Datenschutzerklärung für Stellenbewerber – The OMNIA
1. General information
2. Who is responsible for processing your personal data?
3. What data do we process?
4. Purposes of the processing
5. To whom do we disclose your personal data?
6. Do we disclose personal data abroad?
7. How long do we store your personal data?
8. How we protect your personal data
9. What rights do you have with regard to your personal data?
1. General information
THE OMNIA AG, Auf dem Fels, 3920 Zermatt, Switzerland (hereinafter also referred to as "we"), provides this privacy statement to inform you about how personal data is processed as part of the application process. "Personal data" is any information that can be associated with a specific person, and "process" means any handling of it, e.g. obtaining, using and disclosing it.
For the purposes of this data protection declaration, job applicants (hereinafter also referred to as "you") are persons who apply for a position advertised by us or submit a spontaneous application to us.
This Privacy Policy applies in addition to our existing "General Privacy Policy" on our website, which informs you how we process your personal data outside of your application, e.g. in connection with your visit to our website.
For ease of reading, this privacy statement does not mention more than one gender. However, we refer to persons of all genders.
2. Who is responsible for processing your personal data?
For data processing under this Privacy Policy, the following company is the "responsible party", i.e. the party primarily responsible under data protection law:
THE OMNIA AG
Auf dem Fels
3920 Zermatt
Switzerland
If you have any questions about privacy, please feel free to contact us by mail or as follows:
3. What data do we process?
We process your personal data if it relates to your suitability for the employment relationship or with your separate consent. Information on the purposes of this processing can be found in section 4.
If you transmit or disclose data about other persons, such as information about family members or reference persons, we assume that you are authorized to do so and that this data is correct. Please ensure that any third parties have been informed of this privacy policy.
The main categories of personal data we process are listed below, although this list cannot be exhaustive:
- Master data and personal information: In connection with your (online) application, we receive certain data that we need for the review, substantiation and possible execution of an employment contract, including communication with you. This includes, for example, first and last name, home address, telephone number, e-mail address, date of birth and age, hometown and nationality, gender, language skills, marital status, family status and number of children, names of family members, emergency contacts, work and residence permits, photo and video recordings, information from ID cards, military status, information on a trade union affiliation and political offices, information on hobbies and interests, information on your religious affiliation and on previous convictions and debt collection;
- Data in connection with your current job and the organizational framework conditions for a possible employment: As part of your application, we receive or generate and process - in addition to the master data and personal data (see above) - various other details about you, your current employment and the organizational framework conditions, e.g. information on the notice period of the current employment contract, data in connection with your job and your employment contract, professional achievements, job content and job satisfaction, desired salary, your motivation, information on a disability (only if relevant for the advertised position), information on special health, religious and other needs in connection with the employment, union information if required;
- Applications, professional career and training and further education: As part of an application, we receive information about your work history, qualifications, education and other data, such as, curriculum vitae, information about certificates, diplomas, references or confirmations of employment and other information about skills, competencies and qualifications, language skills, information about previous jobs and employers, references and their contact details, information from references, information from official registers, information from interviews, assessments and aptitude tests, information about external mandates, offices and functions and information from publicly accessible profiles in social media (in particular LinkedIn profile; insofar as these are intended for business or professional use) and other information from the application and from the Internet and other public sources;
- Data in connection with consents: Insofar as further personal data is processed with your separate consent, we process the corresponding data including the date, subject and, if applicable, revocation of consent (e.g. when recording calls);
- Further data: It is possible that we process further personal data, which we cannot name here conclusively. We will inform you separately about the processing of such data, if this is possible or we are obliged to inform.
We process much of the above data only if you disclose it voluntarily. We must process certain data so that we can review an application. We will inform you in each case if it is not clear from the circumstances whether certain information is mandatory (e.g. input fields marked with an asterisk (*) in input masks). If you provide us with particularly sensitive personal data in the context of the application (e.g. health data), we may also process such personal data.
4. Processing purposes
We process the data mentioned in section 3 for various purposes related to your job application, in particular for the following purposes:
- Examination of application documents and the suitability of a job applicant, e.g. the assessment of suitability for a specific position with us for which you are applying or for which we are inquiring about you, the assessment of suitability for other jobs or positions with us, including the examination or verification of documents and further information (for the retention period of your data, see section 8), checking references, conducting background or security checks (if required);
- Preparation and conclusion of employment contracts, e.g. drafting, negotiating and concluding the employment contract;
- Analysis of the application process, e.g. checking your satisfaction with the application process, provided you have given us your consent to do so;
- Ensuring business operations and other security purposes, e.g. building security including access controls, as well as documentation of security incidents, data breaches, complaints, interactions with authorities and third parties and other relevant events and corresponding measures that relate to you or contain information about you;
- Investigations and legal proceedings, e.g., preventing, investigating and prosecuting possible misconduct by a job applicant against the law, including reviewing complaints, tips and objections, evaluating surveillance measures and conducting investigations, participating in official investigations and proceedings, and asserting, exercising or defending legal claims.
