1. Information on data processing
Herewith we would like to inform our employees about our handling of their personal data in the context of the employment relationship.
2. Purpose of data collection
During the period of your employment, your personal data will be processed mainly for the purpose of performing and/or terminating the contractual relationship, including the tasks related to the respective job. Other purposes may include processing for the purposes of compliance with legal requirements (including third party claims for information) or for corporate development or communication measures.
3. Types of data we process
In the context of your employment, we process the following personal data:
- Applicant data; name date of birth, CV, nationality/work permit, etc. for selection, recruitment, entry and exit management;
- private contact data; address, telephone number, e-mail;
- official contact data;g. telephone numbers, e-mail, place of work, job title;
- Image data; photograph for identification and photographs taken on company occasions;
- Identification/payment data; identity card data or work permit for identification and determination of the legitimacy of employment, place of birth, marital status, parental status, tax identification number, health insurance membership, income tax class, allowances, denominational affiliation for church tax, account number, any wage garnishments (for the purpose of payroll accounting and fulfilment of social security, tax and other legal obligations);
- Health data; periods of absence/incapacity to work, e.g. within the framework of payroll accounting, for settlement with health insurance funds or employers’ liability insurance associations or within the framework of legal obligations as an employer such as company integration management or the fulfilment of obligations in the protection of severely disabled persons or within the framework of company self-monitoring such as occupational health and safety or company medical examinations;
- Time recording, access and utilisation data; holiday times, working time accounts, shift schedules if applicable, closing times or access logs, time logs relating to activities carried out, closing times or access logs, also electronic logs within the framework of the use of our IT infrastructure, etc.;
- Data within the scope of personnel screening; if within the scope of the information management system: e.g. police clearance certificate;
- data on aptitude and performance/behaviour monitoring; training and further training information, data for the purpose of measuring target achievement, e.g. for variable remuneration components, data on incidents relevant to labour law; data on violations of road traffic regulations (“parking tickets”);
- other data in personnel administration; secondary employment, data in the context of occupational health care and occupational health management, occupational health and safety, any degree of severe disability, driving licence ownership, any employee surveys;
4. Categories of recipients
We send your personal data to the following recipients, e.g. in order to comply with legal obligations or obligations arising from the employment relationship:
- Bank service providers, financial service providers, any service providers for calculating pension provisions,
- Service providers for the calculation of employment remuneration – tax consultants, auditors, service providers for information and communication technology, companies for software and equipment maintenance, service providers only for restructuring in the personnel area,
- health, social, pension and accident insurance providers as well as other insurance companies and providers of capital-forming benefits,
- Authorities such as tax authorities, social security funds, employment agencies, if applicable safety, health, road traffic or related fine offices, customs authorities or monitoring offices for undeclared work and minimum wage; other authorities,
- company medical service,
- Companies affiliated under company law (group companies) and persons responsible under joint responsibility: the essential contents of the regulation of tasks with regard to the rights of data subjects can be requested at the contact address given, however, according to Art. 26 (3) of the GDPR, these rights can be claimed by data subjects from all companies involved,
- third-party debtors in the case of wage garnishment, insolvency administrators in the case of personal insolvency,
- Business partners and customers (business contact data), temporary employment agencies.
5. Legal basis for processing
When processing your personal data, we naturally comply with applicable law. Processing therefore only takes place on a legal basis. The following legal bases come into consideration in particular in the employment relationship:
- § 26 BDSG (version as of 25.05.2018) as far as necessary for the implementation of the employment relationship or for the clarification of a concrete suspicion of criminal offences.
- Art. 6 para. 1 lit. a) GDPR on the basis of consent from you, whereby in principle none is required for the conclusion of a contract or the continuation of an existing contract,
- Art. 6 para. 1 lit. b) GDPR for the establishment, performance and termination of a contractual relationship,
- Art. 6 para. 1 lit. c) GDPR for the fulfilment of a legal obligation,
- Art. 6 para. 1 lit. f) GDPR for the protection of a legitimate interest
- Art. 88 GDPR on the basis of collective agreements (works agreements).
6. Legitimate interests
If we process your data within the scope of our legitimate interest, this lies, for example, in:
- the implementation of electronic access controls
- the optimisation of personnel planning,
- achieving efficiency gains by bundling services in individual group companies (in particular personnel, IT, procurement),
- ensuring compliance with safety regulations, requirements, industry standards and contractual obligations,
- asserting, exercising or defending legal claims, including data documenting performance flows,
- preventing damage and/or liability to the company by taking appropriate measures,
- the implementation of internal information and communication measures,
- the reporting of company information.
You have the right to object to the processing of personal data in the context of a legitimate interest on grounds relating to your particular situation. We will then no longer process your data unless we can demonstrate compelling legitimate grounds on our part that override your rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
We do not use the personal data provided by you to make automated decisions concerning you.
7. Data collected by third parties
Via the ELSTAM procedure, we collect data for payroll accounting, which the tax authorities provide to us for correct accounting.
This concerns in particular the payroll accounting data mentioned below.
Note: The overarching information can be found on our main data protection page.
8. Storage period
After the respective purpose has been achieved, your data will be deleted in compliance with the statutory retention periods, usually 6 or 10 years, in the case of various data categories such as occupational pension provision 30 years and longer.