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Applicant Data

Data Protection Information for Applicants

in accordance with Art. 13, 14 and 21 of the General Data Protection Regulation (GDPR)

Data security is a matter of great importance to us. In the following, we will inform you of how we process your personal data during the application process, and of what rights you have.

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

In terms of the General Data Protection Regulation and other national data protection laws of the EU member states and other data protection-related regulations, the data controller is:

EDAG Engineering GmbH
Kreuzberger Ring 40
65205 Wiesbaden
Germany
Tel.: +49 611 7375-0
Fax: +49 611 7375-265
E-Mail: info[at]edag.de
Website: www.edag.de

2.    Contact data of the data protection officer

The data controller's data protection officer is:

Mr. Markus Möller
EDAG Engineering GmbH
Reesbergstraße 1
36039 Fulda
Germany
Tel.: +49 661 6000-258
Fax: +49 661 6000-111046
E-Mail: datenschutz[at]edag.de
Website: www.edag.de

3. Processing Purposes and Legal Basis

Your personal data will be processed in line with the provisions set out in the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG) and other relevant data protection regulations. Among other things, we will process your personal data for the following purposes:

3.1 Consent (Art. 6 para. 1 p. 1 point a of the GDPR)

If you have given us your consent to the processing of personal data, this consent shall form the legal basis for the processing referred to therein. You may withdraw your consent at any time, with future effect.

3.2 Compliance with Contractual Obligations (Art. 6 para. 1 p. 1 point b of the GDPR, § 26 para. 1 p. 1 of the Federal Data Protection Act)

We process your personal data for the purpose of executing the application process. Processing may also be carried out using electronic means. This applies in particular if you make use of electronic means, for instance e-mail or one of the web forms that can be found on our website, when sending us your application documents.

3.3 Compliance with Legal Obligations (Art. 6 para. 1 p. 1 point c of the GDPR, § 26 para. 1 p. 1 of the Federal Data Protection Act)

We process your personal data where this is necessary in order to comply with legal obligations (this may include the observation of retention and storage obligations, etc.).

3.4 Legitimate interests of ourselves or of third parties (Art. 6 para. 1 p. 1 point f of the GDPR

In addition, we may also use your personal data in order to protect the legitimate interests of either ourselves or of third parties, based on a weighing up of interests. In particular, this includes data collected not from the data subject him or herself, but from sources accessible to the public, i.e. active sourcing. Our interest in this respect is to find the best possible candidate to fill a job vacancy; the candidate's interest, on the other hand, is centred on being offered the best possible job. Our active sourcing activities are carried out only in business social networks (XING and LinkedIn in particular), in which the contact data of potential candidates can be seen after logging on, which means that they can expect to be contacted for active sourcing purposes. In addition, this legal basis also includes the transfer of applicant details to affiliated companies. These are companies which, although legally independent, are however economically linked to us. A precise definition of these economic ties can be found in §§ 15 et seq. of the German Companies Act.

4. Personal data categories which we process

The data processed includes the following:

  • Contact data (surname, first name, postal address, telephone number, e-mail address)
  • Complete application documents (e.g. photograph, CV, certificates, references)

It goes without saying that we do not require applicants to provide special categories of personal data such as details of their ethnical origin or trades union membership, if applicable, during the application process.

5. Who receives your data?

Within the company, we only transfer your personal data to employees who are involved in the selection of the actual candidate and therefore need this data either to be able to comply with contractual and legal obligations, or for the purpose of pursuing our legitimate interests.

In addition, the following may also receive your data:

  • processors engaged by us (Art. 28 GDPR), service providers for support activities and other controllers as defined in the GDPR, particularly in the fields of IT services, logistics, courier services, printing services, external computer centres, support/maintenance of IT applications, archiving, document processing, accounting and controlling, data destruction, purchasing/procurement, customer administration, letter shops, marketing, telephony, website management, tax consulting, auditing services, credit institutions;
  • public authorities and institutions where a legal or official obligation exists requiring us to provide information, report or transfer data, or where the transfer of data is in the public interest;

offices and institutions, on the strength of our legitimate interests or the legitimate interests of third parties within the framework of the purposes listed under point 3.4 (e.g. to public authorities, lawyers, courts of law, technical assessors, companies belonging to the group: EDAG AG, EDAG Japan Co. Ltd., EDAG Mexico S.A. de C.V, EDAG SERVICIOS Mexico S.A. de C.V, EDAG do Brasil Ltd., EDAG Holding Sdn. Bhd. , EDAG Hungary Kft., EDAG Engineering Ltd., EDAG Engineering and Design (Shanghai) Co. Ltd., EDAG Inc. USA, EDAG Werkzeug + Karosserie GmbH, FFT Produktionssysteme GmbH & Co. KG, EDAG Production Solutions Verwaltungs GmbH, EDAG Production Solutions GmbH & Co. KG, EDAG Production Solutions India Priv. Ltd., EDAG Production Solutions CZ s.r.o. Czech Republic, EDAG Production Solutions Korea Ltd., OOO EDAG Production Solutions RU, EDAG Production Solutions, Inc., CKGP/PW & Associates, Inc., Rücker Akademie GmbH, VR Leasing Malakon GmbH & Co. Immobillien KG, HRM EDAG Engineering AB, EDAG Engineering Polska Sp.z o.o, Rücker Lypsa, S.L.U., EDAG Italia S.R.L, EDAG Engineering Schweiz GmbH, EDAG Engineering CZ spol. s.r.o., EDAG Netherlands B.V., Rücker Shanghai, HRM Engineering AB, Müller HRM Engineering AB, BFFT Aeromotive GmbH, BFFT Italia Srl, BFFT of America Inc., BFFT Gesellschaft für Fahrzeugtechnik mbH, BFFT Holding GmbH and committees and supervisory bodies

  • other bodies if you have given us your consent to your data being transferred to these

6. Transfer of your data to a third country or international organisation

Data processing outside of the EU or the EEA is carried out exclusively by our affiliated company EDAG AG, EDAG Japan Co. Ltd., EDAG Mexico S.A. de C.V, EDAG SERVICIOS Mexico S.A. de C.V, EDAG do Brasil Ltd., EDAG Holding Sdn. Bhd. , EDAG Hungary Kft., EDAG Engineering Ltd., EDAG Engineering and Design (Shanghai) Co. Ltd., EDAG Inc. USA, EDAG Werkzeug + Karosserie GmbH, FFT Produktionssysteme GmbH & Co. KG, EDAG Production Solutions Verwaltungs GmbH, EDAG Production Solutions GmbH & Co. KG, EDAG Production Solutions India Priv. Ltd., EDAG Production Solutions CZ s.r.o. Czech Republic, EDAG Production Solutions Korea Ltd., OOO EDAG Production Solutions RU, EDAG Production Solutions, Inc., CKGP/PW & Associates, Inc., Rücker Akademie GmbH, VR Leasing Malakon GmbH & Co. Immobillien KG, HRM EDAG Engineering AB, EDAG Engineering Polska Sp.z o.o, Rücker Lypsa, S.L.U., EDAG Italia S.R.L, EDAG Engineering Schweiz GmbH, EDAG Engineering CZ spol. s.r.o., EDAG Netherlands B.V., Rücker Shanghai, HRM Engineering AB, Müller HRM Engineering AB, BFFT Aeromotive GmbH, BFFT Italia Srl, BFFT of America Inc., BFFT Gesellschaft für Fahrzeugtechnik mbH, BFFT Holding GmbH – and and even then only where a legitimate interest exists in this respect, or the corresponding consent has been obtained. To guarantee appropriate levels of data security and safeguard effective rights with regard to the processing of personal data even after it has been transmitted, we have agreed corresponding standard EU clauses with BFFT of America Inc.

