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Data protection information for employees, temporary workers, and freelancers

The following information is intended to provide you with an overview of how we process your personal data and your rights under data protection law. Which specific data is processed and how it is used depends largely on the contract concluded with you. Therefore, not all parts of this information will apply to you.

Who is responsible for data processing and who can I contact?

The responsible party is

SOMI Experts GmbH
Kennedyallee 93
60596 Frankfurt

You can reach our data protection officer at

SOMI Experts GmbH
Kennedyallee 93
60596 Frankfurt

as well as by email at datenschutz@somi.de and by telephone at +49 69 / 47 89 18 90-0.

What sources and data do we use?

We process personal data that we receive or obtain from our employees or other similarly affected persons (e.g., applicants, trainees, interns, former employees) as well as from freelancers within the scope of the employment relationship. In addition, we process personal data that we obtain from publicly accessible sources (e.g., press, Internet) in a permissible manner or that is legitimately transmitted to us by third parties (e.g., information about criminal offenses) to the extent necessary for the employment relationship or another contractual relationship.

Relevant personal data includes

  • Name, address, and other contact details
  • Date and place of birth and nationality
  • Family data (e.g., marital status, information about your children) (only if you have concluded an employment contract with us)
  • Religious affiliation (only if you have concluded an employment contract with us)
  • Health data (if relevant to the employment relationship, e.g., in the case of a severe disability), any previous convictions (police clearance certificate) (only if you have concluded an employment contract with us)
  • Legitimation data (e.g., ID card data) (only if you have concluded an employment contract with us)
  • Tax identification number
  • Information on qualifications and previous employers, as well as certificates and resumes
  • Order data (e.g., application for a home office)
  • Data from the fulfillment of our contractual obligations (e.g., salary payments) (only if you have concluded an employment contract with us)
  • Information about your financial situation (e.g., credit liabilities, wage garnishments) and other data comparable to the categories mentioned. (only if you have concluded an employment contract with us)

Why do we process your data (purpose of processing) and on what legal basis?

We process personal data in accordance with the provisions of the EU General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).

a) If you are an employee within the meaning of Section 26 (8) BDSG: For the purposes of the employment relationship (Art. 88 GDPR in conjunction with Section 26 (1) sentence 1 BDSG)

For employees within the meaning of Section 26 ( 8 Federal Data Protection Act, data is processed for the purpose of deciding on the establishment of an employment relationship or, after the establishment of the employment relationship, for its implementation or termination or for the exercise or fulfillment of the rights and obligations of the employee representation arising from a law or a collective agreement, a works agreement or a service agreement (collective agreement). The performance of the employment includes everything that serves the purpose of the employment relationship. If you are employed as a temporary worker, the purposes of the employment relationship also include the exchange of data with the temporary employment agency.

b) To fulfill contractual obligations (Art. 6 para. 1 b GDPR)

Unless covered by Art. 88 GDPR in conjunction with Section 26 (1) sentence 1 BDSG, data is processed for the performance of a contract to which you are a party or for the implementation of pre-contractual measures taken at your request (Art. 6 (1) b GDPR). If you make use of additional services (e.g., childcare), your data will be processed to the extent necessary to provide these additional services.

c) Within the scope of the balancing of interests (Art. 6 para. 1 f GDPR)

Where necessary, we process your data beyond the actual execution or fulfillment of the contract to protect our legitimate interests or those of third parties. Examples of this are:

  • Measures for personnel development planning,
  • Measures in the event of organizational changes,
  • Assertion of legal claims and defense in legal disputes,
  • Ensuring IT security and IT operations of the company,
  • Prevention and investigation of criminal offenses or serious breaches of duty,
  • Measures for building and facility security (e.g., access controls),
  • Measures to ensure house rules (the right of a landlord to control the use of their property) are observed.

d) Based on your consent (Art. 6 para. 1 a and, if applicable, Art. 9 para. 2 a GDPR)

If you have given us your consent to process personal data for specific purposes (e.g., extended storage of application documents, employee sports, photographs taken at events, newsletter distribution), the lawfulness of this processing is based on your consent. Consent that has been given can be revoked at any time. This also applies to the revocation of declarations of consent that were given to us before the GDPR came into force, i.e. before May 25, 2018. The revocation of consent only takes effect for the future and does not affect the legality of the data processed until the revocation.

e) Due to legal or regulatory requirements (Art. 6 para. 1 c GDPR) or in the public interest (Art. 6 para. 1 e GDPR)

In addition, as a company, we are subject to various legal obligations, i.e. legal requirements (e.g. social security law, occupational safety, money laundering law, AÜG). The purposes of processing include, among other things, identity verification, fraud and money laundering prevention, the fulfillment of social security and tax control, reporting, and documentation obligations, as well as the management of risks within the company.

f) If you are an employee within the meaning of Section 26 (8) BDSG: Processing of special categories of personal data for the exercise of rights or for the fulfillment of legal obligations (Art. 9 para. 2 lit. b GDPR in conjunction with § 26 para. 3 BDSG in conjunction with the legal bases mentioned in the other letters)

If you are an employee within the meaning of § 26 para. 8 German Federal Data Protection Act, we process special categories of personal data for the purposes of the employment relationship if this is necessary for the exercise of rights or the fulfillment of legal obligations arising from labor law, social security law, and social protection law, and there is no reason to assume that the legitimate interests of the data subject in excluding the processing outweigh these interests.

