1. General and Scope of Application
This privacy notice applies to the processing of personal data in the context of calling up and using the profiles of SMARTCRM GmbH on www.linkedin.com (hereinafter “LinkedIn appearance” or “LinkedIn profile”).
The LinkedIn appearance is made available to SMARTCRM GmbH by LinkedIn Ireland Unlimited Company, Gardner House, Wilton Plaza, Wilton Place, Dublin 2, Ireland (hereinafter “LinkedIn”). SMARTCRM GmbH (hereinafter also “operator”) administers the LinkedIn appearance by means of a corresponding user account.
When the LinkedIn appearance is accessed, so-called insights data (analysis data) are collected. This enables the operator to better understand the performance of the LinkedIn appearance through visitors, updates, followers, and employee advocacy analyses.
When insights data are collected, personal data are also processed. This processing is the joint responsibility of LinkedIn and the operator within the meaning of Article 26 GDPR.
2. Responsible Party
Responsible for the processing of your personal data in the context of the use of the LinkedIn appearance is the operator together with LinkedIn.
The contact details of the operator are:
SMARTCRM GmbH
Represented by the managing director: Ralph Rastert
Georg-Todt-Str. 1
76870 Kandel
Germany
Phone: +49 (0) 7275 – 988660
Fax: +49 (0) 7275 – 9886664
E-mail: info@smartcrm.de
The contact data of LinkedIn are:
LinkedIn Ireland Unlimited Company
Wilton Plaza
Wilton Place, Dublin 2
Ireland
Contact form: https://www.linkedin.com/help/linkedin/ask/ppq
3. Data protection officer
You can reach the operator’s data protection officer at:
MORGENSTERN consecom GmbH
Große Himmelsgasse 1
67346 Speyer
Germany
E-mail: privacy@morgenstern-privacy.com
LinkedIn has also appointed a data protection officer. You can contact their representative at the following URL: https://www.linkedin.com/help/linkedin/ask/TSO-DPO.
4. Degree of responsibility
LinkedIn assumes primary responsibility for the processing of insights data of the operator’s LinkedIn appearance with regard to the fact that there is a legal basis for its processing.
5. Possibility of objection
If you wish to object to the processing of your data by the operator as a whole or for individual measures, you can do so by sending a personal message via the operator’s LinkedIn profile. You can also object to the processing of insights data directly to LinkedIn. You can also object to data processing by LinkedIn by contacting the operator. Your objection will be forwarded to LinkedIn without delay.
Please note that in the event of such an objection the use of the LinkedIn profile and the retrieval of the services and information offered via this will only be possible to a limited extent or not at all.
6. Details on data processing
6.1 General use of LinkedIn
LinkedIn processes your personal data when visiting the LinkedIn site. This includes data such as your IP address, location data, time zone settings, advertising IDs, app and browser versions, and data about your device (system, network type, device ID, screen resolution, operating system, audio settings and connected audio devices). The LinkedIn profiles and pages you access, like messages and other usage data are also processed. If you are logged in with your own LinkedIn account, this data will be assigned to your account.
For more information on the processing of your data via LinkedIn, please see LinkedIn’s privacy policy at: https://www.linkedin.com/legal/privacy-policy
6.2 Page Insights
When calling up and using the LinkedIn profile, statistics on access to the LinkedIn profile are made available with the help of the page insights function and processed by the operator. There is no possibility for the operator to identify you personally or to assign you to your account. This function represents an indispensable part of the usage agreement together with LinkedIn. This means that the operator cannot unilaterally decide whether the page insights are collected or not.
For more information concerning the page insights function and the use of cookies as well as the settings options, please see:
https://www.linkedin.com/help/linkedin/answer/a547077/linkedin-page-analytics-overview?lang=en
https://legal.linkedin.com/pages-joint-controller-addendum
You can also restrict or completely prevent the setting of cookies in your browser settings. In addition, you can also arrange for the automatic deletion of cookies when closing the browser window.
