Privacy

Data protection information in accordance with Art 13 and Art 14 of the General Data Protection Regulation (DSGVO)

We are pleased that you wish to apply for a job at K-Businesscom AG or one of the group companies of the KBC Group. Transparency and trustworthy handling of your personal data is an important basis for good cooperation. We therefore attach great importance to making the processing of your personal data transparent and would like to inform you in this privacy statement about our handling of your data and your rights in this context.

K-Businesscom AG has implemented the career site for your application. On this platform you have the possibility to enter your application data through the tool of eRecruiter GmbH. By application we mean your application for a position with K-Businesscom Ltd or one of the KBC Group companies. K-Businesscom AG is entrusted with managing the receipt of applications and organising the application process via this platform centrally for the KBC Group. Each application will then be handled in detail by the company for which you have applied.

1. Name and address of the person responsible

The persons responsible for processing your personal data for the KBC Group are K-Businesscom Ltd and the respective group company of the KBC Group (if you have applied to a specific one).

The contact details of the data protection officer or contact person on data protection issues for the respective companies are:

K-Businesscom AG
c/o Data Protection Officer
Wienerbergstraße 53, 1120 Vienna, Austria
T +43 50 822 0
F +43 50 822 9995
kbc.datenschutz@k-business.com

K-Converged Services GmbH
c/o Data Privacy Manager
Wolfganggasse 58-60, 1120 Vienna, Austria
kcs.privacy@k-business.com

K-Businesscom GmbH
c/o Data Privacy Manager
Sperberweg 8, 41468 Neuss (Düsseldorf), Germany
T + +49 2131 9526 0
datenschutz-kbc-de@k-business.com

2. Personal data

Personal data" means any information relating to natural persons either directly or indirectly.

3. Data processing "Application process" - Creating the applicant profile

3.1. scope of processing of personal data

In the course of creating an applicant profile, you can enter the following data:

Salutation, title, first name, last name, e-mail address, telephone number, date of birth, address (street, house number, postal code, city, country), nationality

There is also a free field in the applicant profile where you can upload various documents (CV, photo, additional documents).

It is up to you which data you enter into the applicant profile in the provided fields and which documents you upload. Furthermore, it is your sole responsibility to manage the data and therefore to update and/or delete it.

K-Businesscom AG will only store and host this data on your behalf in its own IT infrastructure.

3.2 Legal basis for the processing of personal data

The legal basis for the processing of applicant data is Art. 6 (1) lit. b DSGVO and therefore the processing for the performance of a contract or for the implementation of pre-contractual measures. When you registered via https://jobs.kapsch.net/ and created an applicant profile, you gave a corresponding order to us to process your applicant data in our IT infrastructure.

The temporary storage of the technical login information is necessary to ensure the security and availability of the IT infrastructure and therefore to be able to fulfill the order accordingly, which is why the legal basis for the processing is our legitimate interest within the meaning of Art. 6 (1) lit. f DSGVO.

3.3 Purpose of the processing of personal data

The data you enter in the applicant profile after your registration will be stored by us on our server within our IT infrastructure. The data entered in your applicant profile will be processed by K-Businesscom AG exclusively for the provision of the ordered storage and hosting services. K-Businesscom AG will not process this data for any other purpose or in its own interest and, in particular, will not view or correct it or delete it before the retention period expires.

Within the scope of the order, we will ensure that you can access and manage your data as long as you do not revoke the order placed with us. You yourself can manage the data in the applicant profile and therefore, for example, update or delete it.

We collect the technical information and log data to ensure the functionality and IT security of the applicant platform.

3.4 Duration of storage

As soon as you request the deletion of your applicant profile, the data you uploaded there will also be deleted. You also have the option to delete or update all data and documents uploaded there individually.

We store the technical information and log data for a period of 3 weeks.

3.5 Recipients of data

4. Data processing "Application process

4.1 Scope of the processing of personal data

Certain personal data that we require for the creation of the applicant profile and the further handling of your application, namely: Salutation, first name(s), last name(s), e-mail address, telephone number, address (street, house number, postal code, city, country), nationality, and password, are mandatory fields.

The provision of this data by you is nevertheless voluntary; however, if you do not provide this data, which is marked as mandatory, we may not be able to process your application, as certain information about you is required to assess your suitability for a position.

