Data Privacy

Thank you for your interest in working for our company. Protecting your privacy is very important to us. We make a standardized online recruitment website available to you for your application. Below we explain in detail how we use your personal data during the recruitment process.

The purpose of this privacy policy is to give you a clear overview of how and to what end we process the personal data collected on you.

Overview

  1. WHO IS RESPONSIBLE FOR PROCESSING YOUR DATA AND WHO IS THE DATA PROTECTION OFFICER?
  2. WHAT IS THE SUBJECT OF DATA PROTECTION?
  3. WHAT PERSONAL DATA DO WE COLLECT?
  4. WHAT IS THE LEGAL BASIS FOR OUR PROCESSING YOUR DATA?
  5. TO WHAT END WILL WE PROCESS YOUR DATA?
  6. WHAT IS THE LEGAL BASIS FOR OUR PROCESSING YOUR DATA?
  7. WHO HAS ACCESS TO YOUR PERSONAL DATA AND WITH WHOM IS IT SHARED?
  8. IS YOUR DATA TRANSFERRED TO THIRD COUNTRIES?
  9. HOW LONG IS YOUR DATA STORED FOR?
  10. WHAT DATA PROTECTION RIGHTS CAN YOU ASSERT AS THE DATA SUBJECT?
  11. THE DATA PROTECTION REGULATORY AUTHORITY RESPONSIBLE FOR US IS:
  12. HOW IS YOUR DATA PROTECTED?
  13. ARE THERE AUTOMATED CASE-BY-CASE DECISIONS OR PROFILING MEASURES?
            RELEVANT LEGAL TEXTS

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1. WHO IS RESPONSIBLE FOR PROCESSING YOUR DATA AND WHO IS THE DATA PROTECTION OFFICER?

The data processing controller within the meaning of Article 4 (7) of the General Data Protection Regulation (GDPR) is:

Birkenstock GmbH & Co. KG Services

BIRKENSTOCK Campus

53577 Neustadt (Wied)

globalprivacy@birkenstock.com

https://birkenstock-privacy.bytemine.net/enquiry/

You can contact our Data Protection Officer at:

BIRKENSTOCK GmbH & Co. KG Services

Data Protection Officer

BIRKENSTOCK Campus

53577 Neustadt (Wied)

globalprivacy@birkenstock.com

https://birkenstock-privacy.bytemine.net/enquiry/

2. WHAT IS THE SUBJECT OF DATA PROTECTION?

Data protection legislation governs the use of personal data. Personal data is information relating to an identified or identifiable natural person (hereinafter “data”).

3. WHAT PERSONAL DATA DO WE COLLECT?

We collect the following data related to you when you apply for a position with us:

Data you provide us with:

  • Login details: username and password.
  • Contact details like first name, family name, e-mail address, telephone number, address, place of residence, postal code, country
  • Information provided by you in your résumé, e.g. career experience (start/end dates, employers’ names, job title, job description), your photo, vocational training background (start/end dates, name of training institution, qualification, grades), etc.
  • Other personal information (including specific categories of personal data such as information regarding disabilities1) that you enter voluntarily in your candidate profile or add to your résumé without being requested to do so 

The entry form you use will indicate whether or not you are obligated to provide us with such data. You may edit or delete your candidate profile anytime.

Data we collect on you:

We may, if necessary, additionally collect information related to you from third parties, for example:

  • The settings you select on the online recruitment website (i.e. details regarding the positions of interest to you. This data is made available to us by the operator of the online recruitment website)
  • Information recorded in your career-related social media profiles. This information is provided by the providers of the individual social media platforms insofar as it is publicly available
  • Your IP address and your browsing behavior
  • Data concerning your professional qualifications and your career to date. If applicable, we obtain this data from external recruitment consultants.   

