PRIVACY NOTICE FOR CANDIDATES AND APPLICANTS (RECRUITMENT)

This Privacy Notice, also referred to as Data Privacy Policy explains how the Beiersdorf group of companies (each Beiersdorf entity being "we", "us", "our") process your personal data when you apply for a position advertised by us. It also describes your data protection rights, including the right to object to some of Beiersdorf’s processing operations. 

For more information on your rights and how you can exercise them, please refer to the section “Legal rights in relation to personal data and how to exercise them”.

Where applicable, this Privacy Notice supplements our existing General Privacy Notice, which gives you specific information on how we process personal data obtained from you when visiting our website and when we process your personal data in relation to non-application-specific topics. 

For certain regions, we provide supplementary information about our use and processing of your personal data in accordance with the laws of the respective jurisdictions. If you reside in or work from any of these regions, please also review the respective annexes (see also section 8. Supplementary information for certain regions).

1. DATA CONTROLLER AND CONTACT DETAILS

Responsible for the processing of personal data within the meaning of Article 4 (7) of the General Data Protection Regulation ("GDPR") or the equivalent under applicable data protection laws is the company stated in the job application and with regard to global HR management and management of global HR systems, Beiersdorf AG, Beiersdorfstraße 1-9, 22529 Hamburg, Germany, Tel.: +49 40 4909-0, E-Mail: dataprotection@Beiersdorf.com.

2. COLLECTION OF PERSONAL DATA

Within the recruitment process, we collect and store the following categories of personal data about you:

  • Data which you have provided to us in your candidate profile, including first and last name, gender, nationality, address, country, e-mail, phone number ("Candidate Profile Data").
  • Data which you have entered on our candidate application form, including desired annual salary, your motivation, information about disabilities (if and to the extent that it is relevant for the job offered) ("Application Form Data").
  • Data which you have provided to us in your application documents (curriculum vitae CV, cover letter) including work experience, qualifications and language skills ("Application Documents Data").
  • Data from online assessments (e.g. personality tests, cognitive ability tests) and video interviews (if applicable) ("Online Assessment Data").
  • Data provided to us by your referees (if applicable). These are reference points that you have given us to contact ("Referee Data").

During the recruitment we may evaluate the results of cognitive ability tests using relevant reference groups considering your profession and level of experience.

We collect personal data directly from you or from our external partners, e.g. headhunters. We can also obtain information from professional social networks, such as LinkedIn, job boards and from other publicly accessible sources (only information relevant to your professional life) for the purposes of actively approaching you with job offers or for the purpose of confirming the accuracy of the information presented by you within the course of the application ("Public Professional Data").

Providing your personal data as part of the application process is voluntary. However, the provision of personal data that is marked as mandatory is necessary for the processing of your application or the conclusion of an employment contract with us.

If you provide personal data of another person (e.g. referees) to us, you should show them a copy of this Privacy Notice prior to providing us with their personal data.

4. DATA SHARING

We may transfer your personal data to companies affiliated with us provided this is permissible within the scope of the purposes and legal bases outlined above. For the processing activities in our online recruiting system Beiersdorf Group companies are jointly responsible. The essence of the arrangement of this joint determination is that Beiersdorf AG, Germany, is predominantly responsible to fulfill information duties according to data protection law and provide information on the joint processing. We might share your candidate profile with other recruiting teams in the Beiersdorf Group if you chose this option in the application form. You can manage the visibility options of your profile by selecting whether your profile should be visible to the recruiting team involved in your current application or recruiting teams within the Beiersdorf Group worldwide. If you do not wish to be further considered for relevant job offerings, you can request the deletion of your candidate profile or use the self-service function.”).

Furthermore, personal data may be processed on our behalf on the basis of data processing agreements pursuant to Article 28 GDPR, or other applicable laws, especially by providers of systems for candidate management and selection procedures. We do not share data with third parties that have no reference to our application management and application procedures or other use cases we describe in this privacy notice. 

Where applicable such transfers may involve the transfer of personal data to recipients outside the European Union / European Economic Area. Standard contractual clauses (from the implementing decision (EU) 2021/914 of 4 June 2021) have been concluded with these recipients, unless they are based in countries with an adequacy decision pursuant to Article 45 GDPR (a list of these countries is available at: https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en) or GDPR provides for an exception under Article 49 GDPR. Where the transfer in this context is made to a recipient acting as a processor for us (i.e., processing personal data on our behalf), Module Two (transfer from controller to processor) of the standard contractual clauses is relevant; where the transfer is made to third party controllers, Module One (transfer from controller to controller) is relevant. In case the transfers are carried out by a service provider, which we have engaged as a processor, to a sub-processor, Module Three (transfer from processor to processor) may be implemented to govern such transfers.

