With the following data protection declaration we would like to inform you about the types of personal data (hereinafter also referred to as "data") we process, for what purposes and to what extent. The data protection declaration applies to all processing of personal data carried out by us, both in the context of providing our services and, in particular, on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter also referred to collectively as "online offer").
The terms used are not gender-specific.
Authorized representatives: Christian Limmer, Managing Director
E-mail address: firstname.lastname@example.org
Telephone:+49 (89) - 125 039 830
Legal notice: www.constares.de/impressum.html
Contact data protection officer: Regina Mühlich
Mail: see person responsible / Imprint with the addition "Data protection"
Relevant legal bases
In the following, we provide the legal basis of the Data Protection Basic Regulation (DSGVO), on the basis of which we process personal data. Please note that in addition to the regulations of the DSGVO, national data protection regulations may apply in your or our country of residence and domicile. If, in addition, more specific legal bases are applicable in individual cases, we will inform you of these in the data protection declaration.
National data protection regulations in Germany: In addition to the data protection regulations of the Basic Data Protection Regulation, national data protection regulations apply in Germany. These include in particular the law on protection against misuse of personal data in data processing (Federal Data Protection Act (BDSG)). In particular, the BDSG contains special regulations on the right to information, the right to deletion, the right of objection, the processing of special categories of personal data, processing for other purposes and transmission as well as automated decision making in individual cases including profiling. Furthermore, it regulates data processing for the purposes of the employment relationship (Section 26 BDSG), in particular with regard to the establishment, implementation or termination of employment relationships and the consent of employees. Furthermore, state data protection laws of the individual federal states may apply.
We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons, in order to ensure a level of protection commensurate with the risk.
These measures shall include in particular the safeguarding of confidentiality, integrity and availability of data by controlling physical and electronic access to data as well as access, input, disclosure, safeguarding of availability and segregation of data relating thereto. Furthermore, we have established procedures to ensure that data subjects' rights are exercised, data is deleted, and responses are made to any threats to the data. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes in accordance with the principle of data protection, by designing technology and by using data protection-friendly default settings.
Abbreviation of the IP address: If it is possible or not necessary for us to save the IP address, we will shorten or have your IP address shortened. In the case of shortening the IP address, also known as "IP masking", the last two numbers of an IP address are deleted (the IP address in this context is an identifier individually assigned to an Internet connection by the online access provider). The purpose of shortening the IP address is to prevent or significantly impede the identification of a person based on their IP address.
SSL encryption (https): To protect your data transmitted via our online offer, we use SSL encryption. You can recognize such encrypted connections by the prefix https:// in the address line of your browser.
Transmission and disclosure of personal data
In the course of our processing of personal data, it may happen that the data is transferred to or disclosed to other bodies, companies, legally independent organisational units or persons. The recipients of this data may include, for example, payment institutions in the context of payment transactions, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases we observe the legal requirements and in particular conclude appropriate contracts or agreements with the recipients of your data which serve to protect your data.
Transfer of data within the organization: We may transfer personal data to other entities within our organization or grant them access to such data. If this transfer is for administrative purposes, the transfer of the data is based on our legitimate business and commercial interests or takes place if it is necessary to fulfil our contractual obligations or if there is a consent of the persons concerned or a legal permission.
Data processing in third countries
If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA)) or if the processing takes place in the context of the use of services of third parties or the disclosure or transfer of data to other persons, bodies or companies, this will only take place in accordance with the legal requirements.
Subject to express consent or transmission required by contract or by law, we process or have the data processed only in third countries with a recognised level of data protection, contractual obligation through so-called standard protection clauses of the EU Commission, where certifications or binding internal data protection regulations exist (Art. 44 to 49 DSGVO, information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de).
Deletion of data
The data processed by us will be deleted in accordance with the legal requirements as soon as their consent permitted for processing is revoked or other permissions cease to apply (e.g. if the purpose for which the data were processed ceases to apply or if they are not necessary for the purpose).
Unless the data are deleted because they are required for other and legally permissible purposes, their processing is limited to these purposes. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law or that must be stored for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person.
