Personnel and Legal Services

Dear Contractor of FH JOANNEUM Gesellschaft mbH, Dear Sir/Madam,

The General Data Protection Regulation (GDPR) stipulates extensive information obligations. In compliance with the new statutory requirements we therefore inform you in the following about the processing of personal data carried out by the Personnel and Legal Services Division.

If you have general questions concerning data protection issues at FH JOANNEUM please contact our Data Protection Officer by sending an email to datenschutz@fh-joanneum.at.

Please note that these kinds of processing activities of personal data have been carried out in the past and thus do not change existing contractual relationships.

1. Processing of personal data in the context of contract management

The data are processed and transmitted for the purpose of payroll accounting and complying with recording, information and reporting obligations to the extent required by laws or collectively agreed norms and contractual obligations (related to your employment), including recruitment and associated text documents (e.g. correspondence) created and stored electronically.

The data provided by you, such as CV, highest qualification, bank details, time records or invoices, will be processed for the initiation and performance of the contractual relationship.

We will also process other categories of personal data accrued in the course of the contractual relationship if this is required for the proper performance of the contract. These include organisational data, such as personnel number or cost centre, general data on the contractual relationship (e.g. beginning and end), or data required for social security registration (e.g. assignment to employer account).

If you have further questions on this data processing activity, please contact the Personnel and Legal Services Division of FH JOANNEUM Gesellschaft mbH, Alte Poststrasse 147 (4th floor), 8020 Graz, AUSTRIA, T: +43 316 5453 – 8869.

1.1 Processing of freely given data concerning trade union membership or religious belief

Data subjects provide information about their religious belief voluntarily and based on consent if they wish to exercise the relevant rights.

Information about membership in a trade union is also provided voluntarily based on consent if the union due is to be remitted by the employer.

These consents may be withdrawn independently of one another. If consent is withdrawn the data may no longer be processed for the above purposes from the date of withdrawal and the corresponding rights, benefits etc. can thus no longer be exercised or used.

If you wish to withdraw your consent please contact the Personnel and Legal Services Division of FH JOANNEUM Gesellschaft mbH, Alte Poststrasse 147 (4th floor), 8020 Graz, AUSTRIA,
T: +43 316 5453 – 8869.

1.2 Data processing in the context of funded projects

Data of persons working in funded projects (third-party funded projects) will be transferred to the relevant funding authorities (Art 89 GDPR) and project partners to the extent required for the purpose of submitting project proposals, conducting project audits and providing evidence of the research activities carried out. This data processing is in the legitimate interest of FH JOANNEUM to provide evidence of how the funds were used.

You may have the right to object on grounds relating to your particular situation. You may exercise this right by contacting the Personnel and Legal Services Division of FH JOANNEUM Gesellschaft mbH, Alte Poststrasse 147 (4th floor), 8020 Graz, AUSTRIA, T: +43 316 5453 – 8869.

1.3 Data processing in the context of contractual disputes

If a legal dispute arises during or after the contractual relationship the data required for the relevant litigation will be transferred to the legal representatives and courts.

1.4 Data recipients

The relevant data will be shared with the following organisations based on the statutory requirements and/or contractual agreement and/or legitimate interest (see section 1.2) of FH JOANNEUM:

• social security institutions (including company health insurance)
• pension funds
• tax authority
• occupational provision funds (BVK) according to Sec 11 (2) (5) and Sec 13 BMSVG
• apprenticeship office according to Sec 19 Vocational Training Act and vocational schools
• Public Employment Service (AMS)
• labour inspection authority
• municipal authorities in administrative police matters (e.g. trade authority, responsibilities according to ASchG etc.)
• district administrative authorities in administrative police matters (e.g. trade authority, responsibilities according to ASchG etc.)
• regional authorities
• workplace representation bodies (including but not limited to staff council according to Sec 89 (4) ArbVG, safety representatives according to Sec. 10 Health and Safety at Work Act (ASchG), Federal Law Gazette BGBl. No. 450/1994 as amended, youth representatives according to Sec. 125 et seq. ArbVG and representatives of disabled people according to Sec. 22a Disability Employment Act)
• election commission for staff council elections
• staff council fund according to Sec. 73 (3) ArbVG
• education and training providers
• creditors of the data subject and any other parties to the litigation, including in the case of voluntary assignment of salary for outstanding debts
• Federal Office for Social Affairs, e.g. according to Sec. 16 Disability Employment Act
• Ombud for Equal Treatment, Equal Treatment Commission
• recruitment agencies
• insurance companies within the framework of group or individual insurance
• banks making payments to the data subject or third parties
• statutory interest groups
• Court of Audit
• legal representatives
• courts
• co-insured persons
• customers and interested parties of the controller
• funding authorities (Art. 89 GDPR)
• project partners
• Agency for Quality Assurance and Accreditation Austria
• Sparkassen-Versicherung
• company doctors
• staff canteen operators
• trade union specified by employee (with the consent of the data subject)
• processors as part of software maintenance

1.5 Duration of processing

The data will only be processed for the duration of the contractual relationship, and after the end of the contractual relationship for the statutory retention period and as long as legal claims can be asserted with respect to the contractual relationship.

2. Processing of personal data in the context in the context of legal matters

Data of persons contacting us in legal matters will be processed for the purpose of clarifying the relevant subject matter, providing advice to executives and staff, supporting decision-making, regulating contractual matters and defending and exercising any rights in any matters relating to FH JOANNEUM, especially prior to and during the following proceedings:

• civil proceedings
• criminal proceedings
• administrative and judicial proceedings
• extrajudicial matters
• general legal advice

This data processing is partly based on the legitimate interest of FH JOANNEUM Gesellschaft mbH to defend legal claims and to fulfil due diligence obligations.

You may have the right to object on grounds relating to your particular situation. You may exercise this right by contacting the Personnel and Legal Services Division of FH JOANNEUM Gesellschaft mbH, Alte Poststrasse 147 (4th floor), 8020 Graz, AUSTRIA, T: +43 316 5453 – 8869.

If you have further questions on this data processing activity, please contact the Personnel and Legal Services Division.

2.1 Data recipients

If the matter leads to a legal dispute or administrative proceedings the data required for litigation will be transmitted to the relevant legal representatives, competent courts and competent authorities. The relevant data will also be shared with the following organisations based on the statutory requirements and/or contractual agreement and/or legitimate interest (see section 1.2) of FH JOANNEUM:

• competent administrative authorities
• competent courts (including [Federal] administrative courts in matters concerning FH JOANNEUM)
• legal representatives
• insurance companies and insurance agents
• contracting parties
• project partners
• funding authorities (Art. 89 GDPR)
• regional authorities
• interest groups
• workplace representation bodies (including but not limited to staff council according to Sec 89 (4) ArbVG, safety representatives according to Sec. 10 Health and Safety at Work Act (ASchG), Federal Law Gazette BGBl. No. 450/1994 as amended, youth representatives according to Sec. 125 et seq. ArbVG and representatives of disabled people according to Sec. 22a Disability Employment Act)
• election commission for staff council elections
• opposing party

2.2 Duration of processing

The data will be processed until the matter has been clarified, and subsequently as long as necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.

3. Your rights as a data subject

You have

• the right to request from the controller access to and rectification or erasure of personal data
• the right to request restriction of processing concerning the data subject
• the right to object to processing
• as well as the right to data portability;

which can be exercised by contacting FH JOANNEUM Gesellschaft mbH, Alte Poststrasse 149, 8020 Graz, email: datenschutz@fh-joanneum.at as the relevant data processor, respectively its Data Protection Officer.

You also have

• the right to lodge a complaint

with the Austrian Data Protection Authority, Barichgasse 40 - 42, 1030 Vienna, tel: +43 1 52 152-0, email: dsb@dsb.gv.at as the competent supervisory authority.

I look forward to continuing our good relationship.

Yours sincerely
Peter Reininghaus