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

Information Obligations when Collecting Personal Data from Applicants (Art. 13, Art. 14 GDPR)
I. Who is responsible for data processing, and who is the Data Protection Officer?
The responsible party for data processing is:
DAMM & BIERBAUM
Agency for Marketing and Communication GmbH
Hanauer Landstraße 174-176
60314 Frankfurt am Main
Phone: +49 69 78 91 05-0
Email: info@dammbierbaum.de
Our Data Protection Officer at AGOR AG can be reached at info@agorag.com or by phone at +49 (0) 69 - 9494 32 410. Their contact information is also available online at www.agor-ag.com.
II. Which data categories do we use, and where do they come from?
The processed categories of personal data include, in particular:
➢ Your basic data (e.g., first name, last name, name affixes, nationality, date of birth)
➢ Contact data (e.g., home address, email address, (mobile) phone number)
➢ Your professional resume, education, and school qualifications
➢ Online data (e.g., username, password, IP address for online applications)
➢ Any other optional information provided, such as religious affiliation, nationality, photo, etc.
Your personal data is generally collected directly from you during the application process. In certain cases, due to legal requirements, your personal data may also be collected from other sources (especially authorities). Additionally, we may receive data from third parties (e.g., employment agencies).
III. For what purposes and on what legal basis is data processed?
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), and all other relevant laws (e.g., BetrVG, ArbZG, etc.).
The primary purpose of data collection and processing is to manage the application process. The primary legal basis for this is Art. 6(1) Sentence 1(b), Art. 88 GDPR, in conjunction with Section 26(1) BDSG.
Where necessary, we also process your data based on Art. 6(1) Sentence 1(f) GDPR to protect legitimate interests of ours or third parties (e.g., authorities). This is particularly applicable in criminal investigations (legal basis Section 26(1) Sentence 2 BDSG) or within the corporate group for purposes of corporate governance, internal communication, and other administrative purposes, as well as for statistical purposes.
Company-wide processing of personal data of employees is necessary for cost-saving reasons, to simplify and accelerate internal processes, to avoid errors, and in the interest of data economy and data minimization.
We also process your data to fulfill our legal obligations as a company, especially in the area of tax and social security law. This is based on Art. 6(1) Sentence 1(c) GDPR.
If necessary, we obtain your consent under Art. 6(1) Sentence 1(a) GDPR, which can be revoked at any time for the future, in the following cases: internal transfers within the corporate group, extended storage of application documents/applicant pool, and assessment centers.
If we intend to process your personal data for a purpose not mentioned above, we will inform you beforehand.
IV. Who receives your data?
Within our company, only those persons and departments (e.g., HR, works council, representative for severely disabled persons, department heads) that are responsible for managing the application process and deciding on the outcome of the application have access to your personal data.
Additionally, we use various service providers to fulfill our contractual and legal obligations. A list of the contractors and service providers with whom we have established ongoing business relationships is available upon request.
Personio SE & Co. KG
Seidlstraße 3
80335 München
Tel.: +49(89) 1250 1004
E-Mail: info@personio.de
Applicant management tool
LinkedIn Ireland Unlimited Company
Wilton Place
Dublin 2, Ireland
Job postings / professional network
Indeed Deutschland GmbH
Theo-Champion-Str. 2
40549 Düsseldorf
Job postings
Microsoft Corporation
One Microsoft Way
Redmond, WA 98052
Appointment coordination and meetings via Office 365 and Microsoft Teams
Google Ireland Limited
Gordon House
Barrow Street, Dublin 4
Ireland
Appointment coordination and communication via Gmail and Google Calendar
Furthermore, we may transfer your personal data to other recipients outside the company, where necessary to fulfill our contractual and legal obligations as an employer. These may include:
  • Authorities (e.g., Immigration Office, Federal Employment Agency, courts)
  • The applicant’s bank, if travel expenses are reimbursed
  • Attorneys
  • Former employers with the applicant’s consent
V. What rights can you exercise as a data subject?
The data subject has the right to request information from the controller regarding their personal data, as well as rights to rectification, deletion, restriction of processing, objection to processing, and data portability.
If the data subject has provided consent for further data usage, they have the right to revoke this consent at any time without providing a reason.
These rights can be exercised by contacting DAMM & BIERBAUM, Agency for Marketing and Communication, Phone: +49 69 78 91 05-0, Email: info@dammbierbaum.de.
In addition to the rights mentioned above, the data subject also has the option to contact the respective supervisory authority if they believe that the processing of their data violates the GDPR.
VI. How long will your data be stored?
Companies and employers in Germany are subject to various legal retention obligations, especially under the German Fiscal Code (AO) and the German Commercial Code (HGB). Regardless of this, there is a general retention period of three years for employment relationships according to Section 195 BGB.
If we enter into an employment contract with an applicant, the transmitted data will be stored for the purpose of managing the employment relationship in compliance with legal provisions.
If no employment contract is concluded with the applicant, the application documents will be deleted no later than six months after the rejection decision, provided there are no other legitimate interests of the controller that prevent deletion. Legitimate interests in this sense include, for example, the duty to provide evidence in a case under the General Equal Treatment Act (AGG).
If consent is given for longer storage, inclusion in the applicant tool, and/or data transfer within the corporate group, deletion will occur only after this period has expired, unless the applicant gives further consent for the aforementioned purposes.
VII. Are your data transferred to a third country?
Certain personal data are processed by Microsoft and Google in the United States. Under the “Data Privacy Framework” (DPF), the EU Commission has recognized the data protection level for certain companies in the U.S. as safe through the adequacy decision of 10.07.2023. The list of certified companies and further information on the DPF can be found on the U.S. Department of Commerce’s website at https://www.dataprivacyframework.gov/s/participant-search (in English).
VIII. Are you required to provide your data?
In the application process, you are required to provide the personal data necessary for deciding on the establishment of the employment relationship or that we are legally obliged to collect. Without this data, we will not be able to carry out the application process with you.
IX. Are automated decisions or profiling measures used?
No automated individual decisions or profiling measures are used.

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.