Privacy policy

For applicants and temporary employees

Privacy policy for applicants and temporary employees

Version: 01/07/2025

Information on the collection of personal data from applicants and temporary employees within the Trenkwalder Germany Group (Art. 13, Art. 14 GDPR)

This privacy policy describes how we collect, use and process your personal information and how we comply with our legal obligations to you. Your privacy is important to us and we have made it our mission to protect and safeguard your rights.

This privacy policy applies to the personal information of the following groups of individuals: Applicants and temporary employees.

This privacy policy provides a framework for personal data processed by Trenkwalder Personaldienste GmbH and our subsidiaries and affiliates (“Trenkwalder Germany”) in accordance with the provisions of the European Union’s General Data Protection Regulation (GDPR) and the new version of the German Federal Data Protection Act (BDSG - new). These include: Trenkwalder Personaldienste GmbH, Trenkwalder Business Solution GmbH and Trenkwalder Personaldienste Medical Care GmbH. Further information on the individual companies, the persons responsible for data processing and the contact details of each company can be found on our homepage within the privacy policy.

1. Name and contact details of the data protection officer

Please contact the data protection officer if you have any questions about the processing of your personal data within Trenkwalder Germany:
Trenkwalder Personaldienste GmbH
Helene Yagolnitser, Data protection officer

Werner-Eckert-Str.6,

81829 Munich

Please use the following email address for your enquiries as the data subject according to the GDPR: info@trenkwalder.com

2. Data protection for applicants and candidates

This section of the privacy policy applies to applicants and candidates. Candidates are persons with whom Trenkwalder has not yet had any contact, but who can be reasonably assumed to be interested in Trenkwalder’s services or be able to benefit from them. This includes persons who are eligible for all positions advertised or offered by Trenkwalder – regardless of whether they are permanent, part-time, temporary or freelance jobs with Trenkwalder’s clients (including those who wish to work as a temporary employee).

Applicants are also considered candidates for such positions as well as persons who have submitted a CV to Trenkwalder in the context of an unsolicited application without referring to a specific position, or have exchanged views with Trenkwalder on its services and/or advertised or mediated positions.

In addition, individual contractors, freelancers or employees of suppliers are also among the candidates for the purposes of this policy, provided that they are put forward for a position with a Trenkwalder customer, for example in the context of an MSP tender.

2.1 Which data categories do we use and where do they come from?

The categories of personal data processed especially include:

Important identification and contact information

Your master data (such as first name, surname, titles)
Contact data (e.g. your private address, email address, (mobile) telephone number)
This may also include special categories of personal data, such as health data, if you include this information in your CV
Career history and educational background; list of projects
Language skills and other job-related skills
Social security number, national identification number or other identification number issued by the authorities
Date of birth
Gender
Marital status
Nationality, place of birth and work permit status
Information about services
Tax information
Photograph
Emergency contacts/family information and details of dependants
A copy of your driving licence and/or passport/ID card

Financial information

Bank details
Financial data
Social security number and other tax information

Information on education and occupation

Information from references and
information in your CV or application, information you provide about your professional interests and other information about your qualifications
Details of training
Professional experience
Current job title/specialisation/division
Skills and language skills
Details of contact persons for a reference
Immigration status (whether you need a work permit)
Start date or availability date
Information about your previous and current remuneration, pensions and benefits
Details of hours worked (after you have started a job)

Information about your interests and claims for future employment, which is both collected and derived directly from, for example, job offers or articles that you read or click on when visiting our website or via links in emails received from us, and where required by law or with express consent:

Special categories of personal data

Disabilities and health-related information - physical or mental health, including information related to disabilities that allows us to make appropriate adjustments, and health-related information related to specific entities where we are required to take or offer occupational health and safety measures to you
Results of drug tests, criminal checks and other background checks. The following data may also be collected and processed:
User name and password if you register on our websites
Information that you provide us with about friends or other persons together with the request that we contact them (the data controller shall assume that the other person has previously given their consent for this communication)
Other information that you provide us with, e.g. in surveys or via the “contact” feature on our pages.
Details of racial or ethnic origin, sexual orientation, religious or similar beliefs and physical or mental health, including information on disability, for the purposes of diversity monitoring

