PRIVACY STATEMENT AND INFORMATION NOTICE FOR CANDIDATES AT INDIVHR (ART 13 DSGVO)
First of all: We treat your personal data confidentially and in accordance with the legal data protection regulations.
In the following, we would like to inform you which personal data we collect from you in the event of registration on our candidate portal, what we need it for, how we use it and whom you can contact if you have any questions.
All personal designations are to be understood as gender-neutral. For ease of reading, only the masculine form is used in the following.
TO WHOM IS THIS PRIVACY STATEMENT ADDRESSED?
The declaration is directed at persons (hereinafter also referred to as candidates) who create a free career profile within the framework of our candidate portal at indivHR either in the course of an application or on their own initiative or who start an application process.
indiv HR GmbH
Mobile: +43 664 416 1456
UID: ATU 71171206
Contact the data protection officer: email@example.com
FOR WHAT PURPOSE DO WE PROCESS YOUR DATA?
We use your data for Career counseling and Job mediation. You can register for our candidate pool without a specific job position. As soon as there are suitable jobs for your candidate profile, an indivHR Recruiting Partner will contact you by e-mail or telephone and discuss further steps.
As a candidate, you can also create a profile and use it to apply directly for a specific job position. Unfortunately, not always the first application to which you have actively applied is successful. In this case, too, indivHR Recruiting Partners will contact you by e-mail or phone as soon as there are further job positions matching your profile.
ON WHAT LEGAL BASIS DO WE PROCESS YOUR PERSONAL DATA?
We process your personal data on the basis of your express consent (Art 6 para 1 lit a and Art 9 para 2 lit a DSGVO), which you can give us specifically and voluntarily. Without your Consent we may not and will not process your personal data unless the processing is carried out (in addition) for the fulfillment of legal obligations and for legitimate interest (Art 6 para 1 lit f DSGVO) in connection with the assertion, exercise or defense of legal claims (e.g. claims under the Equal Treatment Act).
You are under no legal or contractual obligation to disclose your personal data. However, we cannot accept applications or inform you about suitable jobs without your personal data.
WHAT PERSONAL DATA DO WE COLLECT AND PROCESS?
The following categories of data are collected during registration in the candidate portal and subsequently processed:
- IP address, registration data (login, password)
- Personal data (first and last name, date of birth)
- Address data
- Contact information (phone number, e-mail address)
- Application documents (cover letter, resume or references)
- Professional background (information about your previous occupations)
- Data on your education (information on university or school degrees)
- Job requirements (desired scope of employment, desired salary, period of notice)
- Skills and qualifications (additional education, certificates, languages, hobbies)
- Date and time (of registration or update)
In the course of the further recruiting process, your data will then be supplemented by an indivHR contact person:
- Interview dates, interview notes and comments on your profile (information on the motive for the change)
- Residence permit (concerns only persons from third countries)
- E-mail communication with the indivHR contact person
- Job positions that we propose or that you apply for
- Keywording of your profile for better findability
We would like to draw your attention to the fact that health data, information on racial or ethnic origin, political, religious, trade union or sexual orientation belong to the data requiring special protection (special categories of personal data according to Art. 9 DSGVO). Therefore, we would like to ask you to provide such data not to be transmitted to us. Neither in the form of resumes nor in the form of other documents and records.
IS SO-CALLED PROFILING CARRIED OUT?
There are no automatisms in our recruiting processes that result in candidates being automatically eliminated from the application process or automatically suggested to one of our clients. The decision as to which candidates are approached for which positions or are forwarded to one of our clients is always made by the responsible indivHR Recruiting Partner. Thus, there is no automated decision making including profiling according to Art 22 DSGVO.
In order to be able to efficiently suggest suitable job positions to you as a candidate, indivHR indexes candidate profiles for the purpose of better findability in the candidate database. Data from the application documents, skills and qualifications or the professional career flow into the keywording. For new jobs, the candidate profiles are matched with the job requirements using these keywords and all other data stored in the candidate profile.
