data protection applicants

Ruby GmbH

Munich, November 2024

Data protection information regarding our processing of applicant data pursuant to Art. 13, 14 and 21 of the General Data Protection Regulation (GDPR) for all companies of the Ruby Group*.


Dear applicant,

Thank you for your interest in our company. In accordance with the requirements of Articles 13, 14 and 21 of the General Data Protection Regulation (GDPR), we hereby inform you about the processing of personal data provided by you as part of the application process and, if applicable, collected by us, and your rights in this regard. To ensure that you are fully informed about the processing of your personal data as part of the application process, please take note of the following information.

1. Controller in the context of data protection law

Ruby GmbH

Michael Struck

Seidlstraße 5
80335 München

+49 89 12 50 952 10
info@ruby-hotels.com
www.ruby-hotels.com

2. Contact data of our data protection officer

PROLIANCE GmbH / datenschutzexperte.de

Leopoldstraße 21

80802 München


datenschutzbeauftragter@datenschutzexperte.de

3. Purpose and legal basis of processing

We process your personal data in accordance with the provisions of the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG), insofar as it is required for the employment relationship. The legal basis forthis is Art. 88 GDPR in conjunction with § 26 BDSG, if the processing is necessary for the decision about initiating an employment relationship.


Furthermore, we may process your personal data if this is necessary for the fulfillment of legal obligations (Art. 6 ( 1) lit. c GDPR) or for the defense or assertion of legal claims. The legal basis for this is Art. 6 ( 1) lit. f GDPR. The legitimate interest is, for example, an obligation to provide evidence in proceedings under the General Equal Treatment Act (AGG).


lf you give us express consent to process personal data for specific purposes, the lawfulness of this processing is based on your consent pursuant to § 26 (2) BDSG. Given consent can be revoked at any time with effect for the future (see Section 9 ofthis information).


lf an employment relationship is concluded with you, we may process the personal data you have already provided as part of the application procedure pursuant to Art. 88 GDPR in conjunction with § 26 BDSG for the purposes of the employment relationship, insofar as this is necessary for the initiation, implementation or termination of the employment relationship. Furthermore, we may process such data for the purpose of exercising or fulfilling the rights and obligations of the representative body of employees resulting from a law, collective bargaining agreement, works agreement or a service agreement.

4. Categories of personal data

We only process data that is related to your application. This may be general data about you (name, address, contact details, etc.), information about your professional qualifications and education, information about professional training and other data that you may provide us with within the context of your application.

5. Sources of data

We process personal data which we receive from you by mail, e-mail or via the online-platform onlyfy.com during your application and our communication with each other.

6. Recipients of data

Within our company, we only pass on your personal data to those areas and persons who require this data to fulfill contractual and legal obligations or to implement our legitimate interests.


We may transfer your personal data to affiliated companies to the extent that this is permissible within the scope of the purposes and legal bases set out in section 3 of this information.


lf your personal data is processed on our behalf, this processing is performed based on data processing agreements pursuant to Art. 28 of the GDPR. In these cases, we ensure that the processing of personal data is carried out according to the provisions of the GDPR. The categories of recipients in this case are internet service providers and providers of applicant management systems and -software.


Otherwise, data is only passed on to recipients outside the company if this is permitted or required by law, if the transfer is necessary for processing and thus fulfilling the employment contract, if we have your consent or if we are authorized to provide information.

7. Transfer to a third country

A transfer to a third country (outside the EEA) is not intended.

8. Storage period

We store your personal data as long as this is necessary for the decision on your application. Your personal data or application documents will be deleted no later than six months after the end of the application process (e.g. upon notification of the rejection decision), unless longer storage is required or permitted by law. We
store your personal data beyond this only to the extent that this is required by law or in a specific case for the assertion, exercise or defense of legal claims for the duration of a legal dispute.


lf you have consented to a longer storage of your personal data, we will store it in accordance with your declaration of consent.


lf an employment, training or internship relationship is established following the application process, your data will initially continue to be stored to the extent necessary and permissible and will subsequently be transferred to the personnel file.

After the application process, you may be invited to join our talent pool. This will allow us to consider you in our selection of applicants for suitable vacancies in the future. lf you have given us your permission to do so, we will store your application data in our talent pool in accordance with your consent or future consent.

9. Your rights

Every data subject has the right of access pursuant to Art. 15 GDPR, the right to rectification pursuant to Art. 16 GDPR, the right to erasure pursuant to Art. 17 GDPR, the right to restriction of processing pursuant to Art. 18 GDPR, the right to notification pursuant to Art. 19 GDPR and the right to data portability pursuant to Art. 20 GDPR.


In addition, you have the right to lodge a complaint with a data protection supervisory authority pursuant to Art. 77 GDPR if you are of the opinion that the processing of your personal data is not lawful. The right to lodge a complaint with a supervisory authority shall be without prejudice to any other administrative or judicial remedy.


lf the processing of data takes place based on your consent, you are entitled to withdraw your consent to the use of your personal data at any time in accordance with Art. 7 GDPR. Please note that the withdrawal will only take effect in the future. Processing that took place before the revocation is not affected by this. Please also note that we may need to retain certain data for a period of time to comply with legal requirements (see Section 8 ofthis information).


Right to object
lf your personal data is processed in accordance with Art 6 ( 1) lit. f GDPR to safeguard legitimate interests, you have the right, pursuant to article 21 GDPR, to object to the processing of this data at any time for reasons arising from your particular situation. We will then no longer process this personal data unless we can prove compelling reasons for the processing. These must outweigh your interests, rights and freedoms; or the processing must serve the assertion, exercise or defense of legal claims. To exercise your rights, you can contact us using the contact details provided in section.

10. Necessity of providing personal data

The provision of personal data for the application process is voluntary. However, we can only consider your application if you provide personal data that is required for the application process.

11. Automated decision-making

The decision about your application / possible employment is not exclusively based on automated processing. Hence, no automated decision in individual cases within the meaning of Art. 22 GDPR takes place.


*Companies of the Ruby Group:

Ruby GmbH
Seidlstrasse 5
80335 Munich
Germany

Ruby Hospitality Netherlands B.V.
Amstelvlietstraat 4
1096 GG Amsterdam
Netherlands

Ruby Hospitality UK Ltd.
16 Great Queen Street
Covent Garden WC2B SAH London
United Kingdom

Ruby Hospitality lreland Limited
Upper Mount Street 38
D02 PR89 Dublin
lreland

Ruby Hospitality ltaly S.RL
Corso Della Liberta 1 19
39100 Bozen
ltaly

RG Realisation Sari
65 Rue du Rhone
1211 Geneve 3
Switzerland

RS Realisierung GmbH
Marxergasse 17
1030 Vienna
Austria

Ruby Works Joint Venture GmbH
Seidlstrasse 5
80335 Munich
Germany

Ruby Hotels Ltd.
Pendergardens Block 17, Level
Triq Sant' Andrija, Triq Gdida Fi

San Ġiljan STJ 9023
Malta