Applicant data processing notice
Applicant data processing notice
Bystronic provides this Applicant Data Processing Notice ("Notice") to describe our practices as the responsible controller regarding the processing of personal data relating to applicants in connection with their application at Bystronic.
1. Categories of Personal Data
Bystronic processes the following categories of personal data about you provided by you in connection with your application (collectively, "Application Data"):
- contact details, such as your name, home address, telephone number, email address; when applying to our talent community also your country of residence and if provided voluntarily your LinkedIn profile;
- information about your professional experience and abilities, such as previous employments, language skills, performance reviews, evaluations and ratings; when applying to our talent community also your preferred region/country of employment and your job categories of interest;
- photo (if provided voluntarily).
It is not anticipated to process sensitive personal data, however, if you provide us with sensitive personal data, such as health data, we will also process such data.
2. Processing Purposes, Legal Basis, and Consequences
Application Data is processed for recruitment and hiring purposes to determine your ability and suitability for the position(s) for which you have applied, and, in case of an integration to our applicant pool or talent community, for possible future opportunities (collectively, "Processing Purposes"). Specifically, the data is used for the following purposes:
- Recruitment for specific positions: Your Application Data is processed to assess your candidacy for the position(s) you have applied for, to contact you during the recruitment process, and to make hiring decisions.
- Applicant pool and talent community: With your consent, your Application Data may be retained after the recruitment process in Bystronic's applicant pool. It may also be retained in case of an unsolicited application to our talent community. This allows us to keep your profile on file and consider you for future job opportunities that match your experience and possibly preferences. We may also contact you with updates about relevant job opportunities or invite you to apply for future roles.
Bystronic relies on the following legal basis for the processing of Application Data:
- Steps prior to entering into a contract at the request of the applicant (Art. 6 (1) lit. b GDPR);
- legitimate interest of Bystronic, Bystronic's affiliates or other third parties, where the legitimate interest is in particular application management and in retaining qualified candidates in an applicant pool and talent community for future employment opportunities. (Art. 6 (1) lit. f GDPR);
- consent, if provided by you and to the extent permitted by applicable law (Art. 6 (1) lit. a GDPR);
- compliance with legal obligations to which we are subject (Art. 6 (1) lit. c GDPR).
The provision of such data is voluntary. Not providing the Applicant and Sensitive Applicant Data may prevent Bystronic from managing the recruiting process with you and may require Bystronic to not take into account your application. Furthermore, if you do not provide your consent to join the applicant pool or talent community, we will not be able to consider your profile for future job opportunities.
3. Categories of Recipients
Bystronic will process your Applicant Data in its HR Department and other departments relevant for the position. Bystronic may transfer your Applicant Data to third parties for the Processing Purposes as follows:
- Within the group: To the extent necessary for the job you have applied for, Bystronic may share your personal data with other group companies. Any access to your Applicant Data is restricted to those individuals that have a need to know in order to fulfill their job responsibilities.
- To data processors: Certain third parties, whether affiliated or unaffiliated, may receive your personal data to process such data under appropriate instructions ("Data Processors") as necessary for the Processing Purposes. The Data Processors will be subject to contractual obligations to implement appropriate technical and organizational security measures to safeguard the personal data, and to process the personal data only as instructed.
4. Retention Period
By submitting your application, you agree that Bystronic and/or our service providers may process and store your Application Data strictly to the extent necessary for the performance of our obligations and strictly for the time necessary to achieve the purposes for which the information is collected, in accordance with applicable data protection laws.
For specific job applications: To evaluate your application for a specific position within our recruitment process. If you applied, but we rejected your application, we will store your Application Data for up to six months. After six months your Application Data will be deleted, unless your personal data may need to be kept longer (e.g. due to an emerging lawsuit to exercise or defend our claims). If we want to add you to our applicant pool, we may ask for your consent to do so in our rejection mail. In such a case your Application Data will be stored for one year for the purpose of re-evaluation or for other vacancies at Bystronic and based on your consent. After 12 months your Application Data will be deleted unless legal obligations require us to keep it longer.
- For applications to our talent community: To store and retain your Application Data in the case of an unsolicited application to become part of our talent community. This allows us to review your Application Data and contact you if a suitable position becomes available. In this context, your submitted data may also be used to notify you of relevant job opportunities and updates regarding our recruitment process. Once the Application Data retention period of 12 months has ended, your Application Data will be deleted unless legal obligations require us to keep it longer or if you provide renewed consent for Bystronic to continue retaining your data for an additional 12 months.
You can update or request the deletion of your candidate profile at any time, as outlined in section 6. (iii).
5. Automated Decision-Making
Bystronic does not engage in automated decision-making in the context of applications.
6. Your Rights
If you have declared your consent regarding certain types of processing activities, you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.
Pursuant to applicable data protection law you may have the right to: (i) request access to your personal data; (ii) request rectification of your personal data; (iii) request erasure of your personal data; (iv) request restriction of processing of your personal data; (v) request data portability; (vi) object to the processing of your personal data. Please note that these aforementioned rights might be limited under the applicable national data protection law.
(i) Right of access: You may have the right to obtain from us confirmation as to whether or not personal data concerning you is processed, and, where that is the case, to request access to the personal data. The access information includes – inter alia – the purposes of the processing, the categories of personal data concerned, and the recipients or categories of recipient 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 restrict your right of access.
You may have the right to obtain a copy of the personal data undergoing processing. For further copies requested by you, we may charge a reasonable fee based on administrative costs.
(ii) Right to rectification: You may have the right to obtain from us the rectification of inaccurate personal data concerning you. Depending on the purposes of the processing, you may have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
(iii) Right to erasure (right to be forgotten): Under certain circumstances, you may have the right to obtain from us the erasure of personal data concerning you and we may be obliged to erase such personal data.
(iv) Right to restriction of processing: Under certain circumstances, you may have the right to obtain from us restriction of processing your personal data. In this case, the respective data will be marked and may only be processed by us for certain purposes.
(v) Right to data portability: Under certain circumstances, you may have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you may have the right to transmit those data to another entity without hindrance from us.
To exercise your rights please contact us as stated in the "Questions" section below.
You also have the right to lodge a complaint with the competent data protection supervisory authority.
Right to object pursuant to Art. 21 General Data Protection Regulation
You have the right to object on grounds relating to your particular situation, at any time to the processing of your personal data concerning you which is based on Art. 6 (1) lit. e and f GDPR and we can be required to no longer process your personal data. As Bystronic processes and uses your personal data primarily for purposes of carrying out the contractual employment relationship with you, [Bystronic] will in principle have a legitimate interest for the processing which will override your restriction request.
To exercise your right please contact us as stated in the "Questions" section below.
7. Questions
If you have any questions about this Notice or your rights, please contact the data protection officer of Bystronic: Ecoprotec GmbH, Pamplonastrasse 19, 33106 Paderborn, Germany. The data protection officer can be contacted at gdpr.ch@bystronic.com.