Data protection information for applicants
(Last updated: 15 May 2018)
Data protection information regarding our applicant data processing pursuant to Articles (Art.) 13, 14 and 21 of the General Data Protection Regulation (GDPR)
1. Contact information and controller responsible for data processing
Controller responsible with regard to data protection law
Jack Wolfskin Ausrüstung für Draussen GmbH & Co. KGaA /
JW Retail GmbH/
And JW Stargazer Holding GmbH
Jack Wolfskin Kreisel 1
Tel.: +49 (0)6126 954 0
Fax: +49 (0)6126 954 159
firstname.lastname@example.orgContact details of our Data Protection Officer for the aforementioned companies:
Jack Wolfskin Ausrüstung für Draussen GmbH & Co. KGaA
Data Protection Officer
Jack Wolfskin Kreisel 1
2. Purposes and the legal basis on which we process your data
We process personal data in accordance with the provisions governing the General Data Protection Regulation (GDPR), the Federal Data Protection Act of Germany (BDSG) and other applicable data protection regulations. Details shall be provided in the following. Further details or additional information in relation to the processing of personal data can be obtained from the respective contracts, forms, declaration of consent and other information which has been made available to you.
2.1 Purposes of fulfilling a contract or as a result of pre-contractual measures (Art. 6 Para. 1 b GDPR)
We use your personal data in order to process your application for a particular job vacancy or speculative application, in particular for the following purposes: Checking and assessing your suitability for the position to be filled, evaluating your performance and behaviour within the legally permissible scope, including for registering and authenticating your application via our website, creating an employment contract, as proof of transactions, contracts or other agreements, as well as for quality control using relevant documentation, measures for the fulfilment of general duties of care, statistical analysis of business management, travel and event management, travel booking and claiming for travel expenses, permissions and credential management, cost recording and controlling, reporting, internal and external communication, claims and fiscal evaluation of employee benefits (e.g. canteen meals), company credit card statements, occupational health and safety, contract-related communication with you (including appointment scheduling), enforcement of legal claims and defence in legal disputes, guaranteeing IT security (incl. system and plausibility tests) and general security, including building and facility security, securing and exercising domiciliary rights with appropriate measures including video surveillance to protect third parties and our employees as well as for the prevention of, and to secure evidence for legal disputes, ensuring the integrity, prevention and investigation of offences, authenticity and availability of data, checks by supervisory boards or authorities (e.g. audit).
2.2 Purposes of legitimate interests by ourselves or third parties (Art. 6 Para. 1 f GDPR)
In addition to fulfilling the actual contract (or pre-contract), we also process your data in cases where it is necessary in order to protect our legitimate interests, and those of third parties. Processing your data only occurs when there are no overriding interests on your part which mitigate against this, such as for the following purposes in particular: Measures aimed at further developing existing systems, processes and services; alignment with European and international anti-terrorist lists insofar as they go beyond legal obligations; enhancement of our data, incl. by using or researching publicly available data insofar as this is required; benchmarking; development of scoring systems or automated decision-making processes; building and facility security (e.g. entry controls and video surveillance) insofar as this goes beyond the general duties of care; internal and external investigations, security checks;
2.3 Purposes where you have given your consent (Art. 6 Para. 1 a GDPR)
Processing your personal data can occur with your consent for specific purposes (e.g. obtaining references from previous employers or using your data for subsequent vacancies). You are normally able to revoke this at any time. We will let you know about these purposes and the consequences of revoking consent or not giving consent in a separate text concerning consent.Revoking consent generally applies to the future. Any processing that was conducted prior to revoking consent is not affected by the regulation and remains lawful.
2.4 Purposes regarding fulfilment of legal obligations (Art. 6 Para. 1 c GDPR) or which are carried out in the public interest (Art. 6 Abs. 1 e GDPR)
Like everyone involved in business, we, too, are subject to a whole host of legal obligations. These are, first and foremost, legal requirements (e.g. Works Constitution Act, social security statute book, trade and tax laws), but also, where applicable, regulatory and other official obligations (e.g. trade associations). For the purposes of processing, this involves, where applicable, checking identity and age, prevention of fraud and money laundering (e.g. alignment with European and international anti-terror lists), workplace health management, guaranteeing occupational safety, complying with monitoring and reporting of fiscal obligations, as well as archiving data for data protection purposes and data security, plus checks by tax advisors/auditors, tax authorities and other authorities. Furthermore, the disclosure of personal data can be required during the course of official/judicial measures for purposes of taking of evidence, prosecution or enforcement of claims according to civil law.
3. The data categories processed by us insofar as we did not receive them directly from you, and their origin
Insofar as necessary in terms of the contractual agreement with you and the application submitted by you, we also process data obtained permissibly from other sites or other third parties. In addition, we process personal data which we have obtained or received permissibly through publicly available sources (e.g. commercial and association registers, residential registers, press, internet and other media) insofar as this is necessary and insofar as we are permitted to process this data according to statutory regulations.