4. WHAT IS THE LEGAL BASIS FOR OUR PROCESSING YOUR DATA?

We process your data exclusively in accordance with the relevant statutory regulations and only if permitted by an applicable legal provision (in particular of the GDPR and of Germany’s Federal Data Protection Act [BDSG]). In the event that we process your data for purposes other than those for which your data was originally collected, we ensure that there is sufficient legal basis for doing so. In particular but not exclusively, we shall base our processing of your data on the legal bases listed below. Please note that these examples merely serve to make the legal bases more transparent and that this is not an exhaustive list.

Consent (point [a] of Article 6 [1], Article 7 GDPR): We shall only process certain data if you have previously voluntarily given us your consent to do so. You may withdraw your consent anytime with effect for the future.

Establishment of an employment relationship (Section 26 [1] sentence 1 BDSG): For us to make a decision regarding establishing an employment relationship, we must process certain data related to you in the course of the recruitment process.

Compliance with a legal obligation (point [c] of Article 6 [1] GDPR): We are obligated to process some of your data in order to comply with the legal obligations to which we are subject. 

Protection of legitimate interests (point [f] of Article 6 [1] GDPR): We also process some of your data in order to protect our legitimate interests or those of third parties, albeit only if this does not override your opposing interests in individual cases.

5. TO WHAT END WILL WE PROCESS YOUR DATA?

We process your data for the following purposes:

Data processing due to consent in accordance with the legal basis of point (a) of Article 6 (1) GDPR

We shall only process your data for the purposes stated below if you have previously granted us your explicit and voluntary consent. You are under no obligation to grant us consent. You may withdraw your consent anytime with effect for the future.

Use of your data to notify you about vacancies

We use the data you provide when creating your user account to send you information regarding new vacancies that match your profile, if you have consented to this. We will send you such information by e-mail.

Importing from career-related social networks

Insofar as is technically possible and you have activated such a function or have granted your consent, we shall import the profile information you have provided within career-related social networks. The purpose of this is to make it easier for you to create your candidate profile by prepopulating various sections with the imported information.

Circulating your application

We shall share your application with other companies affiliated with the Birkenstock Group if you have consented to our doing so. The purpose of this is to give you the opportunity to work at a different Birkenstock company if you were unsuccessful in the current recruitment process.

Saving your application to the talent pool

We will save your application for longer than the data retention periods stipulated in Section 8 if you have consented to this. The purpose of this is for your application data to feature in the so-called talent pool to which all Birkenstock Group companies have access in order to be able to contact you insofar as you appear to be suitable as a candidate for a position at one of these companies.

Contractual processing purposes

Data collection and usage for the establishment of an employment relationship in accordance with the legal basis of Section 26 (1) sentence 1 BDSG:

We collect and process the data you disclose to us in the course of the recruitment process. You can identify which data we collect on the basis of the information we request in your candidate profile. We are regrettably unable to proceed with the recruitment process without this data.

You can additionally disclose information above and beyond this. We collect and process this data in order to generate a candidate profile, assess the extent to which your profile matches the advertised vacancy, and then proceed with the recruitment process. In the event that you accept a position, we shall process your data to generate a contract of employment.

We shall share your data with other companies affiliated to the Birkenstock Group insofar as the job description to which you responded has Group-wide relevance, meaning these affiliated companies must as such be included in the selection process, or insofar as your preferred area of work implies you are a match for multiple Group companies.

Creation of a user account in accordance with the legal basis of point (b) of Article 6 (1) GDPR:

To open a user account, you must first register with us. We will process certain personal data in the course of this registration, for example your name, your address, or your place of residence. The data we collect is indicated in the respective input forms. We collect this data in order to be able to create a user account for you. As such, you are contractually obligated to provide us with your data. Without your data, we are not able to create a user account for you.

Data processing to comply with legal obligations (point [c] of Article 6 [1] GDPR):

We process your data in order to establish or enforce legal claims against you if necessary, for example if it subsequently comes to light that you made false or misleading statements in your application documents and also to defend ourselves against legal claims (for example relating to Germany’s General Act on Equal Treatment [AGG]). Insofar as you wish to perform duties within the company which have security relevance, we collect and process certain data related to you in order to meet our legal obligations pursuant to Sections 11, 31 of Germany’s Security Clearance Check Act (SÜG). This is for the purposes of comparison with the anti-terror lists published by the European Commission in order to avoid fines and to obtain privileges in the customs clearance of goods.

