Privacy notice for applicants

With this information pursuant to Articles 13, 14 and 21 of the General Data Protection Regulation (hereinafter "DSGVO"), we provide you with an overview of the processing of your personal data and of your rights under the DSGVO. This data protection declaration applies to TAG Immobilien AG as well as all companies affiliated with TAG Immobilien AG under company law, i.e. all companies belonging to the TAG Group that accept applications and employ personnel, i.e. TAG Handwerkerservice GmbH, TAG Immobilien Service GmbH, Multimedia Immobilien GmbH and Energie Wohnen Service GmbH (herein collectively "TAG", "TAG Group" or "we").

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

The body responsible for data processing is the TAG Group company named in the specific job advertisement to which you send your application. You will also find the contact details of this responsible body in the relevant job advertisement.

Please address your questions regarding data protection to:

TAG Immobilien AG
Datenschutzmanagement
Kreuzstr. 7c, 04103 Leipzig
datenschutz(at)tag-ag.com

TAG Immobilien AG has appointed as external data protection officer:

DOMUS Consult
Wirtschaftsberatungsgesellschaft mbH
Schornsteinfegergasse 13 · 14482 Potsdam
Tel.: 0331 / 74330-0
E-Mail: datenschutz(at)tag-ag.com

2. Am I a data subject within the meaning of this data protection notice?

This data protection information is directed at applicants whose personal data is collected by TAG in the context of application procedures. These applicants are data subjects of the processing within the meaning of the GDPR. This data protection information also applies if you are already employed by TAG and are applying as an internal applicant for another publicly advertised position at TAG.

If you contact us via our website, for example, to find out about vacancies, the data protection information for calling up the website, which is stored on the website itself and can be viewed and downloaded at (https://www.tag-ag.com/en/privacy-notice-for-customers), applies in addition to this data protection information. In accordance with the terminology of Section 26 of the Federal Data Protection Act (hereinafter "BDSG"), applicants whose personal data is collected are also referred to as "employees".

For reasons of better readability, the simultaneous use of masculine and feminine forms of language is dispensed with. All personal terms nevertheless apply to both genders.

3. What sources and data do we use?

We process personal data that we receive from you as part of an application process. In addition, with your consent, we may also process personal data transmitted or otherwise made available to us by other companies of the TAG Group.

In the context of filling vacancies, we sometimes also work with other third parties (e.g. personnel service providers, recruitment agencies or online job portals) who transmit or otherwise provide us with your personal data. For this transmission or provision of personal data to us, you have usually given these third parties your consent, or there is another legal basis (e.g. a legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO). In this respect, please check the data protection information provided to you by these third parties.

Relevant personal data are in particular personal details (name, address and other contact details, date and place of birth and nationality), legitimation data (e.g. ID card data) and authentication data (e.g. specimen signature). This includes other details that provide information about the individual applicant (CV, performance records and certificates) as well as other data comparable with the above categories.

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

We process personal data about you only insofar as this is necessary for the purpose of deciding whether to establish an employment relationship with us. The legal basis for this is regularly § 26 para. 1 sentence 1 BDSG. We process further data on the basis of our legitimate interests, Art. 6 Para. 1 lit. f DSGVO, existing legal obligations, Art. 6 Para. 1 lit. c, 9 Para. 2 lit. b DSGVO as well as your consent given to us, Art. 6 Para. 1 lit. a, 9 Para. 2 lit. a DSGVO.

If information is processed on the basis of your consent, it is provided voluntarily. However, we cannot, for example, grant you the benefits of a severely disabled status if you do not provide information about any existing severe disability.

Details are given below:

a) Your application documents

In order to decide on the chances of success of an application, the provision of personal data is desired and also necessary. We require the data mentioned under point 3 as well as information on further special qualifications in accordance with the specific job advertisement (e.g. language skills, driving licence).

You can provide us with further information voluntarily, but it is not a prerequisite for an application to be considered. You will not be disadvantaged if you do not provide this information. This voluntary information also includes application photos.

Your application documents will be digitally stored and processed by us. This applies regardless of how you send us your application documents, i.e. in particular also to applications sent to us by post.

The legal basis for the processing is Section 26, Paragraph 1, Sentence 1 of the German Federal Data Protection Act (BDSG), insofar as it concerns information that we request from you as part of the application process for the establishment of an employment relationship with us. If you voluntarily provide us with further information in your application documents, we process this on the basis of your consent, Art. 6 para. 1 lit. a DSGVO in conjunction with. § 26 para. 2 BDSG.

Please note that in particular CVs, covering letters or the other data you provide for the purpose of the interview may also regularly contain information about "special categories of personal data" as defined in Art. 9 para. 1 DSGVO (e.g. a photo that reveals ethnic origin, information about severely disabled status, etc.). If you send us information of this kind, you agree that we may store this information as part of your application documents, Art. 9 para. 2 lit. a DSGVO in conjunction with. § 26 para. 2 BDSG. Your personal data will only be processed beyond this storage if this is expressly stated in this data protection information.

