Data protection for employees and self-employed consultants

Declaration on the collection and processing of employees' personal data1 and the independent consultant

This Privacy Policy applies to employees working in Germany JobConnector (Germany) (In this privacy policy, both companies are also referred to as "employer", "we", "us", "our" or "the company(ies)".

Temporary workers from JOBCONNECTOR and for independent consultants to whom JOBCONNECTOR arranges assignments with third parties.

The following terms apply:

  • “Employee” refers to employees of the companies, including temporary workers permanently employed by JOBCONNECTOR under an employment contract;
  • “Internal employees” refers to employees of the company excluding temporary workers;
  • “Temporary workers” refers to employees of JOBCONNECTOR who are seconded to other companies;
  • “Independent consultants” refers to self-employed individuals (natural and legal persons) to whom JOBCONNECTOR arranges assignments with third parties.

This privacy policy describes how and for what purposes the companies use your data. personal Collect, store and use data, including your name, address and other information about you.

The companies will process personal data in accordance with applicable data protection regulations, including the General Data Protection Regulation (GDPR).GDPR) and German data protection laws, as well as in accordance with national labor law provisions and any applicable collective agreements.

Under the GDPR and German data protection laws, we are the (sole) "controller" of your personal data; this means that it is our responsibility to decide for what purposes and how your personal data is processed. We comply with our legal obligations when processing your personal data and take appropriate steps to protect it. This privacy policy applies equally to current and former employees as well as current and former self-employed consultants.

It is important that you read this notice together with any other privacy notices we may provide to you, such as the notice included in our applicant registration form; and you should also read it on certain occasions, such as when we collect your personal data from you, so that you know exactly how and why we use your personal data.

What information do we process about you?

During the application process, we collect your personal data directly from you as the primary source, from your CV, possibly from references, and from online tests that you voluntarily complete at our request. Furthermore, we collect various pieces of information about you during your employment with us. This includes, in particular, the following data:

  • Your identity (your full name, any previous names, gender, date of birth and marital status);
  • If necessary, proof of your work permit, which may include a photograph, as well as nationality, place of birth, driver's license, etc. (as required by law);
  • Your contact details including your email address, private address and telephone numbers;
  • Details of bank account details and social security number (so that we can make and prove payments to you and, if you are our employee, social security contributions for you);
  • Specific information for payroll processing, such as: your length of service, your bank details, your church tax information;
  • Your tax identification number;
  • Your qualifications, professional experience, career development;
  • Their salary (employees) or fee (self-employed consultants) and other benefits;
  • Your education;
  • Your professional career;
  • Information on referees (previous employers or referees from your field of education) and letters of recommendation;
  • Emergency contact details;
  • Any other information contained in your CV or information you would like to provide to us;
  • Data for performance evaluation;
  • Special features for the administration of contractual services;
  • Absence data;
  • Photos and video recordings taken by you;
  • Results of various tests (personality tests and skills tests);
  • Data from time tracking (employees) or activity recording (self-employed consultants), in particular data entered via our time tracking tools.

If the employee or self-employed consultant does not provide personal data, companies may not be able to manage the employment relationship or the placement of self-employed consultants, and the employee may not be able to participate in certain activities or benefits related to their employment, or the self-employed consultant may not be placed with a client.

Purposes for processing your personal data

We process and store your personal data and may disclose it in order to manage your employment relationship with us or your contractual relationship as an independent consultant and/or to pursue our other legitimate business interests. These include the following:

  • Making a decision regarding your hiring (including participation in personality tests, answering questionnaires, participating in surveys and employee surveys on motivation and onboarding) (employee);
  • Determining the terms and conditions under which you will work for us and preparing your employment contract (employee) or placement contract (self-employed consultant);
  • Obtaining personal references and/or references from previous employers (employees) or clients (self-employed consultants) and issuing references;
  • Administration and maintenance of your personnel file in:
    • Workday and in the HCM portal (internal employees JOBCONNECTOR);
    • in Workday, on a protected folder on the company's internal drive, in the HCM portal, in the time tracking tool "Time and Space" (iCat) and in the paper file (internal employee Protiviti);
    • Administration and maintenance of your data in the digital personnel file on the branch's own drive and in a personnel folder on the payroll department's drive, in Salesforce and in the paper personnel file as well as in the HCM portal and in the time recording tool (temporary workers from JOBCONNECTOR);
  • Conducting employee interviews and performance reviews (employees);
  • Management of your working arrangements (e.g. flexible working hours or home office) (employee);
  • Compliance with obligations regarding health and safety (employees);
  • Setting up the payroll process so that we can transfer your salary and any expense reimbursements to your bank account (employee)
  • Setting up the billing process so that we can transfer your fee and any expense reimbursements to your bank account (self-employed consultants);
  • Payment of your salary and issuance of a monthly payslip (employee);
  • Payment of your fee or a credit note and issuance of a monthly statement after receipt of your invoice (self-employed consultants);
  • Withholding of income tax and social security contributions and settlement with the relevant tax authorities and social security institutions (employees);
  • Management and updating of your absence times such as vacation or sick days, parental leave and other periods of leave (employee);
  • For managing sick leave and assessing your ability to work;
  • Administration of educational support/ student loans/ referral bonuses/ season ticket loans (employees);
  • Making arrangements for the termination of your employment and related administrative tasks (employee);
  • Transfer of your personal data to our parent company in the USA for the purpose of setting up your employee account (employee);
  • Granting appropriate access rights to various internal systems that you need to perform your function in or for the company: such as our Customer Relationship Management system – Salesforce (internal employees of JOBCONNECTOR and Protiviti) and our financial system – PeopleSoft – Global Finance System (internal employees of JOBCONNECTOR); to our HCM portal or time tracking tool (temporary workers and independent consultants of JOBCONNECTOR);
  • Provision of company-owned work equipment (employees);
  • Business planning and management, including annual budgeting for individual departments;
  • Settlement of disputes, grievances, complaints and claims affecting you or other employees/self-employed consultants (employees and self-employed consultants);
  • Monitoring of your use of our information systems in accordance with our Business Tools & Communication Policy (Employee);
  • Fulfillment of all legal, regulatory and administrative obligations and compliance with and application of social security and tax legislation (employees and self-employed consultants);
  • Work planning, both administrative and organizational (temporary workers);
  • Administration of services provided to the customer and their invoicing (temporary workers and independent consultants);
  • Maintaining and ensuring communication between companies and employees/self-employed consultants;
  • Creation and evaluation of statistics;
  • Conducting employee surveys for internal purposes (employees);
  • Support, both administrative and organizational, for the recruitment and application process (employees and independent consultants);
  • Recording and processing your working hours/project times, especially via time tracking tools, to ensure that all legal and contractual provisions, in particular the Working Time Act, are complied with (employees and self-employed consultants);
  • To provide workplace adjustments;
  • For the provision of social benefits (including parental allowance, statutory sick pay, and other benefits). For all other lawful commercial purposes to the extent permitted or required by applicable laws or regulations;
  • Credit reporting agencies and third parties that carry out sanctions and terrorism checks.

Legal basis for the processing of your personal data

We only use your personal data if we are legally entitled to do so. We use your personal data in the following cases:

  • To fulfill a contract to be concluded or concluded with you;
  • To detect criminal offences;
  • To protect our legitimate interests;
  • To fulfill our legal obligations (including collective agreements);
  • When we have your consent to do so;
  • When we assert rights in connection with the employment relationship of employees or the contractual relationship of self-employed consultants;
  • The processing of special categories of personal data is permitted for employment-related purposes if it is necessary for exercising rights or fulfilling legal obligations under employment law, social security law and social protection law, and there is no reason to believe that the legitimate interests of the data subject in excluding the processing override these interests.

A legitimate interest exists when we have a business or commercial reason to use your data in connection with the operation and management of our business. When processing your personal data, we consider all potential impacts on you and your legal rights and strive to balance our mutual interests. We only use your personal data for activities where our interests outweigh yours (unless we have your consent, are required to do so to comply with a legal or regulatory obligation, or are permitted to do so by law).

Sensitive personal data

Sensitive personal data includes information on racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health and sexual orientation.

In some cases, we may process your sensitive personal data because you have chosen to provide it to us.

If we require your written consent, we will inform you specifically which information we would like to receive from you and why we need it. We take additional security and other measures to protect sensitive personal data and restrict the circle of people who have access to this data.

Transfer of your personal data outside the European Economic Area

We are part of an international group of companies. Your personal data is securely stored on servers in Europe and the UK and securely transferred to our parent company, JobConnector International Inc., in the USA, where it is also stored in the cloud.

