Data protection information for applicants
Dear applicants,
In accordance with Articles 13, 14 and 21 of the General Data Protection Regulation (GDPR), we hereby inform you about the processing of the personal data you have provided during the placement process, as well as any personal data we may collect, and your related rights. To ensure that you are fully informed about the processing of your personal data during this process, please take note of the following information.
1. Name and contact details of the controller
The entity responsible for processing your personal data in connection with this contact is:
Bon Pastaio GmbH / Bon Pastaio Produktions GmbH
Lindenstraße 51
D – 04895 Falkenberg
Tel .: + 49 (0) 3536 5 396989
Email: In**@********io.de
Website: www.bonpastaio.de
2. Contact details of the data protection officer
The appointed data protection officer is the
DataCo GmbH
Sandstraße 33
D - 80335 München
Tel.: +49 (0) 89 7400 458 40
Email: da*********@*******rd.de
Website: www.dataguard.de
3. Categories of personal data
As part of the application process, we process only data related to your application. This may include the following personal data:
- Application via the applicant portal or submission of documents by post or email
- Personal data (e.g. title, first and last name, date of birth, nationality, residence permit)
- Address details (e.g. street, house number, postal code, city, country)
- Contact details (e.g. mobile phone number, email address)
- Knowledge (e.g. language skills, additional qualifications)
- Application or profile data (e.g. cover letter, CV, certificates, earliest possible start date, desired position, preferred locations, salary expectations, how you became aware of us)
- If applicable, information regarding severe disability / equal status
- If applicable, details of driver's license and car ownership.
- If applicable, details of contact persons for references
- If applicable, information on current remuneration
- If applicable, data on areas of interest
- Optionally, a link to professional networks such as XING or LinkedIn profile.
- Bank details for travel expense reimbursement, if applicable.
- Application photo (if applicable)
- Your consent to be included in the applicant and/or talent pool has been obtained.
- Your consent to be contacted with references you have named, as well as any data from correspondence with these references.
4. Purposes of processing and its legal basis
Your personal data will be processed for the following purposes:
- Conducting the application process and deciding on the establishment of the employment relationship
- Communication (phone, email)
- Implementation of pre-contractual measures (initiation of the employment relationship)
- Inclusion of applicant data in an applicant pool
- Assertion, exercise or defense of legal claims arising from the application process
Processing of special categories of personal data that have been made public – Art. 9 para. 2 lit. e GDPR
Insofar as special categories of personal data that you have obviously made public are processed, your data will be processed in accordance with Art. 9 para. 2 lit. e GDPR.
Processing for the purpose of establishing, exercising or defending legal claims or in the case of court proceedings – Art. 6 para. 1 sentence 1 lit. f GDPR, Art. 9 para. 1 lit. f GDPR
Where necessary, your data will be processed for the purpose of asserting, exercising or defending legal claims or in the case of actions by the courts pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR, Art. 9 para. 1 lit. f GDPR.
Processing based on consent – Art. 6 para. 1 sentence 1 lit. a GDPR in conjunction with Art. 7 GDPR, Art. 88 para. 1 GDPR in conjunction with Art. 26 para. 2 BDSG
If you have given your consent to data processing, your data will be processed in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR in conjunction with Art. 7 GDPR, Art. 88 para. 1 GDPR in conjunction with Art. 26 para. 2 BDSG.
Decision on the establishment of the employment relationship – Art. 6 para. 1 sentence 1 lit. b GDPR, Art. 88 para. 1 GDPR in conjunction with § 26 para. 1 BDSG
We process your data to make a decision regarding the establishment of an employment relationship. If you are hired by our company, your data will be processed for the purpose of carrying out and terminating the employment relationship. You will receive separate information about the processing of your personal data in this regard.
