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Information for employees of the Article 13 GDPR

 

The following information is intended to give you an overview of the processing of your personal data by the Rhenus Group and the rights to which you are entitled under data protection law. Which data are processed in detail and in which way they are used depends decisively on the concrete employment relationship.

The identity and the contact details of the controller:

Rhenus SE &Co. KG
Rhenus-Platz 1
59439 Holzwickede
Phone: +49 (0) 2301 29-0
E-Mail: [email protected] 

The contact details of the data protection officer:

- data protection officer -
Rhenus-Platz 1
59439 Holzwickede
E-Mail: [email protected] 
Website: www.rhenus.group 

Purpose of processing and legal basis

We process your personal data in compliance with the provisions of the EU General Data Protection Regulation (GDPR), the Federal Data Protection Act and all other relevant laws.

First and foremost, the processing of personal data serves to establish, execute and terminate a contractual or quasi-contractual obligation with the data subject (e.g. employment relationship). The primary legal basis for this is Article 88 GDPR. In addition, collective agreements (group, collective and works agreements as well as collective bargaining agreements) may be concluded pursuant to Article 6 para. 1 b) in conjunction with Article 26 para. 4 of the Federal Data Protection Act and, if applicable, your separate consents pursuant to Article 6 para. 1 a) and Article 7 GDPR in conjunction with Article 26 para. 2 of the Federal Data Protection Act (e.g. in the case of video recordings) may be used as a data protection permission provision.

We also process your data in order to be able to fulfil our legal obligations as an employer, in particular in the area of tax and social security law. This is done on the basis of Article 6 para. 1 c) GDPR in conjunction with Article 26 of the Federal Data Protection Act. Due to these legal regulations, the Rhenus Group is subject to various control and reporting obligations.

If special categories of personal data pursuant to Article 9 para. 1 GDPR are processed, this serves the exercise of rights or the fulfilment of legal obligations under labour law, social security law and social protection within the scope of the employment relationship, e.g. disclosure of health data to the health insurance fund, recording of severely disabled persons due to additional leave and determination of the severely disabled persons levy. This is done on the basis of Article 9 para. 2 b) GDPR in conjunction with Article 26 para. 3 of the Federal Data Protection Act. In addition, the processing of health data may be necessary for the assessment of your ability to work in accordance with Article 9 para. 2 h) GDPR in conjunction with Article 22 para. 1 b) of the Federal Data Protection Act.

If necessary, we also process your data on the basis of Article 6 para. 1 f) GDPR in order to protect legitimate interests of ourselves or third parties (e.g. authorities). This applies in particular to the investigation of criminal offences (legal basis Article 26 para. 1 sentence 2 of the Federal Data Protection Act) or within the group for purposes of group control, internal communication and other administrative purposes. For example:

  • Ensure effective manpower allocation, review and optimisation of needs analysis procedures to address clients directly,
  • Assertion of legal claims and defence in legal disputes,
  • Ensuring IT security and IT operations,
  • Prevention and clarification of criminal offences,
  • Video surveillance for the protection of the house right, for the collection of evidence in case of robberies and fraud,
  • Measures for building and plant security (e.g. access controls),
  • Measures to secure the right of domicile,
  • Business management and development measures,
  • Risk control within the company.

In addition, the processing of special categories of personal data may be based on consent in accordance with Article 9 Para. 2 a) GDPR in conjunction with Article 26 Para. 2 of the Federal Data Protection Act (e.g. company health management).

Should we wish to process your personal data for a purpose not mentioned above, we will inform you of this beforehand and, if necessary, obtain your consent beforehand.

Categories of personal data

We collect personal data from you in order to establish, carry out and terminate your employment relationship. Data is personal if it is clearly assigned to a specific person or if this identification can at least take place indirectly.

The processed categories of personal data include in particular your master data (such as first name, surname, name supplements and titles, date of birth, gender, nationality, marital status, denomination and personnel number), contact data (e.g. private address, (mobile) telephone number, e-mail address), the log data generated when using the IT systems, as well as data from any company video surveillance and other data from the employment relationship (e.g. personnel questionnaire, social data, size of shoe, health insurance number and name of health insurance fund, bank details, social insurance number, pension insurance number, salary data as well as tax status information and tax identification number, place of employment or workplace, time recording data, absence and holiday periods, business trips, periods of incapacity for work, training and work experience, criminal record and application documents incl. certificates/references and photograph as well as employment documents (such as job title, functions, work history, working hours, remuneration and remuneration components as well as remuneration history, performance information, disciplinary and complaint data, severe disability, pregnancy incl. notification of supervisory authorities, anniversary, pension claims, notices of termination and notice periods).

This may also include special categories of personal data: health data, health conditions, health and illness data, certificate of incapacity for work.