All other information that is not marked as mandatory fields, namely title (first and last), date of birth, additional documents (e.g. photo) as well as profile data from LinkedIn can be filled in voluntarily and/or corresponding documents can be uploaded. If applicable, we and the respective Group company for which you have applied will treat any particularly sensitive data you have provided (such as religious confession within the resume) as well as any data you have provided voluntarily for the same purpose as the mandatory data.

Automatically, we will process information on the login to your user account and log data (device, program, browser, IP address, date, time, session ID) as well as information on the applicant source.

The extent of data collection may need to be assessed according to the position to be filled. If, for example, your intended position is associated with the performance of increased personnel and/or financial responsibilities, supplementary data collection may take place (sending/performing a test for the purpose of creating an analysis and, if applicable, a personality profile). In these cases, an application outside of eRecruiter is used (Metis products from Master Human Resources Consulting GmbH).

4.2 Legal basis for the processing of personal data

The legal basis for the processing of applicant data is Art. 6 (1) lit. b DSGVO and therefore the processing for the performance of a contract or for the implementation of pre-contractual measures. By applying, you make a corresponding request to us to process your applicant data in the context of the application, which requires the described data processing.

As far as the processing of the voluntarily provided (also particularly sensitive) data is concerned, we base the processing on your express consent within the meaning of Art. 6 (1) lit. a in conjunction with Art. 9 (2) lit. a DSGVO, which you gave in the course of the online form.

In the case of an unsolicited application and therefore without reference to a specific advertised position, we also process your data only after consent (Art. 6 para. 1 lit. a DSGVO).

You can revoke your consent at any time with effect for the future and without giving reasons verbally, in writing or electronically to K-Businesscom AG or the respective group company. The lawfulness of the processing of your data until the time of revocation remains unaffected.

4.3 Purpose of the processing of personal data

The support and organization of the platform is carried out by K-Businesscom AG. The further handling of data in the application process is divided between the respective group company to which you have applied and K-Businesscom AG as a service provider in personnel matters, within the KBC Group.

The data entered in your applicant profile via the platform will be used by K-Businesscom AG exclusively in the case of your application for a position for the purpose of assigning you to the respective group company and passing it on to them. If you upload your data in the applicant profile without applying for a job at the same time, we will only organize the storage of the data in the applicant profile for you, but will not process the data otherwise.

If you apply to K-Businesscom AG or another KBC Group company, your applicant data will be processed by the respective company for the purpose of handling your application and considering you in the application process, as well as for the purpose of deciding whether to fill the position for which you have applied (for details, see point 5.).

In the case of a speculative application, K-Businesscom AG will store your applicant data in an applicant pool for a period of 6 or 24 months in accordance with your consent and pass it on to the respective group company when a position becomes available.

4.4 Duration of storage

Once we have responded to your application, we will process your data for the duration of the application process. If the application process ends with your recruitment by a Group company, by rejection of our recruitment offer, by withdrawal of your application or by rejection on our part, we will store your applicant data for 6 or 24 months in accordance with your consent after the end of the month in which the application process ends for one of the aforementioned reasons. After the expiry of this period, we will irretrievably delete your data. The period of six months results from the defense of any claims under the Equal Treatment Act. Insofar as you have given your consent for the processing of certain data, we will delete your data earlier, if necessary, with the revocation of your consent.

In connection with the sending/execution of a test for the purpose of creating an analysis and, if applicable, a personality profile, your data will be stored in accordance with your consent for a period of 36 months. This is due to the intended non-repeatability and, if applicable, facilitates a possible future application for similar positions. After expiry of the period, we will irretrievably delete your data. The data will be deleted correspondingly earlier if you revoke your consent.

If the application process results in your employment, we will transfer your relevant applicant data to your personnel file.

You can revoke your consent at any time with effect for the future and without giving reasons verbally, in writing or electronically to K-Businesscom AG or the respective group company.

As far as the data managed by you in the applicant profile without you having sent a concrete application to us is concerned, we do not keep these separately. Therefore, as soon as you request the deletion of your applicant profile, the data you uploaded there will also be deleted. You also have the option of individually deleting or updating all data and documents uploaded there.

4.5 Recipients of data

The applicant platform is operated by K-Businesscom AG. In the course of this, K-Businesscom AG uses eRecruiter GmbH as an order processor for IT services, which may therefore also have access to the applicants' data in order to be able to provide the IT services. Furthermore, K-Businesscom AG uses products from Master Human Resources Consulting GmbH (MHRC) via Metis. This means that responsible specialists as well as technically and organizationally qualified and authorized employees of MHRC's technical service providers have access to your data in order to provide services.

