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Processing of (personal) data by the entity in charge of the online application process

Momenta Recruitment Privacy Policy

Last updated: 07.12.2021


Welcome to the official website of Momenta! Momenta Group appreciates your attention and interest in its open positions. Momenta Group is sincerely eager to have you join us!


Momenta Group and its affiliated companies operated globally (mainly including Momenta USA Inc., Momenta Europe GmbH and Beijing Momenta Technology Company Limited) (hereinafter referred to as “We”) respect candidates’ right to privacy and values the protection of your Personal Data. The Momenta Recruitment Privacy Policy (hereinafter referred to as “Recruitment Privacy Policy”) explains how we collect, use and protect your Personal Data and how you can exercise your rights to Personal Data protection when you access our Momenta Website (https://www.momenta.ai) to apply for our global open positions.


For the avoidance of doubt, this Recruitment Privacy Policy applies only to the recruitment activities of Momenta Group. For information about Momenta's practices regarding processing Personal Data in the context of offering products or services, please refer to the privacy policy or other equivalents that we provide to you separately. The recruitment function of Momenta Website is only available to natural individuals over the age of 18. If you are under 18, please do not provide us with your Personal Data through the website.


“Personal Data” herein refer to all kinds of information recorded electronically or otherwise that can identify a specific natural person or reflect the activities of a specific natural person either alone or in combination with other information, including the natural person’s name, identity document number, contact address, residential address, account information, property, education, work experience, family information, etc. Personal Data includes the sensitive Personal Data specified in applicable laws and regulations.


If you have any questions about this Recruitment Privacy Policy, please contact us using the contact details provided at the bottom of this Recruitment Privacy Policy.


    


This Recruitment Privacy Policy informs you of the following information:

  1. How do we collect and use your Personal Data
  2. How do we share and entrust the processing of your  Personal Data
  3. How do we protect your Personal Data
  4. How do we store your Personal Data
  5. Lawful basis for processing Personal Data
  6. Your rights
  7. How do we update this Recruitment Privacy Policy
  8. How to contact us

How do we collect and use your Personal Data

Basic Personal Data. In order to apply for a position, you need to provide basic Personal Data including name, email address, and mobile phone number, which is collected to identify and contact you. If you refuse to provide such information, you will not be able to complete the application process.

Resume/CV. You need to upload your cover letter and resume/CV which may contain your Personal Data such as your name, gender, birthday, nationality, age, education, work experience, contact information (mobile phone number, email), skills qualification, profile picture, city or region. You may also voluntarily provide us with your LinkedIn profile link and a link to your personal website so that we can learn more about your professional background. This information is collected for the purpose of reviewing your information and advancing the recruitment process, and if you refuse to provide such information, you will not be able to complete your application for the position.


Online interview data. Qualified candidates will be invited to interview through VooV Meeting, etc.. During the online interview, we will collect and save your images, audio and video recordings, mainly for holding candidate interviews, meetings and the purposes of assessing your position competency. If you refuse to allow us to collect such data, it may affect facilitating your interview and recruitment process.


Other supporting materials. As the recruitment process progresses, depending on the needs of different open positions and the requirements of the laws and regulations in different jurisdictions where our offices locate, we may ask you to further provide other supporting materials (e.g., academic and vocational skills certificates, social security payment records, bank statements, contact information of references for previous work experience, occupational health certificates, etc.) to verify your career and background information and to confirm the requirements of the position applied.


If you provide us with any Personal Data of any data subject other than yourself, please draw their attention to this Recruitment Privacy Policy. You hereby confirm that you have obtained their consent before providing us with such Personal Data, or that you meet the conditions required by the other lawful basis for processing Personal Data (in lieu of the aforementioned consent). By submitting such information to us, you represent that you have the right to provide, and we have the right to process, the relevant Personal Data for the purposes described in this Recruitment Privacy Policy.


In general, we will only use your Personal Data for the purposes described in this Recruitment Privacy Policy or for the purposes explained to you at the time we collect the relevant Personal Data. However, if permitted by applicable laws and regulations, we may also process Personal Data for other purposes that are not inconsistent with the purposes disclosed to you.


How do we share and entrust the processing of your Personal Data

In order to improve the efficiency of information processing, we may engage third parties (such as those who assist us in developing and operating the Momenta Website) to process your Personal Data on our behalf. We will enter into strict confidentiality agreements with such third parties and require them to process Personal Data in accordance with our requirements, this Recruitment Privacy Policy, and the confidentiality and security measures required by applicable laws and regulations.


We may share your Personal Data with third parties in the following circumstances:

In the event of any change, merger, acquisition, reorganization, or liquidation involving the transfer of Personal Data, we will ask the new company or organization holding your Personal Data to continue to process your Personal Data in accordance with this Recruitment Privacy Policy. If the new company or organization holding your Personal Data needs to use your Personal Data for purposes not stated in this Recruitment Privacy Policy, the new company or organization will obtain your consent, unless otherwise provided by the applicable laws and regulations.

