INFORMATION ON HOW TO HANDLE YOUR DATA AS AN APPLICANT
An obligation under the General Data Protection Regulation
1. PRELIMINARY REMARK
The following points should provide you with information about your data. The legislator has determined which information is necessary for this.
Anyone who wants to know more about this can find this in the General Data Protection Regulation in Articles 12 to 22 and 34. The text of the General Data Protection Regulation is available on the Internet at the following https://gdpr-info.eu/ If you have any further questions regarding the General Data Protection Regulation, you can contact the data protection officer and/or the administration at any time.
2. WHAT IS PERSONAL DATA?
All information relating to a specific or identifiable person. A person is identifiable if he can be identified directly or indirectly. This can be done, for example, by assigning an ID such as a name, an ID number, location data, an online ID or one or more special characteristics.
3. BASIC INFORMATION
3.1 Who is responsible for the processing of my data?
The person responsible for data processing is the following company:
F + Z Baugesellschaft, branch of Hecker Bau GmbH & Co. LIMITED PARTNERSHIP
3.2 How can I contact you?
Phone +49 40/22923-100
Fax +49 40 22923 240
3.3 Which authority is responsible for control and compliance with data protection law?
Responsible data protection supervisory authority:
The Hamburg Commissioner for Data Protection and Freedom of Information
Monastery wall 6 (Block C), 20095 Hamburg
Phone: (040) 4 28 54 - 40 40
E-Fax: (040) 4 279 - 11811
E-Mail: mailbox@ datenschutz.hamburg.de
3.4 How can I contact the company's data protection officer?
The data protection officer of our company is Mr. Uwe Lüllemann. The data protection officer can be contacted as follows:
SK-Consulting Group GmbH
Osterweg 2; 32549 Bad Oeynhausen
E-Mail: datenschutz@ SK-consulting.com.
4. FURTHER IMPORTANT INFORMATION
4.1 Data collection in the application process (Why?)
Before you decide for us and us and for you, we want to get to know each other. In the first step, we regularly use the information and documents that you send us in writing or in text form. The next step is to get to know each other personally, during which we learn even more about each other. The purpose of this data collection is to make a well-founded decision for long-term cooperation.
4.2 Why may we do this?
The data protection law allows (according to § 26 paragraph 1 sentence 1 BDSG in conjunction with Article 88 paragraph 1 DSGVO) the collection of the data required for the establishment of the employment relationship. If you voluntarily provide us with information about yourself beyond what is necessary, this is permitted by data protection law within the framework of consent (in accordance with Article 6 paragraph 1 sentence 1 lit. a DSGVO).
The legal basis for the collection of the above-mentioned mandatory information is § 26 paragraph 1 sentence 1 BDSG in conjunction with Article 88 paragraph 1 DSGVO.
4.3 Who can receive data from me?
During processing, your data may be transferred to:
- Persons within our company who are directly involved in data processing (e.g. personnel department)
- Service providers who are contractually bound and bound to secrecy and who perform partial tasks of data processing
- External companies, if necessary. Examples of this are postal service providers for the delivery of letters
4.4 Will you transfer data from me to countries outside the European Union?
This is not planned by us. An exception to this would only be conceivable if you were to arrange this, e.g. if you would give us an account number of a bank outside the European Union to which we should transfer money. The legal basis for this is Article 6 paragraph 1 number b DSGVO, § 24 BDSG n.F., Article 49 paragraph 1 lit. b DSGVO
4.5 How long will you store my data?
We store your data during the period in which we need it in order to achieve the purposes described in 4.1 above. No later than six months after the decision, the documents shall be returned in paper form or the digital documents deleted. This period is a protection against claims under the General Equal Treatment Act (AGG). However, there may be statutory provisions (e.g. the Tax Code § 147) that force us to keep certain documents for six or ten years. After the retention period has expired, we delete data that is no longer required.
