Privacy notice for applicants (Art. 13 GDPR)

1. Controller

The controller responsible for processing your personal data is ESS European Staffing Service GmbH, Dorfaue 9, 14979 Großbeeren. For any data protection questions please contact us at: s.bieniek@ess-staffing-service.de.

2. Applicable law

We process your data under the General Data Protection Regulation (GDPR), supplemented by the German Federal Data Protection Act (BDSG) and – when recruiting candidates from Poland – the Polish Labour Code (Art. 22¹ and 22¹ᵃ).

3. Purposes and legal bases

a) Carrying out the recruitment process you are applying for – Art. 6(1)(b) GDPR (steps taken at your request prior to entering into a contract). Data you provide on your own initiative (e.g. in your CV or message) is processed on the basis of your consent – Art. 6(1)(a) GDPR.

b) Future recruitment processes – Art. 6(1)(a) GDPR, only if you give your consent (valid for 2 years).

c) Preparing your employment after you accept an offer – the data required to conclude a contract with a specific employer (e.g. address, date of birth, tax ID, social security number, health insurance fund, bank details) is collected only at that stage, via a separate form – Art. 6(1)(b) and (c) GDPR. Passing this data on to the employer and copies of your identity document are based on your consent (Art. 6(1)(a) GDPR, in Germany also § 20(2) PAuswG).

d) Establishing, exercising or defending legal claims (e.g. under the German General Equal Treatment Act – AGG) – Art. 6(1)(f) GDPR (our legitimate interest).

4. Recipients

Your data may be disclosed only to the extent necessary to:

- IT service providers acting on our behalf under data processing agreements (website hosting – LH.pl, Poland; file storage – Hetzner Online GmbH, Germany),

- the employer or client company where you will work – only with the consent you give in the data form,

- authorities and institutions where required by law.

5. Transfers outside the EEA

We do not transfer your data to countries outside the European Economic Area.

6. Retention period

- employment data (documents and photos of them, tax, insurance and bank details, address, date of birth) – until you start work: no later than 14 days after the start date and no longer than 6 months after your application. Data required for employment is passed on to the employer / HR department, where it is kept for the statutory retention periods,

- name, phone number, e-mail address and CV of people who have started work – for the duration of the cooperation,

- data of other applicants – up to 6 months after the application (in case of possible claims); if you consented to future recruitment – 2 years from giving consent or until you withdraw it.

After these periods the data is deleted automatically.

7. Your rights

You have the right of access, rectification, erasure, restriction of processing, data portability and the right to object to processing based on legitimate interests. You may withdraw your consent at any time – an e-mail to s.bieniek@ess-staffing-service.de is enough. Withdrawal does not affect the lawfulness of processing carried out before it. We handle erasure requests without undue delay, at the latest within one month.

You have the right to lodge a complaint with a supervisory authority: Die Landesbeauftragte für den Datenschutz und für das Recht auf Akteneinsicht Brandenburg (LDA Brandenburg), Stahnsdorfer Damm 77, 14532 Kleinmachnow, or with the authority in your country of residence – in Poland the President of the Personal Data Protection Office (UODO, ul. Stawki 2, 00-193 Warsaw).

8. Provision of data

Providing data in the recruitment process is voluntary but necessary to take part in it. Employment data is required to conclude a contract – without it employment is not possible.

9. Automated decision-making

We do not use automated decision-making or profiling.