Data Protection Notice of Messer SE & Co. KGaA and its Affiliates for Applications
It is very important to Messer SE & Co. KGaA and its affiliates that personal data is handled with care. This also applies in particular to the data of applicants. The following information shows you that we handle your personal data carefully in the context of your application.
This privacy notice applies to our career site (the “Career Site”) available at “jobs.messer-careers.com.
1. Contact details of the controller and the data protection officer
a. Contact details of the controller
Messer SE & Co KGaA
- Human Resources –
Messer-Platz 1
65812 Bad Soden
Phone: +49 6196 7760-0
E-mail: recruiting.co@messergroup.com
The contact details of the Data Protection Officer of Messer SE & Co. KGaA are Messer
E-mail: datenschutz.mg@messergroup.com
b. Contact details of the controller
If the job advertisement to which you are applying is published by a company other than Messer SE & Co KGaA, processing of your applicant data will be carried out in joint control within the meaning of Art. 26 GDPR by Messer SE & Co KGaA and the company named in the job advertisement.
Please refer to the header of the respective job advertisement for the identity and contact details of the company and its data protection officer.
2. Personal data
The term personal data refers to all information that can be related to you as a natural person, such as your name, address, date of birth, e-mail addresses or telephone numbers. This also includes information that can only be assigned to you indirectly, for example by assigning it to an identifier such as a name, an identification number, location data or an online identifier. A person is also considered identifiable if they can be identified based on one or more special characteristics that are an expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.
3. What data do we process?
We process the following types of personal data, among others, as part of an application process:
a. Applicant data when using the applicant portal
If you apply via our applicant portal available on our website (if we offer this), you will be asked to enter a range of personal data in order to submit your application to us. The required personal data include:
Title, first name and surname, street, zip code, city, country, telephone number and e-mail address as well as other attachments to your application (cover letter, CV and references).
Optionally, you can also enter your cell phone number, salary expectations (annual salary) and other information.
b. Applicant data for applications by e-mail or in writing
If you apply to us by e-mail or in writing, we process the data you provide as we need this information in order to actually process your application. The required personal data include:
Title, first and last name, street, zip code, city, country, cell phone number, telephone number and e-mail address as well as other attachments to your application (cover letter, CV and certificates).
c. Applicant data for applications via recruitment agencies
If you apply to us via recruitment agencies, we generally only process pseudonymized data from an pseudonymized CV as a first step. In the further application process, we then process personal data provided by you or the recruiter in order to be able to process your application further. The required personal data include
Title, first and last name, street, zip code, city, country, cell phone number, telephone number and e-mail address) as well as other attachments to your application (cover letter, CV and certificates).
This data is hereinafter referred to as “applicant data”. You will find further information on the processed data in the following description of the specific processing procedure.
4. Where do we receive your personal data from?
Personal data that we collect for the purpose of processing your application is generally collected directly from you.
This does not apply if you apply to us through a recruitment agency or service provider. In this case, we will receive your personal data from the recruitment agency or service provider.
5. Why do we process your personal data?
a. Processing for the purpose of the application process
We process your data for the purpose of conducting the application process.
The legal basis for processing for this purpose is the necessity of processing for the decision on the establishment of your employment relationship (Art. 6 (1) (b) GDPR, as a so-called pre-contractual measure).
b. Processing for inclusion in the talent pool
In addition, we process the above-mentioned data on the basis of your consent if, after unsuccessful completion of an application process, you are still interested in establishing an employment relationship with us in order to compare you with the requirements of other vacant positions at our company and to contact you again as an applicant if a suitable vacant position becomes available.in order to compare it with the requirements of other vacant positions at our company, to contact you again as an applicant if a suitable vacant position becomes available, and to initiate a new application process if necessary.
The legal basis for processing for this purpose is your consent given herewith in accordance with Art. 6 (1) (a) GDPR from the time the application process is completed. You may revoke this consent at any time, even during the ongoing application process, with effect for the future. To do so, you can contact us using the contact details provided above. Revocation does not affect the processing that has taken place prior to your revocation.
c. Processing of your data upon employment
If an employment relationship is established following your application, we will inform you separately about the processing of your personal data in this context.
