Data protection information for (potential) applicants
and participants - Consent(s)
§ 1 What data and processes are involved?
It concerns the processing of personal data, i.e. any
information relating to an identified or identifiable natural
person. Processing is any operation or set of operations which
is performed upon personal data, whether or not by automatic
means.
§ 2 Who is responsible for data processing and whom can
you contact?
The responsible party pursuant to Art. 4 No. 4 of the EU
General Data Protection Regulation (DSGVO) is
Talentscoutry TM GmbH ("Talentscoutry"), represented by
Daniel Beggiato, Salbeistr. 19, 80935 Munich; Tel. : +49 89
25557282; E-Mail: info@talentscoutry.de; Register Court: AG
Frankfurt, HRB 112269 Talentscoutry also acts in
representation of Start Medicare GmbH, which is a
subcompany 100 % owned by Talentscoutry, with registered
address at Forster Str. 57, 10999 Berlin, Phone
+493075562270; Email: datenschutz@start-medicare.com.
Register Court: Berlin Charlottenburg, HRB 113143B, You
can reach our data protection officer at our postal address
with the addition "the data protection officer".
§ 3 Why do we process your data?
Talentscoutry TM GmbH is a management and personnel
consultancy, personnel and management developer,
recruitment agency and relocation service provider. Among
other things, we recruit, qualify and place skilled workers and
talents on a national and international level, in particular of
registered healthcare and nursing staff for the purpose of
permanent work-related migration to Germany. We provide
comprehensive support to the placed applicants
("participants"), from career planning to interview training,
accompaniment in the application process, participation in
professional further training and language qualifications,
fulfilment of the (official) requirements for relocation and its
implementation, right up to the commencement of
employment in hospitals or other inpatient or outpatient
(medical) care facilities.
For this purpose, we also process personal data in order to
fulfil our legal and contractual obligations or other obligations
under the law of obligations towards, among others, our
customers (the applicants/participants), the (potential)
employers, our service providers, our other contractual
partners, towards public authorities and other third parties.
§ 4Who is this privacy notice addressed to?
This data protection notice is addressed to all persons
interested in an employment relationship and applicants as
well as the (former) participants of the personnel recruitment,
-training and placement of Talentscoutry and the training
measures organised by us, in particular (potential)
employees, trainees, interns and other employees of our
contractual partners.
§ 5 What sources and data do we use?
We process personal data that we receive from the interested
parties, applicants and (former) participants themselves as
well as in a permissible manner from third parties (e.g. from
service providers and cooperation partners as well as from
public bodies such as the Federal Employment Agency, tax
offices, registration authorities, embassies and competent
immigration authorities) and that we may permissibly obtain
and process from publicly accessible sources. In particular,
this may be the following data:
- Personal details, e.g. name, date/place of birth, nationality,
address, religious denomination, disability;
- Driving licence data, criminal record, health data;
- Data on education/training and professional career;
- Employment data (e.g. company, start/end);
- Emergency contacts (telephone number, name);
- Financial data, e.g. remuneration, social benefits, bank
details, tax number;
- Social security data such as insurance numbers, statutory
health insurance, sick leave;
- IT usage data;
- Image and sound recordings (photo, audio/video data);
- User/meeting/device/software/content data for (online)
events/courses
§ 6 What are the purposes and legal bases of data
processing?
We process your personal data in accordance with the
provisions of the DSGVO, the German Federal Data
Protection Act (BDSG) and other relevant laws on the basis
of your consent, Art. 6 (1) a) DSGVO, for pre-contractual
measures and for the fulfilment of (pre-) contractual
obligations, Art. 6 (1) b) DSGVO, for the fulfilment of legal
obligations, Art. 6 (1) c) DSGVO and within the framework of
the balancing of interests, Art. 6 (1) f) DSGVO, for the
protection of legitimate interests of us or of third parties.
The processing of special categories of personal data, Art. 9
(2) DSGVO, (e.g. health data) takes place on the basis of your
explicit consent or a legal permission, see Art. 9 (2) DSGVO.
§ 7 What data protection rights do you have?
You have the following rights with regard to your personal
data: Right to information, Art. 15 GDPR; Right to rectification,
Art. 16 GDPR; Right to erasure, Art. 17 GDPR; Right to
restriction of processing, Art. 18 GDPR; Right to data
portability, Art. 20 GDPR; Right to withdraw your consent(s),
Art. 7(3) GDPR; right to object to processing, Art. 21 GDPR;
right to complain to a data protection supervisory authority
about the processing of your personal data by us, pursuant to
Art. 77 GDPR.
§ 8 Who gets your data?
We only pass on your personal data to third parties if the
conditions of one of the legal bases mentioned in § 6 are met.
Under this condition, the following recipients of your personal
data come into question for the implementation of the
business relationship with you, for example:
- Processors and other service providers, e.g. translators,
service providers for IT, telephone, payment transactions;
- (Company) doctors;
- Education and training providers;
- Public bodies and institutions such as
recognition/financial/foreigner/registration authorities,
embassies, social insurance institutions, employment
agency;
- Your (potential) employers;