Your data will only be passed on by K-Businesscom AG to the respective group company to which you have applied. Only with your consent will your application also be made available to other group companies.

As far as the transfer of your application data to a group company outside the EU/EEA is concerned, we would like to draw your attention to the fact that currently no data is transferred to third countries.

The respective group company has commissioned K-Businesscom AG with the provision of personnel services and therefore also with consulting with regard to recruiting. K-Businesscom AG therefore uses the applicant data according to the order and instructions of the respective group company that has advertised a position or, in the case of a speculative application, on behalf of K-Businesscom AG. The place of data storage and hosting is Vienna.

5. Data Processing "Application Process" - Applicant Pool

5.1 Scope of the processing of personal data

We store your applicant data (see point 3.1.) in an applicant pool (eRecruiter), in which K-Businesscom AG can search for suitable applications, in the event of a vacancy within one of the KBC Group companies.

5.2 Legal basis for the processing of personal data

The legal basis for processing in this case is Art. 6 (1) lit. a DSGVO and therefore your consent.

5.3 Purpose of the processing of personal data

If you separately consent to a record keeping of your applicant data in the applicant pool, the storage of your applicant data is necessary in order to be able to inform you about a suitable vacancy in one of the group companies at a later date.

K-Businesscom AG will pass on your applicant data to the respective group company where a suitable position has been found, which will then contact you.

5.4 Duration of storage

We store your data in an applicant pool for a period of 6 or 24 months in accordance with your consent, unless you revoke your consent at an earlier point in time.

You can revoke this consent at any time with effect for the future and without giving reasons verbally, in writing or electronically to K-Businesscom AG.

5.5 Recipients of data

We will pass on your applicant data to the respective group company when a vacancy becomes available with your consent. Otherwise, your data will not be passed on.

As far as the transfer of your applicant data to a group company outside the EU/EEA is concerned, we would like to draw your attention to the fact that currently no data is transferred to third countries.

6. Your rights

6.1 Right to information

Pursuant to Art. 15 DSGVO, you have the right to obtain information from us about all data relating to you that is processed by us. Specifically, you can request information from us about the following:

The purposes for which the personal data are processed;
The categories of personal data which are processed;
The recipients or categories of recipients to whom the personal data concerning you has been or will be disclosed;
The planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage period;
The existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
The existence of a right of appeal to a supervisory authority;
Any available information about the origin of the data, if the personal data is not collected from the data subject;
The existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information about whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 DSGVO in connection with the transfer.

6.2 Right to rectification and right to restriction of processing

If we process data relating to you that is inaccurate or incomplete, you have the right to rectification as well as the right to restriction in accordance with Art. 16 DSGVO. You may, under certain circumstances, for example, if the accuracy of data is in dispute until the accuracy has been verified, request restriction of the processing of data to the effect that it may only be processed with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person, or for reasons of important public interest.

6.3 Right to data portability

You may request that K-Businesscom AG sends you - or, if technically feasible, a third party designated by you - a copy of your data in a structured, common and machine-readable format. In addition, you have the right to transmit this data to another controller without hindrance by the controller to whom the personal data was provided, provided that

the processing is based on consent pursuant to Art. 6 para. 1 li.t a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 lit. b DSGVO, and
the processing is carried out with the help of automated procedures.

in exercising this right, you also have the right to have the personal data relating to you transferred directly from us to another controller, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this.

6.4 Right to deletion

You have the right to have data deleted in certain circumstances, such as if it is not processed in accordance with data protection requirements. The so-called "right to be forgotten" does not apply to you because K-Businesscom AG does not make your personal data public under any circumstances.

If you have asserted the right to rectification, erasure or restriction of processing against K-Businesscom AG, we are obliged to notify all recipients to whom the personal data concerning you has been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.

6.5 Right to object

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

In this case, K-Businesscom AG will no longer process the personal data concerning you, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the assertion, exercise or defense of legal claims.

6.6 Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time without giving reasons. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

7. Supervisory authority

Notwithstanding the possibility of filing a complaint with the regional court pursuant to Section 29 (2) of the Data Protection Act 2018 and any other legal remedies, you have the right to file a complaint with the national supervisory authority of your place of residence if unlawful processing of personal data is assumed. In Austria, the data protection authority is responsible.

8. Updating and amendment

Parts of this Privacy Policy may be changed or updated by us for technical or legal reasons without prior notice to you. Please always check the current privacy policy to be up to date with possible changes or updates.