Data Privacy Policy

Data Privacy Policy for YourLiebherrCareer – the portal for your career at the Liebherr Group

A. General Information

I. What governs this data privacy policy?

We place great importance on the protection and security of your personal data. In what follows, we provide you with information on the processing of your personal data in YourLiebherrCareer – the portal for your career at the Liebherr Group (hereinafter “Portal”).

II. What is personal data and what does processing mean?

1. “Personal Data” (hereinafter also referred to as “data”) is all information that reveals something about a natural person. Personal data is not only information that allows a direct conclusion to be drawn about a certain person (such as a name or an email address of a person), but also information with which a connection to a specific person can be made with the corresponding additional knowledge.

2. “Processing” refers to any measures that are carried out with your personal data (such as collecting, recording, organizing, arranging, saving, using, or deleting data).

B. Data Processing

I. Who is responsible for the processing of your data?

As part of staff recruitment via the Portal, the different companies of the Liebherr Group work closely together and have jointly defined the processes for the processing of candidate data in certain areas.

With regard to the responsibility for the processing of personal data in the Portal, a distinction must be made between the following areas:

For the processing of data as part of your visit to the Portal’s web pages and the registration and authentication of your Liebherr career account (hereinafter “Account”), Liebherr-IT Services GmbH is responsible.

When you use the Portal to apply for jobs within the Liebherr Group, your application consists of two components. First, you must create a candidate profile for yourself in which you save personal information generally relevant to the application. This candidate profile is mandatory in order to then be able to apply for specific job postings. In the respective application, you can supplement or overwrite your information from the candidate profile with information relevant to the job.

For the processing of data from your candidate profile, the following is/are responsible, depending on which option you have chosen for the visibility setting in the candidate pool of the Liebherr Group:

  • the company of the Liebherr Group for whose job(s) you have applied, or
  • the companies of the Liebherr Group based in the country that you have indicated as your country of residence in your candidate profile, or
  • all companies of the Liebherr Group worldwide,

together with Liebherr-IT Services GmbH in accordance with Art. 26 (1) GDPR.

For the processing of data in your application, the respective company of the Liebherr Group that advertised the job is responsible.

An overview of all potential data-processing companies of the Liebherr Group can be found here.

You can assert your rights as a data subject in accordance with Art. 15 to 22 GDPR with
Liebherr-IT Services GmbH at

HR IT
Liebherr-IT Services GmbH
St. Vitus 1
88457 Kirchdorf an der Iller
Email: MySuccess.DataPrivacy@liebherr.com

Liebherr-IT Services GmbH acts as a central point of contact for the assertion of data subject rights in connection with data processing falling under joint responsibility as well as data processing related to specific applications.

II. What data do we process, and for what purposes, and on what legal basis?

Your data can be processed in various contexts via the Portal. Below is a description of what data of yours we may process, as well as during which processing activity, for what purpose, and on what legal basis the processing is done.

1. Data processing when visiting the web pages

When you visit the web pages of this Portal, Liebherr-IT Services GmbH processes data from you.

a) What data is processed in connection with your visit to the web pages?

When accessing the web pages and their content, the following data in particular is processed by our web server:

  1. date and time you access the website
  2. your (external) IP address
  3. the domain name of your Internet access provider
  4. the browser type, browser version, and operating system that you use
  5. URL (Internet address) of the website you were on at the time of access
  6. the files accessed via the web pages (access type, name of the accessed file, URL of the accessed file, success of the access)
  7. the data quantity transferred to you when visiting the web pages

b) For what purposes do we process your data?

We process this data to ensure the security and stability of our Portal.

c) On what legal basis do we process your data?

Your data is processed on the basis of a weighing of interests (Art. 6 (1) letter f GDPR). Our legitimate interest is the improvement and maintenance of the stability, functionality, and security of the Portal.

d) Use of cookies

Cookies are small text files that a web server can save and read on your terminal (computer, smartphone, or similar) through the web browser that you use. Cookies contain individual alphanumeric character sequences that enable the web browser you use to be identified; the sequences may also contain information on user-oriented settings.

In providing of our Portal, we use only required cookies, i.e., cookies that do not require consent, for the technical provision of services. Required cookies are those that are required from a technical standpoint for functionality and to ensure the security and stability of our Portal and our IT systems (e.g., load distribution) and, where applicable, those cookies that save certain settings that you set, options that you select, or information that you enter no later than up to the time you close your web browser (e.g., login status). We do not use cookies and additional technologies that enable us to understand your behavior as a user of our Portal.