Information on the legal basis and the purpose of processing on the part of LinkedIn as well as the respective storage period can be viewed here:
https://www.linkedin.com/legal/privacy-policy
Insofar as your personal data is processed by the operator by visiting the LinkedIn profile, the admissibility of this processing for the operator is based on Article 6(1)(f) GDPR (legitimate interest). The operator would like to evaluate the anonymized insights data to track the usage behavior on the LinkedIn profile and to optimize the content. The page insights contribute to this.
The insights data collected via the LinkedIn appearance is made available to the operator in anonymized form.
6.3 Communication with the operator
You can contact the operator using direct message, the like function or comments via the operator’s LinkedIn profile. As part of this contact, the operator will be shown the name that is stored in your account as a username.
The admissibility of this processing is based on Article 6(1)(f) GDPR (legitimate interest). Communication with users is important for the operator to answer questions, respond to criticism, build a relationship, and exchange information. Only in this way can the operator improve its services and respond to the needs of its (potential) customers. Communication via social media is an important component here. Direct messages are stored for an unlimited period of time. Comments are also stored indefinitely on the LinkedIn profile and can be viewed by other users. The same applies to the use of the like function.
6.4 Talent search
In addition, you can contact the operator by direct message to submit an application for a job offer or an unsolicited application. In this case, your personal data will be processed in order to carry out the application procedure and to evaluate you in this context. Furthermore, the operator uses your data to communicate with you.
The permissibility is fundamentally based on Section 26 (1) of the German Federal Data Protection Act (BDSG), according to which your personal data may be processed for the purposes of the employment relationship if this is necessary for the decision on the establishment of an employment relationship. You are under the obligation to provide the data required to carry out the application process. Without these data, the operator cannot consider you.
Furthermore, the operator uses LinkedIn Talent Solutions to actively search for suitable candidates for relevant positions and to contact them if necessary.
The permissibility of the processing is based on Article 6(1)(f) GDPR (legitimate interest). The legitimate interest of the operator is the acquisition of suitable personnel and the optimization of the work processes taking place overall, in particular using social networks.
Information such as applicant data, applications, interview feedback, and notes shared with LinkedIn can be deleted at any time at the applicant level.
Further applicant information on the operator’s privacy policy can be found at the following link (German): https://smartcrm.gmbh/bewerberinformation_datenschutz/
7. Recipient
The data collected when calling up and using the LinkedIn appearance and the information you provide when contacting us are transmitted to the LinkedIn servers and stored there. Incidentally, your data can also be viewed by employees of the operator who are involved in the maintenance of the LinkedIn appearance and respond to your messages.
The insights data is partially transmitted to LinkedIn’s servers in the USA and stored there. The transfer of data to a third country, such as the USA, is permitted under the conditions of Article 46 GDPR and based on the standard privacy clauses effectively included in the contractual relationship with LinkedIn. These have been approved by the European Commission and guarantee you adequate protection of your personal data. Further information can be found here: https://www.linkedin.com/legal/l/customer-sccs
8. Storage period
The initial storage of your data for the purposes of the application process takes place upon receipt of the application. The duration is primarily based on the legal storage obligations as well as the legitimate interest of the operator in further storage. Your application documents and data will be stored for 6 months after rejection unless you have given your consent for longer storage.
Data that serve other interaction with the operator via the LinkedIn profile are not stored by SMARTCRM GmbH.
9. Data subject rights
In the context of the use of the LinkedIn profile, you have the right to assert all rights described under this chapter both against LinkedIn and against the operator. Within the framework of the agreement that exists between the operator and LinkedIn, and to the extent that LinkedIn alone is required to comply with your data subject rights, the operator will immediately forward your request to LinkedIn.
You have a right to information (Article 15 GDPR), correction (Article 16 GDPR), deletion (Article 17 GDPR), restriction of processing (Article 18 GDPR), and data transfer (Article 20 GDPR). The operator is committed to process requests quickly.
If your personal data is processed based on Article 6(1)(f) GDPR, you have the right to object, insofar as there are reasons for this that arise from your particular situation, or the objection is directed against direct advertising (Article 21 GDPR). If you object to direct advertising, the operator will no longer send you promotional messages.
Any consent given for the processing of personal data can be revoked at any time with effect for the future. However, the lawfulness of the processing until the revocation remains unaffected.
You have the right to lodge a complaint with a supervisory authority at any time (Article 77 GDPR).