7. How long do we store your data?

Should the data controller conclude an employment contract with an applicant, the data transmitted for the purpose of completing the employment contract will be stored in compliance with legal requirements. Should the data controller not conclude an employment contract with the applicant, the application documents and the entire applicant profile will be automatically deleted 12 months after the rejection letter has been issued, provided that such deletion would not adversely affect any other legitimate interests of the data controller. In this sense, any other legitimate interests include, for instance, burden of proof in proceedings under the General Equal Treatment Act (AGG) or legal statute of limitations. A longer storage period, which the data subject is offered when he or she is either registering on the recruiting portal or has received a letter of rejection, is only possible with the specific, freely given consent of the data subject. If, within four weeks, the data subject gives the data controller his or her consent to being contacted at a later date in order to resume the application process, should another position for which he or she might be considered become available, then any data that has been transmitted is deleted 24 months after the date it was saved.

8. To what extent does automated individual decision-making (including profiling) exist?

We do not use any automated decision-making processes in accordance with Article 22 of the GDPR. Should we make use of such processes in individual cases, we will inform you of this separately, insofar as this is a legal requirement.

9. Extent of your obligation to provide us with your data

You are only required to provide such data as is necessary for the application process. Without this data, we will not, as a rule, be able to conclude an employment contract with you. Should we request any additional data, you will be informed separately of the voluntary nature of the disclosure of such details.

10. Data source

Data not collected from the data subject him or herself is derived from sources accessible to the public. These sources are business social networks such as XING, LinkedIn, exhibitions, exclusively appointed personnel consultants etc. Otherwise, the data is provided by the applicant him or herself within the context of his or her application.

11. Your rights as a data subject

If personal data concerning you is processed, you are the data subject as defined in the GDPR, and have the following rights against the data controller:

11.1. Right of access (Art. 15 GDPR)

You can ask the controller to provide you with confirmation as to whether or not personal data concerning you is processed by us.
If such processing is being undertaken, you can ask the controller to provide you with information concerning the following:

(1) The purposes for which the personal data is processed;
(2) The personal data categories which are processed;
(3) The recipients or categories of recipients to whom the personal data concerning you has been or will be disclosed;
(4) The planned storage duration of the personal data concerning you or, if it is not possible to provide concrete information on this point, criteria for defining the storage duration;
(5) The existence of a right to correct or delete the personal data concerning you, a right to limit processing by the controller, or a right to object to such processing; 
(6) The existence of a right to lodge a complaint with a supervisory authority;
(7) All available information concerning the origin of the data, if the personal data was not acquired from the data subject him or herself;
(8) The existence of automated decision-making and profiling in accordance with Art. 22 para. 1 and 4 of the GDPR and – at least in these cases – meaningful information on the logic involved and the implications and intended impact of such processing for the data subject.

You have the right to request information on whether or not the personal data concerning you is transmitted to a third country or international organisation. In this context, you may ask for information on appropriate guarantees in accordance with Art. 46 of the GDPR relating to the transmission of data.

11.2 Right to rectification (Art. 16 GDPR)

You have a right to have the controller correct or complete any personal data concerning you which, having been processed, is either incorrect or incomplete. The data controller must carry out any corrections without undue delay.

11.3 Right to restrict processing (Art. 18 GDPR)

Subject to the following conditions, you can request that processing of the personal data concerning you be restricted:

(1) If you dispute the accuracy of the personal data concerning you for a period which allows the controller to check the accuracy of the personal data;
(2) The processing is unlawful and you refuse deletion of the personal data, instead requesting that use of the personal data be restricted;
(3) The controller no longer needs the personal data for processing purposes, but you need it in order to establish, exercise or defend legal claims, or
(4) If you have filed an objection to the processing of the data in accordance with Art. 21 para. 1 of the GDPR, and it is not yet clear whether the legitimate reasons of the controller outweigh your reasons.

If the processing of the personal data concerning you has been restricted, then, storage aside, this data may only be processed with your consent, or to establish, exercise or defend legal claims, or to protect the rights of another natural or legal person, or for reasons of substantial public interest on the basis of Union or Member State law.

If restriction of the processing has been restricted under the above-mentioned conditions, you will be informed by the controller before the restriction is lifted.