Insofar as special legal obligations arise for us from health-related information, for example regarding a severely disabled status, we will process this data on the basis of Art. 9 Para. 2 lit. b DSGVO in conjunction with § 26 Para. 3 BDSG. § Section 26 (3) BDSG in order to comply with these legal obligations.

b) Inclusion in our applicant pool

If you do not apply for a specific job advertisement with us, or if we select another person for the specific job advertisement, but would nevertheless like to consider your application for future vacancies, we can include you in our applicant pool. However, this requires that you give us your express consent in accordance with Art. 6 Para. 1 lit. a, 9 Para. 2 lit. a DSGVO in conjunction with Art. 26 Para. 2 BDSG. § 26 para. 2 BDSG. In such a case, we will request this separately from you. In all other respects, the general data protection information also applies accordingly in these cases.

c) Personnel selection interviews

As part of our staff selection interviews, we invite those applicants who appear to be best suited for the vacant position on the basis of their application documents. In these interviews, we would like to get to know the applicants and their qualifications even better. The legal basis for the information provided in this way in addition to the application documents is § 26 para. 1 sentence 1 BDSG (German Federal Data Protection Act), insofar as the information is more specific details and explanations of your professional career.

Insofar as we also request information from you (for example, on soft skills, your expectations and ideas with regard to a possible job for us), we collect this information on the basis of our legitimate interest in being able to assess our future colleagues as well as possible before deciding on the establishment of an employment relationship and thus to be able to optimally fill an advertised position, Art. 6 Para. 1 lit. f DSGVO, Section 26 Para. 1 Sentence 1 BDSG.

In particular: Job interviews via Microsoft Teams

We would like to inform you below about the processing of personal data in connection with the use of "Microsoft Teams". We use the tool "Microsoft Teams" to conduct job interviews by means of video conferencing (hereinafter: "online meetings"). As a rule, we offer the possibility of such "online meetings" as an option in addition to a classic job interview at our location, and only in exceptional cases do we ask applicants to attend a job interview exclusively as an "online meeting".

"Microsoft Teams" is a service of Microsoft Corporation or, for users based in the EU, Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, Ireland.

If you call up the "Microsoft Teams" website, the "Microsoft Teams" provider is responsible for data processing. However, you only need to access the "Microsoft Teams" website in order to download the software for using "Microsoft Teams". If you do not want to or cannot use the "Microsoft Teams" app, you can also use "Microsoft Teams" via your browser. The service will then also be provided via the "Microsoft Teams" website.

When using "Microsoft Teams", various types of data are processed. The scope of the data also depends on the data you provide before or during participation in an "online meeting". The following personal data are subject to processing:

  1. User details: e.g. display name ("Display name"), e-mail address if applicable, profile picture (optional), preferred language.
  2. Meeting metadata: e.g. date, time, meeting ID, phone numbers, location
  3. Text, audio and video data: You may have the opportunity to use the chat function in an "online meeting". In this respect, the text entries you make are processed in order to display them in the "online meeting". In order to enable the display of video and the playback of audio, the data from the microphone of your terminal device and from any video camera of the terminal device are processed accordingly during the meeting. You can turn off or mute the camera or microphone yourself at any time via the "Microsoft Teams" apps or browser application.

As a rule, we will not record "online meetings". If, exceptionally, we want to record an "online meeting", we will inform you explicit and transparently in advance and ask for your consent. If it is necessary for the purposes of recording the results of an online meeting, we will record the chat content. However, this will not usually be the case. The legal basis for data processing when conducting "online meetings" in the context of job interviews is Section 26 (1) sentence 1 of the German Federal Data Protection Act (BDSG), insofar as the meetings are conducted in the context of contractual relationships, and furthermore our legitimate interest in application management that saves time and resources, also for our applicants (Art. 6 (1) lit. f DSGVO).

Personal data processed in connection with participation in "online meetings" will generally not be passed on to third parties unless required for technical reasons. The provider of "Microsoft Teams" necessarily receives knowledge of the above-mentioned data insofar as this is provided for in the context of our order processing agreement with Microsoft. Data processing outside the European Union (EU) does not take place as a matter of principle, as we have restricted our storage location to data centres in the European Union. However, we cannot exclude the routing of data via internet servers that are located outside the EU. This can be the case in particular if participants in "Online Meeting" are in a third country. However, the data is encrypted during transport via the internet and thus protected against unauthorised access by third parties.

d) Reimbursement of travel expenses

If you have travelled to a job interview and we reimburse your travel expenses, we process the additional information required for this on the basis of Section 26 (1) sentence 1 BDSG, namely your bank account details, details of travel expense reimbursement claims incurred including receipts (taxi, petrol receipt, train ticket or similar).

e) Communication with you and internal notes

Insofar as is necessary for the application procedure and the decision on filling the position, we also process data on the basis of § 26 Para. 1 Sentence 1 BDSG (German Federal Data Protection Act) in the context of correspondence with you in writing or in electronic form. Furthermore, we will make internal notes for the purpose of internal coordination and, if necessary, as proof of proper, in particular non-discriminatory decision-making, for example after reviewing your application documents or after a personnel selection interview.

f) Defence of legal claims arising from the application process

We may also process personal data about you if this is necessary to defend legal claims against us arising from the application process. The legal basis for this is Art. 6 para. 1 lit. f DSGVO; the legitimate interest is, for example, a duty to provide evidence in proceedings due to an alleged violation of the General Equal Treatment Act (AGG).

g) Further processing in the event of the establishment of an employment relationship

If an employment relationship is established between you and us, we may further process the personal data already received from you for the purposes of the employment relationship in accordance with section 26(1) sentence 1 of the 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 the employee representative body resulting from a law or a collective agreement, a works agreement or a service agreement (collective agreement).

