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Privacy policy

Translation of the German privacy policy. In the event of any discrepancy, the German version prevails.

1. Data protection at a glance

General information

The following information gives a simple overview of what happens to your personal data when you visit this website. Personal data is any data that can be used to identify you personally. Detailed information on data protection can be found in the privacy policy below.

Data collection on this website

Who is responsible for data collection on this website?

Data processing on this website is carried out by the website operator. You will find the operator's contact details in the section "Controller" of this privacy policy.

How do we collect your data?

Some of your data is collected because you provide it to us, for example when you send us an email or call us.

Other data is recorded automatically by our hosting provider's IT systems when you visit the website. This is mainly technical data (for example browser, operating system or time of access). This data is recorded automatically as soon as you visit this website.

What do we use your data for?

The technical data is collected to ensure that the website is delivered without errors. We use the data you send us by email or phone to handle your enquiry. We do not analyse your browsing behaviour.

What rights do you have regarding your data?

You have the right at any time to receive information free of charge about the origin, recipients and purpose of your stored personal data. You also have the right to request that this data be corrected or deleted. If you have given consent to data processing, you can withdraw this consent at any time with effect for the future. You also have the right, under certain circumstances, to request the restriction of the processing of your personal data. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

You can contact us at any time about this or any other questions on data protection.

No cookies, no analytics

This website does not set cookies, does not use any analytics or tracking tools and does not embed any third-party content. Fonts are loaded from our own server, without any connection to third-party servers.

2. Hosting

We host the content of our website with the following provider:

IONOS

The provider is IONOS SE, Elgendorfer Str. 57, 56410 Montabaur, Germany (hereinafter IONOS). When you visit our website, IONOS records various log files including your IP address. For details, please see the IONOS privacy policy: https://www.ionos.de/terms-gtc/terms-privacy.

IONOS is used on the basis of Art. 6 (1) (f) GDPR. We have a legitimate interest in presenting our website as reliably as possible.

Data processing agreement

We have concluded a data processing agreement for the use of the above service. This is a contract required under data protection law which ensures that the provider processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.

3. General and mandatory information

Data protection

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.

When you use this website, various personal data is collected. Personal data is data that can be used to identify you personally. This privacy policy explains what data we collect, what we use it for, and how and for what purpose this happens.

Please note that data transmission over the internet (for example when communicating by email) may have security gaps. Complete protection of data against access by third parties is not possible.

Controller

The controller responsible for data processing on this website is:

Kintscher GbR
Managing partners: Miguel Kintscher and Cara Kintscher
Marstall am See
Mühlgasse 7
82335 Berg am Starnberger See
Germany

Phone: +49 (0) 173 38 60 401
Email: mk@kintschersearch.com

The controller is the natural or legal person who, alone or jointly with others, decides on the purposes and means of processing personal data (for example names or email addresses).

Storage period

Unless a more specific storage period is stated in this privacy policy, your personal data will remain with us until the purpose for processing no longer applies. If you make a justified request for deletion or withdraw your consent, your data will be deleted unless we have other legally permissible reasons for storing it (for example retention periods under tax or commercial law); in the latter case, deletion takes place once these reasons cease to apply.

Legal bases for data processing on this website

If you have given consent, we process your personal data on the basis of Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR where special categories of data under Art. 9 (1) GDPR are processed. If your data is required for the performance of a contract or for pre-contractual measures, we process it on the basis of Art. 6 (1) (b) GDPR. We also process your data where this is necessary to comply with a legal obligation, on the basis of Art. 6 (1) (c) GDPR. Processing may also be based on our legitimate interest under Art. 6 (1) (f) GDPR. The relevant legal basis in each individual case is set out in the following sections of this privacy policy.

Recipients of personal data

In the course of our business we work with various external parties, which sometimes requires the transfer of personal data. We only pass on personal data to external parties where this is necessary for the performance of a contract, where we are legally obliged to do so (for example to tax authorities), where we have a legitimate interest under Art. 6 (1) (f) GDPR, or where another legal basis permits the transfer. When using processors, we only pass on personal data on the basis of a valid data processing agreement.

Withdrawal of your consent to data processing

Many data processing operations are only possible with your express consent. You can withdraw consent you have already given at any time. The lawfulness of the processing carried out until the withdrawal remains unaffected.

