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Privacy Policy for softgarden Products

The protection and confidentiality of your data are highly important to softgarden. The collection and use of your personal data is performed solely within the terms of the statutory provisions of the applicable data protection law. This Data Protection Notice will tell you about the personal data we process when you use softgarden, and the purpose for which this data will be used. softgarden collects and uses your personal data solely in accordance with the provisions of the data protection laws that apply in the Federal Republic of Germany and the European Union. Information concerning the type, scope and purposes of collection and use of personal data is set out in the following.

1. Data controller

The data controller within the meaning of the data protection law is:

softgarden e-recruiting GmbH
Tauentzienstraße 14
10789 Berlin (Germany)

If you have any questions or comments concerning data protection, you can contact us by email at the following address datenschutz@softgarden.de.

2. Data Protection Officer

The Data Protection Officer within the definition of the data protection laws is:

Marco Tessendorf
procado Consulting, IT – & Medienservice GmbH
Warschauer Straße 58a
10243 Berlin (Germany)

email: eDSB@procado.de

3. Location of the data processing

softgarden operates an IT infrastructure at its administrative offices in Berlin and Saarbrücken, as well as in the data processing centres operated by the following service providers:

  • myLoc managed IT AG
  • PlusServer GmbH

All data processing centres are located within the territory of Germany.

4. Object of the data protection

The object of the data protection is personal data. According to Art. 4 no. 1 GDPR, this means any information relating to an identified or identifiable natural person (“data subject”). This includes information such as name, postal address, email address and telephone number, and can, in certain circumstances, include usage data. Usage data relates to the data necessary to use our website, such as information concerning the start, end and scope of the use of our website and login data.

This Data Protection Notice applies to all products and services of softgarden e-recruiting GmbH, especially for the following services:

  • Recruitment platform and applicant management system
  • Applicant and employee feedback
  • softgarden reference manager

5. Collection and use of your data

5.1. Automated data collection

softgarden and third-party services may collect data for operating and maintenance purposes. These record interaction-related information via the application (system logs), or use other personal data (e.g. IP address) for this purpose.

When accessing softgarden products, your internet browser will automatically transfer data due to technical reasons. The following data, which you will provide to us in certain circumstances, will be stored separately from other data:

  • date and time of access
  • browser type and version
  • applicable operating system
  • URL of the previously visited website
  • quantity of data transferred
  • IP address of the access

These data will be stored solely for technical reasons, and at no time will they be attributed to a particular person. Legal basis is Art. 6 (1) 1st sentence point f) GDPR.

6. Data entered by the user

6.1. Recruitment platform and applicant management system

6.1.1. General information

You will have to register (login) in order to use all the benefits available from softgarden. For this purpose, you must enter your name, your email address, the name of your company, your user name and a password. We need this data to create your account for the recruiting platform, and to enable you to utilise softgarden’s full range of services. In addition, softgarden also needs this data (and possibly other data too) to respond to requests, questions and criticisms.

The user administrator facility also enables recruiting platform users to invite other users. The following data is required on all users:

  • name
  • email address
  • work contact details
  • job title

This data is necessary in order to communicate with candidates during the job application process and for running the software. Legal basis is Art. 6 (1) 1st sentence point b) GDPR.

6.1.2. Logging onto the recruiting platform

The following additional data is needed when logging onto the recruiting platform:

  • date and time of the log-in attempt
  • user name assigned to the account
  • browser type and version
  • IP address of the log-in attempt
  • outcome of the log-in attempt (successful, not successful)

This data is used for documenting the software access and for technical security aspects. This data is stored for a period of 3 years. Legal basis is Art. 6 (1) 1st sentence point f) GDPR.

6.1.3. Referral Manager

When using the Referral Manager module, name, business e-mail address and user picture of the recommending user are displayed to the user of the recruiting platform. In the Referral Manager Portal the following details of a recommended application are displayed to the recommending user: date of application, name of the recommending user, current process step. The recommendation of a potential candidate is based on his consent. Legal basis is Art. 6 (1) 1st sentence point b) GDPR.

6.2. Transfer of personal data

During the course of the ongoing development of our business activities, changes may occur to the structure of the softgarden e-recruiting GmbH Company, whereby the legal form is amended, subsidiaries, units or parts thereof are formed, acquired or sold. Where such transactions occur, the customer information will be transferred together with the transferred part of the company. In the case of every such transfer of personal data in this context, softgarden shall ensure that this takes place in accordance with this Data Protection Notice and with the applicable data protection laws Legal basis is Art. 6 (1) 1st sentence point f) GDPR.

