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privacy policy

According to Art. 13 and 14 of Regulation (EU) 2016/679 (General Data Protection Regulation; "GDPR"), the controller must inform the data subject about the processing of personal data. With this document we inform you about the processed personal data. 

  1. Definitions

To make this privacy policy easier to understand, you will find a brief explanation of the terms used below.

  • Personal data ("data") is all data that contains information about personal or factual circumstances of natural persons, such as name, address, email address, telephone number, date of birth, age, gender, national insurance number, video recordings, photos, etc. Data of legal entities are not subject to the provisions of the GDPR.
  • Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
  • The controller is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
  • Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
  • Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not.
  1. Our contact details

If you have any further questions, please do not hesitate to contact us using the following contact details:

JOBN GmbH
Sillgasse 8a, 6020 Innsbruck
Phone: 0043 660 1413360
E-Mail: This email address is being protected from spambots. You need JavaScript enabled to view it. 

  1. Purposes and legal basis of processing
  • Data may only be processed for a specific purpose and only if the processing can be based on a corresponding legal basis. Processing may be justified on the following grounds:

Legal fulfilment

Legal basis

on the basis of your voluntary consent for a specific purpose

Art 6 para 1 lit a

to fulfil a contract if you are a contractual partner or to initiate the conclusion of a contract if the processing is based on your request

Art 6 para 1 lit b

due to a legal obligation to which we are subject

Art 6 para 1 lit c

to protect your vital interests or to protect the vital interests of another person

Art 6 para 1 lit d

for the performance of a task carried out in the public interest or in the exercise of official authority vested in us

Art 6 para 1 lit e

on the basis of a balancing of interests between our interest or the interest of a third party in the processing on the one hand and your interest or your fundamental rights and freedoms on the other hand

Art 6 para 1 lit f

  • The processing of sensitive data ("special categories"), such as health data or data on political opinions, is only permitted on the basis of Art. 9 (2) GDPR.

  • We process your data for the following purposes on the basis of the following legal bases:

 

Collected data categories

Purpose of the processing

Legal basis

Contact details

(Name, e-mail address)

This data is required for the voluntary creation of an account.

Art 6 para 1 lit a GDPR

Technical information (IP address, operating system timestamp)

This data is required so that the website opened via your initiative and any web shop using an eCommerce system can be displayed to you in the correct form.

Art 6 para 1 lit f GDPR

Information on a user profile

(Contact details, "About me", industries, availability, training, place of work, benefits, telephone number, photo if applicable)

This data can be provided voluntarily. Any mandatory fields on the profile are required for contract initiation and fulfilment.

Art 6 para 1 lit a and lit b GDPR

Information on a user profile

(Contact details, "About me", industries, availability, training, place of work, benefits, telephone number, photo if applicable)

In order to initiate employment relationships, we transmit your data to potential employers or potential candidates if you give your consent

Art 6 para 1 lit a GDPR

Payment

information

The payment information is required to process the payment on our website/app in order to fulfil the contract.

Art 6 para 1 lit b GDPR

  1. Receive
  • Recipients support us in complying with statutory or legal obligations, in the initiation and fulfilment of contracts, in services that require your consent or in the performance of processing operations that are in our legitimate interest, such as marketing measures in particular. We transmit or disclose some of the data to the following recipients (processors or controllers) in particular:

 

Categories of recipients

Description of the

IT service provider

Operation of our IT system, in particular e-mail services, hosting services, etc.

Subcontractor

If and insofar as services are not provided by us and a justification exists

Tax consultant, accountant

Processing of data for tax or accounting reasons

Lawyer, court

If necessary for the enforcement or defence of claims

Employers/candidates

For the purpose of initiating employment contracts, we transmit your contact details to potential employers or potential candidates if you consent to this.

