Information on the processing of your data and consent to inclusion in an applicant database
We hereby inform you about the processing of your personal data in accordance with Art. 13 of the General Data Protection Regulation (GDPR) by Vesterling AG and the rights to which you are entitled under data protection law.
1. Controller responsible
The controller responsible according to article 4 VII GDPR is Vesterling AG, represented by the board members Mr. Martin Vesterling and Mr. Georg Ruëff, Elsenheimerstraße 49, 80687 Munich, Germany, telephone: +49 (089) 411114-0, e-mail: Welcome@Vesterling.com
2. Profile as an applicant
We intend to compile your profile as an applicant and to at it to our database (applicant pool). The data will not be passed on to third parties without the consent of the applicant. We therefore process some of your personal data. The categories of personal data processed include in particular your master data (such as first name, surname, name affixes), contact data (such as private address, mobile phone number, telephone number, e-mail address), all data resulting from your application documents (including health data, if applicable) and, if applicable, bank details (to reimburse travel expenses).
Your personal data is usually collected directly from you during the application process. In addition, we process personal data that we have permissibly obtained from publicly accessible sources (e.g. professional networks). If there is any discrepancy in your application documents regarding previous employment relationships or other legitimate interests, we may also process references obtained from previous employers.
3. Purposes and legal basis of data processing
We process your personal data in compliance with the provisions of the GDPR, the Federal Data Protection Act (BDSG – Neu) and all other relevant laws. The data processing serves exclusively to record your profile as an applicant in our database, to decide whether to place you in an employment relationship and for the placement itself. The legal basis for this is Art. 6 para. 1 lit. b) GDPR. You are entitled to revoke this consent at any time.
In addition, your separate consents in accordance with Art. 6 para. 1 lit. a), 7 GDPR may be used as data protection permission regulations.
Insofar as your application documents contain photographs, we regard this as an implied consent to the processing of the photograph. The legal basis is thus Art. 6 para. 1 lit. a) in conjunction with § 26 para. 2 BDSG 2018. You are entitled to revoke this consent at any time.
Insofar as special categories of personal data (in particular health data, e.g. a severe disability) are processed in accordance with Art. 9 I GDPR, this serves the sole purpose of fulfilling the obligations incumbent on us in accordance with § 164 SGB IX within the application process.
In case we intend to process your personal data for a purpose not mentioned above, prior to doing so we will inform you and provide you the legal basis for doing so.
4. Passing on of the data
Within our company, your personal data will only be given to persons and bodies who are responsible for processing it. The persons involved are our employees in the personnel placement department. Upon your request, your personal data will be forwarded to Vesterling Academy GmbH, a company affiliated with Vesterling AG, for purposes such as optimising application documents, checking certificates or outplacement. If a review of yor data shows a match and upon your express consent, we will transfer your profile to suitable customers so that their responsible bodies can check your data to see whether you are eligible as an employee for the operations of our respective customer. Service providers employed by us and acting on our behalf (so-called contract processors, cf. Art. 28 GDPR) may also process data for these purposes.
5. Application for internal positions
Vesterling is the recruitment consultancy for technology positions. We would be pleased if you would like to become part of our team and apply for a position in our company. In addition to filling technology positions, our clients constantly ask us to fill positions in HR, Finance and Office comparable to our internal positions as well as positions for university graduates.
We therefore do not differentiate between internal and external positions when processing your application. We compare your application with all suitable positions in order to provide you with the best possible support in achieving your career goals.
6. Transfer to third countries
We do not transfer personal data to third parties outside the European Economic Area (EEA).
7. Storage duration
If there is no legal retention period, the data will be deleted as soon as storage is no longer required or the legitimate interest in storage has expired. In individual cases, individual data may be stored for a longer period of time (e.g. travel expense report, proof of successful placements). The duration of the storage then depends on the legal storage obligations, e.g. from the German Fiscal Code (6 years) or the German Commercial Code (10 years) if applicable.
If you have given us your permission to store your personal data beyond the application procedure for a fixed period of time, this storage period applies.
8. Recommendation campaign
In the online application form you can indicate who recommended Vesterling to you. The recommending person will then receive a monetary bonus under certain conditions (including your placement by Vesterling). We would like to point out that the person recommending you will be made aware of the fact of your placement upon receipt of the bonus.
9. Data protection rights
You have the right to information in accordance with Art. 15 GDPR, the right to correction in accordance with Art. 16 GDPR, the right to deletion in accordance with Art. 17 GDPR, the right to restriction of processing in accordance with Art. 18 GDPR and the right to data transferability in accordance with Art. 20 GDPR. With regard to the right of information and the right of deletion, the restrictions according to §§ 34 and 35 BDSG apply.
10. Right of appeal
There is a right of appeal to the Bavarian State Office for Data Protection Supervision, Promenade 18, 91522 Ansbach, telephone: +49 (981) 180093-0, fax: +49 (981) 180093-800, e-mail: email@example.com as the competent data protection supervisory authority (Art. 77 GDPR in conjunction with § 19 BDSG).
11. Automated individual decision-making, including profiling
We do not use purely automated processing to make a decision – including profiling – on the establishment of an employment relationship.
Declaration of consent to the storage of applicant data
Vesterling helps applicants to achieve their career goals. We consider ourselves as a partner and companion of the applicants in their professional life. Vesterling intends to store your data as an aplicant in an applicant database.
In case the given application is not successful, the applicant agrees that Vesterling may store the personal data collected during the application process beyond the end of the concrete application process. The applicant agrees that Vesterling may use this data to contact him/her at a later date and continue the application process if the applicant should be considered for another position. As Vesterling accompanies applicants in their professional life and helps them to achieve their career goals, we store applicant data for up to nine years after the last application or the last job offer sent by us or until the applicant withdraws from the application.
If the applicant has himself/herself communicated “special categories of personal data” in his/her letter of application or other documents submitted by him/her during the application procedure in accordance with Art. 9 of the Basic Data Protection Regulation (e.g. a photo that shows his/her ethnic origin, information about being severely disabled, etc.), his/her consent also refers to this data. This consent also applies to data about his qualifications and activities from generally accessible data sources (especially professional social networks) that Vesterling has permissibly collected during the application process.
This consent is voluntary and has no effect on the chances in the current application procedure. The applicant can refuse it without justification. The applicant does not have to fear any disadvantages resulting from it. The applicant can also revoke his or her consent at any time, for example by sending an e-mail to Welcome@Vesterling.com; in this case, his or her data will be deleted, provided that no further claims can be expected from the application procedure. The data will only be passed on to third parties with the individual applicant’s consent.
Vesterling points out to the applicant that he/she can revoke the hereby given consent for data processing at any time. The revocation can be made in written form. Data processing remains permissible until Vesterling receives the revocation. The same applies to data processing on the basis of other permissions after receipt of the revocation.