- Our respective cooperation partners in the areas of sourcing
and recruitment, personnel
consulting/development/placement and relocation;
- Our partner company Start Medicare GmbH
§ 9 Will data be transferred to a third country?
Data is only transferred to so-called third countries outside the
European Economic Area (EEA) if this takes place within the
framework of commissioned processing (Art. 28 DSGVO) or
joint responsibility (Art. 26 DSGVO), otherwise only in
individual cases, only to recipients that have been
conclusively determined in advance and only insofar as you
have given us consent for this, this is necessary for the
fulfilment of our legal or contractual obligations or for the
protection of legitimate interests of us or of third parties and
only with regard to data that is necessary for the fulfilment of
the respective purpose.
If a data transfer to a third country is carried out under the
aforementioned conditions and this third country ensures an
adequate level of data protection according to the assessment
of the European Commission (Art. 45 DSGVO), the transfer
of your personal data may take place on this basis. In the case
of transfers to third countries whose level of data protection is
not subject to an adequacy decision by the European
Commission pursuant to Art. 45 of the GDPR, we will ensure
the protection of your personal data by means of appropriate
safeguards (cf. Art. 46 of the GDPR, e.g. standard data
protection clauses).
Insofar as neither an adequacy decision pursuant to Art. 45
DSGVO exists nor the application of appropriate safeguards
within the meaning of Art. 46 DSGVO is possible, we will only
transfer your data to a third country if the data transfer can be
based on Art. 49 DSGVO, in particular if you have consented
to the data transfer, the transfer is necessary for the
performance of a contract with you or for the implementation
of pre-contractual measures at your request, the transfer is
necessary for the conclusion or performance of a contract
concluded in your interest by Talentscoutry with another
person, the transfer is necessary for legal
prosecution/defence.
Your personal data may also be processed outside the EEA
in third countries, namely the companies Microsoft
Corporation (mail provider Microsoft Office 365), Datto, Inc
(Cloud) and Evenly Odd, Inc. ("Knack", applicant data
platform). Please note that when processing in third
countries with possibly insufficient levels of data
protection, there is a risk that your data may be processed
by government agencies of the third country for control and
monitoring purposes, without you always having sufficient
legal remedies against this.
§ 10 How long will your data be stored?
We process your personal data as long as it is necessary for
the fulfilment of our obligations under the law of obligations
and the law or to protect the legitimate interests of us or of
third parties.
If the data is no longer required for the aforementioned
purposes, it is regularly deleted unless you have given us your
consent to continue storing it.
________________________________________________
Date of birth, matriculation number
Being aware of the above data protection information, I
give the following consent(s):
I am not obliged to give this consent(s) and may refuse it
without giving reasons and revoke given consents at any time
without giving reasons. The revocation of the consent(s) does
not affect the lawfulness of the data processing carried out on
the basis of the consent(s) until the revocation.
(Please delete as applicable below)
1. consent to the processing of special categories of
personal data
I consent to Talentscoutry processing the special categories
of personal data (e.g. information about my health; image and
sound recordings that allow conclusions to be drawn about
my ethnic origin and/or religion; similarly sensitive data within
the meaning of Art. 9 DSGVO) contained in my letter of
application and the attached and/or subsequently submitted
documents for the purpose of carrying out the application
procedure and any contracts with me.
2. consent to data transfer (to third countries)
I consent to Talentscoutry forwarding the personal data
collected about me, i.e. also "special categories of personal
data" in accordance with Art. 9 DSGVO, to the recipients
named in §§ 8, 9 for the purposes stated in § 3 and my data
may thus also be transferred to third countries with possibly
inadequate levels of data protection and processed there.
3. consent to the storage of applicant data
If my application is unsuccessful, I consent to Talentscoutry
storing my personal data (incl. "special categories of personal
data" according to Art. 9 DSGVO) that I have provided in the
course of the entire participant procedure beyond the end of
the specific participant procedure and to Talentscoutry using
this data to contact me if I should be considered for another
position. This consent also applies to data about my
qualifications and activities from generally accessible sources
that Talentscoutry has permissibly collected.
________________________________________________
[Place, date, signature of the participant].

§ 11 Are you obliged to provide us with your data?

As an interested party, applicant and (potential) participant,

you must provide with the personal data required to fulfil our
legal and contractual obligations or other obligations under
the law of obligations and notify us immediately of any
changes arising in the course of the business relationship. If
you do not provide us with the necessary data, we may not be
able to fulfil our obligations resulting from the business
relationship. Without this data, we will therefore generally
have to refuse to conclude a contract with you or will no longer
be able to perform an existing contract.

________________________________________________

________________________________________________
[Participant's first and last name].