c/o beck Service GmbH
Ericusspritze 4
20457 Hamburg
E-Mail: datenschutz.esche.pg@beckservice.gmbh
Decision on the establishment of an employment relationship, apprenticeship, internship or other contractual relationship
a. Purposes of data processing
We collect and process your personal data for the purpose of deciding on the establishment of a contractual relationship for which you have applied (employment relationship, apprenticeship, internship or other contractual relationship).
b. Legal basis
The legal basis for processing is the General Data Protection Regulation (GDPR) in conjunction with Section 26 of the Federal Data Protection Act (BDSG). If the contractual relationship for which you have applied is not an employment relationship within the meaning of Section 26 (8) BDSG (i.e. in particular not an employment relationship or employment for vocational training), the legal basis is Article 6 (1) (b) GDPR. If you give us your consent to the processing of your personal data, the legal basis for data processing is Article 6(1)(a) of the GDPR.
c. Criteria for the storage period
Personal data processed for the purpose of deciding whether to establish a contractual relationship will generally be deleted when the processing is no longer necessary for the decision on the establishment of a contractual relationship. The duration of storage therefore depends on the duration of the decision-making process.
If you have sent us a speculative application – i.e. an application that does not relate to a specific position advertised by us – we will also process your personal data in order to decide on the establishment of a contractual relationship. The above statements apply accordingly, whereby we will generally delete your data if we believe that your personal data is unlikely to be used to decide on the establishment of a contractual relationship.
If the processing of your personal data is based on consent, the storage period resulting from the declaration of consent and the possible exercise of your right of revocation are the decisive criteria for the storage period, whereby revocation does not affect processing based on other legal grounds.
a. Purposes of data processing
Under certain circumstances, your personal data may be used to assert, exercise or defend legal claims if you or the controller has legal claims or asserts them.
b. Legal basis, legitimate interests
The legal basis in these cases is Article 6(1)(f) of the GDPR. According to Art. 6(1)(f) GDPR, the processing of personal data is lawful if the processing is necessary to safeguard a legitimate interest of the controller or a third party, unless your interests and rights to exclude the processing outweigh the legitimate interests of the controller or the third party. The legitimate interests of the controller or third party lie in the assertion, exercise or defence of legal claims.
c. Criteria for the storage period
In individual cases, the storage period may therefore exceed the decision on the establishment of a contractual relationship. This would be the case, for example, if there are indications that you will assert claims against the controller. The data will then be stored for as long as the processing of the data is necessary for the assertion, exercise or defence of legal claims. The criteria for the storage period may include the time limits set out in the General Equal Treatment Act and the Labour Court Act (Section 15 (4) sentence 1 AGG; Section 61 b ArbGG) as well as limitation periods or statutory retention periods.
Storage may also take place if this is provided for or prescribed by European or national legislators in EU regulations, laws or other provisions to which the controller is subject.
The categories of recipients of your personal data include:
- External service providers who provide services for us within the scope of order data processing or other service contracts (e.g. IT services; banking services; communication services, services in the area of our financial management and the destruction of data carriers)
- Authorities, if applicable (e.g. the Federal Employment Agency)
- Courts in the context of legal disputes and other legal disputes.
- Courts and attorney at alw in the context of legal disputes and other legal disputes as well as legal advice.
- Certified auditors and tax advisors
- Where applicable, personnel consultants who support us in deciding whether to establish an employment relationship.
There is a possibility that, due to collaborative arrangements, e.g. in the field of IT service providers, particularly with regard to services in the area of maintenance and repair of IT systems, employees of a service provider in a country outside the European Union may become aware of your personal data and that this country does not have a level of data protection comparable to that of the European Union and, accordingly, the EU Commission has not determined that an adequate level of data protection exists by means of an adequacy decision. In such cases, your data protection interests are protected by the conclusion of so-called EU standard data protection clauses, which have been issued by the EU Commission and agreed with the processing body, or by other means. Our data protection officer can provide you with access to the contents of the EU standard data protection clauses or provide you with additional information. In doing so, we must take into account the overriding rights of third parties and/or legal or contractual confidentiality obligations that may prevent the disclosure of information in individual cases.
Any other transfer of your personal data to countries outside the European Union is not intended, but is also not excluded, provided that it is lawful.
You have the right to obtain information about the processing of your personal data (Art. 15 GDPR), to rectification (Art. 16 GDPR), to erasure (Art. 17 GDPR) and, where applicable, the right to restricted processing (Art. 18 GDPR). If the processing of your data is based on the legitimate interests of the controller or a third party, you may have the right to object on grounds relating to your particular situation (Art. 21 GDPR). Finally, you may have the right to data portability (Art. 20 GDPR). The detailed requirements for the aforementioned claims are set out in the General Data Protection Regulation and the Federal Data Protection Act.
If you submit a declaration of consent under data protection law as part of your application process, you have the right to revoke this at any time without affecting the legality of the processing carried out on the basis of your consent until revocation. The permissibility of processing the data on other legal grounds may also remain unaffected.
Without prejudice to any other administrative or judicial remedy, every data subject has the right to lodge a complaint with a supervisory authority if the data subject considers that the processing of personal data relating to him or her infringes this Regulation (Art. 77 GDPR). The supervisory authority responsible for us is: The Hamburg Commissioner for Data Protection and Freedom of Information, Klosterwall 6 (Block C), 20095 Hamburg, or from 5 June 2018: Kurt-Schumacher-Allee 4, 20097 Hamburg.
You are not obliged to provide us with personal data for the application process. However, without the information required to assess your suitability and availability and to contact you, we will not be able to carry out the application process.
Where legal bases are mentioned in this information, these are decisive for the processing of personal data in their respective versions.