D. Data protection information for (former/potential) applicants (“participants”)
I. General information on the processing of data of (potential) participants
Talentscoutry TM GmbH is a management and personnel consultancy, personnel and management developer, recruitment agency and relocation service provider. Among other things, we recruit, qualify and place professionals and talents on a national and international level, especially of certified health and nursing staff for the purpose of permanent work-related migration to Germany.
(Potential) participants are therefore all persons 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 send us a speculative application using a form. You can also send us your application by e-mail or by post.
The placed applicants (“participants”) are comprehensively supported by us, from career planning to interview training, support in the application process, participation in professional further training and language qualifications, fulfilment of the (official) requirements for relocation and its implementation, right up to taking up employment in hospitals or other in-patient or out-patient (medical) care facilities.
For this purpose, we also process personal data in order to fulfil our legal and contractual obligations or other obligations under the law of obligations towards, among others, our customers (the applicants/participants), the (potential) employers, our service providers, our other contractual partners, 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, personal data is collected which is required in particular to identify you as an applicant, to conduct correspondence with you, to make a decision on the possible establishment of an employment relationship, and which is necessary for us to fulfil legal obligations.
We process personal data that we receive from interested parties, applicants and our (former) participants themselves. In addition, we process personal data that we permissibly receive from third parties, e. g. from our service providers and cooperation partners as well as from public authorities such as the Federal Employment Agency, tax offices, registration authorities, embassies and competent immigration authorities. We also process personal data that we are permitted to obtain and process from publicly accessible sources.
In particular, it may involve the following personal data:
- Personal details, e. g. name, date/place of birth, nationality, address, religious denomination, disability;
- Driver’s license data, criminal record, health data;
- Data on education/training and professional career;
- Employment data (e. g. company, start/end);
- Emergency contacts (phone 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 DS-GVO, the German Federal Data Protection Act (BDSG) and other relevant laws on the basis of your consent, Art. 6 (1) a) DS-GVO, for pre-contractual measures and for the fulfilment of (pre-) contractual obligations, Art. 6 (1) b) DS-GVO, for the fulfilment of legal obligations, Art. 6 (1) c) DS-GVO and within the framework of the balancing of interests, Art. 6 (1) f) DS-GVO, for the protection of legitimate interests of us or of third parties.
The collection and processing of data is based for the application procedure (in addition) on § 26 BDSG, Art. 88 DS-GVO, Art. 6 para. 1 b) and Art. 9 para. 2 b) DSGVO.
The processing of special categories of personal data, Art. 9 (2) DS-GVO, (e.g. health data) is carried out on the basis of your explicit consent or a legal permission, cf. Art. 9 (2) DS-GVO.
IV. Other (categories of) recipients
We will 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 come into question for the establishment and implementation 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 security institutions, 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 in third countries, namely the companies Microsoft Corporation (mail provider Microsoft Office 365), Datto, Inc (Cloud) and Evenly Odd, Inc. (“Knack”, applicant data platform).
Please note that when processing in with possibly inadequate levels of data protection there is a risk that your data may be processed by government agencies of the third country for control and monitoring purposes, without you always having adequate legal remedies against this.
VI. Storage period
We process your personal data as long as it is necessary for the fulfilment of our obligations under the law of obligations and the law or to protect the legitimate interests of us or of third parties. If the data is no longer required for the aforementioned purposes, it will be regularly deleted, unless you have given us your consent for further storage.
If we are unable to make you an offer, if you reject an offer from us or a potential employer, or if you withdraw your application, we reserve the right to store the data you have provided on the basis of our legitimate interests (Art. 6 (1) f) DS-GVO) for up to three months from the end of the application process (rejection or withdrawal of the application). Afterwards, the data will be deleted and the physical application documents destroyed.
The retention serves in particular for purposes of proof 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), the data will only be deleted when the purpose for continued storage no longer applies.
A longer storage can also take place if you have given a corresponding consent (Art. 6 para. 1 a) DS-GVO) or if legal storage obligations oppose the deletion.
VII Are you obliged to provide us with your data?
As an interested party, applicant and (potential) participant, you must provide such personal data as is required for the fulfilment of our legal and contractual or other obligations under the law of obligations and notify us without delay of any changes arising in the course of the business relationship.
If you do not provide us with the necessary data, we may not be able to fulfil our obligations resulting from the business relationship. Without this data, we will therefore usually have to refuse to conclude a contract with you or will no longer be able to perform an existing contract.
VIII Online meetings/trainings
In addition, your data may be processed during audio/video conferences, webinars, online meetings and online training courses such as language courses (in short “online meetings”, in each case closed groups without recordings). We use the following services for this purpose:
- “BigBlueButton”, an open source software tool.
- possibly another service requested by you, in which case you will be the data controller for 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, last name, 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, lesson attended; attendee IP addresses, hardware/software information;
- Meeting content data: Audio, video, and, if applicable, text data of what you might say 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 said meetings using BigBlueButton.
The legal basis for data processing when conducting online meetings is Art. 6 (1) a) DS-GVO (your consent), Art. 6 (1) b) DS-GVO, insofar as the online meetings are conducted for the purpose of establishing or implementing contractual relationships, otherwise Art. 6 (1) f) DS-GVO, because we have a legitimate interest in the effective conduct of online meetings.
Personal data processed in an online meeting is generally not disclosed to third parties unless it is intended for disclosure. Please note that content from online meetings, as well as face-to-face meetings, is often used to communicate information with customers, prospects or third parties and is therefore intended for disclosure.
IX. Applicant database
If we are unable to find you an offer, we may be able to include you in our applicant database. In the event of inclusion, all documents and details from the 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) DS-GVO). The submission of the 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, unless there are legal reasons 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