To relevant competent law enforcement body, regulatory, government agency, court or other third party where we believe that such disclosure is to (1) comply with an applicable law or regulation; (2) exercise, establish or defend our legal rights, or (3) protect your vital interests or those of any other person.


Prior to sharing, we may separately inform you of the names of the third parties, their contact information, the purpose and manner of processing and the types of Personal Data, and obtain your consent (or complete any formality as required by other lawful basis) where required by applicable laws and regulations.


How do we protect your Personal Data

We use appropriate technical and organizational measures to protect your Personal Data that we collect and process. The measures we use are designed to provide a level of security appropriate to the risk of processing your Personal Data. Please be aware and understand that we cannot ensure an absolute secure network. If you find that your Personal Data are breached, please contact us using the contact details provided in “How to contact us” immediately so that we can take corresponding measures.


In the event of any accident, force majeure event or other circumstances leading to the breach of your Personal Data, we will make every effort to control the situation and promptly inform you of the cause, the security measures we have taken and you can take and other relevant information. In the event of a security incident related to Personal Data, we will report to the competent authorities in accordance with the requirements of applicable laws and regulations, promptly investigate the problem, and take emergency measures.


How do we store your Personal Data


International Transfer


For the need of our global recruitment, your Personal Data may be transferred to, and stored at, a jurisdiction different from the one you locate. Such jurisdiction may not provide the same level of data protection as your jurisdiction. Under such circumstances, we will take all necessary and appropriate safeguards to ensure the security of your Personal Data in transit and require that the recipient of your Personal Data offers an adequate level of protection and security in accordance with this Recruitment Privacy Policy and applicable laws and regulations, for instance by entering into the appropriate data processing agreements and, if necessary, standard contractual clauses with the recipient or adopting an alternative mechanism for the transfer of Personal Data as approved by applicable regulators.


Retention Period


We will store your Personal Data only  to the extent as necessary to the recruitment needs of our company, except as  provided otherwise by applicable laws or regulations. When there is no such  need to use your Personal Data (e.g. when you or we terminate the applicant process, or end up not joining us and refuse us sending you information about positions  that might be of your interest) or the time limit for retention expires  according to applicable laws or regulations, we will delete or anonymize your  Personal Data within 3 months.

 

Lawful basis for processing Personal Data (applicable to candidates located in the EU/EEA)

Our lawful basis for collecting and  using the Personal Data described in this Recruitment Privacy Policy will  depend on the Personal Data concerned and the specific context in which we  collect it. The specific lawful basis on which we rely for each of the purposes  which we process your Personal Data for is set forth below:

Lawful basis: Legitimate interest of assisting you  in applying for open positions and in the recruitment process, or Consent.

Purpose:

  • Collect basic information, resume or other information volunteered by you for recruitment purposes  
  • Contact you by the information you have volunteered to inform you about  the recruitment process  
Lawful basis: Necessary for performing legal obligations. 
Purpose:
  • Comply with regulatory, compliance, or legal obligations and/or  requirements, or to assist law enforcement and government authorities as  permitted or required by applicable laws and regulations

Your rights

If you want to access, correct, update and delete your Personal Data (e.g. when update your contact information, or request us to delete your resume/CV, etc.), and exercise other data subject’s legal rights under applicable laws and regulations (e.g. to withdraw consent we obtained from you to collect and process your Personal Data, or to request us to transfer your Personal Data to a designated third party, to restrict our processing of your Personal Data, to object to any processing of your Personal Data carried out on the basis of legitimate interests, etc.), you can contact us using the contact details provided in “How to contact us”.

We will respond to all requests we receive to exercise the data subject's rights in accordance with the requirements of applicable laws and regulations within the required time limit. To the extent as permitted by applicable laws and regulations, we may not be able to respond to your request to exercise your rights in the certain circumstances. For instance, if your request is contrary to our obligations under applicable laws and regulations, or may infringe our trade secrets, we may refuse to respond to your request. Besides, if we have sufficient evidence of your subjective malice or abuse of rights, or response to your request would infringe other individuals' significant legitimate rights and interests, we may also decline your request. Under such circumstances, we would simultaneously provide you with our reason of refusal in the response.

How do we update this Recruitment Privacy Policy

We may update this Recruitment Privacy Policy from time to time in response to changing legal, technical or business developments and to reflect the recruitment need of Momenta Group. When we update our Recruitment Privacy Policy, we will take appropriate measures to inform you, depending on the significance of the changes we make. We will obtain your consent to any material changes to Recruitment Privacy Policy if and where this is required by applicable laws and regulations.

You can see when this Recruitment Privacy Policy was last updated by checking the "last updated" date displayed at the top of this Recruitment Privacy Policy. If you continue to use the recruitment functions on the Momenta Website or contact us through the contact information shown on the site, you are deemed to have accepted the updated Recruitment Privacy Policy.

