Information on data protection for applicants in accordance with Art. 13, Art. 14 GDPR
1. To whom does the following data protection information apply?
(incl. note on encrypted email communication)
The following data protection information is directed exclusively at you as an applicant and is fundamentally limited to the processing of your personal data within the scope of our application procedure. As an employee, you will receive separate information on the processing of your personal data in the employment relationship in accordance with Art. 13, Art. 14 DS-GVO upon acceptance of your employment. To ensure data protection and data security, we also take the necessary technical and organisational measures in the application process. Therefore, the option of encrypted email communication using PGP/MIME is generally available to you. You can download our public key under the following link: Public key.
2. Who is responsible for processing your personal data?
The responsible entity in accordance with the GDPR is
Increase Your Skills GmbH
Katharinenstraße 21
04109 Leipzig
Tel.: (+49) 341 392 934 14
E-Mail: info@increaseyourskills.com
Please address any questions regarding the processing of your personal data to datenschutz@increaseyourskills.com.
3. For what purposes and on what legal basis do we process your personal data?
a) For the purpose of recruitment
In principle, we process your personal data in order to be able to carry out our application procedure with the aim of employing you in our company. The processing of your personal data in this regard is carried out in accordance with Art. 88 GDPR in conjunction with. § 26 BDSG. If you are hired by our company after completion of the application procedure, the further processing of your personal data will be carried out in accordance with Art. 88 GDPR in conjunction with § 26 BDSG. § Section 26 (1) BDSG.
b) For the purpose of defending legal claims
Furthermore, we may process your personal data for the defence of legal claims arising from the application procedure, insofar as this is necessary and in accordance with our legitimate interests. Our legitimate interest then consists of the possibility of providing evidence in proceedings under the General Equal Treatment Act (AGG). The legal basis for this is Art. 6 (1) f) GDPR.
4. What categories of personal data do we process from you and what are the sources of your data?
We generally process the following categories of personal data from you in order to carry out our selection process:
- Personal master data (e.g. title, first name, surname, address, date of birth, place of birth)
- Contact data (e.g. telephone numbers, email addresses)
- Photographs (e.g. application photos)
- Education (e.g. school education, training, further education)
- Performance records and information on previous employment (e.g. references, job references, performance appraisals, certificates)
- Personal data (e.g. work permit, matriculation)
- Provisional contract data (e.g. intended entry and exit dates, working hours, amount of remuneration, holiday entitlements)
- Portfolio (e.g. reference work, reference products)
We generally take your personal data from your application documents (e.g. cover letter, CV, attachments). We may also process personal data that you have made publicly available on professional social media networks, for example. The specific extent to which we process (e.g. collect or store) your personal data depends on what information you disclose to us about yourself, for example in your application documents. In individual cases, we may therefore also process special categories of personal data, such as health data or religious data, Art. 9 GDPR.
5. What are the categories of recipients of your personal data?
Under certain circumstances, it may be necessary for us to transfer your personal data to companies affiliated with us and freelance service providers (e.g. tax consultants) for the purpose of drawing up contracts or reviewing them. Furthermore, it may be necessary to transfer your data to courts or authorities, for example, if you assert legal claims against us arising from the application process.
6. Do we intend to transfer your personal data to a third country?
No, we do not intend to transfer your personal data to a third country, i.e. a country outside the EU.
7. How long do we store your personal data?
As a rule, we only store your personal data for as long as is necessary for the decision to establish an employment relationship with you. If no employment relationship is established between you and us, we delete your personal data after six months from receipt of our rejection letter. For storage beyond this point, we must have a legitimate interest (e.g. in the event of a legal dispute) or your consent (e.g. for your application to be taken into account in future job advertisements) in accordance with Article 6 (1) a) of the GDPR. In this case, we generally store your personal data for one year.
If we hire you, we store your personal data for the entire duration of the employment relationship in accordance with our information on data protection for employees.
8. What data protection rights do you have in connection with the processing of your personal data?
As an applicant, you have the following data protection rights, which may be subject to restrictions depending on the individual case. To exercise your rights, you can contact us at any time at datenschutz@increaseyourskills.com.
a) Right of access
You have the right to find out from us in particular which of your personal data we process, for what purposes and to which recipients we disclose your personal data and how long we store your data. In the case of information, you can request a copy of this data from us. The legal basis for your right of access is Art. 15 of the GDPR.
b) Right to rectification, erasure and restriction
You have the right to demand that we correct your personal data if your stored data is incorrect or no longer up to date, Art. 16 GDPR. Furthermore, you may be able to request the deletion or restriction (e.g. if you believe that the data we hold about you is incorrect) of your personal data from us, Art. 17, 18 GDPR.
c) Right to data portability
You have the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format, Art. 20 GDPR.
d) Right of objection
Insofar as we process personal data from you on the basis of Art. 6 (1) f) GDPR (legitimate interest), you have the right to object to the processing of such data on grounds relating to your particular situation, Art. 21 GDPR. In principle, we will then no longer process your personal data. An exception exists if we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the assertion, exercise or defence of legal claims. You can send your objection in writing or by e-mail to datenschutz@increaseyourskills.com.
e) Right to withdrawal
If you have given us consent to process your personal data, you have the right to revoke your consent at any time, Art. 7 (3) GDPR. However, your revocation is only effective for the future, so that the processing of your personal data that took place before the revocation is not affected by this. You can send your revocation informally in writing or by e-mail to datenschutz@increaseyourskills.com.
f) Right to lodge a complaint
If you believe that we are not processing your personal data lawfully, you have the right to lodge a complaint with the data protection supervisory authority, Article 77 of the GDPR. Your right of appeal is without prejudice to any other administrative or judicial remedy.
9. Do you need to provide us with your personal data?
No, because there is no legal or contractual requirement for you to disclose your personal data to us in the application process. However, without your personal or qualification information, we cannot make an appropriate selection to decide on an employment relationship with you. Consequently, we cannot employ you unless you provide us with personal data.
10. Is our decision about your employment based on an automated decision, including profiling?
No, we do not use automated decision-making including profiling as part of our application process.
Status 23.04.2020