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Processing of (personal) data by the entity in charge of the online application process

PRIVACY NOTICE FOR JOB APPLICANTS
(Information on data protection regarding our processing of applicant data in accordance with Articles 13, 14, and 21 of the General Data Protection Regulation (GDPR))

LISSMAC Maschinenbau GmbH
Lanzstr. 4
88410 Bad Wurzach

Dear Applicant,
We appreciate your interest in our company. In accordance with Articles 13, 14, and 21 of the General Data Protection Regulation (GDPR), we hereby inform you about the processing of the personal data you provide during the application process, as well as any personal data we may collect, and your rights in this regard. To ensure that you are fully informed about the processing of your personal data as part of the application process, please review the information below.

1. DATA CONTROLLER UNDER DATA PROTECTION LAW
LISSMAC Maschinebau GmbH
Lanzstr. 4
88410 Bad Wurzach
07564 307-0
lissmac@lissmac.com
www.lissmac.com

2. CONTACT INFORMATION FOR OUR DATA PROTECTION OFFICER
PROLIANCE GmbH
Leopoldstr. 21
80802 Munich
Datenschutzbeauftragter@datenschutzexperte.de

3. PURPOSES AND LEGAL BASIS FOR PROCESSING
We process your personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG), to the extent necessary for the decision regarding the establishment of an employment relationship with us. The legal basis for this is Article 88 of the GDPR
in conjunction with Section 26 of the BDSG for the purposes of the employment relationship, if this is necessary for the decision regarding the establishment of an employment relationship.

Furthermore, we may process your personal data to the extent that this is necessary to fulfill legal obligations (Article 6(1)(c) of the GDPR) or to defend against or assert legal claims. The legal basis for this is Article 6
(1)(f) of the GDPR. A legitimate interest is, for example, the burden of proof in proceedings under the General Equal Treatment Act (AGG).

If you give us your explicit consent to process personal data for specific purposes, the lawfulness of this processing is based on your consent pursuant to Article 6(1)(a) of the GDPR and Section 26(2) of the Federal Data Protection Act (BDSG). Consent that has been given may be revoked at any time with future effect (see Section 9 of this Privacy Policy).

If an employment relationship is established between you and us, we may, pursuant to Art. 88 of the GDPR in conjunction with
§ 26 of the Federal Data Protection Act (BDSG), further process the personal data we have already received from you for the purposes of the employment relationship, to the extent that this is necessary for the performance or termination of the employment relationship or for the exercise or fulfillment of the rights and obligations of employee representation arising from a law, a collective bargaining agreement, or a company or service agreement (collective agreement).

4. CATEGORIES OF PERSONAL DATA
We process only data related to your application. This may include general personal information (name, address, contact information, etc.), details regarding your professional qualifications and educational background, information on professional development, and, if applicable, any other data you provide to us in connection with your application.

5. SOURCES OF DATA
We process personal data that we receive from you by mail or email when you contact us or submit your application, or that you provide to us through recruitment consultants.

6. RECIPIENTS OF THE DATA
Within our company, we disclose your personal data exclusively to those departments and individuals who require this data to fulfill contractual and legal obligations or to pursue our legitimate interests.

We may transfer your personal data to our affiliated companies to the extent permitted by the purposes and legal bases set forth in Section 3 of this Privacy Notice.

Your personal data is processed on our behalf based on data processing agreements pursuant to Article 28 of the GDPR. In these cases, we ensure that the processing of personal data complies with the provisions of the GDPR. The categories of recipients in this case include internet service providers as well as providers of applicant tracking systems and software.

 Otherwise, data will only be disclosed to recipients outside the company to the extent that statutory provisions permit or require it, the disclosure is necessary to fulfill legal obligations, or we have your consent.

7. TRANSFER TO A THIRD COUNTRY
A transfer to a third country is not intended.

8. DURATION OF DATA RETENTION
We store your personal data for as long as is necessary to make a decision regarding your application. Your personal data and application documents will be deleted no later than 6 months after the conclusion of the application process (e.g., notification of a rejection), unless longer retention is required or permitted by law. Furthermore, we will store your personal data only to the extent required by law or, in specific cases, to assert, exercise, or defend legal claims for the duration of any legal dispute.

If you have consented to the longer retention of your personal data, we will store it in accordance with your declaration of consent.

If, following the application process, an employment, apprenticeship, or internship relationship is established, your data will, to the extent necessary and permissible, initially continue to be stored and subsequently transferred to your personnel file.

If applicable, you may receive an invitation to join our talent pool following the application process. This allows us to consider you in the future when selecting candidates for suitable vacancies. If we have received your consent to do so, we will store your application data in our talent pool in accordance with your consent or, if applicable, any future consents.

9. YOUR RIGHTS
Every data subject has the right of access under Article 15 of the GDPR, the right to rectification under Article 16 of the GDPR, the right to erasure under Article 17 of the GDPR, the right to restriction of processing under Article 18 of the GDPR, the right to notification under Article 19 of the GDPR, and the right to data portability under Article 20 of the GDPR.

In addition, you have the right to lodge a complaint with a data protection supervisory authority under Article 77 of the GDPR if you believe that the processing of your personal data is not lawful. The right to lodge a complaint is without prejudice to any other administrative or judicial remedy.

If the processing of data is based on your consent, you are entitled under Article 7 of the GDPR to withdraw your consent to the use of your personal data at any time. Please note that the withdrawal of consent takes effect only for the future. Processing that took place prior to the withdrawal is not affected. Please also note that we may be required to retain certain data for a specific period of time to comply with legal requirements (see Section 8 of this Privacy Policy).

