Data protection information for applicants. The German version constitutes the original text. This English translation is provided for information purposes only.
Information on data protection about our data processing in accordance with articles (art.) 13, 14 and 21 of the General Data Protection Regulation (GDPR)
1. Body responsible for data processing and contact details
Responsible body in terms of data protection law
M Assist GmbH
Camp-Spich-Str. 5
53842 Troisdorf
Germany
Tel: +49 2241-1270-50
Fax: +49 2241-1270-590
Contact details of our data protection officer:
HEC Harald Eul Consulting GmbH
M-Assist GmbH Data Protection Officer
At level 34
50321 Brühl
2. Purposes and legal basis on which we process your data
We process personal data in accordance with the provisions of the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG) and other applicable data protection regulations. Details below. Further details or additions to the purposes of data processing can be found in the respective contract documents, forms, a declaration of consent and other information provided to you
2.1 Purposes for fulfilling a contract or pre-contractual measures (Art. 6 para. 1 b GDPR)
Your personal data is processed to process your application for a specific job advertisement or as an unsolicited application, and in this context, in particular for the following purposes.
2.2 Purposes within the scope of a legitimate interest of us or third parties (Art. 6 para. 1 f GDPR)
In addition to the actual fulfilment of the (pre) contract, we may process your data if it is necessary to protect the legitimate interests of us or third parties. Your data will only be processed if and to the extent that no overriding interests on your part speak against corresponding processing, in particular for the following purposes, in particular for the following purposes: measures to develop existing systems, processes and services; training and (further) development of AI applications, where applicable; comparisons with European and international anti-terrorist lists and further fraud or misuse prevention measures, insofar as the legal obligations go beyond legal obligations; Enriching our data, including by using or researching publicly available data where necessary; benchmarking and other comparison and selection procedures, where appropriate using artificial intelligence (AI); development of scoring systems or automated decision-making processes; building and plant safety (e.g. through access controls and video surveillance), insofar as general due diligence requirements goes beyond general due diligence requirements; internal and external investigations, security reviews.
Your personal data may also be processed for specific purposes (e.g., obtaining references from previous employers or using your data for future vacancies) based on your consent. As a rule, you can revoke this consent at any time. You will be informed separately in the relevant consent text about the purposes and consequences of revoking or refusing consent. As a general rule, the revocation of consent only applies to the future. Processing that took place before the revocation is not affected and remains lawful.
2.3 Purposes to comply with legal requirements (Art. 6 para. 1 c GDPR) or in the public interest (Art. 6 para. 1 e GDPR)
Like everyone who participates in economic activity, we are also subject to a variety of legal obligations. These are primarily legal requirements (e.g. Works Constitution Act, Social Code, commercial and tax laws), but also, where applicable, regulatory or other official requirements (e.g. professional association). The purposes of processing may include identity and age verification, fraud and money laundering prevention (e.g. reconciliation with European and international anti-terrorist lists), occupational health management, ensuring occupational safety, compliance with tax control and reporting obligations, and archiving data for data protection and data security purposes as well as for audit by tax advisors/auditors, tax and other authorities. In addition, disclosure of personal data may be required as part of authorities/court measures for the purposes of collecting evidence, prosecuting or enforcing civil claims.
2.4 The categories of data processed by us, insofar as we do not receive data directly from you, and their origin
Insofar as this is necessary for the contractual relationship with you and the application you have submitted, we may process data legitimately received from other bodies or from other third parties. In addition, we process personal data that we have legitimately obtained, received or acquired from publicly available sources (such as trade and association registers, registration registers, press, Internet and other media), insofar as this is necessary and we may process this data in accordance with legal regulations.
3. Relevant categories of personal data may in particular include:
4. Recipients or categories of recipients of your data
Within our company, those internal offices or organizational units that need it to fulfill our contractual and legal obligations or in the context of processing and implementing our legitimate interest will receive your data. Your data will be passed on to external bodies solely
Furthermore, we will not share your data with third parties unless we inform you separately. Insofar as we engage service providers as part of order processing, your data is subject to the security standards set by us in order to adequately protect your data. In other cases, recipients may only use the data for the purposes for which it was transmitted to them.
