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
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
PHENOGY AG
Platz 46039 Root D4
Schweiz
E-Mail: hello@phenogy.com
The controller's data protection officer is:
The responsible body is the natural or legal person who alone
or jointly with others determines the purposes and means of the
processing of personal data (e.g. names, e-mail addresses or
similar).
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
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
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
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
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.
