Privacy Policy Applicants

 

Privacy policy for applicants 

according to Art. 13, 14 EU General Data Protection Regulation (DSGVO)

 

The DESTACO Europe GmbH "DESTACO" or "we") takes privacy very seriously. This applies to all stages of the employment relationship, from initiation to termination. We want to inform you how we process your personal data in the context of application procedures. In addition, the privacy policy contains information about your rights under the GDPR and the Federal Data Protection Act (BDSG) . In addition to this Privacy Notice for Applicants, we may provide you with additional privacy information when we process your personal information in special situations that are not fully described here.

If you have any problems understanding the privacy policy in German, you may contact us using the contact information provided in section 1.

1. Who is responsible for data processing and who can I contact?

Responsible for the data processing is:

DESTACO Europe GmbH

Hiroshimastrasse 2, 61440 Oberursel 
Tel .: +49 (0) 6171 7050 
E-mail: europe @ destaco.com

If necessary, we will also process your personal information in conjunction with our parent company, Dover Corporation. We will inform you about this separately.

Our data protection officer Mr. Dipl.-Ing. You can reach Jörg Hagen at the address mentioned above or at: hagen@jhcon.de

2. From which sources do we collect your data?

We collect your personal information from different sources :

  • Data that you provide to us: We process personal data that you provide to us during the hiring process or during the employment relationship.

  • Data provided to us by third parties about you : In certain circumstances, due to legal regulations, we also collect your personal data from other sources. For example, we can process data provided by a headhunter about you.
  • Data we obtained from publicly available sources: In addition, we may process personal data that we (from publicly available sources such.   B. professional networks) may legitimately have won and may process.

3. Which data or data categories will we process?

Among other things, the following data or data categories are affected by data processing during the application process :

  • Personal information and contact information, such as: Name, e-mail address and phone number, home address, date of birth, national identification number, gender, marital status and nationality.

  • Training, performance and employment data, such as: These include, for example, school and graduation, professional experience and competences and performance assessments.

  • Other application documents that you provide us with, such as: application letters, certificates, CVs, passport photos or other information, such as hobbies or voluntary work.

  • Communication data: Content of personal or telephone conversations and other data that arise in connection with the communication (eg in the case of telephone inquiries from us, when using the contact form).

  • Specific categories of personal data: If you include in your application updated documents that contain particular categories of personal data (eg marital status information that may allow you to infer your sexual orientation, information about your health, a photo attached to your personal information - ethnic origin and, if appropriate, your eyesight and / or religion), we will process this data to the extent permitted by law.

4. For what purposes and on what legal basis will we process your data?

We process your personal data in the application process for different purposes. These arise, inter alia, from Art. 88 para. 1 DSGVO and § 26 BDSG. In particular, processing is for the following purposes:

  • Decision on the justification of the employment relationship: We process your data primarily to establish the employment relationship on the basis of Art. 6 para. 1 lit.   b), Art. 88 DSGVO and § 26 Abs. 1 BDSG. It is also about determining your suitability for the position or positions in question.
  • Fulfillment of legal obligations: We also process your data to fulfill legal obligations. So we need your data, among other things, if you want to make your subjects' rights pursuant to Art. 15 ff. DSGVO to us in law.
  • Defense against claims for compensation: If rejected in individual compensation claims under the General Equal Treatment Act (AGG) against us, we will process the data of the respective applicants when defending against legal action or claims.

5. On which legal basis will we process your data?

We process your personal data only to the extent that an applicable legal provision allows such data processing, ie in accordance with the provisions of the GDPR, the BDSG and all other relevant laws ( eg.   B. BetrVG, ArbZG, etc.).

5.1. General legal bases in the application process

In the application process, we will base the processing of your personal data inter alia (but not limited) on the following legal bases:

  • In support, implementation and termination of employment: We process your data in the first place to establish and, execution and termination of employment on the basis of Article 6 1 lit... b ), Art. 88 DS GVO and § 26 Abs. 1 BDSG.
  • Based on your consent: In some cases, you have consented to the processing of your information by us. In these cases, we process your personal data on the basis of Art. 6 (1) lit. a ) , Art. 7 DSGVO in conjunction with § 26 (2) BDSG . You always have the right to revoke your consent statement at any time. For this process, you can reach us under the contact details provided in section 1. The lawfulness of the processing of your data until the time of revocation remains unaffected.
  • To meet legal obligations: We process your data to fulfill legal obligations, particularly in the area of tax and social security law. Furthermore, we are legally obliged to ensure an adequate level of data security (Art. 32 DSGVO) . These data processing operations are based on Art. 6 para. 1 lit. c ) GDPR and §   26 para. 1 BDSG.
  • To safeguard legitimate interests: In individual cases, we process your data in order to safeguard the legitimate interests of DESTACO or third parties ( eg.  To preserve as authorities). In these cases, data processing takes place on the basis of Art. 6 para. 1 lit.   f) GDPR. However, we will only process your data on this basis if your interests or fundamental rights and freedoms do not predominate. We will check this separately in each individual case.

