PRIVACY POLICY

Personal data (usually referred to just as "data" below) will only be processed by us to the extent necessary and for the purpose of providing a functional and user-friendly website, including its contents, and the services offered there.

Per Art. 4 No. 1 of Regulation (EU) 2016/679, i.e. the General Data Protection Regulation (hereinafter referred to as the "GDPR"), "processing" refers to any operation or set of operations such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment, or combination, restriction, erasure, or destruction performed on personal data, whether by automated means or not.

The following privacy policy is intended to inform you in particular about the type, scope, purpose, duration, and legal basis for the processing of such data either under our own control or in conjunction with others. We also inform you below about the third-party components we use to optimize our website and improve the user experience which may result in said third parties also processing data they collect and control.

Our privacy policy is structured as follows:

I. Information about us as controllers of your data
II. The rights of users and data subjects
III. Information about the data processing
IV. Data protection for candidates

I. Information about us as controllers of your data

The party responsible for this website (the "controller") for purposes of data protection law is:

CLEANCELL AG
Platz 4
6039 Root D4
Schweiz
E-Mail: hello@phenogy.com

The controller's data protection officer is:

Nicolas Wellinger

II. The rights of users and data subjects

With regard to the data processing to be described in more detail below, users and data subjects have the right

  • to confirmation of whether data concerning them is being processed, information about the data being processed, further information about the nature of the data processing, and copies of the data (cf. also Art. 15 GDPR);
  • to correct or complete incorrect or incomplete data (cf. also Art. 16 GDPR);
  • to the immediate deletion of data concerning them (cf. also Art. 17 DSGVO), or, alternatively, if further processing is necessary as stipulated in Art. 17 Para. 3 GDPR, to restrict said processing per Art. 18 GDPR;
  • to receive copies of the data concerning them and/or provided by them and to have the same transmitted to other providers/controllers (cf. also Art. 20 GDPR);
  • to file complaints with the supervisory authority if they believe that data concerning them is being processed by the controller in breach of data protection provisions (see also Art. 77 GDPR).

In addition, the controller is obliged to inform all recipients to whom it discloses data of any such corrections, deletions, or restrictions placed on processing the same per Art. 16, 17 Para. 1, 18 GDPR. However, this obligation does not apply if such notification is impossible or involves a disproportionate effort. Nevertheless, users have a right to information about these recipients.

Likewise, under Art. 21 GDPR, users and data subjects have the right to object to the controller's future processing of their data pursuant to Art. 6 Para. 1 lit. f) GDPR. In particular, an objection to data processing for the purpose of direct advertising is permissible.

III. Information about the data processing

Your data processed when using our website will be deleted or blocked as soon as the purpose for its storage ceases to apply, provided the deletion of the same is not in breach of any statutory storage obligations or unless otherwise stipulated below.

Server data

For technical reasons, the following data sent by your internet browser to us or to our server provider will be collected, especially to ensure a secure and stable website: These server log files record the type and version of your browser, operating system, the website from which you came (referrer URL), the webpages on our site visited, the date and time of your visit, as well as the IP address from which you visited our site.

The data thus collected will be temporarily stored, but not in association with any other of your data.

The basis for this storage is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the improvement, stability, functionality, and security of our website.

The data will be deleted within no more than seven days, unless continued storage is required for evidentiary purposes. In which case, all or part of the data will be excluded from deletion until the investigation of the relevant incident is finally resolved.

Newsletter

If you register for our free newsletter, the data requested from you for this purpose, i.e. your email address and, optionally, your name and address, will be sent to us. We also store the IP address of your computer and the date and time of your registration. During the registration process, we will obtain your consent to receive this newsletter and the type of content it will offer, with reference made to this privacy policy. The data collected will be used exclusively to send the newsletter and will not be passed on to third parties.

The legal basis for this is Art. 6 Para. 1 lit. a) GDPR.

You may revoke your prior consent to receive this newsletter under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent or click on the unsubscribe link contained in each newsletter.

Google Fonts

Our website uses Google Fonts to display external fonts. This is a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland (hereinafter: Google).

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

Google guarantees that it will follow the EU's data protection regulations when processing data in the United States.

To enable the display of certain fonts on our website, a connection to the Google server in the USA is established whenever our website is accessed.

The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the optimization and economic operation of our site.

When you access our site, a connection to Google is established from which Google can identify the site from which your request has been sent and to which IP address the fonts are being transmitted for display.

Google offers detailed information at

https://adssettings.google.com/authenticated

https://policies.google.com/privacy

in particular on options for preventing the use of data.

MailChimp - Newsletter

We offer you the opportunity to register for our free newsletter via our website.

We use MailChimp, a service of The Rocket Science Group, LLC, 512 Means Street, Suite 404, Atlanta, GA 30318, USA, hereinafter referred to as "The Rocket Science Group".

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active

the Rocket Science Group guarantees that it will follow the EU's data protection regulations when processing data in the United States. In addition, the Rocket Science Group offers further information about its data protection practices at

http://mailchimp.com/legal/privacy/

If you register for our free newsletter, the data requested from you for this purpose, i.e. your email address and, optionally, your name and address, will be processed by The Rocket Science Group. In addition, your IP address and the date and time of your registration will be saved. During the registration process, your consent to receive this newsletter will be obtained together with a concrete description of the type of content it will offer and reference made to this privacy policy.

The newsletter then sent out by The Rocket Science Group will also contain a tracking pixel called a web beacon. This pixel helps us evaluate whether and when you have read our newsletter and whether you have clicked any links contained therein. In addition to further technical data, such as data about your computer hardware and your IP address, the data processed will be stored so that we can optimize our newsletter and respond to the wishes of our readers. The data will therefore increase the quality and attractiveness of our newsletter.

