Introduction

It is very important to Messer SE & Co. KGaA that personal data is handled with care. This also applies in particular to the data of applicants. The following information shows you that we handle your personal data carefully in the context of your application. 

Personal data

The term personal data refers to all information that can be related to you as a natural person, such as your name, address, date of birth, e-mail addresses or telephone numbers. This also includes information that can only be assigned to you indirectly, for example by assigning it to an identifier such as a name, an identification number, location data or an online identifier. A person is also considered identifiable if they can be identified based on one or more special characteristics that are an expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.

1. Company responsible for your data

Messer SE & Co KGaA is responsible for the processing of your applicant data.

2. Contact details of the controller and the data protection officer 

1. Contact details of the controller 
   Messer SE & Co KGaA 
   - Human Resources -
   Messer-Platz 1 
   65812 Bad Soden 
   Phone: +49 6196 7760-0 
   E-mail: recruiting.co[at]messergroup.com 
    
2. Contact details of the data protection officer  
   The contact details of the Data Protection Officer of Messer SE & Co. KGaA are  
   Messer SE & Co. KGaA 
   - Data Protection Officer -
   Messer-Platz 1
   65812 Bad Soden
   Phone: +49 6196 7760-139
   E-mail: datenschutz.mg[at]messergroup.com
    

3. What data does Messer SE & Co. KGaA process?

Messer SE & Co. KGaA processes the following types of personal data, among others, as part of an application process:

1. Applicant data when using the applicant portal 
   If you apply via our applicant portal available on our website (if we offer this), you will be asked to enter a range of personal data in order to submit your application to us. We require personal data (in particular title, first name and surname, street, zip code, city, country, telephone number and e-mail address) as well as other attachments to your application (cover letter, CV and references), as we need this information in order to actually process your application. Optionally, you can also enter your cell phone number, salary expectations (annual salary) and other information.
    
2. Applicant data for applications by e-mail or in writing If you apply to us by e-mail or in writing, we process the data you provide, such as your personal data (in particular title, first and last name, street, zip code, city, country, cell phone number, telephone number and e-mail address) as well as other attachments to your application (cover letter, CV and certificates), as we need this information in order to actually process your application.
    
3. Applicant data for applications via recruitment agencies 
   If you apply to us via recruitment agencies, we generally only process anonymized data from an anonymized CV as a first step. In the further application process, we then process personal data provided by you or the recruiter, such as (in particular title, first and last name, street, zip code, city, country, cell phone number, telephone number and e-mail address) as well as other attachments to your application (cover letter, CV and certificates) in order to be able to process your application further.

This data is hereinafter referred to as "applicant data". You will find further information on the processed data in the following description of the specific processing procedure.

4. What does Messer SE & Co. KGaA do with the data?

We process your applicant data exclusively for the purpose of deciding on the establishment of an employment relationship, i.e. to carry out the entire application process with us.

5. General information 

1. Your rights 
   You have the following rights concerning your personal data:

• Right to information (Art. 15 GDPR).
• Right to rectification (Art. 16 GDPR) or erasure (Art. 17 GDPR).
• Right to restriction of processing (Art. 18 GDPR).
• Right to data portability (Art. 20 GDPR).
• Right to object to processing (Art. 21 GDPR).
• If you have given your consent to the processing of your data, you can revoke this at any time with effect for the future (Art. 7 para. 3 GDPR). The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
  
  You can exercise your rights by sending an e-mail to the following e-mail address: recruiting.co[at]messergroup.com
  
  You also have the right to complain to a data protection supervisory authority about the processing of your personal data by us.
   

2. b.    General information on the legal basis of the specified process 
   Your entered or provided applicant data are processed on the basis of Section 26 (1) sentence 1 BDSG. This legal basis permits the processing of personal data of applicants within the meaning of Section 26 (8) sentence 2 BDSG for the purposes of the employment relationship if this is necessary for the decision on the establishment of an employment relationship.
    
