Data Protection for Applicants
Information on Data Protection according to Art. 13 GDPR – Application Process
We attach great importance to the protection of your personal data. As the protection of both your privacy and your business data is of particular importance to us, we will comply with the data protection regulations valid in Germany.
In the following, we inform you about the collection of personal data at the time of its collection.
1. Controller according to Art. 4 para. 7 GDPR
Galvanotechnik Jens Holzapfel GmbH
Jens Holzapfel
Bahnhofstraße 65, 99887 Georgenthal
Data Protection Officer:
Dr. Thomas Häring
Triapila GmbH
Torgauer Straße 231
04347 Leipzig
Email: datenschutz@galvanotechnik-holzapfel.de
2. Collection and Use of Personal Data
(1) We collect, store, and process your personal data to handle your application and the application process.
(2) When you contact us, the personal data actively transmitted by you will be stored and processed, insofar as this is necessary for the application process.
This includes the following data: name, first name, address, date of birth, email address, telephone number, the content of your application documents, such as cover letter, CV, certificates, qualification proofs, and your photo.
The collection and use of our users’ personal data regularly takes place only with the user’s consent. An exception applies in cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by legal regulations.
Insofar as we obtain consent from the applicant for processing personal data, Art. 6 para. 1 lit. a of the EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.
When processing personal data necessary for the performance of a contract to which the data subject is party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations necessary for carrying out pre-contractual measures.
Insofar as the processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.
If processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, and where such interests are not overridden by the interests or fundamental rights and freedoms of the applicant, Art. 6 para. 1 lit. f GDPR serves as the legal basis for processing.
(3) Your registered data is protected in our systems from unauthorized third-party access. This prevents data misuse.
(4) The personal data of the applicant will be deleted or blocked as soon as the application process is concluded, the decision was not in your favor, and provided that no legal retention obligations exist.
3. Right of Access
You can request confirmation from us as to whether personal data concerning you is being processed by us.
If such processing exists, you can request information from us about the following:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the planned duration for which the personal data concerning you will be stored, or, if specific information on this is not possible, the criteria used to determine that period;
(5) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by us, or a right to object to such processing;
(6) the right to lodge a complaint with a supervisory authority;
(7) all available information as to the source of the data if the personal data are not collected from the applicant;
(8) the existence of automated decision-making, including profiling, referred to in Art. 22 paras. 1 and 4 GDPR and – at least in those cases – meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
You have the right to request information as to whether the personal data concerning you is being transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.
4. Right to Rectification
You have a right to rectification and/or completion against us if the processed personal data concerning you is incorrect or incomplete. We will carry out the rectification without delay.
5. Right to Restriction of Processing
Under the following conditions, you may request the restriction of the processing of personal data concerning you if:
(1) You contest the accuracy of the personal data concerning you for a period enabling us to verify the accuracy of the personal data;
(2) The processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
(3) We no longer need the personal data for the purposes of the processing, but you require them for the establishment, exercise, or defense of legal claims; or
(4) You have objected to processing pursuant to Art. 21 (1) GDPR pending the verification whether our legitimate grounds override yours.
Where processing of personal data concerning you has been restricted, such data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise, or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by us before the restriction is lifted.
6. Right to Erasure
a) Obligation to Erase
You may request from us that the personal data concerning you be erased without delay, provided that one of the following reasons applies:
(1) The personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
(2) You withdraw your consent on which the processing was based according to Art. 6 (1) (a) or Art. 9 (2) (a) GDPR, and where there is no other legal ground for the processing.
(3) You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.
(4) The personal data concerning you have been unlawfully processed.
(5) The personal data concerning you must be erased for compliance with a legal obligation in Union or Member State law to which we are subject.
(6) The personal data concerning you have been collected in relation to the offer of information society services referred to in Art. 8 (1) GDPR.
(b) Information to Third Parties
Where we have made the personal data concerning you public and are obliged pursuant to Art. 17 (1) GDPR to erase the personal data, we shall take reasonable steps, including technical measures, taking into account available technology and the cost of implementation, to inform controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
(c) Exceptions
The right to erasure shall not apply to the extent that processing is necessary
(1) For exercising the right of freedom of expression and information;
(2) For compliance with a legal obligation which requires processing by Union or Member State law to which we are subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in us;
(3) For reasons of public interest in the area of public health in accordance with Art. 9 (2) (h) and (i) as well as Art. 9 (3) GDPR;
(4) For archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 (1) GDPR in so far as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(5) for the establishment, exercise or defense of legal claims.
7. Right to Notification
If you have asserted the right to rectification, erasure, or restriction of processing against us, we are obliged to communicate this rectification or erasure of data or restriction of processing to all recipients to whom the personal data concerning you have been disclosed, unless this proves impossible or involves disproportionate effort.
You have the right to be informed about these recipients by us.
8. Right to Data Portability
You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format. You also have the right to transmit these data to another controller without hindrance from us, provided that
(1) the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
(2) the processing is carried out by automated means.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from us to another controller, where technically feasible. This shall not adversely affect the rights and freedoms of others.
The right to data portability shall not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.
9. Right to Withdraw and Object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Art. 6 para. 1 lit. e or f GDPR; this also applies to profiling based on these provisions.
We shall no longer process the personal data concerning you unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims.
Where personal data concerning you are processed for direct marketing purposes, you shall have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility, in the context of the use of information society services – notwithstanding Directive 2002/58/EC – to exercise your right to object by automated means using technical specifications.
Right to withdraw the data protection consent declaration
You have the right to withdraw your data protection consent declaration at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
10. Right to Lodge a Complaint with a Supervisory Authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the 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.
11. Confidentiality
(1) We shall maintain confidentiality regarding all information to be treated as confidential that has come to our knowledge in advance and within the framework of the contractual relationship, or shall only use it with the prior agreement of the respective other contracting party towards third parties – for whatever purpose. Information to be treated as confidential includes information explicitly designated as confidential by the disclosing party and such information whose confidentiality is clearly evident from the circumstances of its disclosure. In particular, your personal data and the data used, should we become aware of them, are to be treated confidentially by us.
(2) The obligations under paragraph 1 shall not apply to such information or parts thereof for which we can prove that it was known to us before the date of receipt or was generally accessible; was known to the public before the date of receipt or became generally accessible after the date of receipt without our being responsible for this.
(3) Public statements by the parties about a cooperation will only be made with prior mutual agreement.
(4) The obligations under paragraph 1 shall also continue indefinitely beyond the end of the contract, as long as an exception under paragraph 2 has not been proven.