Data processing to protect legitimate interests in accordance with the legal basis of point (f) of Article 6 (1) GDPR:

Storing of access data in server log files

When you visit your candidate profile, we store access data in so-called server log files, including the name of the requested file, the date and time it was accessed, the data volume transmitted, and the requesting provider. This data processing is founded on our legitimate interest in safeguarding interruption-free operation of the website and serves to improve what we offer. We may, if applicable, additionally process your data, in particular your IP address, to investigate or hinder suspected cases of fraud.

Generation of anonymized reports

We process your data in order to generate anonymized reports that allow us to, for example, assess the number of applicants for a specific vacancy. Nothing regarding you personally can be inferred from these reports.

If you require more information regarding the legitimate interests applicable in these two instances, please contact us at the address given in Section 1 of this privacy policy.

6. WHO HAS ACCESS TO YOUR PERSONAL DATA AND WITH WHOM IS IT SHARED?

We share your data with the following recipients for the purposes stipulated in each case:

  • The controller’s HR shared service center (HR business partner, other HR functions) for inspection and evaluation of your application documents and for further execution of the recruitment process (for example by means of selection interviews) pursuant to Section 26 (1) sentence 1 BDSG
  • If applicable, other Birkenstock Group companies insofar as the job description equally fits positions in another company or insofar as you consented to your data being shared – see the processing purposes stipulated in Section 4. The legal basis for this is Section 26 (1) sentence 1 BDSG or your consent.
  • The following processors:
  • The service provider who runs the online recruitment website for us
  • The service provider who provides maintenance and support services for this website
  • The service provider who handles the distribution of information regarding new vacancies for us
  • The legal basis for this data sharing is the data processing contracts concluded with these service providers pursuant to Article 28 GDPR.
  • Other third-party contractors hired by the controller for legal consultancy pursuant to point (f) of Article 6 (1) GDPR
  • If applicable, law enforcement authorities or courts to comply with legal obligations pursuant to point (c) of Article 6 (1) GDPR

7. IS YOUR DATA TRANSFERRED TO THIRD COUNTRIES?

If necessary, we will also share your data with other Birkenstock Group companies that may have their registered offices outside of the European Economic Area (EEA) insofar as this is necessary for establishing an employment relationship with you. Data shall only be shared in this instance if the European Commission has confirmed that the third country has an adequate level of data protection (Article 45 [1] GDPR)2 or insofar as standard data protection clauses as adopted by the European Commission have been concluded with these Group companies pursuant to point (c) of Article 46 (2) GDPR. More information can be obtained using the contact details stated in Section 1 of this data protection information.

8. HOW LONG IS YOUR DATA STORED FOR?

Your data will be stored for as long as we are legally required to store it in accordance with Article 17 GDPR or for as long as we require your data for the purposes specified in Section 5. Your data will subsequently be erased in order to observe the principle of data minimization.

Your data will be blocked from further use upon conclusion of the recruitment process and will be erased upon expiration of the statutory data retention periods insofar as we do not reserve the right to use your data otherwise in a manner which is permitted by law and notify you hereof or insofar as you have not given your consent to a lengthier period of storage for the purpose of your inclusion in the talent pool (see Section 4 above).

The following erasure deadlines additionally apply as a rule:

  • Your profile on our online recruitment website will be automatically deleted if you have not actively used it for a period of twelve months or if you manually initiate its deletion.
  • The applications you submit via our online recruitment website will be automatically deleted after six months insofar as you have not agreed to a longer retention period.

Please note that local requirements may necessitate shorter or longer retention periods, depending on the Birkenstock Group companies to which you apply.

If you require more information regarding our erasure dates and retention periods, please contact us at the address given in Section 1 of this data protection information.

9. WHAT DATA PROTECTION RIGHTS CAN YOU ASSERT AS THE DATA SUBJECT?

You can assert an array of rights as the data subject. You can contact us in this respect using the contact details stated in Section 1 of this data protection information.

