1. Controller’s name and contact information

TIMOCOM NG GmbH
Timocom Platz 1
40699 Erkrath
Tel.: +49 211 88 26 88 26
E-Mail: info.de@timocom.com

 

2. Contact information for our Data Protection Officer

You can contact our Data Protection Officer by sending a letter c/o Data Protection Office to the address listed above, or e-mail them at: datenschutz@timocom.com

 

3. Processing data as part of the application process

(1) We collect and save job applicant’s personal data as part of the application process for both advertised positions and speculative applications.

(2) All data included in your application will be collected and processed in order to select a suitable applicant for an advertised position. You decide which data we will process, as you are the person who sends the data to us. In order to select applicants, the application in question is also sent to supervisors within the relevant department. Application data can also be sent to other companies or supervisors within the corporate group as part of our decision making process.

(3)

As part of our search for suitable candidates, we conduct research on XING and LinkedIn and use the personal data published there by potential candidates to check whether the person is a good fit for us and, if necessary, to make contact. The basis for the research is our legitimate interest in filling positions with suitable persons. You have the right to object.

We do not process this data outside of these platforms unless an application process follows with your consent to the corresponding processing.

Information on data processing on XING can be found under Data protection on XING.  Information on data processing on LinkedIn can be found in the LinkedIn Privacy Policy.

(4) In the event that you enter into an employment contract with us, we may further process the data you have provided. Additional processing is carried out to implement or end your employment with us. We cannot employ you unless you send us data as part of your application.

(5) The legal basis is Section 26 German Federal Data Protection Act (BDSG) and Article 6 Paragraph 1 lit a) GDPR.

(6) TIMOCOM NG GmbH will only process special categories of personal data in the event that you have provided this data to us so that we can consider your application in its present form or in the event that this is required by law. This information will not inform the application process unless there is a legal requirement that it does so.

(7) The legal basis is Article 9 Paragraph 2 lit b) GDPR.

 

4. Personal Data Recipient

(1) Your personal data will only be provided to third parties in the event that doing so is required for contractual processing or accounting purposes, for order processing - taking into consideration Article 28 GDPR, or in the event that you have provided prior permission.

(2) We will never sell your personal data to third parties. Your personal data will only be forwarded to government institutions or offices in the event that the law requires us to do so or in the event that we have been ordered to do so by a court of law.

 

5. Smart Recruiters Applicant Tracking System

(1) For online applications, we use an online applicant tracking system from Smart Recruiters GmbH, Wilhelmstr. 118, 10963 Berlin, allowing you to easily apply for the position that is right for you. Mandatory information is marked as such, any additional information is provided voluntarily.

(2) You have the opportunity to apply in response to advertised positions, send a speculative application or sign up to receive job alerts. You will receive an e-mail confirming that your application is complete or that you have registered for the Job Alert system. Once your application is complete, you can continue to make changes until the deadline. If you do not complete your application, we will be unable to consider you for the position.

(3) When filling out your application, you can pause at any time and continue or make corrections at a later date. This is done via the e-mail you will receive with a personal link to your application. Please therefore ensure that you enter your name and e-mail address, so that we can send you this e-mail.

(4) Your application will be sent directly to the contact person at TIMOCOM NG GmbH and/or a subsidiary responsible for the position you are applying for. The legal basis for doing so is our legitimate interest in ensuring that applications are optimally distributed to the correct point of contact in accordance with Art. 6 Paragraph 1 Sentence 1 lit f) GDPR. This person will then coordinate further application processing. Your data can only be accessed by those people who require said access in order to ensure that our application process can be carried out correctly.

(5) If you have been recommended by a TIMO for a specific position and if you have agreed to this, we will also inform the recommending TIMO about the status of the application process (received/in progress/interview/get-to-know-you day/contract signed/rejected).

(6) If the application process ends without the applicant signing an employment contract, the data provided by the applicant will be deleted at the latest 6 months after the decision has been announced. The legal basis for this period is our other legitimate interests, e.g. documentation and evidence requirements for any potential proceedings in accordance with the Allgemeinen Gleichbehandlungsgesetz, the German General Act on Equal Treatment, and Art. 6 Paragraph 1 Sentence 1 lit f) GDPR.

(7) Should an applicant, despite a rejection, wish to be considered for additional potential positions within the company, then we will request permission from said applicant to further process their data. The data the applicant has provided will be deleted after a period of 1 year beginning on the day permission was granted, unless the applicant withdraws permission at an earlier date. The same applies to speculative applications.

(8) Permission can be withdrawn by contacting the addresses listed under Paragraphs 1 or 2.

 

6. Smart Recruiters Subcontractors

a.) AWS (Amazon Web Services) server location Frankfurt am Main

Smart Recruiters has selected the AWS German server centre as the hosting location for data processing. As a precaution, we would like to note that the US-based service provider AWS is used to process data, meaning that personal data might be transferred to the USA or that personal data located in Germany could be accessed from the USA, even though the EU Commission has not found that the level of data protection in the USA is generally adequate in accordance with EU standards, and the data may, in particular, be subject to access by security agencies without the affected party having adequate access to legal redress. In this case, the standard EU contractual clauses have been applied with additional implementation measures as the basis for the transfer of information.

It is thus the case that the personal data is processed in a third country. Smart Recruiters has signed an data processing contract, or DPA, with the AWS provider. The DPA meets the requirements laid out in Art. 28 GDPR.

An adequate level of data protection is guaranteed by the signing of the EU standard contractual clauses: Service Terms

b.) SendGrid, Inc., U.K.

Another Smart Recruiters subcontractor is SendGrid, Inc., U.K. They are responsible for saving, managing, securing the data and so on. Smart Recruiters has signed an data processing contract in accordance with Art. 28 GDPR with the provider. The personal data is processed in a third country.

The legal basis for transferring the data to the U.K. is the EU Commission’s adequacy decision, Art. 45 GDPR.

 

7. Data erasure and storage

TIMOCOM saves personal data for as long as is required to achieve the purpose in question. The data saved during collection is deleted once the legal storage and period of limitation has expired, or once the data is no longer required for the stated purpose, depending on which comes last.

We do not save application data for longer than 6 months in the event that the candidate did not get the job. Only with explicit permission will we save your personal data in our applicant pool for a period of one year.

 

8. Right to withdraw consent in accordance with Art. 21 Paragraph 1 GDPR

You can revoke permission to process your personal data in whole or in part at any time effective for the future, in accordance with Art. 6 Paragraph 1 lit a) GDPR. Please send your revocation to datenschutz@timocom.com , or by mail to the address above, marked c/o Data Protection Officer, Confidential.

 

9. Rights of the data subject

You have the following rights in relationship to TIMOCOM NG GmbH: the right to access your data (Art. 15 GDPR), to correct your data (Art. 16 GDPR), to have your data deleted (Art. 17 GDPR) and the right to data portability (Art. 20 GDPR) or to limit data processing (Art. 18 GDPR), as well as the right to object (Art. 21 GDPR) to your data being processed in accordance with Art. 6 Paragraph 1 lit. f) GDPR. Send the respective request using the contact options mentioned under point 1 or point 2.

If you believe that the processing of your data violates data protection law or your data protection rights have otherwise been violated in some way, you can lodge a complaint with the competent supervisory authority.

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