Effective Date: November 8, 2018
Smaato collects a range of personal data about you. Generally, this data includes, but may not be limited to:
We may also collect personal data about you from third parties, such as references supplied by former employers. If you provide us with personal data relating to a reference or any other individual within your application materials (e.g., the contact details of a reference), it is your responsibility to ensure that you have obtained consent from that individual prior to submitting such personal data to Smaato.
Data will be stored in a range of locations, including in your application record, in human resources management systems, and on other IT systems (e.g., email).
We collect and process your personal data primarily for recruiting purposes. This includes evaluating your qualifications and skills, verifying information you have provided, carrying out reference checks, communicating with you, managing the recruitment process, and deciding on the establishment of an employment relationship for which you have applied. We process this personal data subject to your consent (e.g., for information you voluntarily provide to us) and as necessary to take steps at your request prior to entering into a contract with you.
Furthermore, Smaato has a legitimate interest in processing personal data during the recruitment process and for keeping records of this process. Processing your personal data allows us to manage the recruitment process, assess and confirm job applicants’ suitability for employment, and decide to whom to offer a job. We may also need to process personal data from job applicants to respond to and defend against legal claims.
In some cases, we need to process your personal data to ensure that we are complying with our legal obligations. For example, it is mandatory to check a successful applicant’s eligibility to work in Germany before employment starts. We may also collect information about whether a job applicant is disabled in order to make reasonable adjustments, carry out our legal obligations, and exercise specific rights in relation to employment.
If your application is unsuccessful (or you withdraw your application or decline an offer we have extended), Smaato may keep your personal data on file in case there are future employment opportunities for which you may be suited. If you would prefer that your application materials are not retained by Smaato for consideration of future opportunities, please inform us by sending an email to [email protected]. Please note, however, that Smaato may retain certain information if required by law or as necessary to protect ourselves from legal claims.
If you are an EEA applicant, processing of your personal data is pursuant to Article 6 of the GDPR and Section 26 of the German Federal Data Protection Act (the “BDSG”).
Your information may be shared internally for the purposes of the recruitment process, including with members of the Human Resources and recruitment teams, interviewers involved in the recruitment process (e.g., Smaato executives or other department managers), and Smaato employees within or related to the business area for which you have applied.
Furthermore, as applicable, your data may be transferred to the following recipients:
We have internal policies and controls in place designed to ensure that your data is not lost, accidentally destroyed, misused, or disclosed, and is not accessed except by authorized personnel involved in the recruitment process.
Personal data we process to decide on the establishment of a contractual relationship is, in principle, deleted if such processing is no longer required for the decision on the establishment of the employment relationship. The duration of the storage depends on the duration of the decision-making process.
If you have sent us an unsolicited application (i.e., an application that does not relate to a particular position that we have advertised), we will also process your personal data in order to decide on the establishment of a contractual relationship. Subject to Smaato’s other legal bases and statutory requirements for retaining your data, including if you provide your consent, we will delete your data, in principle, if we do not expect that your personal data could be used for the decision on the establishment of a contractual relationship.
In other cases, we will store your personal data longer. For example, data will be stored for as long as the processing of the data is required for Smaato’s establishment, exercise, or defense of legal claims. For EEA applicants’ personal data in this context, the terms of the German General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, Section 15(4), Sentence 1 AGG) and the German Labor Court Act (Arbeitsgerichtsgesetz, Section 61b ArbGG) may have limitation and statutory retention periods that are criteria used to determine our retention period.
If your application for employment is successful, personal data gathered during the recruitment process will be transferred to your Human Resources file (electronic and paper-based) and retained during your employment.
In addition, a longer storage may be prescribed by the European or national legislator in EU regulations, laws, or other regulations to which Smaato is subject.
Smaato is a global company with offices and personnel located around the world. As a result, your personal data may be transferred and processed outside the country or region from where it was originally collected, including in the United States, Singapore, and/or China. When personal data is transferred outside of the EEA, we will take steps to ensure that such transfer is made pursuant to an adequate mechanism.
As a business under the jurisdiction of the U.S. Federal Trade Commission, Smaato has certified with the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from EU member countries and Switzerland. Smaato certifies that it adheres to the Privacy Shield Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Privacy Shield, and to view the list of entities who have current certifications under the Privacy Shield, please visit this page.
If you have any questions or complaints about Smaato’s privacy practices, we encourage you to contact us at [email protected] and we will work with you to resolve your issue. If you are a resident of the EU or Switzerland, you may also contact your appropriate European Data Protection Authority or the Swiss Federal Data Protection and Information Commissioner, respectively, with questions or complaints about our privacy practices. Under certain circumstances, the Privacy Shield provides for the election of binding arbitration for complaints not resolved through other means, more fully described on the Privacy Shield website.
EEA candidates have a number of personal data-related rights, subject to certain limitations and exceptions. These rights include the rights:
Furthermore, without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, if you believe that the processing of personal data relating to you infringes the GDPR. The competent supervisory authority for Smaato in Hamburg is:
Der Hamburgische Beauftragte für Datenschutz und Informationsfreiheit,
Kurt-Schumacher-Allee 4, 20097 Hamburg
The prerequisites of the aforementioned rights are stipulated in the GDPR and the BDSG. If you would like to exercise any of these rights, please contact us at [email protected].
Smaato has appointed ePrivacy GmbH as our external Data Protection Officer to support and ensure Smaato’s adherence to applicable EU data protection laws, including the GDPR.
Should you have any questions related to your candidate information that cannot be addressed by our Human Resources or recruitment teams, please contact ePrivacy GmbH by post to the following address:
External Data Protection Officer – Smaato, Inc.
represented by Prof. Dr. Christoph Bauer
Große Bleichen 21, 20354 Hamburg
You are under no statutory or contractual obligation to provide personal data to Smaato during the recruitment process. However, if you do not provide the information, we may not be able to process your application properly or at all.