Right of access

You may demand access to the data stored on you (Article 15 GDPR). This access relates among other things to the data categories we process, the purposes of our data processing, the data’s origins if it was not collected directly from you, and, if applicable, the recipients with whom we have shared your data. 

Right to rectification and erasure

You have the right to demand that inaccurate personal data be rectified and incomplete data be completed (Article 16 GDPR). You may also demand that your data be erased pursuant to the provisions of Article 17 GDPR. This may be the case if:

  • the data is no longer required for the purposes for which it was collected or otherwise processed;
  • you withdraw your consent, which serves as the basis for data processing pursuant to point (a) of Article 6 (1) GDPR, and there is no other legal basis for data processing;
  • you object to your data being processed in accordance with Article 21 (1) GDPR and there are no overriding legitimate reasons for data processing;
  • the data was processed unlawfully.

data processing is not required

  • in order to ensure compliance with a statutory obligation on our part to process your data;
  • in particular in view of the statutory retention periods;
  • in order to establish, exercise, or defend against legal claims.

Right to restriction of processing

You may also have a right to the restriction of data processing, i.e. the marking of the personal data stored on you with a view to restricting its processing in the future. This is subject to one of the prerequisites stipulated in Article 18 GDPR applying, namely 

  • you contest the accuracy of the data for a period enabling us to verify the accuracy of the data;
  • the processing is unlawful and you oppose the erasure of your data and request the restriction of its use instead;
  • we no longer need your data, but you require it for the establishment, exercise, or defense of legal claims;
  • you have objected to processing pursuant to Article 21 (1) GDPR pending verification as to whether our legitimate grounds override your interests.

Right to data portability

Pursuant to Article 20 GDPR, you additionally have the right to receive the personal data concerning you and provided to us by you in a structured, commonly used, and machine-readable format. You have the right to receive this data or to transmit it to another controller without hindrance from us. You may also demand that we transmit your data directly to another controller where technically feasible (Article 20 [2] GDPR).

Right to object 

You have the right to object anytime on grounds relating to your particular situation to the processing of your data insofar as the data processing is based on your consent or our legitimate interests or those of a third party. In this instance, we will cease processing your data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms or for the establishment, exercise, or defense of legal claims. If we process your data for direct marketing purposes, you have the right to object anytime to the processing of personal data (Article 21 GDPR). Your right to withdraw your consent to data processing remains freely exercisable anytime irrespective of your right to object.

Right to lodge a complaint with a data protection supervisory authority

We undertake to cooperate with you to arrive at a fair solution regarding any complaints concerning data protection.

Irrespective of this, you naturally also have the right to lodge a complaint with a data protection supervisory authority, in particular in the EU member state of your habitual residence, place of work, or place of the alleged infringement, if you consider that the processing of personal data relating to you infringes data protection legislation as applicable. 

10. THE DATA PROTECTION REGULATORY AUTHORITY RESPONSIBLE FOR US IS:

The Rhineland-Palatinate Commissioner for Data Privacy and Freedom of Information 

Prof. Dr. Dieter Kugelmann

Hintere Bleiche 34

55116 Mainz

E-mail:  poststelle@datenschutz.rlp.de

11. HOW IS YOUR DATA PROTECTED?

We have implemented appropriate technical and organizational safeguards to guarantee that your data is protected.

12. ARE THERE AUTOMATED CASE-BY-CASE DECISIONS OR PROFILING MEASURES?

We do not use any automated processing methods to make decisions, including profiling.

13. RELEVANT LEGAL TEXTS

The provisions of the GDPR can be found here:

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32016R0679

Last updated: 2/26/19

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Changes to this privacy policy:

We regularly review this privacy policy and may occasionally amend it to bring it up to date.

1 Pursuant to Article 9 (1) GDPR, special categories of personal data are data revealing your racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, or data concerning a natural person’s sex life or sexual orientation.

2 An up-to-date list of these countries can be found here: https://ec.europa.eu/info/law/law-topic/data-protection_en.