Information to be provided according to art. 12 ff. GDPR (EU) for applicants
Dear Madam,
dear Sir,
dear applicant,
in accordance with legal regulations of the European General Data Protection Regulation („GDPR (EU)“) we are obliged to provide you with comprehensive information about the processing of your personal data in the context of your application process, which we are glad to do.
Data protection and handling of your personal data are very important to us, so we always pay attention to the proper processing of your personal data.
Should you have questions about your application data and their processing, our data protection officer is at your disposal at any time. Our data protection officer is not subject to any instructions, is independent in position and legally bound to secrecy and confidentiality, so you may turn to them in confidence.
Regarding the processing of your personal data in the context of your application process, we inform you of the following:
1.Name and contact details of the controller
Your contact as controller for the purposes of European General Data Protection Regulation („GDPR (EU)“) and other national data protection laws of member states as well as further data protection regulation is, depending on which company you applied at:
ARRI Cine Technik GmbH & Co. Betriebs KG
Herbert-Bayer-Str. 10, 80807 München
Deutschland
Tel.: +49 (0)89 3809-0
Fax: +49 (0)89 3809-1244
E-Mail: webmaster@arri.de
Website: www.arri.com
ARRI Media GmbH
Türkenstraße 89, 80799 München
Deutschland
Tel.: +49 (0)89 3809-0
Fax: +49 (0)89 3809-1244
E-Mail: webmaster@arri.de
Website: www.arrimedia.de
ARRI Rental Deutschland GmbH
Münchner Straße 101/39, 85737 Ismaning
Deutschland
Tel.: +49 (0)89 3809-1240
Fax: +49 (0)89 3809-1798
E-Mail: info@arrirental.de
Website: www.arrirental.de
ARRI Cine + Video Geräte Gesellschaft m.b.H
Pottendorfer Strasse 23-25/3/2/1
A-1120 Wien/Vienna, Österreich/Austria
Tel.: +4318920107-40 Fax.: +4318920107-12
ARRI CT France SARL
54, Rue René Boulanger, 75010 Paris
France
Tel.: +33 1 42412995
E-Mail: info@arrifrance.com
Website: www.arrifrance.com
ARRI Italia S.r.l.
Via Achille Grandi, 50, 20017 Rho (Milan)
Italia
Tel.: +39 02 2622 7175
E-Mail: info@arri.it
Website: www.arri.com
(hereafter referred to as “we“, “us“ or “our“)
2.Contact details of the data protection officer
Protection of your personal data is very important to us. In order to give expression to this meaning, we commissioned a consulting company specialised in data protection and data security to manage these key issues. Our data protection officer also comes from this very experienced group of experts.
We are consulted by:
DataCo GmbH, Dachauer Straße 65, 80335 München, Deutschland
Telefon: +49 89 7400 45840, E-Mail: datenschutz@dataguard.de
In all questions concerning the subject of data protection and data security please contact primarily our central email address:
privacy@arri.de
3.Data processing in the context of the application process
I. Legal basis
I.1 Personal data
Where we obtain consent for the processing of personal data from you, art. 6 (1) a) GDPR (EU), art. 88 (1) GDPR (EU) in conjunction with § 26 Abs. 2 BDSG serves as legal basis.
When processing personal data necessary for establishment of the employment contract art. 6 (1) b) GDPR (EU), art. 88 (1) GDPR (EU) in conjunction with. § 26 Abs. 1 BDSG, § 611a BGB serves as legal basis.
Where the processing of personal data is required for compliance with a legal obligation, to which we are subject, art. 6 (1) c) GDPR (EU) serves as legal basis.
In case that vital interests of you or another natural person make necessary the processing of personal data, art. 6 (1) d) GDPR (EU) serves as legal basis. If processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, and the interests or fundamental rights and freedoms of you do not override said interests, art. 6 (1) f) GDPR (EU) serves as legal basis for processing.
I.2 Special categories of personal data
Where we obtain consent for the processing of special categories of personal data (Processing of special categories of personal data (Art. 9 (1) GDPR (EU)) such as religious affiliation, nationality as well as data concerning health from you, art. 9 Abs. (2) a) GDPR (EU) serves as legal basis.
If the processing of special categories of personal data is necessary, that we may carry out the obligations and exercise our specific rights in the field of employment and social security and social protection law, the legal basis for the processing arises from Art. 9 (2) b) EU- GDPR, art. 88 (1) GDPR (EU) in conjunction with § 26 Abs. 3 BDSG.
Where the processing of special categories of personal data is necessary for the protection of vital interests, the legal basis for processing arises from art. 9 (2) c) GDPR (EU).
Where the processing relates to special categories of personal data, which you manifestly made public, the legal basis arises from art. 9 (2) e) GDPR (EU).
If the processing of special categories of personal data is necessary for the purposes of preventive or occupational medicine, or for the assessment of the working capacity of the employee, the legal basis arises from art. 9 (2) h) GDPR (EU).
II.Purposes
The processing of your personal data is based on the purpose of establishment of employment, in particular for compliance with obligations related to employment contracts, legal requirements, if applicable collective agreements as well as social security.
We process data, if this is necessary for compliance with legal obligations (art. 6 (1) c) GDPR) or for the defence or establishment of legal claims. The legal basis here is Art. 6 (1) f) GDPR. The legitimate interest is for example the burden of proof according to German General Equal Treatment Act “Allgemeines Gleichbehandlungsgesetz” (AGG).
