and Ellix GmbH in relation
to job applications
Thank you for considering applying to us. Below, we will explain how we process your personal data when you submit a job application to us and how we hold relevant additional information in this respect.
1. Who is responsible for the processing of personal data? — ELLIX Aktiengesellschaft, Seestrasse 68, in 8700 Küsnacht (Switzerland), ELLIX GmbH, Gotzinger Str. 8, 81371 Munich (Germany) and Ellix Slovakia, s.r.o., Twin City C, Mlynské nivy 16, 82 109 Bratislava (Slovakia), hereinafter referred to as “we” or “us” is the responsible body in accordance with the EU General Data Protection Regulation (“GDPR”).
2. Data protection officer — Should you have any queries concerning the processing of your personal data and the assertion of your rights under the GDPR, please contact our recruitment team directly via email@example.com
3. For what purposes and on what legal basis do we process personal data? — We process personal data relating to you for the purpose of your application for a position with the company, should this be necessary in order for us to take a decision as to whether to employ you. Thereby the legal basis is § 26 Paragraph 1 and Paragraph 8 Sentence 2 of the German Federal Data Protection Act (BDSG).
In addition, we can process personal data relating to you should this be necessary to defend claims which are brought against us in connection with the application process. Thereby the legal basis is Article 6 Paragraph 1 Letter f) GDPR. As an example, the legitimate interest is the proof obligation in proceedings connected to the General Law relating to Equal Treatment (AGG).
Should an employment relationship come into existence between yourself and us, in accordance with § 26 Paragraph 1 BDSG, we can further process the personal data which has already been provided by you for the purpose of the employment relationship, should this be necessary in order to carry out or terminate the employment relationship or to carry out or fulfil the rights and obligations of the representation of interests of the employees under a law or collective agreement, a works agreement or employment agreement (collective agreement).
4. What categories of personal data do we process? — We process data which is connected to your application. This can be general data relating to your person (such as name, address and contact information), information relating to your professional qualifications and education or information concerning your professional development, as well as other information which you provide to us in connection with your application. In addition, we can process career related information which has been made publicly accessible by you, for example a profile on professional social media networks.
5. From what sources does personal data originate if we do not obtain this from you? — If we do not collect the data directly from you and you have an active profile on XING, LinkedIn or StepStone or other application / social media platforms, or disclose an inactive or only partially active profile to us as part of the application process, we can also obtain personal data by means of these.
6. What categories of recipient data are there? — We can transfer your personal data to our associated companies, provided that this is permitted within the framework of the purposes set out in Number 3 and is lawful. Otherwise, personal data will be processed on our behalf on the basis of contracts in accordance with Article 28 GDPR, in particular by host providers or the providers of applicant management systems.
7. Is a transfer to a third party country planned? — We can disclose your information to Ellix subsidiary companies, their representatives and third party providers inside and outside of the European Union in order to provide services for Ellix for the purposes stated above. Our subsidiary companies, representatives and third party providers who have access to personal data are obliged to observe data protection.
In accordance with the applicable laws, regulations, court orders or official enquiries, as well as within the framework and sense of any directive issued by a regulatory or other authority, as well as similar lawful procedures or procedures mandated by law, we can disclose your information, also to state bodies or institutions, government authorities or other persons.
8. How long is your data saved for? — We save your personal data for as long as is necessary to take a decision concerning the outcome of your application. Should we not enter into an employment relationship, we can continue to save data, should this be necessary in order to defend possible legal claims. Thereby the application documents will be deleted in accordance with the statutory regulations once the rejection of the application has been issued, unless it is necessary to continue to save the data due to legal disputes.
9. What rights do you have? — As an applicant, depending on the situation in the individual case, you have the following data protection rights. Should you wish to claim these, you can contact ourselves or our data protection officer at any time via the address stated in Numbers 1 and 2:
a) Information — You have the right to receive information concerning your personal data which is processed by us, as well as to request access to your personal data and/or copies of this data. This includes information concerning the purpose of the use, the category of the data which is being used, its recipients and persons entitled to access it and, where possible, the planned duration of the saving of the data or, should this not be possible, the criteria which are used for determining this length of time.
b) Correction, deletion or restriction of processing — You have the right to request the immediate correction by us of personal data relating to you which is incorrect. Taking the purposes of the processing into account, you have the right to request the completion of incomplete personal data, also by means of a supplementary declaration.
c) Right of objection — Should the processing of personal data which relates to you take place on the basis of Article 6 Paragraph 1 Letter f) GDPR, you have the right to submit an objection to the processing of this data at any time for reasons connected to your specific situation. We will then no longer process this personal data, unless we can prove mandatory protectable reasons for the processing which take priority over your interests, rights and freedoms or if the processing is necessary in order to assert, exercise or defend legal claims.
d) Right of revocation — Should the processing take place with your consent, you have the right to revoke your consent at any time, without the lawfulness of the processing which took place with your consent prior to the revocation being issued being affected. For this purpose, you can get in touch with our data protection officer at any time via the contact information below.
e) Right to erasure — You have the right to request that the personal data relating to you be deleted immediately and we are obliged to immediately delete personal data, should one of the reasons below apply:
– The personal data is no longer necessary for the purposes for which it was gathered or processed in other ways.
– You raise an objection to the processing in accordance with Number 8 c) and there are no legitimate interests for the processing which take precedence over the objection.
– The personal data was processed unlawfully.
– The deletion of the personal data is necessary to fulfil a legal obligation under EU law or the law of the Member States to which we are subject.
This does not apply, should the processing be necessary:
– In order to fulfil a legal obligation under EU law or the law of the Member States to which we are subject which requires the processing of the personal data.
– In order to assert, exercise or defend legal claims.
f. Right to restriction of processing — You have the right to request the restriction of the processing from us, should one of the requirements below be met:
– The correctness of the personal data is disputed by you for a duration of time which enables us to check the correctness of the personal data.
– The processing is unlawful and you reject the deletion of the personal data and instead request that the use of the personal data be restricted.
– We no longer require the personal data for the purposes of the processing, however you require it in order to assert, exercise or defend legal claims or
– You have raised an objection to the processing in accordance with Number 8 c) above for the time where it is not yet clear whether our legitimate reasons outweigh yours.
Should the processing have been restricted in accordance with this letter e), then apart from its saving, this personal data may only be processed with your consent or in order to assert, exercise or defend legal claims, to protect the rights of another natural or legal person or for reasons connected to an important public interest of the European Union or a Member State.
g. Right to complain — Regardless of other legal remedies under administrative law or legal remedies granted by a court, you have the right to complain to a supervisory authority, in particular in the Member State of your place of residence, place of work or the location of the presumed breach, should you be of the opinion that the processing of the personal data relating to you breaches the GDPR.
Should you have obtained a restriction to processing, we will inform you before the restriction is lifted.
10. Necessity of the provision of personal data — The provision of personal data is neither mandated either by law or by contract, nor are you obliged to provide the personal data. However, the provision of personal data is necessary in order to conclude an employment contract with us. This means that should you not provide personal data when submitting a job application, we will not be able to enter into an employment relationship with you.
11. No automated decision making — No automated decision making in an individual case as defined in Article 22 GDPR takes place. This means that the decision relating to your application is not based exclusively on automated processing.