Processing of (personal) data by the entity in charge of the online application process

Processing of (personal) data by the entity in charge of the online application process

Dear applicant,

In the following we would like to inform you about the processing of your personal data, which takes place within the application procedure.

1. Responsible entity

Controller for the processing of your data
HolidayCheck Group AG
Arabellastr. 23
81925 München
Deutschland
Data Protection Officer
You can contact our data protection officer by mail via the contact details listed under 1. (for the attention of the Data Protection Department) or via e-mail at datenschutzbeauftragter@holidaycheck.com.

2. Legal basis of processing

There is no legal or contractual obligation to provide your application documents. However, we would like to point out that a decision on your application or the establishment of an employment relationship is not possible without your application documents. We process your personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the applicable national data protection regulations.

Your application documents are regularly processed for the purpose of establishing an employment relationship and are therefore based on the legal basis of Section 26 (1) Sentence 1 Var. 1 BDSG.
If you also provide information on your religious affiliation, nationality or state of health in your application documents, we process these "special categories of personal data" on the legal basis of Section 26 (3) BDSG.
If you voluntarily provide us with further personal information during the application process that is not absolutely necessary to establish the desired employment relationship, your personal data will be processed on the basis of your consent pursuant to Section 26 (2) BDSG.
If you have agreed to the further storage of your application documents (after the end of the application process), we will also process your personal data on the basis of your consent pursuant to Section 26 (2) BDSG.
If you also provide us with special categories of personal data in this context, this processing will also be based on your consent pursuant to Section 26 (2), (3) sentence 2 BDSG.
You can revoke your consent to processing at any time for the future. The legality of the data processing carried out on the basis of the consent until the revocation is not affected by this.
In individual cases, the processing of your application documents is also necessary to fulfill our legal obligations. The processing is carried out on the basis of Art. 6 (1) sentence 1 lit. c DS-GVO in conjunction with the respective specific obligation. Legal obligations to process your personal data may arise, for example, from the requirements of the German Fiscal Code ("AO") or the German Commercial Code ("HGB").
The processing of your application documents may also be carried out to protect our overriding legitimate interests within the meaning of Art. 6 para. 1 sentence 1 lit. f Alt. 1 DS-GVO.
In individual cases, we approach applicants who might be suitable for a vacancy directly via professional networks such as Xing or LinkedIn and only process personal data that has been made publicly available within the professional network. The legal basis for this is Art. 6 (1) sentence 1 lit. f DS-GVO, whereby our legitimate interests lie in the targeted search, approach and recruitment of suitable applicants.
If we receive, provide or receive your application documents in the context of participation in recruiting and career events / job fairs, the basis of the processing is based on your consent. In addition, we publish job postings for working students via our company account on the job boards of some universities.Recruiting and career events?

3. Purpose of the processing

The relevant purpose of processing your personal data is for the purpose of establishing the intended employment relationship. In connection with this justification, the following purposes are also pursued:

processing for the purpose of determining suitability
processing for the purpose of contacting you within the scope of the application process (e.g. for queries, coordinating appointments, scheduling appointments, notifying you of decisions, etc.).
if applicable, processing for the purpose of including your application documents in our applicant pool, if you have consented to the inclusion and the associated longer storage period
processing for the creation of necessary contract documents and transfer of your application documents to the personnel file
processing for legal defense and enforcement, if there is a threat of unjustified claims based on the application process

4. Storage period / duration of processing

Your personal data will only be stored for as long as it is needed for the pursuit of the purposes stated under 3. or until you have revoked your consent to the processing.

This means that if your application does not lead to the establishment of an employment relationship, we will store your application documents for a maximum period of 6 months after the end of the application process.

Longer storage will only take place if this is required by law or in the specific case for the assertion, exercise or defense of legal claims for the duration of the legal dispute.

If you have declared your consent to longer storage after the end of the application process ("inclusion in the applicant pool"), we will generally store your personal data for 18 months after the end of the application process or until you revoke your declaration of consent if this should occur before the end of the 18 months.

If an employment, training or internship relationship is established following the application process, your application documents will initially continue to be stored to the extent necessary and permissible and then transferred to the personnel file.

5. Recipients of personal data; transfer to third countries

We pass on your personal data within the HolidayCheck Group AG group of companies exclusively to those departments and persons who require this data as part of the application process and in order to fulfill the legal obligations arising from the purposes listed in section 3.

We also pass on your data to external service providers who support us in processing it for the purposes listed above. This includes software, hosting and cloud service providers as well as service providers in the context of personnel administration and accounting or lawyers / attorneys for legal defense / enforcement. It is ensured that these aforementioned service providers process your application documents exclusively confidentially on the basis of separate contractual agreements.

As part of the Group-wide cooperation or transfer of functions between HolidayCheck Group AG companies, personal data is regularly transferred to Switzerland.

In addition, your personal data may also be transferred to third countries (countries outside the European Union or the European Economic Area) as part of the cooperation with our external service providers. In this case, we ensure that the recipient either has an adequate level of data protection (e.g., through an adequacy decision by the EU Commission or the conclusion of corresponding standard data protection clauses with the recipients) or has sufficient consent from you.

6. Automated decision-making

No automated decisions are made in individual cases as part of the application process.