Information about criminal convictions

Details of possible criminal convictions if relevant to a job you are applying for

Automatically collected information

IP address;
User behaviour (e.g. marketing preferences);
User reports;
Log and troubleshooting information;
Device information when you install, access or use our services;
Website browsing data of the pages visited, e.g. the Trenkwalder website or customer websites;
Email history with Trenkwalder;
Location information (derived from jobs, IP address, application history or system memory data);
Additional information provided to us by your contact person for a reference of your own accord;
Additional information that our customers provide us about you or that we receive from other third parties, such as job markets (where you have uploaded information or are otherwise made available to us);
Information about your interests and needs in terms of future employment that is obtained both directly and indirectly, for example through job advertisements, by reading articles on our website or upon clicking on emails sent by us;
Additional information that you provide to us on your own initiative;
Any other information you may provide to us, including, for example, information about your childcare or care situation (for example, if you consent to a deduction of childcare vouchers from your salary or if you voluntarily provide this information) and if you provide this information to us by email or otherwise.

Please note that the above list of categories of personal information we collect is not exhaustive.

If an employment or service contract is concluded with you, we will collect, process and store personal data in accordance with the provisions of the new version of the Federal Data Protection Act (BDSG - new), in particular in accordance with § 26 BDSG -new, that you have provided to us as an employee or independent consultant or that arise during your employment or service contract if this is necessary to fulfil our contractual and/or legal obligations. Your personal data is usually collected directly from you as part of the application process.

In certain configurations, your personal data is also collected by other places (notably authorities) due to legal regulations. In addition, we may have received data from third parties (e.g. employment agencies).
If we do not collect your personal data directly from you in individual cases, we will inform you in advance. Processing may also be carried out electronically. This is particularly the case if an applicant submits corresponding application documents to us electronically, for example by email, or via an online form on the website.

2.2 Legal basis and purpose of data processing

We process, collect and store personal data especially for the following purposes:
a. to provide you with job offers and projects and to offer you work;
b. to provide you with additional services, such as training and further education measures, professional advice and support in professional reorientation;
c. to determine your suitability as an applicant or freelancer and your job-related skills;
d. to carry out data analyses, such as (i) analysing our database of applicants and employees; (ii) assessing individual performance and skills, including work-related skills assessment; (iii) identifying skilled-worker shortages; (iv) using information to show potential opportunities to individuals; and (v) analysing pipeline trends in hiring practices;
e. to provide you with information about potentially available positions;
f. to provide information about special events, promotions, programmes, offers, surveys, competitions and market research;
g. to respond to individual enquiries;
h. to operate, assess and improve our business (including developing, improving, analysing and improving our services; managing our communications; performing data analytics; performing accounting, auditing and other internal functions);
i. to protect against fraud and other unlawful activities, claims and other liabilities; and
j. to comply with and enforce applicable legal requirements, relevant industry standards, contractual obligations and our policies.

We process your personal data in compliance with the provisions of the EU General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG - new) and all other relevant legislation (e.g. Works Constitution Act - BetrVG, Working Hours Act - ArbZG, etc.).

The primary purpose of data collection and processing is to handle the application process. The primary legal basis for this is Art. 6 para. 1 b) GDPR in connection with § 26 para. 1 BDSG - new.

As part of your application – whether online via our portals, via email or in person at the office – we obtain consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR to process your data. Please refer to the following section.

If necessary, we also process your data on the basis of Art. 6 para. 1 sentence 1 lit. f GDPR to protect our legitimate interests or those of third parties (e.g. authorities). This applies in particular to the investigation of criminal offenses (legal basis § 26 para. 1 sentence 2 BDSG) or in the corporate group for purposes of group management, internal communication and other administrative purposes (what is known as “small group privilege”.
Furthermore, in individual cases we are obliged under the European anti-terrorism regulations 2580/2001 and 881/2002 to check your data against “EU terror lists” to ensure that no funds or other economic resources are made available for terrorist purposes.
If we wish to process your personal data for a purpose not mentioned above, we shall inform you in advance.

