Privacy Notice Applicant
This Privacy Policy Applicant informs you how Bühler processes personal data we receive from you or from a third party during the application process (“Privacy Notice
Applicant”).
The controller of the processing of your personal data in relation with this Privacy Notice Applicant is the company you are applying for a job offer (in the following also „we“ and „us“). Further information can be found under www.buhlergroup.com/privacy.
1. Personal data we process
“Personal data” is information relating to you (or from which you may be identified). We may also obtain certain of the personal data listed below from third-party sources such as recruiting agencies and background screening providers who may gather this data from public sources. The personal data we process include, but are not limited to:
Personal details and contact information, including your name(s), title, government issued identifiers, mobile and/or home phone number, work phone, e-mail address, home address, citizenship/nationality/residency, gender, marital status, date of birth, age.
Personal images, including photographic images, video and audio recordings (if voluntary added by you).
Recruitment information, including CV and cover letter, degrees, academic records, licenses/professional membership, certifications/awards, right to work and work permit information, details of your citizenship, nationality and/or residency, information concerning your application and our assessment of it, any checks we may make to verify information provided or background checks, and third party reference information.
Criminal offences. Where appropriate we will collect information about criminal convictions as part of the recruitment process.
To the extent required or permitted by applicable law, we may also process certain sensitive personal data about you in the context of the recruitment process, in particular information about your gender, race or ethnicity and about any criminal offences if you are applying for a role that requires a criminal record check according to applicable law.
2. Processing purposes; legal grounds
We process your personal data when you apply for a role within Bühler for the purpose of evaluating and assessing your experience and qualifications as it relates to the job position for which you apply, to manage the recruitment process, to administer the online career portal and to carry out background and pre-employment checks. If your application is successful, we will also process applicant information to make you an offer and for onboarding purposes. We process your personal data for these purposes on the basis that it is necessary for entering into an employment contract or for our legitimate interests in managing and administering our business and recruiting staff.
In addition, we process your personal information to the extent it is necessary for compliance with legal and other requirements, such as immigration, record-keeping and reporting obligations, responding to legal process such as subpoenas and court orders, pursuing legal rights and remedies, defending litigation and managing any internal complaints or claims, conducting investigations and complying with internal policies and procedures. We process personal data for these purposes on the basis that we are required to do so by law or it is necessary for the establishment, exercise or defence of legal claims.
You are not under an obligation to provide personal data to us, but if you do not provide information to us that is customarily required in an application, we may not be able to proceed with your application.
3. Parties who may have access to your data
Internal use. Where necessary and as set out in this Privacy Notice Applicant, your data will be accessed by the authorized persons and/or departments of Bühler entities, this includes the disclosure of your personal data to other members of the Bühler group who may process personal data for their own purposes as controllers. In such case, access will be granted only if reasonably required for the purposes described above, if there is a legitimate need to access and process such personal data and as far that any such person are bound by an obligation of confidentiality. Persons having access to your personal data including especially members of the IT, HR, Compliance, Legal, Finance, Privacy, Security and Audit teams.
External use. We may share your personal data if necessary for business requirements or contractual or statutory obligations.
We may also share your personal data with other recipients acting on our behalf, such as a third parties that perform services on our behalf related to the purposes described in this Privacy Notice Applicant, including hosting providers and background screening providers. In such case any processor will be contractually obliged to implement adequate technical and organisational measures in order to safeguard the security of your personal data, to keep any personal data confidential and to only process your personal data as indicated by us.
In addition, we may disclose your personal information if we are required or permitted to do so by law or legal process, for example due to a court order or a request from a law enforcement agency, when we believe disclosure is necessary or appropriate to prevent harm or financial loss, in connection with an investigation of suspected or actual fraudulent or other illegal activity, and in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution, or liquidation).
To the extent that these third parties are located in countries outside the EEA that have not been recognized by the European Commission as providing an adequate level of data protection, we include the European Commission’s EU Standard Contractual Clauses pursuant to Article 45 of the GDPR to safeguard an appropriate level of data protection. Please contact us at the address indicated in sec. 8 below if you wish to obtain a copy if these clauses, which you can also download here.
4. Retention of personal data
We will keep your personal data for a limited amount of time and will delete your personal data after it is no longer necessary for the purposes of the processing. Should we not be able to consider your job application we will store your recruitment information for additional 6 months starting with the rejection of the application. After 6 this months all personal data will be deleted if not further used for legal purposes. Should we wish to add you to our application tool we would ask for your prior approval. If you agree to such an extended processing of your personal data we would keep your recruitment information for possible future open job positions. We may process your personal data for a longer period after your employment has ended, if there is a pending legal dispute or if you have given us permission to keep your personal data on record for a longer period of time.
5. Your rights under data protection law
You have certain rights under the conditions set out in Swiss and European Union data protection law.
(a) Right of access: You are entitled to request at any time a confirmation from us whether we process personal data about you, further you have the right to request a copy of the personal data we hold about you and certain details of how we use it.
(b) Right to rectification: We take reasonable steps to ensure that the information we hold about you is accurate and complete. However, if you do not believe this is the case, you can ask us to update or amend it.
(c) Right to erasure: You have the right to ask us to erase your personal information, for example where the personal information we collected is no longer necessary for the original purpose or where you withdraw your consent.
(d) Right to restriction of processing: You are entitled to ask us to stop using your personal information, for example where you think that the personal data may be inaccurate or is no longer need to used.
(e) Right to data portability: Under certain circumstances you have the right to ask that we transfer personal information that you have provided to us in a commonly used and machine-readable format to you or another third party of your choice.
(f) Right to object: You have the right to object to processing which is based on our legitimate interests, which is the case here.
(g) Right to withdraw consent: If we base the processing of your personal data on your consent, you have at any time the right to withdraw your consent to further use of your personal information. The withdraw of your consent has no influence on the previous processing of your personal data.
(h) Right to lodge a complaint: You have the right to lodge a complaint with us or with a supervisory authority.
To exercise these rights, please contact us as indicated below.
6. Online Application
When you apply over an online tool to one of our job offers, we will process certain personal data. For information about how we process personal data collected through an online facility please check www.buhlergroup.com/privacy.
We may use functionalities from providers such as LinkedIn or XING, which may result in the provider concerned processing data about you.
7. Updates to this Privacy Notice Applicant
This Privacy Notice Applicant may be updated periodically to reflect changes in our privacy practices.
8. Contact Details
Should you wish to receive further information please visit www.buhlergroup.com/privacy or contact us over: dataprotection@buhlergroup.com.
June 5th, 2018