Privacy information for applicants

Thank you for your interest in our company and for applying or having applied for a position in our group of companies. The following information is intended to give you an overview of the processing of your personal data in connection with your application to our group of companies and your rights under data protection law.

1. Who is responsible for data processing and whom can I contact?

We, the companies listed below, have decided to carry out the application process within the group of companies as so-called joint controllers in accordance with Art. 26 GDPR. In this sense, the joint controllers are:

PROLOGA GmbH
Walter-Hülse-Straße 5
06120 Halle (Saale)
+49 345 55 54-0
info@prologa.de

PROLOGA Services GmbH
Walter-Hülse-Straße 5
06120 Halle (Saale)
+49 345 55 54-0
info@prologa-services.com

PROLOGA Energy GmbH
Wallstraße 11
26122 Oldenburg
+49 441 779 359-0
info@prologa-energy.com

The Data Protection Officer for all three companies can be contacted at:Dr. Andreas Melzer
kelobit IT-Experts GmbH
Tel: 0345 132553-80
E-Mail: dsb@kelobit.de

2. What is shared responsibility?

The companies in our group have decided to run the recruitment process together as equal partners in order to fill vacancies across the group as efficiently and effectively as possible. This means that you do not have to apply to each company individually, but we will always forward your application to the most suitable company within the Group. The cooperation therefore also covers the processing of personal data arising from the application process, in particular the examination of your application documents, the coordination of appointments and invitations to interviews, interview notes and finally the decision on employment in one of our companies.

For this reason, all our group companies mentioned under point 1 are equally responsible for compliance with data protection regulations, in particular for the lawfulness of the processing, in accordance with Art. 26 GDPR. All of the companies mentioned above jointly protect your data in accordance with the legal requirements and are available to answer any questions you may have.

In order to carry out the application process, we have divided some tasks between the companies. Therefore, PROLOGA GmbH will primarily appear to you, e.g. as the operator of our website and application portal and in joint communications. Our other group companies are primarily responsible for the publication of vacancies in the respective companies or at their locations and for the review of eligible applications after a pre-selection by PROLOGA GmbH.

We therefore ask you to contact PROLOGA GmbH in the first instance with any questions or concerns regarding data protection in order to avoid unnecessary effort in processing your request. More detailed information on how to contact us is provided below.

3. What sources and data do we use?

We process the data that you have sent us in connection with your application in order to check your suitability for the position (or any other open positions in our companies) and to carry out the application process. This personal data includes in particular:

• Personal details (e.g. name and address and contact details)
• Information on qualifications (e.g. training, professional experience, language skills and further training)

4. What do we process your data for (purpose of processing) and on what legal basis?

The legal basis for the processing of your personal data in this application procedure is primarily Art. 6 para. 1 b of the GDPR and secondly Section 26 of the BDSG. According to this, the processing of data required in connection with the decision on the establishment of an employment relationship is permitted. If an employment relationship is established between you and us, we may process the personal data already received from you for the purposes of the employment relationship in accordance with Art. 6 para. 1 b GDPR and § 26 para. 1 BDSG, if this is necessary for the performance or termination of the employment relationship or for the exercise or fulfilment of the rights and obligations of employee representation arising from a law or a collective agreement, works agreement or service agreement (collective agreement).

It may be that we are unable to consider you for a position immediately, but would like to keep your application on file so that we can contact you quickly if necessary. If this is the case, we will ask for your consent in accordance with Section 26 (2) of the German Data Protection Act (BDSG) to include your application in our pool of applications for a certain period of time. If you give us your consent, you can revoke it at any time. Should your data be required for legal prosecution after completion of the application process, it may be used in accordance with the requirements of Art. 6 GDPR, in particular to protect legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR. Our interest then lies in the assertion or defence of claims, for example in the context of the burden of proof in proceedings under the General Equal Treatment Act (AGG).

5. Who receives my data?

Your application will be reviewed by the Human Resources department upon receipt of your application. Suitable applications will then be forwarded internally to the managers responsible for the relevant vacancy. The next steps will then be agreed. Within the Group, your details will only be accessed by those who need to know in order to complete our recruitment process. As part of the application process, your application will be forwarded to the company within our group that needs to fill the vacancy or to whose department you have submitted your application. We use a number of service providers to support the application process, for example to help us communicate with you or to operate our application portal. We have carefully selected and contractually bound these service providers to ensure the protection of your personal data.