2.3 Consent

As described above, as part of your application – whether online via our portals, via email or in person at the office – we obtain consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR to process your data. The consent text is worded as follows:

“I consent to the processing, storage and transfer of my personal data, including the special categories of personal data provided by me in accordance with Art. 9 GDPR (e.g. information on my marital status or health data) by the Trenkwalder Group and its aforementioned subsidiaries and affiliates for the purpose of providing temporary, fixed-term or permanent job and employment opportunities, for the purpose of sending out job advertisements for vacancies and for the purpose of assessing (also by automated means) profiles and professional skills to evaluate individual development and career plans. My data will be stored for a period of twelve months and then deleted unless I expressly consent to further storage. If absolutely necessary in individual cases, I also consent to the transfer of my personal data outside the European Union and/or within the subsidiaries and affiliates of the Trenkwalder Group. I can refuse my consent without giving reasons and revoke my consent at any time for the future. The revocation does not affect the legality of the processing carried out up to that point. Further information can be found in the privacy policy on the homepage.”

You can revoke this consent at any time without giving reasons in writing by sending an email to info@trenkwalder.com.

Please note that we will no longer be able to consider your application once your consent has been revoked.

2.4 Data access

We will only share personal data that we have collected about you in accordance with this privacy policy and generally applicable data protection requirements.

We will share your information on an individual basis: (i) with subsidiaries and affiliates; (ii) if you are an applicant or freelancer, with customers who have vacancies or projects or who are interested in appointing our applicants or freelancers; and (iii) with other persons, such as recruitment consultants and subcontractors, with whom we work to find you a job or project.

Furthermore, we may disclose your personal information (i) if we are legally required to do so; (ii) to law enforcement authorities or other government officials on the basis of a lawful disclosure request; and (iii) if we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation on suspected or actual fraudulent or illegal activity. We also reserve the right to transfer any personal data we possess about you if we sell or transfer all or part of our business or assets (including in the event of reorganisation, dissolution or liquidation).

We also use various service providers to fulfil our contractual and legal obligations. If necessary, you can request a list of the contractors and service providers we use, which are not just temporary business relationships.

2.5 Rights of data subjects

As a data subject, you can assert the following rights in accordance with Art. 15 – Art. 22 GDPR:

a) The right to information: data subjects have the right to request information about the personal data we process about them to check whether their personal data is being processed in accordance with the law.

d) The right to rectification: data subjects have the right to request the rectification of inaccurate or incomplete data stored about them to protect the accuracy of this information and to adapt it to the data processing.

c) The right to erasure: data subjects have the right to request that the data controller erases information about them and no longer processes this data.

d) The right to restriction of processing: data subjects have the right to request that the data controller restricts the processing of their data.

e) The right to data portability: data subjects have the right to request data portability, which means that the data subject can receive the personal data originally provided in a structured and commonly used format or that the data subject can request the transfer of the data to another data controller.

f) The right to object: data subjects who provide personal data to a data controller have the right to object to data processing at any time for a number of reasons as set out in the General Data Protection Regulation, without having to justify the decision.

g) The right to not be the object of automated individual decision-making: data subjects have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning the data subjects or similarly significantly affects them.

h) The right to lodge a complaint with a supervisory authority: data subjects have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, place of work or place of the alleged infringement if the data subjects consider that the processing of their personal data infringes the GDPR.

If processing is based on consent in accordance with Art. 7 GDPR, data subjects may revoke their consent at any time.

