Privacy Statement for Applicants
We are pleased that you would like to apply. In the following, we explain how we process your personal data, within the context of an application and provide additional relevant information.
1. Who is responsible for processing your personal data?
kothes GmbH in Kempen (Germany) or, for applications for positions in Switzerland, kothes Schweiz GmbH in Wallisellen (hereinafter referred to as "we"), is responsible within the meaning of the General Data Protection Regulation ("GDPR").
2. Data Protection Registrar
You can consult with our Data Protection Registrar on all questions relating to the processing of your personal data and the process related to exercising your rights in accordance with the GDPR.
The name and address of the Data Protection Registrar is:
Dr. Patrick Schweisthal
3. For what purposes and on what legal basis do we process personal data?
We process personal data about you for the purpose of your application for employment, and to the extent necessary to decide whether to enter into an employer-employment relationship. The legal basis is § 26 Abs. 1 i.V.m Abs. 8 S. 2 BDSG.
Furthermore, we may process personal data about you, to the extent necessary to defend ourselves against legal claims asserted against us associated with the application process. The legal basis is Art. 6 Abs. 1, f DSGVO (GDPR); the legitimate interest is, for example, an obligation to provide evidence in proceedings under the German General Equal Treatment Act (AGG).
If there is an employment relationship between you and us, we may further process your personal data already for the purposes of the employment relationship in accordance with § 26 Abs. 1 BDSG (if necessary) for the performance or termination of the employment relationship or for the exercise or performance of the duties arising from a legal or a collective agreement, a works agreement or a service agreement (collective agreement)
the rights and obligations of workers' representatives are required.
4. Which categories of personal data do we process?
We process 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 education or information about professional development or other information you provide to us that is related to your application. In addition, we may process job-related information made publicly available by you, such as your profile on professional social media networks.
5. What are the categories of recipients of this data?
Your personal data will be processed by our HR staff and may be viewed by our company's leadership during the selection process. The data will not be passed on by us to third-parties. Nor is a transfer to a third country intended.
6. How long will your data be stored?
We store your personal data for as long as is necessary to make a decision regarding your application. If an employment relationship between you and us is not established, we may also continue to store data to the extent necessary, in order to defend against possible legal claims. The application documents are deleted two months after notification of the decision not to proceed, unless longer storage due to litigation is required.
7. What rights do you have?
As an applicant with us you have, depending on the situation in individual cases, the following data protection rights – for the exercise of which you can contact us or our Data Protection Registrar at any time under the information described in items 1 and 2:
You have the right to obtain information about your personal data processed by us 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 authorised individuals and, if possible, the planned duration of the data storage or, if this is not possible, the criteria for determining this duration;
b. Correction, Deletion or Restriction of Processing
You have the right to demand the immediate correction of incorrect personal data concerning you.
In consideration of 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 your personal data takes place on the basis of Art. 6 Abs. 1, f DSGVO (GDPR), then you have the right to object to the processing of this data at any time for reasons arising from your particular situation. We will then no longer process such personal data unless we can demonstrate compelling legitimate grounds for processing which outweigh your interests, rights and freedoms, or the processing serves the assertion, exercise, or defence of legal claims.
d. Right to Revoke
If the processing is based on consent, then you have the right to revoke the consent at any time, without affecting the legality of the processing based on the consent up to the point of revocation. You can contact us or our Data Protection Registrar at any time at the details listed above.
e. Right to Delete
You have the right to request that we delete any of your personal information immediately, and we are obligated to delete any personal information immediately if any of the following reasons apply:
- Personal data is no longer necessary for the purposes for which it was collected or otherwise processed.
- You object to the processing in accordance with item 8.c above, and there are no overriding legitimate reasons for continued processing.
- The personal data was processed unlawfully.
- The deletion of personal data is necessary to fulfil 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 required:
- To fulfil a legal obligation under union law or the law of the member states to which we are subject.
- To assert, exercise, or defend legal claims.
f. Right to Restrict Processing
You have the right to demand that we 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 us to verify the accuracy of the personal data,
- the processing is unlawful and you refuse the deletion of the personal data and instead demand the restriction of the use of the personal data;
- we no longer need your personal data for the purposes of processing, but you need it to assert, exercise or defend legal claims, or
- you have objected to the processing under paragraph 8.c above, as long as it is not yet certain whether our legitimate reasons outweigh yours.
Where processing has been restricted in accordance with this item (e), such personal data shall not be processed, other than with your consent or for the purpose of asserting, exercising, or defending legal rights or protecting the rights of another natural or legal person or for reasons of an important public interest of the union or of a member state, except where they are stored. If you have obtained a restriction on processing, we will inform you before the restriction is lifted.
g. Right of Appeal
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular within the member state in which you reside, at your place of work or at the location where the infringement is alleged, if you consider that the processing of your personal data is contrary to the GDPR.
8. Obligation to provide Personal Information
The provision of personal information is neither required by law nor by contract; nor are you obliged to provide the personal information. However, the provision of personal information is required to enter into an employment contract with us. This means that unless you provide us with personal data when applying, we will not enter into any sort of employment relationship.
9. No Automatic Decision-Making
There is no automatic decision in individual cases within the meaning of Art. 22 GDPR (i.e. the decision regarding your application is not based on automated processing).