As a rule, your personal data is collected directly from you as part of the recruitment process or during the employment relationship. In certain constellations, your personal data will also be collected from other offices due to legal regulations. This includes, in particular, occasion-related queries of tax-relevant information at the relevant tax office and information on periods of incapacity to work at the respective health insurance fund. In addition, we may have received data from third parties (e.g. employment agencies).

Human resources development

Within your employment relationship, employee appraisals with superiors take place again and again. These are an integral part of personnel development. The subject of such discussions can be performance appraisals by superiors, salary adjustments, perspective discussions, target agreements for the future, but also agreements on training and further education. The results of employee appraisals are usually documented - electronically or in paper form - and are then part of your personnel file. The same applies to information about your salary adjustment, etc. based on this information. In addition, information about your participation in training measures or the qualification measures you have carried out is stored there. Among other things, we store the following information about you: performance appraisals, salary adjustments, short CVs, objectives, information on further training, training courses and qualifications, and certificates, if applicable.

Recipients of the personal data

Within our company, only those persons and bodies (e.g. specialist departments, works councils, representatives for severely handicapped persons) receive your personal data that they require to fulfil our contractual and legal obligations.

In addition, your data will be transferred to certain companies within our group of companies if these companies centrally perform data processing tasks for the companies affiliated in the group, such as payroll accounting, disposal of files, internal administrative purposes, IT administration, controlling and financial accounting, and information for managers.

Furthermore, we transfer your data to our subsidiaries (also abroad) as far as this is necessary due to your employment relationship.

In addition, we make use of various service providers to fulfil our contractual and statutory obligations, including in particular

  • Service provider for applicant data management
  • Personnel service provider
  • Lawyers, tax consultants, insurance companies
  • Travel agency

Compliance with data protection regulations in the event of the processing of personal data on a contractual basis is ensured by corresponding contracts pursuant to Article 28 GDPR with the service providers.

In addition, we may transfer your personal data to other recipients outside the company to the extent necessary to fulfil your contractual and statutory obligations as an employer. This could be for example:

  • Authorities (e.g. pension insurance institutions, professional pension institutions, social insurance institutions, employers' liability insurance associations, tax authorities, courts)
  • Employee's bank (SEPA payment carrier)
  • Health insurance company acceptance offices
  • Posts in order to be able to guarantee entitlements from occupational pension schemes
  • Jobs in order to be able to pay out the benefits affecting assets
  • Third party debtors in the event of wage and salary garnishments
  • Insolvency administrator in the event of a private insolvency

Transfer of data to third countries and to an international organisation

If we transfer personal data to service providers or group companies outside the European Economic Area (EEA), the transfer will only take place if the third country has been confirmed by the European Commission to have an appropriate level of data protection or if other appropriate data protection guarantees (e.g. binding internal company data protection regulations or EU standard contractual clauses) are in place. You can request information about this at the above contact information.

Duration of storage

We will delete your personal data as soon as it is no longer required for the above-mentioned purposes. After termination of the employment relationship, your personal data will be stored as long as we are legally obliged to do so. This regularly results from legal obligations to provide evidence and to retain data, which are regulated in the German Commercial Code (Handelsgesetzbuch) and the German Tax Code (Abgabenordnung). The storage periods can then be up to ten years. Personal data may also be retained for the period during which the claims can be asserted against the Rhenus Group (statutory limitation period of three or up to thirty years).

 

Your rights as a data subject

 

Right of access
On request, we will inform you in writing or electronically whether and which personal data we have stored about you (Article 15 GDPR).

Right to rectification
You have the right to rectify (Article 16 GDPR) and/or complete the data vis-à-vis the data controller if the personal data processed concerning you are inaccurate or incomplete.

Right to erasure
You may request the person responsible to delete the personal data concerning you immediately (Article 17 GDPR).

Right to restriction of processing
You have the right to demand the restriction of the processing (Article 18 GDPR).

Right to object
You have the right to object at any time, for reasons related to your particular situation, to the processing of your personal data carried out on the basis of processing carried out in the public interest and processing carried out on the basis of a balance of interests, including profiling based on this provision.

Right to data portability
You have the right to data portability (Article 20 GDPR). In other words, you have the right to receive your personal data in a machine-readable format.

Right of appeal to the supervisory authority
There is a right of appeal to a data protection supervisory authority. A list of the Germany supervisory authorities and their contact details can be found in the following link:

https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html

Revocation of consent
If you have given your consent to the collection or use of personal data and wish to revoke it, you can revoke it at any time with effect for the future by e-mail or letter.

Provision of personal data
As part of your employment relationship, you will only be required to provide the personal information that is necessary to enter into and perform the employment relationship or that we are required by law to collect. Without this information, we will not be able to perform the employment contract with you.

Profiling
We partly process your data automatically with the aim of evaluating certain personal aspects (profiling). For example, we use profiling in the following cases: Due to legal and regulatory requirements, we are obliged to combat money laundering, terrorist financing and crimes that pose a threat to property. Data analysis (e.g. comparison with legally prescribed lists) is also carried out.