2.6 Storage of your data

We process and store your personal data as long as this is necessary for the fulfilment of our contractual and legal obligations. The following also applies with regard to storing applicant data:

If we or a customer concludes a contract of employment with an applicant, the data transmitted shall be stored for the purposes of the employment contract in accordance with the statutory provisions.
If no employment contract is concluded with the applicant or the applicant is not given a placement, the application documents shall be automatically erased two months after the announcement of the rejection decision, unless erasure precludes other legitimate interests of the data controller. Other legitimate interests in this sense include retaining evidence for use in proceedings under the German Equal Opportunities Act (AGG).
The applicant’s consent is obtained for longer storage to be able to propose further job or project offers matching the applicant’s qualifications and skills even after the end of the first application phase during which the applicant could not be placed. We will, of course, contact you beforehand and obtain your consent after completion of the first application phase and in the event of a suitable offer. If consent is given for longer storage, we shall not delete the applicant’s data until this period has expired, unless the applicant gives us renewed consent for further storage. You can revoke your consent at any time for the future without giving reasons.

2.7 Data transfer

The GDPR guarantees the same high level of data protection throughout the European Union. When selecting our service providers, we therefore rely on European partners wherever possible if your personal data is to be processed. Only in exceptional cases will we have data processed outside the European Union as part of the use of third-party services. We shall only authorise the processing of your data in a third country if the special requirements of Art. 44 et seq. GDPR are met. This means that your data may only be processed on the basis of special guarantees, such as the EU Commission’s officially recognised determination of a level of data protection corresponding to the EU or compliance with officially recognised special contractual obligations, the “standard data protection clauses”.

2.8 Obligation to provide data

You must provide any personal data that is required to establish the employment contract or that we are legally obliged to collect as part of the application process. In individual cases, the applicant is legally obliged to provide certain data (e.g. health certificate, police clearance certificate, etc.). Without this data, we or our customer for whom the placement is being carried out will not be able to perform the employment contract with you.

2.9 Automated decision-making

Automated decision-making, including profiling, does not take place.

2.10 Online application process

General information/voluntary participation

In addition to face-to-face interviews at offices, we also offer our applicants the opportunity to conduct an interview online. To do so, we use the Microsoft solutions Skype, Teams, Zoom or WhatsApp.

Participation in online interviews is voluntary. You have the option of breaking off an interview at any time, refusing further interviews and withdrawing your consent to participate in the online interview without suffering any disadvantages. Online interviews are not recorded or saved.

It should be noted that the Trenkwalder Group also offers you the opportunity to take part in the interview in the form of a face-to-face interview on site or as a telephone call. If you decide on a face-to-face interview or a telephone call, this will have no detrimental effect on your application.

As part of our application process, we partially use an automated telephone initial interview conducted via computer-generated voice (AI). Your responses are electronically recorded and forwarded exclusively to our recruiting team for further processing. No automated decision-making takes place.

The interview will only be conducted by those responsible for filling vacancies within the Trenkwalder Group. These persons will ensure that the confidentiality of your personal data is maintained within the scope of the intended purpose. Ensuring the highest possible protection of your personal data is important to the company. All personal data collected and processed by us as part of an application is protected against unauthorised access and manipulation by technical and organisational measures.

Processed data/legal basis/revocation

The categories of personal data processed as part of the Teams interview include: name, image transmission (and, therefore, the transmission of your face), transmission of your voice. The online interview is not recorded and/or stored.

Furthermore, the following personal data is collected by the system when using Microsoft Teams/Skype: IP addresses, email addresses, names, log files, log data, metadata (e.g. IP address, time of participation, etc.), profile data (e.g. your user name, if you provide this information on a voluntary basis).

Data processing as part of the Teams interview is based on the consent you have given, which can be revoked at any time for the future, Art. 6 para. 1 sentence. 1 lit. a GDPR.

You have the option of breaking off an interview at any time, refusing further interviews and withdrawing your consent to participate in the Teams or Zoom interview without suffering any disadvantages. You can submit your revocation by email.

We also process the data collected by the system on the basis of a legitimate interest in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR. Our legitimate interest for data processing is: conducting online interviews.

Data transfer

We use Teams to conduct the online interviews. Microsoft Teams is part of Microsoft Office 365. Microsoft Teams is a productivity, collaboration and exchange platform for individual users, teams, communities and networks that is used across company organisations. It includes a video conferencing function.

Microsoft Office365 is a software provided by the company
Microsoft Ireland Operations Limited
One Microsoft Place
South County Business Park
Leopardstown
Dublin 18
D18 P521
Ireland

Microsoft Teams is part of the Office 365 cloud application, for which a user account must be created.

