Information on handling your data as an applicant

An obligation arising from the General Data Protection Regulation.

1. Preliminary remark
The following points are intended to provide you with information about your data. The legislator has determined which information is necessary for this.
 

If you want to know more about this, you will find it in the General Data Protection Regulation in Articles 12 to 22 and 34. The text of the General Data Protection Regulation is available on the Internet at the following dsgvo-gesetz.de. If you have any further questions about the General Data Protection Regulation, you can contact the data protection officer and/or the administration at any time.

2. What is personal data?
All information that relates to an identified or identifiable person. A person is identifiable if he or she can be identified directly or indirectly. This can be done, for example, by assigning an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics.

3. Basic information
3.1 Who is responsible for processing my data?
The person responsible for data processing is

SCHMITZ-WILA GmbH
Niedereimerfeld 29
D 59823 Arnsberg
Tel.  +49 2932 96770
E-Mail: bewerbung@schmitz-wila.com

3.2 How can I contact you?
Contact person: Human Resources Department
E-Mail: bewerbung@schmitz-wila.com                                              

3.3 Which authority is responsible for control and compliance with data protection law?
Responsible data protection supervisory authority:

Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen
(State Commissioner for Data Protection and Freedom of Information of North Rhine-Westphalia)
Kavalleriestr. 2 - 4
40213 Düsseldorf
Tel.: +49 211 38424-0
E-Mail: poststelle@ldi.nrw.de

3.4 How can I contact the company's data protection officer?
The data protection officer of our company is Mr. Karl-Uwe Lüllemann. The data protection officer can be reached as follows:

SK-Consulting Group GmbH
Osterweg 2
32549 Bad Oeynhausen
E-Mail: datenschutz@schmitz-wila.com

4. Other important information
4.1 Data collection in the application process (Why?)
Before you decide in favor of us and us in favor of you, we would like to get to know each other. In the first step, we regularly use the information and documents that you send us in writing or in text form for this purpose. The next step is to get to know each other personally, during which we learn even more about each other. The purpose of this data collection is to make a well-founded decision for a long-term cooperation.

4.2 Why are we allowed to do this?
Data protection law permits (in accordance with Section 26 (1) Sentence 1 BDSG n.F. in conjunction with Article 88 (1) DSGVO) the collection of data required for the establishment of the employment relationship. If you voluntarily provide us with things about yourself that go beyond what is necessary, data protection law allows us to do so in the context of consent (pursuant to Article 6 (1) sentence 1 lit. a DSGVO).

The legal basis for the collection of the above-mentioned mandatory information is Section 26 (1) Sentence 1 BDSG n.F. in conjunction with Article 88 (1) DSGVO.

4.3 Who can receive data from me?
In the course of processing, your data may be transmitted to:

• Persons within our company who are directly involved in data processing (e.g., HR department)
•  Service providers who are contractually bound and obliged to maintain confidentiality and who perform partial data processing tasks
• External companies, if this is necessary. Examples are postal service providers for the delivery of letters

4.4 Will you transfer data from me to countries outside the European Union?
This is not planned by us. An exception to this would only be conceivable if you were to initiate this, e.g. if you were to provide us with the account details of a bank outside the European Union to which we should transfer money. The legal basis for this is Article 6(1)(b) DSGVO, Section 24 BDSG n.F., Article 49(1)(b) DSGVO.

4.5 How long will you store my data?
We will store your data for the time we need it to achieve the purposes outlined in 4.1 above. Paper documents will be returned or digital documents deleted no later than six months after the decision is made. This deadline arises as protection against recourse under the General Equal Treatment Act (AGG). However, there may be legal regulations (e.g. the German Fiscal Code § 147) that require us to retain certain documents for six or ten years. After the retention period has expired, we delete data that is no longer required.

4.6 Do I have to provide my data?
In order to achieve the reasons outlined in point 4.1, it is necessary that you provide us with your personal data for pleasure.

