Data protection information to our employees
Processing of employee data
We are committed to protect your personal data and comply with applicable data protection law, in particular the EU General Data Protection Directive ("GDPR") and Bundesdatenschutzgesetz ("BDSG"), and we only process your personal data on the basis of a statutory provision or if you have declared your consent.
In this data protection information, we explain which information (including personal data) are processed by us in connection with the employment relationship.
Who is responsible for the processing of personal data?
The controller responsible for the processing of personal data is Xella International GbmH, Düsseldorfer Landstraße 395, 47259 Duisburg, +49 203 60880 00, email@example.com. Any reference to "we" or "us" in this data protection information is a reference to the aforementioned entity.
Our data protection officer may be contacted via the aforementioned means or via firstname.lastname@example.org.
Which data do we process?
The performance of your employment relationship requires the processing of personal data:
We process certain general data in relation to your person and your employment relationship with us, collectively "basic data". Basic data include
- any information provided by you in the course of the recruitment process or that we requested from you (e.g., name, address, telephone number, email address, date of birth, marital status, nationality and information on your education and previous employment;
- any information stored in connection with our hiring decision (in particular the details of your employment agreement and information on your position within our organization)
We process personal data collected in the course of your employment other than by merely updating your basic data and that we refer to as "performance data". Performance data include
- Information on the performance of your employee tasks, such as your work / absence times and the assessment of your performance, if applicable;
- Information on our performance of the employment relationship, such as our payments to you or other benefits or compensation;
- Information you provide to us in the course of your employment, be it actively or upon our request;
- Personal data that are provided to us in the course of your employment by you or third parties (in particular public bodies such as social insurance bodies or (tax) authorities. This may include information on sick leave, pregnancy, the birth of a child, disabilities, a marriage or comparable changes of marital status
We process personal data collected in the course of your employment due to your use of our company infrastructure. Usage data include
- Information regarding your use of our information technology infrastructure (such as your business email account, internet access or other applications, programs or devices provided to you);
- Information on your use of other company infrastructure such as infrastructure collecting user data when accessed by an employee, like connected machines or time management applications
The aforementioned categories of data may include special categories of personal data, in particular health data (e.g., the information on your inability to work due to illness).
For which purposes and on which legal basis do we process your personal data?
We process basic, performance and usage data for the performance of your employment relationship with us on the basis of Article 6 para 1 b) GDPR.
We may process basic, performance and usage data also for compliance with legal obligations to which we are subject; this processing is based on Article 6 para 1 c) GDPR. Legal obligations may in particular include the mandatory disclosure of personal data to social insurance bodies and (tax) authorities.
To extent necessary, we process personal data (in addition to the processing for the purposes of the employment relationship or to comply with legal obligations) for the purposes of our justified interests or the justified interests of a third party on the basis of Article 6 para 1 f) GDPR. Justified interest may include
- group-wide processes for internal administration of employee data
- the establishment of or defence against legal claims
- the prevention and investigation of criminal offences
- maintenance of security for our information technology systems
- the maintenance of security of our premises and infrastructure
- management and further development of our business operations including risk management
If the categories of data specified in chapter "What data do we process?" above contain special categories of personal data (e.g. health data), we process these for carrying out the obligations in the field of employment and social security and social protection law on the basis of Article 9 para 2 b GDPR.
If we provide – during the recruitment process or in the course of the employment – the option to declare a consent in the processing of personal data, we process the personal data covered by your consent for the purposes specified in such consent on the basis of Article 6 para 1 a) GDPR. If the consent refers to special categories of personal data (such as health data), the processing is based on Article 9 para 2 a) GDPR.
Please note that:
- the declaration of your consent is always voluntarily, and neither the declaration of consent nor a later withdrawal of consent has negative consequences for the performance of your employment relationship;
- that failure to declare consent or the withdrawal of a consent may, nevertheless, have consequences, and we will inform you about such consequences before you are given the option to declare your consent;
- you may withdraw your consent at any time with effect for the future, e.g. by providing notice to us via mail, fax, email using the contact information specified on the first page of this data protection notice;
Are you obliged to provide data?
The provision of the basic, performance usage data specified in section II above is necessary for entering into and maintaining an employment relationship with us, unless specified otherwise before or at collection of the data. Without the provision of these data, were are not able to enter into and maintain an employment relationship with you.
If we collect additional data from you, we will inform you if the provision of such information is based on a legal or contractual obligation or necessary for the performance of an agreement (in particular your employment agreement). We usually indicate which information may be provided voluntarily and is neither based on a legal or contractual obligation nor necessary for the purposes of an agreement.
Who obtains or has access to your data?
Your personal data are generally processed within our company. Depending on the categories of personal data, only dedicated departments / organizational units are granted access to your personal data. Such units include in particular the HR department, your managers and – if data are processed via our IT infrastructure – also our IT department. Based on a role / rights management concept, access to personal data is limited to the functions and the extent necessary for the respective purpose of the processing.
If and to the extent permitted by law, we may transfer your personal data to recipients outside of our company. Such external recipients may include
- affiliated companies within Xella Group, to which we may transfer personal data for the purpose of internal administration of employee data;
- service providers that – on the basis of separate agreements with us – provide certain services possibly including the processing of personal data, as well as approved subcontractors of our service providers;
- private or public bodies, to the extent we are obliged to transfer your personal data on the basis of a legal obligation to which we are subject;
- business partners, to the extent the transfer of personal data (e.g. your business contact details) is necessary for the performance of your employment relationshwip with us;
Do we use automated decision-making?
In the course of the recruitment process and the employment relationship we generally do not use automated decision-making (including profiling) within the meaning of Article 22 GDPR. If we apply such processes in the future, we will inform you separately in accordance with the applicable statutory provisions.
Are data transferred to countries outside the EU / the EEA?
Your personal data is processed only within the European Union or the European Economic Area; we do not intend to transfer your personal data to other countries ("third countries").
How long are your data stored?
We generally store your personal data as long as we have a justified interest in the retention of such data and there your interests in refraining from the further processing do not prevail.
Even without a justified interest, we may continue to store the data if there is a legal obligation (e.g. to comply with statutory retention obligations). We delete your personal data even without an action from your side as soon as further retention is no longer necessary for the purposes for which the data were collected or otherwise processed or if further retention is not permitted by law otherwise.
In general, your basic data and the additional data collected in the course of your employment are retained at least until the end of your employment. The data are deleted in any case if the purposes for the collection or processing were achieved. This point in time may be after the end of your employment relationship with us. If personal data need to be stored to comply with a legal obligation, such data is retained until the end of the respective retention period. If personal data are only processed to comply with a statutory retention obligation, the access to such data is usually restricted so that the data are only accessible if needed for the purpose of the retention obligation.
What are your rights as a data subject?
As a data subject, you may
- request access to your personal data, Article 15 GDPR;
- request the rectification of incorrect personal data, Article 16 GDPR;
- request the erasure of your personal data, Article 17 GDPR;
- request the restriction of the processing of your personal data, Article 18 GDPR;
- exercise your right to data portability, Article 20 GDPR;
- object the processing of your personal data, Article 21 DSGVO.
The aforementioned rights may be asserted against us, e.g. by providing notice to us via the contact details specified on the first page of this data protection information.
In case of further questions, you may also get in touch with our data protection officer.
In addition, you are entitled to lodge a complaint regarding the handling of your personal data with the competent supervisory authority, Article 77 GDPR.