The data processing with Office 365 takes place on servers in data centres in the European Union in Ireland and the Netherlands. We have concluded a data processing agreement with Microsoft in accordance with Art. 28 GDPR. Accordingly, we have agreed extensive technical and organisational measures with Microsoft for Office 365 that correspond to state-of-the-art technology in IT security, e.g. with regard to access authorisation and end-to-end encryption concepts for data lines, databases and servers.

There are EU standard contracts (standard data protection clauses) in place with Microsoft in the event of access by Microsoft from outside the European Union in individual cases authorised by us. We have implemented additional measures as described above in the form of state-of-the-art technical and organisational measures, such as access authorisation and encryption concepts for data lines, databases and servers, to guarantee an appropriate level of data protection when transferring personal data to a third country, such as the USA, in this specific case.

Microsoft reserves the right to process customer data for its own legitimate business purposes. We have no influence on this data processing by Microsoft. To the extent Microsoft Teams processes personal data in connection with legitimate business purposes, Microsoft is an independent controller for these data processing activities and as such is responsible for compliance with all applicable data protection regulations. Please refer to the relevant Microsoft policy if you require information about processing by Microsoft.

For the technical execution of the automated telephone initial interview, we employ a specialized data processor:

FutureChamps GmbH
Schenkenstraße 4, 6th Floor
Vienna 1010

The data processing is carried out exclusively on our behalf and under strict confidentiality obligations. The data processor is contractually obligated to process the data solely for the purpose for which it was transmitted to them and not to use it for their own purposes. No transfer of data to unauthorized third parties will take place.

Application via WhatsApp (PitchYou)

If you use our application-via-WhatsApp feature, the legal basis for the communication is your consent, which can be revoked at any time (Art. 6 para. 1 a GDPR). The application-via-WhatsApp feature is provided to us by the IT service provider PitchYou from SBB Software und Beratung GmbH in Germany, Naila (Bahnhofstrasse 7, 95119 Naila, Germany), which can access your data for this purpose as a data processor. A data processing contract has been concluded with PitchYou in accordance with Art. 28 GDPR.

PitchYou provides multi-stage deletion to protect the rights of data subjects. Nevertheless, we would like to point out that we have no influence on data processing by WhatsApp. Data processing is subject to WhatsApp’s privacy policy, which you must agree to in advance. We would hereby like to point out that the information you provide will be stored and processed in the USA. We would also like to point out that data processing by WhatsApp is associated with security risks. The USA is currently regarded as a country with an inadequate level of data protection by EU standards. In particular, there is a risk that your data may be processed by US authorities for control and monitoring purposes without you being informed about this data processing and without you having the option of a legal remedy against this data processing by the US authorities.

The legal basis for processing is the voluntary consent given to us within the meaning of Art. 6 para. 1 sentence 1 lit. a GDPR in conjunction with § 26 BDSG for conducting the application process.

You may revoke the consent expressly given above at any time with effect for the future by sending us a message via WhatsApp. The legality of any processing that takes place before you revoke your consent will not be affected.

Information on WhatsApp’s privacy policy: https://www.whatsapp.com/legal?eea=0#privacy-policy

Further information on PitchYou’s privacy policy can be found at:https://www.pitchyou.de/datenschutz as well as
https://www.pitchyou.de/pitchyou-dsgvo

Information on consenting to the use of WhatsApp can be found at: https://www.pitchyou.de/datenschutz-whatsapp

Sinch AB

We use a tool from Sinch AB to communicate with you via a messenger service (WhatsApp). Communication only takes place if the person applying to us sends a corresponding start message and is voluntary. By sending a start message, you agree to the validity of our data protection regulations. In particular, you consent to your personal data (surname and first name, telephone number, messenger ID, IP address, profile picture and message history) being stored, processed and used to send messages to you as part of the use of the respective messenger service (WhatsApp).

