Pri­va­cy State­ment

Com­pa­ny Xel­len­to Per­son­al­ber­atung

1. Per­son­al data
2. Secu­ri­ty infor­ma­tion
3. Your rights, rights of objec­tion
4. Inquiries about data pro­tec­tion

 

Infor­ma­tion on data pro­tec­tion for can­di­dates

Xel­len­to com­pa­nies

I. Per­son­al data

II. Scope of data pro­cess­ing and pur­pos­es of use

1.  Inter­nal data pro­cess­ing
2. Joint con­trollers
3. List­ing your appli­ca­tion in our can­di­date data­base, era­sure of your data
4. Pass­ing on your can­di­date data to third par­ties as part of your appli­ca­tion
5. Right to object

III. First con­tact through Xel­len­to, pro­fes­sion­al social net­works

 

IV. Your rights dur­ing the appli­ca­tion process

Infor­ma­tion on data pro­tec­tion for all can­di­dates of Xel­len­to Per­son­al­ber­atung

The most impor­tant thing first: We are pleased to be able to intro­duce you to our clients and thank you for your trust!

In order to be able to intro­duce you to our clients and to make your appli­ca­tion as suc­cess­ful as pos­si­ble, we require a range of infor­ma­tion and data on you. You would like to know what hap­pens to your data? We ful­ly under­stand this! in order to avoid any ambi­gu­i­ty from the out­set, this doc­u­ment shows which per­son­al data we process from you as a can­di­date when bring­ing you in con­tact with our clients. At the same time, this infor­ma­tion ful­fils our oblig­a­tions under the EU Gen­er­al Data Pro­tec­tion Reg­u­la­tion.

But first of all, we would like to intro­duce our­selves:

Xel­len­to Per­son­al­ber­atung legal­ly con­sists of two com­pa­nies, name­ly

Xel­len­to Per­son­al­ber­atung GbR

Bavari­afilm­platz 7, 82031 Grün­wald
Phone: +49 (89) 620 30 88 — 0
Fax: +49 (89) 620 30 88 — 66
E‑mail: kontakt@xellento.com

and

Xel­len­to GmbH

Geschäfts­führer: Matthias Kestler
Bavari­afilm­platz 7, 82031 Grün­wald
Local Court of Munich, HRB 198780
Phone: +49 (89) 620 30 88 — 0
Fax: +49 (89) 620 30 88 — 66

These com­pa­nies are joint con­trollers with­in the mean­ing of Art. 4 (7) and Art. 26 GDPR. They oper­ate the per­son­nel con­sul­tan­cy on a divi­sion of labour basis by col­lect­ing and pro­cess­ing your data for the com­mon pur­pose of bring­ing com­pa­nies and (poten­tial) can­di­dates into con­tact with each oth­er with the aim of estab­lish­ing employ­ment rela­tion­ships and sup­port­ing them on their joint path to an employ­ment con­tract. When­ev­er “we”, “us” or “Xel­len­to” is men­tioned in this doc­u­ment, the two com­pa­nies are meant as joint con­trollers, unless one spe­cif­ic com­pa­ny is express­ly referred to. Details, includ­ing the allo­ca­tion of respon­si­bil­i­ties between the two com­pa­nies, can be found in Sec­tion II.2 below.

If you have any ques­tions regard­ing our pro­cess­ing of your per­son­al data or about data pro­tec­tion in gen­er­al, please con­tact the joint data pro­tec­tion offi­cer of the two com­pa­nies. You can reach him at one of the two address­es giv­en above or by e‑mail to
Xel­len­to GmbH /data pro­tec­tion offi­cer
Bavari­afilm­platz 7
82031 Grün­wald
Ger­many
www.xellento.com

I. Per­son­al data

Per­son­al data means any infor­ma­tion relat­ing to an iden­ti­fied or iden­ti­fi­able nat­ur­al per­son. This includes, for exam­ple, your name, your pho­to­graph, your (busi­ness and pri­vate) con­tact details and address, your CV or the infor­ma­tion con­tained there­in, your per­son­al inter­ests and hob­bies and oth­er per­son­al details, as well as infor­ma­tion about any ill­ness­es and tax assess­ment details (tax class, child allowances and reli­gious affil­i­a­tion). On the one hand, we do not obtain all of the exem­plary data in every appli­ca­tion; on the oth­er hand, the exem­plary list is not exhaus­tive. In any case, we treat and process all infor­ma­tion request­ed from you and all oth­er infor­ma­tion pro­vid­ed by you (e.g. in the appli­ca­tion process, in tele­phone inter­views, in per­son­al inter­views or on the occa­sion of a trade fair con­tact) as appli­ca­tion data.

For a com­pre­hen­sive eval­u­a­tion of your appli­ca­tion, we always need your CV as well as reports/letters of ref­er­ence and com­pa­ra­ble cer­tifi­cates. Oth­er­wise, we can­not con­sid­er your appli­ca­tion. Addi­tion­al infor­ma­tion, in par­tic­u­lar a pho­to, is vol­un­tary.

II. Scope of data pro­cess­ing and pur­pos­es of use

You are sub­mit­ting your appli­ca­tion to us for the pur­pose of a place­ment into a job with one of our clients. Either you apply for a spe­cif­ic posi­tion man­aged by us for a client, or you apply for inclu­sion in our can­di­date data­base. In this sec­tion we would like to inform you how your data will be stored and processed dur­ing the appli­ca­tion process or dur­ing the list­ing of your appli­ca­tion in our data­base.

1. Inter­nal data pro­cess­ing

We process your appli­ca­tion data for the pur­pose of check­ing your appli­ca­tion and your suit­abil­i­ty for the posi­tion for which you are apply­ing. If you are not apply­ing for a spe­cif­ic posi­tion, but for inclu­sion in our can­di­date data­base, we will process your appli­ca­tion data for the pur­pose of check­ing your appli­ca­tion and suit­abil­i­ty for cur­rent and future posi­tions. This also applies if, after an ini­tial appli­ca­tion for a spe­cif­ic posi­tion, you have agreed that we will check whether you are (also) suit­ed for a posi­tion oth­er than the one ini­tial­ly referred to.

In addi­tion to your appli­ca­tion, we will research pub­licly avail­able sources, in par­tic­u­lar the Inter­net, about you. The basis is the search for your name by means of rel­e­vant search engines such as Google or Bing, above all also draw­ing on job-relat­ed social net­works. This includes pro­fes­sion­al as well as per­son­al infor­ma­tion. Infor­ma­tion that we deem help­ful or use­ful will be stored with your can­di­date data. This applies to infor­ma­tion that may be poten­tial­ly advan­ta­geous as well as poten­tial­ly dis­ad­van­ta­geous with regard to the open posi­tions and in any case to neu­tral data. To keep in touch with you and to remind you of us from time to time, we use part of your mas­ter data such as your name, your e‑mail address and your date of birth. Only if we know you are we able to find a match­ing job oppor­tu­ni­ty which promis­es to be a suc­cess for all par­ties involved!

We process can­di­date data accord­ing to the fol­low­ing cat­e­gories:

• gen­er­al per­son­al data (name, address­es and oth­er con­tact data, appli­ca­tion pho­to (also where this pro­vides an indi­ca­tion as to eth­nic ori­gin, reli­gion or health, e.g. colour of skin, head­dress, glass­es), date of birth, nation­al­i­ty, fam­i­ly-relat­ed data)
• job-relat­ed data (job con­tact details, cur­rent posi­tion, respon­si­bil­i­ties, cur­rent employ­er, cur­rent remu­ner­a­tion, notice peri­od, non-com­pete claus­es)
• expe­ri­ence-relat­ed data (pre­vi­ous posi­tions and employ­ers, school and edu­ca­tion, expe­ri­ence, knowledge/skills)
• future-relat­ed data (wish­es and ideas, assess­ments, con­ceiv­able areas of employ­ment, place­ment ideas)

This data pro­cess­ing is based on Art. 6 (1) sen­tence 1 point (b) GDPR, after your con­sent on the basis of Art. 6(1) sen­tence 1 point (a) GDPR and, as the case may be, in the case of spe­cial data also Art. 9(2) point (a) GDPR.

To eval­u­ate your appli­ca­tion and for research pur­pos­es, in some cas­es, we use spe­cialised and care­ful­ly select­ed ser­vice providers who are oblig­ed to us under con­trac­tu­al agree­ments for order pro­cess­ing with­in the mean­ing of Art. 28 GDPR (DPAs).

Should you not yet have come of age we require the con­sent of your legal guardian in addi­tion to your appli­ca­tion. A longer-term inclu­sion in our can­di­date data­base is only pos­si­ble with the con­sent of your legal guardians.

2. Joint con­trollers

As already point­ed out at the begin­ning, Xel­len­to Per­son­al­ber­atung GbR and Xel­len­to GmbH are “joint con­trollers” with­in the mean­ing of Art. 4(7) and Art. 26 GDPR. In effect, this means that the two com­pa­nies must be regard­ed as a sin­gle enti­ty in terms of data pro­tec­tion law – and not as two dif­fer­ent bod­ies. Both com­pa­nies are joint­ly respon­si­ble for the per­mis­si­bil­i­ty of their joint data pro­cess­ing. Although the two com­pa­nies have con­trac­tu­al­ly reg­u­lat­ed their respon­si­bil­i­ties and their lia­bil­i­ty with­in their inter­nal rela­tion­ship, you as the data sub­ject in rela­tion to the pro­cess­ing of your data are enti­tled to assert your rights (see in par­tic­u­lar Sec­tion I.5. and Sec­tion IV. below) against each of the con­trollers (Art. 26(3) GDPR).

Regard­less of the joint respon­si­bil­i­ty, your con­tact will pri­mar­i­ly be Xel­len­to Per­son­al­ber­atung GbR. In civ­il law terms, the lat­ter is your con­trac­tu­al part­ner. It main­ly works for you through its part­ners. In addi­tion to nat­ur­al per­sons, these part­ners also include Xel­len­to GmbH. In the GmbH we bun­dle all addi­tion­al ser­vices such as research, account man­age­ment, IT, book­keep­ing and account­ing. Per­son­al­ly liable con­sul­tants use their good name for you and us, on the one hand, and a ver­sa­tile, mul­ti-pro­fes­sion­al research and office team with a net­work that can be expand­ed at any time, on the oth­er hand: Due to this coop­er­a­tion we are able to offer you and our clients the best pos­si­ble ser­vice. The two com­pa­nies joint­ly deter­mine the pur­pos­es and the means of pro­cess­ing your data. To this end, they have con­clud­ed a writ­ten agree­ment in which it is deter­mined in a trans­par­ent man­ner which of them ful­fils which data pro­tec­tion law oblig­a­tions.

As your con­trac­tu­al part­ner under civ­il law, Xel­len­to Per­son­al­ber­atung GbR is – with­out prej­u­dice to your right to approach Xel­len­to GmbH — also your main point of con­tact for data pro­tec­tion mat­ters. In accor­dance with the con­trac­tu­al agree­ments with Xel­len­to GmbH, it also ful­fils towards you, in par­tic­u­lar, the controller’s infor­ma­tion duties with regard to the col­lec­tion of per­son­al data pur­suant to Artt. 13 and 14 GDPR and all oth­er rights of data sub­jects to which you are enti­tled pur­suant to Artt. 15 et seqq. GDPR.

3. List­ing your appli­ca­tion in our can­di­date data­base, era­sure of your data

If you apply to be includ­ed in our can­di­date data­base with­out restric­tion to a spe­cif­ic posi­tion, your can­di­date data is avail­able to us for the dura­tion of your list­ing for match­ing against all cur­rent and future job vacan­cies. In this way we can sup­port you in the best pos­si­ble way in your search for a new chal­lenge. We will there­fore pro­pose list­ing in our can­di­date data­base even if you have ini­tial­ly applied for a spe­cif­ic job offer. In any case, we will ask you to clar­i­fy whether we may include your can­di­date data in our can­di­date data­base. You can find the cor­re­spond­ing dec­la­ra­tion of con­sent here: “Xel­len­to Con­sent to pro­cess­ing my per­son­al data”; how­ev­er, we will of course also be hap­py to send you the pre­pared dec­la­ra­tion upon request.

If your appli­ca­tion is list­ed in our can­di­date data­base we will store your appli­ca­tion data on the basis of your con­sent (Art. 6(1) sen­tence 1 point (a) GDPR and, as the case may be, in the case of spe­cial data also Art. 9(2) point (a) GDPR) ) as for a max­i­mum peri­od of ten years. Unless you request fur­ther stor­age, we will erase your data after this peri­od. In that case, we will only retain the cir­cum­stance of your appli­ca­tion as such on our files. In this respect, the legal basis is Art. 6(1) sen­tence 1 point(a) or point(b) GDPR. Of course, you can pro­vide us with updat­ed data at any time, for exam­ple, if your con­tact details have changed or you have accept­ed a new posi­tion.

If you do not wish your appli­ca­tion to be includ­ed in our can­di­date data­base, we will erase your can­di­date data no lat­er than six months after com­ple­tion of the spe­cif­ic appli­ca­tion pro­ce­dure for which you are in con­tact with us. The appli­ca­tion process is usu­al­ly com­plet­ed when the posi­tion is filled or when our com­mis­sion ends. In that case, we will not con­duct any com­par­i­son with any posi­tion oth­er than the one referred to.

4. Pass­ing on your can­di­date data to third par­ties as part of your appli­ca­tion

We process your data for the pur­pose of intro­duc­ing you to our clients and there­by, pos­si­bly, accom­pa­ny­ing you with our client into an employ­ment rela­tion­ship. There­fore, it is nec­es­sary that we pass your data on to our clients as your poten­tial new employ­ers.

This pass­ing on of your data will not hap­pen with­out your con­sent in each indi­vid­ual case. On behalf of our clients, we ini­tial­ly check whether can­di­dates are poten­tial­ly suit­able for the posi­tion in ques­tion. If we iden­ti­fy you as a poten­tial can­di­date, we will approach you and sug­gest an intro­duc­tion to our client. You are free to accept or decline. You can also decide which data we may dis­close for the pur­pose of such an intro­duc­tion; as a rule, this will at least include your cur­rent CV. Only then will we dis­close your data to our client, who then decides whether or not he (via us) seeks fur­ther con­tact, requires fur­ther infor­ma­tion or a per­son­al meet­ing. Even at such an advanced stage of con­tact we, at all times, will only dis­close your data sub­ject to your pri­or agree­ment.

The basis for com­par­ing your appli­ca­tion with the require­ments for the posi­tion to be filled is Art. 6(1) sen­tence 1 point (b) GDPR. Since your data will only be passed on to our clients with your con­sent, the legal basis in this respect is Art. 6(1) sen­tence 1 point (a) GDPR and, as the case may be, in the case of spe­cial data also Art. 9(2) point (a) GDPR.

You can also object to the pass­ing on of fur­ther data at any time dur­ing the ongo­ing pro­ce­dure (your rights are described in detail below). We will then not release any fur­ther data on you. Please note, how­ev­er, that this can have a neg­a­tive impact on the suc­cess of your appli­ca­tion or place­ment. We have no influ­ence on the han­dling of your data by our clients. If you wish to exer­cise your rights in this regard, in par­tic­u­lar to request the rec­ti­fi­ca­tion or era­sure of your data stored there or infor­ma­tion about such data, we can noti­fy the client of your wish, but we rec­om­mend that you con­tact the respec­tive client. Upon request, we will, of course, inform you which of your data we have dis­closed to whom.

We explic­it­ly con­firm that as a mat­ter of course we sole­ly pass on your data in accor­dance with the intend­ed pur­pose, name­ly place­ment into employ­ment. In par­tic­u­lar, we do not sell your data and do not pass it on to third par­ties for adver­tis­ing pur­pos­es. From us and at any time you can find out to whom we have dis­closed your data.

5. Right to object

You can object to the fur­ther stor­age of your can­di­date data with us and/or their pass­ing on to third par­ties at any time and/or revoke any con­sent you have giv­en before the expiry of the ten-year peri­od. In this case, we will no longer pass on your data and erase your data, if no reten­tion oblig­a­tions apply.

You can declare your objec­tion, for exam­ple, by send­ing an infor­mal e‑mail to datenschutz@xellento.com. You can also con­tact us by oth­er means, the eas­i­est way being via our data pro­tec­tion offi­cer at the con­tact details giv­en above.

In the event of your objection/revocation, we would like to draw your atten­tion to the fol­low­ing:

• On the one hand, your objection/revocation is only effec­tive for the future, i.e. it does not affect the legal­i­ty of the data stor­age and pro­cess­ing or data trans­fer that has tak­en place up to that point. To the extent that data have already been trans­ferred to third par­ties this will remain unchanged. If required, you can also request the era­sure of your data there. Upon request, we will of course inform you to whom we have passed on your data.
• On the oth­er hand, due to the lack of rel­e­vant data, we will not be able to pro­vide you with any fur­ther sup­port after your revocation/objection to fur­ther data pro­cess­ing, nei­ther in an appli­ca­tion process already under­way or in fill­ing any vacan­cies that may be suit­able for you in the future.

III. First con­tact through Xel­len­to, pro­fes­sion­al social net­works

You did not apply to Xel­len­to at all? We con­tact­ed you?

This also hap­pens fre­quent­ly. Of course, this does not change our han­dling of your data. The only dif­fer­ence to your unso­licit­ed appli­ca­tion is that we already had knowl­edge of some of your per­son­al data before con­tact was made. In that case we became aware of you through the rel­e­vant job-relat­ed social net­works. You know best which of the data you dis­closed we have been able to see in this respect. By using the pro­file set­tings in the job-relat­ed social net­works, you your­self decide on the dis­clo­sure of your data stored there.

You will know via which plat­form we became aware of you from means of first con­tact cho­sen by us. We use the inter­nal mes­sag­ing sys­tems of pro­fes­sion­al social net­works. Apart from this con­tact, we do not store any oth­er data about you for the time being. If we do not hear from you after our ini­tial con­tact or if you decline, we will imme­di­ate­ly erase any data already stored on you. Only the exchange of mes­sages via the job-relat­ed social net­works, which is also vis­i­ble to you, will be main­tained. Should a con­tact devel­op between us, the prin­ci­ples stat­ed in this infor­ma­tion let­ter for can­di­dates will apply to our han­dling of your data.

Inci­den­tal­ly, we do not use social net­works with a pri­mar­i­ly pri­vate nature in our retained search for suit­able top exec­u­tives!

IV. Your rights dur­ing the appli­ca­tion process

With the above we hope to have informed you in an under­stand­able and also oth­er­wise sat­is­fac­to­ry man­ner about the pro­tec­tion of your can­di­date data. In addi­tion, you as the data sub­ject have the fol­low­ing rights:

• Right to obtain infor­ma­tion (Art. 15 GDPR),
• Right to rec­ti­fi­ca­tion of inac­cu­rate data (Art. 16 GDPR),
• Right to era­sure (Art. 17 GDPR),
• Right to restric­tion of pro­cess­ing of per­son­al data (Art. 18 GDPR),
• Right to data porta­bil­i­ty (Art. 20 GDPR),
• Right to lodge a com­plaint with a data pro­tec­tion super­vi­so­ry author­i­ty (Art. 77 GDPR).

We have already informed you above (II.5.) about your right of objec­tion regard­ing your can­di­date data. In addi­tion, each data sub­ject has a gen­er­al right of objec­tion (cf. Art. 21(1) GDPR). In this case, grounds have to be stat­ed for the objec­tion to data pro­cess­ing. If data pro­cess­ing is based on con­sent, your con­sent may be revoked at any time with effect for the future.

The eas­i­est way to exer­cise your rights is to con­tact our data pro­tec­tion offi­cer using the con­tact details giv­en above. Regard­less of this, you have the right to con­tact the data pro­tec­tion super­vi­so­ry author­i­ty respon­si­ble for you.

---

Last updat­ed: 22/01/2023
Please note that we may change our pri­va­cy state­ment from time to time. You will always find the lat­est infor­ma­tion on this page.