Duty to inform under Art. 13 GDPR when gathering personal data from applicants, employees and freelancers. If you prefer to read this data privacy note in German, please click here.
For reasons of readability, the masculine form has been chosen for the aforementioned personal designations. However, these designations relate to members of all genders.
1. Name and contact details of the controller
AVANTGARDE Experts GmbH & AVANTGARDE Talents GmbH,
represented by their Executive Directors,
AVANTGARDE Experts GmbH & AVANTGARDE Talents GmbH (hereinafter collectively referred to as "we/us" or "the joint controllers") are joint controllers responsible for the data processing (within the meaning of Art. 26 GDPR).
2. Contact details of the data protection officer
AVANTGARDE Experts GmbH & AVANTGARDE Talents GmbH
Birketweg 21, 80639 München
Tel: 089-264 84 73 15
3. Purposes for which the personal data are to be processed, and the legal basis for the processing
In order to be able to carry out the application procedure, the employment contract or the service contract/contract for work, we as well as third parties or data processors contracted by us will process the following data of yours, if and insofar as you have communicated these data to us in the course of the application procedure or the employment relationship:
- personal details (name, address, telephone number, date of birth if necessary, email address if necessary)
- further details in the CV, employer's references, certificates
3.1. Data usage on the basis of your consent (Section 6 (1) s. 1 a) GDPR)
Insofar as you agree to your application being stored in our pool of applicants, the primary purpose of the data processing shall be to use your application for a subsequent vacancy. Additionally, on the basis of your consent, we may, as long as we retain your data, contact you for carrying out internal surveys and for direct marketing. The respective Art. 6 (1) a) GDPR is the legal basis.
3.2. Data processing for the performance of the contract concluded between you and us (Art. 6 (1) s. 1 b) GDPR)
If an employment contract is concluded, we shall process your data for carrying out the employment relationship. Art. 88 GDPR and Section 26 of the new version of the BDSG [German Federal Data Protection Act] are the legal basis.
If a service contract or a contract for work is concluded with you as a freelancer, we shall process your data for carrying out the service contract or contract for work. Article 6 (1) s. 1 b) GDPR is the legal basis for this.
4. Obligation to provide personal data
The provision of personal data is essential for carrying out the application procedure or concluding a contract (employment contract, service contract or contract for work) at AVANTGARDE Experts GmbH & AVANTGARDE Talents GmbH. Non-provision of personal data would have the consequence that the application procedure could not be carried out, and no contract could be concluded.
5. Automated decision-making, including profiling
No profiling measures shall be carried out by the joint controllers.
6. Data transfer to a third country
Data transfers to countries outside of the EU and the European Economic Area ("third parties") ensue in the course of the administration, development and operation of IT systems. Such transfer takes place only in the following cases:
- The transfer is permissible in principle because a statutory criterion for permission is fulfilled, or you have consented to the data transfer, and
- the special prerequisites for such transfer to a third country are met.
7. Recipients of data and data sources
7.1. Categories of data recipients
Insofar as legally permissible, we pass on personal data to external parties:
- public authorities for fulfilling the statutory notification duties
- IT service providers in order to maintain our IT infrastructure
- debt collection service providers and solicitors for the collection of debts and the judicial enforcement of claims.
7. 2. Data sources
We shall process personal data received from you in the course of our business relations. Insofar as necessary for rendering our service, we shall process personal data that we permissibly obtain from publicly accessible sources (debtor directories, land registers, commercial registers and registers of associations, the press, Internet) or that are legitimately communicated to us by other third parties (a credit reference agency or an address service provider).
8. Retention period
In the case of an application, personal data shall be retained for the duration of the application procedure. Personal data shall, if necessary, also be retained for carrying out a task in the public interest or in exercise of official power. Moreover, personal data shall, if necessary, also be retained whilst legal claims are being exercised or defended.
Documents of rejected applicants shall be retained for up to six months on the basis of the Allgemeines Gleichbehandlungsgesetz (AGG) [General Equal Treatment Act] and the Zivilprozessordnung (ZPO) [Code of Civil Procedure].
Insofar as the applicant has consented to his application being stored in a pool of applicants, his application shall, furthermore, be retained as long as this declaration of consent is valid.
In the case of the conclusion of an employment contract, personal data shall be retained for the duration of the employment relationship. The same applies to service contracts/contracts for work with freelancers. Personal data shall, if necessary, also be retained for carrying out a task in the public interest or in exercise of official power. Moreover, personal data shall, if necessary, also be retained whilst legal claims are being exercised or defended.
In principle, the personnel file shall, after the employment relationship has ended, be retained until the statutory retention period has expired, for up three years from the due date of the claim. Individual documents of the personnel file (e.g. wage accounts, exemption certificates) shall, moreover, be retained for a period of up to six years (according to the Einkommenssteuergesetz [Income Tax Act] and the Abgabenordnung [Tax Code] or up to ten years (according to the Handelsgesetzbuch [German Commercial Code].
9. The data subject's rights
AVANTGARDE Experts GmbH & AVANTGARDE Talents GmbH, Arnulfstr. 19, 80335 Munich are joint controllers responsible for the processing of your data, unless otherwise indicated. You may at any time request from us information on the data stored concerning you and, in the case of errors, correction of these data. Furthermore, you may request that processing be restricted, that the data provided to us by you be portable in a machine-readable format, or that your data be deleted insofar as your data are no longer needed.
Additionally, you have the right to at any time opt out of use of your data on the basis of public or legitimate interests. Insofar as we process your data on the basis of consent given by you, you may at any time revoke this consent with effect for the future. From the time when we receive your revocation, we shall cease processing your data for the purposes stated in connection with your consent. Please address your revocation or opt-out to:
AVANTGARDE Experts GmbH & AVANTGARDE Talents GmbH
10. Right to lodge a complaint with a supervisory authority
Additionally, you may at any time submit a complaint to a supervisory authority. In principle, the authority competent for us is the Bayerische Landesamt für Datenschutzaufsicht [Bavarian State Office for Data Protection Supervision], Postfach 606, 91511 Ansbach. Alternatively, you may contact your local supervisory authority.
Click here, if you are looking for our general data privacy statement.