6.2.1. Newsletter

softgarden offers you a free-of-charge newsletter service. softgarden uses this newsletter to provide information on product updates, price changes, other information relevant to using the platform as well as taking part in surveys, in order to make you aware of new products or services or send you other information that may be of interest to you. Our newsletters also contain information about offers and products available from our co-operation partners.

The newsletter subscription can be activated or cancelled at any time by using the settings in your profile. Every newsletter contains information telling you how it the subscription can be cancelled, taking effect for the future. Legal basis is Art. 6 (1) 1st sentence point a) GDPR.

6.3. Cookies and local storage

softgarden stores cookies to offer you a comprehensive range of functions, and to design our website to be more user-friendly. Cookies are small files stored on your computer with the aid of your internet browser. If you prefer to block the use of cookies, you can use your browser settings to prevent them from being stored on your computer. Please note that this may restrict the functionality and the functional scope of our website.

This website uses the following types of cookies, and their scope and function is described below:

6.3.1. Transient cookies

Transient cookies are automatically deleted when you close your browser. This particularly include session cookies. They store what is known as a session ID, which correlates various queries made by your browser during a common session. This helps to identify your computer when you return to the website. Session cookies are deleted once you log out or close your browser.

6.3.2. Persistent cookies

Persistent cookies are automatically deleted after a given time, which varies depending on the cookie in question. You may delete any cookie using the security preferences in your browser at any time.

6.3.3. Local storage

We also store personal data in so-called local storage, which means we use the storage capacity of your browser.

This storage is used to display pages in your preferred language. The data stored in the Local Storage for this purpose are only accessible to you (via the browser) and softgarden. Third parties and other websites can not read the data. Merging the data with other data (for example, information from tracking tools that are also separately stored in local storage) does not happen. The data stored in the Local Storage are not used for advertising purposes and serve the purpose of safeguarding our legitimate interest in offering our web offers in the best possible way. Legal basis is Art. 6 (1) 1st sentence point f) GDPR.

7. Use of the collected data

User data is collected to enable softgarden to deliver the services. Data is also collected for the following purposes: analytics, interaction with live chat platforms, interaction with support and evaluation platforms, administration of support and contact queries, administration of use databases, administration of contacts and for sending messages, contacting the user, advertising, enabling third-party providers to access profiles, displaying the content of external platform, and for remarketing and behavioural targeting.

As an existing customer of softgarden, it is possible that softgarden invites you to trade fairs and events in your area. These fairs and events are always related to current and interesting topics related to the products and services of softgarden, applicant management in general or other topics in the field of human resources. These invitations are available free of charge from softgarden. By receiving or using this invitation, you will not enter into any legal obligations with softgarden. If you no longer wish to receive the invitations, you can object to the sending at any time by sending an email to datenschutz@softgarden.de or one of the contact options in the privacy policy. Sending these mails and invitations is safeguarding the legitimate interest of softgarden to invite you to fairs and events related to the products and services of softgarden. The legal basis for this is the preservation of a legitimate interest due to a weighing of interests from Art. 6 para. 1 lit. f) GDPR and § 7 Abs. 3 of the german UWG.

The personal data used for the purposes listed here, is described in the applicable sections of this document.

8. Improvement of softgarden services

softgarden uses various systems in order to improve the services on offer, and to assist customers with support inquiries.

8.1. Google Analytics

softgarden employs Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics employs cookies, i.e. text files that are stored on your computer and which enable an analysis to be made of your use of this website. The information generated by the cookie on your use of this website will normally be transmitted to a Google server in the United States and stored there. If IP anonymization is activated on this website, however, your IP address will firstly be truncated by Google from within a member state of the European Union or from within any other country which is party to the Agreement on the European Economic Area. Only in exceptional cases will the complete IP address be sent to a Google server in the United States and truncated there. Google will use this information on our behalf for purposes of evaluating your use of the website, compiling reports on website activity and for providing the website operator with other services relating to website use and internet usage.

The IP address relayed by your browser within the Google Analytics process will not be linked to any other data owned by Google.

You can block the installation of cookies by adjusting your browser software accordingly; however we point out that by doing so you may be prevented from using the full range of this website’s functions. You can also prevent the acquisition of the data generated by the cookie (including your IP address) by Google and the processing of this data by Google by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout.

softgarden uses Google Analytics with the extension “anonymizeIp()”. This means that IP addresses are further processed in a truncated form, to prevent any reference to a particular person. If a reference to a person ever occurs on the basis of the data collected from you, this will be removed from the process immediately, and the personal data therefore erased without delay.

softgarden uses Google Analytics to analyse the use of the website and the products of softgarden, in order that these can be improved regularly. The statistics obtained enable us to improve our website and design it to be more interesting to you personally as a user. To cover those exceptional cases, in which personal data is transferred to the USA, Google has committed itself to the EU-U.S. Privacy Shield Framework, https://www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Art. 6 (1) 1st sentence point f) GDPR.