Right to object to data collection in special cases and to direct marketing (Art. 21 GDPR)

WHERE DATA PROCESSING IS BASED ON ART. 6 (1) (E) OR (F) GDPR, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE LEGAL BASIS ON WHICH PROCESSING IS BASED IS SET OUT IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA CONCERNED UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS, OR THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE OR DEFENCE OF LEGAL CLAIMS (OBJECTION UNDER ART. 21 (1) GDPR).

IF YOUR PERSONAL DATA IS PROCESSED FOR DIRECT MARKETING, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR SUCH MARKETING; THIS ALSO APPLIES TO PROFILING INSOFAR AS IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL NO LONGER BE USED FOR DIRECT MARKETING (OBJECTION UNDER ART. 21 (2) GDPR).

Right to lodge a complaint with the competent supervisory authority

In the event of breaches of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the member state of their habitual residence, their place of work or the place of the alleged breach. This right exists without prejudice to any other administrative or judicial remedies.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in performance of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only take place where technically feasible.

Information, correction and deletion

Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, its origin and recipients and the purpose of the processing and, where applicable, a right to correction or deletion of this data. You can contact us at any time about this or any other questions on personal data.

Right to restriction of processing

You have the right to request the restriction of the processing of your personal data. You can contact us about this at any time. The right to restriction of processing applies in the following cases:

  • If you dispute the accuracy of the personal data we hold about you, we usually need time to verify this. For the duration of the review, you have the right to request the restriction of processing.
  • If the processing of your personal data was or is unlawful, you can request the restriction of processing instead of deletion.
  • If we no longer need your personal data but you need it to exercise, defend or assert legal claims, you have the right to request the restriction of processing instead of deletion.
  • If you have lodged an objection under Art. 21 (1) GDPR, your interests and ours must be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to request the restriction of processing.

If you have restricted the processing of your personal data, this data may, apart from being stored, only be processed with your consent, for the establishment, exercise or defence of legal claims, for the protection of the rights of another natural or legal person, or for reasons of important public interest of the European Union or a member state.

SSL or TLS encryption

For security reasons and to protect the transmission of confidential content, this site uses SSL or TLS encryption. You can recognise an encrypted connection by the browser's address bar changing from "http://" to "https://" and by the padlock symbol.

When SSL or TLS encryption is active, the data you send to us cannot be read by third parties.

Objection to promotional emails

We hereby object to the use of contact details published as part of our legal notice obligation for sending unsolicited advertising and information material. The operators of this site expressly reserve the right to take legal action in the event of unsolicited advertising, such as spam emails.

4. Data collection on this website

Server log files

The provider of the pages automatically collects and stores information in so-called server log files, which your browser transmits to us automatically. These are:

  • browser type and version
  • operating system used
  • referrer URL
  • host name of the accessing computer
  • time of the server request
  • IP address

This data is not combined with other data sources.

This data is collected on the basis of Art. 6 (1) (f) GDPR. The website operator has a legitimate interest in the technically error-free presentation and security of its website; server log files must be recorded for this purpose.

Enquiries by email or phone

If you contact us by email or phone, we store and process your enquiry, including all personal data arising from it (name, enquiry), for the purpose of handling your request. We do not pass on this data without your consent.

This data is processed on the basis of Art. 6 (1) (b) GDPR if your enquiry relates to the performance of a contract or is necessary for pre-contractual measures. In all other cases, processing is based on our legitimate interest in the effective handling of enquiries addressed to us (Art. 6 (1) (f) GDPR) or on your consent (Art. 6 (1) (a) GDPR) if this has been requested; consent can be withdrawn at any time.

The data you send us remains with us until you ask us to delete it, withdraw your consent to its storage, or the purpose for storing it no longer applies (for example once your enquiry has been dealt with). Mandatory statutory provisions, in particular statutory retention periods, remain unaffected.

Email communication via Google Workspace

We use Google Workspace to receive, send and store emails. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. If you send us an email, your message and the data it contains are stored on Google servers. A transfer of data to the USA cannot be ruled out.

Google Workspace is used on the basis of Art. 6 (1) (f) GDPR. We have a legitimate interest in reliable and secure email communication. We have concluded a data processing agreement with Google.

The company is certified under the "EU-US Data Privacy Framework" (DPF). The DPF is an agreement between the European Union and the USA intended to ensure compliance with European data protection standards for data processing in the USA. Further information is available from the provider at: https://www.dataprivacyframework.gov/s/participant-search/participant-detail?contact=true&id=a2zt000000001L5AAI&status=Active

Further information can be found in Google's privacy policy: https://policies.google.com/privacy?hl=en-GB.

