DSGVO / GDPR Confirmation
Bitte geben Sie unten Ihre persönlichen Daten ein, um sich mit unseren Datenschutzbestimmungen für Kandidaten einverstanden zu erklären.
Please enter below your personal data to accept our applicant related gdpr-conditions.
DATA PROTECTION CONDITIONS FOR APPLICANTS
Information on data protection regarding our processing of applicant data according to articles 13, 14 and 21 of the Data Protection Basic Regulation (DSGVO) of human cap solutions
Thank you for your interest in our company. In accordance with the provisions of Articles 13, 14 and 21 of the German Data Protection Ordinance (DSGVO), we hereby inform you about the processing of personal data transmitted by you in the application process and any personal data we may have collected and your rights in this regard. In order to ensure that you are fully informed about the processing of your personal data within the application process, please take note of the following information.
- RESPONSIBLE POSITION IN TERMS OF DATA PROTECTION LAW
human cap solutions
- PURPOSES AND LEGAL BASIS OF THE PROCESSING
We process your personal data in accordance with the provisions of the European Data Protection Basic Regulation (EU-DSGVO) and the Federal Data Protection Act (BDSG), insofar as this is necessary for the decision on the establishment of an employment relationship with our customers.
The legal basis for this is Art. 88 DSGVO in conjunction with § 26 BDSG-neu as well as, if applicable, Art. 6 para. 1 lit. b DSGVO for the initiation or execution of contractual relationships. With your consent, you allow us and our customers and potential customers to store and process your data.
Furthermore, we may process your personal data if this is necessary to fulfil legal obligations (Art. 6 para. 1 lit. c DSGVO) or to defend against legal claims asserted against us. The legal basis for this is Art. 6 para. 1 lit. f DSGVO. The legitimate interest is, for example, a duty of proof in proceedings under the General Equal Treatment Act (AGG).
If you give us your express consent to process personal data for specific purposes, the lawfulness of this processing is based on your consent in accordance with Art. 6 para. 1 lit. a DSGVO. A given consent can be revoked at any time, with effect for the future (see item 8 of this data protection information).
If an employment relationship arises between one of our customers and you, we and our customers may, in accordance with Art. 88 DSGVO in conjunction with § 26 BDSG-neu, process the personal data already received from you for the purposes of the employment relationship, insofar as this is necessary for the maintenance, implementation or termination of the employment relationship.
- CATEGORIES OF PERSONAL DATA
We only process data that is related to your application. This can be general data about your person (name, address, contact details etc.), information and documents about your professional qualifications and schooling, information about further professional training and, if applicable, other data that you send us in connection with your application.
- SOURCES OF THE DATA
We process personal data that we receive from you by post, e-mail or other digital communication channels (e.g. Linkedin, XING, What’s App, etc.) in the course of contacting you or applying for a job.
- RECIPIENT OF THE DATA
We pass on your personal data within our company and to companies of our customers as well as companies of potential customers to divisions and persons who need this data to fulfil contractual and legal obligations or to implement our legitimate interest. We may also pass on your personal data to companies affiliated with us and to companies interested in you as a worker, to the extent permitted by the purposes and legal bases set out in section 2 of this data protection information sheet.
By giving your consent within the framework of this agreement, you explicitly allow us to pass on your data in accordance with Article 3, to third companies that are interested or may be interested in you as a worker. You will be informed precisely which data will be passed on to whom and for which processing purposes before the data is passed on. The passing on of your data is justified according to § 26 paragraph 1 BDSG, as the potential employer must know the identity of an applicant in order to be able to decide on the establishment of an employment relationship.
As the potential employer only indirectly initiates the data processing via human cap solutions, he/she has to comply with the information obligations arising from Art. 13 and Art. 14. DSGVO must be observed. With this agreement, you release us from any possible responsibility for the incorrect application of the DSGVO regulations by our customers, potential customers, Internet service providers used by us and providers of applicant management systems and software as well as project management or CRM software.
Your personal data will be processed on our behalf on the basis of contract processing agreements in accordance with Art. 28 DSGVO. In these cases we ensure that the processing of personal data is carried out in accordance with the provisions of the DSGVO. The categories of recipients in this case are Internet service providers and providers of applicant management systems and software as well as project management or CRM software.
Data is otherwise only passed on to recipients outside the company if this is permitted or required by law, if the transfer is necessary to fulfil legal obligations or if we have your consent.
6. TRANSFER TO A THIRD COUNTRY
A transfer to a third country is not intended. If personal data is to be transferred to a recipient in a third country – i.e. a country outside the EU or EEA – or to an international organization, you will be informed about this before the data is transferred and asked for your consent.
7. DURATION OF DATA STORAGE
We will store your personal data permanently in our applicant pool until you revoke your consent, as the purpose of making the data available is to initiate employment relationships on your behalf, and cooperation with us is aimed at the continuous development of your professional career. With your agreement to our data protection conditions, we will store your data in our applicant pool in accordance with your declaration of consent.
If, following application procedures initiated by us, an employment relationship, training relationship, internship or freelance work with one of our customers or potential customers occurs, your data will continue to be permanently stored by us.
We point out that our customers and potential customers are obliged to conclude their own DSGVO agreements with you. We assume no liability for the use of your data by our customers and potential customers.
8. YOUR RIGHTS
Every data subject has the right of access under Art. 15 DSGVO, the right of rectification under Art. 16 DSGVO, the right of deletion under Art. 17 DSGVO, the right to restrict processing under Art. 18 DSGVO, the right of notification under Art. 19 DSGVO and the right to data transferability under Art. 20 DSGVO. In addition, you have the right of appeal to a data protection supervisory authority pursuant to Art. 77 DSGVO if you believe that the processing of your personal data is not lawful. The right of appeal is without prejudice to any other administrative or judicial remedy. If the processing of data is based on your consent, you are entitled under Art. 7 DSGVO to revoke your consent to the use of your personal data at any time. Please note that the revocation is only effective for the future. Processing that took place before the revocation is not affected. Please also note that we may have to store certain data for a certain period of time in order to comply with legal requirements (see item 7 of this data protection information). Insofar as the processing of your personal data pursuant to Art. 6 Para. 1 lit. f DSGVO is carried out to safeguard legitimate interests, you have the right pursuant to Art. 21 DSGVO to object to the processing of such data at any time for reasons arising from your particular situation. We will then no longer process this personal data unless we can prove compelling reasons for processing worthy of protection. These must outweigh your interests, rights and freedoms, or the processing must serve to assert, exercise or defend legal claims.
9. NECESSITY OF THE PROVISION OF PERSONAL DATA
The provision of personal data in the context of application processes is not required by law or contract. You are therefore not obliged to provide any information about your personal data. Please note, however, that this information is necessary for the decision on an application or the conclusion of a contract in relation to an employment relationship with our customers or potential customers. If you do not provide us with personal information, we cannot initiate employment relationships. We recommend that you provide only such personal data in your application as is necessary to complete the application.
10. AUTOMATED DECISION MAKING
Since the decision on your application is not exclusively based on automated processing, no automated decision is made in individual cases within the meaning of Art. 22 DSGVO.