Information on data protection regarding the processing of employee data in accordance with Art. 13, 14 and 21 of the Basic Data Protection Regulation (DSGVO) of the company Mimi Hearing Technologies GmbH.
In accordance with the provisions of Art. 13, 14 and 21 of the General Data Protection Regulation (DSGVO), we inform you in this information sheet about the processing of your personal data as well as your data protection rights in this regard.
In order to ensure that you are fully informed about the processing of your personal data as part of the establishment, performance and termination of the employment relationship, please take note of the following information.
1. Responsible body in the sense of data protection law
Mimi Hearing Technologies GmbH
Boxhagener Str. 82
Data Protection Officer
TechGDPR DPC GmbH
Prenzlauer Allee 53,
2. Purposes and legal basis of the processing
We process your personal data in accordance with the provisions of the European General Data Protection Regulation (DSGVO) and the Federal Data Protection Act (BDSG), to the extent the processing is necessary for the employment relationship. The legal basis is Art. 88 DSGVO in conjunction with section 26 BDSG (new) as well as Art. 6 para. 1 lit. b, c and f DSGVO. In particular, we process the data we collect from you to:
- Perform recruiting activities and maintain the company talent pool;
- if you are not from the European Union, to help you obtain employment VISA in Germany;
- conclude and perform the employment contract between you and us, including paying you the salary for the work performed;
- take note about your work performance indicators and manage your tasks, within our legitimate interests;
- manage other work-related activities, such as meal delivery for remote employees, planning and organisation of team events, administration of annual flu vaccination, designing and printing business cards, and expenses reimbursement;
- provide outstaffing services to our partner companies, i.e. to I offer your work engagement with those companies;
- for the compliance with labour, social security, tax, and accounting laws applicable to our activities.
Furthermore, we may process your personal data to the extent necessary to defend against legal claims asserted against us under the employment relationship. For this purpose, the legal basis is Art. 6 para. 1 lit. f DSGVO, which is the legitimate interest. For example, it can be a burden of proof that requires to provide evidence within the framework of legal proceedings. If you expressly consent to the processing of personal data for certain purposes, the lawfulness of such processing is given on the basis of your consent pursuant to Art. 6 para. 1 lit. a DSGVO. A consent given can be revoked at any time (see section 9 of this data protection information). Please note that the revocation will only take effect in the future. Processing that took place before the revocation is not affected by this.
In accordance with Art. 88 DSGVO in conjunction with section 26 BDSG (new), we may process the personal data you already handed in as part of your application procedure to the extent that is necessary for the commencement, performance or termination of the employment relationship or for the exercise or fulfilment of the rights and obligations of the representation of the interests of the employees resulting from a law or a collective agreement, a works agreement or a service agreement (collective agreement).
3. Categories of personal data
We process data relating to your employment relationship. This can be general data about you (such as name, address and contact data), information about your professional qualification and school education, information about professional further education, health data (such as sick notes and maternity leave information) when required under employment and labour law, as well as data used to fulfill contractual obligations (performance management) and accounting and tax obligations (bank account, health insurance, social security, tax data, etc.).
4. Data sources
We process the personal data provided by you for the purpose of establishing and performing the employment relationship as well as personal data that arise in the course of carrying out your tasks (e.g. performance data, sickness related data).
5. Recipient of the data
We pass on your personal data within our company exclusively to those areas which require this data to fulfill their contractual and legal obligations or to implement our legitimate interest.
We may transfer your personal data to companies affiliated with us insofar as this is permissible within the framework of the purposes and legal basis set out in section 3 of this Data Protection Information.
For outstaffing, we will transfer your personal data to Mimi Health GmbH, which is a joint controller for this purpose. Mimi Health will process your information exclusively for the performance of the arrangement between us and them, as well as for their legal compliance purposes. If you would like to exercise your rights, you can contact us directly and we will ensure the appropriate action is taken on both sides.
Some of your personal data will be processed on our behalf by a processor in accordance with Art. 28 DSGVO. In these cases, we ensure that the processing of personal data is carried out in accordance with the DSGVO. The categories of recipients, in this case, are host providers and providers of employee management systems and software (e.g. Personio).
Data will otherwise only be passed on to recipients outside the company if this is permitted or required by law if this is useful for processing and thus fulfilling the employment contract, if you have consented to this or if we are authorized to provide information. Under these conditions, recipients of personal data may be, for example:
- Public bodies and institutions (e.g. tax office) where there is a legal or official obligation.
- Recipients to whom the transfer is directly necessary in order to establish or fulfil a contract, such as a payroll tax office, financial service provider or service provider in connection with travel bookings.
- Further data recipients can be those for whom you have given us your consent for data transfer.
6. Transfer to a third country
A transfer to a third country is not intended.
7. Duration of data storage
We process your personal data as long as this is necessary for the establishment, performance or execution of the employment relationship or for the exercise or fulfillment of the rights and obligations arising from the employment contract or for the exercise or fulfillment of the rights and obligations arising from statutory law, or from a collective agreement, a works agreement or a service agreement (Kollektivvereinbarung).
In addition, we are subject to various storage and documentation obligations, including those arising from the German Commercial Code (HGB) and the Fiscal Code (AO). The periods specified relating to storage and documentation are between two and ten years.
Finally, the storage period is also assessed according to the statutory limitation periods, which, for example, according to sections 195 et seq. of the German Civil Code (BGB) can generally be three years, but in certain cases also up to thirty years, as well as according to the contractual forfeiture period.
8. Your rights
All data subjects have the right to information under Art. 15 DSGVO, the right to rectification under Art. 16 DSGVO, the right to deletion under Art. 17 DSGVO, the right to limitation of processing under Art. 18 DSGVO, the right to notification under Art. 19 DSGVO and the right to data transferability under Art. 20 DSGVO.
In addition, you have the right to appeal to a data protection supervisory authority pursuant to Art. 77 DSGVO if you are of the opinion that the processing of your personal data is not lawful. The right of appeal exists without prejudice to any other administrative or judicial remedy.
If the processing of data is based on your consent, you are entitled under Art. 7 DSGVO to revoke your consent to the use of your personal data at any time with effect for the future. Please note that we may have to store certain data for a certain period of time in order to comply with legal requirements (section 8 of this data protection information).
9. Right to object
Insofar as the processing of your personal data is carried out on the basis of Art. 6 para. 1 lit. f DSGVO in order to safeguard legitimate interests, you have the right, for reasons arising from your particular situation, to object to the processing of such data at any time pursuant to Art. 21 DSGVO. We will then no longer process this personal data unless we can prove compelling grounds for processing worthy of protection which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
In order to protect your rights, you can contact us at any time using the details specified in Section 1 of this document.
10. Necessity of providing personal data
The provision of personal data is necessary for the conclusion of the employment relationship (employment contract) with us as well as for the implementation of your employment. We strive to minimise the data we collect and process to that end but if you are not willing to provide us with personal data when you enter into an employment relationship with us, we will not be able to commence an employment relationship with you.
11. Automated Decision Making
We do not submit your data to automated decision making as defined by Art. 22 GDPR, in decisions concerning your employment relationship.