3. General information about the recipients of data  

   
   (1)    General information 
   The IT programs used to process your data are hosted and processed by Kyndryl Deutschland GmbH and Microsoft Ireland Operations Limited. In this context, Kyndryl Deutschland GmbH and Microsoft Ireland Operations Limited only carry out data processing activities on behalf of and in accordance with the instructions of Messer SE & Co KGaA.

   Otherwise, Messer SE & Co. KGaA only transfers data to third parties if this is necessary for the selection process and if there is a legal basis for this, such as a balancing of interests justifies this - in particular within the Messer companies - or to fulfill legal requirements according to which we are obliged to provide information, report or pass on data. Otherwise, data is only transferred to external service providers who process the data exclusively on our behalf.

   Within Messer SE & Co. KGaA, only those internal offices and departments receive the personal data that are necessary and required to process the application.
   
   (2)    Applications for Group Function positions in the Messer Group
   If you apply for a position that involves a reporting chain to a central position within the parent company Messer SE & Co. KGaA and/or one of our European subsidiaries (Group Functions), your applicant data will also be forwarded to the corresponding subsidiary within our group of companies if necessary.
   This is particularly the case if - due to the cross-group position - the central coordination and review of the application is carried out by Messer SE & Co. KGaA and/or if the central position in question is employed in a different subsidiary from the one to which you have applied.
   Messer SE & Co KGaA and, if applicable, other Messer companies are joint controllers within the meaning of Art. 26 GDPR.

    

   Shared responsi-bility	Responsible persons	Affected group of persons / data categories	Jointly defined purposes and means	Data processing	Responsibilities
   	Possible Messer companies involved https://www.messergroup.com/en/web/guest/locations	Applicants / Applicant data	Filling the Group Function positions / Central HR platform	Collection of applicant data; Storage and evaluation; granting of access by Messer companies; storage of data in the event of recruitment; deletion of data in the event of rejection.	Fulfillment of information obligations pursuant to Art. 13, 14 GDPR; Guaranteeing the rights of data subjects GDPR; documentation of technical and organizational measures (TOM); risk assessment and (if necessary) implementation of data protection impact assessments (DPIA) pursuant to Art. 35 GDPR; coordination with the supervisory authorities; evaluation and Monitoring of contract processors in accordance with Art. 28 GDPR; provision and documentation of processing registers (VVZ) in accordance with Art. 30 GDPR; evaluation and communication in the case of Data protection violations pursuant to Art. 33, 34 GDPR.
   	Possible Messer companies involved https://www.messergroup.com/en/web/guest/locations	Applicants / Applicant data	Filling the Group Function positions / Central HR platform	Limited access to applicant data for the purpose of carrying out the application process.

   
   Your data will be passed on exclusively for the purpose of checking and coordinating the application process and is based on our legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR, which consists of  an efficient and coordinated implementation of the selection process within the group of companies for such Group Functions positions.
   
   Data will only be transferred to Messer companies in countries outside the European Union (EU) or the European Economic Area (EEA) (so-called third countries) if the requirements of Chapter 5 of the GDPR are ensured, in particular if an adequacy decision has been made or standard contractual clauses have been concluded. The processing of your data in a third country may also take place in connection with the involvement of service providers as part of order processing.
   
   As part of your application process, we will of course inform you immediately in detail which Messer companies in our group of companies we have forwarded your application to. This depends on the individual position for which you are applying. 
    

4. General information on the retentionperiod  

   If no employment relationship is established, the applicant data provided by you to and stored by us will be deleted 6 months after notification of rejection.

   If you make use of the option to withdraw your application at any time, your applicant data will be deleted immediately.

5. Information pursuant to Art. 13 para. 2 lit. e GDPR The provision of your applicant data as a user of the applicant portal, in the context of an application by e-mail or in writing or via a recruiter is neither legally nor contractually required. You are also not obliged to provide us with your applicant data. However, the processing of your applicant data listed in section 3 is necessary for the meaningful processing of your application.