Data protection information for applicants

Thank you for your interest in exccon and for the time you took to read our job descriptions or apply for one of our advertised positions.

With the following explanations, we would like to give you an overview of what happens to your personal data (hereinafter also: “data”) as part of your application and to inform you about your data protection claims and rights (in particular within the meaning of the European General Data Protection Regulation (“GDPR”) and the Federal Data Protection Act (“BDSG”). This privacy policy applies to data processing carried out in your capacity as an applicant for an open position with us. We therefore ask you to read this privacy policy and, if necessary, print it out or save it.

A. General information on data processing in the application process and data subject rights

I. Who is responsible for data processing and who can you contact if you have any questions?

The person responsible within the meaning of data protection regulations is:

exccon AG
Valley 11
80331 Munich
Telephone: +49 (0) 89 189 04 775-0
Fax: +49 (0) 89 189 04 775-99
email: info@exccon.com

You can contact our data protection officer at:

Lawyer Richard Metz
Lohmanns Lankes & Partner PartGmbH, lawyers and patent attorney
Würmtalstr. 20a
81375 Munich
Telephone: +49 (0) 89 552 75 50-0
email: r.metz@llp-law.de

If you assert rights, have questions, suggestions or complaints, we recommend that you send them to the following contact details:
Telephone: +49 (0) 89 189 04 775-0
email: karriere@exccon.com

II. What are your rights with regard to your personal data?

If your personal data is processed, you are a “data subject”, which means that you may have the rights described below.

On request, we will inform you as soon as possible and in writing whether and which personal data about you is stored by us (Art. 15 GDPR). Should incorrect data be stored despite efforts to ensure data accuracy and timeliness, it will be corrected by us upon request (Art. 16 GDPR). In addition to this right to correction, you may have the right to block and delete the personal data we collect (Article 17 GDPR). However, we may not be able to immediately comply with every request for deletion due to legal reasons, in particular due to tax or commercial law regulations, or for reasons of smooth contract processing. In addition, you have the right to have us transfer the data to you as a structured, common and machine-readable format upon request or to forward it to a third party at your express request (Art. 20 GDPR).

You may object to the use of your data for the future, i.e. for purposes other than contract processing or processing in our legitimate interest (Art. 21 GDPR). If you have given us your consent to data processing, this is revocable with effect for the future. You also have the right to request only a restriction of data use for specific purposes (Art. 18 GDPR).

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or place of the alleged infringement, if you believe that the processing of personal data concerning you violates the GDPR (Article 77 GDPR in conjunction with Section 19 BDSG).

If you believe that we are processing your data in violation of applicable data protection laws, please contact us to answer any questions you may have. Of course, you also have the right to contact the supervisory authority responsible for us after our company headquarters:

Bavarian State Office for Data Protection Supervision (BayLDA)
Promenade 27
91522 Ansbach
email: poststelle@lda.bayern.de

III. Which personal data is processed and from which sources does this data come?

1. Source of personal data
   
   We primarily process the data that you provide to us directly as part of your application, in particular when submitting your application documents or information during job interviews. We may also visit your profiles on professionally oriented platforms such as XING or LinkedIn. Other data is automatically collected by our IT systems when you visit the website.
   
   We may receive data via online job boards and similar online platforms (e.g. monster.de, a service provided by Monster Worldwide Deutschland GmbH, Ludwig-Erhard-Straße 14, 65760 Eschborn), on which we place job offers and to which you have submitted your application documents to us in accordance with the relevant terms of use and data protection regulations of the online platform or which suggest your profile to us as a suitable candidate for a position advertised by us.
2. Categories of personal data
   
   The personal data that we regularly process includes personal name/contact details such as: first and last name, address, e-mail address, telephone number, date of birth.
   
   In addition, we process the data that you send us with your application documents (curriculum vitae, photographs, certificates, etc.).
   
   Please note that, in particular, CVs, certificates and other data you provide to us may contain particularly sensitive information about mental and physical health, racial or ethnic origin, political opinions, religious or philosophical beliefs, memberships in a trade union or political party, or sex life. If you voluntarily provide us with such special personal data (see Article 9 Paragraph 1 GDPR), the processing is carried out under the additional conditions of Article 9 Paragraph 2 GDPR. We do not need any information from you that cannot be used under the General Equal Treatment Act under German law or any other national or international equal treatment law. Please also do not forward any confidential information or trade secrets from your former or current employer to us.

