Privacy Policy

In this privacy policy, ELA International GmbH (“Company”, “we”, “us”, “our”) would like to inform you about the processing of your personal data when visiting and surfing on our website www.elainternational.de. Below you will find information about what personal data the Company processes, the purposes for which it is used, with whom it is shared and any rights you may have.

 

1. Definitions

In this Privacy Policy the following terms have the following meanings:

  • ‘personal data’* means any information relating to an individual who can be identified, such as by a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

  • ‘processing’ means any operation or set of operations performed on personal data, such as collection, recording, organisation, structuring, storage (including archiving), adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

  •  ‘data controller’ means an individual or organisation which, alone or jointly with others, determines the purposes and means of the processing of personal data.

  • ‘data processor’ means an individual or organisation which processes personal data on behalf of the data controller.

  •  ‘consent’ means any freely given, specific, informed and unambiguous indication of an individual’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of persona data relating to him or her.

 

2. Introduction

All organisations that process personal data are required to comply with data protection legislation.  This includes in particular the EU General Data Protection Regulation (“GDPR”) and the applicable national data protection laws (together the ‘Data Protection Laws’).  The Data Protection Laws give individuals (known as ‘data subjects’) certain rights over their personal data whilst imposing certain obligations on the organisations that process their data.

The Company processes personal data in relation to website users, work-seekers and individual client contacts and is a data controller for the purposes of the Data Protection Laws.

 

   2.1 Job Seeker Registration

You have the possibility to register on the website. This allows you to store your favourite job searches and be alerted by email when jobs that match your specific needs are posted to the website. You will also be able to upload and update your CV and apply with one click to any number of job vacancies.

Upon registration, the Company processes the following personal data:

  • Name, email, phone number, CV, preferred form of contact.

In addition, you may provide further information on job search preferences voluntarily. The legal basis is Art. 6 para. 1 sentence 1 lit. b GDPR. The personal data will be stored for the time you keep your registration. Afterwards, your data will be deleted, unless the Company is legally obliged or entitled to further retain the data.

  2.2 Email job search alert

The website offers a job search. In this context, you may sign up for a job search email alert. In this case, the Company processes your job search criteria and your email and informs you via email if a new job fitting your search criteria becomes available on the website.

The legal basis is Art. 6 para. 1 sentence 1 lit. a GDPR. The sign up is voluntary and you may withdraw your consent at any time in the future. To unsubscribe just click on the unsubscribe link included in every email or contact the Company at gdpr.communications@elainternational.de.

  2.3 Job applicants to work for the Company

We include vacancies at the Company on the website. You can apply for a job with the Company via email. If you do so, the Company processes the following personal data:

  • Name, E-Mail as well as any other information you provide with the application (e.g. CV, certifactes).

The company processes these data for the purpose of applicant selection for an employment relationship. The entry of personal data is required to check the application and, if necessary, to conclude a personnel assignment at a later date. An application cannot be considered if no personal data is entered. The legal basis is Art. 6 para. 1 sentence 1 lit. b GDPR (in conjunction with the respective national provisions on employment data).

Your application documents and the personal data contained therein will be passed on internally to the responsible and decision-making employees. If the application procedure ends unsuccessful, your data is deleted within six months. If you are also interested in other positions, the Company will store your data for 12 months, unless you request deletion of the data beforehand.

  2.4 Newsletter

When you fill out the Job Seeker Registration you may also sign up for our email newsletter. If you decide to do so, we may regularly send you newsletters on new jobs, offers, recruitment trends, recruitment news & other German job market related information. via email.

The legal basis is Art. 6 para. 1 sentence 1 lit. a GDPR. The sign up is voluntary and you may withdraw your consent at any time in the future. To unsubscribe just click on the unsubscribe link included in every email or contact the Company at gdpr.communications@elainternational.de .

  2.5 Contacting the Company

When you contact the Company (e.g. by e-mail, by telephone), your e-mail address, your name and the content of the communication will be processed in order to answer your questions. In addition, all information that you voluntarily provide in the context of the request is stored. The legal basis is Art. 6 para. 1 sentence 1 lit. b GDPR, as this data processing is necessary to ensure customer service within the scope of the contractual relationship.

 

3. Processing in the course of providing recruitment services

The Company is a recruitment business, which provides work-finding services to its clients and applicants. The Company must process personal data (including sensitive personal data) so that it can provide these services.

 

  3.1 Processing personal data of applicants

If you engage the Company to provide work-finding services, the Company processes your personal data, including processing using software solution providers and back office support.

The specific categories of personal data processed depend on whether the Company places you directly with a client (see below under (a)) or whether the Company temporarily employs you directly and leases you to a client (see below under (b)).

          a) Placement with clients: Name, date of birth, contact details, including telephone number, email address and postal        address, experience, training, qualifications and references, CV, any disability/health condition relevant to the role.