To request a copy of standard contractual clauses (to the extent we rely on such) you may contact us (see section "Data controller and contact details"). Please note that such copy may be redacted to the extent necessary to protect business secrets or other confidential information.

Further recipients can be found in the general recipients section 1.4 of the General Data Privacy Policy. In the event of a legal obligation, we reserve the right to disclose information about you if we are required to surrender it to competent authorities or law enforcement bodies to comply with legal obligations or this is necessary to safeguard our rights.

6. DATA RETENTION

Your personal data will generally only be stored until the personal data are no longer necessary in relation to the purposes for which they were collected (or otherwise processed).

We retain your Candidate Profile Data for as long as your candidate profile is active. We delete such profile and related Candidate Profile Data after 12 months of inactivity. Application Form Data, Application Documents Data, Online Assessment Data, Referee Data and Public Professional Data regarding a specific application will be retained for 84 months after finalizing the recruitment process related to a specific application and deleted afterwards.

We further retain your personal data in that period in case there is a relevant job offering for which you will be a fitting candidate and you set the visibility of your candidate profile as described in 4 Data sharing. In addition, you can request the deletion of your candidate profile or the withdrawal of your application by contacting our recruitment experts at NACompliance@Beiersdorf.com.

As an exception, personal data may be stored longer where their processing is necessary for compliance with a legal obligation – including compliance with statutory retention periods – to which we are subject or for the establishment, exercise or defense of legal claims.

You can access your Candidate Profile and the information stored there via the link you received in our Mails. You can also unsubscribe from the Beiersdorf Job Agent and stop receiving information on current job postings in the menu of your candidate profile.

In case your application is successful we may store your personal data within the subsequent employment in compliance with the applicable legal regulations. More information can be found in the Privacy Notice for employees that we will provide to you on acceptance of the job or during your onboarding.

7. OBJECTION OR WITHDRAWAL OF YOUR CONSENT TO THE PROCESSING OF PERSONAL DATA

If you have given your consent (Article 6 (1) a) GDPR or the equivalent basis under applicable laws) to the processing of your data, you can withdraw your consent at any time. Such a withdrawal influences the permissibility of processing your personal data after you have given it to us.

If we base the processing of your personal data on legitimate interests (Article 6 (1) f) GDPR or the equivalent basis under applicable laws), you may object to the processing. This is the case if processing is not necessary in particular to fulfil a contract with you, which is described by us in the Section Purposes of and Legal Bases for Processing. When exercising such objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the situation and either stop or adjust data processing or point out to you our compelling reasons worthy of protection, on the basis of which we will continue processing.

8. SUPPLEMENTARY INFORMATION FOR CERTAIN REGIONS

If you are located or are applying to work outside of the European Union/EEA, please also review the Annexes applicable to your region for further information about our collection, use and processing of your personal data:

  • Annex I – Americas ("Americas Annex")

In the event of conflict between the content of this Privacy Notice and the applicable regional annex, the latter shall prevail.

Annex I – Americas ("Americas Annex")

DEFINITION OF PERSONAL DATA

Reference to controller, data subject, personal data, process, special categories of personal data and supervisory authority in this Privacy Notice and this Americas Annex shall include the equivalent terms under applicable laws in the Americas region.

COLLECTION OF PERSONAL DATA, PURPOSES OF AND LEGAL BASES FOR PROCESSING, AND DATA SHARING

The Collection of Personal Data section of the Privacy Notice describes the kinds of personal data we collect about candidates. The personal data we collect varies depending on the circumstances, such as your role and responsibilities with Beiersdorf. Subject to applicable legal restrictions, we may use and otherwise process your personal data as reasonably necessary for the commercial and business purposes set forth in the Purposes of and Legal Bases for Processing section of the Privacy Notice. In accordance with applicable law, we may disclose your personal data as described in Data Sharing section of the Privacy Notice and for the following business purposes:

  • Security and monitoring: to monitor and secure our resources, network, premises and assets, including to detect, prevent, investigate and respond to suspected or alleged criminal activities, misconduct or violations of company policies and work rules, including to take disciplinary actions (including warnings and up to and including termination).
  • Defending and protecting rights: to protect and defend our rights and interests and those of third parties, including to manage and respond to candidates and other legal disputes and grievances, to respond to legal claims or disputes, and to otherwise establish, defend or protect our rights or interests, or the rights, interests, health or safety of others, including in the context of anticipated or actual litigation with third parties.
  • Health and safety: for health and safety purposes, such as contact tracing or including conducting appropriate screenings of candidates prior to entering or accessing certain locations or premises.
  • M&A and other business transactions: for planning, due diligence and implementation of commercial transactions, for example mergers, acquisitions, asset sales or transfers, bankruptcy or reorganization or other similar business transactions.
  • Complying with legal obligations: relating to compliance with applicable legal obligations (such as hiring eligibility, responding to subpoenas and court orders) as well as assessments, reviews and reporting relating to such legal obligations, including under employment and labor laws and regulations, social security and tax laws, environmental regulations, workplace safety laws and regulations, and other applicable laws, regulations, opinions and guidance.

In some cases (such as where required by law and where the legal basis set out in the Purposes of and Legal Bases for Processing section of the Privacy Notice does not apply), we may ask you to consent or give you certain choices prior to collecting, using, disclosing or otherwise processing certain personal data. 

You are generally not obliged ‎to provide your personal ‎data, however, please note that we may be unable to process an ‎‎application on your behalf, initiate or manage your future employment relationship with us, or provide certain services to you if you refuse to ‎provide certain personal ‎‎information.‎

To the extent that you are providing us with the personal data of third parties (e.g. family or dependents), you acknowledge and confirm having obtained consent from any such individuals, as may be required by applicable data protection laws.

We will only use personal data for the purposes expressly stated in the Data sharing section of the Privacy Notice, unless otherwise permitted by applicable data protection laws. If we need to use personal data for new purposes which were not disclosed at the time of collection, we will ask you to confirm your consent to such new uses.

DATA SHARING – OVERSEAS TRANSFER

Your personal data may be transferred to the US, EU and other jurisdictions where we our affiliates, vendors and providers have operations. Some of these jurisdictions may have data protection laws which are substantially different from those of your province or territory of residence, and may allow foreign governments or law enforcement to access, use, or disclose your personal data. 

Any transfer of personal data to another jurisdiction will be done in accordance with applicable data protection laws and legal basis (such as by entering the contractual standard clauses, in accordance with the instructions to be specified, updated, amended, replaced or superseded from time to time by the applicable regulatory authority). 

We will ensure that appropriate safeguards and measures are in place to ensure that your personal data will continue to benefit from an adequate degree of protection, notwithstanding the transfer. We take steps to ensure these affiliates, vendors and providers only process personal data on our behalf under our instructions and in accordance with applicable law and the terms set forth in this Privacy Notice.

LEGAL RIGHTS IN RELATION TO PERSONAL DATA AND HOW TO EXERCISE THEM

Depending on where you are located, you may have one or more of the following data subject rights: 

  • right to confirm the processing of your personal data, access and obtain a copy of your personal data;
  • right to correct inaccurate, incomplete or outdated data;
  • right to limit or withdraw consent to our processing of your personal data and/or to deregister your account. However please note that if you withdraw your consent, we may be unable to process your application, provide certain services to you, or initiate or manage your future employment relationship with us;
  • right to oppose and discontinue the processing of, or deletion of data (in certain circumstances);
  • right to data portability (in a format that is technically feasible and limited to our commercial or industrial secrets);
  • right to complain, including with your local data protection authority and with consumer defense bodies;
  • right to obtain information about the possibility of denying consent, and the consequences of such denial;
  • right to anonymization, blocking or erasure of unnecessary or excessive personal data or personal data processed;
  • right to object to processing of your personal data where we are relying on any legal bases other than consent in case there is violation of the applicable law;
  • right to receive information about public and privacy entities with which we have carried out the shared use of your personal data, according to the applicable law; and
  • right to review decisions based only on the automatized processing of personal data, by a natural person, whenever it affects your interests, including decisions intended to define your personal, professional, consumer and credit profile, or aspects of your personality.

In some cases, you may also have the right to appeal if we deny your privacy request.  If you have any questions on whether you have, or how to exercise these rights, please contact the Data Protection Officers or representative of the relevant Beiersdorf entity using the contact details as set out in the Data Controller and Contact Details section of the Privacy Notice. Any question or application to exercise your rights can be sent in your native language.

DATA SECURITY

Where we share your personal data with service providers or third parties, we instruct them in writing to hold your data securely and in line with the requirements of applicable law. Service providers and third parties must implement appropriate technical and organizational measures to ensure the security of your data. 

CHANGES

We may make changes to this Privacy Notice from time to time. In case of material changes and where required by applicable law, we will seek your consent to these changes.