Data protection information for applicants

Dear Applicant,

In accordance with the requirements of Articles 13, 14 of the General Data Protection Regulation (DSGVO), we hereby inform you about the processing of personal data provided by you as part of the placement process and, if applicable, collected by us, and your rights in this regard, in order to inform you about how we handle your personal data collected by us as part of the application process.

We hereby provide this privacy statement, which relates solely to the data collected as part of the online application process, to ensure that you are fully aware of how your personal data is processed as part of the process.

Name and contact details of the person responsible

The person responsible for processing your personal data in the context of this contact is

AMA Freight Agency GmbH
Jörg Fock
Wendenstrasse 21a
20097 Hamburg
j.fock@amafreight.com
www.amafreight.com

Contact details of the data protection officer

The designated data protection officer is

SVG-Hamburg eG
Tobias Keimling
Bullerdeich 36
20537 Hamburg
t.keimling@svg-hamburg.de

Sources from which your personal data originates

Your personal data:

Salutation, address 
Professional qualification and further education
Last name 
First name 
Your e-mail address
Your mobile phone number 
Resume
Testimonials
School education
Other data you share with us during the application process

Additional data may come from the following, job-related networks:

Linkedin, Xing

Purposes of processing and their legal basis

Your personal data will be processed for the following purposes:

Implementation of the application process and decision on the establishment of the employment relationship
Communication (telephone, e-mail)
Implementation of pre-contractual measures (initiation of the employment relationship)
Inclusion of applicant data in an applicant pool
Assertion, exercise or defense of legal claims arising from the application process

Processing of special categories of personal data that have been made public - Art. 9 (2) lit e DS-GVO

Insofar as special categories of personal data are processed that you have obviously made public, your data will be processed in accordance with Art. 9 (2) lit e DS-GVO.

Processing for the purpose of asserting, exercising or defending legal claims or in the case of acts of the courts - Art. 6 para. 1 p. 1 lit f DS-GVO, Art. 9 para. 1 lit f DSGVO.

To the extent necessary, your data will be processed for the purpose of asserting, exercising or defending legal claims or in the case of acts of the courts - Art. 6 para. 1 sentence 1 lit f DS-GVO, Art. 9 para. 1 lit f DSGVO.

Processing based on consent - Art. 6 para. 1 p. 1 lit. a DSGVO in conjunction with. Art. 7 DS-GVO, Art. 88 para. 1 DS-GVO in conjunction with. Art. 26 para. 2 BDSG

If you have given your consent to data processing, your data will be processed according to Art. 6 para. 1 p. 1 lit. a DS-GVO in connection with Art. 7 DS-GVO, Art. 88 para. 1 BDSG. Art. 7 DS-GVO, Art. 88 para. 1 DS-GVO in conjunction with. Art. 26 para. 2 BDSG processed

Decision on the establishment of the employment relationship Art. 6 para. 1 p. 1 lit. b DS-GVO, Art. 88 para. 1 DS-GVO in conjunction with. § Section 26 (1) BDSG

We process your data in order to make a decision on the establishment of the employment relationship. In the event of employment in our company, your data will be processed for the purpose of implementing and terminating the employment relationship. Separate information on the processing of your personal data will be provided for this purpose.

Processing on the basis of legitimate interest - Art. 6 para. 1 p. 1 lit. f DSGVO.

Insofar as the processing is carried out to protect a legitimate interest of us or a third party and their interests or fundamental rights and freedoms do not outweigh the first-mentioned interest, Art. 6 (1) p. 1 lit. f DS-GVO serves us as the legal basis for the data processing. Our legitimate interest arises in particular from the following reasons:

The proper implementation and optimization of the application process.
Assertion, exercise or defense of legal claims.

Processing of special categories of personal data - Art. 9 (2) lit. a DS-GVO.

If you have given your consent to the processing of special categories of personal data, such as health data, religious affiliation or nationality, your data will be processed in accordance with Art. 9 (2) lit. a DS-GVO.

Recipients or categories of recipients of the personal data

In the course of processing your personal data, we may disclose the personal data concerning you to the following recipients:

Within our company, exclusively to the departments and persons who need this data to fulfill contractual and legal obligations or to implement our legitimate interests
human resources department
order processors
third parties
affiliated companies

Otherwise, data will only be passed on to recipients outside the company if this is permitted or required by law, if the transfer is necessary to fulfill legal obligations, or if we have your consent.
The data transmitted in the context of your application will be transferred via TLS encryption and stored in a database. This database is operated by Personio GmbH, which offers personnel administration and applicant management software (https://www.personio.de/impressum/). In this context, Personio is our processor according to Art. 28 DS-GVO. The basis for the processing here is an order processing contract between us as the controller and Personio.
 
