Data protection information regarding our processing of applicant data
pursuant to Art. 13, 14 and 21 of the General Data Protection Regulation (GDPR)
MBK Fincom SA
Thank you for your interest in our company. In accordance with the requirements of Articles 13, 14 and 21 of the General Data Protection Regulation (GDPR), we hereby inform you about the processing of personal data provided by you as part of the application process and, if applicable, collected by us, and your rights in this regard. To ensure that you are fully informed about the processing of your personal data as part of the application process, please take note of the following information.
1. CONTROLLER IN THE CONTEXT OF DATA PROTECTION LAW
MBK Fincom SA – Via al Molino 31 – 6926, Collina d’Oro – https://mbkfincom.com/[email protected]
2. CONTACT DATA OF OUR DATA PROTECTION OFFICER
PROLIANCE GmbH / datenschutzexperte.de
E-Mail: [email protected]
3. PURPOSES AND LEGAL BASIS OF PROCESSING
We process your personal data in accordance with the provisions of the General Data Protection Regulation (GDPR), insofar as it is required for the employment relationship. The legal basis for this is Art. 88 GDPR, if the processing is necessary for the decision about initiating an employment relationship.
Furthermore, we may process your personal data if this is necessary for the fulfillment of legal obligations (Art. 6 (1) lit. c GDPR) or for the defense or assertion of legal claims. The legal basis for this is Art. 6 (1) lit. f GDPR. The legitimate interest is, for example, an obligation to provide evidence in proceedings under the General Equal Treatment Act (AGG).
If you give us express consent to process personal data for specific purposes, the lawfulness of this processing is based on your consent. Given consent can be revoked at any time with effect for the future (see Section 9 of this information).
If an employment relationship is concluded with you, we may process the personal data you have already provided as part of the application procedure pursuant to Art. 88 GDPR for the purposes of the employment relationship, insofar as this is necessary for the initiation, implementation or termination of the employment relationship. Furthermore, we may process such data for the purpose of exercising or fulfilling the rights and obligations of the representative body of employees resulting from a law, collective bargaining agreement, works agreement or a service agreement.
4. CATEGORIES OF PERSONAL DATA
We only process data that is related to your application. This may be general data about you (name, address, contact details, etc.), information about your professional qualifications and education, information about professional training and other data that you may provide us with within the context of your application.
5. SOURCES OF DATA
We process personal data which we receive from you by mail, e-mail or via incubators (LinkedIn, Indeed.ch) during your application and our communication with each other.
6. RECIPIENTS OF DATA
Within our company, we only pass on your personal data to those areas and persons who require this data to fulfill contractual and legal obligations or to implement our legitimate interests.
Otherwise, data is only passed on to recipients outside the company if this is permitted or required by law, if the transfer is necessary for processing and thus fulfilling the employment contract, if we have your consent or if we are authorized to provide information.
7. TRANSFER TO A THIRD COUNTRY
Personal data will only be transferred to countries outside the EEA (European Economic Area) or to an international organization if this is necessary for the performance of the contract or, at your request, for the implementation of pre-contractual measures, if the transfer is required by law or if you have given us your consent. Recipients in these cases may include local agencies etc.
8. STORAGE PERIOD
We store your personal data as long as this is necessary for the decision on your application. Your personal data or application documents will be deleted no later than six months after the end of the application process (e.g. upon notification of the rejection decision), unless longer storage is required or permitted by law. We store your personal data beyond this only to the extent that this is required by law or in a specific case for the assertion, exercise or defense of legal claims for the duration of a legal dispute.
If you have consented to a longer storage of your personal data, we will store it in accordance with your declaration of consent.
If an employment, training or internship relationship is established following the application process, your data will initially continue to be stored to the extent necessary and permissible and will subsequently be transferred to the personnel file.
After the application process, you may be invited to join our talent pool. This will allow us to consider you in our selection of applicants for suitable vacancies in the future. If you have given us your permission to do so, we will store your application data in our talent pool in accordance with your consent or future consent.
9. YOUR RIGHTS
Every data subject has the right of access pursuant to Art. 15 GDPR, the right to rectification pursuant to Art. 16 GDPR, the right to erasure pursuant to Art. 17 GDPR, the right to restriction of processing pursuant to Art. 18 GDPR, the right to notification pursuant to Art. 19 GDPR and the right to data portability pursuant to Art. 20 GDPR.
In addition, you have the right to lodge a complaint with a data protection supervisory authority pursuant to Art. 77 GDPR if you are of the opinion that the processing of your personal data is not lawful. The right to lodge a complaint with a supervisory authority shall be without prejudice to any other administrative or judicial remedy.
If the processing of data takes place based on your consent, you are entitled to withdraw your consent to the use of your personal data at any time in accordance with Art. 7 GDPR. Please note that the withdrawal will only take effect in the future. Processing that took place before the revocation is not affected by this. Please also note that we may need to retain certain data for a period of time to comply with legal requirements (see Section 8 of this information).
Right to object
If your personal data is processed in accordance with Art 6 (1) lit. f GDPR to safeguard legitimate interests, you have the right, pursuant to article 21 GDPR, 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 prove compelling reasons for the processing. These must outweigh your interests, rights and freedoms; or the processing must serve the assertion, exercise or defense of legal claims.
To exercise your rights, you can contact us using the contact details provided in section 1.
10. NECESSITY OF PROVIDING PERSONAL DATA
The provision of personal data for the application process is voluntary. However, we can only consider your application if you provide personal data that is required for the application process.
11. AUTOMATED DECISION-MAKING
The decision about your application / possible employment is not exclusively based on automated processing. Hence, no automated decision in individual cases within the meaning of Art. 22 GDPR takes place.