Right to Object:
To the extent that the processing of your personal data is carried out pursuant to Article 6(1)(f) of the GDPR to safeguard legitimate interests, you have the right, pursuant to Article 21 of the GDPR, to object at any time to the processing of this data for reasons arising from your particular situation. We will then no longer process this personal data unless we can demonstrate compelling legitimate grounds for the processing. These grounds must override your interests, rights, and freedoms, or the processing must be necessary for the establishment, exercise, or defense of legal claims.

To exercise your rights, you may contact us using the contact information provided in Section 1.

10. REQUIREMENT TO PROVIDE PERSONAL DATA
The provision of your personal data as part of the application process is voluntary. However, we can only make a decision to establish an employment relationship—or actually establish such a relationship with you—if you provide the personal data necessary to process your application.

11. AUTOMATED DECISION-MAKING
The decision regarding your application is not based exclusively on automated processing. Therefore, no automated decision is made in individual cases within the meaning of Article 22 of the GDPR.

Processing of (personal) data by the operator of the recruitment website

General information

This recruitment website is operated by Personio SE & Co. KG, which offers a human resource and candidate management software solution (https://www.personio.com/legal-notice/). Data transmitted as part of your application will be transferred using TLS encryption and stored in a database. The sole controller of this data within the meaning of article 24 of the GDPR is the enterprise carrying out this online application process. Personio’s role is limited to operating the software and this recruitment website and, in this context, being a processor under article 28 of the GDPR. In this case, the processing by Personio is based on an agreement for the processing of orders between the controller and Personio. In addition, Personio SE & Co. KG processes further data, some of which may be personal data, to provide its services, in particular for operating this recruitment website. We will refer to this in more detail below.

The controller

The controller under data protection law is:
Personio SE & Co. KG
Seidlstraße 3
80335 München
Tel.: +49 (89) 1250 1004
Entry in the commercial register
Commercial register entry number: HRA 115934
Registration Court: Amtsgericht München
Data Protection Officer contact: privacy@personio.com

Access logs (“server logs”)

Each access to this recruitment website automatically causes general protocol data, so-called server logs, to be collected. As a rule, this data is a pseudonym and thus does not allow for inferences about the identity of an individual. Without this data, it would, in some cases, be technically impossible to deliver or display the contents of the software. In addition, processing this data is absolutely necessary under security aspects, in particular for access, input, transfer, and storage control. Furthermore, this anonymous information can be used for statistical purposes and for optimizing services and technology. In addition, the log files can be checked and analyzed retrospectively when unlawful use of the software is suspected. The legal basis for this is §25 subsection 2 Sentence 2 TDDDG. Generally, data such as the domain name of the website, the web browser and web-browser version, the operating system, the IP address, as well as the timestamp of the access to the software is collected. The scope of this log process does not exceed the common log scope of any other site on the web. These access logs are stored for a period of up to 7 days. There is no right to object to this.

Error logs

So-called error logs are generated for the purpose of identifying and fixing bugs. This is absolutely necessary to ensure we can react as quickly as possible to possible problems with displaying and implementing content (legitimate interest). As a rule, this data is a pseudonym and thus does not allow for inferences about the identity of an individual. The legal basis for this is §25 subsection 2 Sentence 2 TDDDG. When an error message occurs, general data such as the domain name of the website, the web browser and web-browser version, the operating system, the IP address, as well as the timestamp upon occurrence of the respective error message and/or specification is collected. These error logs are stored for a period of up to 7 days. There is no right to object to this.

Use of cookies

So-called cookies are used on parts of this recruitment website. They are small text files which are stored on the device with which you access this recruitment website. As a general rule, cookies serve the purpose of ensuring secure access to a website (“absolutely necessary”), implementing certain functionalities such as standard-language settings (“functional”), improving the user experience or the performance of the website (“performance”), or placing targeted advertisements (“marketing”). On this recruitment website, we generally use only cookies that are absolutely necessary, functional or performance-related, in particular for implementing certain default settings such as language, for identifying the job advertising channel, or for analyzing the performance of a job advert via which a user accessed this recruitment website. The use of cookies is absolutely necessary for providing our services and thus for the performance of the contract (article 6 (1) b) of the GDPR). Period of storage: up to 1 month or until the end of the browser session Right to object: You can determine via your browser settings whether you allow or object to the use of cookies. Please note that deactivating cookies may result in limited or completely blocked functionalities of this recruitment website.

Rights of data subjects

If Personio SE & Co. KG as the controller processes personal data, you as the data subject have certain rights under Chapter III of the EU General Data Protection Regulation (GDPR), depending on the legal basis and the purpose of the processing, in particular the right of access (article 15 of the GDPR) and the rights to rectification (article 16 of the GDPR), erasure (article 17 of the GDPR), restriction of processing (article 18 of the GDPR), and data portability (article 20 of the GDPR), as well as the right to object (article 21 of the GDPR). If the personal data is processed with your consent, you have the right to withdraw this consent under article 7 III of the GDPR. To assert your rights as a data subject in relation to the data processed for the purpose of operating this recruitment website, please refer to Personio SE & Co. KG’s Data Protection Officer (see item B).

Concluding provisions

Personio reserves the right to adjust this data privacy statement at any point in time to ensure that it is in line with the current legal requirements at all times, or in order to accommodate changes in the services offered, for example when new services are introduced. In this case, the new data privacy statement applies to any later visit of this recruitment website or any later job application.