NewStore Privacy Notice for Applicants

This Job Applicant Privacy Policy (“Policy”) describes how NewStore along with its affiliates and subsidiaries worldwide (“NewStore”, “we”, “us” and “our”) collects, uses, and discloses information about individuals who apply for open positions at NewStore (“Job Applicants”). NewStore processed your information in accordance with applicable data protection laws, including the European General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), and the California Consumer Privacy Act (CCPA).

NewStore is the data controller of your information. Please see the end of this Policy for our contact details.

We may also provide you additional privacy notices regarding our collection, use or disclosure of information. Please read this Policy and any other privacy notices carefully. Please note that this Policy does not form part of any employment contract or contract to provide services.
We may update this Notice from time to time, for example if we implement new systems or processes that involve the use of personal data. We will update you when we make changes to this Notice.

This Notice does not apply to our handling of data gathered about you in your role as a user of the NewStore’s services. When you interact with us as in that role, the Privacy Policy associated with the relevant service applies.

Categories of Personal Data NewStore Collects and Handles

We collect, store, and use various types of personal data (i.e., information that identifies, relates to, or could reasonably be linked to you) in connection with your application for employment with us. We collect such information either directly from you or (where applicable) from another person or entity, such as professional networking websites, job posting websites, employment agencies, recruitment companies, or others who provide references. We may collect additional Personal data throughout the course of your application process.

The information we collect from and about Job Applicants includes, where applicable:

• Identifiers such as full name and alias; home and business addresses, telephone numbers, and email addresses; and, if provided an offer, identifiers related to your citizenship documents, such as driver’s license or passport number.
• Professional or employment-related information, including:
  • Recruitment, employment, or engagement information such as application forms and information included in a resume, cover letter, or otherwise provided through the application and recruitment process; citizenship and/or immigration status; our evaluations of your performance during the interview process; and if provided an offer, background screening results (including any criminal convictions), citizenship documents, and references.
  • Career information such as job titles; work history; salaries; work dates and work locations; information about skills, qualifications, experience, publications, speaking engagements; and professional memberships.
  • Expense information such as expenses incurred during the interview process.
  • Other information that you may voluntarily choose to include on your resume or in connection with your application, a survey, or otherwise.
• Education information such as institutions attended, degrees, academic record, licenses, and professional memberships.
• Audio or visual information such as CCTV footage, as well as other information relating to the security of our premises collected during in-person interviews or other parts of the recruitment process; and video or audio recordings of the interview process.
• Internet and electronic network, and device activity and device information and related identifiers, such as information about your use of our network while you are on NewStore premises, including IP address and device identifiers and attributes.
• Health-related information, only as necessary to provide necessary accommodations at your request during the recruitment process.
• Other information that directly or indirectly identifies you, such as date and place of birth, citizenship, and permanent residence.

We collect, store, and use various types of information during your relevant engagement or employment with us. In most cases, we collect such information directly from you. At times or where applicable, NewStore may also receive personal data from another person or entity, such as an employment agency or consultancy, background check provider (where permitted, such as the United States), a prior employer or other referral sources, or professional websites such as LinkedIn.

We only collect sensitive personal data (also known as special category data in jurisdictions such as the European Economic Area (“EEA”) or UK), where you provide it voluntarily on your resume or in your application, or as needed to confirm your identity or immigration status. However, we do not use any such sensitive information for purposes other than processing your application for employment and evaluating your candidacy.

Why Does NewStore Need to Collect and Process My Personal Data?

We may collect, use, disclose, and store personal data for our business purposes, which include, where applicable:

• Engaging in the recruitment process, including communicating with you, interviewing, and selecting and hiring new personnel.
• HR management and administration, including determining compensation, scheduling, IT and informational security purposes, and conducting internal analyses and audits.
• Security operations, , including detecting security incidents, debugging and repairing errors, and preventing unauthorized access to our computer and electronic communications systems and preventing malicious software distribution; monitoring and controlling access to company premises and locations (including through use of CCTV); and safeguarding the Company and its locations, services, and employees.
• Legal compliance, such as complying with applicable laws, and responding to and cooperating with legal or regulatory requests and investigations.
• Exercising our legal rights, including seeking legal advice from our external lawyers or in connection with litigation with a third party.

We may also use personal data for any other legally permitted purpose (subject to your consent, where legally required).

Some jurisdictions require us to inform you of the “legal bases” on which we process your personal data. We process your personal data for the following legal bases:

• In our legitimate business interests, such as where we need to process personal data for security (e.g. operation of video cameras, access controls, locks) and administrative purposes.
• To fulfill pre-contractual obligations, we will process the data provided by for the purpose of evaluating professional suitability and for contacting you. The processing occurs in order to establish an employment relationship within the scope of implementing the pre-contractual measures taken in response to your application.
• When applicable legal obligations require us to process personal data for certain purposes, such as tax law obligations in connection with reimbursement of your travel expenses.
• Where you have given your consent, where legally permissible, for certain personal data processing activities.

