Data protection information
for employees, trainees, interns and applicants
As part of your employment relationship with prodot GmbH, your personal data will be collected and processed as part of your application, when the employment contract is concluded and during the course of the employment relationship. With the following information, we would like to give you an overview of the processing and your rights:
Who is responsible for data processing and who can I contact?
The controller is:
prodot GmbH (hereinafter referred to as prodot)
Schifferstraße 196
47059Duisburg
Germany
Telephone:+49 (203) 39 65 08 - 0
E-mail:info@prodot.de
You can reach our data protection officer at the following e-mail address: datenschutz@prodot.de
What do we process your data for and on what legal basis?
For the performance of a contract (Article 6(1)(b) GDPR in conjunction with Article 88 GDPR and Section 26(1) BDSG)
The personal data collected directly from you will be processed by prodot for the purpose of implementing or terminating the employment relationship. Furthermore, your personal data will be collected and processed for the exercise or fulfillment of the rights and obligations of the representation of employees' interests arising from a law or a collective agreement applicable to your employment relationship, a works or service agreement (collective agreement).
As part of the balancing of interests (Article 6(1)(f) GDPR in conjunction with Article 88 GDPR and Section 26(1) BDSG)
Beyond the actual fulfillment of the contract with you, we process your data to the extent necessary to protect our legitimate interests or the legitimate interests of third parties, provided that your interests do not prevail.
This includes
- Measures for personnel development planning
- Measures in connection with organizational changes
- Assertion of or defense against legal claims and in connection with legal disputes
- IT security measures
- Prevention and detection of criminal offenses
- Measures for building and plant security (e.g. access controls)
- Measures to safeguard domiciliary rights
- Measures for business management and further development of services
- Health management measures (e.g. mandatory occupational health and safety examinations)
- IT technical measures to enable collaboration (e.g. Microsoft Teams, Outlook, SharePoint)
- IT problem management and troubleshooting measures
- IT measures for user management
- Provision of telecommunications equipment
- Management of communication directories
- Provision of an intranet and internet for corporate communication
Statutory or legal requirements (Article 6(1)(c) GDPR and Article 88 GDPR and Section 26 BDSG) or in the public interest (Article 6(1)(e) GDPR)
In addition, your personal data is collected and processed to fulfill our legal obligations, for example to fulfill social security obligations (notification and payment of your social security contributions) and tax obligations (notification and payment of your taxes). The processing of your data by us takes place on the basis of § 26 BDSG i.V.m. Art. 88 GDPR.
Processed data and its origin
First and foremost, we process the personal data that we have received or collected from the data subjects as part of the employment relationship or application. In addition, we also process personal data from publicly accessible sources (e.g. press, internet) insofar as this is necessary and permissible for the purposes of the employment relationship. The personal data processed by us in this context consists of personal details (name, address and other contact details, date and place of birth and nationality), family data (e.g. marital status, details of your children), religious affiliation, health data relevant to the employment relationship (e.g. severe disability), age, gender, age of birth and nationality. (e.g. severe disability), criminal record (e.g. police clearance certificate), identification data (e.g. ID card data), tax identification number, information on education and qualifications as well as previous employment relationships and authentication data (e.g. specimen signature or photographs). In addition, data may be processed from the fulfillment of our contractual obligations (e.g. payroll), information about your financial situation (e.g. credit liabilities, salary garnishments) and other data comparable to the categories mentioned.
Who receives your data?
The departments that require your data to fulfill our contractual and legal obligations will have access to it. Service providers and vicarious agents employed by us may also have access to your data for these purposes if you maintain the confidentiality and integrity of the data in particular. These include, in particular, companies from the areas of HR services, IT services, logistics, printing services, telecommunications, consulting, travel organizations, financial services and insurance. We only pass on personal data to recipients outside our company if and insofar as this is necessary in compliance with the applicable data protection regulations. We may only pass on information about you if this is required by law, if you have given your consent or if we are authorized to provide information.
Recipients of personal data may be
- Social insurance providers
- health insurance funds
- pension funds
- tax authorities
- Employer's liability insurance associations
- Public bodies and institutions (e.g. law enforcement authorities) in the event of a legal or official obligation
- Credit and financial services institutions or comparable institutions to which we transfer personal data in order to carry out the employment relationship (e.g. for salary payments)
- Auditors and payroll tax auditors
- Service providers that we use as part of order processing relationships, such as IT service providers
Is data transferred to countries outside the EU?
There are no plans to transfer your personal data to countries outside the EU (so-called third countries). If prodot intends to transfer your personal data to third countries, we will inform you of this.
How long will your data be stored?
We process and store your data for as long as is necessary to fulfill our contractual and legal obligations. Please note that our employment relationship with you is a continuing obligation that is intended to last for years. If your data is no longer required for the fulfillment of contractual or legal obligations, it will be deleted by us, unless its further processing or archiving is required for legal reasons. These legal reasons include, for example, retention obligations under commercial and tax law (from the German Commercial Code and the German Fiscal Code). The data retention periods specified there are generally two to ten years. In addition, we may need your data for the fulfillment of social security obligations even after termination of the employment relationship (for example, to issue a certificate of employment), for which the deadlines of social law apply. Furthermore, we may need your data for evidence purposes in connection with the termination of the employment relationship or with regard to the rights and obligations arising from the employment relationship. With regard to this data, it is generally deleted after the expiry of the limitation periods, whereby the regular limitation period under the German Civil Code is three years.
What rights do you have?
You are entitled to request information from prodot at any time about the personal data stored about you. Furthermore, you can request the correction, deletion, restriction and transfer of personal data from prodot or object to the processing at any time. To do so, please contact our data protection officer using the contact details given above. If you believe that your personal data is being processed unlawfully, you have the right to lodge a complaint with the competent supervisory authority, the State Commissioner for Data Protection and Freedom of Information of North Rhine-Westphalia.
Obligation to provide personal data
As part of the employment relationship, you must provide the data that is required to establish, implement and terminate the employment relationship and to fulfill the associated contractual obligations or that we are legally obliged to collect. Without this data, we are generally unable to conclude, execute and terminate a contract with you. This also applies in particular to your social security and tax data.
Automated decision-making and profiling
No automated decision-making or other profiling measures are carried out.