Information about data processing

V2 (022024)

Gebrüder Bagusat GmbH & Co KG uses the onlyfy one service (by XING) to process job applications. This Privacy Policy will inform you about the processing of your data by the onlyfy one service and by Gebrüder Bagusat GmbH & Co KG.

Shared responsibility

With regard to interaction within the company account of Gebrüder Bagusat GmbH & Co KG, Gebrüder Bagusat GmbH & Co KG and New Work SE have shared responsibility pursuant to Article 26 GDPR, as they jointly determine the purposes and means of processing pursuant to Article 4 (7) GDPR. The current version of the agreement on shared responsibility pursuant to Article 26 GDPR, which New Work SE concludes with companies that use onlyfy one, can be viewed here https://www.xing.com/terms/onlyfy-one to gain information on the key aspects of the agreement.

Data processing by New Work SE

onlyfy one is part of the extensive XING service operated by New Work SE, which pursues the aim of improving and simplifying users’ working lives with a variety of applications (onlyfy one, as well as the XING social and jobs network, kununu, etc.), and creates a more fulfilling working world of work for individuals while boosting the performance of companies. As part of the extensive XING service, onlyfy one is an online platform on which or through which talent and companies meet.

With regard to data processing for which New Work SE is solely responsible or is responsible within the scope of the shared responsibility with Gebrüder Bagusat GmbH & Co KG, detailed information is available in the XING Privacy Policy at https://privacy.xing.com/en/privacy-policy. You will also find contact details for New Work SE, as well as for the New Work SE data protection officer there.

Job applications with onlyfy one

When submitting an application, you enter into a user relationship with New Work SE for the purpose of processing applications. In addition, you will receive support and New Work SE can present you with other opportunities in support of your career. A public profile will not be automatically created for you on the XING social and jobs network. The legal basis for New Work SE processing your data is, in particular, Article 6 (1)(b) GDPR (processing necessary for the performance of a contract).

Pausing your online application

You can pause the creation of your online application at any time and continue at a later point. Cookies are used for this purpose. The data you provide to create the user account, as well as any uploaded documents, are recorded in the company account of Gebrüder Bagusat GmbH & Co KG in onlyfy one. The data remains recorded even if an application is paused and/or not completed. In this case, your application is flagged as incomplete and the data remains visible to Gebrüder Bagusat GmbH & Co KG only.

Visibility of your data

The data you have provided as part of the online application can be read, edited, or updated in your candidate profile at any time.

Notes on the special functions of onlyfy one

Calendar function

If the calendar function is used, your data is processed during and for the purpose of setting appointments within the application process. The legal basis is Article 6 (1)(f) GDPR. The calendar function is provided by an IT service provider (Cronofy Ltd., United Kingdom). The United Kingdom is classified as a secure third country based on the adequacy decision of the European Commission. Further information on data protection at Cronofy is available here: https://www.cronofy.com/gdpr/ and https://docs.cronofy.com/policies/privacy-notice/

WhatsApp application

If you use the apply using WhatsApp function, your consent, which can be withdrawn at any time, forms the legal basis for communication (Article 6 (1)(a) GDPR). When applying via WhatsApp, all required applicant information is requested during a WhatsApp chat. The data is then sent directly to onlyfy one through a service provider, and is processed further there as part of and for the purpose of the normal application process.

The apply via WhatsApp function is provided by an IT service provider (PitchYou) that can gain access to your data for this purpose. More information is available here: https://www.pitchyou.de/en/pitchyou-gdpr. Candidate data from apply via WhatsApp are transferred to onlyfy one via an interface. Immediately after this transfer, candidate data are deleted from the apply via WhatsApp infrastructure in PitchYou. Further processing then takes place exclusively in onlyfy one.

Please note that you use your personal WhatsApp account for applications, and therefore we cannot rule out that messages will be transferred, to the USA in particular. WhatsApp data protection information, such as its processing or exercising of data protection rights with regard to WhatsApp is available here: https://www.whatsapp.com/legal/privacy-policy-eea.

Subject to your consent, your application will be sent from WhatsApp via the PitchYou infrastructure to onlyfy one. You have the right to withdraw your consent to this at any time. Either way, your application data will be deleted from the PitchYou infrastructure once transferred to onlyfy one, meaning that PitchYou will not process your data any further.

Applicability of the Swiss Federal Data Protection Act (FADP)

The FADP applies to circumstances which have an impact on Switzerland, even if said circumstances are initiated outside of Switzerland. Correspondingly, this privacy policy applies to information in line with the EU GDPR and the FADP. Here, EU GDPR terminology is used in favour of FADP terminology. However, FADP terminology is used if the FADP applies and the terminology differs from EU GDPR terminology in a given language. The About this site section on XING contains the name and address of our representative in Switzerland.

Privacy policy

On this page, we provide you with an overview of how we process your personal data in applicant management. In addition, we inform you about contact persons and your rights as a data subject.

Part 1 - Basic information

Abbreviations
We use the following abbreviations in these notes:

• DSGVO for General Data Protection Regulation
• BDSG for Federal Data Protection Act
• TTGSG for Telecommunications and Telemedia Data Protection and Privacy Act

Responsible
Responsible for data processing is
Gebrüder Bagusat GmbH & Co. KG, Böhmerwaldstraße 47a, 82538 Geretsried, Germany
Represented by: Alexander Bagusat
E-mail: info@bagusat.com, Phone: 08171 98 180

Data protection officer
We have appointed a data protection officer for our company. If you have any questions regarding data protection, you can either contact our data protection officer or directly contact the person responsible named above. You can reach our data protection officer at the e-mail address dsb@bagusat.com. Alternatively, you can also reach him by mail. To do so, send your mail to the address given above under "Person responsible" with the addition "Attn. data protection officer".

