of this data.

b) Data processing based on a legitimate interest – 6 (1) (f) GDPR

In certain cases, we process your data to safeguard a legitimate interest of ours or of third parties. A legitimate interest applies, for example, if your data is required for the establishment, exercise or defense of legal claims in connection with the application process (e.g. claims according to the Austrian Equal Treatment Act). In the event of a legal dispute, we have a legitimate interest in processing the data for evidential purposes.

5. With whom is your data shared?

Your data is primarily processed by our Human Resources department. In some cases, other internal and external parties also participate in processing the data.

Internal parties could be specialized areas or departments of our company as well as other "Schönherr International Offices[3]".

Our external service provider is New Work SE. New Work SE, Am Strandkai 1, 20457 Hamburg (hereafter “New Work SE”), operates the e-recruiting system Onlyfy under the domain *.jobbase.io (hereafter “jobbase.io”), where companies can post job ads as well as receive and manage applications.

As part of these activities, New Work SE processes personal data solely on behalf of and for the purposes of Schönherr Rechtsanwälte GmbH and is therefore considered a processor according to Art. 4 (8) GDPR.

Jobbase.io is the central platform for our applicant tracking. When using our online form, your personal data is entered directly into jobbase.io. When an application is submitted by post or email, your data may also be transferred to the e-recruiting system.

6. For how long is your data stored?

(1) We store your personal data for as long as necessary and permitted for making the decision concerning your application. The corresponding legal basis for this processing of your personal data is your consent, which you can withdraw at any time with immediate effect. Please note that we may have to suspend the application process, if you do not, or not sufficiently, provide us with your data required for the application process.

(2) Additionally, we process your data for the duration of the application process and as far as legal claims can be raised against us (i.e. for at least 7 months after declining an application due to possible claims under the General Equal Treatment Act (so called Gleichbehandlungsgesetz, "GlBG"). Beyond that your data may be stored if you give your consent regarding further record keeping.

7. What rights do you have in connection with the processing of your data?

(1) You can request information on whether we are storing personal data concerning you. Upon your request, we will inform you of what data is involved, the purposes for which the data is processed, who the data is shared with, for how long the data will be stored and what other rights you have in relation to this data.

(2) You also have the right to rectification or erasure of your data. You can also request that we make all personal data that you have shared with us available to you, another person or a company of your choice in a structured, commonly used and machine-readable format.

(3) You also have the right not to be subjected to a decision based solely on automated processing (including profiling) that produces legal effects concerning you. Within the context of the application process, we do not use any exclusively automated processes for making decisions.

(4) You have the right to object at any time, on grounds relating to your particular situation, to processing of personal data concerning you which is based on Art. 6 (1) (e) GDPR (data processing for reasons of public interest) or on Art. 6 (1) (f) GDPR (data processing for safeguarding of a legitimate interest), including profiling based on those provisions. If you lodge an objection, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms or for the establishment, exercise or defense of legal claims.

(5) You also have the right to lodge a complaint with the competent supervisory authority.

(6) To exercise your rights, you can contact us by email dataprotectionAT@schoenherr.eu. We will process your requests as quickly as possible according to the statutory requirements and inform you of the measures we have taken or will take.

8. Are you obligated to provide your personal data?

The provision of personal data is required neither by law nor by contract, nor are you obligated to provide the personal data. However, the provision of personal data is required for conducting the application process. In other words: if you do not provide us with any/the necessary personal data along with an application, we cannot conduct the application process..

9. What happens if you interrupt your online application?

You can interrupt the creation of your online application at any time and continue it later. The platform utilizes technically necessary cookies for this purpose. Data is transmitted to jobbase.io during the application process. In other words: data you have provided for creation of a user account and any uploaded documents are entered into jobbase.io. The data remains here if you interrupt and/or do not conclude an application. In this case, your application is marked as incomplete, but the data remains visible to our company, to a limited extent.

You can view, edit or update the data you have provided within the context of the online application at any time in your candidate profile.

If you make no further changes in your candidate profile, such as concluding an ongoing application, starting a new application or changing the data of an existing application, your data will be deleted within seven months after completion of the last active application process.

You can submit a request for erasure of your candidate profile and your application documents at any time.

Please note that in case of submitting such a request, we have to suspend the application process.

10. Supplement to the Data Protection Declaration by New Work SE

Schönherr Rechtsanwälte GmbH is not responsible for the data processing described below; the controller in this case is New Work SE:

New Work SE

Am Strandkai 1

20457 Hamburg

If you have questions for New Work SE concerning data protection law, please contact datenschutzbeauftragter@new-work.se.

a) Automated collection of usage data

When accessing the domain jobbase.io, your web browser automatically sends certain usage data for technical reasons. This information is stored separately from other data in log files. Onlyfy collects the following information:

• Date and time as well as duration of the access
• Browser type/version
• Operating system
• URL of the previously visited web page
• Quantity of data transmitted
• A GeoIP lookup is performed based on your IP address (Internet Protocol address)
• Names of the accessed files
• http status code (e.g. “request successful”)
• URL of the accessed web page
• Access type (GET, POST)

This data is technically required in order to offer the functions of the e-recruiting system and to ensure the stability and security of the system. It is stored by Onlyfy for a period of 12 months. Data that must be further retained for evidential purposes is excepted from the erasure until final clarification of the respective case.

The legal basis for processing of the data is Art. 6 (1) (f) GDPR.

b) Cookies

Onlyfy uses cookies. These serve for making the online application more user-friendly and efficient. The cookies are technically required in order to make this website available to you. It would not be possible to operate the website without using the cookies. There is therefore no option to refuse use of the cookies.

The legal basis for processing of the data is Art. 6 (1) (f) GDPR.

The following cookies are used by Onlyfy:

Provider	Cookie	Purpose	Duration of storage
Onlyfy	PHPSESSID	This cookie serves identify the user during the use of Onlyfy. The cookie is absolutely necessary for correct functionality of the website. The cookie is valid only until closing of the browser.	Until the browser window is closed (session cookie).
Onlyfy	REMEMBERME	This cookie serves to restore an expired session. The cookie is absolutely necessary for correct functionality of the website.	The cookie is valid for 2 weeks.