6. Is data transferred to a third country or an international organisation?

As a general rule, data will not be transferred to organisations in countries outside the European Economic Area (so-called third countries). However, data may be transferred to third countries on a case-by-case basis if:

• It is required by law,
• you have given your consent, or
• it is justified by a legitimate interest under data protection law and does not conflict with any overriding legitimate interest of the data subject.

We do not transfer personal data to third countries or international organisations. However, we use service providers for certain tasks, most of which also use service providers that may have their headquarters, parent company or data centres in a third country. A transfer is allowed if the European Commission has decided that a third country provides an adequate level of protection (Article 45 GDPR). If the Commission has not made such a decision, we or our service providers may only transfer personal data to a third country if adequate safeguards are in place (e.g. standard data protection clauses adopted by the EU Commission or the supervisory authority in a specific procedure) and enforceable rights and effective remedies are available. We have entered into appropriate contracts with our service providers and have also contractually agreed that data protection safeguards must always be in place with their contractual partners in accordance with the European data protection level.

7. How long will my information be kept?

We will keep your personal data for as long as is necessary to make a decision on your application. If your application is successful, your personal data will be transferred to our human resources information system. If we are unable to immediately consider you for a position and you consent to your personal data continuing to be stored, we will transfer your data to our candidate pool. Your data will be deleted after the agreed period (usually 12 months) or if you withdraw your consent. If we do not enter into an employment relationship with you, we may continue to retain the data if this is necessary to defend against any legal claims. This will usually be for six months after notice of termination is given or until a final decision is reached in a pending legal dispute.

8. What data protection rights do I have?

Every data subject has the right of access under Article 15 GDPR, the right of rectification under Article 16 GDPR, the right of erasure under Article 17 GDPR, the right to restrict processing under Article 18 GDPR, the right to object under Article 21 GDPR and the right to data portability under Article 20 GDPR. The restrictions under Sections 34 and 35 BDSG apply to the right of access and the right of erasure. In addition, there is a right of appeal to a competent data protection supervisory authority (Article 77 GDPR). You may revoke your consent to the processing of personal data at any time. This also applies to the revocation of consent declarations given to us before the GDPR came into force, i.e. before 25 May 2018. Please note that revocation will only be effective for the future. Processing that took place before the revocation will not be affected. In principle, you can exercise your rights by contacting any of the entities listed in point 1. However, we ask you to contact PROLOGA GmbH in the first instance if you have any questions or concerns about data protection, as we have appointed this company to handle the rights of data subjects. By contacting PROLOGA GmbH directly, you will avoid unnecessary effort in dealing with your enquiry.

9. Is there an obligation to provide data?

There is no legal or contractual obligation to provide your personal data, nor are you under any obligation to do so. However, it is necessary for us to be able to enter into a contract of employment with you. Without this information, we will not be able to enter into or perform an employment relationship with you.

10. To what extent do you use automated decision making?

We do not use automated decision-making procedures in accordance with Article 22 of the GDPR for the establishment, performance and termination of the employment relationship. If we do use these procedures in individual cases, we will inform you separately about this and about your rights in this regard, to the extent required by law.

11. Does profiling take place?

We do not process your data with the aim of automatically evaluating certain personal aspects.

12. Information about your right to object under Article 21 of the GDPR

12.1 Right to object on a case-by-case basis

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is based on Article 6(1)(f) GDPR (data processing on the basis of a balancing of interests). This also applies to profiling on the basis of this provision within the meaning of Art. 4 No. 4 GDPR. If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the establishment, exercise or defence of legal claims.

12.2 Recipients of an objection

The objection can be made informally with the subject line “Objection”, stating your name, address and date of birth, and should be addressed to the contact details mentioned in point 1 or to the channel used for the application.

13. Amendments to this Privacy Notice

We will revise this privacy policy in the event of changes to our data processing practices or as otherwise required. The current version will always be available on this website.

Status: 16/09/2024