Handling of Applicant Data
Notes on data protection during the application process

This page will inform you about how we handle your data during the application process. We process all personal data of applicants in accordance with the requirements of the EU General Data Protection Regulation (GDPR) and the new German Federal Data Protection Act (“Bundesdatenschutzgesetz – BDSG neu”).

In addition to processing data in compliance with these regulations, it is important to us to remain transparent in regard to how we handle your data. That is why we would like to inform you about our processes.

Who is responsible for the processing of your personal data?

Virtimo AG, Behrenstr. 18, 10117 Berlin (hereinafter referred to as “Virtimo”), is the controller within the meaning of the EU General Data Protection Regulation (GDPR).

Who can you contact if you have any questions about the processing of your personal data?

For all questions related to the processing of your personal data and the exercise of your rights under the GDPR, please contact your previous contact person at Virtimo or our data protection officer at datenschutz@virtimo.de or +49 30 555 744 040.

What are the purposes and legal foundations for our processing of your personal data?

In accordance with section 26, paragraph 1 in conjunction with paragraph 8, sentence 2 of the BDSG, we process personal data about you for the purpose of deciding whether an employment relationship with Virtimo will be established.

In addition, we can process personal data about you insofar as this is necessary to defend against any legal claims made against us as a result of the application process. The legal basis for this is article 6, paragraph 1, letter f of the GDPR; the legitimate interest may be, for example, a burden of proof in proceedings under the German General Equal Treatment Act (“Allgemeines Gleichbehandlungsgesetz – AGG”).

Insofar as an employment relationship between you and us is established, we can process the personal data already received from you for the purposes of the employment relationship in accordance with section 26, paragraph 1 of the BDSG, if this is required for conducting or terminating the relationship or for exercising or fulfilling any rights or obligations of the employee representatives that arise from a law or a company agreement.

Which kinds of personal data does Virtimo process? 

We process data related to your application. This can include general data about yourself (such as your name, address and contact details), information about your professional qualification and formal education , about professional development as well as any other information that you send us in connection with your application.

In addition, we can process job-related information that you have made publicly available, such as a profile on a professional social network, e.g. Xing.

To whom is your personal data forwarded by Virtimo, and where is your data stored?

You have applied for an advertised position or on your own initiative. We will forward your documents to the employees responsible for applicant assessment within the relevant department. We work with temporary references to documents in our document management system, so that in case of withdrawal of your application we can withdraw access to the documents from the department.

Virtimo uses Gmail. We therefore inform you of the storage of your personal data based on the EU standard contractual clauses (article 46, paragraph 2, letters c and d, GDPR) concluded between Google and Virtimo. Our Google contractual partner is Google Ireland Limited, Gordon House Barrow Street, Dublin 4, Ireland. All data is encrypted using the SSL protocol.

How long will your data be stored?

Virtimo stores your personal data for as long as this is necessary to inform a decision about your application. If an employment relationship between you and us is not established, we will save your data for a further 6 months to defend against any legal claims.

If we cannot currently offer you a position that matches your profile but would like to consider your application documents for future vacancies, we will ask for your consent to include your application in the applicant pool. In this case, the application data will correspondingly be stored for a longer period. Your consent to this is voluntary. You may opt to revoke your consent at any time.

How do we ensure the security of your data?

Your application documents can only be viewed by the HR department and the people involved in the decision-making process for a vacant position, e.g. the respective managers in our company. Your data will of course be treated confidentially by all parties involved.

We use both technological and organizational security measures to protect your collected data against accidental or deliberate manipulation, loss, destruction, as well as against access by unauthorized persons. Our security measures are continuously improved in line with technological developments.

What about your rights to information, correction and deletion as well as rights to restrict processing?

Information rights

You have the right to receive information about your personal data processed by us and to request access to your personal data and / or copies of this data. This includes information about the purpose of use, the kinds of data used, their recipients and authorized users and, if possible, the planned duration of data storage or, if this is not possible, the criteria for determining this duration.

Right to rectification

You have the right to demand from us the correction of any incorrect personal data concerning you without delay. We also have an interest in having correct data from you. If there are any changes, e.g. to your contact details, please contact us at any time.

Taking into account the purposes of processing, you have the right to demand the completion of incomplete personal data – including by means of a supplementary declaration.

Right to object

Insofar as any processing of personal data concerning you takes place on the basis of article 6, paragraph 1, letter f of the GDPR, you have the right to object to the processing of your personal data at any time. Subsequently, we will no longer process this personal data unless we can prove compelling legitimate reasons for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

Right to withdraw consent

If the processing of your personal data is based on your given consent, you have the right to revoke this consent at any time. The legality of any processing carried out on the basis of your consent up to the point of revocation is not affected.

To withdraw your consent, simply contact your Virtimo contact person or, as mentioned above, our data protection officer.

Right to cancellation

You have the right to request that we delete personal data relating to you immediately. On our part, we are obliged to delete personal data immediately as soon as

  • the personal data are no longer necessary for the purposes for which they were collected or otherwise processed or
  • you object to the processing and there are no overriding legitimate interests on our part.

Reasons for deletion exist as soon as

  • the personal data has been processed unlawfully or
  • the deletion of personal data is necessary to fulfill a legal obligation under union law or the law of the member states to which we are subject.

There is no obligation to delete data if

  • the processing is necessary or required to fulfill a legal obligation under the law of the union or the member states or
  • the processing is necessary to assert, exercise or defend legal claims.

If deletion is not possible, we will limit processing accordingly.

If you have any questions about data protection laws relating to the handling of your applicant data, please do not hesitate to contact our above-mentioned data protection officer.