5. To whom do we disclose your personal data?
In principle, only persons involved in your job application have access to your personal data, in particular our HR specialists and potential supervisors. These persons are subject to a duty of confidentiality and are sensitized to data protection and data security.
We may disclose personal data to other recipients if this is necessary for the aforementioned purposes (section 4) and to the extent permitted by law. These are in particular recipients of the following categories:
- Former employers, landlords and other third parties, e.g. when we review an application and provide information about you in the process (to the extent permitted);
- Online application platforms: We may share your personal data with online application platforms whose services we use;
- Other service providers: We work with other service providers in Germany and abroad (e.g. IT service providers, maintenance and support service providers, cleaning companies, security companies, etc.). As part of their tasks, these service providers may process or access personal data about you. We ensure through the selection of service providers and through appropriate contractual agreements that data protection is also ensured by such service providers throughout the processing of your personal data;
- Customers and other third parties: We work with customers, affiliates, and other third parties (e.g., advertising service providers, debt collectors, credit reporting agencies, etc.);
- Industry organizations and other bodies, e.g., clubs, associations, etc., with which you are involved in connection with your current employment;
- Governmental authorities and official agencies when we deem it necessary or appropriate to comply with laws and regulations or to verify compliance with them, to respond to inquiries from competent authorities (e.g., in the context of a criminal investigation) or to participate in official or judicial investigations and proceedings;
- Parties to legal proceedings, e.g. opposing parties and other parties, experts, witnesses, etc., if we participate in legal proceedings or are considering participation;
- Acquirers or parties interested in acquiring business units, companies or assets;
6. Do we disclose personal data abroad?
Recipients of data are not only located in Switzerland. This applies in particular to certain service providers. Recipients may also be located outside Switzerland and the European Economic Area (EEA), in particular in the USA, but also in other countries worldwide . For example, we may transfer data to authorities and other persons abroad if we are legally obligated to do so or, for example, in the context of a company sale or legal proceedings. Not all of these countries currently guarantee a level of data protection equivalent to Swiss law. We compensate for the lower level of protection through appropriate contracts, in particular the standard contractual clauses issued by the European Commission and recognized by the Swiss Data Protection and Information Commissioner (FDPIC) . For more information and a copy of these clauses, please visit http://www.edoeb.admin.ch/edoeb/de/home/datenschutz/handel-und-wirtschaft/uebermittlung-ins-ausland.html.
In certain cases, we may transfer data in accordance with data protection law requirements even without such contracts, e.g. if you have consented to the relevant disclosure or if the disclosure is necessary for the performance of the contract, for the establishment, exercise or enforcement of legal claims or for overriding public interests.
7. How long do we store your personal data?
We store your personal data as long as it is necessary for the implementation of the specific application process or for compliance with legal requirements and as long as we have a legitimate interest in storing it (e.g. for documentation and evidence preservation purposes and for the protection and defense of legal claims). If we can consider you for the position for which you have applied, we will also retain your personal data for the performance of the employment relationship.
In the event of an unsuccessful application, we will retain the data from your application, provided you agree to this, for a period of 12 months after your application in order to assess your suitability for a specific position or for purposes related to subsequent applications or vacancies and to be able to contact you. After that, only data in reduced form (in particular surname, first name, date of birth and position for which the application was submitted) will be stored and definitely deleted after 5 years. However, if no consent is given for this procedure on your part, we will definitely delete all of your personal data 6 months after the application process has been completed.
8. How we protect your personal data
We take appropriate technical (e.g., access regulations and restrictions) and organizational measures (in particular, instructions and directives) to protect your personal data and continually adapt these to technical developments.
9. What rights do you have with regard to your personal data?
You have certain rights in relation to your personal data processed by us so that you can control or influence our processing. These are in particular the following rights:
- Information: You have the right to obtain at any time in writing and in principle free of charge information about your personal data processed by us.
- Correction: You may, at any time and free of charge, request that we correct, complete or update your personal information if it is incorrect.
- Objection and deletion: You can also request at any time that we stop processing your personal data and delete it if we are not obliged to continue processing or storing this data and if it is not necessary in order to process the employment relationship.
- Revocation of consent: If we process your personal data based on your consent (see section 3), you can revoke this consent at any time. Such a revocation is only effective for future entries.
Some of these rights may not apply in individual cases and we may be entitled or obliged to restrict or postpone the fulfillment of a right. We will inform you accordingly in such a case.
You also have the right to file a complaint with the Federal Data Protection and Information Commissioner at any time if you do not agree with our processing of your personal data (www.edoeb.admin.ch).
Status: 17.06.2023
DISCLAIMER: The English version is a translation of the original in German for information purposes only. In case of a discrepancy, the German original will prevail.