Information on the third-party provider: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. Terms and Conditions of Use: https://www.google.com/analytics/terms/us.html, Data protection overview: https://www.google.com/analytics/learn/privacy.html, and the Privacy Policy: https://policies.google.com/privacy.

8.2. Hubspot

softgarden uses HubSpot as a software solution for the management and realisation of inbound marketing. If you use our contact form and give your consent that Hubspot may process your data, you will have the opportunity to learn more about our company, and make your contact information available to us. Legal basis is Art. 6 (1) 1st sentence point f) GDPR. This information will be stored on servers belonging to HubSpot Inc. HubSpot, Inc. is committed to the U.S.-EU Safe Harbor and the U.S.-Swiss Safe Harbor Principles, as well as those imposed by the U.S. Department of Commerce for the collection, use and storage of personal data originating in EU Member States. In addition, customers in the European Union or in the European Economic Area can enter into a data processing contract, in connection with Article 26(2) of Directive 95/46/EG, this contract containing standard contractual clauses accepted by the European Commission, in order to implement adequate security measures regarding the data processed under this contract. HubSpot is a U.S.-based software company with a subsidiary enterprise based in Ireland (HubSpot Ireland Ltd., 2nd Floor, 30 North Wall Quay, Dublin, Ireland). We will use your information to send you additional information about our services, and to identify you the next time you visit our website. You can configure the settings of your browser software to block new cookies or erase those already stored. Please note that blocking cookies may mean that the functionality of some services is restricted. More information on the technologies employed by Hubspot Inc. is contained in the privacy policy of Hubspot available at https://www.hubspot.com/legal/privacy-policy.

8.3. Support tools

softgarden uses the Zendesk support platform and its associated Zopim chat software for the purpose of delivering end-user support.

With this type of service, users can interact directly via the application with live chat platforms operated by third parties, in order to contact or be contacted by the support team responsible for this application.
This type of service might still collect navigation and usage data for the pages where the service is installed, even when users do not use the service. Live chats may possibly also be logged.

The Zopim widget is a service for interacting with the Zopim live chat platform operated by Zendesk Singapore Pte. Ltd., based in Singapore. Personal data collected: cookie and usage data.

Zendesk is a service provided by Zendesk Inc. for the management of support and contact inquiries. Personal data collected: various types of data, as described in the privacy policy of the service.

The Zendesk privacy policy is available at https://www.zendesk.com/company/customers-partners/privacy-policy/

The legal basis for the use of Zendesk and Zopim is Art. 6 (1) 1st sentence point f) GDPR.

8.4. Platforms for online surveys

With this type of service, users can interact directly via the application with online survey platforms operated by third parties.
This type of service might still collect navigation and usage data for the pages where the service is installed, even when users do not use the service. Legal basis is Art. 6 (1) 1st sentence point f) GDPR.

The SurveyMonkey widget is a service for interacting with the SurveyMonkey online survey platform operated by SurveyMonkey Inc.

Personal data collected: cookie and usage data.

Processing location: USA – https://www.surveymonkey.com/mp/policy/privacy-policy/

8.5. Displaying external platform content

This type of service enables users to view content hosted on external platforms directly from the pages of this application and interact with them. This type of service might still collect web traffic data for the pages where the service is installed, even when users do not use it.

8.5.1. Google Fonts (Google Inc.)

Google Fonts is a service provided by Google Ireland Limited (“Google”). With the help of Google Fonts fonts can be displayed on our web pages.
If single pages of this website are called up, a fetch of a font is made from the font database. In this call, the respective IP address of the user is retrieved and transmitted in a pseudonymized form to Google. However, no cookies or other identifying features are stored or transmitted. The processing described makes it possible to offer the fonts of the web pages in the most up-to-date form, thus generally increasing the availability of the website. For these purposes, our legitimate interest lies in the processing of data according to Art. 6 para. 1 sentence 1 lit. f GDPR. We do not collect personally identifiable information by using the tool. Google claims to retain fonts retrieval requests for up to 365 days. Browser settings (e.g., blocking the Google Fonts API) may be objected to. However, this can result in the websites no longer displaying correctly.

Processing location: USA – Privacy Policy

8.5.2. Google Maps Widget (Google Inc.)

Google Maps is a service provided by Google Inc. for the visualisation of fonts, with which this application can integrate corresponding content into its web pages. Legal basis is Art. 6 (1) 1st sentence point f) GDPR.

Personal data collected: cookie and usage data.