Relevant personal data categories may include, in particular:
- Address and contact details (registration and similar data, such as email address and telephone number)
- Information about you on the internet or social media networks
- Video data (in particular where you have submitted video data to us as part of your application or, (concerning video data) data captured during general video surveillance of our premises)
4.Recipients or categories of recipients regarding your data
Within our company, your data is only supplied to the parties and organisational units who require this data for the fulfilment of our contractual and legal obligations (such as managers who are looking for a new team member or are participating in the recruitment process, accounting, works council etc.) or to process and implement our legitimate interests. Passing on your data to external sites shall occur only
- for the purpose of fulfilling legal obligations insofar as we are required (e.g. financial authorities) or entitled to provide information, notify or pass on data, or insofar as passing on data is in the public interest (see 2.4);
- insofar as external service providers process data on our behalf as a data processing company or insofar as a function has been outsourced (e.g. credit institute, external data centres, travel agents/managers, printers or data transfer, courier, postal or logistics services);
- as a result of our justified interest or that of a third party in the context of the purposes listed under 2.2 (e.g. authorities, credit agencies, debt-collecting agency, solicitors, courts, experts, affiliated companies and committees and regulatory boards);
- if you have given us consent to pass your data onto third parties.
We will not pass on your data to any third parties without informing you separately. Insofar as we commission service providers as part of processing an order, your data is subject to the security standards set by us, in order to protect your data accordingly. In all other cases, the recipients of data may only use this data for the purposes for which it has been transferred.
5. Length of time that your data may be stored
In principle, we will process and store your data for the duration of your application. This includes the initiation of a contract (pre-contractual relationship).
Furthermore, we are subject to various legal obligations in terms of retention and documenting, which stem from, e.g. the German Commercial Code (HGB) and the tax code (AO). The deadlines given there for storing and documenting data are up to ten years beyond the end of the contractual or pre-contractual relationship. If you are not hired, your application documentation will be returned to you in its original form after a period of six months, insofar as it was submitted as a hard copy. Digital data will also be deleted after six months. If we wish to save your data for subsequent vacancies or you have submitted your data to an applicant pool, your data will be deleted at a later stage. You will be informed about details of this as part of the respective process.
If your data is no longer required for fulfilling contractual or legal obligations and rights, this shall be deleted on a regular basis, unless the further processing of this data - limited in terms of time - is required in order to meet the purposes of a prominent justified interest of our business listed under 2.2. Such a prevailing justified interest is the case if, for example, deleting is not possible or is only possible as a result of a disproportionate amount of effort due to the manner in which it was stored. In this case, we are only able to store your data after the end of our contractual relationship for a duration related to these purposes and only use it in a limited capacity. In these cases, instead of deletion, processing of data will be limited. In other words, your data will be frozen using appropriate measures for otherwise normal processing.
6. Processing your data in a third country or through an international organisation
Transferring your data to sites outside the European Economic Area EU/EEA (so-called third countries) only occurs when necessary to carry out our contractual obligations to you (e.g. application for a position abroad) or in the context of our justified interest or that of a third party, or where you have given your consent.Here, the processing of your data in a third country may also occur in conjunction with engaging with service providers in the context of processing orders. Insofar as the EU Commission has not agreed a resolution with the country in question regarding a reasonable level of data security, we guarantee that corresponding contracts exist in line with the data protection requirements of the EU, meaning that your rights and liberties are protected and guaranteed to a reasonable extent. Information on suitable or appropriate guarantees and details on how and where to obtain a copy can be requested from the company data protection officer or the relevant Human Resources department.
7. Your data protection rights
You can assert your data protection rights against us under certain circumstancesAny affected person has the right to access data according to Art. 15 GDPR, the right to rectify data according to Art. 16 GDPR, the right to delete data according to Art. 17 GDPR, the right to restrict the processing of data according to Art. 18 GDPR and the right to data portability according to Art. 20 GDPR. Restrictions according to Sect. 34 and 35 BDSG (Federal Data Protection Act) apply to the rights to access and delete data. In addition, you have the right to appeal to a data protection authority (Art. 77 GDPR in conjunction with Sect. 19 BDSG).
Your application concerning the exertion of your rights should, wherever possible, be in writing and sent to the address above, or directly to our data protection officer.
8. Extent of your duties to make your personal data available to us
You are only required to make data available which is required in order to process your application or regarding a pre-contractual relationship with us, or data which we are required to gather for legal reasons. We will not normally be in a position to conclude or carry out an application or selection process without this information. Insofar as we have requested data from you beyond the above, we will inform you separately that these details are given on a voluntary basis.
9. Existence of an automated decision on a case-by-case basis (including profiling)
We do not use a purely automated individual decision-making process in line with the provisions governing Article 22 GDPR. Insofar as we introduce this type of process on a case-by-case basis in the future, we will let you know about it separately if this is legally prescribed.
Information concerning your right to object Art. 21 GDPR
You have the right to object to the processing of your personal data which occurs as a result of Art. 6 Para. 1 f GDPR (data processing based on evaluating interests) or Art. 6 Para. 1 e GDPR (data processing in the public interest). However, a prerequisite is that there are reasons for your objection relating to your personal situation. This is also valid for a profiling based on these terms in line with Art. 4 no. 4 GDPR.
If you revoke your consent, we will no longer process your personal data unless we can prove compelling and legitimate reasons for doing so, which outweigh your interests, rights and liberties, or if the processing serves to assert, exert or defend legal claims.
It goes without saying that you can withdraw your application at any time.
We do not plan to use your personal data for direct advertising. However, we would like to inform you that you have the right, at any stage, to revoke your consent to advertising; this also applies to profiling insofar as it is in conjunction with this direct advertising. This revocation of consent will be taken into account for any future advertising.
Your objection is not subject to any formal requirements, and should be sent to
Jack Wolfskin Ausrüstung für Draussen GmbH & Co. KGaA
Jack Wolfskin Kreisel 1
Our data protection information, as well as information on how we process our data in accordance with Articles (Art.) 13, 14 and 21 GDPR may change from time to time. Any amendments will be published on this page. Older versions are available in our archive for you to consult.