Privacy Policy for applicants
We are pleased that you are interested in our company and have applied or are applying for a position. The following information is intended to provide applicants with an overview of how we process their personal data in connection with their application and their rights under data protection law.
Who is responsible for data processing and who can I contact?
The responsible party is:
IOTIQ GmbH
Emilienstraße 13
04107 Leipzig
Tel.: +49 341 99160100
E-Mail: [email protected]
You can reach our company data protection officer at:
Dr. Andreas Melzer
kelobit IT-Experts GmbH
Tel: +49 345 132553-80
Email: [email protected]
Which sources and data do we use?
We process the data you sent us in connection with your application to assess your suitability for the position (or, if applicable, other open positions within our company) and to conduct the application process.
This personal data includes, in particular:
Personal details (e.g., name, address, and contact information)
Qualifications (e.g., education, professional experience, language skills, and further training)
For what purpose do we process your data and on what legal basis?
The legal basis for processing your personal data in this application process is primarily Article 6(1)(b) GDPR, and secondarily Section 26 of the German Federal Data Protection Act (BDSG). According to these provisions, the processing of data necessary for the decision regarding the establishment of an employment relationship is permitted.
If an employment relationship is established between you and us, we may, in accordance with Article 6(1)(b) GDPR and Section 26(1) BDSG, further process the personal data we have already received from you for the purposes of the employment relationship, if this is necessary for the execution or termination of the employment relationship or for exercising or fulfilling the rights and obligations of the employee representation arising from a law, collective agreement, or works agreement.
It is possible that we may not be able to consider you directly for a position, but may still wish to retain your application in order to contact you quickly if necessary. Should this occur, we will request your consent in accordance with Section 26 Paragraph 2 of the German Federal Data Protection Act (BDSG) to include your application in our applicant pool for a certain period. If you grant us this consent, you may withdraw it informally at any time.
Should your data be required for legal proceedings after the application process has been completed, processing may take place based on the requirements of Article 6 of the GDPR, in particular for the purposes of pursuing legitimate interests pursuant to Article 6 Paragraph 1 Letter f of the GDPR. Our interest in this case lies in asserting or defending against legal claims, for example, within the framework of the burden of proof in proceedings under the German General Equal Treatment Act (AGG).
Who gets my data?
Your application data will be reviewed by the HR department upon receipt of your application. Suitable applications will then be forwarded internally to the department heads responsible for the respective open position. The further process will then be coordinated. Within the company, only those individuals who require access to your data for the proper execution of our application process will have access to it.
Will data be transferred to a third country or an international organization?
Data is generally not transferred to entities in countries outside the European Economic Area (so-called third countries). However, data may be transferred to third countries in individual cases, provided that:
- It is legally required,
- you have given us your consent, or
- this is legitimized by legitimate interest under data protection law and no higher legitimate interests of the data subject preclude it.
Furthermore, we do not transfer any personal data to entities in third countries or international organizations.
However, we use service providers for certain tasks, who in turn often use service providers that may have their headquarters, parent company, or data centers in a third country. Such a transfer is permitted if the European Commission has determined that an adequate level of protection exists in the third country (Art. 45 GDPR). If the Commission has not made such a determination, we or our service providers may only transfer personal data to a third country if appropriate safeguards are in place (e.g., standard contractual clauses adopted by the EU Commission or the supervisory authority in a specific procedure) and enforceable rights and effective legal remedies are available.
We have concluded corresponding contracts with our service providers and have also contractually stipulated that their contractual partners must always maintain data protection guarantees in compliance with the European level of data protection.
How long will my data be stored?
We store your personal data for as long as necessary to process your application. If you are offered a position as part of the application process, your application 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 the further storage of your personal data, we will add your data to our applicant pool. Your data will be deleted from the applicant pool after the agreed period (generally 12 months) or after you withdraw your consent.
If an employment relationship between you and us does not materialize, we may also continue to store data to the extent necessary to defend against potential legal claims. This generally includes six months after notification of the rejection or until a final decision is reached in any pending legal proceedings.
What data protection rights do I have?
Every data subject has the right to information under Article 15 GDPR, the right to rectification under Article 16 GDPR, the right to erasure under Article 17 GDPR, the right to restriction of processing under Article 18 GDPR, the right to object under Article 21 GDPR, and the right to data portability under Article 20 GDPR. The right to information and the right to erasure are subject to the limitations set out in Sections 34 and 35 of the German Federal Data Protection Act (BDSG). Furthermore, you have the right to lodge a complaint with a competent data protection supervisory authority (Article 77 GDPR).
You may withdraw your consent to the processing of your personal data at any time. This also applies to the withdrawal of declarations of consent that were given to us before the GDPR came into effect, i.e., before May 25, 2018. Please note that the withdrawal of consent is only effective for the future. Processing that took place before the withdrawal remains unaffected.
Is there an obligation to provide data?
Providing your personal data is neither legally nor contractually required, nor are you obligated to provide this data. However, providing this data is necessary for concluding an employment contract with us. Without this data, we are unable to enter into or perform an employment relationship with you.
To what extent is there automated decision-making?
We do not use automated decision-making pursuant to Article 22 GDPR for the establishment, implementation, or termination of the employment relationship. Should we use these procedures in individual cases, we will inform you separately about this and your related rights, provided this is required by law.
Is profiling taking place?
We do not process your data with the aim of automatically evaluating certain personal aspects.
Information about your right to object under Article 21 GDPR
Right to object on a case-by-case basis
You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you which is based on point (f) of Article 6(1) of the GDPR (processing based on legitimate interests). This also applies to profiling based on those provisions as defined in Article 4(4) of the 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 purpose of establishing, exercising or defending legal claims.
Recipient 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 under point 1 or the channel used for the application.
Changes to this privacy policy
We revise this privacy policy when there are changes to data processing or other circumstances that make it necessary. The current version can always be found on this website.
Last updated: June 13, 2023