Processing location: USA – Privacy Policy

8.5.3. Google reCaptcha (Google Inc.)

softgarden uses Google’s reCaptcha service to determine if a human or computer is performing a specific action on any of our websites. Google collects the following personal information to verify this purpose and verifies that you are a human or computer:

  • IP address of the used terminal,
  • The website you visit and where the captcha is embedded
  • The date and duration of the visit,
  • The identification data of the browser and operating system type used (see Cookies),
  • Google Account, if you are logged in to Google,
  • Mouse movements on the reCaptcha surfaces as well
  • Tasks where you need to identify images.

The legal basis for the described data processing is the preservation of a legitimate interest according to Art. 6 para. 1 lit. f) GDPR. Maintaining the legitimate interest is to ensure the security of our websites and prevent us from automated bot attacks. to protect. More information about Google ReCaptcha can be found at https://developers.google.com/recaptcha/.

8.5.4 Scheduling with Cronofy

It is possible to organize internal appointments or meetings with applicants directly via the recruiting platform and to invite the appropriate persons directly. For this purpose, we integrate the service of Cronofy Limited, 9a Beck Street, Nottingham, NG1 1EQ, UK into our system upon customer request.

By integrating this service, Cronofy gets access to your calendar as well as to the calendars of your colleagues who are also registered on the recruiting platform. This is done solely for the purpose of finding appointments and invitations. As a recruiter you now have the possibility to find the free time slots of participating colleagues directly on the recruiting platform and to invite them, as well as external applicants, to the appointment and to block the corresponding time slot in the calendar.

The legal basis of the processing is Art. 6 para. 1 lit. f DSGVO (legitimate interests). Our legitimate interest is to handle the entire applicant process as efficiently as possible via the recruiting platform. This also includes the organisation of appointments and invitations.

softgarden uses Cronofy solely via the German servers of the service provider. A transfer of personal data to third countries (countries outside the EU/EEA) does not take place. If, in exceptional cases, personal data is transferred to the US-American servers of Cronofy Ltd., Cronofy has subjected itself to the EU-US Privacy Shield, see https://www.privacyshield.gov/list.

Further information on data protection at Cronofy can be found at https://docs.cronofy.com/policies/privacy-notice/.

9. Additional information concerning the collection and processing of data

9.1. Legal measures

The data controller may use the personal data of the user for legal purposes in court proceedings or in advance of possible law suits, arising from the fact that softgarden products or the associated services did not function properly. The user is aware that public authorities may demand that softgarden surrender personal data. Legal basis is Art. 6 (1) 1st sentence point e) GDPR.

9.2. Information not contained in the Data Protection Notice

Additional information concerning the collection or processing of personal data may be requested at any time from the controller, which can be contacted using the specified data.

9.3. Rights of users

Users are entitled to be provided with information at any time, confirming whether or not their personal data is being stored, and they may contact the controller in order to find out about the content and source of the stored data, to review its accuracy, to demand that it be supplemented, erased, updated, corrected or converted into an anonymised format or to have a block imposed on unlawfully stored data, and to object to processing on legitimate grounds. If you have any concerns in this regard, please email datenschutz@softgarden.de or send a letter by regular post to the address provided above.

You are also entitled at any time, to exercise your right to object without stating any reasons, and to modify or wholly withdraw your declaration of consent, taking effect for the future. You can communicate your withdrawal of consent to the contractual partner by regular mail, by email or by fax. In doing so, you will incur no costs apart from the postage or the cost of sending the email etc. according to the existing base tariff. However, please note that you will no longer be able to use the software in this case.

9.4. Duration of storage

If your data is no longer needed for the aforementioned purposes, or if this Data Protection Notice explicitly contains other specifications regarding erasure time limits, then your data will be erased if the purpose of the processing has been fulfilled. If it is necessary to retain the data for legal reasons, the processing will be restricted. The data will then no longer be available for subsequent use.

softgarden’s products support Do Not Track requests from web browsers. To find out of applicable third-party providers follow the Do Not Track protocol, please read the privacy policy for the service in question.

9.5. Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or place of the alleged infringement if you consider that the processing of your personal data infringes the GDPR. The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

9.6. Changes to this Data Protection Notice

softgarden reserves the right, having appropriately informed the user on this website, to make changes to this Data Protection Notice at any time. Users are therefore advised to view these pages regularly, so as to review the date of the most recent amendment as specified at the bottom of the screen. If a user objects to an amendment to this Data Protection Notice, he may no longer be permitted to use the services offered by softgarden, and he may request that softgarden erase his personal data. Unless stated otherwise, the applicable current Data Protection Notice shall apply to all the user’s personal data as stored by the controller.

9.7. Version

Document ID: D401

Rev.: 1.5

Valid from: 2020-06-15