With Whom Might NewStore Share Personal data?

We may disclose certain personal data to the following types of entities or in the following circumstances (where applicable):

• Internally: to employees within NewStore that participate in the recruitment process, such as HR managers and employee interviewers.
• Vendors: such as background check companies, security providers, information technology providers, and employment businesses (e.g., recruiting contractors or agency workers) that provide us with services relevant to recruiting and hiring.
• Recruiters: to the extent you are working with a recruiter in connection with your application for employment and your recruiter is authorized by you to obtain feedback from us regarding your application and interview process.
• Legal compliance and exercising legal rights: when required to do so by law, regulation, or court order or in response to a request for assistance by the police or other law enforcement agency; and to seek legal advice from our external lawyers or in connection with litigation with a third party.
• Business transaction purposes: in connection with the sale, purchase, or merger of all or a portion of NewStore.
• Consent: with your consent and as permitted by law, we may disclose personal data to any other parties in any other circumstances.

International Transfers

Some of the recipients we may share personal data with may be located in different jurisdictions. In some cases, this may include countries located outside the EEA and UK, including in jurisdictions that the EEA and UK have not recognized as providing an adequate level of protection. In those cases, we make the transfers in compliance with applicable law, typically in reliance on the Standard Contractual Clauses approved by the European Commission.

How Long Will NewStore Keep Personal Data For?

The personal data we collect from Job Applicants will be retained for as long as necessary to satisfy the purposes for which it was collected and our legal obligations. As described above, these purposes include our business operations and complying with reporting, legal and accounting obligations. In determining how long to retain information, we consider the amount, nature and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the personal data, the purposes for which we process the personal data and whether we can achieve those purposes in other ways, the applicable legal requirements, and our legitimate interests. If your application is rejected, it will be deleted twelve months after notification of this decision. If an employment relationship is established, the application documents will be stored at least for the duration of the employment.

Your Rights

You have a number of rights in relation to your personal data. These can differ depending on the jurisdiction and there are typically subject to important exceptions, but, where they apply, they can be summarized in broad terms as follows:

• Right of access.:You may have the right to confirm with us whether your personal data is processed, and if it is, to request access to that personal data including the categories of personal data processed, the purpose of the processing and the recipients or categories of recipients, and other information about the processing. We do have to take into account the interests of others though, so this is not an absolute right, and in some cases permitted by law we may need to deny your request.
• Right to rectification.: You may have the right to rectify inaccurate or incomplete personal data concerning you.
• Right to erasure.: You may have the right to ask us to erase certain personal data concerning you.
• Right to restriction of processing.: In limited circumstances, you may have the right to request that we restrict processing of your personal data.
• Right to data portability.: For certain personal data you have provided to us, you may have a right to receive it in a commonly used and machine-readable format, and you may have the right to have the data transmitted to another entity.
• Right to object and rights relating to automated decision-making.: You may have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data, including profiling, by us and we can be required to no longer process your personal data. This may include requesting human intervention in relation to an automated decision so that you can express your view and to contest the decision.
• Right to withdraw consent.: If we process your personal data on the basis of your consent, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

To exercise any of these rights, please contact us as described below. We also will take reasonable steps to verify your identity before responding to a request. If we are unable to verify you through this method, we shall have the right, but not the obligation, to request additional information from you. You also have the right to lodge a complaint with the competent data protection supervisory authority, which will depend on which country you are located in.

Note to California employees. California law places certain obligations on businesses that “sell” personal data to third parties or “share” personal data with third parties for cross-context behavioral advertising as those terms are defined under the California Consumer Privacy Act (“CCPA”). We do not “sell” or “share” the personal data covered by this Policy and have not done so in the twelve months prior to the effective date of this Policy. California law also provides the right to limit the use of your sensitive personal data if such data is used for certain purposes. However, we do not use your sensitive personal data for any purposes for which the right to limit applies.

How to Contact Us.

For general questions about this Notice, please contact us at: privacy@newstore.com.

The controller in the sense of the GDPR is:
NewStore GmbH
Represented by its finance director Patrick Gruessing
Address: NewStore GmbH | Potsdamer Str. 7 | 10785 Berlin
Phone: 030 577049290
E-mail: jobs@newstore.com

You can reach our external data protection officer at:
Data Protection Officer of NewStore GmbH
c/o activeMind AG
Management and Technology Consulting
Address: activeMind AG | Kurfürstendamm 56 | 10707 Berlin
Phone: 030 770191070
E-mail: datenschutz@newstore.com