The Company processes the personal data to provide you with the requested work-finding services. The legal basis is Art. 6 para. 1 sentence 1 lit. b GDPR. The data is necessary for the performance of the contract – work-finding services – between you and the Company. In addition, it corresponds to the Company’s legitimate interests to process the data for providing the work-finding services if you have commissioned the Company to do so, Art. 6 para. 1 sentence 1 lit. f GDPR. Further, the Company may be legally obliged to process the data, Art. 6 para. 1 sentence 1 lit. c GDPR.  The processing of health data is based on Art. 9 para. 1, 2 lit. b, h GDPR and the applicable labour and social law regulations.

Please note that for some positions the client may request the provision of a certificate of good conduct. In these cases, the Company would ask you to obtain the certificate and provide it directly to the client. Furthermore, the Company recommends that you keep a certificate of residence available for possible inquiries by authorities or clients. The Company will not process the respective data.

           b) Direct employment with the Company and leasing to clients: Name, date of birth, contact details, including telephone number, email address and postal address, experience, training, qualifications and references, CV, any disability/health condition relevant to the role, identification information, bank details, health insurance, tax details for payroll purposes.

The legal basis is § 26 of the German Data Protection Law (BDSG). The data is necessary for the performance of the employment contract, particularly payroll purposes. The processing of health data is justified under Art. 9 para. 1, 2 lit. b, h GDPR in conjunction with § 26 para. 3 BDSG and the applicable labour and social law regulations.

If the data is no longer required for the above-mentioned purposes, in particular for the performance of the contract, it will be deleted, provided, that there are no further legal retention obligations.

In some cases, it is necessary for the Company to share your personal data with third parties for the purposes mentioned above. This includes potential employers for job placements. The legal basis is Art. 6 para. 1 sentence 1 lit. b GDPR (and the national data protection legislations, if the placement is made within the framework of a temporary employment with the Company) and Art. 6 para. 1 sentence 1 lit. f GDPR (legitimate interest: provision of the work-finding services according to the Company’s assignment). The Company will inform you before transferring the data to potential employers. You have the opportunity to object to the transfer at any time. A transfer to third parties for applying for vacancies for which you have not specifically commissioned the Company will only take place with your express consent, which the Company will request in each individual case, Art. 6 para. 1 sentence 1 lit. a GDPR. This consent is voluntary and can be withdrawn at any time without giving reasons. The Company may also be required to share your information with the national authorities for internal audits and investigations conducted at the Company to ensure that the Company complies with all relevant laws and obligations (Art. 6 para. 1 sentence 1 lit. c GDPR).

 

  3.2 Processing personal data of clients

The Company processes the following personal data of its clients and their employees to introduce and supply applicants:

  • Name of contact person

  • Contact details of contact person, including telephone number, email address and postal address

The legal basis is Art. 6 para. 1 sentence 1 lit. b GDPR. The data is necessary for the performance of the contract between the client and the Company. In addition, it corresponds to the Company’s legitimate interests to process data of the contact person to be able to perform the contract with the client, Art. 6 para. 1 sentence 1 lit. f GDPR. Further, the Company may be legally obliged to process the data, Art. 6 para. 1 sentence 1 lit. c GDPR. 

If the data is no longer required for the above-mentioned purposes, in particular for the performance of the contract, it will be deleted, provided, that there are no further legal retention obligations.

In some cases, it is necessary for the Company to share clients’ personal data with third parties for the purposes mentioned above. This includes potential applicants for job placements. The legal basis is Art. 6 para. 1 sentence 1 lit. b GDPR and Art. 6 para. 1 sentence 1 lit. f GDPR (legitimate interest: supply of applicants according to the Company’s assignment). The Company may also be required to share client’s information with the national authorities for internal audits and investigations conducted at the Company to ensure that the Company complies with all relevant laws and obligations (Art. 6 para. 1 sentence 1 lit. c GDPR).

 

 

4. Data retention

Unless otherwise indicated above, the Company will store personal data until it is no longer required for the respective purposes. Afterwards, the Company will delete the data, provided, that the Company is not entitled or obliged to further data retention.

 

 

5. Your rights

Depending on the circumstances of the specific case, you may have the following data protection rights:

  • to request information about and access to your personal data and/or copies of these data, as well as to transfer the personal data directly to another controller, as far as this is technically possible;

  • to demand the rectification, erasure or restriction of the processing of your personal data, insofar as their use is not permitted under data protection law;

  • not to be subject to a decision based solely on automated processing if that decision has legal effect on you or similarly significantly affects you;

  • to take legal action or appeal to the competent supervisory authorities if you consider that your rights have been infringed as a result of processing your personal data not in compliance with data protection legislation.

  • In addition, you have the right to object to the processing of your personal data at any time, if we process your personal data to serve our legitimate interests and there are reasons arising from your particular situation.

 

 

6. Contact details

If you have any further questions about data processing or data protection, you may contact us at gdpr.communications@elainternational.de, or use the below contact details:

 

ELA International GmbH

Bockenheimer Anlage 2

60322 Frankfurt am Main

 

E-Mail: gdpr.communications@elainternational.de

Data protection officer: dpo@elainternational.de

 

Status: July 2020

© 2020 ELA International GmbH