Information for applicants according to DSGVO Data protection information Information according to Art. 13, 14 of the Data Protection Regulation (GDPR) in the context of application procedures Thank you for your interest in working for our company. WinWorker GmbH takes the issue of data protection very seriously. The protection and confidentiality of personal data is a very high priority for us. In the following, we inform you about the type, scope and purposes of the collection and processing of your personal data in connection with your application in accordance with the GDPR, the German Federal Data Protection Act (BDSG) and other applicable data protection regulations. Who is responsible for data processing and whom can I contact? Responsible for data processing within the meaning of Art. 4 No. 7 GDPR is:
Craftview Software GmbH Mainzer Landstr.178-190, D-60327 Frankfurt a. Main Germany
Telephone: 02823 42560 E-mail: firstname.lastname@example.org
You can reach our external data protection officer at: Creditreform Compliance Services GmbH Hammfelddamm 13; 41460 Neuss, Germany Telephone: 02131 / 109 1089 E-mail: Datenschutzemail@example.com
From which sources do we obtain your data? We collect your personal data for the application relationship from various sources in order to determine your suitability. • Data that you provide to us: We first process personal data that you provide to us as part of the application process. This applies in particular to your application documents. • Data collected from third parties: We also process - to the extent necessary - personal data that we have received from third parties (e.g. an employment agency) in a manner that is permissible under data protection law. • Data from publicly available sources: We process personal data that we have permissibly obtained from publicly accessible sources (e.g. social or professional networks) insofar as this is necessary to determine your suitability to fill the vacancies in the application process.
What data or categories of data will we process? As part of the application process, we will process your personal data to the extent necessary to determine your suitability to fill the vacancies. This data processing may include, but is not limited to, the following data or categories of data: • Personal and contact information, such as name, e-mail address and telephone number, home address, date of birth, national identification number, gender, marital status and nationality. • Educational, performance and employment data, such as details of school and university qualifications, professional experience and skills, and performance appraisals • Other application documents you provide us with, such as letters of application, references, CVs, driving licence class, passport photos or other information, e.g. reference to hobbies or voluntary work • Special categories of personal data: If you provide information in your application documents that contains special categories of personal data (e.g. information on marital status that may allow conclusions to be drawn about your sexual orientation; information on your health; enclosure of a photo that allows conclusions to be drawn about your ethnic origin and, if applicable, your eyesight and/or religion), we will also only process this data to the extent permitted by law.
For what purposes do we process your data and on what legal basis? We will only process your data in the context of the application process to the extent permitted by an applicable legal provision, i.e. based on the provisions of the GDPR, the BDSG and other applicable legal provisions, such as the Works Constitution Act (BetrVG). In doing so, we will base the processing of your personal data on the following legal bases, among others: • For the decision on the establishment of the employment relationship (Art. 6 para. 1 lit. b GDPR). • For the fulfilment of legal obligations (Art. 6 para. 1 lit. c GDPR) • On the basis of your consent (Art. 6 para. 1 lit. a GDPR) • To safeguard legitimate interests (Art. 6 para. 1 lit. f GDPR)
To which offices will my data be transferred? Within the company, your data will only be passed on to those departments that are entrusted with the preparation and implementation of the application process. This includes employees of the personnel department and the departments in which a vacancy is to be filled. In addition, in individual cases we will use service providers who may process data on our behalf and in accordance with our instructions for the aforementioned purposes. Whenever your personal data are transferred to external recipients who process this data on our behalf, we will contractually ensure that your data are transferred, protected and processed in accordance with all applicable data protection regulations.
How long will we store your data? We will store your personal data in accordance with the legal requirements, in particular Art. 17 GDPR. • Storage during the application process: If necessary, we will store your data for the duration of the application process. • If an employment relationship is established: If we establish an employment relationship with you following the application process, we will transfer your data to the personnel file and then store it for as long as required by law. • If your application is rejected: If no employment relationship is established between you and us, the application process ends with the receipt of a rejection. Against the background of § 61 para. 1 ArbGG in conjunction with § 15 AGG, we reserve the right to retain the data for up to six months after rejection. • Storage due to legitimate interests: Under certain circumstances, we will also store your data for the duration of the statutory limitation period pursuant to §§ 195 et seq. German Civil Code (BGB).
Are data transferred to a third country or to an international organisation? When using service providers and passing on data to third parties with your consent (= approval), personal data may be transferred to recipients in countries outside the European Union ("EU"), Iceland, Liechtenstein and Norway (= European Economic Area) and processed there. This concerns the USA in particular. From the EU's point of view, an adequate level of protection for the processing of personal data corresponding to EU standards exists in the following countries (so-called adequacy decision): Andorra, Argentina, Canada (limited), Faroe Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zealand, Switzerland, Uruguay. With recipients in other countries, we agree to use EU standard contractual clauses, binding corporate rules or other permissible mechanisms to provide an "adequate level of protection" in accordance with legal requirements. We will be happy to provide you with further information on this via the aforementioned contact options upon initial request What rights do I have as a data subject? Every data subject has the right to information under Article 15 of the GDPR, the right to rectification under Article 16 of the GDPR, the right to erasure under Article 17 of the GDPR, the right to restriction of processing under Article 18 of the GDPR and the right to data portability under Article 20 of the GDPR. With regard to the right to information and the right to erasure, the restrictions pursuant to Sections 34 and 35 BDSG apply. Right to object: You can object to the processing of your data at any time. In this case, we will no longer process your data. Right of revocation: If we base data processing on your consent (cf. Art. 6 para. 1 lit. a and Art. 9 para. 2 lit. a GDPR), you have the right to revoke your consent at any time with effect for the future. This also applies if special categories of personal data are involved. The lawfulness of the processing of your data up to the time of the revocation remains unaffected.
In addition, there is a right of appeal to a data protection supervisory authority (Article 77 GDPR in conjunction with Section 19 BDSG). The data protection supervisory authority responsible for us is: State Commissioner for Data Protection and Freedom of Information of North Rhine-Westphalia. Kavalleriestr. 2-4 40213 Düsseldorf Tel.: 0221 / 38424-0 Fax: 0221/ 38424-10 Mail: firstname.lastname@example.org
Am I obliged to provide data? In order to be able to decide whether we want to establish an employment relationship with you, we need the personal data mentioned above. Without this data, we cannot carry out the application procedure. However, there is no legal obligation to provide this data as part of the application process.