Applicants

Information for persons affected about the processing of your personal data as per Article 13 GDPR by Bernard van Lengerich Maschinenfabrik GmbH & Co. KG

Category: Applicant (M/F/X)

To comply with our information obligations as per Art. 13 of the General Data Protection Regulations (GDPR), we are pleased to provide you with the following information about data protection:

 

I. Name and contact details of the Controller

In accordance with Art. 4(7) GDPR and other national data protection laws of Member States and other data protection regulations, the Controller is:

Bernard van Lengerich Maschinenfabrik GmbH & Co. KG
Grenzstraße 16
48488 Emsbüren, Germany
Tel.: +49 5903 951 0
Fax: +49 5903 951 34
E-Mail: info@bvl-group.de
Website: https://www.bvl-group.de/

 

II. Contact details of the Data Protection Officer

E-Mail: datenschutzbeauftragter@bvl-group.de

or our postal address with the addition of “F.A.O. The Data Protection Officer”:

Bernard van Lengerich Maschinenfabrik GmbH & Co. KG (hereinafter referred to as BvL)
Grenzstraße 16
48488 Emsbüren, Germany

 

III. No transfer to third countries and no transfer to an international organisation

Your personal data is not transferred to a third country or an international organisation, and is not intended.

 

IV. No automated decision-making or profiling

As part of the application process, no automated decision-making or profiling occurs as per Art. 22 GDPR.

 

V. Purposes for processing your personal data

1. Address management and email communication
2. Completing the application process
3. Data that is used as part of the application process to assert, exercise or defend potential legal claims (e.g. claims arising from the German General Equal Treatment Act)
4. Transferring data to your personnel file if successful
5. Managing the data-protection rights of Data Subjects
6. Including applicant data in an applicant pool

 

VI. Legal grounds for processing your personal data

Re. 1: Managing and processing your address is part of the application process. It is necessary to process your personal data in order to establish an employment relationship with you as a person affected, provided we process your data in accordance with point (b) of Art. 6(1.1.) GDPR and Section 26.1.1. of the German Federal Data Protection Act (BDSG).

Re. 2: Since it is necessary to process your personal data in order to establish an employment relationship with you as a person affected, we process your data in accordance with point (b) of Art. 6(1.1.) GDPR and Section 26.1.1. of the German Federal Data Protection Act (BDSG).

Re. 3: We use your personal data that we have obtained as part of the application process to assert, exercise or defend potential legal claims (e.g. if BvL were to be subject to claims arising from the German General Equal Treatment Act). The legal grounds for processing are those listed in point (f) of Art. 6(1) GDPR. For the above-mentioned reasons, BvL has a legitimate interest to use personal data.

Re. 4: Following appointment, the data will be transferred to the potential employee’s personnel file. The legal grounds for processing are those listed in Section 26.1.1. of the German Federal Data Protection Act (BDSG).

Re. 5: Processing occurs to adhere to and meet the legal commitment that BvL as Controller as per Art. 4(7) GDPR must comply with to honour the data-protection rights of the Data Subject stipulated in Chapter III (Art. 12-22) GDPR. The legal grounds for processing are those listed in point (c) of Art. 6(1.1.) GDPR.

Re. 6: Your personal data may also be processed should your applicant data be included in an applicant pool if you are not appointed. To do so, we will ask for a separate declaration of consent so that we can store your application for future rounds of recruitment as per point (a) of Art. 6(1.1.) GDPR in conjunction with Section 26.2 of the German Federal Data Protection Act (BDSG).

 

VII. Description of the personal data categories

Re. 1: Contact data (last name, first name, email address, telephone number, address, type of contact, fax number), communication content.

Re. 2: Cover letter, CV, photograph, certifications, other qualification certificates and other data that you have voluntarily shared with us as part of the application process.

Re. 3: Key data, communication data, data to prove the application process was legally compliant.

Re. 4: Key data, communication data, cover letter, CV, photograph, certifications, other qualification certificates and other data that you have voluntarily shared with us as part of the application process.