Furthermore, indivHR employees and recruiting partners use semantic search algorithms to match candidate profiles with job positions. With the help of this method, we are also able to find candidates who use synonymous terms (e.g. consultant instead of consultant) in their application documents.
WHO GETS YOUR DATA?
indivHR Employees and Recruiting Partner
To fulfill the purpose, the respective responsible employees and recruiting partners of indivHR and the companies affiliated with indivHR (see above) have access to all of the data listed under "What personal data do we collect and process?".
As part of the recruiting process, suitable job positions are suggested to you. After an interview at indivHR or a consultation with you, we forward your data for a specific job position to individual clients. The client does not receive full access to your data, but a so-called candidate report is generated in the form of a PDF document. This report is created position-related and contains your master data (personal, address and contact data), your professional requirements (e.g. desired salary or notice period), the assessment of the indivHR Recruiting Partner based on interview dates and notes. Customers of indivHR may be obligated to pay fees to indivHR for a period of up to 2 years from the transmission of the applicant data. For verification purposes, customers may store applicant data (name, date of birth and e-mail address) for this period. Our customers are contractually bound to confidentiality and secrecy.
Technical service providers
For the provision of our service, we use service providers (so-called order processors) who support us. Examples of such service providers are the manufacturer of our recruiting software or hosting providers who provide us with servers for software operation. These service providers have access to your data on a case-by-case basis for maintenance purposes only. They are contractually bound to confidentiality and data security measures by an order processing agreement pursuant to Art. 28 DSGVO, whereby compliance with the data security measures is regularly checked by us.
In order to fulfill legal obligations or to defend legal claims, it may be necessary on a case-by-case basis for us to grant authorities or courts access to your data.
WHAT RIGHTS DO YOU HAVE?
Based on the General Data Protection Regulation (Articles 15 to 22), you have the right of access, deletion, restriction, data portability, rectification and objection. Below we would like to explain some of these rights in more detail:
- Your right to information and rectification
You will of course receive information about your personal data that is stored and processed by us. If your data is no longer accurate or incomplete, you can request a correction or addition.
- Your right to revoke and delete your personal data
You can revoke your consent and exercise your "right to be forgotten" at any time. In this case, we are obliged to delete the personal data concerning you and to inform all recipients to whom your personal data have been transmitted of your request for deletion. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation is received.
- Your right to restriction, data portability and objection, and measures related to automated decision making
You can also exercise your right to data portability by restricting the processing of your data or making it available to us, as well as object to it (especially in the case of direct marketing). In addition, you can demand various measures within the scope of automated data processing (such as the intervention of a person or the presentation of your own point of view).
In addition, you have the right to file a complaint with the data protection authority. Complaint if you consider your rights to have been violated. You can find the contact details of the Austrian data protection authority here: https://www.dsb.gv.at/kontakt.
HOW LONG WILL YOUR PERSONAL DATA BE STORED?
Your personal data will be stored until you revoke the consent you have given. However, legal documentation requirements (e.g. Federal Tax Code in connection with mediated job positions) or documentation for the assertion, exercise or defense of legal claims (e.g. Equal Treatment Act, claims of customers of whatever kind), may make processing necessary even after receipt of your revocation. In these cases, we will inform you accordingly that and why the processing will continue and notify you of the implementation of the deletion.
We reserve the right to delete the profiles of candidates for whom we have not been able to propose suitable job positions for a longer period of time. Should there be a job position of interest to you at a later date, you can create a profile again at any time.
Please note that under certain circumstances, deletion may not take place immediately, but only after a time delay, due to legal obligations or for the assertion, exercise or defense of legal claims. For example, a period of 6 months applies to the assertion of claims under §§ 15 paragraph 1 and 29 Equal Treatment Act due to discrimination in application procedures.
WHO CAN YOU CONTACT?
If you have any questions about this privacy statement or about exercising your rights, please contact our data protection officer: