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

Die Xellento Personalberatung besteht rechtlich aus zwei Gesellschaften, nämlich aus der

Xellento Personalberatung GbR

Bavariafilmplatz 7, 82031 Grünwald
Phone: +49 (89) 620 30 88 – 0
Fax: +49 (89) 620 30 88 – 66
E-mail:

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
. 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.