2. Data processing during registration / login

When you register an Account or log in to the Portal, Liebherr-IT Services GmbH processes data from you.

a) What data is processed during registration/login?

When you register an Account on the Portal, we process the following data:

  • the data that you provide during registration/authentication
  • unique user identifier (UPN, email address, candidate ID)
  • record data, such as registration date and date and time of the last successful login

b) For what purposes do we process your data?

We process your data for the following purposes:

  • registering of an Account
  • authentication of your Account
  • central management of Account data
  • support for your Account

c) On what legal basis do we process your data?

Your data is processed for the purpose of fulfilling a contract (Art. 6 (1) letter b GDPR).

3. Processing of candidate profile Data

In connection with your candidate profile, the companies of the Liebherr Group, together with Liebherr-IT Services GmbH, process data from you.

a) What data is processed when you create a candidate profile?

When you create a candidate profile in the Portal, we process the following data:

1. personal information (name, address)
2. contact information (telephone number, email address)
3. resume
4. cover letter, if applicable
5. certificates / letters of reference, if applicable
6. the respective company of the Liebherr Group with which you are currently employed, if applicable
7. upload of an automated notification regarding open positions based on search criteria specially set up and selected by you (Job Alert), if applicable

Note: No company of the Liebherr Group intentionally collects specific types of personal data (information on political views, race, or ethnic origin; religious or philosophical beliefs; union membership; health; or sex life) from you if and insofar as such collection is not required by applicable national law and/or permitted by applicable national law on the favoring of certain groups. You are therefore asked not to provide any information regarding the aforementioned criteria as part of his/her application unless he/she is requested to do so in a mandatory field.

b) For what purposes do we process your data?

Liebherr-IT Services GmbH processes this data for the following purposes, where applicable:

  1. To provide candidate profile data to the companies that you select
  2. To automatically notify you via email of open positions based on specially set search criteria (Job Alert)
  3. To comply with (i) legal requirements (e.g., retention obligations under tax and commercial law), (ii) existing obligations to perform compliance screenings (comparison with the terrorist list, etc.)
  4. To settle legal disputes; enforce existing contracts; and assert, exercise, and defend legal claims.

The companies of the Liebherr Group that you select, where applicable, process your data for the following purposes:

  1. To carry out the application process and precontractual measures regarding the specific job opening for which you have applied
  2. To select candidates for the staffing of alternative matching job openings
  3. To comply with (i) legal requirements (e.g., retention obligations under tax and commercial law), (ii) existing obligations to perform compliance screenings (comparison with the terrorist list, etc.)
  4. To settle legal disputes; enforce existing contracts; and assert, exercise, and defend legal claims

Data processing for other purposes is considered only if the relevant legal requirements in accordance with Art. 6 (4) GDPR are met. We will certainly comply with any duties to inform in the given case in accordance with Art. 13 (3) GDPR and Art. 14 (4) GDPR.

c) On what legal basis do we process your data?

The legal basis for the processing of your data is generally Art. 6 GDPR. If more specific national legal provisions are relevant, these will apply. An overview of the various national data privacy provisions can be found in Appendix 1.

Liebherr-IT Services GmbH and the companies of the Liebherr Group that you select process your data on the following legal basis(es):

  1. Consent
    (Art. 6 (1) letter a) GDPR)
  2. Data processing to perform a contract or to implement precontractual measures
    (Art. 6 (1) letter b) GDPR)
  3. Data processing on the basis of a weighing of interests
    (Art. 6 (1) letter f) GDPR)
  4. Data processing to fulfill a legal obligation
    (Art. 6 (1) letter c) GDPR)

Our legitimate interests are: Economic Interests                                                                                            

When we process your data based on consent from you, you have the right to withdraw the consent from us at any time with effect for the future.

When we process your data on the basis of a weighing of interests, you have the right to object to the processing of your data, while taking into account the guidelines of Art. 21 GDPR.

We process your data only to the extent necessary to fulfill the aforementioned purposes.

4. Processing of specific application data

In connection with your application for a specific position, the company of the Liebherr Group posting the job processes data from you.

a) What data is processed in the handling of applications via the Portal?

When you apply for a specific job posting, we process the following data in addition to your candidate profile data (see Section 3 a) in accordance with the requirements of the applicable national law in each case: The applicable national law depends on the country of residence that you specify in your candidate profile as well as the country of the advertised job.

