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Privacy Information for Applicants

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Incase Handelsgesellschaft mbH
Status: 28 May 2024

Dear Applicants,

In accordance with Articles 13 and 14 of the General Data Protection Regulation (GDPR), we hereby inform you about the processing of the personal data you submit to us as part of the recruitment process, as well as any personal data we may collect, and about your rights in this regard. To ensure that you are fully informed about the processing of your personal data during the process, please take note of the information below.

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1. Name and Contact Details of the Controller

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The controller responsible for processing your personal data in the context of the employment relationship is:

Incase Handelsgesellschaft mbH
Nordsternstr. 25
45329 Essen
Germany

Phone: +49 201 21961118
Email: service@incase-gmbh.de
Website: https://www.incaseofbeauty.com/

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2. Contact Details of the Data Protection Officer

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The appointed data protection officer is:

DataCo GmbH
Sandstrasse 33
80335 Munich
Germany

Phone: +49 89 452459 900
Email: datenschutz@dataguard.de
Website: www.dataguard.de

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3. Processing of Your Personal Data

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a. Personal data processed by us

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As part of the application process and contract initiation, we process the following personal data relating to you:

  • Salutation

  • Address

  • Professional qualifications and further education

  • Last name

  • First name

  • Email address

  • Mobile phone number

  • Landline phone number

  • Fax number

  • CV / résumé

  • Certificates and references

  • Academic or professional titles

  • School education

  • Other data you share with us during the application process

  • Date of birth and, if applicable, place of birth

  • Nationality

  • Application photo (if voluntarily provided)

  • Earliest possible start date / availability

  • Salary expectations

  • Motivation letter / cover letter

  • References / letters of recommendation

  • LinkedIn/Xing profile or other public profiles (if provided by the applicant or publicly accessible)

  • Communication history during the application process (e.g. emails, telephone notes)

  • Results of aptitude tests or assessment centers

  • Interview notes (e.g. from specialist departments, HR, external recruiters)

  • Information on severe disability (if provided, e.g. in the context of the General Equal Treatment Act – AGG)

  • Consents to data processing (e.g. inclusion in a talent pool)

  • IP address and technical metadata (when using online application systems)

  • Applicant status (received, under review, invited, rejected, etc.)

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b. Purposes of data processing

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Your personal data are processed for the following purposes as part of the application process and contract initiation:

  • Conducting the application process and deciding on the establishment of an employment relationship

  • Communication (phone, email)

  • Carrying out pre-contractual measures

  • Inclusion of applicant data in an applicant pool

  • Assertion, exercise, or defense of legal claims arising from the application process

  • Conducting selection procedures such as aptitude tests, online assessments, or trial tasks

  • Documentation and traceability of decision-making processes (e.g. interview notes, evaluation matrices)

  • Review of labor-law requirements (e.g. work permits, legal employability)

  • Compliance with legal obligations (e.g. under the General Equal Treatment Act – AGG)

  • Organization of job interviews, including travel planning and reimbursement of expenses where applicable

  • Statistical evaluations to improve the recruitment process (e.g. recruiting performance)

  • Compliance with statutory retention periods following rejection (e.g. 6 months to defend against AGG claims)

  • Transfer to internal specialist departments for evaluation of the application

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c. Legal bases for data processing

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The legal bases for processing are:

Processing based on consent – Art. 6(1)(a) GDPR in conjunction with Art. 7 GDPR, Art. 88(1) GDPR in conjunction with Art. 26(2) BDSG
If you have given your consent to data processing, your data will be processed accordingly.

Decision on the establishment of an employment relationship – Art. 6(1)(b) GDPR, Art. 88(1) GDPR in conjunction with § 26(1) BDSG
We process your data to decide on the establishment of an employment relationship. In the event of employment, your data will be processed for the purposes of carrying out and terminating the employment relationship. Separate information will then be provided.

Processing for the assertion, exercise, or defense of legal claims or for court proceedings – Art. 6(1)(f) GDPR, Art. 9(2)(f) GDPR

Processing based on legitimate interests – Art. 6(1)(f) GDPR
Our legitimate interests include in particular:

  • Proper conduct and optimization of the application process

  • Assertion, exercise, or defense of legal claims

Processing of special categories of personal data based on consent – Art. 9(2)(a) GDPR

Processing of special categories of personal data made public – Art. 9(2)(e) GDPR

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4. Recipients or Categories of Recipients

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Your personal data may be disclosed to the following recipients where necessary and legally permitted:

  • Within the company, only to departments and individuals who require the data to fulfill contractual and legal obligations or legitimate interests

  • Human Resources department

  • External staff / freelancers

  • Processors (SOFTGARDEN applicant management system)

  • Third parties

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5. Transfer of Personal Data to Third Countries

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Your personal data will not be transferred to countries outside the European Union or the European Economic Area, nor is such a transfer planned.

 

6. Duration of Storage

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Your personal data will be deleted as soon as the purposes stated in Section 3 no longer apply, you object to the processing, or you revoke your consent. Data may be stored beyond this period where:

  • statutory or contractual retention obligations apply

  • storage is required for the assertion, exercise, or defense of legal claims

  • storage is required by European or national law

Retention periods include in particular:

  • After rejection: 6 months retention of application documents (§ 15(4) AGG, § 224 ZPO)

  • Applicant pool (with consent): up to 2 years from the date of consent

  • In case of employment: deletion after the purpose ceases to apply, at the latest after termination of employment, unless statutory retention periods apply

 

7. Rights of Data Subjects

 

You have the following rights under the GDPR:

  • Right of access (Art. 15 GDPR)

  • Right to rectification (Art. 16 GDPR)

  • Right to erasure or restriction of processing (Arts. 17, 18 GDPR)

  • Right to data portability (Art. 20 GDPR)

  • Right to object to processing based on Art. 6(1)(e) or (f) GDPR (Art. 21 GDPR)

  • Right to lodge a complaint with a supervisory authority (Art. 77 GDPR)

 

8. Right to Withdraw Consent

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You may withdraw your consent at any time with effect for the future. The lawfulness of processing carried out prior to withdrawal remains unaffected.

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9. Obligation to Provide Data

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As part of the employment relationship, you must provide personal data that are necessary for establishing, carrying out, and terminating the employment relationship. Without this data, we will generally not be able to conclude or perform an employment contract.

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10. Sources of the Data

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Your personal data originate from documents you submit yourself (e.g. CV) and from the following professional networks:

  • LinkedIn

  • Xing

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These data protection notices were created with the support of DataGuard.

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