How to contact us

If you have any questions or concerns about this Recruitment Privacy Policy or our processing upon your Personal Data, especially if you consider that our processing your Personal Data impairs your legitimate interests, please contact us via dataprotection@momenta.ai. We will review your problem without delay and make timely reply according to the applicable laws and regulations.

      

Processing of (personal) data by the operator of the recruitment website

General information

This recruitment website is operated by Personio SE & Co. KG, which offers a human resource and candidate management software solution (https://www.personio.com/legal-notice/). Data transmitted as part of your application will be transferred using TLS encryption and stored in a database. The sole controller of this data within the meaning of article 24 of the GDPR is the enterprise carrying out this online application process. Personio’s role is limited to operating the software and this recruitment website and, in this context, being a processor under article 28 of the GDPR. In this case, the processing by Personio is based on an agreement for the processing of orders between the controller and Personio. In addition, Personio SE & Co. KG processes further data, some of which may be personal data, to provide its services, in particular for operating this recruitment website. We will refer to this in more detail below.

The controller

The controller under data protection law is:
Personio SE & Co. KG
Seidlstraße 3
80335 München
Tel.: +49 (89) 1250 1004
Entry in the commercial register
Commercial register entry number: HRA 115934
Registration Court: Amtsgericht München
Data Protection Officer contact: privacy@personio.com

Access logs (“server logs”)

Each access to this recruitment website automatically causes general protocol data, so-called server logs, to be collected. As a rule, this data is a pseudonym and thus does not allow for inferences about the identity of an individual. Without this data, it would, in some cases, be technically impossible to deliver or display the contents of the software. In addition, processing this data is absolutely necessary under security aspects, in particular for access, input, transfer, and storage control. Furthermore, this anonymous information can be used for statistical purposes and for optimizing services and technology. In addition, the log files can be checked and analyzed retrospectively when unlawful use of the software is suspected. The legal basis for this is §25 subsection 2 Sentence 2 TDDDG. Generally, data such as the domain name of the website, the web browser and web-browser version, the operating system, the IP address, as well as the timestamp of the access to the software is collected. The scope of this log process does not exceed the common log scope of any other site on the web. These access logs are stored for a period of up to 7 days. There is no right to object to this.

Error logs

So-called error logs are generated for the purpose of identifying and fixing bugs. This is absolutely necessary to ensure we can react as quickly as possible to possible problems with displaying and implementing content (legitimate interest). As a rule, this data is a pseudonym and thus does not allow for inferences about the identity of an individual. The legal basis for this is §25 subsection 2 Sentence 2 TDDDG. When an error message occurs, general data such as the domain name of the website, the web browser and web-browser version, the operating system, the IP address, as well as the timestamp upon occurrence of the respective error message and/or specification is collected. These error logs are stored for a period of up to 7 days. There is no right to object to this.

Use of cookies

So-called cookies are used on parts of this recruitment website. They are small text files which are stored on the device with which you access this recruitment website. As a general rule, cookies serve the purpose of ensuring secure access to a website (“absolutely necessary”), implementing certain functionalities such as standard-language settings (“functional”), improving the user experience or the performance of the website (“performance”), or placing targeted advertisements (“marketing”). On this recruitment website, we generally use only cookies that are absolutely necessary, functional or performance-related, in particular for implementing certain default settings such as language, for identifying the job advertising channel, or for analyzing the performance of a job advert via which a user accessed this recruitment website. The use of cookies is absolutely necessary for providing our services and thus for the performance of the contract (article 6 (1) b) of the GDPR). Period of storage: up to 1 month or until the end of the browser session Right to object: You can determine via your browser settings whether you allow or object to the use of cookies. Please note that deactivating cookies may result in limited or completely blocked functionalities of this recruitment website.

Rights of data subjects

If Personio SE & Co. KG as the controller processes personal data, you as the data subject have certain rights under Chapter III of the EU General Data Protection Regulation (GDPR), depending on the legal basis and the purpose of the processing, in particular the right of access (article 15 of the GDPR) and the rights to rectification (article 16 of the GDPR), erasure (article 17 of the GDPR), restriction of processing (article 18 of the GDPR), and data portability (article 20 of the GDPR), as well as the right to object (article 21 of the GDPR). If the personal data is processed with your consent, you have the right to withdraw this consent under article 7 III of the GDPR. To assert your rights as a data subject in relation to the data processed for the purpose of operating this recruitment website, please refer to Personio SE & Co. KG’s Data Protection Officer (see item B).

Concluding provisions

Personio reserves the right to adjust this data privacy statement at any point in time to ensure that it is in line with the current legal requirements at all times, or in order to accommodate changes in the services offered, for example when new services are introduced. In this case, the new data privacy statement applies to any later visit of this recruitment website or any later job application.