Data privacy information for applicants to Agrobs GmbH

We are pleased to learn that you are interested in working at our company, and that you are applying or have applied for a position at Agrobs. Below you will find information on the processing of your personal data in connection with your application.
 

1. Who is responsible for data processing?

Agrobs GmbH
represented by
Florian Berger, Simon Berger in Angerbreite 27, 82541 Degerndorf, Germany
email: info@agrobs.de
Tel: +49 (0) 8171-9084-0

Our data protection officer can be reached at the address provided in the Legal Notice or by
email: datenschutz@agrobs.de
 

2. Purposes and legal basis for processing

We process your personal data insofar as it is necessary to consider the establishment of an employment relationship. Its primary legal basis is Article 6 (1) (b) GDPR in connection with Section 26 of the Federal Data Protection Act FDPA).

We record only the personal data from you that is necessary for the application process (in particular: first name, last name, address, email, position to which you are applying, information from the application). In order to thoroughly review your application, it is necessary that you also provide us with information about your previous job experience.

If you are applying online, provide this information in the online form; for all other application methods, we collect relevant information from the application and, if necessary, scan the application materials.

For your application we use only data that comes directly from you or a person duly authorised by you. During the application process, additional personal data may be collected from you personally, from generally accessible sources or from your former employers and instructors. This may also include data that you make available online for the purpose of professional presentation (for example in business networks). We do not carry out additional research on you, for example through internet search engines.

When filling certain positions, in particular management positions, we may – with your express consent – involve personnel consultants to conduct assessment centres or potential analyses.

If we enquire about your gender in the context of the desired form of address during the application process, this is only because we wish to address you correctly in conversation and correspondence. The reason for stating your age or entering your date of birth is that a minimum age is required by law for some of our work.
 

2.1 Consent (Article 6 (1) (a) GDPR)

Insofar and to the extent that you have granted us consent to data processing for specific purposes, for example for us to contact you to offer you future open positions at our company, the processing period is based on the purpose of the consent. Please note the information provided in connection with the declaration of consent.
 

2.2 Execution of pre-contractual measures and fulfilment of contractual obligations (Article 6 (1) (b) GDPR)

We process your personal data in order to carry out measures and activities as part of pre-contractual relations, in particular for contract negotiations.
 

2.3 Fulfilment of legal obligations (Article 6 (1) (c) GDPR)

2.4 Safeguarding the legitimate interests of us or of a third party (Article 6 (1) (f) GDPR)

We process your personal data insofar as this is necessary in the defence against asserted legal claims against us arising from the application process. Legitimate interest is for example a burden of proof in proceedings under the General Act on Equal Treatment (AGG).
 

3. Categories of personal data which are processed by us and whence these come

We process personal data that we receive from you as part of your application. This involves data that you make available to us as part of your application, especially from the transmission of application materials and the information you provide in interviews. We also view applicants’ profiles on XING, LinkedIn and other professional social networking sites if available. We do not view applicants’ personal social media profiles.

In addition it is possible that we receive data from recruiters to whom you have submitted your application materials and who suggest you as a candidate for a position with us.
 

4. Who receives your data?

Naturally, your data is handled confidentially and made available only to those individuals in the company who are involved in the hiring process (HR, department, works council).

Other data recipients may include data processors such as software providers, IT service providers, document shredders, etc. We have concluded an order processing agreement with these providers which ensures that the data processing is carried out in an permissible manner.
 

5. Transfer of your data to a recipient in a third country or to an international organisation

If we transfer personal data to service providers outside the European Economic Area (EEA), transfer is carried out only insofar as the third country has been confirmed by the EU Commission as having an adequate level of data protection or other adequate data protection guarantees (e.g. binding internal company data protection regulations or EU standard contractual clauses) are in place, unless a legal exception to the adherence of the data protection level exists (Article 49 GDPR), in particular your express consent under data protection law.
 

6. How long do we store your data?

We store your personal data for as long as necessary for the realisation of the processing purposes and/or the fulfilment of legal retention obligations.