We use Sinch AB, Lindhagensgatan 74, 11218 Stockholm, Sweden as a technical service provider and processor to provide this communication service. Further information can be found in the respective privacy policies of the messenger service (WhatsApp, www.whatsapp.com/legal/privacy-policy-eea) and Sinch AB (https://www.sinch.com/privacy-notice/).

The legal basis for the processing is the voluntary consent given within the meaning of Art. 6 para. 1 sentence 1 lit. a GDPR in conjunction with. § 26 BDSG for the execution of the application process. Communication and document exchange via WhatsApp is always voluntary and is only one possible option. It is always possible to communicate via other communication channels (e.g. email). Consent can be revoked at any time with effect for the future directly via the respective WhatsApp chat.

Information on data protection when using Sinch AB and WhatsApp can be found at https://www.whatsapp.com/legal/privacy-policy-eea and https://www.sinch.com/de-de/products/apis/messaging/whatsapp/

You can find Sinch AB's privacy policy at https://www.sinch.com/privacy-notice/

3. Data protection for temporary employees

This section of the privacy policy applies to temporary employees.

Temporary employees include persons who are hired by Trenkwalder for the purpose of temporary work for a customer. If you are a temporary employee, we will also process your personal data as an applicant during the application process and thereafter in accordance with the provisions of this privacy policy.

3.1 Which data categories do we use and where do they come from?

If we hire and employ you directly as a temporary employee, we will collect some or all of the information below (in addition to the data collected about candidates), depending on the relevant circumstances and applicable legal requirements. This is to ensure that our temporary employment relationship runs smoothly and that we are able to fulfil our contractual and other obligations to each other and to our customers under our temporary employment relationship and our obligations to third parties such as tax authorities and government agencies.

Information on temporary employees:

Important identification and contact information

Your master data (such as first name, surname, titles)
Contact data (e.g. your private address, email address, (mobile) telephone number)
This may also include special categories of personal data, such as health data, if you include this information in your CV
Language skills and other job-related skills
Social security number, national identification number or other identification number issued by the authorities
Date of birth
Gender
Marital status
Nationality, place of birth and work permit status
Information about services
Tax information
Photograph
Emergency contacts/family information and details of dependants
A copy of your driving licence and/or passport/ID card
Details of all days of leave you take or apply for during our temporary employment relationship
Details of trips undertaken

Financial information

Bank details;
Financial details;
Social security number and other tax information;

Information on education and occupation

Information from references and
information in your CV or application, information you provide about your professional interests and other information about your qualifications
Details of training;
Professional experience;
Current job title/specialisation/division;
Skills and language skills;
Details of contact persons for a reference;
Immigration status (whether you need a work permit);
Start date or availability date;
Information about your previous and current remuneration, pensions and benefits;
Details of hours worked (after you have started a job);

Information about your interests and claims for future employment, which is both collected and derived directly from, for example, job offers or articles that you read or click on our website or via links in emails received from us, and where required by law or with express consent:

Special categories of personal data

Disabilities and health-related information - physical or mental health, including information related to disabilities that allows us to make appropriate adjustments, and health-related information related to specific entities where we are required to take or offer occupational health and safety measures to you;
Results of drug tests, criminal checks and other background checks. The following data may also be collected and processed:
User name and password if you register on our websites
Information that you provide us with about friends or other persons together with the request that we contact them (the data controller shall assume that the other person has previously given their consent for this communication)
Other information that you provide us with, e.g. in surveys or via the “contact” feature on our pages.
Details of racial or ethnic origin, sexual orientation, religious or similar beliefs and physical or mental health, including information on disability, for the purposes of diversity monitoring;

Information about criminal convictions

Details of possible criminal convictions if relevant to a job you are applying for;

Automatically collected information

IP address;
User behaviour (e.g. marketing preferences);
User reports;
Log and troubleshooting information;
Device information when you install, access or use our services;
Website browsing data of the pages visited, e.g. the Trenkwalder website or customer websites;
Email history with Trenkwalder;
Location information (derived from jobs, IP address, application history or system memory data);
Additional information provided to us by your contact person for a reference of your own accord;
Additional information that our customers provide us about you or that we receive from other third parties, such as job markets (where you have uploaded information or are otherwise made available to us);
Information about your interests and needs in terms of future employment that is obtained both directly and indirectly, for example through job advertisements, by reading articles on our website or upon clicking on emails sent by us;
Additional information that you provide to us on your own initiative;
Any other information you may provide to us, including, for example, information about your childcare or care situation (for example, if you consent to a deduction of childcare vouchers from your salary or if you voluntarily provide this information) and if you provide this information to us by email or otherwise.