7. Data subject rights

If we process your personal data in the context of your application, you have the right to information under Article 15 of the GDPR, the right to rectification under Article 16 of the GDPR, the right to erasure under Article 17 of the GDPR, the right to restriction of processing under Article 18 of the GDPR, the right to notification under Article 19 of the GDPR, and the right to data portability under Article 20 of the GDPR. In addition, you have the right to lodge a complaint with a data protection supervisory authority pursuant to Art. 77 DS-GVO if you believe that the processing of your personal data is not lawful. The competence of the supervisory authority depends on the registered office of the company to which you apply. The right of appeal is without prejudice to any other administrative or judicial remedy.

If the processing of data is based on consent, you are entitled to revoke your consent to the use of personal data at any time in accordance with Art. 7 DS-GVO. 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 retain certain data for a certain period of time in order to comply with legal requirements.

Insofar as the processing of personal data is carried out for the protection of legitimate interests pursuant to Art. 6 (1) lit. f DS-GVO, you have the right, pursuant to Art. 21 DS-GVO, to object to the processing of this data at any time for reasons that may arise from your particular situation. We will then no longer process this personal data unless we can demonstrate compelling legitimate grounds for the processing. These must override your interests, rights and freedoms, or the processing must serve the assertion, exercise or defense of legal claims.

To exercise these rights, please contact us using the contact details listed under 1. or send an informal email to datenschutz@holidaycheck.com.

Processing of (personal) data by the operator of the recruitment website

General information

This recruitment website is operated by Personio SE & Co. KG, which offers a human resource and candidate management software solution (https://www.personio.com/legal-notice/). Data transmitted as part of your application will be transferred using TLS encryption and stored in a database. The sole controller of this data within the meaning of article 24 of the GDPR is the enterprise carrying out this online application process. Personio’s role is limited to operating the software and this recruitment website and, in this context, being a processor under article 28 of the GDPR. In this case, the processing by Personio is based on an agreement for the processing of orders between the controller and Personio. In addition, Personio SE & Co. KG processes further data, some of which may be personal data, to provide its services, in particular for operating this recruitment website. We will refer to this in more detail below.

The controller

The controller under data protection law is:
Personio SE & Co. KG
Seidlstraße 3
80335 München
Tel.: +49 (89) 1250 1004
Entry in the commercial register
Commercial register entry number: HRA 115934
Registration Court: Amtsgericht München
Data Protection Officer contact: privacy@personio.com

Access logs (“server logs”)

Each access to this recruitment website automatically causes general protocol data, so-called server logs, to be collected. As a rule, this data is a pseudonym and thus does not allow for inferences about the identity of an individual. Without this data, it would, in some cases, be technically impossible to deliver or display the contents of the software. In addition, processing this data is absolutely necessary under security aspects, in particular for access, input, transfer, and storage control. Furthermore, this anonymous information can be used for statistical purposes and for optimizing services and technology. In addition, the log files can be checked and analyzed retrospectively when unlawful use of the software is suspected. The legal basis for this is §25 subsection 2 Sentence 2 TDDDG. Generally, data such as the domain name of the website, the web browser and web-browser version, the operating system, the IP address, as well as the timestamp of the access to the software is collected. The scope of this log process does not exceed the common log scope of any other site on the web. These access logs are stored for a period of up to 7 days. There is no right to object to this.

Error logs

So-called error logs are generated for the purpose of identifying and fixing bugs. This is absolutely necessary to ensure we can react as quickly as possible to possible problems with displaying and implementing content (legitimate interest). As a rule, this data is a pseudonym and thus does not allow for inferences about the identity of an individual. The legal basis for this is §25 subsection 2 Sentence 2 TDDDG. When an error message occurs, general data such as the domain name of the website, the web browser and web-browser version, the operating system, the IP address, as well as the timestamp upon occurrence of the respective error message and/or specification is collected. These error logs are stored for a period of up to 7 days. There is no right to object to this.

Use of cookies

So-called cookies are used on parts of this recruitment website. They are small text files which are stored on the device with which you access this recruitment website. As a general rule, cookies serve the purpose of ensuring secure access to a website (“absolutely necessary”), implementing certain functionalities such as standard-language settings (“functional”), improving the user experience or the performance of the website (“performance”), or placing targeted advertisements (“marketing”). On this recruitment website, we generally use only cookies that are absolutely necessary, functional or performance-related, in particular for implementing certain default settings such as language, for identifying the job advertising channel, or for analyzing the performance of a job advert via which a user accessed this recruitment website. The use of cookies is absolutely necessary for providing our services and thus for the performance of the contract (article 6 (1) b) of the GDPR). Period of storage: up to 1 month or until the end of the browser session Right to object: You can determine via your browser settings whether you allow or object to the use of cookies. Please note that deactivating cookies may result in limited or completely blocked functionalities of this recruitment website.

Rights of data subjects

If Personio SE & Co. KG as the controller processes personal data, you as the data subject have certain rights under Chapter III of the EU General Data Protection Regulation (GDPR), depending on the legal basis and the purpose of the processing, in particular the right of access (article 15 of the GDPR) and the rights to rectification (article 16 of the GDPR), erasure (article 17 of the GDPR), restriction of processing (article 18 of the GDPR), and data portability (article 20 of the GDPR), as well as the right to object (article 21 of the GDPR). If the personal data is processed with your consent, you have the right to withdraw this consent under article 7 III of the GDPR. To assert your rights as a data subject in relation to the data processed for the purpose of operating this recruitment website, please refer to Personio SE & Co. KG’s Data Protection Officer (see item B).

Concluding provisions

Personio reserves the right to adjust this data privacy statement at any point in time to ensure that it is in line with the current legal requirements at all times, or in order to accommodate changes in the services offered, for example when new services are introduced. In this case, the new data privacy statement applies to any later visit of this recruitment website or any later job application.