Privacy policy for applicants

‍

Status: 09.11.2023

Information on the collection of personal data from applicants within HRS Germany GMBH (Art. 13, Art. 14 GDPR)

This Privacy Policy provides a framework for the processing of personal data by HRS Germany GmbH in accordance with the provisions of the General Data Protection Regulation of the European Union (GDPR) and the new version of the German Federal Data Protection Act (BDSG-neu). Further information on those responsible for data processing and the company's contact details can be found on our homepage within the privacy policy.

1. Name and contact details of the data protection officer

If you have any questions about the processing of your personal data within HRS Germany GmbH, please contact our data protection officer:

HRS Germany GmbH

Data Protection Officer:

Prinzregentenstraße 54,

80538 Munich

2. Data categories

The categories of personal data processed include in particular

Your master data (such as first name, surname, name affixes)
Contact details (e.g. your private address, e-mail address, (mobile) telephone number)
This may also include special categories of personal data such as health data if you include this in your CV
Professional career and educational background; list of projects
Language skills and other job-related skills
National insurance number, national identification number or other identification number issued by the authorities
Date of birth
Gender
Bank account information
Nationality and work permit status
Information about services
Tax information
Information from references and
Information in your CV or application, information you provide about your professional interests and other information about your qualifications

and insofar as required by law or explicit consent has been given:

Disabilities and health-related information
Drug test results, criminal and other background checks.
In addition, the following data may be collected and processed:
Username and password when you register on our websites
Information that you provide to us about friends or other persons, combined with the wish that we contact them. (the data controller assumes that the other person has previously given consent for this transfer)
Other information that you provide to us, e.g. in surveys or via the "Contact" function on our pages.

If an employment or service contract is concluded with you, we will collect, process and store personal data in accordance with the provisions of the new version of the Federal Data Protection Act (BDSG-new), in particular in accordance with Section 26 BDSG-new, which you have provided to us as an employee or freelancer or which arise during your employment or service relationship, insofar as this is necessary to fulfil our contractual and/or legal obligations. As a rule, your personal data is collected directly from you as part of the application process. In certain constellations are due to legal regulations Your personal data may also be collected by other bodies (in particular public authorities). We may also have received data from third parties (e.g. recruitment agencies). If we do not collect your personal data directly from you in individual cases, we will inform you beforehand about this beforehand. Processing may also be carried out electronically. This is particularly the case if an applicant submits corresponding application documents to us electronically, for example by e-mail or via a web form on the website.

3. Legal basis and purpose of data processing

We process, collect and store personal data for the following purposes in particular:

a. To provide you with job offers and projects and to offer you work;

b. to provide you with additional services such as training and further education measures, career counselling and support for professional reorientation;

c. to determine your suitability as an applicant or freelancer and your job-relevant skills; d. to carry out data analyses, such as

(i) analysing our database on aplicants and employees;

(ii) assessing individual performance and skills, including job-related skills assessment;

(iii) identifying skill shortages;

(iv) using information to highlight potential opportunities to individuals; and

(v) analysing pipeline trends in hiring practices; e. to provide you with information about possible available positions;

f. to provide information about special events, campaigns, programmes, offers, surveys, competitions and market research; g. to answer individual enquiries;

h. to operate, evaluate and improve our business (including developing, improving, analysing and enhancing our services; managing our communications; performing data analysis; performing accounting, auditing and other internal functions);

i. to protect against fraud and other unlawful acts, claims and other liabilities; and j. to comply with and enforce applicable legal requirements, relevant industry standards, contractual obligations and our policies.

We process your personal data in compliance with the provisions of the EU General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG-neu) and all other relevant laws (e.g. BetrVG, ArbZG, etc.).

The primary purpose of data collection and processing is to handle the application process. The primary legal basis for this is Art. 6 para. 1 b) GDPR i. V. m. § 26 para. 1 BDSG-new.

As part of your application - whether online via our portals, via e-mail or on site - we obtain consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR for the processing of your data. Please refer to the following section.

Where necessary, we also process your data on the basis of Art. 6 para. 1 sentence 1 lit. f GDPR in order to protect our legitimate interests or those of third parties (e.g. authorities). This applies in particular to the investigation of criminal offences (legal basis § 26 para. 1 sentence 2 BDSG) or within the Group for the purposes of Group management, internal communication and other internal administrative purposes (so-called small Group privilege).