11.4 Right to deletion (Art. 17 GDPR)

a) Obligation to delete
You can ask the controller to delete the personal data concerning you without undue delay, and the controller is obliged to delete this data without delay if one of the following reasons applies:

(1) The personal data concerning you is no longer needed for the purposes for which it was collected or otherwise processed.
(2) You revoke your consent, which served as the basis for processing in accordance with Art. 6 para. 1 point a or Art. 9 para. 2 point a of the GDPR, and there is no other legal basis for the processing.
(3) You file an objection to processing in accordance with Art. 21 para. 1 of the GDPR, and there are no overriding legitimate reasons for the processing, or you file an objection to processing in accordance with Art. 21 para. 2 of the GDPR.
(4) The personal data concerning you has been unlawfully processed.
(5) Deletion of the personal data concerning you is necessary in order to ensure compliance with a legal obligation under Union or Member State law to which the data controller is subject.
(6) The personal data concerning you has been acquired in relation to the offer of information society services in accordance with Art. 8 para. 1 of the GDPR.

b) Information to third parties
If the controller has made the personal data concerning you public and is obliged to delete such data in accordance with Art. 17 para. 1 of the GDPR, then, taking into account the technologies available and implementation costs, he - the controller - applies appropriate measures, which may also be of a technical nature, to inform the people responsible for processing personal data that, as the data subject, you have requested that they should delete all links to this personal data as well as all copies or replications of this personal data. 

c) Exceptions
The data subject does not have the right to have his or her data deleted if processing is necessary

(1) to exercise the rights to freedom of expression and freedom of information;
(2) to comply with a legal obligation calling for processing on the basis of Union or Member State law to which the controller is subject, or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the field of public health in accordance with Art. 9 para. 2 points h and i and Art. 9 para. 3 of the GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 of the GDPR, insofar as the right set out in section a) is likely to render impossible or seriously impair the achievement of the purposes of this processing, or
(5) to establish, exercise or defend legal claims.

11.5 Right to information (Art. 19 GDPR)

If you have exercised your right to have the controller correct, delete or restrict the processing of your data, then the controller is obliged to inform all recipients to whom the personal data concerning you has been disclosed of such correction or deletion of the data or restriction of the processing, unless it proves impossible to do so or would involve unreasonable expense and effort.

You are entitled to have the controller inform you of these recipients.

11.6 Right to data portability (Art. 20 GDPR)

You have the right to receive the personal data concerning you with which you have provided the controller in a structured, commonly used and machine-readable format. Further, you have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, providing that

(1) the processing is based on consent in accordance with Art. 6 para. 1 p. 1 point a of the GDPR or Art. 9 para. 2 point a of the GDPR or on a contract in accordance with Art. 6 para. 1 p. 1 point b of the 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 one controller to another, where technically feasible. This shall not adversely affect the rights and freedoms of others.

The right to data portability does not apply to processing of personal data for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

11.7 Right to object (Art. 21 GDPR)

You have the right, on grounds relating to your particular situation, to object at any time to the processing of personal data concerning you which is based on Art. 6 para. 1 p. 1 point e or f of the GDPR; this also applies to profiling based on these provisions.

The controller will no longer process the personal data concerning you unless the controller can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing serves to establish, exercise or defend legal claims.

If personal data concerning you is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing purposes; this also applies to profiling, insofar as it is related to such direct marketing.

Should you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for such purposes.

In the context of the use of information society services – notwithstanding Directive 2002/58/EG – you are entitled to exercise your right to object by automated means using technical specifications.

11.8 Right to withdraw declaration of consent under data protection law (Art. 7 GDPR)

You have the right to withdraw your declaration of consent to the processing of personal data at any time. The withdrawal of consent shall not affect the lawfulness of processing based on your consent before its withdrawal.

11.9 Right to lodge a complaint with a supervisory authority (Art. 77 GDPR)

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 concerning you infringes the GDPR. 

The supervisory authority with which the complaint has been lodged will inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy in accordance with Art. 78 of the GDPR.


Declaration of Consent – Careers at EDAG

Here you will find our Declaration of consent to the processing of application data in our eRecruiting Portal (pdf, 80 KB).

Here you will find our Supplementary declaration for special data categories in our eRecruiting Portal (pdf, 85 KB)

Note:
In order to read the PDF document you will need the free Acrobat Reader, Version 8.0 or higher.