D. Data protection information for (former/potential) applicants (“participants”)
The following information applies in addition to the “Data protection information for (potential) applicants and participants”, which is provided to the addressees. In the event of inconsistencies, the latter information shall take precedence.
I. General information on the processing of data of (potential) participants
Talentscoutry TM GmbH is a management and personnel consultancy, personnel and executive development company, recruitment agency and relocation service provider.
Among other things, we recruit, qualify and place trainees, (qualified) specialists and talented individuals at national and international level for the purpose of permanent work-related migration to Germany, for example healthcare and nursing staff, other trainees/specialists in the care sector, (prospective) mechatronics engineers in the automotive/supplier sector, (prospective) specialists in the IT, catering and hotel sectors, etc.
(Potential) participants are therefore all those interested in an employment relationship and applicants as well as (former) participants in Talentscoutry’s personnel recruitment, training and placement services, in particular (potential) employees, trainees, interns and other employees of our contractual partners
Under the following link we offer potential participants the opportunity to submit a speculative application via a form, and you can also apply to us by e-mail or post.
We provide the applicants (“participants“) with comprehensive support, from career planning to interview training, support during the application process, participation in further professional training and language qualifications, fulfillment of the (official) requirements for relocation and its implementation through to the commencement of an employment relationship.
For this purpose, we also process personal data in order to fulfill our legal and contractual or other obligations under the law of obligations, including towards our contractual partners such as applicants/participants, (potential) employers, our service providers and our other contractual partners as well as towards public authorities and other third parties.
II. Sources of data; data (categories)
In the case of an application and as part of the applicant selection process, such personal data is collected that is necessary in particular to identify you as an applicant, to correspond with you, to make a decision on the possible establishment of an employment relationship, and which is necessary for us to fulfill legal obligations.
We process personal data that we receive from interested parties, applicants and our (former) participants themselves. We also process personal data that we receive from third parties in a permissible manner, e.g. from our service providers and cooperation partners as well as from public bodies such as the Federal Employment Agency, tax offices, registration authorities, embassies and the relevant immigration authorities. We also process personal data that we are permitted to obtain and process from publicly accessible sources.
This may involve the following personal data in particular:
- Personal details, e.g. name, date/place of birth, nationality, address, religious denomination, disability;
- Driving license data, certificate of good conduct, health data;
- Data on education/further training and professional career;
- Employment data (e.g. company, start/end date);
- Emergency contacts (telephone number, name);
- Financial data, e.g. remuneration, social benefits, bank details, tax number;
- Social security data such as insurance numbers, statutory health insurance, sick leave;
- IT usage data.
III. Purposes and legal bases of data processing
We process your personal data in accordance with the provisions of the GDPR, the Federal Data Protection Act (BDSG) and the other relevant laws on the basis of your consent, Art. 6 para. 1 a) GDPR, for pre-contractual measures and to fulfill (pre-) contractual obligations, Art. 6 para. 1 b) GDPR, to fulfill legal obligations, Art. 6 para. 1 c) GDPR and in the context of the balancing of interests, Art. 6 para. 1 f) GDPR, to protect our legitimate interests or those of third parties.
The collection and processing of data for the application procedure is (also) based on Section 26 BDSG, Art. 88 GDPR, Art. 6 para. 1 b) and Art. 9 para. 2 b) GDPR.
The processing of special categories of personal data, Art. 9 para. 2 GDPR, (e.g. health data) is based on your express consent or legal permission, see Art. 9 para. 2 GDPR.
IV. Other (categories of) recipients
We only pass on your personal data to third parties if the requirements of one of the aforementioned legal bases are met. Under this condition, the following recipients of your personal data, for example, come into question for the establishment and execution of the business relationship with you:
- Processors and other service providers, e.g. translators, service providers for IT, telephone, payment transactions;
- (Company) doctors;
- Education and training providers;
- Public bodies and institutions such as recognition/financial/foreigner/registration authorities, embassies, social insurance agencies, employment agency;
- Your (potential) employers;
- Our respective cooperation partners in the areas of sourcing and recruitment, personnel consulting/development/placement and relocation;
- Our partner company Start Medicare GmbH
V. On the transfer of data to a third country
Your personal data may also be processed outside the EEA, namely the data transferred to Microsoft Corporation (“Microsoft”; mail provider Microsoft Office 365), Datto, Inc, a Kaseya Holdings Inc. company (“Datto”; cloud) and Evenly Odd, Inc (“Knack”, platform for applicant data).