An automated decision on applicant data in individual cases does not take place.
III. Storage period
Your personal data are erased oder made unavailable as soon as the purposes for storage no longer apply. Storage can also take place, whenever this is provided for by the European or national legislator under Union law regulations, laws or other provisions, to which we are subject. Making unavailable or erasure of the data shall also occur, when a storage period specified by said rules expires, unless further storage of the data is necessary for the conclusion or performance of a contract.
Thereafter we store your data, inter alia, for the following time periods:
- Application documents and data, after having decided not to fill the post, up to 6 months, burden of proof for discrimination, period §§ 21 Abs. 5, 22 AGG (German General Equal Treatment Act “Allgemeines Gleichbehandlungsgesetz”)
- Application documents otherwise: At termination of employment
If you consent to the storage of your data in our talent pool for later use on our request, said data are stored until withdrawal of consent by one party. You can object this storage at any time by simply contacting us (by phone or by email).
IV. Right to object and withdraw
The processing of your personal data in the context of the application process is mandatory for establishment of employment. There is therefore no possibility of objection for you.
If the processing of your personal data is based on consent, you have the possibility to withdraw your consent at any time.
4. Legal defence and enforcement
I. Legal basis
The legal basis for the processing of your personal data in the context of legal defence and enforcement is art. 9 (2) f).; 6 (1) f) GDPR (EU).
II. Purposes
The purposes of the processing of your personal data in the context of legal defence and enforcement is the defence against unjustified claims and the legal establishment and enforcement of claims and rights.
III. Storage period
Your personal data are erased, as soon as they are no longer necessary for the fulfilment of the purposes for which they are collected.
IV. Right to object and withdraw
Die The processing of your personal data in the context of legal defence and enforcement is mandatory for legal defence and enforcement. There is therefore no possibility of objection for you.
5. Categories of recipients
Within our company, those offices and departments receive personal data, that need them to fulfil the aforementioned purposes. In addition we we partly use different service providers and transmit your personal data to further trustworthy recipients, such as:
- human resources department
- possible supervisors of the applicant
- specialist departments
- financial accounting
- works council
- data protection officer
- disabled persons’ representative body
- equal opportunities officer
- controlling/auditing
- employment agency
- office for integration in case of severe disability
- banking institutions
- insurance companies
- external service providers
- shredding services
- IT service providers
- lawyers, courts, tax consultants
Your personal data are processed on our behalf on the basis of processing contracts according to art. 28 GDPR. In such cases we shall ensure, that the processing of personal data is done in accordance with the provisions of the GDPR. In this case the recipient is a provider of applicant tracking systems and software (d.vinci HR-Systems GmbH, Nagelsweg 37-39, 20097 Hamburg, website dvinci.de).
6. Your rights
You have the following rights towards us:
I. Right of access
You have a right of communication as to whether or not and which personal data of you are processed by us. In that case we additionally inform you abou
(1) the purposes of processing;
(2) the categories of data;
(3) the recipients of your personal data;
(4) the envisaged storage period or the criteria for the envisaged storage period;
(5) your further rights;
(7) where the personal data are not collected from you: any available information as to their source;
(8) where applicable: the existence of automated decision-making and information about the logic involved, as well as the significance and the envisaged consequences of such processing.
II. Right to rectification
You have a right to rectification and/or to have personal data completed, where your personal data processed by us are inaccurate or incomplete.
III. Right to restriction of processing
You have a right to restriction of processing, where
- we verify the accuracy of the personal data;
- the processing of your personal data is unlawful;
- you need your personal data processed by us, after the purposes of the processing cease to apply, for legal action;
- you objected to processing of your personal data and we examine this objection.
IV. Right to erasure
You have the right to erasure, where
- we no longer need your personal data for their original purposes;
- you withdraw consent and there is no other legal ground for the processing of your personal data;
- you object to the processing of your personal data and - unless it is a matter of direct marketing - there are no overriding grounds for the processing;
- the processing of your personal data is unlawful;
- the erasure of your personal data is legally required ;
- your personal data were collected as a minor for information society services.
V. Right to notification
Where you asserted your rights to rectification, erasure or restriction, we shall communicate to all recipients of your personal data this rectification, erasure of the data or the restriction of the processing.
VI. Right to data portability
You have a right to receive the personal data, which we processed based on consent or for execution of a contract, in a structured, commonly used and machine-readable format and to transmit those data to another controller. Where technically feasible, you have the right to have those data transferred from us directly to another controller.
VII. Right to object
You have the right in case of particular grounds to object to the processing of your personal data. In this case we shall no longer process your personal data, unless we can demonstrate compelling legitimate grounds for the processing.
In case your personal data are processed for direct marketing purposes, you have the right to object at any time.
VIII. Right of withdrawal
You have the right to withdraw consent given to us at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
VIIII. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall have the right to lodge a complaint with a supervisory authority, if you consider that the processing of your personal data by us infringes the GDPR (EU).
The competent supervisory authority for us is:
Bayerisches Landesamt für Datenschutzaufsicht (BayLDA)
Promenade 27
91522 Ansbach
If you have any questions, please contact our data protection officer at any time.
