The controller within the meaning of the General Data Protection Regulation (hereinafter "GDPR") and other national data protection laws of EU countries and other data protection laws is:
Managing Directors: Josef Günthner, Daniel Wernicke, Christian Scholle
Am Sandtorkai 48
20457 Hamburg, Germany
Telefon: +49 (0) 40 180 241 180
Data protection officer:
Dr. Christian Rauda
Board-certified specialist for copyright and media law
Board-certified specialist for information technology law
Board-certified specialist for intellectual property law
GRAEF Rechtsanwälte Digital PartG mbB
Tel.: +49.40.80 6000 9-0
Fax: +49.40.80 6000 9-10
Email: firstname.lastname@example.org Website: www.graef.eu
I. General information about data processing
1. Extent of processing personal data
We will generally collect and use personal data of our users only if and to the extent necessary to make available a functional website and/or to provide our content and services. Personal data of our users generally will be collected and/or used only with the prior consent of the user. An exception applies in cases where obtaining prior consent is practically impossible and where data processing is permitted by applicable law.
Insofar as we disclose data to other persons and companies (commissioned processing or third parties) within the scope of our processing, transfer them to them or grant them access to the data, this only takes place on the basis of a legal permission (e.g. if a transfer of data to third parties, such as payment service providers, is necessary for the performance of a contract pursuant to Art. 6 para. 1 let. b GDPR), if you have consented to it, if a legal obligation provides for it or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties with the processing of data on the basis of a so-called "commissioned processing agreement", this is done on the basis of Art. 28 GDPR. If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or in the context of using third party services or of disclosure or transfer of data to third parties, this will only occur if it is done to fulfil our (pre)contractual obligations, on the basis of your consent, a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only if the special requirements of Art. 44 et seq. GDPR are met. This means that the processing takes place, for example, on the basis of special guarantees, such as the officially recognised determination of a data protection level corresponding to the EU (e.g. in the USA the "Privacy Shield") or compliance with officially recognised special contractual obligations (so-called "standard contractual clauses").
2. Legal basis for processing personal data
Insofar as we obtain the consent of the data subject for processing personal data, Art. 6 para. 1 let. a GDPR serves as the legal basis. Art. 6 para. 1 let. b GDPR serves as the legal basis for the processing of personal data required for the performance of a contract to which the data subject is a party. This also applies to processing which is necessary for the performance of pre-contractual measures. Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 let. c GDPR serves as the legal basis. If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh our interest, Art. 6 para. 1 let. f DSGVO serves as the legal basis for the processing.
3. Erasure of data and data storage
Personal data of a data subject will be erased or blocked as soon as they are no longer needed for the purposes for which they are stored. Data may also be blocked if provided for by EU or national regulations, laws, or other provisions to which the controller is subject. Data will also be blocked or erased if recordkeeping obligations under the aforementioned norms expire, unless continued storage of such data is necessary to enter into or perform a contract.
II. Making available the website and creating log files
1. Description and extent of data processing
When our website is accessed, our system will automatically collect data and information from the computer system of the terminal device accessing the website.
In this context, the following data will be collected for a limited time period:
- information about the type and version of the browser used,
- the operating system of the user,
- the Internet service provider of the user,
- the IP address of the user,
- the date and time of access,
- the websites from which the system of the user arrived on our website
Such data will be stored in log files of our system. Such data are needed only to analyze any malfunctions and will be erased at the latest within seven days. The legal basis for temporarily storing data in log files is Art. 6 para. 1 let. f) GDPR. Temporary storage of the IP address for the system is necessary for making the website available to the terminal device of the user. For this purpose, the IP address of the user must be stored for the duration of the session. Data are stored in log files to ensure the functionality of our website. In addition, such data are used to optimize the website and to ensure the security of our IT systems. Data will not be analyzed for marketing purposes in this context, and we will draw no inferences as to your identity. The aforementioned purposes also provide the basis of our legitimate interest in data processing within the meaning of Art. 6 para. 1 let. f GDPR. Collecting data to make available the website and to store data in log files is necessary for operating the website. Consequently, users have no right to object to the collection or use of such data for the aforementioned purposes.
1. Description and extent of data processing
IV. Web analysis and other Google-services, as well as lead generation
1. Google Analytics
Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.
Google will use this information as a commissioner to evaluate the use of our online services, to compile reports on activities within this online service and to provide us with other services related to the use of this online service and the Internet. Pseudonymous user profiles of the users can be created from the processed data.
