Data protection policy
governing the way we process job applicants’ data
We attach the utmost priority to protecting your personal data and to the security of data processing in connection with your job application. We undertake to protect your privacy and treat your data in strict confidence. Information on the personal data we collect and the purposes and ways of processing same is given below. Statutory amendments and changes to our internal processes can trigger revisions of this data protection policy. For this reason, we recommend that you read it again from time to time.
We offer candidates the opportunity to register with our portal Kienbaum Jobs, where you can save your application documents in a personalized area. If envisaged by the specific job posting, you can also apply for the post concerned by e-mailing the relevant contact person. As regards the processing of your personal data in connection with job applications, our particulars are as follows:
1. Controller, data protection officer and contact details
The controller, as defined by the data protection legislation, is:
Kienbaum Consultants International GmbH
phone.: +49 (221) 801 72-0
fax: +49 (221) 80172-172
We will be pleased to respond to your queries and suggestions concerning data protection. The contact details of our data protection officer are as follows:
Attorney Dr. Gregor Scheja
Scheja und Partner Rechtsanwälte mbB
2. Object of protection: personal data
Data protection is a subject that concerns the protection of personal data. This includes all information that refers to an identified or identifiable natural person, known as the data subject. A name, postal address, telephone number and e-mail address are examples of such information. As regards use of the portal Kienbaum Jobs, personal data also encompasses information that is always collected during such use, such as the start and end time and the extent of the usage.
3. Categories of personal data, purpose and legal basis of data processing
The personal data of yours that we process in connection with job applications and the purpose and legal basis of the processing are outlined below.
3.1 E-mail applications
In the context of the application procedure, we process the personal data that you place at our disposal. This can include data which you use to describe your professional credentials and make available online in social media networks that are used for professional purposes. If you draw our attention to other information about you that is available online, we will also give consideration to this information in connection with your application.
We process your data for the purpose of filling the advertised vacancy and contacting you in this connection.
If the job posting names our customer, the legal basis for the processing of your data, including our transmission of your data to our customer, is provided by Article 6 (1) point f) GDPR (General Data Protection Regulation). Our legitimate interest in the processing and transmission of your data exists in the performance of our service as promised to our customer. The legitimate interest of our customer exists in the filling of the advertised vacancy.
If the job posting does not name our customer, we process and transmit your data only after first disclosing the company’s identity to you, and subject to your consenting to the transmission of your data to our customer pursuant to Article 6 (3) point a) GDPR.
3.2 Application through our candidate portal Kienbaum Jobs
Our portal Kienbaum Jobs has a public area and a personalized area. The publicly accessible job market and general information about Kienbaum Jobs are stored in the public area. Your personal data are entered in our database in the personalized area of Kienbaum Jobs, which is accessible by logging in, for the purposes defined therein. Your data are entered voluntarily for the purpose of supporting your career planning. You are, of course, entitled to object at any time to the processing of your data.
3.2.1 Accessing and using Kienbaum Jobs
As elsewhere on the internet, accessing and using Kienbaum Jobs leaves a data trail of your usage on our servers for technical reasons. The following data are transmitted to our servers and recorded in log files:
data and time of access, IP address of the client, port number, command method, URI Stern and URI query, protocol status, Win32 status, elapsed time, browser type/version, operating system in use, error messages.
We process these data in order to facilitate your use of Kienbaum Jobs while ensuring technical stability and security, and for the purposes of fault diagnosis and clearance. We also process these data in anonymized form for statistical purposes (number of users and page views) and for quality assurance reasons.
We process these data on the legal basis of Art. 6 (1) point f) GDPR. Data processing is necessary to protect our legitimate interest in enabling our customers and interested parties to use Kienbaum Jobs and ensuring the technical functionality of the platform.
These data are processed automatically when Kienbaum Jobs is accessed. You cannot use our services unless the data are made available. We erase these data as a rule after 4 weeks unless we need them longer for the forenamed purposes in exceptional cases. In such an event we erase the data without undue delay once the purpose ceases to exist.
3.2.2 Data in Kienbaum Jobs
You have to register in order to use the personalized services of Kienbaum Jobs. The following data are processed in the various parts of the portal:
a) Registering for the personalized area of Kienbaum Jobs
For registration purposes you are asked to provide the following personal profile data:
preferred greeting, first and last name, date of birth, e-mail address, password.
You can abort your registration at any time by clicking the Cancel button. Pressing Cancel completely erases the data you had already entered.