Further information on the deletion of personal data can also be provided in the individual data protection notes of this data protection declaration.
Cookies are text files that contain data from visited websites or domains and are stored by a browser on the user's computer. A cookie is primarily used to store information about a user during or after his visit within an online offer. The stored information may include, for example, the language settings on a website, the login status, a shopping cart or the location where a video was viewed. The term "cookies" also includes other technologies that perform the same functions as cookies (e.g., when user information is stored using pseudonymous online identifiers, also referred to as "user IDs")
The following cookie types and functions are distinguished:
Duration of storage: Unless we provide you with explicit information on the duration of storage of permanent cookies (e.g. within the framework of a so-called cookie opt-in), please assume that the storage period can be up to two years.
Services used and service providers:
Provision of the online offer and web hosting
In order to provide our online services securely and efficiently, we use the services of one or more web hosting providers from whose servers (or servers managed by them) the online services can be accessed. For these purposes, we may use infrastructure and platform services, computing capacity, storage space and database services, and security and technical maintenance services.
The data processed within the framework of the provision of the hosting offer may include all data relating to the users of our online offer, which are generated within the framework of use and communication. This regularly includes the IP address, which is necessary to be able to deliver the contents of online offers to browsers, and all entries made within our online offer or from websites.
E-mail dispatch and hosting: The web hosting services we use also include the dispatch, receipt and storage of e-mails. For these purposes, the addresses of the recipients and senders as well as other information concerning the e-mail dispatch (e.g. the providers involved) and the contents of the respective e-mails are processed. The aforementioned data may also be processed for the purpose of SPAM detection. Please note that e-mails on the Internet are generally not sent in encrypted form. As a rule, e-mails are encrypted in transit, but (unless an end-to-end encryption method is used) not on the servers from which they are sent and received. We can therefore not assume any responsibility for the transmission path of the e-mails between the sender and the reception on our server.
Collection of access data and log files: We (or our web hosting provider) collect data on every access to the server (so-called server log files). Server log files may include the address and name of the web pages and files accessed, date and time of access, data volume transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page) and, as a rule, IP addresses and the requesting provider.
The server log files can be used for security purposes, e.g. to avoid overloading the servers (especially in the case of abusive attacks, so-called DDoS attacks) and to ensure the capacity utilisation of the servers and their stability.
When contacting us (e.g. via contact form, e-mail, telephone or via social media), the data of the inquiring persons will be processed to the extent necessary to answer the contact inquiries and any requested measures.
The answering of contact inquiries within the scope of contractual or pre-contractual relations is carried out in order to fulfil our contractual obligations or to answer (pre)contractual inquiries and otherwise on the basis of the legitimate interest in answering the inquiries.
Services used and service providers:
Video conferences, online meetings, webinars and screen sharing
We use platforms and applications of other providers (hereinafter referred to as "Third Party Providers") for the purpose of conducting video and audio conferences, webinars and other types of video and audio meetings. When selecting third-party providers and their services, we observe the legal requirements.
In this context, data of the communication participants will be processed and stored on the servers of the third party providers, insofar as they are part of communication processes with us. This data may include, in particular, registration and contact data, visual and vocal contributions, as well as entries in chats and shared screen content.
If users are referred to the third party providers or their software or platforms in the course of communication, business or other relations with us, the third party providers may process usage data and metadata for security, service optimization or marketing purposes. We therefore ask you to observe the data protection notices of the respective third-party providers.
Services used and service providers:
We use software services accessible via the Internet and running on the servers of their providers (so-called "cloud services", also referred to as "software as a service") for the following purposes: document storage and management, calendar management, e-mailing, spreadsheets and presentations, exchanging documents, content and information with specific recipients or publishing web pages, forms or other content and information, as well as chatting and participating in audio and video conferences.
If we use the cloud services to provide other users or publicly accessible websites with forms, documents or other content, the providers may store cookies on the users' devices for web analysis purposes or to remember user settings (e.g. in the case of media control).
