I. Identity of the controller
Kinvolk GmbH Adalbertstr. 6a 10999 Berlin Germany Email: [email protected]
II. Purposes of processing, its legal basis and the period for which the data will be stored
1. General use of the Sites
Generally, we do not store personal data while you use our Sites with the exception that our webserver registers all connections to the Sites automatically and collects the following technical information about your visit:
- IP address;
- Name of the files accessed;
- Information about the transmission;
- Date and time of the connection;
- Amount of data transmitted;
- Operating system and
- Web browser/user agent.
We process this data to establish a connection to your device over the Internet. We store the aforementioned data in log files in order to ensure the security and integrity of our IT systems. The respective purposes of the processing also constitute our legitimate interests we pursue with it (Art. 6 par. 1 lit. f) GDPR).
2. Flatcar Container Linux
We operate the Flatcar Container Linux project, a Linux distribution designed for container workloads supported by us, and a service providing operating system updates. In this context, we collect IP addresses and certain telemetry data [especially: ip addresses] in order to perform the contract with you providing the updates for our operating system, and to help us better understand usage patterns (e.g. how many users are running which version). The processing for such purposes is based on Art. 6 par. 1 lit. b) GDPR. We retain the respective data for 180 days and delete them thereafter.
You can contact us, for example, by writing an email. In such case, we will process the personal data you provide us with in order to answer your request. This may include especially your name, email address, subject of your message and the message itself. We will retain your messages until we have fulfilled your request. Afterwards, we will delete it immediately. The processing for such purposes is based on Art. 6 par. 1 lit. f) GDPR, while the purposes of the processing also constitute our legitimate interests we pursue with it.
If you apply for a position at Kinvolk, we will process your personal data the application procedure based on Sec. 26 par. 1 BDSG (Bundesdatenschutzgesetz, German Federal Data Protection Act). If your application is not successful, we will retain your personal data for additional 6 months, beginning at the end of the month in which we decide on your application. During this time, we will use your data to defend ourselves against claims based on the anti-discrimination law (Allgemeines Gleichbehandlungsgesetz, AGG) and delete it thereafter. The legal basis for such processing is Art. 6 par. 1 lit. c) GDPR. For the operation of our application portal we use the tool Personio by Personio GmbH, Buttermelcherstr. 16, 80469 Munich, Germany (“Personio”). Personio stores and processes your data as an applicant on our behalf for the purpose of HR administration and applicant management. Therefore, we have concluded a data processing agreement with Personio GmbH in accordance with the legal requirements. In addition, Personio processes certain personal data as a controller in the technical provision of the application portal. You can find further information at: https://kinvolk-jobs.personio.de/privacy-policy .
5. Legal obligations to retain documents
We have the statutory obligation to retain certain documents according to Sec. 257 HGB (German Commercial Code) and Sec. 147 AO (Fiscal Code of Germany) as well as social security laws and employment laws. These documents may also include personal data. Specifically, these are:
Accounts and records, inventories, annual financial statements, single fiscal statements according to Sec. 325 par. 2a HGB, group fiscal statements, situation reports, group situation reports the opening balance sheet as well as the operating instructions and other organizational documents needed for their comprehension, accounting records, documents pursuant to Article 15(1) and Article 163 of the Union Customs Code.
These documents have to be retained for a period of 10 years.
Trade or business letters received, reproductions of trade or business letters sent, other documents to the extent that these are of relevance for taxation.
These documents have to be retained for a period of 6 years
The respective storage period shall begin upon the end of the calendar year in which the last entry was made in the accounts, the inventory, the opening balance sheet, the annual financial statement or the situation report drawn up, the trade or business letter received or sent, the accounting record created, the record made or the other documents created. The legal basis for such processing is Art. 6 par. 1 lit. c) GDPR.
III. Recipients and transfers to third countries
If we are not able to provide services ourselves, we use external service providers. These service providers are primarily providers of IT services, such as our web host, e-mail provider or telecommunications provider.
IV. Rights of the data subject
If the respective requirements are met, the GDPR grants you certain rights as a data subject.
Art. 15 GDPR – Right of access: You shall have the right to obtain from us confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, access to the personal data and certain information.
Art. 16 GDPR – Right to rectification: You shall have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
Art. 17 GDPR – Right to erasure: You shall have the right to obtain from us the erasure of personal data concerning you without undue delay.
Art. 18 GDPR – Right to restriction of processing: You shall have the right to obtain from us the restriction of processing.
Art. 20 GDPR – Right to data portability: You shall have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you shall have the right to transmit those data to another controller without hindrance from us. You shall also have the right to have the personal data transmitted directly from us to another controller, where technically feasible.
Art. 77 GDPR – 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 habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
V. Especially right to object and withdrawal of consent
Art. 21 GDPR – Right to Object: You shall have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you, which is based on legitimate interests or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
In such case, we shall no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing, which override your interests, rights and freedoms or where the processing is necessary for the establishment, exercise or defence of legal claims.
Where personal data are processed for direct marketing purposes, you shall have the right to object at any time for such marketing, which includes profiling to the extent that it is related to such direct marketing.
If you wish to object to any processing of data, you may send us an email to one of our aforementioned email addresses.
Art. 7 par. 3 GDPR – Withdrawal of Consent: If you have given us your consent, you have the right to withdraw your consent at any time. In case of withdrawal, all data processing based on your consent before your withdrawal will remain lawful.
VI. Obligation to provide us with personal data
You have no statutory or contractual obligation to provide us with any personal data. However, we may not be able to provide you with our services if you decide not to do so.
