General Data Protection Regulation
Please read the following information carefully to understand our views and practices regarding your personal data and how we will use it. For the purposes of data protection legislation the data controller is Heinicke Consulting. They can be contacted via e-mail: firstname.lastname@example.org.
Who we are and what we do
We are a recruitment agency and recruitment business.
We collect the personal data of the following types of people to allow us to undertake our business:
- Prospective and placed candidates for permanent or temporary roles;
- Prospective and live client contacts;
- Supplier contacts to support our services;
- Employees, consultants, temporary workers;
We collect information about you to carry out our core business and ancillary activities.
Types of processed data
- Inventory data (e.g., person master data, name or address).
- Contact information (e.g., e-mail, phone numbers).
- Content data (e.g., text input, photographs, videos).
- Usage data (e.g., websites visited, interest in content, access times).
- Meta / communication data (e.g., device information, IP addresses).
Purposes of the processing
We use information held about you in the following ways: To carry out our obligations arising from any contracts we intend to enter into or have entered into between you and us and to provide you with the information, products and services that you request from us or we think will be of interest to you because it is relevant to your career or to your organisation. To provide you with information about other goods and services we offer that are similar to those that you have already purchased, been provided with or enquired about. The core service we offer to our candidates and clients is the introduction of candidates to our clients for the purpose of temporary or permanent engagement. However, our service expands to supporting individuals throughout their career and to supporting businesses’ resourcing needs and strategies.
Relevant legal bases
In accordance with Art. 13 GDPR, we inform you about the legal basis of our data processing. For users within the scope of the General Data Protection Regulation (GDPR), i. the EU and the EEC, unless the legal basis in the data protection declaration is mentioned:
The legal basis for obtaining consent is Article 6 (1) lit. a and Art. 7 GDPR;
The legal basis for the processing for the fulfillment of our services and the execution of contractual measures as well as the answer to inquiries is Art. 6 para. 1 lit. b GDPR;
The legal basis for processing to fulfill our legal obligations is Art. 6 para. 1 lit. c GDPR;
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR as legal basis. The legal basis for the processing required to perform a task in the public interest or in the exercise of official authority which has been delegated to the controller is Article 6 (1) lit. e GDPR. The legal basis for processing in order to safeguard our legitimate interests is Article 6 (1) lit. f GDPR. The processing of data for purposes other than those to which they have been granted is governed by the provisions of Article 6 (4) GDPR. The processing of special categories of data (according to Art. 9 (1) GDPR) is governed by the provisions of Art. 9 (2) GDPR.
Our Legitimate Business Interests
Our legitimate interest in collecting and retaining your personal data is described below:
As a recruitment business and recruitment agency we introduce candidates to clients for permanent employment, temporary worker placements or independent professional contracts. The exchange of personal data of our candidates and our client contacts is a fundamental, essential part of this process.
In order to support our candidates’ career aspirations and our clients’ resourcing needs we require a database of candidate and client personal data containing historical information as well as current resourcing requirements.
To maintain, expand and develop our business we need to record the personal data of prospective candidates and client contacts.
Collaboration with contract processors, joint controllers and third parties
If, in the course of our processing, we disclose data to other persons and companies (contract processors, joint controllers or third parties), transmit them to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (eg if the data is transmitted to third parties, such as to payment service providers, to fulfill the contract), users have consented to a legal obligation to do so or on the basis of our legitimate interests (eg the use of agents, web hosts, etc.).
If we disclose data to other companies in our group, convey it or otherwise grant access to it, this is done in particular for administrative purposes as a legitimate interest and, moreover, based on a legal basis.
Disclosure of your information inside and outside of the EEA
We will share your personal information with: Any member of our group both in the EEA and outside of the EEA.
Selected third parties including: clients for the purpose of introducing candidates to them; candidates for the purpose of arranging interviews and engagements; clients, business partners, suppliers and sub-contractors for the performance and compliance obligations of any contract we enter into with them or you; subcontractors including email marketing specialists, event organisers, payment and other financial service providers.
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (”EEA”). It may be transferred to third parties outside of the EEA and franchise offices, for the purpose of our recruitment services. It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. This includes staff engaged in, among other things, our recruitment services and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. Heinicke Consulting will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy notice.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our sites; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
Rights of the data subjects
You have the right to ask for confirmation as to whether the data in question is being processed and for information about this data as well as for further information and copying of the data in accordance with legal requirements.
You have accordingly. the legal requirements to demand the completion of the data concerning you or the correction of the incorrect data concerning you.
In accordance with the statutory provisions, they have the right to demand that the relevant data be deleted immediately, or alternatively to demand a restriction of the processing of the data in accordance with the statutory provisions.