In addition, in individual cases we are obliged under the European anti-terrorism regulations 2580/2001 and 881/2002 to check your data against the so-called "EU terror lists" to ensure that no funds or other economic resources are made available for terrorist purposes.

If we wish to process your personal data for a purpose not mentioned above, we will inform you in advance.

4. Consent

As described above, as part of your application - whether online via our portals, via e-mail or on site - we obtain consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR for the processing of your data.

The text of the consent reads:

"I consent to the processing, storage and transfer of my personal data, including the special categories of personal data provided by me in accordance with Art. 9 GDPR (e.g. information on my marital status or health data) by HRS Germany GmbH and its subsidiaries and affiliated companies mentioned above for the purpose of providing temporary, fixed-term or permanent job and employment opportunities, for the purpose of sending out job advertisements for vacancies and for the purpose of evaluating (including by automated means) profiles and professional skills for the purpose of assessing individual applicants. development and career plans. My data will be stored for a period of twelve months and then deleted unless I expressly consent to further storage. If absolutely necessary in individual cases, I also consent to the transfer of my personal data outside the European Union and/or within the affiliated companies. I can refuse my consent without giving reasons and revoke my consent at any time for the future. The revocation does not affect the legality of the processing carried out up to that point. Further information can be found in the privacy policy on the homepage."

You can revoke this consent at any time without giving reasons via our web form for data subject rights.

Please note that we will no longer be able to consider your application once it has been cancelled.

5. Data access

We only pass on personal data that we have collected about you in accordance with this privacy policy and the generally applicable data protection regulations.

We may share your information:

(i) with subsidiaries and affiliates;

(ii) if you are a candidate or freelancer, with clients who have vacancies or projects or who are interested in placing our candidates or freelancers; and

(iii) with other persons, such as recruitment consultants and subcontractors, with whom we work to find you a job or project. for you.

In addition, we may disclose your personal data

(i) if we are required to do so by law or legal process;

(ii) to law enforcement authorities; or other government officials on the basis of a lawful discovery request; and

(iii) if we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity. We also reserve the right to transfer any personal data we hold about you if we sell or transfer all or part of our business or assets (including in the event of a reorganisation, dissolution or liquidation).

We also use various service providers to fulfil our contractual and legal obligations. If required, you can request a list of the contractors and service providers we use with whom we have more than a temporary business relationship.

6. Rights of data subjects

As a data subject, you can assert the following rights in accordance with Art. 15 - Art. 22 GDPR:

a) The right to information: Data subjects have the right to request information about the personal data we process concerning them in order to check whether their personal data is being processed in accordance with the law.

b) The right to rectification: Data subjects have the right to request the rectification of inaccurate or incomplete data stored about them in order to protect the accuracy of this information and to adapt it to the data processing.

c) The right to erasure: Data subjects have the right to request that the data controller erases information about them and no longer processes this data.

d) The right to restriction of processing: Data subjects have the right to request that the data controller restricts the processing of their data.

e) The right to data portability: Data subjects have the right to request data portability, which means that the data subject can receive the personal data originally provided in a structured and commonly used format or that the data subject can request the transfer of the data to another data controller

f) The right to object: Data subjects who provide personal data to a data controller have the right to object to data processing at any time for a number of reasons, as set out in the General Data Protection Regulation, without having to justify the decision.

g) The right not to be subject to automated individual decision-making: Data subjects have the right not to be subject to a decision based solely on automated processing, including profiling, where such profiling produces legal effects concerning the data subjects or similarly significantly affects them.

h) The right to lodge a complaint with a supervisory authority: Data subjects have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, place of work or place of the alleged infringement if the data subjects consider that the processing of their personal data infringes the GDPR.

If the processing is based on consent in accordance with Art. 7 GDPR, data subjects can

withdraw their consent at any time revoked. If you would like more information about the processing of your personal data or wish to assert your rights as a data subject, please use our web form for data subject rights.

7. Storage of your data

We process and store your personal data as long as this is necessary for the fulfilment of our contractual and legal obligations.

