Privacy Notice for Job Applicants - BMT Group

Please read this Privacy Notice carefully. It explains why and how we collect your personal information, how we protect it and for how long we keep it. We will keep your data as secure as possible and protect it against loss and unauthorized disclosure or access, and we will handle your personal data in strict compliance with applicable data protection legislation, in particular the General Data Protection Regulation 2016/679 of 27 April 2016 ("AVG").

This Privacy Notice applies when you apply for any job with one of the companies of BMT Group, by completing one of the forms on the job page of the website or in any other way.

This Privacy Notice has been prepared as a Q&A ('Questions & Answers') list.

1. Who will process my personal data?

The data controller for your personal data is the legal entity of BMT Group to which you have applied.

You can find the data of all companies of the BMT Group via the following link: http://www.bmt.lu/group-structure

Please note that when you are visiting our pages on Facebook, Twitter, Instagram or LinkedIn, cookies are processed by Facebook, Twitter, Instagram and LinkedIn.  Based on these cookies, we can gather information - in a completely anonymous way - about the public visiting our social media pages. For further information about why and how personal data are processed in this context, we revert to the Privacy and Cookie Policies of these platforms:

• Facebook:
• Cookie Policy Facebook: https://www.facebook.com/policies/cookies/
• Privacy Policy Facebook: https://www.facebook.com/about/privacy/
• Twitter:
• Cookie Policy Twitter: https://help.twitter.com/nl/rules-and-policies/twitter-cookies
• Privacy Policy Twitter: https://twitter.com/en/privacy
• Instagram:
• Cookie Policy Instagram: https://help.instagram.com/1896641480634370
• Privacy Policy Instagram: https://help.instagram.com/155833707900388)
• LinkedIn:
• Cookie Policy LinkedIn: https://www.linkedin.com/legal/cookie-policy
• Privacy Policy LinkedIn: https://www.linkedin.com/legal/privacy-policy)

2. For what purpose and on what legal basis will my personal data be processed?

The purpose for which your personal data are processed is to register your application for employment in our company and, if this application leads to the start of a selection procedure, a profile of you will be created, which means that we will process all the necessary data required to assess your application with a view to a possible recruitment. This assessment may also include an assessment by an external party. 

The processing of your personal data is therefore necessary in order to be able to take measures prior to the conclusion of an employment contract and it is in our justified interest, i.e. the interest to assess you before making an offer of employment, which also seems to us to be in your interest (or at least our interests are not overridden by your interests).

In the event of a positive assessment and decision to hire you, we will also use your personal data to prepare the employment contract.

In the event of a decision not to hire you, we will retain your personal data for a specific period as well (see point 7) in order to be able to contact you if any future job opportunities would seem to match your profile. This is also in our legitimate interests unless you would object to this.

Finally, we will store your personal data which we collected in the context of the recruitment process in order to protect us against potential legal claims during the statute of limitations (= the period during which a legal claim could be initiated against us).

3. What categories of personal data will be processed?

Personal data includes all information relating to you or on the basis of which you may be identified.

Anonymous data, without the possibility to identify you, are therefore not considered as personal data.

For the purposes mentioned above, the processing of personal data includes:

• standard information relating to your identity (name, first name(s), address, etc.);
• personal data (place and date of birth, nationality, gender, telephone number, e-mail address, etc.);
• your photo if you send it to us voluntarily (e.g. included in your CV);
• information relating to your professional experience (profile, information on former employers, termination of last jobs and work done, special projects, etc.), including a reference survey if you have provided references in your CV;
• information relating to your training (diplomas, certificates, traineeships, special courses, etc.);
• language skills;
• if applicable, whether or not you have an employment and/or residence permit for the European Economic Area (EEA);
• any other personal data that you provide us with when you apply for a job, in your CV or cover letter, in connection with the performance of the job;
• digital assessment via the internet (presence on social media), to the extent that this presence is public to us;
• CCTV footage;
• all other personal data (other than those mentioned above) that must be processed pursuant to the law.

You are not obliged to provide us with this information. If you do not do this, it may have a negative impact on your chances of being recruited.

4. Who will have access to my personal data?

HR and your intended manager(s) will have access to your personal data on a strict need-to-know basis for the purposes set out above.

We will not forward your details to other parties, with the possible exception of 'assessment centres' etc. or any other third party if this is relevant to the recruitment process.

Data can also be shared with other companies within the BMT group (see the link under 1 above).

The confidentiality of your personal data is guaranteed.

5. Will my personal data be transferred outside the EEA?

We will not disclose your personal data to recipients located in countries outside the European Economic Area (EEA) whose legislation does not provide the same level of data protection.

6. Is automated decision-making applied?

Automated decision-making is defined as decisions concerning individuals which are based solely on automated data processing and which produce legal effects or significantly affect the individuals concerned.

As a matter of principle, we do not use automated decision-making as described above. We do not base our decision as to whether or not to hire you solely on automated data processing of your personal data.

7. How long will my personal data be stored?

We keep your personal data for the period necessary for the purposes mentioned above.

If your application does not lead to a working relationship, your personal data will be kept for a maximum period of five years after the end of the recruitment process for the purposes set out in section 2 above.

Images from surveillance cameras shall be kept for a maximum of one month, unless the images can contribute to proving nuisance, a crime or damage or to identifying an offender, a troublemaker, a witness or a victim.

8. What rights can I invoke in connection with the processing of my personal data?

You can contact us at any time for assistance with the application or the management of your personal data. You also have the right to contact us at any time with the request to:

• Access to your personal data. This includes the right to request a copy.
• Correction of your personal data, including the addition of incomplete data, should these not be kept accurate;
• Delete your personal data as soon as we have no legal reason (anymore) to process them;
• Obtain and/or transfer your personal data in a structured, common and machine-readable form to another data controller insofar as we process them automatically within the framework of the employment contract concluded with yourself or with a view to pre-contractual steps and insofar as this does not affect the rights and freedoms of others, including our company itself;
• Restriction with regard to data processing if you contest the processing or the correctness of the processed data or if you wish to retain certain personal data with a view to a possible legal action when we no longer need them in the light of the purposes mentioned under point 2.
• You have the right to object at any time to processing operations which we have based on the legitimate interest in point 2. We will then cease processing unless there are compelling legitimate grounds for further processing. For example, you will be able to object to the processing of your data after an unsuccessful application has been submitted. In this case, we will delete your data immediately and stop further processing.
• You also have the right - if you believe that we have not acted in accordance with data protection legislation - to lodge a complaint with the Data Protection Authority of the country in which you reside, where you work or where the alleged infringement was committed.

If you would like more information about the processing of your data, your rights or an explanation of this notification, you can always contact us via gdpr@bmt.lu.

9. Changes

We reserve the right to amend this Privacy Notice from time to time, within the limits of the applicable privacy and data protection regulations.