We process these data in order to register you with and enable you to use Kienbaum Jobs. The processing of these data is based on your consent pursuant to Art. 6 (1) point a) GDPR.
b) Access to personalized area of Kienbaum Jobs
Upon registering with your contact details, an activation link is sent by e-mail to the account you specified, so that you can complete your candidate profile. Upon receiving the e-mail, you have 36 hours to log in to Kienbaum Jobs using your e-mail address and password. If you do not log in within this period, your data are automatically erased for security reasons.
c) Candidate profile
You finalize your registration by logging in to Kienbaum Jobs and completing your candidate profile. The entries for your candidate profile are made in the following boxes – some are mandatory, some are optional:
preferred greeting, title, first name, last name, date of birth, e-mail address, telephone number, CV, current employer, current position, previous employer, previous position, social media link, CV upload, industry knowledge, foreign language skills
place of work, salary, roles, sectors, companies
desired tasks, undesired tasks, company culture, self-assessment
You also have the opportunity to upload your CV electronically as a Word or PDF file.
d) Processing of your personal data in the personalized area
We process these data in order to register you with and enable you to use Kienbaum Jobs, and to provide you with the best possible support by way of the portal. This includes our personnel services, in particular our offer to support you as a candidate when registering with, using and terminating your use of Kienbaum Jobs.
We process your data for the purpose of filling the advertised vacancy and contacting you in this connection.
If the job posting names our customer, the legal basis for the processing of your data, including our transmission of your data to our customer, is provided by Article 6 (1) point f) GDPR. Our legitimate interest in the processing and transmission of your data exists in the performance of our service as promised to our customer. The legitimate interest of our customer exists in the filling of the advertised vacancy.
If the job posting does not name our customer, we process and transmit your data only after first disclosing our customer’s identity to you, and subject to your consenting to the transmission of your data to our customer pursuant to Article 6 (3) point a) GDPR. If you have given us the relevant consent, your personal data collected by Kienbaum are also processed for the following purposes:
• to fill any other positions with a matching job specification in Germany or abroad by Kienbaum or the foreign offices belonging to the Kienbaum network (https://www.kienbaum.com/en/locations/) in the European Economic Area or in “safe” third countries where, according to a decision of the EU Commission, an adequate level of data protection comparable to the EU benchmark applies (https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en#dataprotectionincountriesoutsidetheeu), irrespective of the specific vacant position/recruiting company, and to contact you in this connection.
In such cases, the data can also be processed for the described purposes by the employees of the Kienbaum network abroad entrusted with the relevant recruitment projects. In this connection your data are stored for a maximum of five years after the granting of your consent. No later than upon expiry of this period, Kienbaum will erase your personal data unless you once again give consent, by way of a separate declaration, to the continued storage and processing in the outlined manner for the described purposes of your (then updated) data by Kienbaum;
• to fill positions in collaboration with foreign offices belonging to the Kienbaum network in countries other than the “safe” third countries described in the preceding paragraph in which an adequate level of data protection comparable to the EU benchmark does not exist (“unsafe third countries”), irrespective of the specific vacant position/recruiting company, and to contact you in this connection. Compliance with the data protection principles enshrined in EU law is not guaranteed in these countries. For this reason, an infringement of the fundamental rights and freedoms relating to data protection cannot be ruled out. In particular, the assertion and enforcement, with the aid of public authorities or courts, of rights arising from the EU General Data Protection Regulation can be hampered as a consequence.
In such cases, the data can also be processed for the described purposes by the employees of the Kienbaum network abroad entrusted with the relevant recruitment projects. In this connection your data are stored for a maximum of five years after the granting of your consent. No later than upon expiry of this period, Kienbaum will erase your personal data unless you once again give consent, by way of a separate declaration, to the continued storage and processing in the outlined manner for the described purposes of your (then updated) data by Kienbaum.
The processing operations relating to your personal data described in the two preceding bullet points are based in each case on your consent pursuant to Art. 6 (1) point a) GDPR.
3.2.4 Google Analytics
date and time of access, duration of visit, type of device, operating system in use, functions used by you, quantity of data sent, type of event, IP address, domain name, location (country and city) of the device in use, language, operating system, device resolution, browser in use, traffic source, visited pages of the online shop, triggered by clicking on an ad in the Google search engine
We have activated the IP anonymization in Kienbaum Jobs. Within European Union member states and other signatory countries of the Agreement on the European Economic Area, Google therefore abbreviates your IP address before transmitting it to the USA. Only in exceptional cases is the complete IP address transmitted to a Google server in the USA and abbreviated there. On our behalf, Google uses this information to evaluate your use of the website, compile reports on website activities, and perform additional services for the website operator relating to the use of the website and the internet. The IP address transmitted by your browser in connection with Google Analytics is not merged with any other data held by Google.