Stripe (Stripe Payments Europe, Limited and Stripe Technology Europe, Limited)

We use Stripe as an additional recipient and service provider for payment processing. Data processing is subject to Stripe's privacy policy, which can be found at https://link.com/en-at/privacy can be accessed. The legal basis for the processing is our legitimate interest in the processing pursuant to Art. 6 para. 1 lit. f GDPR and the payment processing is necessary for the fulfilment of the contract pursuant to Art. 6 para. 1 lit. b GDPR.

 

  • There is no intention to transfer the data to an international organisation or third countries.
  1. Storage duration
  • In principle, data is only stored for as long as is necessary due to statutory retention obligations. In addition, data may be stored if this is necessary for the enforcement of or defence against third-party claims. Important retention periods are listed below:

Obligation to store

Expected storage period

Retention obligation under company law pursuant to Sections 190, 212 UGB

7 years

Obligation under VAT law to retain invoices in accordance with Section 11 (2) 3rd subparagraph UStG

7 years

Obligations under VAT law to retain export documents in accordance with Section 7 (7) UStG

7 years

Warranty according to § 933 ABGB

2 years

Purchase price claim for movable property in accordance with § 1062 in conjunction with § 1486 ABGB

3 years

Claims arising from a contract for work in accordance with Section 1486 ABGB (if the service was provided as part of a commercial or other business operation)

3 years

General damages according to § 1489 ABGB (compensation claims)

3 years/30 years

Liability claims according to § 13 PHG

10 years

  1. Google services

6.1. General information

6.1.1. The provider of the following services is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland. You can find Google's privacy policy here.

6.1.2. However, some services (such as Google Search or Google Maps) are provided by or transmitted to the following company: Google LLC, 1600 Amphitheatre Pkwy, Mountain View, California 94043-1351, USA Google LLC is based in a third country. In its decision of 10.07.2023 on C(2023) 4745 final, the European Commission decided that the United States of America offers an adequate level of data protection within the meaning of Art 45 GDPR if our contractual partner is registered in the list of the EU/US data protection framework. Google LLC is registered in the list, so that the data transfer to the USA is compliant with data protection within the meaning of Art 45 GDPR. Further information on the certification of Google LLC can be found here.

6.1.3. For the use of Google services and the setting of the necessary cookies, your consent within the meaning of Art. 6 para. 1 lit a GDPR or § 165 para. 3 TKG is obtained prior to processing. Your consent can be freely revoked at any time.

6.1.4. Prior consent is only not obtained for cookies if the sole purpose is to transmit a message or if this is absolutely necessary so that we can provide you with a service that you have expressly requested. Some Google services use cookies. An overview of the cookies used, their purpose and storage duration can be found in our cookie policy or in the cookie section of this privacy policy. Based on the judgment of the ECJ Planet49 GmbH, consent is obtained for cookies even if the cookies are not personal.

6.1.4. Prior consent is only not obtained for cookies if the sole purpose is to transmit a message or if this is absolutely necessary so that we can provide you with a service that you have expressly requested.

6.2. Google Analytics 4

6.2.1. Google Analytics is a service for the collection, compilation and evaluation of data on the behavior of visitors to websites. Google uses the data and information obtained to analyze the use of our website, among other things.

6.2.2. By setting the cookie, Google and we are enabled to analyze the use of our website. This cookie causes your internet browser to transmit data to Google for the purpose of online analysis. As part of this technical process, Google gains knowledge of the data subject, the origin of visitors and clicks in order to compile statistics, determine personal interests and enable commission settlements.

6.2.3. Google Analytics 4 does not store IP addresses of visitors to our website. However, Analytics provides rough geographic location data by deriving the following metadata from IP addresses: City (and the derived latitude and longitude of the city), continent, country, region, subcontinent (and ID-based counterparts). The IP address data is used exclusively to derive geolocation data and is then immediately discarded. It is not logged, is not accessible and is not used for any other purpose.

6.2.4. In addition, we have configured Google Analytics 4 in accordance with data protection regulations so that Google Signals data is deactivated and no detailed location and device data is collected.