Data protection laws outside Europe may not offer the same level of protection as those in Europe. In such cases, we ensure that your personal data is adequately protected, secure, and confidential, and that we have a legal basis for transferring it. This means that we require third parties receiving the data to sign the Standard Contractual Clauses approved by the European Commission to guarantee the same level of protection for personal data as it would have been if processed within the EEA.

You have the right to receive a copy of the reasonable safeguards we have in place. To do this, contact the offices listed in the Contact section.

Protection of your personal data

Your personal data will be treated confidentially and may only be viewed or routinely accessed by you, your direct supervisor (and higher-ranking supervisors in your team's reporting line), employees of the Human Resources and Payroll departments, and, where applicable, other employees involved in managing your employment or project (employees and independent consultants). If other employees are granted access to your personal data for financial, budgeting, resource planning, forecasting, or other legitimate business purposes, this access will be limited to data relating to your work (such as your name, position, office location, and direct supervisor). Access to the data will only be granted to individuals who have been appropriately authorized beforehand. Authorization will only be granted if there is a genuine business need and only to the extent necessary to fulfill the respective task.

We use modern, secure storage facilities and technical protection methods to protect your personal data from unauthorized or unlawful processing or transmission, accidental loss, accidental destruction or other damage.

When we engage third parties to provide services and it is necessary for these third parties to access your personal data for reasons of their legitimate interests, we ensure that they only have access to your data to the extent necessary for the provision of the services. Furthermore, we ensure that each service provider we engage is contractually obligated to comply with applicable data protection laws, to treat your personal data confidentially, and to implement appropriate safeguards to protect your personal data.

Collection and processing of your personal data as follows

Your personal data will be

  • into our online JOBCONNECTOR tool “Workday“and transferred to the HCM portal (internal employees at JOBCONNECTOR);
  • in Workday, to a protected folder on the company's internal drive, to the HCM portal, to the time tracking tool "Time and Space" (iCat) and to the paper file (internal employee Protiviti).

We use Workday and the HCM portal for standard HR administration tasks and payroll processing, and we collect personal data in these systems.

  • We manage and maintain the data of JOBCONNECTOR's temporary workers in the digital personnel file on the branch's own drive and in a personnel folder on the payroll department's drive, in Salesforce and in the paper personnel file of the respective employee, as well as in the HCM portal.

This includes the following types of personal data of our employees and independent consultants: your full name, your home address, your personal email address, your private contact details, contact details of persons to be notified in case of emergency, your passport number, your date of birth, your social security number, your tax identification number, your bank details, your salary or fee, your career development, and photos of you. Some of this personal data may have been provided by you or us before your actual joining our company in order to create your (employee) account and to grant you access to the company's IT systems to the extent necessary for your work.

After you start your employment, you will receive an introduction to using Workday (provided by JobConnector and Protiviti staff). You and your manager will record information about your career and training goals, your business and personal development objectives, and any changes to your salary. You can also enter additional personal information and make changes to keep your data up to date, such as if your address changes.

Furthermore, your data may be stored in other databases. However, we always strive to limit the number of locations where your data is stored to optimize its security. Access to this data is granted only to those individuals who genuinely need it to perform their duties. Moreover, their access is restricted to the data they actually require.

Disclosure of your personal data to third parties

In the following cases, JobConnector may disclose your personal data to external third parties (who are not part of the JobConnector group of companies) without notifying you, to the extent necessary or appropriate:

  • Towards companies and individuals that we use to perform business functions and services for us, such as:
    • To the insurance broker we have appointed, so that we can provide you with appropriate company benefits;
    • Payroll services that enable us to pay our employees' salaries;
    • For company events and training courses at external venues;
    • Concur Technologies for travel management and expense accounting (internal employees of JOBCONNECTOR); “Time and Space” (iCat) (internal employees of Protiviti);
    • Egencia for the management of business trips (internal employees of JOBCONNECTOR and Protiviti);
    • United Healthcare Global, which provides services not only in emergencies for our internal employees (from JOBCONNECTOR and Protiviti) on business trips that take them to destinations more than 100 kilometers from their place of residence;
    • External gift voucher system and for sending company-internal birthday cards (internal employees of JOBCONNECTOR);
    • To the operators of the time tracking tools used (employees and self-employed consultants); operation of data storage facilities, including in the USA and in the cloud; hosting of our web servers;
    • Conduct data analyses and statistical evaluations;
    • Services in the areas of law, accounting, auditing and other professional services
  • Towards authorities, e.g. police and other law enforcement agencies; regulatory authorities.
  • To comply with applicable laws and court orders, or when we reasonably consider such action necessary to: (a) comply with the law that requires such disclosure; (b) protect the rights or property of JobConnector or affiliated companies; (c) prevent a crime or offense, protect national security, and/or protect the public.
  • We may sell or transfer parts of our business or business assets to third parties, or merge with them. Similarly, we may acquire or merge with other businesses. If our business changes, we will inform you.
  • This includes IT consultants who perform testing and development work on our IT systems, service providers commissioned by us to process data, and other service providers who may be based outside the EEA.

