Privacy Policy of ACTIA I+ME GmbH for Applicants (m/f/x)
As of: 14/01/2020
In the following, we, ACTIA I+ME GmbH (hereinafter referred to as “we”), are informing you in accordance with Art. 13 of the EU General Data Protection Regulation (“GDPR”), how we process your personal data as part of your application.
1. Who is responsible for processing your data?
The responsible office for data processing is:
ACTIA I+ME GmbH
Dresdenstr. 17/18
38124 Braunschweig
Telephone number: +49 (0) 531 38 701
E-mail: info@ime-actia.de
Managing Director: Maik Luschtinetz
2. Data Protection Representative
You can contact our Data Protection Representative regarding all of the questions related to your personal data and exercising your rights. He can be reached via the following contact details:
Kämmer Consulting GmbH
Datenschutzbeauftragter
Nordstr. 11
38106 Braunschweig
Telephone number: +49 (0) 531 702 249 0
E-mail: dsb-team@kaemmer-consulting.de
3. For which purposes and on which legal basis do we process your personal data?
We process personal data about you for the purpose of your application for an employment relationship, insofar as this is necessary for the decision about the establishment of an employment relationship with us. The legal basis for this is Section 26 Subsection 1 in conjunction with Subsection 8 S. 2 BDSG [German Data Protection Act].
Furthermore, we may process personal data about you, if it is necessary for defending from asserted legal claims against us from the application procedure. The legal basis of this is Art. 6 Subsection 1 Letter f GDPR, for example, the legitimate interest is a burden of proof in proceedings according to the General Equal Treatment Act (AGG).
If an employment relationship is established between you and us, we may continue processing personal data already received from you in accordance with Section 26 Subsection 1 BDSG for the purpose of the employment relationship, if this is necessary for the implementation or termination of the employment relationship or to exercise or fulfil the rights and duties of the interested parties arising from a law or a wage agreement, a service agreement (collective agreement).
4. Which categories of personal data do we process?
We process data, which are related to your application. This may be general data about you personally (such as your name, address and contact details), details about your professional qualification and school education or details about professional advanced training or other details, which you send to us in relation to your application. Furthermore, we can also process career-related information, which you have made publicly accessible, such as a profile on professional social media networks.
5. Which categories of recipients of your personal data exist?
As part of the application process, we also forward your data to persons in the company, who are entrusted with the selection process. During the course of providing the website, we have mandated an external IT service provider.
6. Is transmission to a third country intended?
Transmission to a third country is not intended.
7. For how long will your data be stored?
We will store your personal data for as long as necessary, to decide on your application. If an employment relationship is not concluded between you and us, we may also store data beyond this time, if it is necessary for defence against possible legal claims. The application documents are deleted six months after notification of the rejection decision, if longer storage is not required on the basis of legal disputes.
8. Which rights do you have?
As an applicant with us, depending on the situation, you have the following data privacy rights on a case-by-case basis; in order to exercise these, you may contact us at the details referred to under Clause 1 and 2 at any time:
a. Disclosure
You have the rights to request disclosure about your personal data processed with us, as well as gaining access to your personal data and/or copies of these data. This includes disclosures about the purpose of the use, the category of the data used, their recipients and parties with access authorisation and, if possible, the planned duration of the data storage or, if this is not possible, the criteria for the specification of this duration;
b. Correction, deletion or restriction of processing
You have the right to request the correction of the inaccurate personal data relating to you from us at once. In consideration of the purposes of processing, you have the right to request the supplementation of incomplete personal data – also using a supplementary declaration.
c. Right to object
If the processing of personal data relating to you occurs on the basis of Art. 6 Subsection 1 Letter f GDPR, you have the right to file an objection to the processing of these data, for reasons, which arise from your specific situation. We will then no longer process your personal data, unless we can provide evidence of mandatory protectable reasons for the processing, which outweigh your interests, rights and freedoms, or are for the purpose of processing the assertion, exercising or defence of legal claims.
d. Cancellation right
If the processing is based on a consent, you have the right to revoke the consent at any time, without the lawfulness of the processing, which has occurred on the basis of the consent until its revocation, being affected. For this, you can contact us or our Data Protection Representative at any time, under the aforementioned details.
e. Right to deletion
You have the right to request from us that personal data relating to you are deleted at once, and we undertake to delete personal data at once, if one of the following reasons applies:
- The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
- You file an objection against the processing, in accordance with 8.c above, and no overriding legitimate interests exist for the processing.
- The personal data have been processed unlawfully.
- The deletion of the data is required to fulfil a legal obligation under Union law or the law of the Member States, by which we are governed.
This does not apply, if the processing is required:
- to fulfil a legal obligation, which requires the processing according to the law of the Union or the Member States, by which we are governed.
- for the assertion, exercising or defence of legal claims.
f. Right to restriction of processing
You have the right to request that we restrict the processing, if one of the following preconditions exists:
- the accuracy of the personal data is disputed by you, for a duration, which enables us to check the accuracy of the personal data,
- the processing is unlawful and you reject the deletion of the personal data and instead, request the restriction of use of the personal data;
- we no longer require the personal data for the processing purposes, however, you require them to assert, exercise or defend legal claims, or
- you have filed an objection to the processing according to Number 8.c above, as long as it is not yet established, whether our legitimate interests outweigh yours.
If the processing has been restricted in accordance with this Letter f, these personal data – apart from their storage – may only be processed with your consent or for the assertion, exercising or defence of legal claims. or to protect the rights of other natural persons or legal entities or for reasons of an important public interest of the Union or a Member State.
If you have obtained a restriction of processing, we will notify you before the restriction is rescinded.
g. Right to complain
Without prejudice to other administrative law or judicial legal remedies, you are entitled to a right to complain to a supervisory authority, particularly in a Member State of your place of residence, your place of work or the location of the suspected infringement, if you are of the opinion that the processing of your personal data infringes the GDPR.
9. Necessity to provide personal data
The provision of personal data is neither legally nor contractually prescribed, nor are you obligated to provide the personal data. However, it is necessary for you to provide personal data for the conclusion of a contract for an employment relationship with us. This means that as long as you fail to provide us with personal data with your application, we will not enter into an employment relationship with you.
10. No automated decision-making
No automated decision-making occurs in an individual case within the meaning of Art. 22 GDPR, which means that the decision about your application is not based exclusively on automated processing.