Data protection information for applicants

pursuant to Art. 13 and Art.14 of the General Data Protection Regulation GDPR

Data protection is an important issue for our company. In the following, you can find information how your data is processed and which rights you have.

1. Who is responsible for data protection and who can you contact?

ESA Elektroschaltanlagen Grimma GmbH, Broner Ring 30 in D-04668 Grimma

Phone: +49 3437 9211 0 / Fax: +49 3437 9211 26 / E-mail: Datenschutz@ESA-Grimma.de

2. Contact data of the data protection officer

Datenschutz@ESA-Grimma.de

3. Processing purposes and legal basis

Your personal data is processed according to the provisions of the General Data Protection Regulation (GDPR), Federal Data Protection Act FDPA and other relevant data protection regulations. You can find further details and information about the processing purposes in our contract documents, forms, declarations of consent and other documents provided to you (e. g. on our website or in the General Terms and Conditions.

3.1 Declaration of consent (Art. 6 para. 1 point a GDPR)

If you have given your consent with the processing of personal data, the respective declaration of consent is the legal basis for the therein mentioned processing. You can revoke declarations of consent at any time for the future.

3.2 Performance of contractual obligations (Art. 6 para. 1 point b GDPR)

We process your personal data for the purpose of handling the application process. Processing may also be carried out electronically. This is particularly the case if you send us your application documents electronically, for example by e-mail or via a web form on the website.

3.3 Compliance with legal obligations (Art. 6 para. 1 point c GDPR)

We process your personal data if this is required for the compliance with legal obligations.

3.4 Public interest (Art. 6 para. 1 point e GDPR)

We process your personal data if it is necessary for the performance of a task carried out in the public interest.

3.5 Legitimate interest by us or third parties (Art. 6 para. 1 point f GDPR)

We can also use your personal data on the basis of balancing of interests for the preservation of the legitimate interest by us or third parties. This is made for the following purposes:

• for obtaining information and data exchange with credit agencies if this exceeds our economic risks.
• for the limited storing of your data if deleting it is not possible or only with disproportionate high effort.
• for comparison with European and international anti-terror lists if this exceeds the legal obligations.
• for the further development of services and products as well as existing systems and processes.
• for the enrichment of our data by use of research of publicly accessible data.
• for the assertion of legal claims and defence in case of legal disputes which are directly attributable to the contractual relationship.
• for internal and external audits and/or safety inspections.
• for the possible monitoring or recording of phone calls for quality assurance and for training purposes.
• for certifications of issues under private law or of authorities.
• for the assurance and perception of our domiciliary right by respective measures (e. g. video surveillance).

4. Categories of personal data processed by us

The following data is processed:

• complete name
• contact data (e-mail address)
• complete application documents (as e. g. CV, certificates, references)

5. Who receives your data?

We pass your personal data within our company to the departments which need this data for the performance of the contractual and legal obligations resp. for the implementation of our legitimate interest.

In addition, the following bodies may receive your data:

• order processors engaged by us (Art. 28 GDPR) in particular in the section of IT services (e. g. logistics and print services, external data centres, support/maintenance of IT applications, archiving, document processing, call centre services, compliance services, controlling, data screening for anti-money laundering purposes, data validation resp. plausibility check, data destruction, purchase/procurement, customer administration, lettershops, marketing, media technology, research, risk controlling, settlement, telephony, website management, audit services, credit institutes, printing plants or companies for data removal, courier services, logistics)
• public authorities and institutions in case of existing legal or official obligations under which we are obliged to disclose, report or pass on data or the passing of data is in public interest
• authorities and institutions due to our legitimate interest or the legitimate interest of the third party (e. g. authoritites, credit agencies, debt collection, lawyers, experts, group companies and bodies and supervisory bodies)
• other bodies for which you have provided your consent for data transfer.

6. Transfer of your data to third countries or an international organisation

Data is not processed outside the EU resp. the EEA.

7.How long is your data stored?

If the controller enters into an employment contract with an applicant, the transferred data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents shall be automatically deleted three months after notification of the decision of refusal, provided that no other legitimate interests of the controller stand in the way of deletion. Other legitimate interest in this sense is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).

8. To what extent is there automated decision making in individual cases (including profiling)?

We do not use purely automated decision-making procedures in accordance with Article 22 GDPR. Should we use these procedures in individual cases, we will inform you of this separately, provided that this is required by law.

9. Your rights in data protection

You have the right to information pursuant to Art. 15 GDPR, the right to correction pursuant to Art. 16 GDPR, the right to cancellation pursuant to Art. 17 GDPR, the right to limitation of processing pursuant to Art. 18 GDPR and the right to data transferability pursuant to Art. 20 GDPR. In addition, there is a right of appeal to a data protection supervisory authority (Art. 77 GDPR). In principle, we have the right of objection to the processing of personal data in accordance with Article 21 GDPR. However, this right of objection only applies in the event of very special circumstances of your personal situation, whereby our company’s rights may conflict with your right of objection. If you wish to assert any of these rights, please contact our data protection officer (Datenschutz@ESA-Grimma.de).

10. Extent of your obligations to provide us with your data

You only have to provide the data which is needed for the application process. Without this information, we will usually not be able to conclude an employment contract with you. If we request further data from you, you will be separately informed of the voluntary nature of the data.

11. Your right of appeal to the competent supervisor authority

You have the right of appeal to the data protection authority (Art. 77 GDPR). The competent supervisor authority for us is:

Saxon Data Protection Officer, Devrient Straße 1, D-01067 Dresden