Processing based on legitimate interest – Art. 6 para. 1 sentence 1 lit. f GDPR
Insofar as processing is carried out to protect a legitimate interest of ours or a third party, and your interests or fundamental rights and freedoms do not override that interest, Article 6(1)(f) GDPR serves as the legal basis for the data processing. Our legitimate interest arises in particular from the following reasons:
- The proper execution and optimization of the application process
- Assertion, exercise or defense of legal claims
Processing of special categories of personal data – Art. 9 para. 2 lit. a GDPR
If you have given your consent to the processing of special categories of personal data, such as health data, religious affiliation or nationality, your data will be processed in accordance with Art. 9 para. 2 lit. a GDPR.
5. Data collection from other sources
Your personal data will not be collected from other sources, nor is such collection intended.
6. Recipients or categories of recipients of the personal data
As part of the application process, your personal data will only be forwarded to those employees of our company who need it to fulfill the purposes mentioned in section 4.
As part of processing your personal data, we may disclose your personal data to the following recipients:
- Internally, only authorized employees have access to an applicant's data via an authorization concept.
- processors
For communication with applicants, we use the Microsoft 365 service, including Microsoft Teams, provided by Microsoft Operations Ltd. in Dublin, Ireland. Further information on Microsoft's data processing can be found at: https://privacy.microsoft.com/de-de/privacystatement
7. Transfer of personal data to a third country
Your personal data will not be transferred to third countries outside the European Union or the European Economic Area, nor is this planned.
8. Duration of storage of personal data
We will delete your personal data as soon as the purposes for its storage mentioned in section 4 no longer apply, or you object to the use of your personal data (in the case of processing based on legitimate interests), or you withdraw your previously given consent. However, your personal data may also be stored beyond this point, in particular in the following cases:
- if contractual, statutory (in particular from the German Commercial Code, the German Criminal Code and the German Fiscal Code) or statutory retention periods preclude deletion
- for the assertion, exercise or defense of legal claims
- if this is necessary under European or national laws to fulfill a legal obligation to which we are subject.
The following retention periods result for us in particular from legal regulations:
- Following a decision not to fill the position: 6 months retention period for application documents (§ 15 para. 4 General Equal Treatment Act (AGG), § 224 Code of Civil Procedure (ZPO)).
Provided the applicant has consented, their application documents will be added to the applicant pool and stored there for a maximum of six months from the date of consent. They will be deleted when the purpose for which they were collected no longer applies or when the applicant withdraws their consent.
If you are hired by our company, your personal data will be deleted when the purpose for which it was collected no longer applies, at the latest after the termination of your employment, unless statutory retention periods prevent its deletion.
9. Data subject rights
Under the General Data Protection Regulation (GDPR), you have the following rights:
- If your personal data is processed, you have the right to obtain information from the controller about the data stored about you (Art. 15 GDPR).
- If incorrect personal data is processed, you have the right to rectification (Article 16 GDPR).
- If the legal requirements are met, you can request the deletion or restriction of processing (Articles 17 and 18 GDPR).
- If you have consented to data processing or a data processing agreement exists and the data processing is carried out using automated procedures, you may have a right to data portability (Art. 20 GDPR).
- If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
- You also have the right to lodge a complaint with a supervisory authority (Art. 77 GDPR). The supervisory authority responsible for us is the State Commissioner for Data Protection and Freedom of Information of Brandenburg. You can contact them at:
Stahnsdorfer Damm 77, 14532 Kleinmachnow
Phone: 033203 356-0
Home Page: www.lda.brandenburg.de
You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you which is based on point (e) of Article 6(1) of the GDPR (processing necessary for the performance of a task carried out in the public interest) and point (f) of Article 6(1) of the GDPR (processing necessary for the purposes of the legitimate interests pursued by the controller or by a third party), pursuant to Article 21(1) of the GDPR. This also applies to profiling based on those provisions within the meaning of Article 4(4) of the GDPR. 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 is necessary for the establishment, exercise or defence of legal claims. The objection can be made informally.
10. Right of withdrawal of consent
If you have consented to the processing of your data by the controller through a corresponding declaration, you can withdraw this consent at any time with effect for the future. The lawfulness of the data processing carried out on the basis of the consent until its withdrawal remains unaffected.
11. Automated decision-making including profiling
Automated decision-making, including profiling, does not take place.