Your data subject rights
Revocation of your consent to data processing
Some of your data processing operations are only possible with your express consent. You can revoke consent you have already given at any time. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

Right of complaint to the competent supervisory authority
Data subjects have a right of appeal to the supervisory authority. It is best to contact the supervisory authority in which our company is located, as this is directly responsible for us. The right of appeal is without prejudice to other administrative or judicial remedies.

Right to data portability
You have the right to have data that we process automatically on the basis of your consent or in performance of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another responsible party, this will only be done insofar as it is technically feasible.

Information, deletion and correction
Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, its origin and recipient and the purpose of data processing and, if necessary, a right to correction or deletion of this data. For this purpose, as well as for further questions on the subject of personal data, you can contact us at any time.

Right to restriction of processing
You have the right to request the restriction of the processing of your personal data. For this purpose, you can contact us at any time. The right to restriction of processing exists in the following cases

• If you dispute the accuracy of your personal data stored by us, we usually need time to verify this. For the duration of the review, you have the right to request the restriction of the processing of your personal data
• If the processing of your personal data happened/is happening unlawfully, you can request the restriction of data processing instead of deletion.
• If we no longer need your personal data, but you need it to exercise, defend or assert legal claims, you have the right to request restriction of the processing of your personal data instead of erasure.
• If you have lodged an objection pursuant to Art. 21 (1) DSGVO, a balancing of your and our interests must be carried out. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, this data may - apart from being stored - only be processed with your consent or for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the European Union or a Member State.

Right to object to the collection of data in specific cases and to direct advertising
IF THE DATA PROCESSING IS CARRIED OUT ON THE BASIS OF ART. 6 ABS. 1 LIT. E OR F DSGVO, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS DATA PROTECTION NOTICE. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA CONCERNED UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS, OR THE PROCESSING IS FOR THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS (OBJECTION UNDER ARTICLE 21(1) DSGVO). IF YOUR PERSONAL DATA ARE PROCESSED FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING; THIS ALSO APPLIES TO PROFILING INSOFAR AS IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR THE PURPOSE OF DIRECT MARKETING (OBJECTION PURSUANT TO ART. 21 PARA. 2 DSGVO).

General information on storage periods
Unless a more specific storage period has been stated within this privacy notice, your personal data will remain with us until the purpose for processing the data no longer applies. If you assert a legitimate request for deletion or revoke your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g. retention periods under tax or commercial law); in the latter case, the data will be deleted after these reasons no longer apply.


Part 2 - Processing on the portal

 

Applicant management
We offer you the possibility to apply to us in different ways. Here, we have a direct applicant form and use the recruiting management tool of the service provider Prescreen (Prescreen International GmbH, Mariahilfer Straße 17, 1060 Vienna). In the following, we inform you about the scope, purpose and use of your personal data collected as part of the application process. We assure you that the collection, processing and use of your data will be carried out in accordance with applicable data protection law and all other legal provisions and that your data will be treated in strict confidence. If you send us an application, we will process your associated personal data (e.g. contact and communication data, application documents, notes taken during interviews, etc.) insofar as this is necessary to decide on the establishment of an employment relationship. The legal basis for this is Section 26 BDSG under German law (initiation of an employment relationship), Article 6 (1) (b) DSGVO (general contract initiation) and - if you have given your consent - Article 6 (1) (a) DSGVO. The consent can be revoked at any time. Your personal data will only be passed on within our company to persons involved in processing your application. If the application is successful, the data you submitted will be stored in our data processing systems on the basis of Section 26 of the German Federal Data Protection Act (BDSG) and Article 6 (1) lit. b DSGVO for the purpose of implementing the employment relationship. If we are unable to make you a job offer, if you reject a job offer or withdraw your application, we reserve the right to store the data you have submitted with us for up to 6 months from the end of the application process (rejection or withdrawal of the application) on the basis of our legitimate interests (Art. 6 para. 1 lit. f DSGVO). The data will then be deleted and the physical application documents destroyed. This storage serves in particular as evidence in the event of a legal dispute. If it is apparent that the data will be required after the 6-month period has expired (e.g. due to an impending or pending legal dispute), the data will not be deleted until the purpose for continued storage no longer applies. Longer storage may also take place if you have given your consent (Art. 6 (1) (a) DSGVO) or if legal storage obligations prevent deletion. If we do not make you a job offer, it may be possible to include you in our applicant pool. In the event of inclusion, all documents and details from the application will be transferred to the applicant pool in order to contact you in the event of suitable vacancies. Inclusion in the applicant pool takes place exclusively on the basis of your express consent (Art. 6 para. 1 lit. a DSGVO). The provision of consent is voluntary and is not related to the current application process. The data subject may revoke his/her consent at any time. In this case, the data from the applicant pool will be irrevocably deleted, unless there are legal reasons for retention. The data from the applicant pool will be irrevocably deleted no later than two years after consent has been given.

Storage and access to your terminal equipment such as cookies
Our site stores information on your terminal equipment or accesses existing information on your terminal equipment if this is legally permitted and necessary to provide a service (Section 25 (2) TTDSG) or you have given us your consent (Section 25 (1) TTDSG and Art. 6 (1) lit. a DSGVO). Or simply described: A terminal device means your IT terminal device, such as a PC or smartphone. If you access a page with your browser and it then sets cookies, for example, it stores information on your end device. When a website analysis takes place, we partially access existing information that is already stored in the end device.

The following cookies can be set:

• Identification of the user during the use of Prescreen (io).
  Name: PHPSESSID, storage time: end of session

• Recovery of an expired session of Prescreen (io)
  Name: REMEMBERME, storage time: two weeks

You can find information about further processing by us on https://www.bagusat.com on the page Data protection.