Data protection for candidates and temporary workers
14.12.2023

This notice explains how ym works gmbh, ym bikes gmbh, and young mountain marketing gmbh process your personal data in connection with your application (with us or one of our clients) and/or your employment with us as an assigned worker. It also informs you of your rights in relation to your personal data and how you can contact us to exercise those rights.

To initiate the recruitment process and throughout your application, we will process the personal data listed in Annex 1 for the following purposes:

• Recruiting assigned workers;

• Proactively approaching potential assigned workers through various channels, including the company’s website, social media platforms, trade fairs, etc., for personnel acquisition;

• Conducting the application process;

• Transmitting data to potential hirers to enable them to fulfil their due diligence obligations in relation to the workers to be deployed;

• Conducting a skills assessment to match applicants with suitable companies; and

• Retaining personal data of potential assigned workers and applicants for possible placement at a later date.

Once you are employed by us for assignment to third parties, we will process the personal data listed in Annex 1 and Annex 2 for the following purposes:

• HR administration for assigned workers;

• Processing and transfer of personal data for payroll purposes and for compliance with record-keeping, information, and reporting obligations, insofar as required by law, collective agreements, or employment-contractual obligations;

• Administration of the assignment of workers and correspondence with hirers and authorities in connection with labour leasing;

• Transmitting data to potential hirers to enable them to fulfil their due diligence obligations in relation to the workers to be deployed;

• Compensation planning;

• Administration of remuneration and employee benefit programmes;

• Training purposes;

• Time management and attendance administration;

• Mobility management;

• Performance appraisal and performance management;

• Ensuring appropriate staffing and assessing whether employees are qualified to perform specific roles;

• Investment decisions;

• Forecasting and budgeting;

• Planning and management of employee skills; and

• Career and development planning and objective management.

We collect your personal data in the course of your application and/or employment with us either because you provide this data to us directly or from other sources as part of various operational processes and procedures, in particular from social networks and recruitment platforms.

Providing your personal data is voluntary. However, various recruitment and placement processes, as well as HR administration and internal and external communication processes, may be delayed or may even become impossible if you do not provide your personal data.

We process the personal data listed in Annex 1 and Annex 2 (i) on the basis of our overriding legitimate interest pursuant to Article 6(1)(f) of the General Data Protection Regulation (“GDPR”), namely to ensure an efficient application process and optimal staffing, and to organise our HR administration as well as internal and external communication efficiently; or (ii) on the basis of necessity for compliance with legal obligations to which we are subject (Article 6(1)(c) GDPR); and (iii) where special categories of personal data are concerned, on the basis of necessity for the exercise of our rights and the fulfilment of our obligations under social security and labour law (Article 9(2)(b) GDPR).

In certain cases, we may ask you to provide consent for the processing of some of your personal data in a separate procedure. In any event, we will transfer your personal data to our group companies only with your consent (Article 6(1)(a) GDPR).

To the extent necessary for the purposes set out above, we will transfer your personal data to the following recipients:

• IT service providers engaged by us;

• Companies within our corporate group, provided you have given your consent;

• Hirers and potential hirers;

• Clients for whom employees are being sought;

• The Federal Ministry of Labour, Social Affairs, Health and Consumer Protection; and the central coordination office of the Federal Ministry of Finance for combating illegal employment;

• Trade authorities;

• Creditors and other parties involved in any related legal enforcement, including in the case of voluntary wage assignments for due claims;

• Social insurance institutions (including company health insurance funds);

• The election committee for works council elections (if applicable);

• Labour inspectorates and other authorities responsible for employee protection;

• Bodies of employee representation within the company;

• Municipal authorities in matters of administrative policing;

• The apprenticeship office pursuant to Section 19 of the Vocational Training Act and vocational schools;

• The Public Employment Service (AMS);

• The Construction Workers’ Holiday and Severance Pay Fund (BUAK);

• The Federal Office for Social Affairs and Disability (Federal Social Office);

• The tax office;

• Insurance institutions within the scope of an existing group or individual insurance policy; and banks responsible for payments to you or to third parties;

• The trade union designated by you, with your consent; statutory representative bodies;

• The works council fund (if applicable);

• Occupational physicians (if applicable);

• Pension funds;

• Legal representatives;

• Courts; and

• Co-insured persons and employee provident funds.

Some of the recipients listed above are located outside your country or process your personal data there. The level of data protection in other countries may not be equivalent to that in your country. However, we transfer your personal data only to countries that the European Commission has determined provide an adequate level of data protection, or we implement measures to ensure that all recipients provide an adequate level of data protection.

We retain your personal data only for as long as necessary to achieve the purposes set out in Section 1 and as permitted under applicable law. In any event, we store your personal data for as long as statutory retention obligations apply or limitation periods for any claims arising from the employment or application relationship have not yet expired.

Under applicable law, you are entitled, among other rights (subject to the requirements of the relevant legislation), to: (i) verify whether we process your personal data and, if so, which personal data we store about you, and to obtain copies of such data; (ii) request the rectification, completion, or erasure of your personal data if it is inaccurate or processed unlawfully; (iii) request that we restrict the processing of your personal data; (iv) object, under certain circumstances, to the processing of your personal data or withdraw any consent you may have previously given for such processing; (v) request data portability; (vi) obtain information about the identity of third parties to whom your personal data is transferred; and (vii) lodge a complaint with the competent authority. Any withdrawal of consent shall not affect the lawfulness of processing carried out prior to the withdrawal on the basis of that consent.

If you have any questions or concerns regarding the processing of your personal data, please contact us:

• ym works gmbh
• ym bikes gmbh
• young mountain marketing gmbh

each at the following address: Puchstrasse 17, 8020 Graz.