6. Career Site Management and Development
a. Hosting
As part of the hosting of our platform, all data processed in connection with the operation and use of the platform is stored. This is necessary to enable the operation of the platform. The processing of personal data is therefore based on our legitimate interest pursuant to Art. 6 (1) (f) GDPR. To provide our online presence, we use the services of web hosting providers to whom we transfer the above-mentioned data.
b. Log-Files
We log your visit to our platform. The following personal data is processed:
Name of the website accessed, date and time of access, access status, amount of data transferred, browser type and version, operating system used, referrer URL (the website you visited previously), your IP address, and the requesting provider.
The processing of personal data is based on our legitimate interest pursuant to Art. 6 (1) (f) GDPR in ensuring the security of our platform.
c. Functional, statistical und other services
We use cookies and other tracking technologies to enable the use of certain services. These include short data packets that are stored on your device and exchanged with other providers. Some of the cookies we use are deleted immediately after you close your browser (so-called session cookies). Other cookies remain on your device and enable your browser to be recognized when you next visit (persistent cookies).
You can delete all cookies stored on your device and set your browser to prevent cookies from being stored. In this case, you may have to reset some settings each time you visit this platform and accept that some functions may be impaired.
The legal basis for processing for this purpose is your consent given herewith in accordance with Art. 6 (1) (a) GDPR unless the storage of cookies is technically necessary, in which case the legal basis is Art. 6 (1) (f) GDPR.
You can find further information about cookies in our Cookie Policy.
7. General information
a. General information about the recipients of data
(1) General information
The IT programs used to process your data are hosted and processed by Kyndryl Deutschland GmbH and Microsoft Ireland Operations Limited. In this context, Kyndryl Deutschland GmbH and Microsoft Ireland Operations Limited only carry out data processing activities on behalf of and in accordance with the instructions of Messer SE & Co KGaA.
The platform used to advertise job vacancies and initiate the application process is provided by Teamtailor AB.
Otherwise, Messer SE & Co. KGaA only transfers data to third parties if this is necessary for the selection process and if there is a legal basis for this, such as a balancing of interests justifies this - in particular within the Messer companies - or to fulfill legal requirements according to which we are obliged to provide information, report or pass on data. Otherwise, data is only transferred to external service providers who process the data exclusively on our behalf.
Within Messer SE & Co. KGaA, only those internal offices and departments receive the personal data that are necessary and required to process the application.
b. General information on the retention period
If no employment relationship is established, the applicant data provided by you to and stored by us will be deleted 6 months after notification of rejection.
If you make use of the option to withdraw your application at any time, your applicant data will be deleted immediately.
c. Your rights
You have the following rights concerning your personal data:
- Right to information (Art. 15 GDPR).
- Right to rectification (Art. 16 GDPR) or erasure (Art. 17 GDPR).
- Right to restriction of processing (Art. 18 GDPR).
- Right to data portability (Art. 20 GDPR).
- Right to object to processing (Art. 21 GDPR).
- If you have given your consent to the processing of your data, you can revoke this at any time with effect for the future (Art. 7 (3) GDPR). The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
- You also have the right to complain to a data protection supervisory authority about the processing of your personal data by us.
You can exercise your rights by sending an e-mail to the following e-mail address:
recruiting.co[at]messergroup.com
d. Information pursuant to Art. 13 (2) (e) GDPR
The provision of your applicant data as a user of the applicant portal, in the context of an application by e-mail or in writing or via a recruiter is neither legally nor contractually required. You are also not obliged to provide us with your applicant data. However, the processing of your applicant data listed in section 3 is necessary for the meaningful processing of your application.
e. No Automated Decision-Making
Automated decision-making processes (including profiling) are processes in which no evaluation of content and no decision based on this evaluation has been made by a natural person.
We do not currently use any automated decision-making processes. Should we decide to use such processes in the future, we will inform you accordingly in accordance with our legal obligations.
f. Applications for Group Function positions in the Messer Group
As part of the joint control within the meaning of Art. 26 GDPR, the controllers entered into a joint controller agreement according to which both controllers are responsible for:
- Fulfilment of information obligations pursuant to Art. 13, 14 GDPR;
- Guaranteeing the rights of data subjects;
- Documentation of technical and organizational measures (TOM);
- Risk assessment and (if necessary) conduction of a data protection impact assessment (DPIA) pursuant to Art. 35 GDPR as well as (if necessary) coordination with the supervisory authorities; and
- Monitoring of data processors in accordance with Art. 28 GDPR; provision and documentation of processing activities in accordance with Art. 30 GDPR; evaluation and communication in the case of data breaches pursuant to Art. 33, 34 GDPR.
