General Terms and Conditions for Applicants and Candidates

1.1 Scope of Application

These General Terms and Conditions (GTC) apply to all applicants and candidates (hereinafter "Applicant") who apply for positions through Andreas Hink Unternehmens- und Personalberatung (hereinafter "Consultancy") or who are approached by the Consultancy as part of an executive search process.

1.2 Services of the Consultancy

The Consultancy provides the following services:

• Executive Search and selection of senior specialists and managers
• Management audits and team assessments
• Coaching and advisory services for executives
• Talent management strategy development
• Succession planning

1.3 Legal Relationship

The Consultancy has a placement agreement with the client company (Principal). The Consultancy acts in the name and on behalf of the Principal. No placement contract exists between the Consultancy and the Applicant. The Applicant has no claim against the Consultancy for placement.

1.4 Contractual Basis

These GTC form the basis for cooperation between the Consultancy and the Applicant. By submitting application documents or participating in the selection process, the Applicant explicitly accepts these GTC.

2.1 Data Controller

Data controller within the meaning of the GDPR:

Andreas Hink
Andreas Hink Unternehmens- und Personalberatung
Barbarossaring 11, 55118 Mainz, Germany
Phone: +49 173 653 50 75
E-mail: info@hink.de

2.2 Legal Bases for Processing

Personal data is processed on the following legal bases:

a) Art. 6(1)(b) GDPR in conjunction with § 26 BDSG for processing applicant data for the purpose of deciding whether to establish an employment relationship

b) Art. 6(1)(f) GDPR for the legitimate interests of the Consultancy in properly conducting the placement process

c) Art. 6(1)(a) GDPR only with explicit consent for processing beyond these purposes

2.3 Categories of Data Processed

The following categories of data are processed:

• Application data: Name, address, phone, e-mail, CV, certificates, references
• Interview documentation: Notes from interviews and selection conversations
• Assessment results: Personality profiles, potential analyses, reference results
• Technical data: IP address, browser information for online applications

2.4 Purposes of Processing

Data processing is carried out exclusively for the following purposes:

• Conducting the application process
• Assessing professional and personal suitability
• Forwarding qualified candidate profiles to the Principal
• Documenting the selection process
• Legal compliance and quality assurance

2.5 Retention and Deletion

• Application data: 12 months after conclusion of the placement process
• Successful placements: 3 years for replacement guarantee purposes and legal documentation
• Replacement searches: For candidates who leave within the first 6 months, data may be reprocessed for a replacement search
• Talent pool: Only with explicit consent, up to 24 months for future positions
• Statutory retention periods: As required by law (max. 10 years)

2.6 Data Sharing and Joint Responsibility

Joint responsibility: The Consultancy and the Principal are jointly responsible within the meaning of Art. 26 GDPR for the processing of candidate data. The respective responsibilities are governed by a separate agreement between the parties.

Applicant data is only shared:

• With the Principal for the purpose of conducting the selection process
• With commissioned data processors (see § 2.7)
• Where required by law or official order

2.7 Data Processors and Tools Used

a) Technical service providers:

• Hosting: Vercel Inc. (CDN with EU regions, SSL encryption)
• Database: Supabase (PostgreSQL, EU servers, encrypted)
• E-mail delivery: Goneo Internet GmbH (SMTP, servers in Germany)
• Website analytics: Google Analytics 4 (anonymised IP addresses)

b) AI-assisted analysis:

• Candidate analysis: DeepSeek API (supportive only, no automated decisions)
• Document storage: Supabase Storage (encrypted, EU)

All data processors are bound by contract pursuant to Art. 28 GDPR and ensure appropriate data protection standards.

3.1 Receipt and Review of Applications

• Applications are submitted via the applicant portal at www.hink.de
• The Consultancy reviews applications against the relevant requirements
• Matching profiles are forwarded to the Principal
• There is no obligation to forward all applications

3.2 Selection Process

The selection process may include the following elements:

a) Interviews:

• In-person or video interviews for professional and personal assessment
• Documentation of interview results for the Principal

b) Reference checks:

• Applicants nominate their own referees
• Confidentiality: Reference results are not disclosed to Applicants

3.3 Digital Tools and Use of AI

• AI-assisted analysis tools are used in a supporting capacity only
• AI tools are used for CV analysis, pre-selection, and comparative assessments
• All automated assessments are reviewed manually
• Applicants are informed transparently about the use of AI
• The right to a purely human decision-making process remains guaranteed

