Data Protection Applicants

Information on data privacy in applicant management in accordance with Art. 13 DSGVO

Personal data is collected from you in the employment relationship. Therefore, due to the new regulations in the General Data Protection Regulation (DS-GVO), we are obliged to inform you in accordance with Art. 13 et seq. DS-GVO to inform you about the following:
  • Your employer is responsible for the collection and processing of your data:
    E. M. Group Holding AG
    Hettlinger Str. 9
    86637 Wertingen
    and affiliated companies within the meaning of
    E-Mail: karriere@em-group.de
  • The contact details of our data protection manager are:
    Herrn Christian Volkmer 
    Projekt 29 GmbH & Co. KG 
    Ostengasse 14 
    93047 Regensburg
    E-Mail: datenschutz.de@lusini.com
  • Your data will be collected and processed as part of the recruitment process or to implement the employment relationship.
  • The required data includes, in particular, your master data (especially first and last name, name affixes, nationality), your contact data (especially private address, mobile and landline number, e-mail address), other data from the employment relationship, such as time recording data, vacation periods, periods of incapacity to work, skill data, social data, bank details, social security number, pension insurance number, salary data, tax identification number, special health data and, if applicable, criminal records) as well as log data that accrue when using the IT systems.
  • Your personal data is mainly collected directly from you. However, due to legal requirements, your data may also be collected from other sources, such as the tax office for the purpose of querying tax-related information, the health insurance company for information on periods of incapacity for work or, if applicable, from other third parties, such as an employment agency or from publicly accessible sources (e.g. professional networks).
  • Within our company, your personal data will only be disclosed to those persons who need it to fulfill our contractual and legal obligations, such as the HR department, the accounting department, the specialist department or the representative for the severely disabled. 

    Within our group of companies, your data will be transferred to certain companies if they perform data processing tasks centrally for the companies affiliated in the group (e.g. payroll accounting, disposal of files).
  • If we use service providers to fulfill our contractual and legal obligations, they also receive the necessary data.
  • We transfer your data to other recipients beyond the company insofar as this is necessary for the fulfillment of our contractual and legal obligations. These are, in particular, the social insurance institutions, the health insurance fund, the pension insurance fund, professional pension institutions, the employment agency, the employers' liability insurance association, the tax authorities, accident and liability insurers, courts, banks, competent bodies in order to be able to guarantee claims from the company pension scheme or capital-forming benefits, third-party debtors in the event of wage and salary garnishments or insolvency administrators in the event of private insolvency. Your data will not be transferred to a third country.
  • We process your personal data in compliance with all applicable laws, such as the DS-GVO, the German Federal Data Protection Act (BDSG), the Works Constitution Act, the Working Hours Act, etc. 

    Primarily, the data processing serves the purpose of establishing, implementing and terminating the employment relationship. The relevant legal basis for this is Art. 6 1 b) DS-GVO in conjunction with. § 26 (1) BDSG. In addition, collective agreements (group, general and company agreements as well as collective bargaining agreements) pursuant to Art. 6 (1) b) in conjunction with Art. 88 (1) DS-GVO can be used. Art. 88 (1) DS-GVO in conjunction with. § 26 para. 4 BDSG as well as, if applicable, your separate consents pursuant to Art. 6 para. 1 a), 7 DS-GVO in conjunction with. § Section 26 (2) BDSG (e.g. in the case of video recordings) may be used as a data protection permission provision.

    We also process your data in order to be able to fulfill our legal obligations as an employer, in the area of tax and social security law. This is done based on Art. 6 (1) c) DS-GVO in conjunction with. § 26 BDSG.

    To the extent necessary, we also process your data on the basis of Art. 6 (1) f) DS-GVO in order to protect legitimate interests of us or of third parties (e.g. authorities). This applies in particular to the investigation of criminal offences (legal basis Section 26 (1) sentence 2 BDSG) or within the Group for the purposes of Group management, internal communication and other administrative purposes.

    Insofar as special categories of personal data are processed pursuant to Art. 9 (1) DS-GVO, this serves the exercise of rights or the fulfillment of legal obligations from labor law, social security law and social protection within the framework of the employment relationship (e.g. disclosure of health data to the health insurance fund, recording of severe disability due to additional leave and determination of the severe disability levy). This is done on the basis of Art. 9 para. 2 b) DS-GVO in conjunction with. § Section 26 (3) BDSG. In addition, the processing of health data for the assessment of your ability to work pursuant to Art. 9 para. 2 h) in conjunction with. § 22 para. 1 b) BDSG may be necessary. 

    In addition, the processing of special categories of personal data may be based on consent pursuant to Art. 9 (2) a) DS-GVO in conjunction with. § Section 26 (2) BDSG (e.g. occupational health management).

    If we want to process your personal data for a purpose not mentioned above, we will inform you in advance.
  • If your job application is rejected, the data you submitted will be deleted six months after notification of the rejection. This does not apply if longer storage is necessary due to legal requirements (for example, the duty of proof under the General Equal Treatment Act) or if you have expressly consented to longer storage in our database of interested parties.
  • The storage period of the collected data is limited to the employment relationship. We delete your personal data as soon as they are no longer required for the above-mentioned purposes. After termination of the employment relationship, the data will be stored and then deleted in accordance with the statutory or official retention periods, which result, among other things, from the German Commercial Code and the German Fiscal Code. The storage periods thereafter amount to up to ten years. In addition, personal data may be stored for the statutory limitation period of three or up to 30 years if claims can be asserted against us.
  • You have the right to request information from the employer about the data stored about you. Under certain conditions, you may request that your data be corrected or deleted. You may furthermore have the right to restrict the processing of your data as well as the right to have the data provided by you returned to you in a structured, common and machine-readable format.

    Right of objection:
    You also have the right to object to the processing of your personal data for direct marketing purposes without giving reasons. If we process your data to protect legitimate interests, you may object to this processing on grounds relating to your particular situation. We will then 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 to assert, exercise or defend legal claims.
  • You have the right to lodge a complaint regarding the handling of your personal data with the above-mentioned data protection officer or the data protection supervisory authority. The supervisory authority responsible for you is:

    Bavarian State Office for Data Protection Supervision
    Promenade 18
    91522 Ansbach
    Tel.: 0981 180093-0
    Fax: 0981 180093-800
    E-Mail: poststelle@lda.bayern.de
  • The provision of personal data is necessary for the establishment, implementation and termination of the employment relationship and represents a secondary contractual obligation of the employee. If we do not receive the required data, the implementation of the employment relationship with you is not possible.