We use Google Analytics only with activated IP anonymisation. This means that the IP address of the user is shortened by Google in the territory of EU member states or other contracting states of the Agreement on the European Economic Area. Only in exceptional cases the full IP address will be transmitted to a Google server in the U.S.A. and shortened there.
The IP-address collected by the user’s browser will not be linked with other data from Google. Users can prevent the collection of information by the cookie in their browser settings; furthermore, users can inhibit the collection of the data concerning their usage of the online-services and Google’s processing of this data by installing a browser-plugin which is available here: http://tools.google.com/dlpage/gaoptout?hl=de.
Further information on the use of data by Google, setting and objection options can be found on the websites of Google: https://www.google.com/intl/de/policies/privacy/partners("Use of data by Google for your use of websites or apps of our partners"), http://www.google.com/policies/technologies/ads ("Use of data for advertising purposes"), http://www.google.de/settings/ads ("Manage information that Google uses to show you advertising").
2. Google re/marketing services
We use marketing and remarketing services (in short "Google Marketing Services") from Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland (“Google”) on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online services within the meaning of Art. 6 para. 1 let. f. GDPR).
Google is certified under the Privacy Shield Agreement and thereby offers a guarantee of compliance with European data protection laws (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google's marketing services allow us to display ads for and on our website in a more targeted manner to show users only ads that potentially match their interests. If, for example, a user is shown ads for products in which he or she is interested on other websites, this is referred to as "remarketing". For these purposes, when you visit our and other websites on which Google marketing services are active, Google executes a code directly from Google and (re)marketing tags (invisible graphics or code, also known as "web beacons") are incorporated into the website. With their help, an individual cookie, i.e. a small file, is stored on the user's device (comparable technologies can also be used instead of cookies). Cookies can be set by various domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com and googleadservices.com. In this file it is noted which websites the user visits, which content he is interested in and which ads he has clicked on, furthermore technical information about the browser and operating system, referring websites, visiting time as well as further information about the use of our online services. The IP address of the user is also recorded. We inform you that within the scope of Google Analytics the IP address is shortened within the territory of EU member states or other contracting states of the Agreement on the European Economic Area and only in exceptional cases transferred completely to a Google server in the USA and shortened there. The IP address is not linked with other data from Google. Google may also combine the above-mentioned information with comparable information from other sources. If the user visits other websites, ads tailored to the user's interests can be shown.
User data is processed pseudonymously within the framework of Google marketing services. That means that Google does not store and process, for example, the name or e-mail address of the user, but processes the relevant cookie-related data within pseudonymous user profiles. This means that, from Google's point of view, the ads are not administered and displayed for a specifically identified person, but for the cookie holder, regardless of who this cookie holder is. This does not apply if a user has expressly permitted Google to process the data without this pseudonymisation. Information collected about users by Google marketing services is transmitted to Google and stored on Google's servers in the U.S.A..
One of the Google marketing services we use is the online advertising program "Google AdWords". In the case of Google AdWords, each AdWords customer receives a different "conversion cookie". Cookies cannot therefore be traced across websites of different AdWords customers. The information collected with the help of cookies or AdWords pixels is used to generate conversion statistics for AdWords customers who have opted for this tracking. AdWords customers will know the total number of users who clicked on their ad and were directed to a website tagged with a conversion tracking tag. However, they will not receive any information that personally identifies users.
If you wish to opt out of interest-based advertising by Google marketing services, you can use the settings and opt-out options provided by Google: http://www.google.com/ads/preferences.
3. Lead generation tools
4. Matelso Call Tracking
V. Contact form, data protection in application procedures
When contacting us (e.g. via contact form, e-mail, telephone or social media), the user's data are processed for the purpose of processing the contact inquiry and processing it in accordance with Art. 6 para. 1 let. b GDPR. User data may be stored in a customer relationship management system ("CRM system") or a comparable enquiry organisation.
The data controller collects and processes the personal data of applicants for the purpose of processing the application procedure. The processing can also be carried out electronically. This is particularly the case if an applicant submits the relevant application documents electronically, for example by e-mail or via a form on the website, to the data controller. If the data controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the data controller does not conclude an employment contract with the applicant, the application documents shall be automatically deleted six months after notification of the rejection decision, unless deletion conflicts with any other legitimate interests of the data controller. Any other legitimate interest in this sense is, for example, a burden of proof. When establishing contact with us (e.g. by contact form, e-mail, telephone or social media), the user's details are processed in order to process the contact enquiry and its processing in accordance with Art. 6 para. 1 let. b GDPR. We delete the inquiries if they are no longer necessary. Furthermore, the statutory archiving obligations apply.