8. job(s) for which you have applied
9. job-relevant resume, if applicable
10. job-relevant cover letter, if applicable
11. job-relevant certificates, if applicable
12. job-relevant additional documents, if applicable
13. sex, if applicable
14. date of birth, if applicable
15. nationality, if applicable
16. race, if applicable
17. veteran status, if applicable
18. disability status, if applicable
19. ethnicity, if applicable
20. monthly or yearly salary expectations, including currency, if applicable
21. notice period, if applicable
22. for external candidates, how they learned about the job opening
23. consent to the contacting of previous employers to verify references, if applicable
24. response to job-related questions, if applicable
25. scheduling information for job interviews, if applicable
26. entry level
27. information on the fields of activity you are interested in

b) For what purposes do we process your data?

The company of the Liebherr Group posting the job processes this application data, which consists of data in the candidate profile and additional job-related data, for the following purposes, where applicable:

  1. To carry out the application process and precontractual measures regarding the specific job opening for which you have applied
  2. To comply with (i) legal requirements (e.g., retention obligations under tax and commercial law), (ii) existing obligations to perform compliance screenings (comparison with the terrorist list, etc.)
  3. To settle legal disputes; enforce existing contracts; and assert, exercise, and defend legal claims.

Data processing for other purposes is considered only if the relevant legal requirements in accordance with Art. 6 (4) GDPR are met. We will certainly comply with any duties to inform in the given case in accordance with Art. 13 (3) GDPR and Art. 14 (4) GDPR.

c) On what legal basis do we process your data?

The legal basis for the processing of your data is generally Art. 6 GDPR. If more specific provisions of applicable national law are relevant, these will apply. An overview of the various national data privacy provisions can be found in Appendix 1.

Your data is processed on the following legal basis(es):

  1. Data processing to perform a contract or to implement precontractual measures
    (Art. 6 (1) letter b) GDPR)
  2. Data processing on the basis of a weighing of interests
    (Art. 6 (1) letter f GDPR)
  3. Data processing to fulfill a legal obligation
    (Art. 6 (1) letter c) GDPR)

Our legitimate interests are: Economic Interests             

When we process your data based on consent from you, you have the right to withdraw the consent from us at any time with effect for the future.

When we process your data on the basis of a weighing of interests, you have the right to object to the processing of your data, while taking into account the guidelines of Art. 21 GDPR.

We process your data only to the extent necessary to fulfill the aforementioned purposes.

III. To whom and for what purposes do we transfer your data? And what categories of your data do we transfer?

We transfer your data, where applicable, to:

  1. other companies of the Liebherr Group according to your selected visibility setting in the candidate pool of the Liebherr Group
  2. the company of the Liebherr Group for whose job(s) you have applied
  3. our service providers whom we engage to fulfill the aforementioned purposes
  4. courts, arbitral tribunals, authorities, or legal advisors when this is necessary to comply with applicable law or to assert, exercise, or defend legal claims.

IV. Is your data processed outside of the European Union?

The transfer of data to locations in countries outside of the European Union (third countries) is only permissible provided that the European Commission has decided that an adequate level of protection exists in a third country (Art. 45 GDPR), provided that appropriate safeguards exist (e.g., standard data privacy clauses that are accepted by the Commission or the supervisory authority according to a certain procedure) and the enforcement of your rights as a data subject is ensured, or provided that the transfer is permissible in the specific case due to other circumstances surrounding permission (Article 49 GDPR).

For a visibility setting of your candidate profile that you request for other companies of the Liebherr Group via the candidate pool or for your application for a specific advertised job, depending on the country in which you are located and the country in which the respective company of the Liebherr Group is based, it may be necessary to transfer your data over national borders, even to companies of the Liebherr Group that are not based in the European Union but in a country without an adequate level of data privacy within the meaning of Art. 45 GDPR and without appropriate safeguards within the meaning of Art. 46 GDPR for the protection of your data. Data is transferred in this case on the basis of Art. 49 (1) and (1) letter b GDPR.

The risk of transferring data to countries where the data privacy level is insufficient according to EU standards can (as is the case in the US., for example) be due to the fact that access by state authorities cannot be ruled out and your data could be processed without you being specifically informed about it and without enforceable rights and effective legal remedies being available to you for reasons of national security, criminal prosecution, or for other purposes in the public interest.