This is mandatory for a conclusion of the contract with you. In case of non-provision we cannot conclude a contract with you.

In case of complaints, you can always contact the competent supervisory authority. For our company, the supervisory authority mentioned in point 3.3. is responsible.

You have the right to have this judicially reviewed, according to Article 78 DSGVO, against a supervisory authority as well as, according to Article 79 DSGVO against our company.

4.7 Automated decision making / profiling
Automated decision making / profiling does not take place.

5. What rights do I have?
5.1 Note on your rights
As a data subject of a data processing operation, you have, among others, the following rights under the General Data Protection Regulation (hereinafter also referred to as "data subject rights" for short):

5.2 Rights of access (according to Article 15 DSGVO)
You have the right to request information about whether or not we are processing personal data relating to you. If we process personal data about you, you have the right to know,

• why we process your data (see also point 4.1);
• what types of data we process from you;
• what kind of recipients, data from you receive or should receive (see also point 4.3);
• how long we will store your data; if it is not possible to specify the storage period, we must state how the storage period is determined (e.g. after the expiry of legal retention periods) (see also point 4.5);
• that you have a right to rectification and deletion of the data concerning you, including the right to restrict processing and/or the possibility to object (see also points 5.2, 5.3 and following);
• that you have a right of appeal to a supervisory authority;
• where your data comes from, if we have not collected it directly from you;
• whether your data is used for automated decision-making and, if so, to know what logic underlies the decision and what effects and scope the automated decision may have for you;
• that if data about you is transferred to a country outside the European Union, you have the right to be informed whether and, if so, on the basis of which guarantees an adequate level of protection is ensured for the recipient of the data;
• that you have the right to request a copy of your personal data. Copies of data are always provided in electronic form.
• The first copy is free of charge; an appropriate fee may be charged for further copies. A copy can only be provided insofar as the rights of other persons are not affected by this.

5.3 Right to rectification of data (according to Article 16 DSGVO)
You have the right to ask us to correct your data if it is incorrect and/or incomplete. This right also includes the right to completion through supplementary declarations or notifications. Correction and/or completion must take place without culpable hesitation.

5.4 Right to erasure of personal data (according to Article 17 of the GDPR)
You have the right to request us to delete your personal data if

• the personal data are no longer necessary for the purposes for which they were collected and processed;
• the data processing is based on your consent and you have revoked your consent; however, this does not apply if there is another legal permission for the data processing;
• you have objected to data processing whose legal permission is based on so-called "legitimate interest" (according to Article 6(1)(e) or (f)); however, erasure need not take place if there are overriding legitimate grounds for further processing;
• you have objected to data processing for the purpose of direct marketing;
• your personal data have been processed unlawfully;
• it is a child's data collected for information society services (=electronic service) on the basis of consent (pursuant to Art. 8 (1) DSGVO).
• There is no right to erasure of personal data if
• the right to freedom of expression and information precludes the request for erasure;
• the processing of personal data
• to comply with a legal obligation (e.g. statutory retention obligations),
• for the performance of public duties and interests under applicable law (this includes "public health"); or
• is necessary for archiving and/or research purposes;
• the personal data is necessary for the assertion, exercise or defence of legal claims.

The deletion must take place immediately (without culpable delay). If personal data has been made public by us (e.g. on the Internet), we must ensure, as far as is technically possible and reasonable, that other data processors are also informed of the deletion request, including the deletion of links, copies and/or replications.

5.5 Right to restriction of data processing (according to Article 18 DSGVO)
You have the right to have the processing of your personal data restricted in the following cases:

• If you have disputed the accuracy of your personal data, you can demand that we do not use your data for any other purpose for the duration of the verification of the accuracy and thus restrict its processing.
• In the event of unlawful data processing, you can request the restriction of data use instead of data deletion;
• If you need your personal data to assert, exercise or defend legal claims, but we no longer need your personal data, you can request that we restrict processing to the purposes of legal proceedings;
• If you have objected to data processing (pursuant to Art. 21 (1) DSGVO) (see also point 5.7) and it is not yet clear whether our interests in processing outweigh your interests, you may request that your data not be used for other purposes for the duration of the review and thus that its processing be restricted.

