Information on data protection in applicant management according to Art. 13 GDPR
In the employment relationship personal data are collected from you. Due to the new regulations in the General Data Protection Regulation (DS-GVO), we are obliged to inform you about the following in accordance with Art. 13 et seq. DS-GVO:
Your employer is responsible for the collection and processing of your data:
Fly away GmbH & Co. KG
represented by the managing director Dr. Daniela Schwarz
Tel. +49 911 8151-810
Fax +49 911 8151-815
The contact details of our data protection officer are:
Mr. Thomas Friedrich
Dr. Schwarz & Partner mbB
Tel. +49 911 8151-853
Your data will be collected and processed as part of the recruitment process or employment relationship.
The required data include in particular your master data (especially first and last name, name additions, citizenship), your contact details (especially private address, mobile and landline numbers, e-mail address), other employment data, such as: Time registration data, vacation time, disability time, skill data, social data, bank details, social security number, pension insurance number, salary data, tax identification number, special health data and possibly criminal history) as well as log data generated when using the IT systems.
Your personal data will mostly be collected directly from you. Due to legal regulations, your data will partially but also in other places, such. B. the tax office for occasion-related query tax-relevant information, the health insurance for information on incapacity periods or possibly other third parties, such as. job placement or publicly available sources (eg professional networks).
Your personal data will only be provided to those persons within our company who need it to fulfill our contractual and legal obligations, such as the human resources department, the accounting department, the specialist department, the works council or the representative body for the disabled.
If we use service providers to fulfill our contractual and legal obligations, they will also receive the necessary data. These are service providers involved in the preparation and processing of salary statements as well as notifications to the social insurance institutions (tax advice office).
Outside the company, we transmit your data to other recipients as necessary to fulfill our contractual and legal obligations. These other recipients include the social security funds, the health insurance fund, the pension insurance scheme, professional pension funds, the employment agency, the professional association, the tax authorities, accident and liability insurance, courts, banks, competent authorities, in order to be able to guarantee occupational pension entitlements or capital contributions; Third party debtors in the case of wage or salary seizures or insolvency administrator in the case of a private bankruptcy.
Your data will not be transmitted to a third country.
We process your personal data in compliance with all applicable laws, such as the DS-GVO, the Federal Data Protection Act (BDSG), the Works Constitution Act, the Working Hours Act, etc.
First and foremost, data processing serves to justify, implement and terminate the employment relationship. The relevant legal basis for this is Art. 6 para. 1 b) DS-GVO i.V.m. Section 26 (1) BDSG. In addition, collective agreements (group, collective and company agreements as well as collective agreements) may be issued in accordance with Art. Art. 6 para. 1 b) i.V.m. Art. 88 para. 1 DS-GVO i.V.m. § 26 Abs. 4 BDSG and possibly your separate consent in accordance with. Art. 6 para. 1 a), 7 DS-GVO i.V.m. § 26 Abs. 2 BDSG (for example, in video recordings) are used as a data protection law-licensing rule.
We also process your data in order to fulfill our legal obligations as an employer, in particular in the area of tax and social security law. This is done on the basis of Art. 6 para. 1 c) DS-GVO i.V.m. Section 26 BDSG.
Insofar as necessary, we also process your data on the basis of Article 6 (1) (f) DS-GVO in order to protect legitimate interests of us or of third parties (such as public authorities). This applies in particular to the investigation of criminal offenses (legal basis § 26 Abs. 1 S. 2 BDSG) or in the group for the purpose of group control, internal communication and other administrative purposes.
As far as special categories of personal data acc. Art. 9 (1) of the GDPR, in the context of the employment relationship this serves the exercise of rights or the fulfillment of legal obligations under labor law, social security law and social protection (eg providing health data to the Health insurance, registration of the severe disability due to additional leave and determination of the severely disabled person’s tax). This is done on the basis of Art. 9 para. 2 b) DS-GVO i.V.m. Section 26 (3) BDSG. In addition, the processing of health data for the assessment of your ability to work acc. Art. 9 para. 2 h) i.V.m. § 22 para. 1 b) BDSG be required.
In addition, the processing of special categories of personal data may be subject to consent pursuant to Art. 9 (2) a) DS-GVO i.V.m. Section 26 (2) BDSG (e.g. occupational health management). If we wish to process your personal data for a purpose not mentioned above, we will inform you in advance.
If your job application is rejected, the data you submit will be deleted six months after notification of the rejection. This does not apply if, due to legal requirements (for example, the burden of proof according to the General Equal Treatment Act), a longer storage is necessary or if you have expressly consented to a longer storage in our prospect database.
The storage period of the collected data is limited to the employment relationship. We will delete your personal information as soon as it is no longer necessary for the above purposes. Upon termination of the employment relationship, the data will be processed in accordance with the statutory or official retention periods, which may apply, inter alia. from the Commercial Code and the Tax Code, stored and then deleted. The storage periods are then up to ten years. In addition, it may happen that personal data for the period of the statutory limitation period of three or up to 30 years are kept, if claims can be asserted against us.
You have the right to inform the employer about the data stored about you. Under certain conditions, you may request the correction or deletion of your data. You may also be entitled to restrict the processing of your data and have the right to disclose the data you provide in a structured, common and machine-readable format.
Right to object:
You also have the right to object to the processing of your personal data for direct marketing purposes without giving any reason. If we process your data in order to safeguard legitimate interests, you can object to this processing for reasons that arise from your particular situation. We will then no longer process your personal information unless we can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is intended to assert, exercise or defend legal claims.
You have a right of appeal regarding the handling of your personal data by the above-mentioned data protection officer or the data protection supervisory authority. The regulatory authority responsible for you is:
Country Commissioner for Data Protection and Freedom of Information Baden-Württemberg
King Street 10a
D- 70179 Stuttgart
Tel. +49 711/61 55 41 0
Fax: +49 711/61 55 41 15
The provision of personal data is necessary for the establishment, implementation and termination of the employment relationship and constitutes a secondary contractual obligation of the employee. If we do not receive the required data, it is not possible to carry out the employment relationship with you.