Notes on legal bases: If we ask for consent to use the cloud services, the legal basis for processing is consent. Furthermore, their use can be a component of our (pre)contractual services, provided that the use of the cloud services has been agreed in this context. Otherwise, user data is processed on the basis of our legitimate interests (i.e., interest in efficient and secure administration and collaboration processes).
Services used and service providers:
Commercial and Business Services
We process data of our contractual and business partners, e.g. customers and prospective customers (collectively referred to as "contractual partners") within the scope of contractual and comparable legal relationships as well as associated measures and within the scope of communication with the contractual partners (or pre-contractual), e.g. to answer inquiries.
We process this data for the purpose of fulfilling our contractual obligations, securing our rights and for the purposes of the administrative tasks associated with this information and for the purposes of the company's business organisation. Within the framework of the applicable law, we only pass on the data of the contractual partners to third parties to the extent that this is necessary for the aforementioned purposes or to fulfil legal obligations or with the consent of the contractual partners (e.g. to involved telecommunications, transport and other auxiliary services as well as subcontractors, banks, tax and legal advisors, tax authorities). The contractual partners will be informed about other forms of processing, e.g. for marketing purposes, within the scope of this data protection declaration.
We inform the contractual partners which data are required for the above-mentioned purposes before or within the scope of data collection, e.g. in online forms, by means of special marking (e.g. colours) or symbols (e.g. asterisks or similar), or personally.
We delete the data after expiry of legal warranty and comparable obligations, i.e. basically after 3 years, unless the data is stored in a customer account, e.g. as long as it has to be kept for legal archiving reasons (e.g. for tax purposes usually 10 years). We will delete data that has been disclosed to us by the contractual partner within the scope of an order in accordance with the specifications of the order, in principle after the end of the order.
If we use third-party providers or platforms to provide our services, the terms and conditions and data protection information of the respective third-party providers or platforms apply in the relationship between the users and the providers.
Newsletter and electronic notifications
We send newsletters, e-mails and other electronic notifications (hereinafter referred to as "newsletters") only with the consent of the recipients or a legal permission. If, in the course of registering for the newsletter, its contents are specifically described, they are decisive for the consent of the users. Furthermore, our newsletters contain information about our services and us.
To register for our newsletters, it is generally sufficient to provide your e-mail address. However, we may ask you to provide a name for the purpose of personal contact in the newsletter, or other details if these are necessary for the purposes of the newsletter.
Double opt-in procedure: The registration to our newsletter is always done in a so-called Double-Opt-In-Procedure. This means that after registration you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that nobody can register with foreign e-mail addresses. The newsletter registrations are logged in order to be able to prove the registration process in accordance with the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. Changes to your data stored by the shipping service provider are also logged.
Deletion and restriction of processing: We may store the deleted e-mail addresses for up to three years on the basis of our legitimate interests before we delete them in order to be able to prove that we have previously given our consent. The processing of this data is limited to the purpose of a possible defence against claims. An individual request for deletion is possible at any time, provided that the former existence of a consent is confirmed at the same time. In case of obligations to permanently observe contradictions, we reserve the right to store the e-mail address in a blacklist for this purpose alone.
The logging of the registration procedure is based on our legitimate interests for the purpose of proving that it has been carried out properly. If we commission a service provider to send e-mails, this is done on the basis of our legitimate interests in an efficient and secure sending system.
Information on legal bases: The sending of newsletters is based on the consent of the recipients or, if consent is not required, on our legitimate interests in direct marketing, if and to the extent permitted by law, e.g. in the case of advertising to existing customers. If we commission a service provider to send e-mails, this is done on the basis of our legitimate interests. The registration process is recorded on the basis of our legitimate interests in order to prove that it was carried out in accordance with the law.
Contents: Information about us, our services, actions and offers.
Used services and service providers:
Presence in social networks (Social Media)
We maintain online presences within social networks and process user data in this context in order to communicate with the users active there or to offer information about us.
Please note that user data may be processed outside the European Union. This can result in risks for the users, because the enforcement of the users' rights could be made more difficult.