In this context, we use the customer relationship management system of eRecruiter GmbH (eRecruiter GmbH, Am Winterhafen 4, A-4020 Linz, Universitätsring 8/Stg. II/1A, Austria). Your application will be redirected to their server. The data protection conditions of eRecruiter GmbH, which can be found at https://www.erecruiter.net/nutzungsbedingungen-datenschutz/, apply in this respect. If necessary, we may contact you using the data you have transmitted and this data use serves the fulfilment of the contractual purpose according to Art. 6 para. 1 let. b GDPR and that is also our legitimate interest in data processing according to Art. 6 para. 1 let. f GDPR.
VI. Online presences in social media and implementation of third party services
1. Use of Facebook Social Plugins
We use social plugins ("plugins") on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online services within the meaning of Art. 6 para. 1 let. f GDPR) from the social network facebook.com, which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”). The plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and are recognizable by one of the Facebook logos (white "f" on a blue tile, the terms "like", "like" or a "thumbs up" sign) or are marked with the addition "Facebook Social Plugin". The list and appearance of Facebook social plugins can be found here: https://developers.facebook.com/docs/plugins/. Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active.
When a user uses a feature of an online service which contains such a plugin, his device establishes a direct connection to the Facebook servers. The content of the plugin is transmitted directly from Facebook to the user's device which integrates it into the online service. User profiles can be created from the processed data. We therefore have no influence on the extent of the data that Facebook collects with the help of this plugin and therefore inform the user according to our state of knowledge.
If a user is a Facebook member and does not want Facebook to collect data about him or her by means of our online services and link it to the member data stored on Facebook, he or she must log out of Facebook and delete his or her cookies before using our online service. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or the US page http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers and mobile devices.
2. Use of Twitter
3. Use of Google Plus
4. Use of Xing
5. Use of LinkedIn
6. Use of Tawk.to
VII. Information pursuant to Art. 14 DSGVO
1. Name and contact details of data controller and contact details of data protection officer:
(Am Sandtorkai 48, 20457 Hamburg, phone: +49 (0)40 180 241 180, email: email@example.com)
Numeris Consulting GmbH
(Am Sandtorkai 48, 20457 Hamburg, phone: +49 (0)40 211 076 202, email; firstname.lastname@example.org)
(Am Sandtorkai 48, 20457 Hamburg, phone: +49 (0)40 211 076 218, email: email@example.com)
(Am Sandtorkai 48, 20457 Hamburg, phone: +49 (0)40 211 0762 03, email: firstname.lastname@example.org)
Foxio Consulting GmbH
(Am Sandtorkai 48, 20457 Hamburg, Telefon: +49 (0) 40 696 326 969, Email: email@example.com)
(Am Sandtorkai 48, 20457 Hamburg, phone: +49 (0)30 403 641 030, email: firstname.lastname@example.org)
CAREERTEAM Schweiz GmbH
(Feldeggstrasse 4, 8008 Zurich, phone: +41 (0)43 508 93 29, email: email@example.com)
(Keizersgracht 391A, 1016 EJ Amsterdam, phone: +31 (0)20 244 02 47, email: firstname.lastname@example.org)
(17-21, rue Saint Fiacre, 75002 Paris, phone: +33 1 73 06 21 39, email: email@example.com).
Data Protection Officer for all of the companies listed above:
Dr. Christian Rauda Board-certified specialist for information technology law
GRAEF Rechtsanwälte Digital Partnerschaftsgesellschaft mbB
20149 Hamburg Germany
Phone +49.40.80 6000 9-0
Fax +49.40.80 6000 9-10
2. Purposes for which personal data will be processed and legal basis for processing
Matching suitable candidates – as single candidates or in teams – and companies for the purpose of concluding an employment contract. The processing is based on Art. 6 para. 1 let. f GDPR.
3. Categories of personal data to be processed
Name, Xing or LinkedIn link, current position, current employer, correspondence with candidate if applicable.
4. Recipients or categories of recipients of personal data
Each internal department which conducts recruiting for companies. The data will only be passed on to a potential employer with the candidate's consent.