4.6 Do I have to provide my data?
In order to achieve the reasons described in point 4.1, it is necessary that you provide us with your personal data.
This is absolutely necessary for concluding a contract with you. We cannot enter into a contract with you if you do not provide us with them.
In the event of complaints, you can contact the competent supervisory authority at any time. The supervisory authority mentioned in point 3.3. is responsible for our company. You have the right to have this examined by a court, according to Article 78 DSGVO, against a supervisory authority and, according to Article 79 DSGVO, against our company.
4.7 Automated decision making / profiling
An automatic decision making / profiling does not take place.
5. WHICH RIGHTS DO I HAVE?
5.1 Notice regarding your rights
As a person affected by data processing, you have the following rights under the General Data Protection Regulation (hereinafter also referred to as "rights of data subjects"):
5.2 Rights to information (according to Article 15 DSGVO)
You have the right to request information as to whether or not we process personal data about you. If we process your personal data, you have a right to know,
- why we process your data (see also point 4.1);
- what kind of data we process from you;
- what kind of recipients, data should receive or receive from you (see also point 4.3);
- how long we will store your data; if an indication of the storage period is not possible, we must inform you how the storage period is determined (e.g. after expiry of legal storage periods) (see also point 4.5);
- that you have a right to correct and delete data concerning you, including the right to limitation of processing and/or the possibility of objection (see also points 5.2, 5.3 and following);
- that you have a right of appeal to a supervisory authority;
- where your data comes from if we did not collect it directly from you;
- whether your data is used for an automatic decision and, if this is the case, to find out what logic is the basis of the decision and what effects and implications the automated decision may have for you;
- that if data about you is transferred to a country outside the European Union, you are entitled to information as to whether and if so on the basis of which guarantees an adequate level of protection is guaranteed by the data recipient;
- that you have the right to request a copy of your personal data. Copies of data are always made available in electronic form. The first copy is free of charge; an appropriate fee may be charged for further copies. A copy can only be provided if the rights of other persons are not affected by this.
5.3 Right to correct data (according to Article 16 DSGVO)
You have the right to request us to correct your data if it is incorrect and/or incomplete. This right also includes the right to completion by supplementary declarations or communications. Corrections and/or additions must be made without culpable delay.
5.4 Right to delete personal data (according to Article 17 DSGVO)
You have the right to request us to delete your personal data if
- the personal data are no longer necessary for the purposes for which they were collected and processed;
- the data processing is based on a consent given by you and you have revoked the consent; however, this does not apply if there is another legal permission for the data processing;
- you have lodged an objection to a data processing whose legal permission is in the so-called "legitimate interest" (pursuant to Article 6(1)(e) or (f); however, deletion need not take place if there are overriding legitimate reasons for further processing;
- you have filed an objection to data processing for the purpose of direct marketing;
- your personal data have been processed unlawfully;
- is a child's data collected for information society services (=electronic services) on the basis of consent (pursuant to Art. 8 para. 1 DSGVO).
There is no right to delete personal data if
- the right to freedom of expression and information precludes the request for cancellation;
- the processing of personal data
- to fulfil a legal obligation (e.g. statutory retention obligations),
- to perform public duties and interests under applicable law (including "public health"), or
- for archiving and/or research purposes.
- the personal data is necessary to assert, exercise or defend legal claims.
The deletion must take place immediately (without culpable hesitation). If personal data has been made public by us (e.g. on the Internet), we must, to the extent technically possible and reasonable, ensure that other data processors are also informed of the request for deletion, including the deletion of links, copies and/or replications.
5.5 Right to limitation of data processing (according to Article 18 DSGVO)
You have the right to have the processing of your personal data restricted in the following cases:
- If you have disputed the accuracy of your personal data, you can demand that we do not use your data for other purposes for the duration of the verification and thus limit their processing.