The data that you provide can, where applicable, be processed in the following countries on behalf of the companies of the Liebherr Group by the persons responsible for carrying out the application process:

  • Algeria
  • Argentina
  • Azerbaijan
  • Australia
  • Brazil
  • Bulgaria
  • Chile
  • China
  • Denmark
  • Germany
  • Finland
  • France
  • Ghana
  • United Kingdom
  • India
  • Indonesia
  • Ireland
  • Italy
  • Japan
  • Canada
  • Kazakhstan
  • Colombia
  • Malaysia
  • Morocco
  • Mexico
  • Mozambique
  • New Caledonia
  • New Zealand
  • Netherlands
  • Nigeria
  • Norway
  • Austria
  • Panama
  • Peru
  • Poland
  • Portugal
  • Romania
  • Russia
  • Zambia
  • Saudi Arabia
  • Sweden
  • Switzerland
  • Singapore
  • Spain
  • South Africa
  • South Korea
  • Thailand
  • Czech Republic
  • Turkey
  • Hungary
  • United Arab Emirates
  • United States of America

V. When do we delete your data?

We process your data for as long as necessary for the respective purpose, provided that you have not effectively objected to the processing of your data or effectively withdrawn any consent.

Your account, including the associated data, will be deleted one year after your last login to your account, unless you request an earlier deletion. Two weeks before your Account is permanently deleted, you will be notified of the upcoming deletion so that you have the opportunity – if desired – to keep your Account by logging in again. If you would like to delete your account earlier, you can do so yourself in the Portal or instruct us to do so. In this case, all of your Account’s data will be immediately deleted. All applications associated with your Account will be affected by the deletion provided that these are still in process.

We generally save your completed applications for the duration of the retention period applicable in the respective country of the office posting the job (Appendix 2). In Germany, this is a maximum of six months after completion of the application process, unless a longer or shorter retention period is required for legal reasons. The period starts upon receipt of the decision regarding your application. In addition to the retention of your application(s) for the applicable retention period by the respective company of the Liebherr Group that advertised the job, your completed applications can only accessed by you within your Account as long as you have not deleted them. No later than upon deletion of your Account, the applications found there will also be deleted.

VI. To what extent is there automated decision-making in the specific case?

We do not use fully automated decision-making in accordance with Article 22 GDPR to create and conduct the business relationship. If we use such processes in specific cases, we will inform you of this separately, as long as this is provided for by law.

C. How is your personal data secured against unauthorized access and loss?

We employ technical and organizational security measures to ensure that your data is protected from loss and unauthorized changes or unauthorized access by third parties. In each case, only persons authorized by us have access to your data, and only to the extent necessary for the aforementioned purposes.

D. Data Subject Rights and the Right to Lodge a Complaint

Within the framework prescribed by law, you have the right to

  1. Access your data;
  2. Rectify incorrect data and complete incomplete data;
  3. Erase your data, particularly if (1) it is no longer necessary for the purposes specified in these data privacy notices, (2) you withdraw your consent and there is no other legal basis for processing, (3) your data was unlawfully processed, or (4) you have lodged an objection to processing and no overriding legitimate grounds for processing exist.
  4. Restrict the processing of your data, particularly if you dispute the accuracy of the data or the processing of your data is unlawful and you request the restriction of use instead of deletion.
  5. The right to receive your data in a structured, commonly used, and machine-readable format and to arrange for us to transfer your data directly to another controller.

Please ensure that the lawfulness of the processing completed based on the consent up to the time of withdrawal remains unaffected by your withdrawal.

In asserting the aforementioned rights, we ask for your understanding as we may request proof from you that shows that you are the person who you say you are.

In addition, you have a right to lodge a complaint with the competent supervisory authority.

E. Who is the contact person in data privacy matters and how can I make contact with that person?

You can contact us with questions regarding data privacy:

HR IT
Liebherr-IT Services GmbH
St. Vitus 1
88457 Kirchdorf an der Iller
Email: MySuccess.DataPrivacy@liebherr.com

You can reach the Data Protection Officer at:

Corporate Privacy
Liebherr-IT Services GmbH
St. Vitus 1
88457 Kirchdorf an der Iller
Email: datenschutz@liebherr.com

Appendices

Appendix 1: Country-Specific Data Privacy Provisions

Applicable law depends on your country of residence that you specify in the candidate profile as well as the headquarters of the respective company of the Liebherr Group as the responsible office.