We impose appropriate contractual security, confidentiality, and other obligations on the external service providers and data processors we engage, in accordance with the services they provide for us. We permit them to process your personal data only in accordance with legal regulations and our instructions. We do not allow third parties to use your personal data for their own purposes, and we ensure that your personal data is securely returned or destroyed upon termination of our business relationship.

These third parties may only use your personal data for the purpose described in this statement.

Some of these external third parties are also responsible for processing your personal data for their own purposes; for example, the local tax authority is responsible for tax matters. We may not be able to impose any obligations or restrictions on these controllers regarding how they process your personal data.

No automated decision-making in individual cases / Support through artificial intelligence

JOBCONNECTOR uses artificial intelligence (“AI”) so that personal data is searched and CVs are compared with jobs / positions in the context of personnel placement or placement of self-employed consultants (non-employees of JOBCONNECTOR) and temporary workers (employees of JOBCONNECTOR) in order to to find suitable jobs/positions. For this purpose, JOBCONNECTOR uses a service from Textkernel BV, Nieuwendammerkade 26a5, NL-1022 AB Amsterdam ("TK"), a company based in the Netherlands / EU.

In general, AI describes computer systems capable of performing tasks that normally require human intelligence, such as self-driving cars or language translation. JOBCONNECTOR processes your data for recruitment purposes or for placement as a self-employed consultant based on legitimate interest pursuant to Article 6(1)(f) GDPR, as it is in your and our mutual interest to find suitable jobs/positions, and for temporary workers based on Section 26 of the German Federal Data Protection Act (BDSG).

You can object to the processing by TK AI at any time by contacting info@job-connectors.de turn around. In this case, we will no longer use TK AI in relation to your CV. This has no consequences or effects, especially not on your application or on the search for suitable positions for you, as we use our personal knowledge about you, the customer and his business, the position and the requirements of the role and the market at all times and make every decision alone.

CVs that are no longer suitable for job placement, positions that have been filled or are no longer available, or if you decide to object to the processing of your CV by TK AI, will be deleted by TK.

For further information, including details on the balancing of legitimate interests, please contact us. info@job-connectors.de.

Duration of storage of your personal data

We store your personal data for the duration of your employment or your assignment with a third party as an independent consultant, based on a referral made by us and in accordance with our legal obligations. Unless the law stipulates a retention period, we store your personal data only as long as necessary. You can request further information on the retention periods for your personal data by contacting us at the following email address: info@job-connectors.de.

Your legal rights

Your legal rights are described in our privacy policy.

In summary, you have the following rights:

  • The right to access and view your personal information.
  • The right to correct the personal data we process about you.
  • The right to request the removal/destruction of your personal data.
  • The right to object to the processing of your personal data.
  • The right to request the restriction of the processing of your personal data.
  • The right to request the transfer of your personal data to you or a third party.
  • You have the right to withdraw your consent at any time with effect for the future if we rely on your consent to process your personal data.
  • The right to lodge a complaint with a supervisory authority.

These rights must always be exercised within the limits set by applicable data protection regulations.

In cases of justified doubt regarding identity, the company may request additional proof of identity to protect the personal data of the employee/self-employed consultant against unauthorized access.

Contact

If you have any questions about this privacy policy for employees and self-employed consultants or about our use of your personal data, please contact our HR department, your contact person, or send us an email to: info@job-connectors.de.

You also have the option of contacting our external data protection officer directly:

 

1All masculine terms used in this statement are for simplification purposes and refer to members of all genders (m/f/d) equally; full equality is guaranteed.