5. Social and professional networks

LinkedIn

The provider is LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland.

On this website we link to our LinkedIn profile. This is a simple link, not an embedded plugin. No data is therefore transferred to LinkedIn when you visit our website. Only when you click the link will you be taken to the LinkedIn website.

We also use LinkedIn to get in touch with clients and candidates and to approach candidates directly as part of our search mandates. The section "Candidate data" explains which data we process in doing so.

Data transfers to the USA are based on the European Commission's standard contractual clauses. Details can be found here: https://www.linkedin.com/help/linkedin/answer/62538. Further information can be found in LinkedIn's privacy policy: https://www.linkedin.com/legal/privacy-policy.

XING

The provider is New Work SE, Am Strandkai 1, 20457 Hamburg, Germany.

We use the XING network to get in touch with clients and candidates and to approach candidates directly as part of our search mandates. No XING elements are embedded on this website. The section "Candidate data" explains which data we process when approaching candidates directly.

Further information can be found in XING's privacy policy: https://privacy.xing.com/en/privacy-policy.

6. Job advertisements

JOIN Solutions

We use the JOIN platform to publish job advertisements and manage incoming applications. The provider is JOIN Solutions GmbH, Schönhauser Allee 36, 10435 Berlin, Germany. JOIN is currently not embedded on this website.

If you apply for a job advertisement we have published on JOIN, your details and application documents are stored on JOIN's servers and processed by us to carry out the selection process. Processing is based on Art. 6 (1) (b) GDPR (pre-contractual measures) and on our legitimate interest in an efficient application process that complies with data protection law (Art. 6 (1) (f) GDPR). We have concluded a data processing agreement with JOIN.

Further information can be found in JOIN's privacy policy: https://join.com/privacy-policy.

7. Candidate data

As an executive search consultancy, we process personal data of candidates in order to identify, approach, select and present them for positions with our clients. This applies when you apply to us (for example by email, via JOIN or by post) and equally when we contact you as part of a direct approach. Below we inform you about the scope, purpose and legal bases of this processing. We treat your data in the strictest confidence.

Source of data in a direct approach

If we approach you directly, we have not collected your data from you. In that case it comes from publicly accessible sources, in particular professional networks such as LinkedIn and XING, company websites and specialist publications, as well as recommendations from our network. We refer you to this privacy information no later than at our first contact (Art. 14 GDPR).

What data we process

  • name and contact and communication details
  • details of your current position, career history, qualifications and languages
  • application documents such as CV and references
  • salary and move expectations, availability and mobility
  • notes from conversations and, with your consent, results of aptitude diagnostics and assessments

Purposes and legal bases

Identification, the first approach and the assessment of whether you are a fit for a position are based on our legitimate interest and the legitimate interest of our clients in filling their positions with suitable people (Art. 6 (1) (f) GDPR). As soon as you express interest in a position or apply to us, we process your data to carry out pre-contractual measures (Art. 6 (1) (b) GDPR) and, where you have consented, on the basis of your consent (Art. 6 (1) (a) GDPR). We only carry out aptitude diagnostics and assessments with your consent. Consent can be withdrawn at any time.

If you apply for a position at Kintscher Search itself, we process your data to the extent necessary to decide on entering into an employment relationship, on the basis of Art. 6 (1) (b) GDPR in conjunction with § 26 of the German Federal Data Protection Act (BDSG).

Disclosure to clients

We only pass on your profile and documents with your prior consent and only to the client whose position you are being considered for. Within our company, only the people involved in the respective selection process have access.

Storage period

If a placement does not come about, you decline an offer or you withdraw your interest, we keep your data on the basis of our legitimate interest (Art. 6 (1) (f) GDPR) for up to 6 months after the respective selection process has ended, in particular for evidential purposes. The data is then deleted. Longer storage only takes place if you have consented, if statutory retention obligations apply, or if the data is required for impending or pending legal proceedings.

Inclusion in our talent pool

With your express consent (Art. 6 (1) (a) GDPR), we include you in our talent pool so that we can approach you again about suitable future positions. Consent is voluntary and can be withdrawn at any time. In that case we will delete your data from the talent pool unless statutory retention requirements apply. The data will be deleted no later than two years after consent was given, unless you renew it.

Your right to object to a direct approach

You can object at any time to the processing of your data as part of a direct approach (Art. 21 (1) GDPR), for example with a short email to mk@kintschersearch.com. We will then delete your data and only keep a note of your name so that we do not approach you again in future.

Source: partly created with e-recht24.de

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