As a potential employer (responsible party), we would like to inform you as applicants (hereinafter referred to as "applicants") that we, the
IngSoft GmbH Irrerstr. 17 90403 Nuremberg, Germany
process your personal data (hereinafter referred to as "data") transmitted to us as part of your application in accordance with the requirements of the European Data Protection Regulation (DS-GVO) and the new Federal Data Protection Act (BDSG). You are the data subject (also referred to as data subject) within the meaning of Art. 4 No. 1 DS-GVO.
A distinction must be made between Art. 13 DS-GVO (direct collection from the data subject) and Art. 14 DS-GVO (indirect data collection):
- Direct data collection from the data subject (Art. 13 DS-GVO) means data collection with the knowledge or with the cooperation of the data subject.
- Indirect data collection (Art. 14 GDPR) means data collection in ignorance or without the participation of the data subject.
The potential employer has the following information obligations towards the applicant:
1. at the time of data collection, the data controller shall inform the data subject of the following pursuant to Art. 13(1) and 14(1) of the GDPR, unless the data subject already has this information:
(a) the name and contact details of the data controller and, if applicable, its representative.
The person responsible for compliance with the data protection requirements is the potential employer and thus the management. In our company this is:
Mr. Karsten Reese, Managing Director
b) Contact details of the external data protection officer and internal data protection coordinator
Our external data protection officer is:
Mr. Thomas Costard, Attorney at Law Costard Law Firm for IT Law and Data Protection EUROCOM Businesspark Lina-Ammon-Strasse 9 90471 Nuremberg Phone: +49 911 7903034 Fax: +49 911 7903035 E-mail: email@example.com Website: www.it-rechtsberater.de
Our internal data protection coordinator and first contact person for data protection is
Mr. Karsten Reese IngSoft GmbH Irrerstr. 17 90403 Nuremberg Phone: +49 911 430879 - 0 E-mail: firstname.lastname@example.org
c) Purpose and legal basis of data processing
The processing (in particular collection, use, storage, transmission) of your applicant data takes place exclusively for the purpose of filling a position in the applicant selection process (establishment of an employment relationship), in order to check your suitability with regard to the position applied for and, if necessary, to be able to invite you to an interview.
In addition to Art. 88 DS-GVO and § 26 BDSG, the legal basis for the processing may be in particular Art. 6 para.1 lit. b DS-GVO (data processing for the implementation of pre-contractual measures), Art. 6 para. 1 lit. c DS-GVO (fulfillment of a legal obligation).
Another legal basis may be the consent of the applicant within the meaning of Art. 6 para. 1 lit. a DS-GVO (e.g. inclusion in a so-called applicant pool).
d) Legitimate interests of the controller or a third party.
If the processing is carried out on the basis of Art. 6 (1) (f) DS-GVO to protect the legitimate interests of the controller or a third party, the applicant must be informed of this. A legitimate interest may be, for example, a legal, economic or ideal interest, the legitimacy of which must be decided in each individual case as part of a weighing of the interests of the applicant.
In the present case, the processing is not carried out on the basis of a legitimate interest.
e) Recipients or categories of recipients
According to Art. 4 No. 9 DS-GVO, recipients of your data may be natural or legal persons, authorities or institutions.
Your applicant data will be forwarded to the internal departments responsible for the application process, to other branches of our company and to the service providers entrusted with the application process (online application tool).
Data will only be passed on to other third parties if you have given us your prior written consent in accordance with Section 26 (2) of the German Federal Data Protection Act (BDSG).
In order to conduct meetings within the application process (e.g. job interviews) via online tools (e.g. Microsoft Teams, Zoom, Skype), personal data processed in connection with participation therein may be disclosed. In principle, this data will not be disclosed to third parties unless it is intended for disclosure. Please note that content from job interviews via online tools, as with personal job interviews, is used to be able to carry out the application process and is therefore intended for internal disclosure.
In addition, when using online tools, the respective provider of the communication platform used and any subcontractors may gain knowledge of the data, insofar as this is necessary within the scope of our order processing relationship within the meaning of Art. 28 DS-GVO with the provider of the communication platform.
f) Data transfer to third countries or international organizations
Your applicant data will be processed exclusively within the EU and stored on protected servers in Germany in compliance with data protection regulations. Data is not currently transferred to third countries or international organizations.
If the processing of your data involves the transfer to countries outside the EU or EEA or service providers from countries outside the EU or EEA (so-called third countries), we will check whether an adequacy decision has been issued by the European Commission or we will conclude the necessary contracts under data protection law, in particular the agreement on commissioned processing and the EU standard contract.
g) Categories of personal data
In the course of your application process, we process the following data from you:
- Identification data (surname, first name, photo, gender, date of birth, religion, nationality).
- Contact data (home address, private telephone numbers and e-mail address)
- Job-related data (title/position, degree, status)
- Professional qualifications (certificates, driver's license)
- (Voluntary) information about your race or ethnic origin, gender, health status, data that may be required to comply with anti-discrimination laws and reporting requirements to the government, and that we need to comply with legal requirements in equal opportunities
- Reference data (previous employer, previous instructor).
