Data protection information for applicants in accordance with Articles 13, 14 of the General Data Protection Regulation DSGVO 2018-05-25. Data protection is an important concern for us. Below we inform you how we process your data and what rights you have.
1. Who is responsible for data processing and whom can you contact?
Barlian Management Consulting GmbH
Phone: +49 931 465580
Person responsible in the sense of the DSGVO:
Marianne Barlian, Aleksandar Dino Trslic und Alexander Röhrs
2. For what purposes and on what legal basis is data processed?
We process your personal data in compliance with the provisions of the EU General Data Protection Regulation (DS-GVO) and the German Federal Data Protection Act (BDSG).
First and foremost, data processing serves to establish an employment relationship. The primary legal basis for this is Article 88 (1) DS-GVO in conjunction with Section 26 (1) BDSG.
Your data will be processed exclusively for filling the specific position for which you have applied.
2.1 Consent (Art. 6 para. 1 letter a DSGVO)
If you have given us consent to process personal data, the respective consent is the legal basis for the processing mentioned there. You can revoke consent at any time with effect for the future.
2.2 Fulfillment of contractual obligations (Art. 6 para. 1 letter b DSGVO)
We process your personal data for the purpose of handling the application process. The processing may also take place electronically. This is particularly the case if you send us your application documents electronically, for example by e-mail or application form.
2.3 Fulfillment of legal obligations (Art. 6 para. 1 c DSGVO)
We process your personal data when this is necessary to fulfill legal obligations.
2.4 Legitimate interest of us or third parties (Art. 6 para. 1 f DSGVO)
We may also use your personal data on the basis of a balance of interests to protect the legitimate interest of us or third parties. This is done for the following purposes:
- for the limited storage of your data, if deletion is not possible or only possible with disproportionate effort due to the special type of storage.
- for the assertion of legal claims and defense in legal disputes that are not directly attributable to the contractual relationship.
3. What personal data do we collect and where does it come from?
The following data are processed:
- Core data (surname, first name, date of birth)
- Work permit/residence title, if applicable
- Contact information(e-mail-, address, telephonenumber)
- Complete application documents (such as curriculum vitae, certificates, references)
- If relevant for the position: health suitability
Your personal data is generally collected directly from you as part of the recruitment process, in particular from the application documents, the interview, and the personnel questionnaire.
4. Who receives your data?
Within our company, only those persons and departments (e.g. HR department, management) will receive your personal data that are involved in the decision about your employment. In addition, the following offices may receive your data:
- Processors used by us (Art. 28 DSGVO), service providers for supporting activities, and other data controllers within the meaning of the DSGVO, in particular in the areas of applicant management software, IT services, and support/maintenance of IT applications.
- Public bodies and institutions in the event of a legal or official obligation under which we are obliged to provide information, report, or pass on data.
- other entities for which you have given us your consent to transfer data.
5. Transfer of your data to a third country or to an international organization
Data processing outside the EU or the EEA does not take place.
6. How long do we store your data?
In the event of employment, we will transfer your application documents to your personnel file. After the termination of the employment relationship, we will continue to store those personal data that we are legally obligated to retain. This regularly results from legal obligations to provide proof and to retain data, which are regulated, among other things, in the German Commercial Code (Handelsgesetzbuch) and the German Fiscal Code (Abgabenordnung). The storage periods are then up to ten years. In addition, personal data may be retained for the period during which claims can be asserted against us (statutory limitation period of three or up to thirty years). If we are unable to make you a job offer, you reject a job offer, withdraw your application, revoke your consent to data processing, or request us to delete the data, the data you have submitted, including any remaining physical application documents, will be stored or retained (retention period) for a maximum of six months after completion of the application process in order to be able to trace the details of the application process in the event of discrepancies (Art. 6 (1) f DSGVO). An exception to this is if you have given us consent for longer retention (applicant pool).
7. To what extent is there automated decision-making in individual cases (including profiling)?
We do not use any purely automated decision-making processes pursuant to Article 22 of the GDPR. Should we use these procedures in individual cases, we will inform you of this separately, insofar as this is required by law.
8. What rights can you assert as a data subject?
You have the right to information under Art. 15 GDPR, the right to rectification under Art. 16 GDPR, the right to erasure under Art. 17 GDPR, the right to restriction of processing under Art. 18 GDPR and the right to data portability under Art. 20 GDPR.
In addition, there is a right of appeal to a data protection supervisory authority (Art. 77 GDPR). In principle, there is a right to object to the processing of personal data by us pursuant to Article 21 of the GDPR. However, this right of objection only applies in the case of very special circumstances of your personal situation, whereby rights of our company may possibly conflict with your right of objection. If you wish to exercise one of these rights, please contact our data controller within the meaning of the GDPR via email@example.com.
9. Are you obliged to provide your data?
You only need to provide the data that is required for the application process. Without this data, we will generally not be able to conclude an employment contract with you. If we request additional data from you, you will be informed separately that the information is voluntary.
10. Your right to complain to the competent supervisory authority
You have a right of appeal to the data protection supervisory authority (Art. 77 DSGVO). The supervisory authority responsible for us is:
Bayerisches Landesamt für Datenschutzaufsicht (Bavarian State Office for Data Protection Supervision)
Postal address: Postfach 1349, 91504 Ansbach, Germany
Address: Promenade 18, 91522 Ansbach, Germany