- In the event of unlawful data processing, you may request that data use be restricted instead of deleted;
- If you need your personal data to assert, exercise or defend legal claims, but we no longer need your personal data, you can request us to restrict processing to the purposes of prosecution;
- If you have lodged an objection to data processing (pursuant to Art. 21 para. 1 DSGVO) (see also item 5.7) and it is not yet clear whether our interests in processing outweigh their interests, you may demand that your data not be used for other purposes for the duration of the examination and thus restrict their processing.
Personal data, the processing of which has been restricted at your request, may, subject to storage, only be used for the following purposes
- with their consent,
- to assert, exercise or defend legal claims,
- for the protection of the rights of other natural or legal persons, or
- for reasons of important public interest.
If a processing restriction is lifted, they will be informed of this in advance.
5.6 Right to data transferability (according to Article 20 DSGVO)
You have the right to request the data that you have made available to us in a common electronic format (e.g. as a PDF or Excel document).
You may also request us to transfer this data directly to another company (by a specific company), provided this is technically possible for us.
The prerequisite for you to have this right is that processing is carried out on the basis of consent or for the execution of a contract and by means of automated procedures.
the exercise of the right to data transferability shall not prejudice the rights and freedoms of others.
If you use the right to data transferability, you continue to have the right to data deletion in accordance with Article 17 DSGVO.
5.7 Right to object to certain data processing operations (according to Article 21 DSGVO)
If your data is processed in order to perform tasks in the public interest or to safeguard legitimate interests, you may object to such processing. You must explain to us the reasons for your objection arising from your particular situation. These can be, for example, special family circumstances or interests of secrecy worthy of protection.
In the event of an objection, we shall refrain from any further processing of your data for the aforementioned purposes, unless,
- there are compelling, legitimate grounds for processing which outweigh their interests, rights and freedoms, or
- the processing is necessary to assert, exercise or defend legal claims.
You can object to the use of your data for the purpose of direct advertising at any time; this also applies to profiling, insofar as it is connected with direct advertising. In the event of objection, we may no longer use your data for direct marketing purposes.
- Under no circumstances will we arrange or carry out direct advertising and/or profiling.
5.8 Prohibition of automated decisions/profiling (according to Article 22 DSGVO)
Decisions by us that result in a legal consequence for you or significantly affect you must not be based exclusively on automated processing of personal data. This also includes profiling. This prohibition does not apply if the automated decision
- is necessary for the conclusion or performance of a contract with you,
- is permitted by law if these legal regulations contain appropriate measures to protect your rights and freedoms as well as your legitimate interests, or
- with their express consent.
Decisions based exclusively on automated processing of specific categories of personal data (=sensitive data) are only admissible if they are based on
- your express consent or
- there is a significant public interest in the processing
and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.
5.9 Exercise of the rights of the persons concerned
To exercise the rights of the persons concerned, please contact the office named under point 3.2. Enquiries submitted electronically are generally answered electronically. The information, notifications and measures to be made available according to the DSGVO, including "the exercise of the rights of the persons concerned are generally provided free of charge. Only in the case of manifestly unfounded or excessive requests are we entitled to charge an appropriate fee for the processing or to refrain from taking action (according to Article 12 paragraph 5 DSGVO).
If there are reasonable doubts about your identity, we may require additional information from you for identification purposes. If we are unable to identify you, we are entitled to refuse to process your request. We will - as far as possible - inform you separately about a missing possibility for identification. (see Article 12(6) and Article 11 DSGVO).
Requests for information are usually processed immediately, within one month of receipt of the request. The deadline may be extended by a further two months, taking into account the complexity and/or number of requests; in the event of an extension, we will inform you of the reasons for the delay within one month of receipt of your request. If we do not act upon an application, we will inform you immediately within one month of receipt of the application of the reasons for this and inform you of the possibility of lodging a complaint with a supervisory authority or seeking legal redress. (see Article 12(3) and (4) DSGVO).
Please note that you can exercise your rights as a person concerned only within the framework of restrictions and limitations provided for by the Union or the member states. (Article 23 DSGVO)