Data privacy for applicants
Information on the Processing of Personal Data of Applicants pursuant to Articles 13 and 14 of GDPR
- Definition of Terms
This information is based on the terms used by the European legislator when they issued the General Data Protection Regulation (GDPR). Therefore, we wish to refer to the definitions in Article 4 of GDPR.
These are available at: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679&from=EN
- Name and Contact Details of the Controller and the Company’s Data Protection Officer
Controller in terms of the GDPR is:
DILO Armaturen und Anlagen GmbH
Frundsbergstr. 36
87727 Babenhausen
Tel.: +49 8333 302 0
Fax: +49 8333 302 52
Email: info(at)dilo-gmbh(dot)com
represented by the managing director Christian Scheller, Dr. Klaus Jostschulte
You may contact our Data Protection Officer:
by post: at the above address to the attention of the Data Protection Officer
by email: datenschutz(at)dilo-gmbh(dot)com - Data on Data Processing
- Scope of personal data processing
We process personal data pursuant to the principles under data protection laws only to the extent required, insofar as we are allowed based on the applicable legal provisions or if we are obliged to do so.
- Data sources / types of data
We process personal data that we receive from your application documents and interviews.
We process, in particular
• general data on your person (name, address, contact data);
• Information about knowledge and abilities, such as education and work references, CV and assessments.
Other relevant personal data might be:
• health data, if such are relevant for the employment relationship;
• data which were published by the applicant (m/f/d) in the professional social networks LinkedIn and XING.
- Purpose of the processing and legal basis
We will process personal data to decide on the establishment of an employment relationship. Legal basis is Article 88(1) of GDPR in conjunction with Sec. 26 of the BDSG [German Federal Data Protection Act].
In addition, we will process your data, if necessary, to safeguard our legitimate interests pursuant to point (f) of Article 6(1).
This includes:
• Identification of multiple applications;
• Comparison of the first name and name with EU terror lists prior to the establishment of employment relationships;
• Assertion and defence against asserted legal claims in the context of the application procedure.
When you have given your consent to the processing of personal data pursuant to point (a) of Article 6(1) of GDPR, Article 88(1) of GDPR in conjunction with Sec. 26(2) of the BDSG, we will use your data to the extent and for the pupose described in the statement of consent.
We process special categories of personal data pursuant to Article 9(1) of GDPR for employment purposes if that is necessary for exercising rights or for the performance of legal duties arising from labour law, social security law and social protection. Legal basis is Article 88 (1) of GDPR in conjunction with Sec. 26 26(3) of the BDSG. Additionally, a processing of special categories of personal data can be made on the basis of consent pursuant to point (a) of Article 9(2) of GDPR in conjunction with Sec. 26 of the BDSG.
- Recipients of personal data
Your data can be accessed by persons and units within our company who/which are involved in taking the decision about an establishment of an employment relationship with you or in implementing our justified interests, such as e.g. the human resources department, management, superiors in your field of expertise, works council, representations of severely disabled persons.
In addition, no data will be disclosed to recipients outside of the company, unless permitted or prescribed by law or if you have given your consent. Under these circumstances, recipients of personal data might be, for example:
• lawyer;
• service provider in data processing relationships.
We will not transfer any personal data to any third countries (states outside of the European Economic Area).
- Storage duration of the data
Personal data of rejected applicants (m/f/d) will be deleted or returned, in individual cases, six months after the completion of the application process.
Applications which might be stored based on your consent to be used for future job vacancies will be stored for a maximum period of 24 months.
Personal data which we process based on a legitimate interest will be erased as soon as we have no longer any legitimate interest in the data processing or if you have effectively withdrawn your consent.
Personal data of successful applicants (m/f/d) will be taken over to the personnel file.
- Automated decision-making in individual cases
We use no automated decision-making or profiling to take decisions on the establishment of employment relationships.
- Obligation to provide data
During the course of the application process, you are only required to provide such personal data as is required for the decision on the establishment of an employment relationship. These are normally data on knowledge and abilities such as training and work references, CV and assessments, in addition to name and contact data. Without such data, we will be unable to assess whether you have the necessary knowledge and abilities for the position for which you apply, and you will not be considered in the selection process.
- Rights of data subjects
You have comprehensive rights regarding the processing of your personal data. Below, we will inform you about such rights:
• Right of access
You have the right of access about the data we have stored about you, in particular, for which purpose they are processed and for how long they will be stored (Article 15 of GDPR).
• Right to rectification
You have the right to request us to immediately rectify the personal data about you, insofar as such are incorrect (Article 16 of GDPR).
• Right to withdraw consent
You have the right to withdraw your consent, at any time. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal (Article 7(3) of GDPR).
• Right to erasure
You have the right to request that your personal data be erased. The preconditions prescribe that you might request the erasure of your data if we, e.g. no longer need the personal data for the purposes for which they were collected or processed in any other way, if we process the data unlawfully or if you have withdrawn your consent or if we are under a legal obligation of erasure (Article 17 of GDPR).
• Right to data portability
You have the right to be provided with the personal data you provided to us in a structured, common, machine-readable format (Article 20 of GDPR), unless such have already been erased and if the relevant preconditions of Article 20 of the GDPR are met.
• Right to object
You have the right, on grounds relating to your particular situation, to submit an objection to the processing of personal data regarding your person at any time (Article 21 of GDPR). We will no longer process your personal data for these reasons, unless we have proof of compelling and legitimate grounds for the processing which prevail over your interests, rights and freedoms, or where the processing is necessary for the establishment, exercise or defence of legal claims.
• Right to lodge a complaint with a supervisory authority
You have the right to contact the above-mentioned Data Protection Officer or a data protection supervisory authority if you are of the opinion that the processing of the personal data relating to you infringes the General Data Protection Regulation (Art. 77 of GDPR). The competent supervisory authority is:
Bayerisches Landesamt für Datenschutzaufsicht [Data Protection Authority of Bavaria] (BayLDA)
Promenade 18
91522 Ansbach
- Scope of personal data processing