You have the right to request that the data relating to you provided to us be obtained in accordance with legal requirements and to request their transmission to other persons responsible.
They also have the right, in accordance with the legal requirements, to submit a complaint to the competent supervisory authority.
Should we want or need to rely on consent to lawfully process your data we will request your consent orally, by email or by an online process for the specific activity we require consent for and record your response on our system. Where consent is the lawful basis for our processing you have the right to withdraw your consent to this particular processing at any time.
Retention of your data and Deletion of data
We understand our legal duty to retain accurate data and only retain personal data for as long as we need it for our legitimate business interests and that you are happy for us to do so. Accordingly, we have a data retention notice and run data routines to remove data that we no longer have a legitimate business interest in maintaining.
We do the following to try to ensure our data is accurate: prior to making an introduction we check that we have accurate information about you we keep in touch with you so you can let us know of changes to your personal data We segregate our data so that we keep different types of data for different time periods.
The criteria we use to determine whether we should retain your personal data includes: the nature of the personal data; its perceived accuracy; our legal obligations; whether an interview or placement has been arranged; and our recruitment expertise and knowledge of the industry by country, sector and job role. We may archive part or all of your personal data or retain it on our financial systems only, deleting all or part of it from our main Customer Relationship Manager (CRM) system.
Unless the data is deleted because it is required for other and legitimate purposes, its processing will be restricted. That The data is blocked and not processed for other purposes. This applies, for example for data that must be kept for commercial or tax reasons.
We process the applicant data only for the purpose and in the context of the application process in accordance with the legal requirements. The processing of the applicant data takes place in order to fulfill our (pre-) contractual obligations in the context of the application process within the meaning of Art. 6 para. 1 lit. b. GDPR; Art. 6 para. 1 lit. f. GDPR if the data processing e.g. is required for us in the context of legal proceedings (in Germany, § 26 BDSG applies additionally).
The application process requires applicants to provide us with the applicant data. The necessary applicant data are, as far as we offer an online form marked, otherwise result from the job descriptions and basically include the information on the person, postal and contact addresses and the application documents, such as cover letter, CV and the certificates. In addition, applicants can voluntarily provide us with additional information.
Insofar as special categories of personal data within the meaning of Art. 9 (1) GDPR are voluntarily communicated within the framework of the application procedure, their processing is additionally carried out in accordance with Art. 9 (2) lit. b GDPR (e.g., health information such as disability or ethnic origin). Insofar as special categories of personal data within the meaning of Art. 9 (1) GDPR are requested from applicants in the context of the application procedure, their processing is additionally carried out in accordance with Art. 9 para. 2 lit. a GDPR (for example health data, if necessary for the profession).
If provided, applicants can submit their applications to us via an online form on our website. The data will be encrypted and transmitted to us according to the state of the art.
Furthermore, applicants can send us their applications via e-mail. However, please note that e-mails are generally not sent in encrypted form and that applicants themselves must provide encryption. We can therefore take no responsibility for the transmission of the application between the sender and the reception on our server and therefore recommend rather to use an online form or the postal delivery. Instead of applying via the online form and e-mail, applicants still have the opportunity to send us the application by post.
The data provided by the applicants may be further processed by us in the event of a successful application for employment purposes. Otherwise, if the application for a job offer is not successful, the applicants’ data will be deleted. Applicants’ data will also be deleted if an application is withdrawn, which the applicants are entitled to at any time.
The deletion is subject to a legitimate cancellation of the candidate, after the expiration of a period of six months, so that we can answer any follow-up questions to the application and meet our obligations under the Equal Treatment Act. Invoices for any reimbursement of travel expenses are archived in accordance with the tax regulations.
When contacting us (for example, by contact form, e-mail, telephone or via social media) the information of the user to process the contact request and its processing in accordance with. Art. 6 para. 1 lit. b. (in the context of contractual / pre-contractual relationships), Art. 6 para. 1 lit. f. (other requests) GDPR processed. User information can be stored in a Customer Relationship Management System (“CRM System”) or similar request organization.
We delete the requests, if they are no longer required. We check the necessity every two years; Furthermore, the legal archiving obligations apply.
CRM System Zoho
We use Zoho’s CRM system, Zoho Corporation, 4141 Hacienda Drive pleasanton, California 94588, to handle requests from users faster and more efficiently (legitimate interest in accordance with Art. 6) Para. 1 lit. f. GDPR). Zoho is certified under the Privacy Shield Agreement, providing an additional guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt0000000TOJbAAO&status=Active).
If users disagree with Zoho’s data collection and data storage in the external system, we offer alternative contact options for submitting service requests by email, phone, fax or post.