With regard to the storage of applicant data, the following also applies:

If we or a customer conclude an employment contract with an applicant, the data transmitted will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions.
If no employment contract is concluded with the applicant or if the applicant is not placed, the application documents will be automatically deleted no later than twelve months after notification of the rejection decision, provided that no other legitimate interests of the controller stand in the way of deletion. Other legitimate interest in this sense is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).
In order to be able to submit further job or project offers matching the applicant's qualifications and skills even after the end of the first application phase, in which the applicant could not be placed, the applicant's consent to longer storage is obtained. After completion of the first application phase and in the event of a suitable offer, we will of course contact you beforehand and obtain your consent. If consent is given for longer storage, the data will not be deleted until this period has expired, unless the applicant gives us renewed consent for further storage. Consent can be revoked at any time for the future without giving reasons.

8. Data transmission

The GDPR guarantees the same high level of data protection within the European Union. When selecting our service providers, we therefore rely on European partners wherever possible if your personal data is to be processed. Only in exceptional cases will we have data processed outside the European Union when using third-party services. We only authorise the processing of your data in a third country if the special requirements of Art. 44 et seq. GDPR are fulfilled. This means that your data may only be processed on the basis of special guarantees, such as the EU Commission's officially recognised determination of a level of data protection corresponding to the EU or compliance with officially recognised special contractual obligations, the so-called "standard data protection clauses"

9. Obligation to provide data

As part of the application process, you must provide the personal data that is required to establish the employment relationship or that we are legally obliged to collect. In individual cases, the applicant is legally obliged to provide certain data (e.g. health certificate, police clearance certificate, etc.). Without this data, we or our clients for whom the placement is being carried out will not be able to fulfil the employment contract with you.

10. Automated decision-making including profiling

Automated decision-making, including profiling, does not take place.

11. Online application procedure

General information/voluntariness

In addition to on-site interviews, we also offer our applicants the opportunity to conduct an interview online. We use the Microsoft Teams, Skype and Google Meet solutions for this.

Participation in the team interviews is voluntary. You have the option of cancelling an interview at any time, refusing further interviews and withdrawing your consent to take part in the Teams interview without incurring any disadvantages. The Teams interviews are not recorded or saved.

It is expressly pointed out that HRS Germany GmbH offers you the opportunity to conduct the interview in the form of a personal interview on site or by telephone. Should you decide in favour of a personal interview on site or a telephone interview, this will have no detrimental effect on your application.

The interview will only be conducted by persons who are responsible for filling vacancies within HRS Germany GmbH. These persons will ensure that the confidentiality of your personal data is maintained within the scope of the intended purpose. It is important to the company to ensure the highest possible protection of your personal data. All personal data collected and processed by us as part of an application is protected against unauthorised access and manipulation by technical and organisational measures.

Processed data/legal basis/revocation

The categories of personal data processed as part of the team interview include Name, transmission of the image (and thus the transmission of your person), transmission of your voice. The online interview will not be recorded and/or stored.

Furthermore, the following personal data is collected by the system when using Microsoft Teams / Skype: IP addresses, e-mail addresses, names, log files, protocol data, metadata (e.g. IP address, time of participation, etc.), profile data (e.g. your user name, if you provide this yourself).

Data processing as part of the team interview is based on the consent you have given, which can be revoked at any time for the future, Art. 6 para. 1 sentence 1 lit. a GDPR.

You have the option of cancelling an interview, refusing further interviews and withdrawing your consent to participate in the Teams interview at any time without incurring any disadvantages. You can submit your cancellation via our web form.

We also process the data collected by the system on the basis of a legitimate interest in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR. Our legitimate interest for data processing is: Conducting online interviews.

13. Data transmission

We use Teams to conduct the online interviews. Microsoft Teams is part of Microsoft Teams is a productivity, collaboration and exchange platform for individual users, teams, communities and networks that is used across company organisations. Among other things, it includes a video conferencing function.

Microsoft Office365 is a software of the company

Microsoft Ireland Operations Limited

One Microsoft Place

South County Business Park

Leopardstown

Dublin 18

D18 P521

Ireland

Microsoft Teams is part of the Office 365 cloud application, for which a user account must be created.

Data processing with Office 365 takes place on servers in data centres in the European Union in Ireland and the Netherlands. For this purpose, we have concluded an order processing agreement with Microsoft in accordance with Art. 28 GDPR. Accordingly, we have agreed extensive technical and organisational measures with Microsoft for Office 365 that correspond to the current state of the art in IT security, e.g. with regard to access authorisation and end-to-end encryption concepts for data lines, databases and servers.