5. Duration of storage of your data
In principle, we process and store your data for the duration of your application. This also includes the initiation of a contract (pre-contractual legal relationship).
In addition, we are subject to various storage and documentation obligations, including the Commercial Code (HGB) and the Tax Code (AO). The storage and documentation periods specified there are up to ten years beyond the end of the contractual relationship or the pre-contractual legal relationship. If you are not employed, the original of your application documents will be returned to you after six months. Electronic data will be deleted accordingly after six months. If we want to store your data longer for later vacancies or if you have added your data to a pool of applicants, the data will be deleted at a later stage; details of this will be provided to you in connection with the respective process.
If the data is no longer required to fulfill contractual or legal obligations and rights, they are regularly deleted, unless their - temporary - further processing is necessary to fulfill the purposes listed in section 2.2 due to an overriding legitimate interest of our company. Such an overriding legitimate interest exists, for example, when deletion is not possible due to the particular type of storage or is only possible with disproportionate effort. In these cases, we can store your data even after the end of our contractual relationship for a period of time agreed with the purposes and, if necessary, use it to a limited extent. In principle, in these cases, deletion is replaced by a restriction of processing. In other words, the data is blocked against normal use by appropriate measures.
6. Processing of your data in a third country or by an international organization
Data is transferred to bodies in countries outside the EU/EEA European Economic Area (so-called third countries) if it is necessary to fulfill a contractual obligation to you (e.g. application for a job abroad), or if it is in the context of a legitimate interest of us or a third party, or if you have given us consent.
Your data may also be processed in a third country in connection with the involvement of service providers as part of order processing. Insofar as there is no decision by the EU Commission on an adequate level of data protection in the country concerned, in accordance with EU data protection requirements, we ensure through appropriate contracts that their rights and freedoms are adequately protected and guaranteed. Information about the appropriate or appropriate guarantees and how and where to obtain a copy of them can be obtained upon request from the company data protection officer or the personnel department responsible for you.
7. Your data protection rights
Under certain conditions, you can assert your data protection rights against us.
Every data subject has the right to information under Article 15 GDPR, the right to correction under Article 16 GDPR, the right to deletion under Article 17 GDPR, the right to restrict processing under Article 18 GDPR and the right to data portability under Article 20 GDPR. The right to information and the right of deletion are subject to the restrictions set out in Sections 34 and 35 BDSG. In addition, there is a right of appeal to a data protection supervisory authority (Article 77 GDPR in conjunction with Section 19 BDSG).
If possible, your requests to exercise your rights should be addressed in writing to the address given above or directly to our data protection officer.
8. Scope of your obligations to provide us with your data
You only need to provide the data that is necessary to process your application or for a pre-contractual relationship with us or that we are legally obliged to collect. Without this data, we will generally be unable to continue the application and selection process. If we also request data from you, you will be informed separately that the information is voluntary.
9. Existence of automated decision-making in individual cases (including profiling)
We do not use purely automated decision-making processes in accordance with Article 22 GDPR. Should we use such a procedure in individual cases in future, we will inform you separately, provided that this is required by law.
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1. You have the right to object at any time to the processing of your data based on Art. 6 para. 1 f GDPR (data processing on the
basis of a balance of interests) or Art. 6 (1) e GDPR (data processing in the public interest), to file an objection. However, the prerequisite is that there are reasons for your objection that arise from your particular personal situation. This also applies to profiling based on this provision within the meaning of Art. 4 No. 4 GDPR.
If you file an objection, we will no longer process your personal data unless we can prove compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
You can of course withdraw your application at any time.
2. It is not planned to use your personal data for direct marketing purposes. Still, we have to tell you about it
Inform that you have the right to object to advertising at any time; this also applies to profiling, insofar as it is associated with such direct marketing. We will consider this contradiction for the future.
The objection can be made form-free and should, if possible, be addressed to
M Assist GmbH
Camp-Spich-Straße 5
53842 Troisdorf
As of May 25, 2019