5. Who gets my data?

Within TAG, those departments receive access to your data that need it to fulfil our contractual and legal obligations. Service providers and vicarious agents employed by us may also receive data for these purposes, e.g. personnel service providers and payroll accounting. Furthermore, we use the help of technical service providers for individual activities (e.g. IT support, hosting of our mail servers, etc.). If such third parties receive and process personal data, this is done within the framework of so-called commissioned processing, which is expressly provided for by law. In these cases, TAG remains responsible for the protection of your data.

Further data recipients may be those bodies for which you have given us your consent to transfer data or which you have named to us as recipients of your data.

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

We do not transfer your data to third countries outside the EU or the European Economic Area or to international organisations, unless otherwise stated herein.

7. How long will my data be stored?

We process and store your personal data only as long as it is necessary for the fulfilment of our contractual and legal obligations.

If the data is no longer required for the fulfilment of contractual and legal obligations, it is regularly deleted, unless its - temporary - further processing is necessary for the following purposes:

  • In case of rejection of applicants after 6 months after the decision to fill the advertised position,
  • We process data in our applicant pool for a period of 12 months on the basis of your consent given to us separately for this purpose. If we consider applications from our database in the context of specific job-filling procedures, the general information on the storage period applies accordingly.
  • Fulfilment of storage obligations under commercial and tax law, which may arise, for example, from the German Commercial Code (HGB) and the German Fiscal Code (AO). The specified periods for storage or documentation are generally two to 10 years.
  • Preservation of evidence within the framework of the statutory limitation provisions. According to §§ 195 ff. of the German Civil Code (BGB), these limitation periods can be up to 30 years, but the regular limitation period is three years.
8. What are your rights as a data subject?

Every data subject has the right to information under Article 15 of the GDPR, the right to rectification under Article 16 of the GDPR, the right to erasure under Article 17 of the GDPR, the right to restriction of processing under Article 18 of the GDPR, the right to object under Article 21 of the GDPR (see point 12) and the right to data portability under Article 20 of the GDPR. Finally, there is a right of appeal to a competent data protection supervisory authority (Article 77 DSGVO in conjunction with Section 19 BDSG).

You can revoke your consent to the processing of personal data at any time. Please note that the revocation is only effective for the future. Processing that took place before the revocation is not affected.

The assertion of these data protection rights and in particular the assertion of the revocation can be made by e-mail to

datenschutz(at)tag-ag.com

or in writing by post

TAG Immobilien AG
Datenschutzmanagement
Kreuzstraße 7c, 04103 Leipzig

The assertion of rights is free of charge.

9. Is there an obligation for me to provide data?

The provision of personal data is neither legally nor contractually required, nor are you obliged to provide us with your personal data. In the context of an application procedure, however, you must provide those personal data that are required for the commencement, implementation and termination of an employment contract or that we are legally obliged to collect. Without this data, we will generally not be able to conclude a contract with you. Such an application would be futile.

10. to what extent does automated decision-making and "profiling" take place?

As a matter of principle, we do not use fully automated decision-making pursuant to Article 22 of the GDPR to establish and implement employment contracts, nor do we process your data in an automated manner with the aim of evaluating certain personal aspects ("profiling").

11. What measures are taken to ensure data protection at TAG and the TAG Group?

TAG has designed its internal organisation within its area of responsibility in such a way that the special requirements of data protection and the provisions of the DSGVO and the BDSG are met. Technical and organisational measures have been taken to protect the data that meet these requirements. TAG is convinced that the measures taken provide an adequate level of protection for the risks associated with the processing of personal data. The principle of data economy is observed, i.e. only such data is collected, processed and retained as is necessary for the performance and execution of the contracts or which must be retained on the basis of consent and/or legal requirements.

12. Information about your right to object according to Article 21 DSGVO

Individual right of objection

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Article 6(1)(f) DSGVO (data processing based on a balance of interests).

If you object, we will no longer process your personal data for these purposes unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the assertion, exercise or defence of legal claims.

Recipients of an objection

Please address your objection to the respective controller, if possible with the subject "Objection". In order to speed up the processing of your objection if your name is the same, you can also give us your address, date of birth or other data that clearly identifies you.

You can send your objection by post to the responsible office or by e-mail directly to the TAG Group data protection officer: widerspruch(at)tag-ag.com

13. Adaptation of this privacy notice

TAG reserves the right to supplement and continuously update this data protection notice due to technical developments and the unknown practice of the supervisory authorities. The updated data protection notice applies from the time it is published on the website.

Hamburg, 13 August 2021

TAG Immobilien AG