IV. Am I required to provide data?

Applications for jobs advertised by us are voluntary. Which of the data provided is processed in detail depends largely on the position to be filled. At the very least, we need data regarding your previous school/professional career, your qualifications, your skills and personal details in order to be able to assess whether your application is suitable for the vacancy. In this context, the processing of your data is usually mandatory to prepare and complete the application process. If you do not provide us with any or insufficient data, this may mean that we are unable to consider you as an applicant when filling the vacancy, or being unable to complete the application process.

However, you are not obliged to give consent to data processing with regard to data that is not relevant or not required by law for the fulfilment of the contract.

V. For what purposes and on which legal basis is the data processed?

We process your data in accordance with the applicable legal provisions in the currently applicable version, in particular on the following basis:

The basis for processing personal data in the application process is at least one of the following legal bases:

Personal data is processed for the purpose of personnel selection to fill vacant positions in order to initiate an employment contract relationship (Art. 6 para. 1 lit. b GDPR, or Art. 88 GDPR in conjunction with § 26 BDSG).

On the basis of a balance of interests, data processing may take place beyond the actual initiation of an employment contract to protect our legitimate interests in selecting personnel and evaluating whether an applicant and the position to be filled are a match (Art. 6 para. 1 lit. f GDPR). This is permitted unless your interests or fundamental rights and freedoms that require the protection of personal data prevail. Data processing to protect legitimate interests takes place, for example, in the following cases:

• Use of lawyers in drafting employment contracts, asserting legal claims and defending in legal disputes
• Use of job boards, recruiters, service providers to carry out recruiting processes
• Applicant satisfaction surveys
• Business management measures and further development of our application process
• Ensuring the IT security and IT operation of our company
• Building and plant safety measures

Your data may be processed in part for the purpose of meeting various legal obligations and requirements to which we are subject, e.g. notifications to the Employment Agency, information to offices, authorities, courts or other public institutions and health insurance companies (Art. 6 para. 1 lit. c GDPR).

If you have given us consent to process your data in individual cases, processing will take place in accordance with the purposes set out in the declaration of consent and to the extent agreed therein (Art. 6 para. 1 lit. a GDPR). A given consent can be withdrawn at any time with effect for the future. To do so, please use the contact details given above. Please note that processing that took place before the revocation is not affected by the revocation and that data processing may continue to be possible, at least in part, on the basis of another legal basis.

VI. Who receives my data?

We provide your data to those employees or organizational units who need it to fulfill our contractual and legal obligations or to process or pursue our legitimate interests, primarily the HR department and the management level of the specialist department within which the position is to be filled.

Your data will be passed on to initiate or process an employment contract relationship (Art. 6 para. 1 lit. b GDPR, Art. 88 GDPR in conjunction with § 26 BDSG) and on the basis of our legitimate interests (Art. 6 para. 1 lit. f GDPR) in particular to companies that we regularly use in connection with providing our services or processing contracts. This applies to the following recipients or categories of recipients:

• insurances
• banks
• IT service providers (e.g. email service providers, web hosting companies)
• Communications provider (telephone provider, fax provider)
• Tax and legal advisors

Service providers and processors commissioned by us will receive your data if they need the data to perform their respective services.

VII. How long will my data be stored?

Your personal data will only be used for the purpose for which you have provided it to us or for which you have given us your consent to process and stored until this specific purpose has been fulfilled. After the purpose has been fully processed, or as soon as you ask us to delete your data, your data will only be stored for as long as is necessary or permitted due to legal limitation periods or retention periods. However, at the latest after expiry of all deadlines, the data will be deleted unless you have expressly consented to further or different use. You can also assert rights during storage periods, such as blocking your data. For this, see A. point II.

If, after the application process has been completed, or if you withdraw your application beforehand, we will store your data for a period of 6 months from this point on in order to be able to comply with any documentation requirements under the Equal Treatment Act (AGG) and to defend ourselves against any legal claims.

You may receive an invitation to join our talent pool during the application process. If you have consented to us keeping your application data in our talent pool in order to inform you in future of possible job offers that match your application despite a rejection, we will store this data beyond the rejection in accordance with the consent you have given (usually for a period of 12 months, unless a longer period of time was specified in the consent). In detail, please note the information provided in connection with the declaration of consent.

In the event of a successful application, we store the provided applicant data in the personnel file for the purpose and for the duration of the employment relationship.

C. Miscellaneous

As a result of the further development of our website or our offers and due to changed legal or official requirements, it may be necessary to amend this privacy policy. You can access the current privacy policy at any time on our website and print it out if necessary.