LESER GmbH & Co. KG Data Protection Policy
We are pleased that you would like to apply at LESER. In the following, we explain that we process your personal data in the context of your application and store further relevant information in this regard.
1. Who is responsible for processing your personal data?
LESER GmbH & Co. KG (hereinafter referred to as "LESER") is responsible for processing your personal data within the scope of the EU Data Protection Basic Regulation ("DSGVO").
2. Data Protection Officer
For all questions relating to the processing of your personal data and the exercise of your rights in accordance with the DSGVO, you can consult our Data Protection Officer, Prof. Dr. Ulf Glende, who can be reached at firstname.lastname@example.org.
3. For what purposes and on what legal basis does LESER process personal data?
LESER processes personal data about you for the purpose of your application for an employment relationship, as far as this is necessary for the decision on the establishment of an employment relationship with LESER. The legal basis for this is § 26 Abs. 1 i.V.m Abs. 8 S. 2 BDSG.
Furthermore, LESER may process personal data about you to the extent necessary to defend against legal claims asserted against LESER in the application process. The legal basis for this is Art. 6 para. 1, letter f DSGVO; the legitimate interest is, for example, a burden of proof in proceedings under the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz - AGG).
If there is an employment relationship between you and LESER, LESER may further process the personal data already received from you for the purposes of the employment relationship in accordance with § 26 Para. 1 BDSG if this is necessary for the execution or termination of the employment relationship or for the exercise or fulfillment of the rights and obligations of the representation of the interests of the employees resulting from a law or a collective agreement, a works agreement or a service agreement (collective agreement).
4. What categories of personal data does LESER process?
LESER processes data related to your application. This may include general information about you (such as your name, address, and contact details), information about your professional qualifications and schooling or information about professional development or other information you provide to LESER in connection with your application.
In addition, LESER may process job-related information made publicly available by you, such as a profile on professional social media networks.
5. From which sources does personal data originate if LESER does not collect it from you?
If LESER does not collect the data directly from you and you have an active profile on an online job portal, or if LESER discloses an inactive or only partially active profile as part of the application process, we may also collect personal data about you there.
6. What are the categories of recipients of the data?
LESER may transfer your personal data to companies affiliated with LESER to the extent that this is permissible within the framework of the purposes and legal bases set out under Section 3. Otherwise, personal data will be processed on our behalf on the basis of contracts pursuant to Art. 28 DSGVO, in particular by host providers or providers of applicant management systems.
Within the companies, those departments that need your data to fulfill their contractual, legal, and supervisory duties as well as to select legitimate interests, e.g. personnel department, specialist department, and business management, are granted access to your data.
7. Is the transfer to a third country foreseen?
Transfer to a third country is not foreseen.
8. How long will your data be stored?
LESER stores your personal data for as long as is necessary to make a decision about your application. If an employment relationship between you and LESER is not established, LESER may further store data to the extent necessary to defend against possible legal claims. The application documents will be deleted six months after notification of the rejection decision, unless longer storage is necessary due to legal disputes.
9. What rights do you have ?
As an applicant at LESER, you have the following data protection rights, dependent on the situation in each individual case, for the exercise of which you can contact the data protection officer of LESER at any time under the contact data provided in sections 1 and 2.
You have the right to obtain information about your personal data processed by LESER and to request access to your personal data and/or copies thereof. This includes information on the purpose of the use, the category of data used, its recipients and authorized persons and, if possible, the planned duration of data storage or, if this is not possible, the criteria for determining this duration, in accordance with Art. 15 para. 1 DSGVO.
b. Correction, deletion or limitation of processing
You have the right to demand that LESER correct any incorrect personal data concerning you immediately. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data - also by means of a supplementary declaration.
c. Right to object
If the processing of personal data concerning you is carried out on the basis of Art. 6 para. 1 letter f DSGVO, you have the right to object to the processing of this data at any time for reasons arising from your particular situation. LESER will then no longer process this personal data unless LESER can prove compelling grounds for processing worthy of protection which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
d. Right of revocation
If the processing is based on specific consent, you have the right, pursuant to Art. 7 para. 22 DSGVO, to revoke the consent at any time without affecting the legality of the processing carried out on the basis of the consent until revocation. For this purpose, you can contact LESER or the LESER Data Protection Officer at any time under the aforementioned contact data.
e. Right to deletion
Pursuant to Art. 17 DSGVO, you have the right to demand that LESER delete personal data concerning you immediately, and LESER is obliged to delete personal data immediately if one of the following reasons applies:
- Personal data is no longer necessary for the purposes for which they were collected or otherwise processed.
- You object to the processing in accordance with point 9c above and there are no overriding legitimate reasons for the processing.
- Personal data has been processed unlawfully.
- The deletion of personal data is necessary to fulfill a legal obligation under Union law or the law of the Member States to which we are subject.
This does not apply if processing is necessary:
- To fulfill a legal obligation which the processing requires under the law of the union or the member states to which LESER is subject.
- For the assertion, exercise or defense of legal claims.
f. Right to restrict processing
Pursuant to Art. 18 DSGVO, you have the right to demand that LESER restrict processing if one of the following conditions is met:
- The accuracy of the personal data is disputed by you for a period of time that allows LESER to verify the accuracy of the personal data.
- The processing is unlawful and you refuse to delete the personal data and instead request the restriction of the use of the personal data.
- LESER no longer needs the personal data for the purposes of processing, but you need it to assert, exercise or defend legal claims.
- You have objected to the processing as described in paragraph 9c above until it has been established whether LESER´s legitimate reasons prevail over yours.
If processing has been restricted pursuant to this letter f, such personal data - apart from their storage - may only be processed pursuant to Art. 18 para. 2 DSGVO with your consent or for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the union or a member state.
If you have obtained a restriction on the processing, LESER will inform you in accordance with Art. 18 para. 3 DSGVO before the restriction is lifted.
g. Right of appeal
Without prejudice to any other administrative or judicial remedy, you have the right to appeal to a supervisory authority, in particular in the member state in which you are staying, at your place of work or at the place where the alleged infringement is alleged, if you consider that the processing of your personal data is in breach of the DSGVO.
10. Requirement to provide personal data
Providing personal data is prescribed neither by law nor by contract, nor are you obliged to provide personal data. However, providing personal data is necessary for concluding an employment contract with LESER. This means that if you do not provide LESER with any personal data in an application, LESER will not enter into an employment relationship with you.
11. No automated decision making
There is no automated decision-making in individual cases as defined by Art. 22 DSGVO, i.e. the decision on your application is not based exclusively on automated processing.