- Other information included in your cover letter, resume, and references, or information you have voluntarily provided to us
- In the context of telephone conferences, details of incoming and outgoing call numbers, country name, start and end time. If applicable, further connection data such as the IP address of the device may be stored.
- In the context of meetings within the application process (e.g. job interviews) via online tools (e.g. Microsoft Teams, Zoom, Skype) user details (last name, first name, pseudonym, optional phone, email address, password, optional profile picture, optional department) as well as meeting data (topic, optional description, participant IP addresses, device/hardware information). To this extent, the text entries you make are processed in order to log the application process, if necessary. To enable the display of video and the playback of audio, data from the microphone of your terminal device and from any video camera of the terminal device will be processed accordingly during the meeting. You may turn off or mute the camera or microphone yourself at any time.
- Information about your health and/or requests and documents relating to police clearance certificates, will only be processed if they are relevant to your application. This is done in compliance with the legal regulations.
2. at the time of data collection, the controller shall also inform the data subject of the following within the scope of the processing pursuant to Articles 13(2) and 14(2) of the GDPR, unless the data subject already has this information:
(a) Sources of personal data.
You have provided us with your applicant data yourself. In this case, it is important that this data is accurate and that you assist us in keeping it up to date.
b) Duration of storage
We only store your data until the pre-contractual or contractual purpose has been fulfilled and there are no other legal storage obligations (e.g. storage obligations under commercial or tax law).
If you have given us your consent (e.g. for inclusion in a so-called applicant pool), we will store your data until you revoke your consent, unless there is another legal basis for processing your data.
An exception exists if further storage is necessary for the purpose of providing evidence. If you have been rejected, we will retain your application documents for 3 months after you have been given the job for evidentiary purposes (primarily to disprove any allegations of discrimination in the event of alleged violations of the AGG).
If we are able to offer you a position in your interest, we will ask for your consent to continue to store your data and, if necessary, to update it in consultation with you.
When using communication platforms to conduct job interviews, reports on online meetings (e.g. metadata, data on telephone dial-in) may be stored - provided you are registered as a user. For the respective retention period, we refer to the data protection provisions of the respective provider of the communication platform.
c) Your rights as a data subject
In accordance with Art. 15 DS-GVO, you can request information about your data processed by us at any time. In particular, you can request information about the purposes of processing, the categories of data processed, categories of possible recipients and the planned storage period.
In addition, you are entitled to request correction of the data if it is incorrect in accordance with Art. 16 DS-GVO.
Furthermore, according to Art. 17 DS-GVO, you can request the deletion of the data if the storage of the data is no longer necessary; you have revoked your consent to the data processing and there is no other legal basis for the processing; you have objected to the processing and there are no overriding legitimate reasons for the further processing of your data; your data has been processed unlawfully or if there is a legal obligation to delete it according to EU or national law.
In addition, you have a right to restriction of processing under Art. 18 DS-GVO if you dispute the accuracy of the data for a period that enables the controller to verify the accuracy of the data; the processing is unlawful but you object to the erasure of the data; the purpose of the processing has ceased to exist but the data is necessary to assert your legal claims or if you have objected under Art. 21 DS-GVO and it is not yet clear whether the legitimate grounds of the controller override your interests.
Furthermore, according to Art. 20 DS-GVO, you have the right to receive the data concerning you in a common, structured and machine-readable format (data portability). In addition, you can, under certain conditions, obtain that your data is transferred directly from a responsible party, insofar as this is technically possible.
You have the right to object to the use of your data for the above-mentioned purposes at any time (Art. 21 DS-GVO).
If you have given us consent to process your data, you may revoke this consent at any time with effect for the future.
If you wish to revoke your consent or assert the aforementioned data subject rights, please write to us at IngSoft GmbH, Irrerstraße 17, 90403 Nuremberg, Germany or send an e-mail to email@example.com.
d) Existence of a right of complaint to a supervisory authority.
You may submit a complaint to a supervisory authority in your country at any time (Art. 77 DS-GVO). You can find a list of supervisory authorities in Germany (for the non-public sector) with address at: https: //www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html
e) Provision of data
If the provision of data is required by law or contract or is necessary for the conclusion of a contract, the applicant must be informed of this. In the present case, the provision of your data is necessary in order to properly carry out the application procedure as a pre-contractual measure in accordance with Art. 6 (1) lit. b DS-GVO.
If you do not provide us with your data, it will not be possible for us to properly conduct the application procedure and take further measures to establish an employment relationship.
f) Existence of automated decision making including profiling.
No automated decision-making including profiling (pursuant to Art. 22 DS-GVO) takes place.
3. information about an intended change of purpose of the data processing.
We will only process your applicant data for the purposes stated above.
In the event of a change of purpose of the data processing, we will inform you about this other purpose in due time before further processing.