AI transparency: Upon request, Applicants receive information about:

• Which AI tools were used in their application
• The criteria applied in the AI analysis
• How the AI result influenced the overall assessment
• The final human decision that was made

4.1 Applicant's Disclosure Obligations

The Applicant undertakes to:

• Provide complete and truthful information
• Submit all documents relevant to the assessment
• Promptly notify the Consultancy of any changes to contact details or interest status
• Treat any information received about the Principal as strictly confidential

4.2 Data Subject Rights under GDPR

The Applicant has the following rights:

4.3 Reimbursement of Expenses

The Consultancy does not reimburse Applicants for application or travel costs.

5.1 General Equal Treatment Act (AGG)

The Consultancy complies with the provisions of the German Equal Treatment Act (AGG) and conducts selection processes free from discrimination. Discrimination on the basis of:

• Ethnic origin or race
• Gender or sexual identity
• Religion or beliefs
• Disability or chronic illness
• Age is prohibited unless objectively justified.

5.2 Whistleblower Protection

The Consultancy maintains internal compliance structures in accordance with the German Whistleblower Protection Act (HinSchG). Confidential reports may be submitted to info@hink.de. Applicants may report violations of laws or internal policies without fear of retaliation.

5.3 Diversity and Sustainability

Aspects of diversity, sustainability and social responsibility are given appropriate consideration in the candidate selection process.

6.1 Confidentiality Obligation

Both parties undertake to maintain strict confidentiality regarding all information that becomes known in connection with the application process.

6.2 Technical Security Measures

• SSL/TLS encryption for all data transfers (256-bit)
• Hosting on Vercel with automated security updates
• Database encryption via Supabase (PostgreSQL, EU region)
• Regular security updates and monitoring

6.3 Organisational Measures

• Access controls for applicant data
• Documentation of all processing activities
• Regular review of data protection measures

7.1 Limitation of Liability

The Consultancy ensures professional and market-standard conduct in candidate selection. Any liability for the fulfilment of specific career expectations of the Applicant is excluded.

7.2 Exclusion of Liability

The Consultancy's liability is limited to cases of wilful misconduct and gross negligence. In the case of gross negligence, liability is limited to foreseeable, typical damages. Liability for personal injury remains unaffected.

7.3 Indemnification

The Applicant shall indemnify the Consultancy against third-party claims arising from inaccurate or incomplete information provided by the Applicant.

8.1 Termination of Cooperation

The cooperation ends automatically upon:

• Conclusion of the placement process
• Withdrawal of the application by the Applicant
• Revocation of consent to data processing by the Applicant

8.2 Data Handling After Termination

After termination, personal data is handled in accordance with statutory retention periods and the retention periods set out in § 2.5.

9.1 Technology Development

The Consultancy reserves the right to deploy new digital tools and technologies to improve the quality and efficiency of the selection process. Applicants will be informed of any material changes.

9.2 AI and Automated Processes

The use of artificial intelligence (for CV analyses and candidate comparisons) is transparent and supplementary to human assessment.

Documentation and right to information: Applicants have the right to detailed information about:

• The type and purpose of the AI tools used
• The specific assessment criteria of the automated analysis
• The ranking or assessment result of the AI evaluation
• How the AI result was integrated into the final human decision

10.1 Amendments to the GTC

Amendments to these GTC will be communicated to the Applicant in good time. They are deemed approved if the Applicant does not object within four weeks of notification.

10.2 Severability

If any provision of these GTC is or becomes invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original economic intent.

10.3 Governing Law and Jurisdiction

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is Mainz, provided the Applicant is a merchant, a legal entity under public law, or a special fund under public law.

10.4 Contact and Complaints

For questions, complaints or to exercise data subject rights, please contact:

Andreas Hink
Andreas Hink Unternehmens- und Personalberatung
Barbarossaring 11, 55118 Mainz, Germany
E-mail: info@hink.de
Phone: +49 173 653 50 75

Supervisory authority:
Landesbeauftragter für den Datenschutz und die Informationsfreiheit Rheinland-Pfalz
Hintere Bleiche 34, 55116 Mainz, Germany
E-mail: poststelle@datenschutz.rlp.de