You can prevent cookies from being stored by way of browser software settings; please note, however, that in this case you may not be able to use all the functions of Kienbaum Jobs to the full extent. You can also prevent Google from collecting and processing the data generated by the cookie and relating to your use of the website (including your IP address) by downloading and installing the browser plugin by way of the link: https://tools.google.com/dlpage/gaoptout?hl=en.
Objection to data collection
Kienbaum Jobs contains hyperlinks to other providers’ websites. Activating such a link takes you directly to the relevant provider’s website, as indicated by the appearance of a new URL in your browser’s address bar. We cannot accept any responsibility for the way in which your data are treated on such external websites because we have no influence on the host companies’ data processing practices. Please consult the relevant websites directly for information relating to the use of your data.
4. Recipients of the personal data
We treat all the data you enter on the portal Kienbaum Jobs in strict confidence and do not pass on the data to third parties in the absence of your consent or another legal basis.
Provided that you give consent, we transmit your data to Kienbaum Group companies within and/or – subject to your consent – outside the European Economic Area. A list of these companies is available here.
Insofar as we engage other companies (processors pursuant to Art. 28 GDPR) for data processing purposes, they are contractually obliged to treat your data diligently and not to use same for their own purposes or forward same to third parties – while complying with the provisions of data protection legislation and our instructions. The obligation to observe secrecy also encompasses all of our company’s employees.
Your data are stored exclusively in our database and on our servers.
5. Transmission of your data to a third country
Provided that you give consent, we transmit your data to Kienbaum Group companies and/or Kienbaum partner enterprises in Brazil, China, Japan, Switzerland, Singapore, Thailand and the USA. The adequacy of data protection in Japan and Switzerland has been endorsed by a decision of the EU Commission. A similar decision relating to the USA applies only to US organizations participating in the EU-US Privacy Shield program. An adequacy decision has not been adopted in favor of Brazil, China, Singapore or Thailand. As regards the intended transmission of data to these third countries, Kienbaum uses additional suitable or appropriate safeguards in the form of standard data protection clauses adopted by the EU Commission as per the examination procedure according to Article 93 (2) GDPR. You can request a copy of the standard data protection clauses from Kienbaum by way of the contact details provided in Section 1. above.
6. Storage period
The storage period for personal data is stated in the individual sections relating to data processing. In addition, as a general rule, we store your personal data only for as long as required to achieve the purposes or – in case of consent – for as long as you have not revoked the consent. In case of an objection, we erase your personal data unless the relevant statutory provisions allow the processing of same to continue. We also erase your personal data if we are obliged to take such action for statutory reasons.
7. Rights of data subjects
As regards the processing of your personal data, as the data subject you can assert rights against us. Your rights as a data subject are outlined below.
Right of access: You have the right to obtain information as to the personal data concerning you that are being processed by us.
Right to rectification: You can demand that inaccurate personal data concerning you be rectified and that incomplete personal data concerning you be completed.
Right to erasure: You have the right to demand that your personal data be deleted, provided that the statutory conditions are satisfied.
Restriction of processing: Provided that the statutory conditions are satisfied, you can demand that the processing of your personal data be restricted.
Data portability: Provided that the statutory conditions are satisfied, you have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format, and to transmit or have us transmit those data to another controller without hindrance.
Revocation of consent: If you have given us consent to process your data, you can revoke such consent at any time with future effect. The processing of your personal data prior to the revocation of consent shall remain lawful.
Right to lodge a complaint with the supervisory authority: If you consider that the processing of your personal data is infringing data protection law, you can lodge a complaint with the competent supervisory authority. For this purpose, contact the supervisory authority in the member state of your habitual residence, place of work, or place of the alleged infringement.
Objection to data processing: If the data processing is taking place on the basis of a “legitimate interest” pursuant to Art. 6 (3) point f GDPR, you can object at any time to the processing of personal data concerning you on grounds relating to your particular situation. If your data are being processed for the purposes of direct marketing, you can object to such processing at any time without stating grounds.
8. Requirement to provide your personal data
You are not obliged to provide us with your personal data. Without this data, however, we are generally unable to consider you as a candidate for a vacant position.
The most recently revised version of this data protection policy shall apply. Date of this version: [24.10.2019].