Re. 5: Declaration of withdrawal of any of the declarations of consent you may have made; statements of objection that you may have made relating to the processing of your personal data; explanations and information that we have obtained from you to assert the data-protection rights of the Data Subject stipulated in Chapter III (Art. 12-22) GDPR.

Re. 6: Contact data (last name, first name, email address, telephone number, address, type of contact), communication content, cover letter, CV, photograph, certifications; for speculative applications, your preferred field of work, salary expectations, earliest possible start date and other qualification certificates and other data that you have voluntarily shared with us as part of the application process.

 

VIII. Categories of recipients with whom personal data was shared or will be shared

BvL employees who require the data to complete the application process (Management, specialist department, HR), as well as the telephone and IT service providers we use to carry out our business, with whom we have concluded appropriate contracts so that your personal data is protected at all times, and possibly the authorities to clarify any criminal investigations.

 

IX. Storage duration of your personal data

If you are not appointed at BvL following the application process, your data will be deleted within 6 months of your application being rejected. If you have consented to be included in the applicant pool, your data will be deleted after a period of two years following your declaration of consent, provided you are not offered a suitable position during this time. If you are successfully appointed at BvL, your personal data will be deleted following the discontinuation of the purpose of the data processing, at the latest following the conclusion of the employment relationship (storage limit), unless statutory retention periods conflict with deletion or statutory statutes of limitation.

 

X. Requirement to provide data

The provision of your personal data is neither required by law nor by contract. However, the provision of your personal data is required to complete the application process. If you do not provide your personal data, we cannot include you in the BvL application process.

 

XI. Rights of persons affected

If your personal data is processed, you are considered a Data Subject as per GDPR and you are entitled to the following rights vis-à-vis the Controller (BvL):

1. Right of access
   Under the provisions of Art. 15 GDPR, you shall have the right to obtain from the Controller at any time confirmation as to whether or not, and how, your personal data is being processed by us.
2. Right to rectification
   Under the provisions of Art. 16 GDPR, you shall have the right to obtain from the Controller the rectification and/or completion of incomplete data, provided the processed personal data that affects you is incorrect or incomplete. The Controller must rectify the data without undue delay.
3. Right to restriction of processing
   Under the provisions of Art. 18 GDPR, you shall have the right to obtain from the Controller restriction of processing.
4. Right to erasure and the “right to be forgotten”
   Under the provisions of Art. 17 GDPR, you shall have the right to obtain from the Controller the erasure of your personal data and to exercise the right to be forgotten.
5. Right of notification
   If you have exercised your right to obtain from the Controller rectification, erasure or restriction of processing, they are obligated to communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data has been disclosed, unless this proves impossible or involves disproportionate effort. Under the provisions of Art. 19 GDPR, you shall have the right to be informed of those recipients.
6. Right to data portability
   Under the provisions of Art. 20 GDPR, you shall have the right to receive your personal data, which you provided to the Controller, in a structured, commonly used and machine-readable format.
7. Right to object
   Under the provisions of Art. 21 GDPR, you shall have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data which is based on point (e) or (f) of Art. 6(1) GDPR, including profiling based on those provisions. As the Controller, BvL shall no longer process your personal data unless BvL demonstrates legitimate grounds for the processing which override your interests, rights and freedoms as the Data Subject or for the establishment, exercise or defence of legal claims.
8. Right to revoke the data-protection declaration of consent
   You have the right to revoke your data-protection declaration of consent at any time. The consent-based lawfulness of the processing that has taken place up until this revocation will not be affected by the withdrawal.
9. Right to lodge a complaint with a supervisory authority
   Without prejudice to any other administrative or judicial remedy, you shall 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 your consider that the processing of your personal data infringes GDPR. The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

 

The State Data Protection Supervisory Authority responsible for BvL is:

The State Data Protection Commissioner for Lower Saxony
Prinzenstraße 5,
30159 Hanover, Germany
Telephone: +49 511 120 45 00
Fax: +49 511 120 45 99
E-Mail: poststelle@lfd.niedersachsen.de