1. Controller and Data Protection Officer
The Controller of the data processing as defined in the data protection legislation is:
If you have questions or comments on data protection, please do not hesitate to contact us.
2. Contact Details of the Data Protection Officer
You can reach our Data Protection Officer as follows:
3. Purposes and Legal Bases of Data Processing
3.1. Carrying out the application procedure
We process your personal data for the decision on the establishment of an employment relationship (carrying out the application procedure) and, if necessary, for enabling the defence in the context of legal disputes.
The processing of personal data for carrying out the application procedure is performed on the basis of Article 6 (1) b) GDPR in conjunction with Article 88 (1) GDPR § 26 (1) of the German Federal Data Protection Act (Bundesdatenschutzgesetz "BDSG").
Any data processing for the purpose of defence in the context of legal disputes is carried out on the basis of Art. 6 (1) f) GDPR. Our legitimate interests here lie in being able to prove the lawful course of the application procedure in any proceedings. In this context, we may process special categories of personal data on the basis of Art. 9 (2) f) GDPR.
Insofar as an employment relationship is established between you and us, we do not delete the data from your application process completely, but add it to your personnel file to the extent necessary. We then process this data for the purpose of implementing the employment relationship. We will then inform you of this in more detail in a separate form.
If your application is unsuccessful, we will either continue to store your application data on the basis of any consent you may have given to be included in our applicant pool (see section 3.2) or delete it at the latest six months after the end of your application procedure.
3.2. Application pool
If your application has not led to employment with us and you have allowed us to include your application data in our applicant pool for subsequent job advertisements, we also process your personal data in order to be able to consider and contact you for future job advertisements and to be able to prove your consent in this regard.
Data processing for inclusion in the applicant pool is performed on the basis of your consent Article 6 (1) a) GDPR in conjunction with § 26 (2) BDSG. If we also process special categories of personal data on the basis of your consent, the data processing is carried out on the basis of Art. 9 (2) a) DSGVO in conjunction with § 26 (2) and (3) BDSG.
You have the right to withdraw your consent at any time. Your withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
The data processing for the proof of your consent is based on Art. 6 (1) c) in conjunction with Art. 5 (1) a), (2), Art. 7 (1) GDPR.
If you have given us your consent, we will store your data for a maximum of 12 months after the end of your application procedure (expiry of your consent). If you withdraw your consent before then, we will delete your data immediately.
3.3. Fulfilment of Legal Obligations
We may also process your personal data in order to meet legal obligations to which we are subject. Such obligations may result from trade, tax, money laundering, financial or criminal legislation. The purposes of the processing result from the respective legal obligation; in general, the processing serves the purpose of meeting statutory control and information obligations.
Data processing is carried out based upon Article 6 (1) c) GDPR.
4. Requirement to provide personal data
You are not obligated to provide your personal data to us. We do however require your personal data to perform the application process. If you do not provide us your personal data, we might be unable to complete the application process and possibly establish an employment relationship with you.
5. Recipients of Personal Data
Internal recipients: Within our company only such persons have access to personal data who need it for the purposes set forth under number 3. These are especially employees from the Human Resources and general management as well as the employees of the recruiting group.
External recipients: We disclose your personal data to external recipients outside our company only if this is necessary in order to handle or process your application or if there is any other legal permission or you have provided us with a consent for this.
6. Data Transfer to Third Countries
If data is transferred to bodies outside the European Economic Area, we ensure prior to the transfer that the recipient either has an appropriate data protection level (e.g. by adequacy decision of the European Commission or the agreement of so-called EU standard contractual clauses with the recipient) or you consented into the transfer.
7. Sources and Data Categories for Data Collection from Third Parties
In some cases, we may process personal data which we didn't obtain directly from you.
The personal data may originate from following sources:
We may process the following categories of personal data that we have not obtained directly from you:
8. Automated Decision-Making or Profiling
9. Rights of Data Subjects
In accordance with the GDPR, you are entitled to the following rights as a data subject, provided that the respective statutory requirements are met:
Access: You have the right to receive information about the personal data pertaining to you that we process.
Rectification: You may demand that inaccurate personal data will be rectified. Furthermore, you may demand that incomplete data will be completed.
Erasure: In certain cases, you are entitled to demand the erasure of your personal data.
Restriction of processing: In certain cases, you are entitled to demand that we restrict the processing of your data.
Data portability: If you have made the data available to us based on a contract or based on consent, you are entitled to demand to receive the data that you provided to us in a structured, commonly used and machine-readable format or to have them transmitted by us to another controller.
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Right to object You have the right to object at any time to the processing of your personal data on the basis of Article 6 (1) f) GDPR for reasons arising from your particular situation. We will then no longer process such personal data for those purposes, unless we can provide compelling protected reasons for such processing that outweigh your interests, rights and freedoms, or the processing is necessary for the assertion of, exercise of, or defense against any legal claims. |
Withdrawal of consent: If you have given us your consent as to the processing of your data, you may withdraw the consent at any time with effect for the future. This does not affect the legitimacy of the processing of your personal data before the withdrawal of the consent.
Asserting your rights: To assert any of your abovementioned rights, please contact us by means of the contact details indicated in number 1 above. When doing so, please make sure that we can clearly identify you.
Right to lodge a complaint with a supervisory authority: If you believe that the processing of the personal data concerning infringes applicable data protection law, you may lodge a complaint with a supervisory authority, in particular in the member state of your habitual residence, your workplace, or at the location of the alleged infringement.
This Website Information on Data Protection for Applicants for employment was last revised in November 2022
DOCOMO Communications Laboratories Europe GmbH