In the event of access by Microsoft from outside the European Union in individual cases authorised by us, we have concluded EU standard contracts (standard data protection clauses) with Microsoft. In order to guarantee an appropriate level of data protection when transferring personal data to a third country such as the USA in this specific case, we have implemented additional measures as described above in the form of state-of-the-art technical and organisational measures such as access authorisation and encryption concepts for data lines, databases and servers.

Microsoft reserves the right to process customer data for its own legitimate business purposes. We have no control over this data processing by Microsoft. To the extent that Microsoft Teams processes personal data in connection with its legitimate business purposes, Microsoft is an independent controller for these data processing activities and as such is responsible for compliance with all applicable data protection laws. If you require information about the processing by Microsoft, please refer to the relevant Microsoft statement.

14. Application via WhatsApp (PitchYou)

At the request of candidates, we offer the option of applying via WhatsApp as part of the recruitment process. The service PitchYou from SBB Software und Beratung GmbH in Germany, Naila (Bahnhofstraße 7, 95119 Naila, Germany) is used for this purpose, which enables a connection and transfers the information provided to our applicant management system and guarantees the protection of applicant data. An order processing contract has been concluded with the provider in accordance with Art. 28 GDPR.

PitchYou provides for a multi-stage cancellation concept in order to protect the rights of the data subject. We have no influence on data processing by WhatsApp. Processing is subject to WhatsApp's privacy policy, which you must agree to in advance. We would like to point out that the information you provide will be stored and processed in the USA. We would also like to point out that data processing by WhatsApp is associated with security risks. The USA is currently regarded as a country with an inadequate level of data protection by EU standards. In particular, there is a risk that your data may be processed by US authorities for monitoring and surveillance purposes without you being informed of this data processing and without you having the possibility of legal recourse against this data processing by the US authorities.

The legal basis for processing is the voluntary consent given within the meaning of Art. 6 (1) GDPR.

S.1 lit. a GDPR in conjunction with. § 26 BDSG for the implementation of the application process.

Applicants can revoke the consent expressly granted above at any time with effect for the future by sending us a message via WhatsApp. The lawfulness of the processing carried out on the basis of the consent until the revocation is not affected by the revocation.

Information on data protection at

WhatsApp: https://www.whatsapp.com/legal?eea=0#privacy-policy

Further information on PitchYou's data protection can be found at: https://www.pitchyou.de/datenschutz and https://www.pitchyou.de/pitchyou-dsgvo

You can find information on consenting to the use of WhatsApp at:

https://www.pitchyou.de/datenschutz-whatsapp

15. MessengerPeople / WhatsApp Business

We also use the services of the provider: MessengerPeople GmbH, Seidlstrasse 8, 80335 Munich, Germany.

We use "WhatsCareer - WhatsApp for HR & Recruiting" "WhatsCareer" is a specially developed WhatsApp chatbot for HR departments and recruitment agencies. The service helps to speed up the time-consuming and labour-intensive application process. The focus is on applicant support via WhatsApp & WhatsCareer, from the job search to the onboarding of new employees. Thanks to the fast and effective dialogue in Messenger, applicants can apply very easily and quickly with all the necessary documents, such as CV, cover letter or work samples, or ask questions. Employees also have the option of simply sending us documents during onboarding.

WhatsApp Business API is used in this context. The WhatsApp Business API is only accessed via selected WhatsApp Business Solution Providers such as MessengerPeople. As a result, all personal data is stored at MessengerPeople. Data processing takes place in Europe. We have concluded an order processing contract with the service provider in accordance with Art. 28 GDPR.

As a general rule, communication via WhatsApp is protected by end-to-end encryption (E2EE). This means that chats, calls and all media sent are encrypted by the sender and only decrypted again by the recipient. While the data is being transmitted, it is encrypted, the function cannot be deactivated.

The legal basis for the processing is the voluntary consent given within the meaning of Art. 6 para. 1

S.1 lit. a GDPR in conjunction with. § 26 BDSG for the execution of the application process. Communication and document exchange via WhatsApp is always voluntary and is only one possible option. It is always possible to communicate via other communication channels (e.g. email). Consent can be revoked at any time with effect for the future directly via the respective WhatsApp chat.

Information on data protection when using MessengerPeople and WhatsApp https://www.messengerpeople.com/de/whatsapp-datenschutz-alles-was-du-must-know/

You can find MessengerPeople's privacy policy here at: https://www.messengerpeople.com/de/datenschutzerklaerung/

Start your new career confidently.

Let us introduce you to our talent network.