General data protection information of TM Relocation Services GmbH

1. With this data protection information we inform you about the data processing in our company.

The controller within the meaning of data protection law is:

TM Relocation Services GmbH
GF Kaya Folliguet
Apianstrasse 5
80796 Munich
Germany

Phone: +49 89 386672-30
Fax: +49 89 386672-38

Website: www.tm-relocation.de
E-mail: info@tm-relocation.de

Contact details of the data protection officer:

TM Relocation Services GmbH
DATA PROTECTION OFFICER
Apianstrasse 5
80796 Munich

The company’s data protection officer can be contacted at the above address and at datenschutz@tm-relocation.de.

2) We process the following personal data, which we generally collect directly from you or your family member or receive from our client (your employer),

a) As part of the business relationship with our customers:

  • Contact details such as contact person, telephone number, e-mail address
  • Bank details

b) As part of the execution of the order (execution of the agreed customer service for the customer’s employees):

  •  Data origin:
    As a rule, we receive the data directly from you or, in the case of family services, from Expact and/or, if applicable, your employer or the Shared Service Center for Human Resources of your employer.
  • Personal data:
    – Family name
    – First name
    – Address
    – Date of birth (birth certificate)
    – Place of birth
    – Marital status, wedding date if applicable (marriage certificate, registered partnership)
    – Gender
    – Nationality
    – Country of origin
    – Job title
    – Career and all details of a curriculum vitae
    – University degrees
    – Names of accompanying family members
    – Dates of birth of accompanying family members
  • Communication data:
    – E-mail address
    – Telephone number
  • Data on the employment relationship incl. employment contract:
    – Company name of the employer
    – Place of work abroad
    – Place of work in Germany
    – Working hours
    – Job description
    – Duration of employment
  • Salary data:
    – Salary and allowances
    – Data relating to payroll accounting
  • Data in connection with relocation services:
    – Date of entry
    – Type of residence permit
    – Validity of the residence permit/residence title
    – Tenancy agreements
  • Documents used for order processing:
    – Passport
    – Registration certificate and residence permit
    – Curriculum vitae
    – Employment contract
    – Salary slips
    – University degree certificates
    – Job descriptions
    – Marriage or birth certificates of accompanying family members
    – If applicable, further documents depending on the assignment and requirements due to legal provisions of the national
    – Authorities (e.g. health insurance data, insurance number, tax data, parents, children)
    – Information required for the appropriate execution of the order and contract

3. We process personal data for the purposes of

  • Execution and handling of the order and contractual relationship with your employer/our client, including the necessary correspondence (e.g. home search, immigration services such as work permits and residence permits, move management, visa procurement, travel service, driver’s licenses, integration and local integration)
  • Fulfilling our contractual and legal obligations as a company and
  • processing in the context of mutual claims arising from the framework contract/order (e.g. invoicing, claims for performance, remuneration and liability, etc.).

4. The legal bases for data processing in our company are

  • Art. 6 para. 1 subpara. 1 letter b GDPR for the performance of a contract,
  • Art. 6 para. 1 subpara. 1 letter c GDPR for the fulfillment of legal obligations to which we are subject as a company
  • Article 6(1)(1)(f) GDPR, insofar as data processing is necessary for the purposes of the legitimate interests pursued by us or by a third party; in particular, the ongoing business relationship with our customers is in our legitimate interest,
  • Art. 6 para. 1 subpara. 1 letter a GDPR, Art. 9 para. 2 letter a GDPR, insofar as you have given us your consent to process the personal data concerning you for specific purposes
  • if we process your personal data as a processor of your employer, the processing is based on the legal basis to which your employer itself refers as the controller. We have then concluded a contract with your employer (e.g. purely for visa procurement) for order processing in accordance with Art. 28 GDPR or offered it to them. A transfer of personal data then regularly requires no further legal basis.

5. The transfer of personal data to third parties only takes place within the scope of the respective order or with your consent. We pass on personal data to the following recipients within the scope of the contractual relationship:

  • Employees of TM Relocation GmbH who process the respective order and, if applicable, their representatives
  • Clients (employers in the case of order processing activities, e.g. pure visa procurement)
  • Tax authorities and courts
  • Employment offices
  • Consulates and embassies
  • Social insurance agencies
  • Bundesanzeiger Verlag GmbH
  • Banks, credit institutions, insurance companies and employers’ liability insurance associations
  • Processors, e.g. IT service providers (fellowtech GmbH), software companies (Relotracker – Delta Tren bvba, Jezus-Eiksesteenweg 61, 1560 Hoeilaart, Belgium), freelancers (Germany), waste disposal companies whose services we only use
  • Depending on the order, to other recipients that we agree with you (e.g. removal companies, real estate agents)

6. Data will only be transferred to third countries (countries outside the European Economic Area – EEA) if this is necessary for the execution of the contract (e.g. visa procurement, outbound) or if you have given us your consent or if this is otherwise permitted by law. We only transfer data to recipients such as authorities (e.g. embassies) in third countries that require this information for processing. Insofar as it is possible for us to cooperate with these authorities, we take measures to ensure the protection of your data. No further data is transferred to third countries. If data transfer to third countries is planned in the future, this will only take place in compliance with the provisions of Art. 44 to 49 GDPR.

7. Personal data will be stored by us for the duration of the statutory retention periods. As a rule, this is 10 years for documents relevant to bookings and 6 years for business letters. If we process your data as a processor, we will delete your data in accordance with the instructions of the client (your employer) after the end of the order or hand it over to the client, provided that there are no legal retention periods to the contrary or we are entitled to do so (e.g. keeping evidence of proper data processing, defense against claims).

8. You have the following rights as a “data subject” whose data we process

  • Right to information in accordance with Art. 15 GDPR
  • Right to rectification in accordance with Art. 16 GDPR
  • Right to erasure (“to be forgotten”) in accordance with Art. 17 GDPR
  • Right to restriction of processing in accordance with Art. 18 GDPR
  • Right to transmission of your data in a structured, commonly used and machine-readable format in accordance with Art. 20 GDPR

Insofar as we process your personal data for certain purposes on the basis of your consent, you have the right to withdraw your consent at any time in accordance with Art. 7 para. 3 GDPR. After receiving your revocation, we will cease data processing for the purposes for which you have given us your consent. The lawfulness of the processing prior to receipt of your withdrawal remains unaffected.

Right to object: If we process your personal data to protect legitimate interests within the meaning of Art. 6 para. 1 subpara. 1 letter f GDPR, you have the right under Art. 21 para. 1 GDPR to object to this processing on grounds relating to your particular situation. You can object to processing for direct marketing purposes at any time without giving reasons in accordance with Art. 21 para. 2 GDPR. To exercise your right to object, simply send us an informal message (e.g. by email to datenschutz@tm-relocation.de) stating which data processing you object to.

If you believe that the processing of your personal data violates the General Data Protection Regulation, you have the right to lodge a complaint with a data protection supervisory authority in accordance with Art. 77 (1) GDPR. In particular, the complaint may be lodged with the supervisory authority responsible for your habitual residence, place of work or place of the alleged infringement.

If we process your personal data in accordance with your instructions as a processor and you contact us regarding your rights, we are generally contractually obliged to forward this request to the client without delay.

9. This information is valid as of March 2023. We reserve the right to adapt our data protection information to changes in regulations or case law.