  • Algeria: Ligji Nr. 9887, datë 10.3.2008 “Për mbrojtjen e të  dhënave personale”, i ndryshuar me Ligjin Nr.48/2012
  • Australia: Privacy Amendment (Enhancing Privacy Protection) Act 2012
  • China: for Hong Kong, HKSAR statutory regulations; for the People’s Republic of China, the applicable rules and regulations on the protection of personal data
  • Denmark: Act on the Processing of Personal Data (Act No. 429 dated May 31, 2000) - Persondataloven LOV nr 429 af 31/05/2000
  • Germany: Federal Data Protection Act [Bundesdatenschutzgesetz, BDSG]
  • Finland: Act on Information Technology (523/1999) (Henkilötietolaki 1999/523)
  • France: Act No. 78-17 of January 6, 1978, on Data Processing, Archives, and Fundamental Freedoms (Loi “Informatique, fichier et Libertés” du 6 janvier 1978 et avenants)
  • Ghana: Act 2012 843
  • United Kingdom: Data Protection Act 1998
  • Malaysia: Personal Data Protection Act, 2010
  • Mexico: Artículos 6, 8, 15 y 16 de la Ley Federal de Protección de Datos Personales en Posesión de los Particulares (Articles 6, 8, 15 and 16 of the Federal Law on Protection of Personal Data in Possession of Individuals)
  • New Zealand: Privacy Amendment (Enhancing Privacy Protection) Act 2012
  • Netherlands: Wet Bescherming Persoonsgegevens (Dutch privacy law)
  • Norway: Personal Data Act of 2000 (Personvernloven)
  • Austria: Data Protection Act [Datenschutzgesetz, DSG] 2000
  • Poland: Personal Data Protection Act as of August 29, 1997
  • Romania: Act 677/2001
  • Russia: Federal Law of July 27, 2006, N 152-FZ ON PERSONAL DATA
  • Sweden: Data Privacy Act: (1998:204) (Personuppgiftslagen (PuL))
  • Switzerland: Data Protection Act [Datenschutzgesetz] (DSG 235.1)
  • Singapore: Personal Data Protection Act 2012
  • Spain: Organic Law 15/1999 dated December 13 on the Protection of Personal Data
  • South Africa: Protection of Personal Information Act 3 of 2013
  • Czech Republic: Zákon 101/2000 Sb. o ochraně osobních údajů
  • Turkey: 6698 Personal Data Protection
  • Hungary: Act CXII of 2011 on Informational Self-Determination and Freedom of Information
  • United Arab Emirates:
  • United States of America: (1) US-Switzerland Safe Harbor Framework; (2) US – European Union Safe Harbor Framework; (3) 201 CMR 17.00: M.G.L. c. 93H

Appendix 2: Nationally Controlled Retention Periods for Application Data

The retention periods of the respective countries for application data can be found below:

  • Algeria: 6 months
  • Argentina: 6 months
  • Azerbaijan: 6 months
  • Australia: 6 months
  • Brazil: 6 months
  • Bulgaria: 36 months
  • Chile: 6 months
  • China: 6 months
  • Denmark: 6 months
  • Germany: 6 months
  • Finland: 6 months
  • France: 24 months
  • Ghana: 6 months
  • United Kingdom: 6 months
  • India: 6 months
  • Indonesia: 6 months
  • Ireland: 12 months
  • Italy: 6 months
  • Japan: 6 months
  • Canada: 12 months
  • Kazakhstan: 6 months
  • Colombia: 6 months
  • Malaysia: 6 months
  • Morocco: 6 months
  • Mexico: 6 months
  • Mozambique: 3 months
  • New Caledonia: 6 months
  • New Zealand: 6 months
  • Netherlands: 6 months
  • Nigeria: 6 months
  • Norway: 6 months
  • Austria: 7 months
  • Poland: 6 months
  • Portugal: 6 months
  • Romania: 6 months
  • Russia: 6 months
  • Zambia: 6 months
  • Saudi Arabia: 6 months
  • Sweden: 6 months
  • Switzerland: 6 months
  • Singapore: 6 months
  • Spain: 6 months
  • South Africa: 3 months
  • South Korea: 6 months
  • Thailand: 6 months
  • Czech Republic: 6 months
  • Turkey: 6 months
  • Hungary: 6 months
  • United Arab Emirates: 6 months
  • United States of America: 24 months

 

Version: March 2021