Legal

Data privacy policy for applicants

We are delighted that you would like to apply to work with us. In the following, we will explain how we use your personal data as part of the application process and also provide other information relevant to your personal details.

Who is responsible for processing your personal data?

tolingo GmbH, Winterstraße 2, 22765 Hamburg (hereinafter referred to as “we” is the Controller within the meaning of the EU General Data Protection Regulation (“GDPR”).

Data protection officer

You can consult with our Data Protection Officer with respect to any questions that you may have in connection with the processing of your personal data and the safeguarding of your rights in accordance with the GDPR. Our Data Protection Officer’s contact details are:


datenschutzbeauftragter@tolingo.com
Herting Oberbeck Datenschutz GmbH
Hallerstr. 76, 20146 Hamburg
https://www.datenschutzkanzlei.de

We process personal data about you for the purposes of your application for an employment relationship insofar as this is necessary for the decision concerning the justification of commencing an employment relationship with us.

The legal basis for this is section 26 para 1 in connection with para. 8 sentence 2 Federal Data Protection Act.

Furthermore, we can process personal data about you insofar as this is necessary to defend legal claims made against us arising from the application process. The legal basis for this is Article 6 para. 1 letter f GDPR, for example the legitimate interest is a burden of proof in a process in accordance with the General Equal Treatment Act.

If an employment relationship is established between us we can continue to process personal data already received from you for the purpose of the employment relationship in accordance with section 26 para. 1 of the Federal Data Protection Act if this is required for the performance or termination of the employment relationship or to exercise or fulfil rights and obligations in the representation of the employee’s interests arising from legislation or a wage agreement, a works agreement or service agreement (collective agreement).

Your application documents will only be processed and taken note of for the application by responsible contacts in our company. All employees involved in data processing are obliged to maintain the confidentiality of your data.

Which categories of personal data do we process?

We process data related to your application. This may be general personal data about you (such as your name, address and contact details), information concerning your professional qualifications and school education or information on your professional development or other information that you transmit to us in connection with your application. We may also process information that you have made publicly available relating to your job such as a profile on professional social media networks.

Where does the personal data come from if it is not collected from you?

If we do not collect data directly from you and you have an active profile with a career portal, or if you disclose an inactive or only partially active profile in the context of the application process we can also collect personal data from there.

Do we intend to transfer your data to a third country?

Transmission to a third country is not envisaged.

How long will your data be stored?

We store your personal data for as long as it is required in order to make a decision about your application. If an employment relationship is not established between us we will store the data you have transmitted to us for up to three months after rejection of your application for the purpose of answering questions in connection with the application process or the rejection. This does not apply if statutory provisions preclude deletion of your data or continued storage of your data is necessary for providing evidence or if you have expressly consented to a longer retention period.

What rights do you have?

As an applicant, depending on the situation in the individual case, you have the following data protection rights which you may exercise or you can contact our Data Protection Officer at any time using the contact information provided in clauses 1 and 2:

  • Information

    You have the right to receive information concerning your personal data which is processed by us and request access to your personal data and/or copies of these data. This includes information concerning the purpose of the use, the category of the data used, the recipients thereof and persons authorised to access it and, where possible the planned duration of data storage or, if this is not possible, the criteria for determining this duration.

  • Correction, deletion or restriction of processing

    You have the right to request the correction of incorrect personal data about you by us without delay. You have the right to request supplementation of incomplete personal data - including by means of a supplementary explanation - taking into consideration the purposes of the processing.

  • Right to object

    If the processing of personal data about you is carried out on the basis of Article 6 para. 1 letter f GDPR

    you have the right to file an objection at any time against the processing of this data for reasons arising from your specific situation. We will then no longer process this personal data unless we can prove compelling and legitimate grounds for the processing which outweigh your interests, rights and freedoms, or the processing is required to pursue a claim, exercise or defend legal claims.

  • Right of revocation

    If processing is based on consent you have the right to revoke your consent at any time without affecting the legality of the processing that was carried out on the basis of consent up to the point of revocation. You can contact us or our Data Protection Officer at any time using the abovementioned contact data.

  • Right to erasure

    You have the right to request that we immediately erase personal data about you and we are obliged to erase personal data about you provided that the following reasons apply:

    The personal data is no longer required for the purpose it was collected for or was otherwise processed for

    You file an objection in accordance with the above clause 8.c against the processing and there are no overriding legitimate reasons for the processing.

    The personal data was illegally processed.

    The erasure of the personal data is necessary to comply with a legal obligation in accordance with European Union Law or the national law in the member state, which we are governed by.

     

    This does not apply if the processing is required:

    to fulfil a legal obligation, which necessitates the processing in accordance with European Union Law or Laws of the member states, which we are governed by.

    to pursue a claim, exercise or defend legal claims.

  • Right to restriction of processing

    You have the right to demand restriction of processing of your personal data by us if one of the following reasons applies:

    you dispute the accuracy of the personal data for a duration, which enables us to check the accuracy of the personal data,

    the processing is illegal and you refuse the deletion of the personal data and instead request the use of the personal data to be restricted;

    we no longer need the personal data for the purposes of processing, however you require them to pursue a claim, exercise or defend legal claims, or

    You have filed an objection against the processing in accordance with the above clause 8.c provided that it has not yet been determined if our legitimate reasons prevail over yours.

     

    If the processing was restricted in accordance with letter f. this personal data - may only be processed - aside from storage thereof - with your consent or to pursue a claim, exercise or

    Defend legal claims or to protect the rights of another natural or legal person or for reasons of substantial public interest in the European Union or a Member State. If you have effected the restriction on the processing of your data you will be informed before the restriction is lifted.

  • Right to complain

    Without prejudice to other administrative or legal remedy you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the provisions of the GDPR.

Necessity of providing personal data

Provision of personal data is neither statutorily nor contractually mandatory, nor are you obliged to provide personal data. However the provision of personal data is required for a contract to be concluded with respect to an employment relationship. This means that if you do not provide us with any personal data with your application we will not enter into an employment relationship with you.

No automated decision-making

No automated decision will be made in individual cases within the meaning of Art. 22 of the GDPR.