Transfer of personal data to a third country

In principle, the personal data collected and generated during the provision of relevant products and services are stored on our servers in the European Union. However, because the providers of our software solutions, among others, offer their products and/or services on a global basis based on available resources and servers, your personal data may be transferred to or accessed from other jurisdictions outside the European Union and the European Economic Area. In particular, personal data will be transferred to the third country USA within the meaning of Article 15 (2) DS-GVO. In order to ensure the continuation of the necessary level of protection when data is transferred to a third country, contractual measures are agreed for this purpose. In order to ensure appropriate guarantees for the protection of the transfer and processing of personal data outside the EU, the transfer of data to and processing of data by our service providers is carried out on the basis of appropriate guarantees in accordance with Art. 46 ff DSGVO, in particular by concluding so-called standard data protection clauses in accordance with Art. 46 para. 2 lit. c DSGVO.

Duration of the storage of personal data

We will delete your personal data as soon as the above-mentioned purposes for storing it no longer apply, or you object to the use of your personal data (in the case of processing based on legitimate interests), or you revoke your previously given consent. However, your personal data may also be stored beyond this, in particular in the following cases:

if contractual, legal (in particular from HGB, StGB and AO) or statutory retention periods prevent deletion
for the assertion, exercise or defense of legal claims
if this is required by European or national law to fulfill a legal obligation to which we are subject.

Legal provisions result in the following storage periods for us in particular:

After decision on non-occupation: 6-month retention period for application documents (Section 15 (4) General Equal Treatment Act (AGG), Section 224 Code of Civil Procedure (ZPO)).

If the applicant has consented, the applicant documents are included in the applicant pool and kept there for a maximum of 9 months from the date of consent. They are deleted when the purpose ceases to apply or the consent is revoked by the applicant.
If you are hired by our company, your personal data will be deleted when the purpose ceases to exist, at the latest after the employment relationship ends, provided that no legal retention periods prevent deletion.

Data subject rights

According to the General Data Protection Regulation, you have the following rights:

If your personal data is processed, you have the right to receive information from the controller about the data stored about you (Art. 15 DSGVO).
If incorrect personal data is processed, you have the right to rectification (Art. 16 GDPR).
If the legal requirements are met, you may request the erasure or restriction of processing (Art. 17 and 18 DSGVO).
If you have consented to the data processing or if there is a contract for data processing and the data processing is carried out with the help of automated procedures, you may have a right to data portability (Art. 20 DSGVO).
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes. 
Furthermore, you have the right to lodge a complaint with a supervisory authority (Art. 77 DSGVO). The supervisory authority responsible for us is The Hamburg Commissioner for Data Protection and Freedom of Information. You can reach them at:

The Hamburg Commissioner for Data Protection and Freedom of Information
Ludwig-Erhard-Str 22
20459 Hamburg
Tel.: 040 / 428 54 - 4040
E-mail: mailbox@datenschutz.hamburg.de
www.datenschutz-hamburg.de

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Article 6 (1) (e) of the DS-GVO (data processing in the public interest) and Article 6 (1) (f) of the DS-GVO (data processing on the basis of a balance of interests), Article 21 (1) DS-GVO. This also applies to profiling based on this provision within the meaning of Art. 4 (4) DS-GVO.
If you object, we will no longer process your personal data unless we can demonstrate compelling interests worthy of protection for the processing that override your interests, rights and freedoms, or the processing serves the assertion, exercise or defense of legal claims.
The objection can be made without any formalities.

Right of withdrawal in case of consent

If you have consented to processing by the controller by making a corresponding declaration, you may revoke your consent at any time for the future. The legality of the data processing carried out on the basis of the consent until the revocation is not affected by it.

Final provisions

We reserve the right to adapt this privacy policy at any time so that it always complies with current legal requirements or to reflect changes in the application process or similar. The new data protection declaration will then apply to a renewed visit to this recruiting site or a renewed application.

In addition to this privacy policy, you can visit the following website:
https://www.amafreight.com/de/datenschutz/
to view our general data protection declaration.

Status: April 2023

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