Data protection notice for applicants
This data protection notice informs you about the processing of your personal data at Westag AG.
According to Art. 4 (1) GDPR, your personal data include all information that relates or can be related to your person, in particular by reference to an identifier such as a name or an organisation or personnel number by which your person can be identified.
Personal information and personal data:
Westag AG collects and processes the following personal data (both in paper format and in digital form) that you have provided through your application (collectively referred to as “applicant data”):
- Contact details such as your name, address, telephone number and e-mail address;
- Information on your professional experience and skills, as well as previous employment, language skills, performance appraisal, assessments and quotas;
- Photo (if added voluntarily);
- Image, sound an metadata (for interviews via video or telephone conference)
The processing of specific types of personal data is not intended. If you provide such information, e.g. health data, however, it will be processed as well.
Data processing purposes, legal basis and consequences:
Applicant data are collected and processed for recruitment and employment purposes to determine the skills and suitability of candidates who have applied for a job (collectively referred to as “processing purposes”):
Westag AG processes your data on the following legal basis:
- Necessity of recruitment (Art. 88 GDPR in conjunction with Sec. 26 BDSG (new));
- Legitimate interest of Westag & Getalit AG, its affiliated companies within the meaning of Sec. 15 AktG or third parties which have a legitimate interest in special application management (Art. 6 (1) lit. f GDPR);
- Consent, if made available by you and legally stated (Art. 6 (1) lit. a GDPR in conjunction with Art 88 GDPR and Sec. 26 (2) BDSG (new));
- Compliance with a legal obligation (Art. 6 (1) lit. c GDPR).
Such data are made available voluntarily. Should this information not be made available, this could prevent the recruitment process, so that Westag AG unfortunately cannot consider your application.
Recipient categories:
Westag AG will process the personal data within the Human Resources Department as well as in the relevant department. Westag & Getalit AG may pass on the information to third parties for the following processing purposes:
- Data processing companies: Certain third parties may receive your personal data for processing based on corresponding instructions (“data processors”) to the extent necessary for the processing purposes. The data processing companies are contractually obliged to implement appropriate technical and organisational measures to protect and process personal data in accordance with the contractual provisions.
Retention period:
The application data will be stored by Westag AG and our service providers for as long as necessary, to the extent necessary for the fulfilment of our obligations and no longer than the time necessary to achieve the purposes in accordance with applicable data protection law.
If you have applied but have not been accepted, we will save your application documents for another 6 months. After these 6 months, all information will be deleted unless it is needed for further legal purposes or a lawsuit. Should we wish to add you to our applicant pool, we would ask for your consent in our rejection letter. In this case, we would retain your application documents for another year for a reassessment and any vacancies that become available at a later date. At the end of this year your data will be destroyed.
Automated decision making:
Westag AG does not use automated decision-making in connection with the application.
Responsible body for the processing of your personal data
The competent and responsible body for the collection, processing and use of your personal data is Westag AG in the Federal Republic of Germany, unless contractually agreed otherwise.
Applicant data are stored and processed in applicant management systems. The technical installation is designed in such a way that only a small group of specially authorised persons are authorised to access the data and that any other access or other knowledge of the data are excluded in accordance to the state of the art.
Your rights:
If you have given your consent, you may withdraw it at any time with effect for the future. This revocation will not affect the prior processing of data.
Pursuant to applicable data protection laws, you have the right: a) to access your personal data; b) to request the rectification of your personal data; c) to request the erasure of your personal data; d) to impose restrictions on the processing of your personal data; e) to request the transfer of your personal data; f) to object to the processing of your personal data. Please note that the above rights may be limited by national law.
a) Right to information: You have the right to request confirmation from us as to whether personal data concerning you are processed; if this is the case, you have the right to access these personal data.
The right to information covers, inter alia, the purposes of the processing, the categories of personal data concerned and the recipients or categories of recipients to whom the personal data have been or will be disclosed. However, this is not an absolute right, and the interests of other individuals may limit your right to information.
You have the right to obtain a copy of the personal data which are the subject of the processing. For any further copies you request, we may charge a reasonable fee based on the administrative costs.
b) Right to rectification: You have the right to obtain from us the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed by means of providing a supplementary statement.
c) Right to erasure (right to be forgotten): Under certain circumstances you have the right to obtain the erasure of personal data concerning you.
Right to restriction of processing: Under certain circumstances, you have the right to obtain from us restriction of the processing of your personal data. Under these circumstances, the relevant data will be marked and processed only for a specific purpose.
e) Right to data portability: Under certain circumstances, you have the right to receive the personal data you have made available in a structured, commonly used and machine-readable format and have the right to transmit those data to another company without hindrance.
You also have the right to lodge a complaint with the competent supervisory authority.
Right of objection pursuant to Article 21 of the General Data Protection Regulation
The data subject shall have the right to object at any time, on grounds relating to his/her particular situation, to the processing of his/her personal data pursuant to Article 6 (1) lit. (e) or (f).
Given that Westag AG processes and uses your personal data primarily for the purposes of the contractual relationship with you, Westag AG generally has a justified interest in processing your data, which will, however, revoke your request for restriction.
To exercise this right, please contact us at the following address: Datenschutzbeauftragter@westag.com.