The legitimate interests listed below may be relevant in the context of the application process or in the ongoing employment relationship, among others:

Assertion, Exercise or Defense of Legal Claims: We will process your information where appropriate to enforce, exercise or defend legal claims in the context of the application process. This applies, for example, in the context of dismissal protection proceedings or compensation claims under the AGG.

Inquiries from authorities: In some cases, authorities can approach us to get information from us. This applies, for example, to inquiries from law enforcement agencies in the course of ongoing investigations. If necessary, we will also process and transmit your data to answer these requests. However, we will check separately in each individual case whether we will fulfill the request.

Fraud prevention: We may process your information for fraud prevention purposes. For example, we would like to prevent so-called "AGG-hoppers" from competing with us solely for the purpose of asserting compensation claims under the AGG against us later.

Compliance Organization: We may need your information in order to ensure an effective compliance process within our organization. For this we are already legally obliged (see §§ 30, 130 offense law).

6. How do we process special categories of personal data?

As part of the application process, we will also process individual categories of personal data in individual cases in accordance with Art. 9 para. 1 DSGVO. These include, but are not limited to, health data, biometric data, or data that may indicate union affiliation or other political views.

In the application process, we will only process special categories of personal data if you have given us your express consent to this, vg l. Art. 9 para. 2 lit. a) GDPR.

7. To whom will we transfer or pass on your data?

In the application process, we will also, if necessary, submit your personal data to bodies inside and outside the company.

  • Access rights within the company: In principle, only those persons and functions within the company have access to your data, which is responsible for the preparation and execution of the application process. These include, for example, employees of the Human Resources Department and the departments in which an open position is to be filled.

  • Works councils and other advocacy groups: Insofar as required by law, we will also make your application documents available to works councils and other interest groups of employees of our company in the course of fulfilling their statutory duties (see § 99 (1) BetrVG).

  • Data transfers within the group: DESTACO is part of the Dover group of companies. If necessary, we will then submit your information to the Dover Corporation or other group companies.

  • Involvement of service providers: In addition, in individual cases we will use service providers who can process data on our behalf and in accordance with our instructions for the aforementioned purposes (see Art. 28 GDPR ) .

Each time we submit your personal information to external recipients who process this information on our behalf, we will contractually ensure that your information is transmitted, protected and processed in accordance with all applicable privacy laws .

8. Will my data be transmitted to a third party?

Should we transfer personal data to companies of the group of companies or to external third parties outside the EU or the European Economic Area (EEA), the transfer will only take place if the EU Commission has been confirmed by the EU Commission an adequate level of data protection or other appropriate data protection guarantees (eg.   Binding corporate data protection regulations, standard data protection clauses issued by the EU Commission) are available. In particular, these policies apply even if we provide your personal information to Dover Corporation or its subsidiaries in the United States or any other third country. For more information on this topic, please contact the contact addresses listed in section 1 of this privacy policy. A copy of the appropriate data protection guarantees can be obtained by contacting the contact details listed in point 1 above .

9. Which data protection rights can you assert as a data subject?

You can assert your rights against DESTACO in accordance with the DSGVO. If you wish to exercise these rights, you can contact us via the contact details provided in section 1. Your rights under the DS GVO include in particular:

  • Right to information: You can request information about the personal data stored by us (Art. 15 GDPR). This information includes, among other things, the categories of data we process, the purposes for which we process them, the source of the data if we have not collected it directly from you, and, if applicable, the recipients to whom we have provided your information. You may receive from us a free copy of your data that is the subject of the agreement. If you are interested in further copies, we reserve the right to charge you for these.
  • Right to rectification: You may require us to correct incorrect and to complete incomplete personal data concerning you (Art. 16 GDPR). This may include the completion of incomplete personal data.
  • Right to cancellationUnder the conditions of Art. 17 DS GMOs you could ask for the deletion of your data. This may be the case, for example

- the data is no longer required for the purposes for which we collected or otherwise processed it;

- Your consent, which is the basis of data processing, is revoked and we lack any other legal basis for the processing;

- You object to the processing of your data and there are no legitimate grounds for processing, or you object to data processing for direct marketing purposes;

- we have improperly processed the data;

unless processing is necessary,

- to ensure compliance with a legal obligation that requires us to process your data, in particular with regard to statutory retention periods;

- to assert, exercise or defend legal claims.

