Introduction

Maerz Ofenbau AG (hereinafter also "we", "us"), informs you in the context of this data protection declaration ("Data Protection Declaration") about the collection, processing and use of your data when you apply for a position advertised by us or submit an unsolicited application.

This privacy policy applies in addition to our other privacy policies (e.g. for the use of our website, employees, etc.). We use the term "data" synonymously with "personal data" and "personal information".

Responsible controller for data processing 

Responsible for the processing of your data in accordance with this Data Protection Declaration is:

Maerz Ofenbau AG
Richard-Wagner-Strasse 28
8002 Zurich, Switzerland

If you have questions about data protection, you can contact us at dataprotection@maerz.com at any time.

Categories of personal data processed by us

As a rule, we collect your data directly from you or via a recruitment agency. However, we may also collect your data from other sources (e.g. publicly accessible sources, previous employers, professionally oriented social networks such as LinkedIn, job exchanges, online portals, authorities, etc.), insofar as this is necessary for your suitability for the future employment relationship or for the preparation of the future employment relationship, unless you have separately consented to processing not previously mentioned.

If you provide us with information about other persons, e.g. family members, work colleagues or former employers, we assume that you are authorized to do so and that this data is correct. It is your responsibility to ensure that these third parties are informed about our data processing. You can also send them a copy of this Data Protection Regulation.

As part of the application process, we collect and process the following categories of data in particular:

• Contact details and personal information (e.g. first and last name, address, e-mail, telephone number, date of birth, nationality/citizenship);
• Information from your application dossier (e.g. your motivation, position for which you are applying, desired salary, details of desired workload, place of work and work area, potentially details of any political offices, further employment, etc.);
• Application documents (e.g. CV, academic certificates if applicable, information on former employers, references and job references from former employers, data on professional experience, information on training and further education, other qualifications, language skills, experience abroad);
• Results of online procedures (e.g. details of your online application, personality test, cognitive performance tests);
• Further information and references if you provide us with such information in a personal interview or documentation (e.g. interests, hobbies, non-professional activities, references of other persons).

Maerz Ofenbau AG also processes particularly sensitive personal data (e.g. if such data is to be considered in relation to the workplace, location or assignment), if and insofar as this is necessary.

You are not obliged to provide us with your personal data. However, we may not be able to continue the application process or conclude an employment contract without certain information, because without this information we cannot assess whether you are suitable for the position in question and whether we can imagine an employment relationship with you.

If your application is successful, we will use certain data for further processing with regard to the employment relationship and, if necessary, collect additional information. Details can be found in the Data Protection Declaration for employees.

Purposes for which we process your personal data

We only process your personal data for the purpose of carrying out the application process and, if your application is successful, for the preparation and handling of the employment relationship in accordance with our Data Protection Declaration for employees.

In particular, we may process your data for the following purposes:

• to answer/process your contact based on your application for an advertised position or based on a speculative application;
• Check whether your profile matches the position in question;
• Compliance with any legal requirements and obligations (e.g. compliance/background checks, etc.) as well as the enforcement and defence of legal claims;
• Preparation and processing with regard to the potential future employment relationship;
• to contact you at the end of the application process in case you are considered for an alternative position (provided you have given us your consent to do so);
• to ask you about your satisfaction with the application process (if you have given us your consent to do so);
• to send you personalised information about job vacancies with us (if you have given us your consent to do so).

If we process your data for purposes other than those mentioned above, we will inform you in advance about this processing and, if necessary, obtain your consent.

Legal basis

There is a legal basis for processing your data in the following cases:

• Implementation of the application process;
• Exercise of rights and obligations arising from labour law or social security law;
• Processing on the basis of your consent. If we process particularly sensitive personal data (e.g. health data), we will assume that you have given your consent if you transmit or provide us with such data (e.g. as part of the application process);
• Processing is necessary for the purposes of the legitimate interests pursued, e.g. protection of other applicants and protection of our data, secrets and assets, security of systems and buildings, organization of business operations, compliance with legal requirements and our internal regulations; prevention of administrative offences and criminal offences as well as investigations in connection with misdemeanours and other misconduct; processing of complaints and claims against us; participation in legal proceedings and generally the assertion, exercise or defence of legal claims; background checks; marketing of our products and services; etc.

