Privacy Notice

Information Regarding Data Protection for Employees (and Applicants)

Version 2.0 from Nov. 16, 2018

 

We would like to inform you which personal data SupplyOn will process as part of the application procedure and during an employment relationship, i.e. if you are hired:

 

1. Name and Contact Details of the Controller

SupplyOn AG
Ludwigstrasse 49
85399 Hallbergmoos
Telephone: +49 811 99997 0
E-Mail: datenschutz@supplyon.com

 

2. Contact Details for the Controller’s Data Protection Officer

Data Protection Officer for SupplyOn is
datenschutz süd GmbH
Wörthstraße 15
97082 Würzburg
Telephone: +49 931 304976 0
E-Mail: datenschutz@supplyon.com

 

3. Purposes of Processing & Legal Basis

A) During the application process

When we receive your application, we process personal data required for your application. This may include contact data, any data related to the application (CV, certificates, qualifications, answers to questions, etc.) and, if applicable, bank details (to reimburse travel expenses). The legal basis for this processing is § 26 FDPA.

B) During Employment

We may collect master data from you which is necessary for the employment relationship: Name, address, date of birth, gender, bank details, nationality.

We may also collect and store information about your employment with us, your qualifications and your career to date. This includes, for example, information regarding your highest level of education or vocational training and the information you provided as part of the application process. Data concerning current second jobs is relevant for us in order to enable us to check compatibility with your employment.

We may also collect tax and social security relevant data. This includes, among other things, your tax identification number, tax class, child allowances, marital status and information concerning your religious denomination (only if relevant under tax law). We collect this and other data, as regulated by § 39e of the German Income Tax Act, directly from the responsible tax authorities.

We may also collect information on taxable pre-employment periods in the current calendar year so that the tax calculation may be adjusted accordingly. We may also collect information about your health insurance and, if applicable, other employment-related supplementary insurances in order to be able to meet any payment and reporting obligations.

When calculating social security contributions, we ask about your parental status. We need this information in order to determine whether a contribution surcharge for long-term care insurance must be paid in accordance with § 55 para. 3 Social XI. If applicable, we may ask you to prove your existing parental status by submitting appropriate documents. In this case, we will only include a note on the examination of the parental status in your personal file and return or destroy the documents.

If your activity is characterized by a special position of trust, we may ask you to provide us with management credentials.

If you are not yet of legal age at the time of recruitment, we may ask you to submit a medical certificate of initial examination. We are legally obliged to do this in accordance with §32 of the Youth Employment Protection Act.

In certain cases, we ask you to present a work permit or a residence permit. This occurs only if it is necessary to verify the legality of your employment.

We will also ask if you have a severe disability. This question enables us to safeguard your rights under Social Code Book IX and to calculate any compensatory contribution in accordance with § 77 Social Code Book IX. This question must only be answered once you have been with the company for six months. During your first six months of employment answering this question is voluntary.

During the employment relationship, we collect and process further personal data, including information on sick leave, absences (vacation, special leave, etc.) and working hours. Here, too, the principle applies that such data is only collected and processed if it is necessary for the employment relationship in accordance with §26 FDPA or if it is legitimized by other legal provisions.

We maintain a personnel file in which we store all central information required for the employment relationship. If you would like to view the contents of your personnel file, please contact the human resources department.

As an employee of SupplyOn, we process your personal data in connection with the use of SupplyOn-Services for the purpose of the employment relationship on the legal basis of Art. 88 para. 1 GDPR in conjunction with §26 para. 1 sent. 1 FDPA-new. Further relevant information on the use of SupplyOn-Services can be found under “Information regarding data protection for users of SupplyOn-Services”.

 

4. Recipients of data and involvement of service providers located outside the EU/EEA

A) During the application process

Your data will be treated confidentially and will not be passed on to third parties. If necessary, we use service providers who are strictly bound by our instructions, who support us in the areas such as IT or the archiving and destruction of documents, and with whom separate contracts for commissioned data processing have been concluded.

B) During Employment

Your data will be treated confidentially. We only transmit data to third parties if this is absolutely necessary and there is a legal basis to do so, for instance to:

  • Banks and tax specialists for the calculation and payment of wages and salaries,
  • Social insurance agencies and fiscal authorities to comply with our legal obligations.

We may also pass your data on to service providers who support us in areas such as IT or archiving and destruction of data and with whom separate contracts for commissioned data processing have been concluded.

Furthermore, in individual cases there may be additional legal obligations for the transmission of data, which only arise in individual cases.

Additionally, we refer you to an excerpt from the data protection intercompany agreement of the SupplyOn AG Group.

 

5. Criteria for the Erasure of Data

A) During the application process

If no legal retention period exists, data will be deleted as soon as storage is no longer necessary or the legitimate interest for storage has expired. If you are not hired, your application will normally be deleted no later than three months after the end of the application proceedings.

In individual cases, individual data may be stored for a longer period of time (e.g. travel expense accounting). The duration of the storage then depends on legal retention obligations, for example from the Tax Code (6 years) or the Commercial Code (10 years).

If you are not hired, but your application is still of interest to us, we will ask you if we may retain your application for future vacancies.

B) During Employment

All data collected by us will be destroyed or deleted as soon as they are no longer required for the employment relationship or the employment relationship has been terminated and legal retention periods have expired.

 

6. Existing Rights: Information, Rectification, Erasure, Restriction, Objection, Data Portability, Complaint to a Supervisory Authority

Data subjects have the right to be informed by the controller about the personal data concerning them and to have incorrect data corrected or deleted, if one of the reasons stated in Art. 17 GDPR applies, e.g. if the data is no longer required for the purposes pursued. You have also the right to limit the processing if one of the conditions mentioned in Art. 18 GDPR is present and in the cases of Art. 20 GDPR the right to transfer data. If data is collected on the basis of Art. 6 para. 1 lit. e (data processing for the fulfilment of official tasks or the protection of the public interest) or lit. f (data processing to pursue legitimate interests), the data subject has the right to object to the processing at any time for reasons arising from his/her particular situation. We will then no longer process the personal data unless there are verifiable compelling grounds for processing worthy of protection which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend a legal claim.

Furthermore, any data subject shall have the right to complain to a supervisory authority if he or she considers that the processing of data concerning him or her is in breach of data protection provisions. In particular, the right of appeal may be exercised before a supervisory authority in the Member State in which the data subject is residing or in which the alleged infringement took place. The competent supervisory authority for SupplyOn is the Bayerisches Landesamt für Datenschutzaufsicht, Promenade 27 (Schloss), 91522 Ansbach, Germany.

 

7. Consequences of Not Providing Personal Data

The disclosure of your personal data is not required by law and you are not contracted to provide it, but it is necessary for the conclusion of an employment contract.

As an applicant or employee of SupplyOn, you are not obliged to provide your personal data. The consequence of not providing your personal data would be that it could impede the conclusion of an employment contract with you.

 

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