VII. Existence of automated individual decision-making, including profiling
We do not use automated individual decision-making, including profiling pursuant to Art. 22 GDPR, which produces legal effects concerning you or similarly significantly affects you.
VIII. Internet specific processing or use of personal data
If you wish to prevent us from storing cookies on your device, your web browser or device may provide you with settings to do so. You may find an instruction on how to change your settings in the help section of your browser or device. The respective settings only apply to the device you are currently using. If you use another device, change your web browser or reinstall your browser you may have to change the respective settings again. Please, be aware that not accepting cookies may lead to you not being able to use our Sites and all its functions.
2. Google Analytics
We use Google Analytics, operated by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, subsidiary of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, hereinafter referred to as “Google”, to collect information about how users use our Sites.
This information also includes your IP address. However, as IP-anonymization is activated, your IP address will be truncated and therefore anonymized on systems within the European Union/European Economic Area and as soon as technically feasible. Only in exceptional cases, the full IP address will be transferred to a Google server in the United States, and then shortened. Therefore, the information generated by the cookie about your use of the Sites can be transmitted to and stored by Google or one of its affiliates on servers in the United States. However, Google is certified under the EU-US-Privacy Shield. Through certification according to the EU-US Privacy Shield Google guarantees that an adequate level of protection is ensured when processing data in the United States. The certificate is available at: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active .
You can also opt-out by downloading and installing ‘Google Analytics Opt-out Browser Add-on’ for your current web browser: http://tools.google.com/dlpage/gaoptout?hl=en
Our processing is based on Art. 6 par. 1 lit. f) GDPR. The aforementioned purposes constitute also the legitimate interests we pursue with it. The collected data is stored for 50 months. Further information on how Google processes personal data is available at: www.google.com/analytics/terms/de.html ; https://policies.google.com/?hl=en .
We use the function GA Audiences. With this function enabled, Google will create so called audiences, which means that it categorizes our users in separate groups such as sites you were interested in, your country or region, used devices or similar. With this data we are able to gain more insight in our visitors. However, we cannot and will not relate such data to a specific person but only process it in an aggregated form.
3. Google Marketing Platform (formerly DoubleClick)
Due to the technology used, your browser automatically establishes a direct connection with the Google server. We have no influence on the extent and further use of the data collected by Google through the use of this tool and therefore inform you according to our state of knowledge: Through the integration of DoubleClick, Google receives the information that you have visited the corresponding pages of our website or clicked on an advertisement from us. If you are registered with a Google service, Google can assign the visit to your account. Even if you are not registered with Google or have not logged in, there is a possibility that the provider will collect and store your IP address.
Further information on data protection and cookies set by Google can be found in the Google data protection declaration: https://policies.google.com/privacy?hl=de .
Please note that if you do so, you may not be able to use the full functionality of this website.
Alternatively, you can disable the DoubleClick cookies on the following page: http://www.youronlinechoices.com/de/praferenzmanagement/ .
4. Google Fonts
Our Sites use the service Google Fonts by Google to display optimized external fonts.
When you access our Sites, a connection to Google is established from which Google can identify the websites from which the request has been sent and to which IP address the fonts are being transmitted for display. Google Fonts does not set any cookies and your requests for fonts are separate from and do not contain any credentials you send to google.com while using other Google services that are authenticated, such as Gmail.
The legal basis for the processing of the data mentioned above is Art. 6 par. 1 lit. f) GDPR. The purpose of the processing also constitutes the legitimate interest to provide you with optimized fonts.
5. Awesome Fonts
We use the service Awesome Fonts, provided by Fonticons, Inc., for the uniform display of fonts. When you visit a website, your browser caches the required web fonts to display text and fonts correctly. If your browser does not support web fonts, a standard font is used by your computer.
For this purpose, the browser you use must connect to the servers of Fonticons, Inc. This allows Fonticons, Inc. to know that your IP address has been used to access our website. The use of web fonts is in the interest of a uniform and attractive presentation of our online offers. This represents a legitimate interest in the sense of Art. 6 par. 1 lit. f) DSGVO.
You can find further information about Font Awesome at https://fontawesome.com/help
6. Social Networks
We have profiles on social networks. Our social media accounts complement our Sites and provide you with the opportunity to interact with us. As soon as you access our social media profiles in the social networks, the terms and conditions and the data processing policies of the respective operators apply.
New Work SE, Dammtorstraße 30, 20354 Hamburg, Deutschland.
We process personal data as a controller, when you send us requests via the social media accounts. We process this data to answer your requests which also constitutes our legitimate interest (Art. 6 par. 1 lit. f) GDPR).
In addition, we are jointly responsible as joint controllers with the following networks and for the following processing operations (Art. 26 GDPR):
When you use our profiles in the networks Facebook, Instagram and LinkedIn, the respective network collects aggregated statistics (“Insights data”) that are created from certain events logged by their servers when you interact with our profiles and the content associated with them. We receive these aggregated and anonymous statistics from the networks about the use of our respective profile. We are not able to associate the data with specific users. To a certain extent, we can control the criteria by which the respective network creates these statistics for us. We use these statistics to make our service more interesting and informative for you. This also constitutes our legitimate interest (Art. 6 par. 1 lit. f) GDPR) for the collection of data carried out by the respective social network to provide us with statistics.
Further information on this data processing is available in the respective Joint Controller Addendum at:
Facebook / Instagram: https://www.facebook.com/legal/terms/page_controller_addendum
Berlin, February 2020