Data Protection Advice Notes for Applicants

We are committed to complying with all applicable data protection laws and strive to consistently adhere to the principles of data avoidance and data minimization.

1.1 Name and contact details of the controller

These Data Protection Notes apply to data processing by:

foobar Agency GmbH
Ria-Burkei-Straße 25
81249 München

Telefon: +49 89 244174840
E-Mail: datenschutz@foobar.agency

1.2 Contact details of the Data Protection Officer

You may contact our Data Protection Officer at the following address:

SiDIT GmbH, www.sidit.de, E-Mail: info@sidit.de

2.1. Collection and storage

If

• you initiate contact with us for the first time,
• you submit an application to us,
• we contact you for the first time based on your applicant profile on applicant portals such as Experteer and/or Indeed or
• we contact you for the first time based on your profile on professional social media platforms such as LinkedIn and/or XING,

we will usually process the following information:

• salutation, first name, surname,
• address,
• a valid email address,
• telephone number (landline and/or mobile),
• all other details you have included in your application documents (in particular: curriculum vitae, certificates),
• all other data you have uploaded to your applicant profile on applicant portals
• all other data you indicate in the course of the application process (in application questionnaires, interviews etc.),
• special categories of personal data which you have provided voluntarily

2.2 What do we process your data for (purpose of processing) and on what legal basis?

In the text which follows, we are going to inform you of the purpose for which we process your data and the legal basis for doing so.

2.2.1. For performance of contractual obligations and pre-contractual measures (Art. 6 (1) (b) GDPR)

We process your data to perform contractual obligations and to take steps prior to entering into a contract with you, i.e. in particular

• for internal processing of your application
• for executing the application process
• for corresponding with you
• for implementing or terminating an employment relationship
• for exercising or fulfilling rights and obligations arising from law or a collective agreement, works agreement or employment agreement
• for settling any liability claims which may exist and for asserting any claims against you.

2.2.2 Processing based on your consent (Art. 6 (1) (a) GDPR)

Basically, we will erase your data no later than 6 months after the end of the application process, provided there are no other reasons for retaining the data (see sec. 5). If you have given us your consent to process your personal data in connection with an “applicant pool”, we will erase that data no later than three years after the data are provided to us. It is the purpose of such “applicant pools” to enable us to consider you for future vacancies.

You may withdraw your consent at any time with future effect. We hereby inform you that withdrawal of consent will not affect the lawfulness of the processing carried out on the basis of consent prior to its withdrawal.

2.2.3. Based on legitimate interests (Art. 6 (1) (f) GDPR)

Furthermore, we may process your personal data insofar as this is necessary to defend against legal claims arising from the application process against us, based on legitimate interests (e.g., claims under the General Equal Treatment Act (AGG)), Art. 6 (1) (f) GDPR.

2.2.4. Processing due to legal requirements (Art. 6 (1) (c) GDPR)

We are subject to various legal obligations, such as statutory commercial retention and documentation obligations (under the German Commercial Code, the German Criminal Code or the German Tax Code).

2.2.5. Processing of special categories of personal data (Art. 9 (2) (GDPR)

We process the special categories of personal data you have provided to us if you have given us your consent pursuant to Art. 9 (2) (a) of the GDPR, or if processing is necessary to enable us to honour your rights under employment and social security as well as social protection law and to fulfil our obligations in this respect.

You may withdraw your consent at any time with future effect. We hereby inform you that withdrawal of consent will not affect the lawfulness of the processing carried out on the basis of consent prior to its withdrawal.

The transfer of personal data is also deemed processing within the meaning of the foregoing sec. 3.2. Nonetheless we wish to inform you again separately regarding the issue of disclosure of your personal data to third parties. The protection of your personal data is very important to us. For this reason, we are particularly careful when it comes to transferring your data to third parties.

Your personal data will usually be transferred to third parties for the following purposes:

• Processors with whom we have concluded an agreement in accordance with Art. 28 GDPR
• Accounting (e.g., tax advisors)
• Legal disputes (e.g., lawyers)
• Communications platforms (e.g., email, WhatsApp, other messenger services)

Your personal data will be erased by us when they are no longer necessary for the purposes for which they were collected or otherwise processed, where processing is no longer necessary for exercising the right of freedom of expression and information, for performing a legal obligation, for reasons of public interest or for asserting, exercising or defending against legal claims.

You have the following rights:

• pursuant to Art. 7 (3) GDPR, you have the right to withdraw your consent to us at any time. As a result, we will not be able to process the data based on that consent in the future.
• pursuant to Art. 15 GDPR, you have the right to request information regarding your personal data being processed by us. In particular, you may request information regarding the purposes of processing, the categories of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned retention period, the existence of a right of rectification, erasure, restriction of processing or objection, the existence of a right of appeal, the source of your data if not collected by us, and the existence of any automated decision-making process included profiling and, if applicable, meaningful information on the details of such data.
• pursuant to Art. 16 GDPR, you have the right to request prompt rectification of any incorrect or incomplete personal data stored by us.
• pursuant to Art. 17 GDPR, you have the right to request the erasure of your personal data stored by us, where they are no longer necessary for the purposes for which they were collected or otherwise processed, where the processing is no longer necessary for the exercise of the right of freedom of expression and information, for performance of a legal obligation, for reasons of public interest or for asserting, exercising or defending against legal claims.
• pursuant to Art. 18 GDPR, you have the right to request restriction of the processing of your personal data where the accuracy of the data is contested by you, the processing is unlawful but you oppose the erasure of the data and we no longer need the data, but they are required by you to assert, exercise or defend against legal claims or where you have lodged an objection to processing pursuant to Art. 21 GDPR.
• pursuant to Art. 20 GDPR, you have the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that they be transferred to another controller.
• pursuant to Art. 77 GDPR, you have the right to register a complaint with a supervisory authority. As a rule, you may contact the supervisory authority located at your usual domicile or workplace.

If your personal data are processed on the basis of legitimate interests pursuant to Art. 6 (1), 1st sentence, (f) GDPR, you have the right pursuant to Art. 21 GDPR to object to the processing of your personal data if there are reasons for objecting which arise from your personal situation. If you wish to exercise your right to object, then all you have to do is datenschutz@foobar.agency

Status: 08.11.2024