Special categories of personal data include data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, as well as genetic data, biometric data for the unique identification of a natural person, health data, or data concerning a natural person's sex life or sexual orientation.

g) If you are an employee within the meaning of Section 26 (8) BDSG: For the detection of criminal offenses under the conditions of Art. 88 GDPR in conjunction with Section 26 (1) sentence 2 BDSG

If you are an employee within the meaning of Section 26 ( 8 BDSG and there are factual indications giving rise to suspicion that you have committed a criminal offense in the course of your employment, processing is necessary for the detection of such offenses, and your legitimate interest in excluding processing does not outweigh the legitimate interests of the controller, in particular the nature and extent of the processing in relation to the reason for processing, we may process your data for the purpose of detecting criminal offenses.

Who receives my data?Within the company, those departments that require your data to fulfill our contractual and legal obligations, such as supervisors, the human resources department, the works council, or the representative for disabled employees, will have access to your data. Service providers and vicarious agents employed by us may also receive data for these purposes.

These are companies in the categories of payroll accounting, insurance, training providers, IT services, logistics, printing services, and telecommunications.

With regard to the transfer of data to recipients outside our company, it should first be noted that, as an employer, we only pass on personal data that is necessary in compliance with the applicable data protection regulations. As a matter of principle, we may only pass on information about our employees if this is required by law, if the employee has given their consent or if we are otherwise authorized to do so. Under these conditions, recipients of personal data may include, for example:

  • Social security institutions (only if you have concluded an employment contract with us),
  • Health insurance companies (only if you have concluded an employment contract with us)
  • Pension funds (only if you have concluded an employment contract with us)
  • Tax authorities (only if you have concluded an employment contract with us)
  • Occupational associations (only if you have concluded an employment contract with us)
  • Credit and financial services institutions or comparable institutions to which we transfer personal data for the purpose of fulfilling the contractual relationship (e.g., for salary payments),
  • Tax auditors,
  • Service providers that we engage within the scope of order processing relationships,
  • if you are employed as a temporary worker or work as a freelancer for our customers, the hirer or our customer will also receive data from you,
  • if you are employed as a temporary worker or work as a freelancer for us, we will transfer your application documents to new hirers or customers after consulting with you in order to find new opportunities for you.

Other recipients of data may be those entities to whom you have given your consent for data transfer or to whom we are permitted to transfer personal data on the basis of a balancing of interests.

Is data transferred to a third country or to an international organization?

No.

How long will my data be stored?

We process and store your personal data for as long as this is necessary to fulfill our contractual and legal obligations. It should be noted that the contract of employment (a continuing obligation that is designed to last for a longer period of time) and other contractual relationships are continuing obligations that are designed to last for a longer period of time.

If the data is no longer required for the fulfillment of contractual or legal obligations, it will be deleted regularly, unless its further processing is necessary for the following purposes:

  • Fulfillment of statutory retention obligations, which may arise, for example, from locally applicable social security law, commercial law, tax law, German Banking Act, money laundering law, and securities trading law. Business records and documentation are retained in accordance with the periods specified therein.
  • Preservation of evidence within the scope of the locally applicable statutory limitation periods.

If data processing is carried out in the legitimate interest of us or a third party, the personal data will be deleted as soon as this interest no longer exists. The exceptions mentioned above apply here.

The same applies to data processing based on consent that has been given. As soon as this consent is revoked by you for the future, the personal data will be deleted, unless one of the exceptions mentioned above applies.

What data protection rights do I have?

Every data subject has the right to information under Article 15 of the GDPR, the right to rectification under Article 16 of the GDPR, the right to erasure under Article 17 of the GDPR, the right to restriction of processing under Article 18 of the GDPR, the right to object under Article 21 GDPR, and the right to data portability under Article 20 GDPR. Furthermore, the applicable provisions of the local accompanying law apply. In addition, you have the right to lodge a complaint with a competent data protection supervisory authority (Article 77 GDPR). The restrictions of Sections 34 and 35 BDSG apply to the right to information and the right to erasure.

You may withdraw your consent to the processing of your personal data at any time with future effect. This also applies to the revocation of declarations of consent that were given to us before the GDPR came into force, i.e. before May 25, 2018. Please note that the revocation only takes effect for the future. Processing that took place before the revocation is not affected.

Am I obliged to provide data?

Within the scope of the employment relationship or other contractual relationship, you must provide the personal data that is necessary for the establishment, execution, and termination of the employment relationship or other contractual relationship and for the fulfillment of the associated contractual obligations, or that we are required to collect by law or on the basis of a collective agreement. Without this data, we will generally not be able to conclude, execute, or terminate a contract with you.

In some cases, you may suffer disadvantages if you do not provide certain personal data, e.g., lack of assistive equipment for people with disabilities.

If you do not provide us with the necessary information and documents, this may prevent the establishment and performance of the employment relationship or other contractual relationship.

To what extent is there automated decision-making?

We do not use fully automated decision-making in accordance with Article 22 of the GDPR for the establishment, execution, and termination of the employment relationship or other contractual relationship. If we use these procedures in individual cases, we will inform you separately about this and your rights in this regard, provided that this is required by law.

Does profiling take place?

We process your data partially automatically with the aim of evaluating certain personal aspects (profiling). We use profiling in the following case, for example:

  • Due to legal requirements, we are obliged to combat money laundering, terrorist financing, and crimes that endanger assets. This also involves data analysis.

Information about your right to object under Article 21 of the GDPR

Right to object in individual cases

You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you based on Article 6(1)(e) GDPR (data processing in the public interest) and Article 6(1)(f) GDPR (data processing based on a balancing of interests); this also applies to profiling based on this provision within the meaning of Article 4(4) GDPR.

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms. This includes, in particular, if the processing is necessary for the assertion, exercise, or defense of legal claims.

Recipients of an objection

The objection can be made informally with the subject line “Objection” stating your name, address, and date of birth and should be addressed to:

SOMI Experts GmbH
Kennedyallee 93
60596 Frankfurt

+49 69 / 47 89 18 90-0
datenschutz@somi.de