Privacy policy for applicants according to Art. 13 GDPR

Compliance with data protection regulations is important to us. We would therefore like to inform you about how we process your personal data:

 

Data controller

The controller for data processing in connection with the application process is the LucaNet Group company to which you have applied for an announced position or on your own initiative. The contact details of the controller can be found in the job advertisement or can be obtained on request by sending an email to jobs@lucanet.com.

LucaNet AG, their Subsidiaries and affiliated companies are jointly responsible for certain processing of your data in carrying out the application process. In this respect, they have concluded agreements specifying which of them fulfils which obligations under data protection law. LucaNet AG, Karl-Liebknecht-Str. 14, 10178 Berlin will provide you with the essential content of these agreements on request.

 

The data we process

As part of the application process, we process data from you that we need to decide whether to start an employment relationship. This includes in particular your contact details such as your name and address as well as all data related to the application such as your CV, certificates and qualifications. If you submit an application for reimbursement of travel expenses, we also need your bank details.

The legal basis for this is Article 88 (1) GDPR in combination with Section 26 (1) sentence 1 of the German Federal Data Protection Act (FDPA). Insofar as the data are special categories of personal data (such as health data) that you yourself provide to us (for example, information about a severely disabled status), the processing is additionally carried out on the legal basis of Art. 9 Para. 2 lit. b GDPR in combinati-on with Section 26 Para. 3 FDPA.

 

Data deletion

Unless there is a statutory retention period, your data will be deleted as soon as storage is no longer necessary or the legitimate interest in storage has expired. If you are not hired, this is usually the case at the latest six months after completion of the application process. We continue to keep some information from the application process for statistical purposes. This is, for example, information on the number of applications for an advertised position. This data is anonymous. Conclusions about individual applicants are not possible.

In individual cases, certain details may be stored for a longer period of time (e.g. travel expenses, defence against claims under the General Equal Treatment Act). The duration of storage then depends on the statutory retention obligations from the German Commercial Code or the German Tax Code (six or ten years) or the duration of legal proceedings.

If you have not been hired, but your application is still interesting for us, we will ask you whether we may keep your application for any further vacancies.

If you accept our job offer, we will store your data for the duration of the employment relationship. In this case, you will receive further information about the processing of your data in the employment relationship as soon as you start the employment relationship with us.

 

Recipients of your data

Within the LucaNet Group, only persons who need your data to carry out the tasks assigned to them will be given access to your data. Outside the LucaNet Group, service providers who support us in the fulfilment of our tasks are given access to your data.

We have engaged service providers to provide our applicant management system and our web-based appointment scheduling tool for planning and booking job interviews. They have access to your data under a data processing agreement. We also use service providers who support us with hosting, maintenance and support of IT systems as well as archiving and shredding of documents and who have also entered into separate data processing agreements.

As part of our recruitment process, we may use the services of Zinc Work Limited (“Zinc”) to conduct background checks and verify candidate information. Zinc operates as a third-party service provider and processes personal data on our behalf. The data shared with Zinc may include, but is not limited to, your employment history, education records, references, and right-to-work documentation. This data is collected directly from you and processed in accordance with applicable data protection laws. The legal basis for this processing is our legitimate interest in ensuring a fair, secure, and compliant hiring process. For more information on how Zinc handles your data, please refer to their Candidate Privacy Policy.

We use the software of Bright-Hire Inc. (hereinafter ‘BrightHire’) for the creation of audio and video recordings as well as the AI-supported transcription of applicant interviews. The processing is carried out exclusively on the basis of your consent in accordance with Art. 6 para. 1 lit. a GDPR and serves in particular the internal efficient creation of notes and thus relieves our employees. The audio and video recordings as well as the transcript will be deleted no later than 90 days after the interview. Further information you can find here.

In some cases, we also transfer personal data to third countries outside the EU. We conclude Standard Contractual Clauses with service providers in third countries. These provide appropriate guarantees for the protection of your data with service providers in the third country. You can request a copy of this data protection agreement using the contact details above.

Where permitted within the scope of the stated purposes and legal bases, we may transfer your personal data to companies affiliated with us. Apart from that, we will of course treat your data confidentially and will not share it with third parties.

 

Your rights

As a data subject, you have the right of access to the personal data concerning you (Art. 15 GDPR), the right to rectification of inaccurate data (Art. 16 GDPR) and the right to erasure if one of the conditions set out in Art. 17 GDPR applies, e.g. if the data is no longer needed for the purposes for which they were collected. Further-more, there is the right to restriction of processing if one of the conditions mentioned in Art. 18 GDPR applies and, in the cases of Art. 20 GDPR, the right to data portability. If the processing of data is based on your consent, you are entitled to withdraw your consent to the use of your personal data at any time in accordance with Article 7 GDPR. Please note that the withdrawal is only effective for the future. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

In cases where we process your personal data on the legal basis of Art. 6 (1) e or f GDPR, you have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data. We will then no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.

Furthermore, as a data subject, you have the right to lodge a complaint with a supervisory authority if you are of the opinion that the processing of your data violates data protection regulations. The right to lodge a complaint may in particular be exercised with a supervisory authority in the Member State of his or her habitual residence, place of work or place of the alleged infringement.

 

Data protection officer

We are supported by our data protection officer in fulfilling our obligations under data protection law. The contact details of our data protection officer are:

Jan-Christoph Thode
datenschutz nord GmbH
Berlin branch
Kurfuerstendamm 212
10719 Berlin

E-mail: office@datenschutz-nord.de