Data protection declaration for applicants (m/f/d)

We are pleased that you would like to apply to Aeris GmbH. Below we explain how we process your personal data as part of an application and provide other relevant information in this context.

1. Who is responsible for the processing of your personal data?

Aeris GmbH, Hans-Stießberger-Str. 2a, 85540 Haar, Germany (hereinafter referred to as “we”) is the controller within the meaning of the EU General Data Protection Regulation (“GDPR”).

2. Data Protection Officer

If you have any questions about the processing of your personal data and the exercise of your rights under the GDPR, you can contact our data protection officer by email at datenschutz@aeris.de or our data protection coordinator by phone at +49 (89) 900 506-0.

3. For what purposes and on what legal basis do we process personal data?

We process personal data about you for the purpose of your application for an employment relationship, insofar as this is necessary for the decision on establishing an employment relationship with us. The legal basis for this is Section 26 Paragraph 1 in conjunction with Paragraph 8 Sentence 2 BDSG. We can also process personal data about you to the extent that this is necessary to defend against legal claims asserted against us arising from the application process. The legal basis for this is Art. 6 Paragraph 1 Letter f GDPR; the legitimate interest is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG). If an employment relationship arises between you and us, we can, in accordance with Section 26 Paragraph 1 BDSG, further process the personal data already received from you for the purposes of the employment relationship if this is necessary for the implementation or termination of the employment relationship or for the exercise or fulfillment of the rights and obligations of the employee representation arising from a law or a collective agreement, a works agreement or service agreement (collective agreement).

4. Which categories of personal data do we process

We process data related to your application. This may be general information about you (such as name, address and contact details), information about your professional qualifications and school education or information about professional training or other information that you send to us in connection with your application.

5. Is the transfer to a third country intended?

There is no intention to transfer data to a third country.

6. How long will your data be stored?

We store your personal data for as long as it is necessary to decide on your application. If an employment relationship between you and us does not come about, we may continue to store data insofar as this is necessary to defend against possible legal claims. The application documents will be deleted no later than six months after the rejection decision is announced, unless longer storage is necessary due to legal disputes.

7. What rights do you have?

As an applicant with us, you have the following data protection rights depending on the situation in the individual case, to exercise which you can contact us or our data protection officer at any time using the details given in sections 1 and 2:

a. Information
You have the right to obtain information about your personal data processed by us and to request access to your personal data and/or copies of this data. This includes information about the purpose of use, the category of data used, their recipients and those authorized to access it and, if possible, the planned duration of data storage or, if this is not possible, the criteria for determining this duration;

b. Rectification, erasure or restriction of processing
You have the right to request that we immediately correct any inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to request that incomplete personal data be completed - also by means of a supplementary statement.

c. Right to object
To the extent that the processing of personal data concerning you is based on Art. 6 (1) (f) GDPR, you have the right to object to the processing of this data at any time for reasons arising from your particular situation. We will then no longer process this personal data unless we can demonstrate compelling legitimate grounds for the processing which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

d. Right of withdrawal
If the processing is based on consent, you have the right to withdraw your consent at any time without affecting the legality of the processing carried out on the basis of the consent until the withdrawal. To do so, you can contact us or our data protection officer at any time using the details provided above.

e. Right to erasure
You have the right to request that we delete personal data concerning you without undue delay and we are obliged to delete personal data without undue delay where one of the following reasons applies:

- The personal data are no longer necessary for the purposes for which they were collected or otherwise processed
- You object to the processing in accordance with point 7.c above and there are no overriding legitimate grounds for the processing.
- The personal data were processed unlawfully.
- The erasure of personal data is necessary to fulfill a legal obligation under Union or Member State law to which we are subject.

This does not apply if processing is necessary:
- to fulfill a legal obligation which requires processing by Union or Member State law to which we are subject.
- to assert, exercise or defend legal claims.

f. Right to restriction of processing
You have the right to request that we restrict processing if one of the following conditions applies:

- the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of the personal data,
- the processing is unlawful and you oppose the erasure of the personal data and request the restriction of the use of the personal data instead;
- we no longer need the personal data for the purposes of processing, but you require them to assert, exercise or defend legal claims, or
- you have objected to the processing pursuant to point 7.c above, pending the verification whether our legitimate grounds outweigh yours.

Where processing has been restricted pursuant to this letter e, such personal data shall – with the exception of storage – only be processed with your consent or for the establishment, exercise or defence of legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State. If you have obtained a restriction on processing, we will inform you before the restriction is lifted.

g. Right to complain
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or place of the alleged infringement if you consider that the processing of personal data concerning you infringes the GDPR.

8. Necessity of providing personal data

The provision of personal data is neither required by law nor by contract, nor are you obliged to provide the personal data. However, the provision of personal data is necessary for the conclusion of a contract for an employment relationship with us. This means that if you do not provide us with personal data when applying for a job, we will not enter into an employment relationship with you.