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



Mandatory Information to be Provided Pursuant to Art. 12 et seq. EU GDPR

 

I. Name and contact information of the data controller

Your contact, who is the data controller as defined in the European General Data Protection Regulation (“EU GDPR”) and in other domestic data privacy legislation of the member states or any other data privacy law related provisions is the respective entity of the GOPA Consulting Group which advertises the vacancy according to the job posting. 

(hereinafter referred to as “we,” “us” or “our”).


II. Contact information of the data protection officer

Our data protection officer may be reached under this contact information:

MAGELLAN Säugling Rechtsanwaltsgesellschaft mbH, Raiffeisenallee 9, 82041 Oberhaching / www.magellan-legal.de

If you have any data protection and data security related questions associated with our company, please contact our data protection officer directly. Email: privacy_gopa_group@magellan-legal.de / Phone: +49 8458 3389 0


III. Data processing in conjunction with the job application processing

1. Description and scope

In conjunction with the job application process, the following personal data will be processed:

  • First Name,
  • Last Name,
  • Gender,
  • Place of birth,
  • Date of birth,
  • Nationality,
  • Marital status (voluntary),
  • Photo (voluntary),
  • Address,
  • Email address,
  • Phone number,
  • Curriculum vitae,
  • Professional background,
  • Educational background,
  • Qualifications,
  • Work-related experiences,
  • Skills,
  • Languages,
  • Certificates,
  • References,
  • Salary expectations,
  • Location preferences,
  • Job title,
  • Religious affiliation (voluntary),
  • Information on disabilities (voluntary),
  • Possibly information about ethnic or racial origin (if apparent from your voluntarily submitted documents or pictures).

Additionally, we process any other data you have provided in your application.


2. Legal basis

a. Personal data

Consent, Art. 6 Sect. 1 S. 1 lit. a) EU GDPR, Art. 88 Sect. 1 EU GDPR in combination with § 26 Sect. 2 2 German Federal Data Protection Act (Bundesdatenschutzgesetz - BDSG).

Establishment of an employment relationship, Art. 6 Sect. 1 S. 1 lit. b) EU GDPR.

Fulfillment of a legal obligation, Art. 6 Sec. 1 S. 1 lit. c) EU GDPR.

Legitimate interest, Art. 6 Sect. 1 S. 1 lit. f) EU GDPR.

b. Special categories of personal data

Consent, Art. 6 Sect. 1 S. 1 lit. a) EU GDPR in combination with Art. 9 Sect. 2 lit. a) EU GDPR.

Fulfillment of legal obligations and exercise of rights of the employer or employee regarding labor laws, social security laws and social protection laws, Art. 6 Sec. 1 S. 1 lit. c) EU GDPR, Art. 9 Sect. 2 lit. b) EU GDPR, Art. 88 Sect. 1 EU GDPR in combination with§ 26 Sec. 3 BDSG.

Assertion, exercise or defense of legal claims or other court related proceedings, Art. 6 Sec. 1 S. 1 lit. f) EU GDPR, Art. 9 Sect. 2 lit. f) EU GDPR.

Health Care, Occupational Medicine or the assessment of the working capacity of applicants, Art. 6 Sec. 1 S. 1 lit. c) EU GDPR, Art. 9 Sect. 2 lit. h) EU GDPR.


3. Purpose

Your personal data is processed for the purpose of conducting the application process with the goal to establish an employment relationship, as well as, fulfilling contractual, legal, where applicable collective agreement, and social security obligations.


4. Retention Period

Your personal data will be deleted or blocked as soon as the purpose for the processing of the data no longer applies. Data may be stored beyond this point, if required by European or national legislators in union regulations, laws, or other provisions to which we are subject. Blocking or deletion of data will also occur if a retention period prescribed by these regulations expires, unless there is a necessity for further storage of the data for the conclusion or fulfillment of a contract.

Therefore, we store your data for the following periods:

  • Application documents/data: will be stored for up to 6 months after the decision not to fill the position with the applicant, for the purpose of providing evidence in cases of discrimination, in accordance with §§ 21 Sec. 5, 22 German General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz - AGG).
  • Other application documents: will be stored upon dissolution or termination of the employment relationship.