If you have not been chosen for the position to which you applied, we delete your data; if you withdraw your application, six months after the withdrawal of your application, and if we reject you, after six months from the time of the rejection. In the event that an employment contract is concluded between you and us, your application materials will be included in your personnel file and stored there at least for the duration of the employment relationship.
 

7. To what extent does automated individual decision-making occur (including profiling)?

We use no purely automated decision-making processes in accordance with Article 22 GDPR. If we use these processes in individual cases, we shall inform you of this separately.
 

8. Scope of your obligations to provide us with your data

Applying to us is voluntary. The provision of your personal data with respect to your previous professional and/ or educational development, your qualifications, your abilities and personal information about you and how you can be reached is necessary so that we can find out whether you as applicant are a good fit for the position and we can make a selection. Without the provision of personal data from you as applicant, no selection and no application process can be carried out.

Consequently, failure to provide personal data will result in your not being considered as a candidate to fill the position.
 

9. Data subject rights

At the address provided above and under certain preconditions,

• you may request information on your personal data that we have processed in accordance with Article 15 GDPR. In particular, you may request information on the purposes of processing, the category of personal data, the categories of recipients where your data was or is disclosed, the planned storage duration, the existence of a right of rectification, deletion, and restriction of processing or objection, the existence of a right to appeal, the origin of your data, insofar as these were not collected by us, and on the existence of an automated decision-making process including profiling and, if applicable, meaningful information on their details.
• in accordance with Article 16 GDPR, to request the immediate rectification and completion of incorrect or incomplete personal data stored by us;
• in accordance with Article 17 GDPR, to request the deletion of your personal data stored by us, insofar as the processing is necessary for exercising the right to freedom of expression and information, for the fulfilment of a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims;
• in accordance with Article 18 GDPR, to request the restriction of the processing of your personal data, insofar as the accuracy of the data is contested by you, the processing is unlawful, but you decline its deletion and we no longer require the data, you however require this for the assertion, exercise or defence of legal claims or you have objected to the processing in accordance with Article 21 GDPR;
• in accordance with Article 20, to request the receipt of your personal data, which you have provided us, in structured, commonly-used and machine-readable format and to transmit this data to another data controller;
• In accordance with Article 7 (3) GDPR, to withdraw your consent at any time. The consequence of this is that we may no longer continue the data processing based on this consent for the future.

If you wish to assert one of these rights, please contact us or our data protection officer.
 

Information on your right to object in accordance with Article 21 GDPR

You have the right to object to the processing of your personal data which is carried out on the basis of Article 6 (1) (f) GDPR (data processing for the safeguarding of legitimate interests) or Article 6 (1) (e) GDPR (data processing for the performance of a task carried out in the public interest).

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves for the assertion, exercise or defence of legal claims.
 

Information on your right to withdraw in accordance with Article 7 (3) GDPR

Insofar as we carry out the processing of your personal data for certain purposes based on your consent, in accordance with Article 7 (3) GDPR you have the right to withdraw your consent at any time. After receipt of your withdrawal we will stop the processing of your data for the purposes for which you gave us your consent. The lawfulness of the processing prior to receipt of your revocation remains unaffected.

Please note that the withdrawal shall take effect for the future. Processing carried out before the withdrawal shall remain unaffected.

Objection to processing for direct marketing purposes

In the case of data processing for direct marketing, you have the right to object to the processing of your personal data for the purpose of such marketing at any time, as well as for profiling, insofar as it is connected to said direct marketing.

If you object to the processing for direct marketing, your personal data will no longer be processed for these purposes.

Objection can be made without formalities and should be sent to:

datenschutz@agrobs.de

10. Your right to appeal to the competent supervisory authority

You are entitled to lodge a complaint with a data protection supervisory authority if you believe that the processing of your data infringes the GDPR (Article 77 GDPR). The competent supervisory authority for us is:

The Bavarian State Office for Data Protection, Promenade 18, 91522 Ansbach. Tel: +49 (0) 981 180093-0, email: poststelle@lda.bayern.de