6.2.5. User and event data are stored for a period of 3 months if no new activity takes place within this period. If a new activity takes place within this period, the storage period begins anew.

6.2.6. Further information on Google Analytics 4 can be found here.

6.3. Firebase

6.3.1. Firebase is a development platform for collecting, collating and analysing data about the use of our offering and the technical performance of our offering. In particular, Firebase is used to record app performance and app functionality.

6.3.2. The events shown here are recorded and analysed via Firebase. Further information on the processed data can be found here.

6.3.3. We have concluded an order processing agreement with the provider of Firebase, which you can view here.

7.0 Sentry

7.1 The provider of the service is Functional Software, Inc, 45 Fremont Street, 8th Floor, San Francisco, CA 94105. You can find Sentry.io's privacy policy here. Sentry.io is registered in the list https://www.dataprivacyframework.gov/list at the EU-US Privacy Framework.

7.2 Sentry processes the following data: [XXXX].

7.3 For the use of Sentry.io services, your consent within the meaning of Art 6 para 1 lit a GDPR will be obtained prior to processing. Your consent can be freely revoked at any time.

  1. Legal information
  • Right to information

You have the right to request confirmation as to whether personal data is being processed; if this is the case, you have a right to information about this personal data. The following information is included: the processing purposes; the categories of personal data; the recipients or categories of recipients; if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration; the existence of a right to rectification or erasure of the personal data concerned or to restriction of processing by the controller or a right to object to this processing; the existence of a right of appeal to a supervisory authority; all available information on the origin of the data; the existence of automated decision-making including profiling.

  • Right to rectification

You have the right to obtain from the controller the rectification of inaccurate personal data and the completion of incomplete personal data.

  • Right to cancellation

You have the right to obtain from the controller the erasure of personal data without undue delay where one of the following grounds applies: The personal data are no longer necessary in relation to the purposes for which they were collected. You withdraw your consent on which the processing was based and there is no other legal basis for the processing. You object to the processing (Art. 21 (1) GDPR) and there are no legitimate grounds for the processing or you object to the processing pursuant to Art. 21 (2) GDPR. The personal data was processed unlawfully. The deletion of the personal data is necessary to fulfil a legal obligation The personal data have been collected in relation to the offer of information society services referred to in Article 8(1). The right to erasure does not exist if the processing is necessary for exercising the right of freedom of expression and information; for compliance with a legal obligation; for the performance of a task carried out in the public interest; for reasons of public interest in the area of public health; for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes for the establishment, exercise or defence of legal claims.

  • Right to restriction of processing

You have the right to demand the restriction of processing if one of the following conditions is met: the accuracy of the personal data is contested, for a period enabling the controller to verify the accuracy of the personal data; the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead; the controller no longer needs the personal data, but they are required by you for the establishment, exercise or defence of legal claims; you have objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override your grounds.

Where processing has been restricted, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest.

  • Right to data portability

You have the right to receive the personal data that you have provided to a controller in a structured, commonly used and machine-readable format and you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent or on a contract and the processing is carried out by automated means.

In exercising your right to data portability, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible.

  • Right of objection

You 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 point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.

  • Right to withdraw consent

You have the right to withdraw consent based on Art. 6 (1) (a) or Art. 9 (2) (a) at any time without affecting the lawfulness of processing up to the point of withdrawal.

  • Right of appeal

You have the right to lodge a complaint with the Austrian Data Protection Authority, Barichgasse 40-42, 1030 Vienna, T.: 00431521522569, E.: This email address is being protected from spambots. You need JavaScript enabled to view it., if you are of the opinion that the processing violates the applicable data protection law.

  1. Other information
  • The provision of personal data is partly required by law or necessary for the conclusion of a contract. In principle, you are not obliged to provide the data. If you do not provide the data, it is not possible to conclude a contract.

  • There is no automated decision-making including profiling in accordance with Article 22(1) and (4).