The legal basis for sending the newsletter and the analysis is Art. 6 Para. 1 lit. a) GDPR.

You may revoke your prior consent to receive this newsletter under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent or click on the unsubscribe link contained in each newsletter.

IV. Data protection for candidates

Dear Applicant,
We are delighted about your interest in our company. According to the provisions of Art. 13, 14 and 21 of the General Data Protection Regulation (GDPR), we hereby inform you about the processing of personal data transmitted by you during the application process and, if applicable, personal data collected by us and your rights in this regard. To ensure that you are fully informed about the processing of personal data within the application process, please take note of the following information.

a) Purpose and legal basis of processing

We process your personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG) for the purpose of your application for employment, insofar as this is necessary for the decision to establish an employment relationship with us. The legal basis for this is Art. 88 GDPR in connection with §26 BDSG-new as well as, if applicable, Art. 6 para. 1 lit. b GDPR for the initiation or implementation of contractual relationships.

Furthermore, we can process your personal data, as far as this is required to fulfil legal obligations (Art. 6 para. 1. lit. c GDPR) or to defend against legal claims asserted against us. The legal basis is Art. 6 para. 1 lit. f GDRP. The legitimate interest is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG). If you give us an express consent to the processing of personal data for specific purposes, the legality of this processing is based on your consent in accordance with Art. 6 para. 1 lit. a GDPR. A granted consent may be revoked at any time, with effect for the future (see section g) of this privacy policy). Processing that took place before revocation is not affected by this.

If it comes to an employment relationship between you and us, we can, acc. to Art. 88 GDPR in connection with §26 BDSG-new, further process the personal data already received from you for the purposes of the employment relationship, insofar as this is necessary for the execution or termination of the employment relationship or for the exercise or fulfillment of the rights and duties of employee representation arising from a labor agreement, a company or service agreement (collective agreement).

b) Categories of personal data

We process data related to your application. This may include general data about you (name, address, contact details, etc.), information about your professional qualification and school education or information about further professional training, as well as any other information that you provide us with in connection with your application.

c) Sources of data

We process personal data which we receive from you by post or email in the course of contacting you or your application or which you transmit to us via other portals and sources.

d) Recipients of the 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 interests.

Your personal data will be processed on our behalf on the basis of commissioned processing contracts in accordance with Art. 28 GDPR. In these cases, we ensure that personal data is processed in accordance with GDPR. The categories of recipients in this case are internet service providers and providers of applicant management systems and software. The provider of the applicant management system to support the applicant and recruitment processes is Greenhouse Software, Inc.

A data transfer to recipients outside the company is otherwise only permitted to the extent or required by applicable law, if it is necessary to fulfil legal obligations or if you have given your consent.

e) Transfer to a third country

Greenhouse Software, Inc. is a cloud services provider based in the United States of America. Accordingly, if you are located outside the United States, your personal information will be transferred to the United States as soon as you submit it through this site. Since the EU Commission has determined that the data protection laws of the United States do not provide an adequate level of protection for personal data collected from data subjects in the EU, the transfer is subject to appropriate additional safeguards. You can obtain a copy by contacting us at talent@phenogy.com.

f) Duration of data storage

We store your personal data as long as this is necessary for the decision on your application. Your personal data or application documents will be deleted up to a maximum of six months after the end of the application process (e.g. the announcement of the rejection decision), unless a longer storage period is legally required or permitted. In addition, we will only store your personal data insofar as this is legally required or in the specific case for the assertion, exercise or defense of legal claims for the duration of a legal dispute.

In case you have agreed to a longer storage of your personal data, we will store your personal data according to your declaration of consent.

If an employment, training or apprenticeship relationship arises after the application process, your data will continue to be stored as required and permissible and then transferred to the personnel file.

If applicable, you will receive an invitation to join a talent pool following your application. This will allow us to consider you in our selection process for suitable vacancies in the future. In the case of your consent, we will store your application data in our talent pool in accordance with your consent or, if applicable, future consent.

g) Your rights

Every relevant person has the right of disclosure under Art. 15 GDPR, the right to correction under Art. 16 GDPR, the right to cancellation under Art. 17 GDPR, the right to restrict the processing under Art. 18 GDPR, the right of communication under Art. 19 GDPR and the right of data transferability under Art. 20 GDPR.

In addition, you have the right of appeal to a data protection supervisory authority acc. to the Art. 77 GDPR, if you believe that the processing of your personal data is not lawful. The right of appeal is without prejudice to any other administrative or judicial remedy.

Unless the processing of data is based on your consent, Art. 7 GDPR entitles you to revoke your consent to the use of your personal data at any time with effect for the future. Please note that we may need to retain certain data for compliance with legal requirements for a certain period of time (see f) of this privacy policy).

Right of objection: If the processing of your personal data is carried out in accordance with Art. 6 Par. 1 letter f GDPR to protect legitimate interests, you have the right to object to the processing of this data at any time for reasons arising from your particular situation in accordance with Art. 21 GDPR. We will then no longer process this personal data unless we can prove compelling legitimate reasons for processing. These must outweigh your interests, rights and freedoms, or the processing serves the assertion, exercise or defense of legal claims.

To protect your rights, you can contact us at any time.

h) Requirement of provision of personal data

The provision of personal data in the context of application processes is not required by law or contract. You are therefore not required to provide personal data. However, the provision of personal data is necessary for the decision on an application or a contract of employment with us. If you do not provide us with personal data when applying for a job, we cannot decide on whether to establish an employment relationship. However, you should only provide us with the personal data that is necessary for us to receive and process your application.

i) Automated decision-making

The decision on your application is not based solely on automated processing. Therefore, no automated decision is made in individual cases in the sense of Art. 22 GDPR.