Disclosure of your data

We may disclose your data to other recipients to the extent necessary for the above-mentioned purposes, if necessary with your separate consent. These recipients are recipients in the following categories:

• Group companies (e.g. other Group companies for internal Group administration, central HR administration and IT administration);
• Provider of systems for applicant management and selection procedures.

Transfer abroad

Not all of the recipients mentioned above are based in Switzerland. If we also pass on personal data to recipients in countries worldwide, i.e. also to countries that do not have an adequate level of data protection from the perspective of Switzerland or the European Union (EU), we are obliged to ensure the protection of your personal data in a suitable manner, e.g. through data transfer agreements (e.g. EU standard contractual clauses, adapted to Swiss requirements), unless we are entitled to pass on your data for other reasons.

Data Security

We take appropriate organisational and technical measures to prevent your data from being lost, used or accessed without authorisation, altered or disclosed. However, we and your data may fall victim to cyber-attacks and other fraudulent and malicious activities, including but not limited to virus attacks, fraud, malfunctions and system disruptions, which are beyond our control and responsibility.

Automated individual decisions

Automated individual decisions are decisions that are made exclusively on the basis of automated processing, i.e. without human intervention, and that may have legal consequences for the data subject or can significantly affect the data subject. As a rule, we do not make automated individual decisions - however, should we do so, we will inform you separately. In this case, you have the right to express your opinion and to request a review of the decision by a natural person.

Retention and storage of data

We store your data for a period of six (6) months after completion of the application process. If we are unable to offer you a current vacancy but, based on your profile, believe that your application may be of interest for future vacancies, we will store your personal application data for a maximum of twelve (12) months, unless you expressly object to such storage and use.

The above-mentioned retention periods do not apply if statutory provisions prevent deletion, if further storage is necessary for the purpose of providing evidence or if you have expressly consented to longer storage.

You can request the deletion of your data or the return of your application by contacting us at dataprotection@maerz.com.

If your application is successful, we will store your data for the entire duration of your employment in accordance with our data protection declaration for employees of Maerz Ofenbau AG, which we will send you when you are hired.

Your rights as affected person

In connection with the processing of your data and in accordance with applicable law, you may exercise the following rights:

• Right to information:
  You have the right to request information about your data stored by us;
• Right to rectification:
  You have the right to have incorrect or incomplete data rectified or completed;
• Right to erasure or destruction:
  You have the right to request the erasure or destruction of your data if the data is no longer required for the purposes pursued, if you have withdrawn your consent and there is no other legal basis for the processing or if the data is processed unlawfully;
• Right to restriction:
  You have the right to request the restriction of the processing of your data under certain conditions (e.g. if the accuracy of the data is disputed by you, the processing is unlawful);
• Right to data portability:
  You have the right to receive from us the data that you have provided to us in a commonly used electronic format;
• Right to withdraw consent:
  You have the right to withdraw your previously given consent to specific processing at any time. The revocation only applies to the future; processing that took place in the past on the basis of your consent is not affected by your revocation and remains lawful;
• Right to object:
  You can object to data processing at any time.

Please note that these rights may be restricted and/or limited under applicable law, in particular where this is necessary to protect other persons or our trade secrets.
To exercise these rights, please contact dataprotection@maerz.com.

You are also free to lodge a complaint with the competent data protection authority, the Swiss Federal Data Protection and Information Commissioner (EDÖB), if you believe that your rights have been violated by certain data processing. However, we ask you to contact us first so that we can take up and process your request.

Changes to this Data Protection Regulation

This Data Protection Declaration may be amended and updated from time to time, for example due to changes in legal requirements.
The current version available in the careers section on the website of Maerz Ofenbau AG applies.