additional information in accordance with Art. 13 DS-GVO
Walnut Careers (hereafter: “Walnut”) collects, stores, processes and uses personal data insofar as this is necessary for the execution of the application process and for the possible hiring of the talent or its intermediation with (potential) clients.
This data privacy statement applies exclusively to recruiting.
Name and contact details of the person responsible for data processing:
Mr. Patrick Nottebaum
D-40217 Düsseldorf, Germany
Phone +49 211 310 280 60
The personal data is processed in order to check whether the talent is suitable for the advertised position, whether the talent can be offered an employment contract and whether the talent can be placed with (potential) clients in terms of recruitment. Insofar as further consent is given, the processing will also take place for the purpose of submitting future job offers within the framework of Walnut’s talent pool.
The legal basis for the processing of personal data during the application procedure is Art. 6 para. 1 sentence 1 b) DS-GVO and the precautionary consent given by the talent in accordance with Art. 6 para. 1 sentence 1 lit. a) DS-GVO, unless the processing is already justified in accordance with Art. 6 para. 1 sentence 1 b) DS-GVO. Personal data may be processed to fulfil a legal obligation in accordance with Art. 6 para. 1 sentence 1 lit. c) DS-GVO (e.g. fulfilment of tax obligations) or on the basis of legitimate interests in accordance with Art. 6 para. 1 sentence 1 lit. f) DS-GVO.
Within the framework of recruiting, the following personal data are collected, stored, processed and used for the specified purposes and, if applicable, transferred to potential clients:
– personal data, such as names and contact details
– statement of activity
– statement of education
– statement of professional career
Transmitting data to third parties and to a third country
Personal data in the form of profiles may be forwarded to Walnut clients. This will only take place after consent and after prior agreement with the talent. A transfer to a third country is not intended.
Duration of processing
Personal data will be stored and processed for the duration of the current application process and – insofar as the talent gives more extensive consent – beyond the conclusion of the current application process as long as the talent does not revoke its consent.
Personal data will be deleted six months after completion of the application process unless the talent is hired or unless the talent has given its consent to storage and processing beyond the completion of the current application process. In the case of a successful personnel placement, personal data will be saved for the duration of the particular legal obligation to retain data.
Legal rights of the talent
The talent has the right to request information on the personal data processed by Walnut in accordance with Art. 15 DS-GVO, and in particular to request information on:
– the processing purposes
– the categories of personal data to be processed
– the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
– the planned storage period or, if this is not possible, the criteria for determining that period.
– the existence of a right of rectification or erasure of personal data relating to the talent or the limitation or objection of the processing by Walnut
– the existence of a right of appeal to a surveillance authority, all available information about the origin of the data, provided that the personal data is not collected from the talent,
– the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the DS Block Exemption Regulation and – at least in these cases – meaningful information on the logic involved, the scope and the intended effects of such processing on the talent, a transfer of personal data to a third country or to an international organisation, in which case the talent has the further right to be informed of the appropriate guarantee in accordance with Article 46 of the DS Block Exemption Regulation in connection with the transfer.
The talent has the right in accordance with Art. 16 DS-GVO to immediately demand the correction of incorrect or incomplete personal data stored at Walnut in accordance with Art. 16 DS-GVO.
Besides that, the talent has the right, in accordance with Art. 17 DS-GVO, to demand the erasure (right to be forgotten) of personal data stored at Walnut if one of the following reasons applies:
– personal data are no longer necessary for the purposes for which they used to be collected or otherwise processed.
– the talent revokes the consent on which the processing was based in accordance with Art. 6 para. 1 lit. a) DS-GVO or Art. 9 para. 2 lit. a) DS-GVO, and there is also no other legal basis for the processing.
– the talent objects to the processing in accordance with Art. 21 para. 1 DS-GVO and there are no overriding legitimate reasons for the processing or the talent objects to the processing in accordance with Art. 21 para. 2 DS-GVO.
– the personal data have been processed illegally.
– the erasure of personal data is necessary for the performance of a legal obligation under European Union law or the law of the Member States to which Walnut is subject.
– the personal data were collected referring to services offered by information society in accordance with Art. 8 para. 1 DS-GVO and the processing is not necessary.
– to exercise the right to expression of opinion and information.
– to fulfil a legal obligation which the processing entails by the European Union law or by the Member States to which Walnut is subject or to perceive a task for the public benefit or in the exercise of public authority that has been transferred to Walnut.
– for reasons of public benefit in the area of public health in accordance with Art. 9 para. 2 lit. h) and i) DS-GVO as well as Art. 9 para. 3 DS-GVO, for archiving purposes for public benefit, scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 DS-GVO, insofar as the law referred to in Art. 17 para. 1 DS-GVO presumably makes it impossible or seriously affects the attainment of the objectives of such processing, or for the enforcement, exercise or defence of legal claims.
If Walnut has made the personal data public and is obliged to delete them in accordance with Art. 17 (1) DS-GVO, it shall take appropriate measures, including technical measures, to inform data controllers who process the personal data that the talent requested them to delete all links to this personal data or copies or replications of this personal data, taking into consideration the available technology and implementation costs.
The talent has the right
to request in accordance with Art. 18 DS-GVO, the restrictions of the processing of personal data insofar as the accuracy of the personal data is contested by the talent, for a period of time that allows Walnut to verify the accuracy of the personal data, the processing is illegal and the talent refuses to delete the personal data and instead requests the restriction of the use of the personal data;
Walnut no longer needs the personal data for the purposes of processing but the talent needs them for the enforcement, exercise or defence of legal claims, or the talent has filed an objection against the processing in accordance with Art. 21 para. 1 DS-GVO, as long as it is not clear yet whether the legitimate reasons of Walnut outweigh those of the talent.
The talent has the right
in accordance with Art. 20 DS-GVO, to receive the personal data provided by Walnut in a structured, marketable and machine readable format and to request the transfer of such data to another responsible person without Walnut’s interference (right to data transferability), insofar as the processing is based on consent in accordance with Art. 6 para. 1 lit. a) DS-GVO or Art. 9 para. 2 lit. a) DS-GVO or on a contract in accordance with Art. 6 para. 1 lit. b) and the processing is carried out with the aid of automated procedures.
This right does not apply to processing that is necessary for the performance of a task carried out for the public benefit or in the exercise of public authority that has been assigned to Walnut.
The talent has the right in accordance with Art. 7 para. 3 DS-GVO, to revoke the consent given to Walnut at any time, with the consequence that Walnut may no longer continue the data processing based on this consent in the future (right of revocation). The revocation of the consent does not, however, affect the legality of the processing carried out due to the consent up to the revocation.
The talent has the right to complain to a surveillance authority in accordance with Art. 77 DS-GVO (right of appeal). Generally ,for this purpose, the talent can contact the surveillance authority of the usual whereabouts or workplace of the talent or the Walnuts company headquarters.
The revocation can be made by e-mail or by post.
right of objection
If personal data are processed due to legitimate interests in accordance with Art. 6 para. 1 sentence 1 lit. f) DS-GVO, the talent has the right to object to the processing of personal data in accordance with Art. 21 DS-GVO insofar as there are legitimate reasons that result from the particular situation of the talent.
No obligation to provide information
The provision of personal data by the talent is necessary for the execution of the application procedure. There is no obligation to provide this information. If data is not provided, the application procedure cannot be carried out.
There is no automated evaluation of personal data by Walnut to facilitate recruitment decisions by computer programs (automated decisions in individual cases including profiling, Art. 22 DS-GVO).
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