  • Right to Restriction of Processing: You may continue to have a right to restrict the processing of your data, ie to mark the personal data stored with the aim of limiting their future processing. For this must be given one of the conditions mentioned in Art. 18 GDPR, ie

- You deny the accuracy of the data for the period we need to verify the accuracy of the data;

- the processing is unlawful and you refuse the deletion of your data and instead demand the restriction of use;

- We no longer need your information but you need it to enforce, exercise or defend your rights;

-  You have objected to the processing, as long as it is not certain that our legitimate interests in the processing outweigh your own.

  • Right to Data Portability: Finally, you may also be entitled to a right of disclosure of the data relating to you that you have provided to us in a structured, common and machine-readable format. You can transfer this data unhindered to another person in charge. In addition, you can request that we transfer your data directly to another person responsible, insofar as this is technically possible (Art. 20 DSGVO).
  • Right to objection: You may object to the processing of your data at any time for reasons that arise from your particular situation, if the data processing is based on our legitimate interests or those of a third party. In that case, we will no longer process your data, Unless we can prove compelling legitimate reasons for the processing that outweigh your interests, rights and freedoms or the processing serves the assertion, exercise or defense of legal claims (Article 21 DS GVO). Your right of revocation of granted consent to processing is possible at any time, irrespective of this right of objection.
  • Right to complain to a data protection supervisory authority: You have the right to contact the Data Protection Supervisor in charge of the data processing we conduct if you believe that it violates applicable data protection laws.

The authority responsible for our processes is:

Hessian State Commissioner for Data Protection and Freedom of Information 
Gustav-Stresemann-Ring 1, 65189 Wiesbaden 
Tel .: +49 611 1408 - 0 
E-Mail: poststelle@datenschutz.hessen.de

10. How long will your data be stored?

We will store and delete your personal data in accordance with the requirements of Art. 17 GDPR. In principle, we will delete your data if it is no longer necessary for the purposes for which it was collected. However, we may retain your information for a longer period of time due to legal requirements. We will save or delete your personal data as part of the application process in accordance with the following criteria:

  • Storage during the application process: If necessary, we will save your data for the duration of the application process.

  • If your application is rejected: If there is no employment relationship between us and you, the application process ends with the receipt of a rejection. In this case, we will only retain your data if the processing and storage of your personal data in the specific case for the assertion, exercise or defense of legal claims (duration of a dispute) is required.

  • Longer retention in applicant database: If we can not offer you a vacancy, but your profile suggests that your application may be of interest for future vacancies, we will store your candidate data with your consent to our future staffing and future needs Application procedure for 12 months in our applicant database.

10.1 Legal storage requirements

In individual cases, we are required by law to keep your data for a longer period of time. For example, DESTACO is subject to statutory retention obligations under the Commercial Code (HGB) or the German Tax Code (AO) (eg, § 257 HGB, § 147 AO). For example, we are obliged to keep invoices for any reimbursement of travel expenses for a period of ten years (see §§  147 (3) AO). Legal regulations in the area of employment and social law may require us to retain your data for a longer period of time. This applies, for example, to the retention of certain working time documents or documents in connection with the pregnancy of a female employee (see § 16 (2) ArbZG and § 27 (5) MuSchG).

10.2 Authorized interests

In the application process or in the current employment relationship, we may be required by law to keep your data for a longer period of time than for the under a. to retain these deadlines. In individual cases, we will also rely on our legitimate interests.

  • Legal defense: Should you bring an action against us after your application, we will keep your data for the period of the court proceedings (Art. 17 (3) (e) GDPR). The same applies during a legal dispute.
  • Storage during the limitation period: Under certain circumstances, we will also keep your data for the duration of the statutory limitation period in accordance with §§ 195 ff. Civil Code (BGB). The regular limitation period is three years (see § 195 BGB). The period of limitation may also be up to 30 years in individual cases (see § 197 BGB).

10.3 Internal deletion concept

Further information on the statutory retention requirements to which we are subject is contained in our in-house extinguishing council. We provide this to our employees on request.

11. To what extent do individual automated decisions or profiling measures take place?

We currently do not use purely automated manufacturing processes to obtain a decision - including profiling - on the establishment, implementation or termination of employment. If this is intended in the future, we will inform you about this separately.

12. Am I required to provide my data?

They are contractually obligated to provide us with your data, as far as we - as described above - will process your personal data for purposes of establishment, implementation and termination of your employment. The same applies insofar as we process your data in order to be able to fulfill our legal obligations as an employer, in particular in the area of tax and social security law as well as labor law, social security law and social protection. Without your data, we will not be able to establish, execute or terminate any employment relationship with you.

13. Relevant legal texts

The provisions of the GDPR can be found here:

https://eur-lex.europa.eu/legal-content/DE/TXT/?uri=celex%3A32016R0679

The provisions of the BDSG can be found here:

https://dejure.org/gesetze/BDSG_2018

 

 

                                     

 

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