5. Intention of the data controller to transmit the personal data to a recipient in a third country or an international organisation
Data will not be transmitted outside the EU.
6. Duration for which personal data are stored or, if that is not possible, the criteria for determining that duration
Data will be stored as long as the data subject is a potential candidate for exciting job offers.
7. If processing is based on Art. 6 para. 1 let. f GDPR, the legitimate interests pursued by the data controller or a third party
We want to address candidates as individually and personally as possible and only offer them jobs that we are convinced will fit the candidate perfectly. As part of our corporate network, we not only place individual candidates, but also put together cross-professional teams. Moreover, we have an economic interest in placing vacancies.
8. Source from which the personal data originates and, if applicable, whether it originates from publicly accessible sources;
Xing or LinkedIn (public data).
9. Rights of data subjects
as well as for the data controllers at no. 2. in section 1 under the following links:
Numeris Consulting GmbH: https://www.numeris-consulting.de/datenschutz
Sinceritas GmbH: https://www.sinceritas.com/datenschutz
alphacoders GmbH: https://www.alphacoders.de/datenschutz
Foxio Consulting GmbH https://www.foxio.com/datenschutz
CAREERTEAM GmbH: https://www.careerteam.co.uk/privacy-policy
CAREERTEAM Schweiz GmbH: https://www.careerteam.ch/datenschutz
CAREERTEAM BV: https://www.careerteam.nl/privacyverklaring
CAREERTEAM S.A.S.: https://www.careerteam.fr/protection-des-donnees
VIII. Rights of data subjects
If we process your personal data, you will be a data subject within the meaning of the GDPR and you will have the following rights against the controller:
1. Right to information
You may demand that the controller confirm whether or not personal data about you are processed by us.
If we do process such data, you may demand the following information from the controller:
- the purposes for which your personal data are processed;
- the categories of personal data that are processed;
- the recipients or categories of recipients to whom your personal data have been or will be disclosed;
- how long we plan to store your personal data or, if that time period cannot be ascertained yet, the criteria used to determine how long we will store your personal data;
- whether you have a right to rectification or erasure of your personal data, a right to restricted processing by the controller, or a right to object to such processing;
- whether you have a right to lodge a complaint with a supervisory authority;
- any available information about the origin of data if they were not collected directly from the data subject; and
- whether your personal data will be transferred to any third country or international organization; in connection with such transfers you may demand to be informed of appropriate safeguards within the meaning of Art. 46 GDPR.
2. Right to rectification
You have a right against the controller to have incorrect personal data rectified and/or to have incomplete personal data completed if the personal data we process are incorrect or incomplete. The controller must rectify data without undue delay.
3. Right to restricted processing
Under the following conditions you may demand restricted processing of your personal data:
- if you dispute the correctness of your personal data for a time period that allows the controller to review whether your personal data are correct;
- if processing is unlawful and you decline to have your personal data erased and instead demand restricted use of your personal data;
- if the controller no longer needs your personal data for the purposes for which they are processed, but you need such data to assert, exercise, or defend legal rights or claims, or
- if you have objected to processing of your personal data in accordance with Art. 21 para. 1 GDPR and it has not yet been determined whether there are overriding legitimate reasons of the controller.
If processing of your personal data is restricted, such data may – except for their storage – be processed only with your consent, or to assert, exercise, or defend legal rights or claims, to protect the rights of another natural person or legal entity, or for reasons related to an important public interest of the European Union or any member state.
If processing of your personal data has been restricted under the aforementioned conditions, you will be notified by the controller before the restriction is lifted.
4. Right to erasure
a) Erasure obligation
You may demand that the controller erase your personal data without undue delay and the controller has an obligation to do so if one of the following reasons applies:
- your personal data are no longer needed for the purposes for which they were collected or are otherwise processed;
- you have revoked your consent on which the processing of your data is based in accordance with Art. 6 para. 1 let. a) or Art. 9 para. 2 let. a) GDPR, and there is no other legal basis for processing your personal data;
- you have objected to processing of your personal data in accordance with Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for processing your personal data, or you object to processing in accordance with Art. 21 para. 2 GDPR;
- your personal data have been processed unlawfully;
- erasing your personal data is necessary to comply with a legal obligation under European law or member state law to which the controller is subject; or
- your personal data were collected with respect to offered information society services within the meaning of Art. 8 para. 1 GDPR.
b) Information to third parties
Where the controller has made personal data public and has an obligation under Art. 17, para. 1 to erase such personal data, the controller, taking into account available technology and the cost of implementation, must take reasonable steps, including technical measures, to inform controllers which are processing such personal data that the data subject has requested the erasure by such controllers of any links to, or copies or duplicates of, such personal data.
