Hyperganic Group GmbH and the affiliate to which you are applying for a position are responsible for the application process under data protection law. All the Hyperganic companies are collectively referred to below as “HYPERGANIC”.
Hyperganic Group GmbH has its registered office at Georgenstr. 38, 80799 Munich Germany, and is registered with the commercial register of the local court (Amtsgericht) of Munich under HRB 262280.
Legal representative of Hyperganic Group GmbH is Lin Kayser as managing director.
Our data protection officer can be reached under firstname.lastname@example.org.
Personal data means any information concerning the personal or material circumstances of an identified or identifiable individual. This includes information such as, for example, your name, address, telephone number and date of birth, but also data relating to your specific career etc. by reference to which a specific individual can be identified with reasonable effort. However, information which cannot be (in)directly associated with your real-life identity is not personal data.
Within the application process, we collect and store the following categories of personal data about you:
Your personal data may be used for the following purposes:
Personal data within the application process will be used for the assessment of your application and, if an employment relationship is established, also for the execution of the employment relationship. For specific positions this may include your participation in an online personality test. Providing your personal data as part of the application process is voluntary. However, the provision of personal data is necessary for the processing of your application or the conclusion of an employment contract with us. The legal basis for the personality test is your consent pursuant to Art. 6 Para. 1 (a) GDPR. Participation in the personality test is voluntary.
When we obtain information from your public profile on professional social networks, such as LinkedIn, we base this processing on our legitimate interest to build a decision base in order to establish an employment relationship with you. The legal basis is Article 6 Para. 1 (f) GDPR.
When we invite you to participate in a survey on your satisfaction with the application process at HYPERGANIC the relevant legal basis is your consent pursuant to Article 6 Para. 1 (a) GDPR. The same legal basis applies when you consent to the inclusion of your data in the applicant pool.
Furthermore, we may process personal data about you where this is necessary to defend ourselves against legal claims arising from the application process that are brought against us. The legal basis for this is Article 6 Para. 1 (c) and (f)GDPR; the legitimate interest is, for example, a burden of proof in proceedings under the German General Equal Treatment Act (AGG).
HYPERGANIC will only disclose your application data to those employees who are directly involved in the application process, including the decision on filling the position.
Data transmitted as part of your application will be transferred using TLS encryption and stored in a database. This database is operated by Personio GmbH, which offers a human resource and applicant management software solution (https://www.personio.com/legal-notice/). In this context, Personio GmbH is our processor under Article 28 GDPR. In this case, the processing is based on a data processing agreement (DPA) between HYPERGANIC as the controller and Personio GmbH.
Furthermore, personal data may be processed on our behalf on the basis of contracts pursuant to Article 28 GDPR, especially by providers of systems for applicant management (such as SmartRecruiters Inc., please refer to https://www.smartrecruiters.com/legal/general-privacy-policy/), and selection procedures (such as GreatWithTalent Ltd., please refer to https://www.greatwithtalent.com/LEGAL/PrivacyNotice/). We do not share data with third parties that have no reference to our application management and application procedures or other use cases we describe in section 4 “Use of personal data”.
Such transfers may involve the transfer of personal data to recipients outside the European Union / European Economic Area. Standard contractual clauses have been concluded with these external service providers, unless they are based in countries with an adequacy decision pursuant to Art. 45 GDPR.
In the event of a legal obligation, we reserve the right to disclose information about you if we are required to surrender it to competent authorities or law enforcement bodies. The legal basis is Article 6 Para. 1 (c) GDPR.
7.1 RIGHT OF ACCESS
You can request information about your personal data (commonly known as data subject access request). You can exercise this right by contacting us under the contact details mentioned in section 2.
7.2 RIGHT TO RECTIFICATION AND ERASURE
If you wish to update the personal data provided to us, you can send us an email to email@example.com or, if you applied via an online application tool, you modify the data yourself in the relevant application within your candidate profile. Under certain conditions, you can ask us to erase your personal data.
7.3 RIGHT TO RESTRICTION OF PROCESSING
Under certain conditions you have the right to restrict the processing of your personal data, e.g. when you want us to verify the accuracy of your personal data, by sending us an email to firstname.lastname@example.org.
7.4 RIGHT TO DATA PORTABILITY
Under certain conditions you have the right to receive the personal data concerning you which you provided to us in a structured, commonly used and machine-readable format. A respective request should be addressed to email@example.com.
7.5 RIGHT TO OBJECT
If we process your data to protect legitimate interests, you may object to such processing for reasons arising from your particular situation. For more information see section 9 “Objection or Withdrawal of your consent to the Processing of Personal Data”.
Furthermore, you have the right to lodge a complaint with a supervisory authority concerning the processing of your personal data.
You may exercise your rights by e-mailing your request to firstname.lastname@example.org.
We retain your data for a period of six months after completion of the application process. This is necessary for the burden of proof in the event of a legal claim based on the German General Equal Treatment Act (AGG). We further retain your personal data in that period in case there is a relevant job offering for which you will be a fitting candidate. In addition, you can request the deletion of your candidate profile or the withdrawal of your application by contacting us at email@example.com.
If you consent to the inclusion of your data in the applicant pool, your personal data disclosed in the course of the application process shall be stored by HYPERGANIC beyond the end of the application procedure at issue in a separate database, so-called applicant pool. In this case all HYPERGANIC companies can use this data in order to contact you subsequently and to proceed with application procedure if you might be considered for another position on one of the companies. You can withdraw your consent and stop receiving information on current job offerings by sending us an email to firstname.lastname@example.org at any time.
In case your application is successful we may store your personal data within the subsequent employment in compliance with the applicable legal regulations.
If you have given your consent (Article 6 Para. 1 (a) GDPR) to the processing of your data (e.g. when we invite you to participate in a survey on your satisfaction with the application process at HYPERGANIC), you can withdraw your consent at any time by sending us an email to email@example.com. Such a withdrawal influences the permissibility of processing your personal data after you have given it to us.
If we base the processing of your personal data on the weighing of interests (Article 6 Para.1 (f) GDPR), you may object to the processing. This is the case if processing is not necessary in particular to fulfil a contract with you, which is described by us in section 4 “Use of personal data”. When exercising such objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the situation and either stop or adjust data processing or point out to you our compelling reasons worthy of protection, on the basis of which we will continue processing.