5. Objection and removal option

If the processing of your personal data is based on your consent, you have the right to withdraw your consent at any time. In this case we can no longer consider your application. However, the processing of your personal data is mandatory for the establishment of an employment relationship. Hence you cannot object to such processing of your personal data.


IV. Categories of Recipients

Within our company, we will share your personal data with those positions and departments that need them for all the above-mentioned purposes. Additionally, we utilize the services of different providers and therefore transfer your personal data to these trustworthy recipients. These may, for instance, include the following:

  • Works council,

  • Data protection officer,

  • Representative for severely disabled employees,

  • Equal opportunities officer,

  • Employment agency,

  • Integration office in the case of a severe disability,

  • Printing companies,

  • Lettershops,

  • Scanning services,

  • Banking institutions,

  • IT service providers,

  • Cooperation partners,

  • Lawyers, tax advisors, and courts.



V. Transfer to Non-EU and Non-EEA Countries


In conjunction with the processing of your personal data, it is possible that we share your personal data with trustworthy service providers in non-EU and non-EEA countries. These countries are nations that are not within the European Union (EU) or the European Economic Area (EEA).

In this context, we only work with such service providers who provide us with appropriate guarantees for the protection of your personal data and can assure that your personal data will be processed in accordance with the strict European Data Protection Standards. A copy of these appropriate guarantees may be reviewed at our business premises.


If we share any personal data with recipients in non-EU and non-EEA countries, this is done on the basis of a so-called adequacy decision of the European Commission, or, if such a decision is not available, on the basis of so-called standard contractual clauses, also issued by the European Commission.



VI. Your Rights


You are entitled to the following rights you may exercise in your relationship with us:



1. Right of access


You have the right to receive information as to whether and which personal data of yours we process. In this case, we will provide additional information on:


(1) The processing purpose,

(2) The categories of data,

(3) The recipients of your personal data,

(4) The envisaged retention period or the criteria to determine the envisaged retention period,

(5) Your additional rights,

(6) In the event that you have not shared your personal data with us: All available information as to its origins,

(7) If available: The existence of any automated decision making as well as information on the logic used, the expanse and the desired effects of the processing.


2. Right to rectification

You are entitled to have your data corrected and/or completed if the personal data processed by us is incorrect or incomplete.


3. Right to restriction of processing

You are entitled to the restriction of the processing of your data if:

(1) We are reviewing the correctness of your personal data processed by us,

(2) The processing of your personal data is illegal,

(3) You need the personal data processed by us to pursue your rights after the purpose of processing the data has ended,

(4) You have filed an objection against the processing of your personal data, and we are in the process of reviewing your objection.


4. Right to erasure

You are entitled to having your data deleted if:

(1) We no longer need your personal data for the original purpose,

(2) You revoke your consent and if there is no further legal basis for the processing of your personal data,

(3) You have objected to the processing of your personal data and – if the matter in question is not direct marketing – there are no priority grounds for continued processing of the data,

(4) The processing of your personal data is illegal,

(5) The deletion of your personal data is mandated by law,

(6) Your personal data refers to minors for information society purposes.


5. Right to notify

If you have exercised your right to have data corrected, deleted or restricted in terms of processing, we will notify all recipients of your personal data, to correct, delete or restrict the processing of such data.


6. Right to data portability

You have the right to receive any personal data you have provided to us based on consent or to perform a contract in a structured, commonly used and machine-readable format and to have same transferred to another data controller. If this is technically feasible, you have the right to instruct us to send this data directly to another data controller.


7. Right to object

In the event that special grounds apply, you have the right to object to the processing of your personal data. In this case, we will no longer process your personal data, unless we are in a position to raise mandatory protection worthy grounds for continued processing.

If your personal data is being processed for the purpose of direct marketing you do, at any time, have the option to object.


8. Right to revoke consent

You have the right to revoke any consent you have given us at any time. The revocation of consent does not affect the legitimacy of any prior processing on the basis of consent.


9. Right to file a complaint with a supervisory authority

Any other administrative or court enforced legal remedies notwithstanding, you shall have the right to file a complaint with the competent supervisory authority, if you are of the opinion that the processing of your personal data by us is in violation of the EU GDPR.




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.