(as of: January 2020)
Thank you very much for your interest in exccon and for the time you have taken for our job descriptions or the application for one of our advertised positions.
A. General information on data protection and data subject rights
I. Who is responsible for data processing and who can you contact if you have any questions?
“Controller” according to the GDPR is:
phone: +49 89 189 04 775-0
fax: +49 89 189 04 775-99
Our appointed data protection officer can be contacted at:
Rechtsanwalt Richard Metz
Lohmanns Lankes & Partner PartGmbB, Rechtsanwälte und Patentanwalt
Tel: 089 / 552 75 500
As far as you assert rights, have questions, suggestions or complaints, we recommend that you direct them to the following contact details:
phone: +49 89 189 04 7750
II. What rights do you have with regard to your personal data?
If your personal data is processed, you are the “data subject” as defined by the GDPR, which means that you may be entitled to the rights described below.
Upon request, we will inform you as soon as possible and in writing whether and what personal data about you is stored by us (Art. 15 GDPR). If, despite our efforts to ensure that our data is correct and up-to-date, incorrect data is stored, we will correct it upon request (Art. 16 GDPR). In addition to this right to correction, you may also have the right to block and delete the personal data we have collected (Art. 17 GDPR). However, it might happen that we cannot immediately comply with every request for deletion for legal reasons, especially due to tax or commercial law regulations, or for contractual reasons. In addition, you have the right to request that we transfer your data to you in a structured, common and machine-readable format or, at your express request, forward it to a third party (Art. 20 GDPR).
You may object to the use of your data for the future, i.e. for other or further purposes than the execution of the contract or processing in our legitimate interest (Art. 21 GDPR). If you have given us your consent to process your data, this consent is revocable, with effect for the future. You also have the right to demand only a restriction of the use of your data for specific purposes (Art. 18 GDPR).
Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes upon GDPR (Art. 77 GDPR in conjunction with § 19 BDSG).
If you are of the opinion that we violate applicable data protection law when processing your data, please contact us in order to clarify any questions. Of course, you also have the right to contact the supervisory authority responsible for our company headquarters:
Bayerisches Landesamt für Datenschutzaufsicht (BayLDA)
Promenade 27, 91522 Ansbach, E-Mail: firstname.lastname@example.org
III. Which personal data are processed and from which sources?
1. Origin of the personal data
We mainly process the data that we receive directly from you in the context of your application, especially when you submit your application documents or give us information in job interviews. We may also visit your profiles on job-oriented platforms such as XING or LinkedIn. Other data is automatically collected by our IT systems when you visit the website.
2. Categories of personal data
Among the personal data that we regularly process are personal master/contact data such as: first and last name, address, e-mail address, telephone number, date of birth.
In addition, we process the data you send us with your application documents (CV, photographs, certificates, etc.).
Please note that, in particular, CVs, certificates and other data you have submitted to us may contain particularly sensitive information about mental and physical health, racial or ethnic origin, political opinions, religious or philosophical beliefs, membership of a trade union or political party or sex life. If you voluntarily provide us with such special personal data (see Art. 9 para. 1 GDPR), the processing will be carried out under the additional conditions of Art. 9 para. 2 GDPR. We do not require any information from you that is not usable under the General Equal Treatment Act under German law (“Allgemeines Gleichbehandlungsgesetz”) or any other national or international equal treatment act. Please also do not forward us any confidential information or trade secrets of your former or current employer.
IV. Am I obliged to provide data?
The application for jobs advertised by us is voluntary. Which of the data provided to us will be processed in detail, depends largely on the job position to be filled. At least we need data regarding your previous school/professional career, your qualifications, your skills and personal details in order to assess whether your application is suitable for the position to be filled. In this context, the processing of your data is usually mandatory for the preparation and conclusion of the application procedure. If you do not provide us with any data, or not enough data, this may mean that we cannot consider you as an applicant for the position, and may have to reject you as an applicant or may no longer be able to carry out the application procedure.
However, you are not obliged to give your consent to data processing with regard to data that is not relevant or not legally required for the performance of the application process.
V. For which purposes and on what legal basis are data processed?
We process your data in accordance with the applicable legal provisions in the currently valid version, in particular on the following basis:
Personal data is processed for the purpose of personnel selection to fill open positions in order to initiate an employment contract (Art. 6 Para. 1 lit. b GDPR or Art. 88 GDPR in conjunction with § 26 BDSG).
On the basis of a weighing up of interests, data processing may be carried out beyond the actual initiation of an employment contract, in order to safeguard our legitimate interests in the selection of personnel and to assess whether an applicant and the position to be filled fit together (Art. 6 Para. 1 lit.f GDPR). This is permissible unless your interests or fundamental rights and freedoms override our interests and therefore require the protection of your personal data. Data processing for the purpose of our legitimate interests is carried out, for example, in the following cases:
· Assignment of attorneys for the drafting of employment contracts, assertion of legal claims and defence in legal disputes
· Commissioning of job portals, recruitment agencies, service providers for the implementation of recruiting procedures
· applicant satisfaction surveys
· Measures for business management and further development of our application procedure
· Ensuring the IT security and IT operation of our company
· Measures for building and facility safety
A processing of your data can partly be done for the purpose of fulfilling different legal obligations and requirements to which we are subject, e.g. reports 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, in individual cases, you have given us your consent to process your data, it will be processed in accordance with the purposes and to the extent agreed in the declaration of consent. Consent given, e.g. for sending a newsletter, can be revoked at any time with effect for the future. For this purpose, please contact the contact data listed above. Please note that processing which took place before the withdrawal is not affected by the withdrawal and under certain circumstances data processing may continue to be possible at least partially on the grounds of some other legal basis.
VI. Who receives my data?
At exccon, those employees or organizational units who need your data to fulfill our contractual and legal obligations or to process or pursue our legitimate interests, mainly the human resources department and the management level of the specialist department within which the position is to be filled.
Your data will be forwarded to initiate or process an employment contract (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 the provision application relevant services or for the processing of employment contracts. This applies to the following recipients or recipient categories:
· – IT service provider (e.g. e-mail service provider, web hosting companies)
· – Communication provider (telephone provider, fax provider)
· – chartered accountants and lawyers
Service providers and processors commissioned by us will receive your data if they require the data to perform their respective services.
VII. Wie lange werden meine Daten gespeichert?
Your personal data will only be used for the purposes for which you have provided them to us or for which you have given us your consent to process your data, and will be stored until each specific purpose is fulfilled. After a purpose has been completely fulfilled, or as soon as you request us to delete your data, your data will only be stored as long as it is necessary or permissible due to statutory limitation periods or retention periods. However, the data will be deleted at the latest after expiry of all time limits, unless you have expressly consented to further or other use. You can also assert rights during the retention periods, such as the blocking of your data. Please see A. Point II.
If your application is rejected after the end of the application procedure, or if you withdraw your application before, we will store your data for a period of 6 months from this point in time, in order to be able to comply with any obligations to provide evidence under the Equal Treatment Act (“AGG”) and to defend ourselves against any legal claims.
If applicable, you will receive an invitation to join our talent pool during the application process. If you have consented to us storing your application data in our talent pool in order to inform you of possible future 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 us (generally for a period of 12 months, unless a longer period is specified in the consent). Please note in detail the information provided in connection with the declaration of consent.
In the event of a successful application, we store the applicant data provided in the personnel file for the purpose and for the duration of the employment relationship.
Due to the further development of our Website or our offers as well as due to changed legal or official requirements, it may become necessary to change this data protection declaration. You can access the current data protection declaration on our Website at any time and print it out if necessary.