Please note that the above list of categories of personal information we collect is not exhaustive.

Some of the information listed above is required to fulfil our contractual obligations to you or other parties. Some information, such as your social security number (or equivalent), is required by law or other legislation. Other details are only needed to ensure a smooth temporary employment relationship.

Depending on the nature of the personal data and the reasons for its processing by us, we may not be able to meet our contractual obligations or, in extreme cases, may not continue to maintain the temporary employment relationship if you refuse to provide this data to us.

How is your personal information collected?

If we employ or hire you directly as a temporary employee, we collect your data (in addition to the data already collected about candidates) in the following manner:

Personal data that you provide to us; and
Personal data that we receive from other sources.

Below are some more details about each of these methods.

Personal data that you provide to us

Trenkwalder requires certain information about you to meet our obligations to you, to ensure that you are properly fulfilling your obligations to us, and to ensure that we both meet our obligations to other parties. This information allows us to maintain a normal temporary employment relationship, with everything that goes with it.

In addition to the information you provide as a candidate, you may provide us with your information in several ways. Where applicable and in accordance with local laws and requirements, this may include:

If you fill out the registration forms at the beginning of our temporary employment relationship; or
During meetings or communications with your Trenkwalder consultant, our HR team or other colleagues.

The types of information we receive from you in this way include:

Information about temporary employees; and
Special categories of personal data

as described in the section above, “Which data categories do we use and where do they come from?”

Personal data that we receive from other sources

We also receive personal information about you from other sources. Depending on the circumstances and applicable local laws and regulations, this may be personal information that we receive in the following situations:

If you have been referred to us by an RPO or MSP provider, they may provide us with personal information about you;
Information about you from third parties who have conducted background checks on you on our behalf at the beginning of our temporary employment relationship;
Your colleagues may share personal information about you with us;
Your pension providers may share relevant personal information about you with us; and
other third parties, such as your local tax authority, may share your personal information with us.

The types of information we receive from you in this way include:

Information about temporary employees; and
Special categories of personal data

as described in the section above, “Which data categories do we use and where do they come from?”

How is your personal information used?

If we hire or employ you directly as a temporary employee, we will use your information for the following purposes:

To ensure the smooth running of our temporary employment relationship, including all activities that must be performed in a normal relationship of this kind, such as:
- to facilitate wage and settlement processes where relevant to your country;
- define the terms and conditions under which you work during your temporary employment relationship;
- to document promotions, salary increases or bonuses granted to you; and
to assess your performance.

More detailed information about how your data is processed can be found in the internal privacy policy for applicants at Trenkwalder. For example, during the onboarding process with Trenkwalder, temporary employees for positions at Trenkwalder are treated similarly to internal applicants and their personal data during the recruitment process for those positions is processed in the same way as described in the Trenkwalder applicant privacy policy, as we use the data in a similar manner and for the same purposes.

The question as to whether and to what extent the privacy policy applies to applicants for you as a temporary employee depends on local legal requirements.

Processing of your data during the temporary employment relationship

In most cases, we will use your personal information for the following purposes when we need it to meet our obligations under a contract we have entered into with you or when we consider it necessary for our legitimate interests.
Article 6 para. 1 lit. b of the GDPR states that we may process your data “if this is necessary for the performance of a contract to which the data subject is a party or for the implementation of pre-contractual measures taken at the request of the data subject”.
Article 6 para. 1 lit. f of the GDPR states that we may process your data if this is “necessary to safeguard the legitimate interests of [us] or a third party, unless [your] interests or fundamental rights and freedoms that require the protection of personal data prevail.”
We do not believe that any of the activities in respect of which we base ourselves on legitimate interests will in any way affect temporary employees. Rather, they help us provide you with a tailored and more efficient service. However, you have the right to object to the processing of your personal data by us on this basis.