Furthermore, user data within social networks are usually processed for market research and advertising purposes. Thus, for example, user profiles can be created on the basis of user behaviour and the resulting interests of the users. The user profiles can in turn be used, for example, to place advertisements within and outside the networks that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the users' computers, in which the usage behaviour and interests of the users are stored. Furthermore, data may also be stored in the user profiles independently of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).
For a detailed presentation of the respective forms of processing and the possibilities of objection (opt-out), we refer to the data protection declarations and information provided by the operators of the respective networks.
Also in the case of requests for information and the assertion of data subject rights, we would like to point out that these can most effectively be asserted with the providers. Only the providers have access to the data of the users in each case and can directly take appropriate measures and provide information.
Used services and service providers:
The application procedure requires applicants to provide us with the data necessary for their assessment and selection. The information required is specified in the job description. In principle, the required information includes personal details such as name, address, contact details and proof of the qualifications required for a position. On request, we will also be pleased to inform you which information is required. We process your applicant data exclusively for the purpose and within the scope of the application procedure in accordance with the legal requirements. The applicant data is processed to fulfil our (pre-)contractual obligations within the framework of the applicant selection procedure in accordance with Art. 6 Para. 1 lit. b. DSGVO as well as § 26 BDSG, if the data processing is necessary for us, e.g. in the context of legal procedures. Insofar as special categories of personal data within the meaning of Art. 9 Para. 1 DSGVO are voluntarily communicated in the context of the application procedure, their processing is additionally carried out in accordance with Art. 9 Para. 2 lit. b DSGVO (e.g. health data, severely disabled status or ethnic origin). Insofar as special categories of personal data within the meaning of Art. 9 Para. 1 DSGVO are requested from applicants within the framework of the application procedure, their processing is additionally carried out in accordance with Art. 9 Para. 2 letter a DSGVO (e.g. health data if these are necessary for the exercise of the profession). Applicants can send us their applications by e-mail or post. Please note, however, that e-mails are generally not sent in encrypted form and the applicants themselves must ensure that they are encrypted. We can therefore not accept any responsibility for the transmission path of the application. In the event of a successful application, the data provided by the applicants may be processed by us for the purposes of the employment relationship. Otherwise, if the application for a job offer is not successful, the applicants' data will be deleted. Applicants' data is also deleted if an application is withdrawn, which applicants are entitled to do at any time.
Subject to a justified revocation by the applicants, the data will be deleted after a period of six months after the end of the selection procedure in order to comply with our obligations to provide evidence under the Equal Treatment Act.
Rights of the persons concerned
As a person concerned, you are entitled to various rights under the DSGVO, which result in particular from Art. 15 to 21 DSGVO:
Amendment and updating of the data protection declaration
We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes make it necessary for you to take action to cooperate (e.g. to give your consent) or to receive other individual notification.
Status: July 27, 2020
Processing of personal data by the person responsible for the online application procedure.
We provide you with this data protection statement, which relates exclusively to the data collected during the application process, to inform you about how we handle the personal data collected during the application process.
Personal data within the scope of the application process
Personal data is information about personal or factual circumstances of an identified or identifiable natural person. This includes information such as your name, your address, your telephone number and your date of birth, but also data about your specific career, etc., which can be assigned to a specific person with reasonable effort.
We process your applicant data exclusively for the purpose and within the scope of the application procedure in accordance with the legal requirements. The processing of applicant data is carried out to fulfil our (pre-)contractual obligations within the framework of the applicant selection procedure in accordance with Art. 6 Para. 1 lit. b. DSGVO as well as § 26 BDSG, if the data processing is necessary for us, e.g. in the context of legal procedures.
The application procedure requires that applicants send us their application documents. The required applicant data are marked in the online form and otherwise result from the job descriptions. In principle, this includes personal details, address and contact details as well as the documents belonging to the application, such as cover letter, CV and certificates. In addition, applicants can voluntarily provide us with additional information.
By submitting their application to us, applicants agree to the processing of their data for the purposes of the applicant selection procedure in accordance with the type and scope described in this data protection declaration.