Personal data the processing of which has been restricted at their request may - subject to storage - only be processed with their

• with their consent,
• for the establishment, exercise or defence of legal claims,
• to protect the rights of other natural or legal persons, or
• for reasons of important public interest.

If a processing restriction is lifted, you will be informed in advance.

5.6 Right to data portability (according to Article 20 DSGVO)
You have the right to request the data you have provided to us in a commonly used electronic format (e.g. as a PDF or Excel document).

You may also request us to transfer this data directly to another (designated) company, provided that this is technically possible for us.

The prerequisite for you to have this right is that the processing is carried out by on the basis of consent or for the performance of a contract and is carried out with the help of automated processes.

Exercising the right to data portability does not affect the rights and freedoms of other individuals

If you make use of the right to data portability, you still have the right to data erasure according to Article 17 of the GDPR.

5.7 Right to object to certain data processing (under Article 21 of the GDPR)
If your data are processed for the performance of tasks in the public interest or for the exercise of legitimate interests, you may object to this processing. To do so, you must provide us with the reasons arising from your particular situation for your objection. These can be, for example, special family circumstances or confidentiality interests worthy of protection.

In the event of an objection, we must refrain from any further processing of your data for the above-mentioned purposes, unless,

• there are compelling legitimate grounds for processing which override their interests, rights and freedoms, or
• the processing is necessary for the assertion, exercise or defence of legal claims.

You may object to the use of your data for the purpose of direct marketing at any time; this also applies to profiling insofar as it is related to direct marketing. In the event of an objection, we may no longer use your data for the purpose of direct advertising.

Direct advertising and/or profiling will not be initiated or carried out by us in any case.

5.8 Prohibition of automated decisions/profiling (according to Article 22 DSGVO)
Decisions by us that have a legal consequence for you or significantly affect you must not be based solely on automated processing of personal data. This also includes profiling. This prohibition shall not apply insofar as the automated decision is

• is necessary for the conclusion or performance of a contract with you,
• is permissible on the basis of legal provisions, if these legal provisions contain appropriate measures to protect your rights and freedoms as well as your legitimate interests, or
• is made with your express consent.
• Entscheidungen, die ausschließlich auf einer automatisierten Verarbeitung besondere Kategorien personenbezogener Daten (=sensible Daten) beruhen, sind nur dann zulässig, wenn sie auf Grundlage
• your explicit consent is given, or
• there is a substantial public interest in the processing

and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.

5.9 Exercise of data subject rights
To exercise your data subject rights, please contact the office mentioned under point 3.2. Requests submitted electronically are usually answered electronically. The information, notifications and measures to be provided in accordance with the GDPR, including "the exercise of data subject rights, are generally provided free of charge. Only in the case of manifestly unfounded or excessive requests are we entitled to charge an appropriate fee for processing or to refrain from taking action (according to Article 12(5) of the GDPR).

If there is reasonable doubt about your identity, we may request additional information from you for the purpose of identification. If we are unable to identify you, we are entitled to refuse to process your request. If we are unable to identify you, we will notify you separately, where possible. (see Article 12(6) and Article 11 DSGVO).

Requests for information will normally be processed without delay, within one month of receipt of the request. The deadline may be extended by a further two months if this is necessary, taking into account the complexity and/or number of requests; in the event of an extension of the deadline, we will inform you of the reasons for the delay within one month of receipt of your request. If we do not act on a request, we will inform you without delay, within one month of receipt of the request, of the reasons for this and inform you of the possibility of lodging a complaint with a supervisory authority or seeking a judicial remedy. (see Article 12(3) and (4) GDPR).

Please note that you can only exercise your data protection rights within the limits and restrictions provided for by the Union or the Member States. (Article 23 GDPR)