If we process your data for recruitment measures on the basis of your consent, you have the right to revoke your consent at any time without affecting the lawfulness of the processing based on this consent before the consent is revoked.

3.2 Legal basis and purpose of data processing

We process, collect and store personal data especially for the following purposes:
a. to conclude and properly process an employment contract with you;
b. to provide you with additional services, such as training and further education measures, professional advice and support in professional reorientation;
c. to carry out data analyses such as (i) analysis of our database of employees; (ii) assessment of individual performance and skills, including assessment of work-related skills;

e. to provide you with information about potentially available positions;
h. to operate, assess and improve our business (including developing, improving, analysing and improving our services; managing our communications; performing data analytics; performing accounting, auditing and other internal functions);
j. to comply with and enforce applicable legal requirements, relevant industry standards, contractual obligations and our policies.

We process your personal data in compliance with the provisions of the EU General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG - new) and all other relevant legislation (e.g. Works Constitution Act - BetrVG, Working Hours Act - ArbZG, etc.).

The collection and processing of data is primarily used to process the employment contract. The primary legal basis for this is Art. 6 para. 1 b) GDPR in connection with § 26 para. 1 BDSG - new.

If necessary, we also process your data on the basis of Art. 6 para. 1 sentence 1 lit. f GDPR to protect our legitimate interests or those of third parties (e.g. authorities). This applies in particular to the investigation of criminal offenses (legal basis § 26 para. 1 sentence 2 BDSG) or in the corporate group for purposes of group management, internal communication and other administrative purposes (what is known as “small group privilege”.
Furthermore, in individual cases we are obliged under the European anti-terrorism regulations 2580/2001 and 881/2002 to check your data against “EU terror lists” to ensure that no funds or other economic resources are made available for terrorist purposes.
If we wish to process your personal data for a purpose not mentioned above, we shall inform you in advance.

You can revoke this consent at any time without giving reasons in writing by sending an email to info@trenkwalder.com.

Please note that we will no longer be able to consider your application once your consent has been revoked.

3.3 Data access

We will only share personal data that we have collected about you in accordance with this privacy policy and generally applicable data protection requirements.

We will share your information on an individual basis: (i) with subsidiaries and affiliates; (ii) if you are a temporary employee, with customers who have vacancies or projects or who are interested in appointing our temporary employees; and (iii) with other persons, such as recruitment consultants and subcontractors, with whom we work to find you a job or project.

3.4 Rights of data subjects

As a data subject, you can assert the following rights in accordance with Art. 15 – Art. 22 GDPR:

3.5 Storage of your data

We process and store your personal data as long as this is necessary for the fulfilment of our contractual and legal obligations. The following also applies to the storage of employee data: If we or a customer conclude an employment contract with a temporary employee, the transmitted data shall be stored for the purpose of processing the employment relationship in compliance with the statutory provisions.

If we employ or hire you directly as a temporary employee, we will normally process your data during the course of your temporary employment relationship and will retain it for a period of time after leaving. The exact duration depends on the nature of the data, our legitimate business requirements and other legal or regulatory requirements that may require it to be retained for certain minimum periods. For example, we may be required to retain certain data for tax accounting purposes or to respond to tax requests. We can also keep them if this could be relevant to potential litigation. In jurisdictions that allow this, we will generally store personal information about you if necessary to provide you or a future employer with a reference.

3.6 Data transfer

3.7 Automated decision-making

Automated decision-making, including profiling, does not take place.

4. Changes and updates to this privacy policy

We request that you regularly inform yourself of the content of our privacy policy. We adjust the privacy policy as soon as the changes to the data processing we carry out require it. We shall notify you as soon as the changes require your participation (e.g. consent) or other individual notification is required.

VERSION: 01/07/2025

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Privacy policy I. For the use of our website II. For applicants and temporary employees III. For interested parties and customers IV. Beware of job scamming