Insofar as special categories of personal data within the meaning of Art. 9 Para. 1 DSGVO are voluntarily communicated as part of the application procedure, their processing is additionally carried out in accordance with Art. 9 Para. 2 letter b DSGVO (e.g. health data, severely disabled status or ethnic origin). Insofar as special categories of personal data within the meaning of Art. 9 Para. 1 DSGVO are requested from applicants as part of the application procedure, their processing is also carried out in accordance with Art. 9 Para. 2 letter a DSGVO (e.g. health data if this is necessary for the exercise of the profession).
Applicants can send us their applications by means of an online form on our website. The data is transmitted to us in encrypted form according to the state of the art. Applicants can also send us their applications by e-mail. Please note, however, that e-mails are generally not sent in encrypted form and that applicants must ensure that they are encrypted themselves. We cannot therefore accept any responsibility for the transmission path of the application and therefore recommend that you use an online form or send it by post. In addition to an application via the online form and by e-mail, it is also possible to send us the application by post.
If the application for a job offer is not successful, the applicants' data will be deleted. Applicants' data is also deleted if an application is withdrawn, which applicants are entitled to do at any time.
Subject to a justified revocation by the applicants, the data will be deleted after a period of six months so that we can answer any follow-up questions regarding the application and meet our obligations to provide evidence under the Equal Treatment Act. Invoices for any reimbursement of travel expenses will be archived in accordance with tax law requirements.
The following third-party providers are used to carry out the online application procedure:
Used services and service providers:
Vincere processes the data of candidates on our behalf and on the basis of contractual obligations that provide for compliance with the agreed organisational and technical measures (within the meaning of article 28, paragraph 3, sentence 1 DSGVO). Vincere is used on the basis of our legitimate interests, as well as the interests of the candidates in carrying out a rapid and effective candidate selection process (within the meaning of article 6, paragraph 1, letter f. of the DPA).
HR4you processes the data of the candidates on our behalf and on the basis of contractual obligations, which provide for compliance with the agreed organisational and technical measures (in terms of Art. 28 para. 3 clause 1 DSGVO). The employment of HR4you takes place on the basis of our legitimate interests, as well as the interests of the applicants in the execution of a fast and effective applicant selection procedure (in the sense of article 6 paragraph 1 letter f. DSGVO).
As part of the application process, we offer applicants the opportunity to be included in our "pool of applicants" for a period of one year on the basis of a consent in the sense of Art. 6 para. 1 lit. b. and Art. 7 DSGVO.
The application documents in the applicant pool will be processed solely in the context of future job advertisements and will be destroyed at the latest after the expiry of the period of one year. Admission to the talent pool is voluntary and has no influence on the current application procedure. This consent is voluntary and can be revoked at any time for the future.
We use platforms and applications of other providers (hereinafter referred to as "third-party providers") for the purpose of conducting and planning audio conferences (job interviews). When selecting third-party providers and their services, we observe the legal requirements.
Within this framework, data of the communication participants are processed and stored on the servers of the third party providers, insofar as they are part of communication processes with us. This data may include, in particular, registration and contact data, visual and vocal contributions, as well as entries in chats and shared screen content.
If applicants are referred to the third-party providers or their software or platforms in the course of communication, business or other relations with us, the third-party providers may process usage data and metadata for security, service optimization or marketing purposes. We therefore ask you to observe the data protection notices of the respective third-party providers.
Services used and service providers:
We do not record job interviews.
As a personnel consultancy that identifies and approaches potential candidates on behalf of clients, information and data of potential candidates are collected and processed from publicly available sources. The persons concerned are contacted by us and approached about a specific vacancy. In the course of the contact, information on data protection as well as consent for storage is also obtained. Candidates who do not consent to processing or are not contacted by us will be deleted or blocked.
You can find out your rights as a data subject here: https://www.constares.de/datenschutz.html. In addition to this data protection declaration, you can view our general data protection declaration at https://www.constares.de/datenschutz.html.
Status: July 27, 2020