The European Commission has also certified that the USA has data protection standards comparable to the EEA standard by means of an adequacy decision, see https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en and https://eur-lex.europa.eu/eli/dec_impl/2023/1795/oj.
The aforementioned companies are certified under the EU-U.S. Data Privacy Framework, see https://privacy.microsoft.com/de-de/data-privacy-notice, https://www.kaseya.com/legal/kaseya-privacy-statement/ and https://www.knack.com/privacy/.
VI. Storage period
We process your personal data as long as it is necessary for the fulfillment of our contractual and legal obligations or to protect our legitimate interests or those of third parties. If the data is no longer required for the aforementioned purposes, it is regularly deleted unless you have given us your consent for further storage.
If we are unable to make you an offer, you reject an offer from us or a potential employer or withdraw your application, we reserve the right to retain the data you have submitted on the basis of our legitimate interests (Art. 6 para. 1 f) GDPR) for up to three months from the end of the application process (rejection or withdrawal of the application). The data will then be deleted and the physical application documents destroyed.
The retention serves in particular to provide evidence in the event of a legal dispute. If it is evident that the data will be required after the expiry of the 3-month period (e.g. due to an impending or pending legal dispute), deletion will only take place when the purpose for further storage no longer applies.
Data may also be stored for longer if you have given your consent (Art. 6 (1) a) GDPR) or if statutory retention obligations prevent deletion.
VII. Are you obliged to provide us with your data?
As an interested party, applicant and (potential) participant, you must provide the personal data required to fulfill our legal and contractual or other contractual obligations and notify us immediately of any changes that arise in the course of the business relationship.
If you do not provide us with the necessary data, we may not be able to fulfill our obligations resulting from the business relationship. Without this data, we will therefore generally have to refuse to conclude a contract with you or will no longer be able to perform an existing contract.
VIII. Online meetings/trainings
Your data may also be processed during audio/video conferences, webinars, online meetings and online training courses such as language courses (online meetings for short, in each case closed groups without recordings). We use the following services for this purpose:
- “BigBlueButton lern.link-Conference”, a program for web conferences from our processor lern.link GmbH, Kirchstr. 4, 82211 Herrsching, Germany, which is based on “BigBlueButton”, an open source software tool;
- “Moodle lern.link-LMS”, a learning management system of our processor lern.link GmbH, Kirchstr. 4, 82211 Herrsching, Germany, which is based on the open source learning platform “Moodle”;
- possibly another service requested by you; in this case, you are the data controller for data processing in the online meeting.
When using BigBlueButton for online meetings, various data are processed, also depending on the information you provide before and during participation in an online meeting. As a rule, the following personal data is processed, whereby optional information is marked accordingly in the application:
- User details: first name, surname, nickname (pseudonym) if applicable, user ID, e-mail address, password, profile picture if applicable;
- Sound and image of the user;
- Meeting/device data: Topic, description, the lesson attended; participant IP addresses, hardware/software information;
- Meeting content data: Audio, video and, if applicable, text data of any statements you make during an online meeting.
The purpose of processing your personal data is to be able to provide you with BigBlueButton as a tool for conducting online meetings and to be able to conduct the aforementioned meetings using BigBlueButton.
The legal bases for data processing when conducting online meetings are Art. 6 para. 1 a) GDPR (your consent), Art. 6 para. 1 b) GDPR, insofar as the online meetings are conducted for the establishment or execution of contractual relationships, otherwise Art. 6 para. 1 f) GDPR, because we have a legitimate interest in the effective conduct of online meetings, and, in the case of storage of information in the end user’s terminal equipment and access to information already stored in the terminal equipment, § 25 para. para. 1, para. 2 no. 2 TDDDG.
Personal data that is processed during an online meeting is not passed on to third parties unless it is intended to be passed on. Please note that content from online meetings, as with face-to-face meetings, is generally often used to communicate information with potential contractual partners, customers, interested parties or third parties and is therefore intended to be passed on.
IX. Applicant database
If we are unable to make you an offer, it may be possible to add you to our applicant database. If you are accepted, all documents and details from your application will be transferred to the applicant database in order to contact you in the event of suitable vacancies.
Inclusion in the applicant database takes place exclusively on the basis of your consent (Art. 6 para. 1 a) GDPR). Giving your consent is voluntary and is not related to the current application process.
You can revoke your consent at any time with effect for the future. In this case, the data will be irrevocably deleted from the applicant database, provided there are no legal grounds for retention.
The data from the applicant database will be irrevocably deleted no later than two years after consent has been given.
Please contact us if you have any questions.
Your team from Talentscoutry TM GmbH