There is no right to erasure if processing personal data is necessary
- to exercise the right to freedom of expression and information;
- to comply with a legal obligation which requires processing of your personal data under EU or member state law to which the controller subject, or to perform a task that is in the public interest, or to exercise official authority vested in the controller;
- for reasons of the public interest in the area of public health within the meaning of Art. 9 para. 2 let. f) and i) and Art. 9 para. 3 GDPR; or
- to assert, exercise, or defend legal rights or claims.
5. Right to notification
If you have exercised your right to rectification, erasure, or restricted processing against the controller, the controller has an obligation to notify all recipients to whom your personal data have been disclosed of such rectification, erasure, or restricted processing, unless this proves impossible or would be associated with unreasonable expense. You have a right to be informed of all such recipients by the controller.
6. Right to data portability
You have a right to receive personal data you have made available to the controller in a structured, standard, and machine-legible format. You also have the right to transfer your personal data to another controller without any interference by the controller to whom the personal data were made available, if
- processing is based on consent within the meaning of Art. 6 para. 1 let. a) GDPR or Art. 9 para. 2 let. a) GDPR or on a contract within the meaning of Art. 6 para. 1 b) GDPR, and
- data processing is automated.
In exercising the right to data portability you further have the right to have your personal data transferred directly from one controller to another controller, if and to the extent that this is technically feasible. No rights or freedoms of any other persons may be infringed thereby. The right to data portability does not apply to processing of personal data that is necessary to perform a task that is in the public interest or to processing of personal data in the exercise of official authority vested in the controller.
7. Right of objection
You have the right for reasons related to your particular situation to object to processing of your personal data at any time based on Art. 6 para. 1 let. e) or f) GDPR; the same applies to any profiling based on the aforementioned provisions. If you object, the controller will no longer process your personal data, unless the controller can show that there are compelling protected reasons for processing your personal data that override your interests, rights and freedoms, or if your data are processed to assert, exercise, or defend legal rights or claims. If your personal data are processed for direct advertising purposes, you have a right to object to processing of your personal data for purposes of such advertising at any time; the same applies to any profiling associated with such direct advertising. If you object to processing of your personal data for purposes of direct advertising, your personal data will no longer be processed for such purposes. In connection with use of information society services you may exercise your right of objection – regardless of Directive 2002/58/EC – by using automated processes for which technical specifications are used. For this purpose you may send an email to our data protection officer.
8. Right to revoke consent to data processing
You have a right to revoke your consent to data processing at any time. If you exercise your right of revocation, the lawfulness of data processing that occurs before revocation based on your consent will remain unaffected.
9. Automated decision in a particular case, including profiling
You have a right not to be subjected to a decision that is made exclusively by means of automated processing – including profiling – if such a decision has legal consequences for you or otherwise substantially impairs your interests. This does not apply if the decision
- is necessary to enter into or perform a contract between you and the controller,
- is permitted under EU or member state law to which the controller is subject and such law provides for appropriate safeguards to protect your rights, freedoms, and legitimate interests, or
- is made with your express consent.
However, such decisions may not be made with respect to special categories of personal data within the meaning of Art. 9 para. 1 GDPR, unless Art. 9 para. 2 let. a) or g) GDPR applies and appropriate safeguards have been implemented to protect your rights, freedoms, and legitimate interests. In cases 1) and 3) above the controller must implement appropriate safeguards to protect your rights, freedoms, and legitimate interests, which must include, at a minimum, a right to have a person acting on behalf of the controller take action, a right to present your own point of view, and a right to contest the decision.
10. Right to lodge complaint with supervisory authority
Without prejudice to any other available administrative or judicial remedies, you have a right to lodge a complaint with a supervisory authority, in particular a supervisory authority located in the member state of your habitual residence, at your workplace, or at the place of the purported infringement, if in your opinion the processing of your personal data violates the GDPR.
The supervisory authority where the complaint is lodged will then notify the complainant of the progress and outcome of the complaint, including judicial remedies available under Art. 78 GDPR.