Datenschutzinformation für Bewerber*innen

DATA PRIVACY NOTICE FOR APPLICANTS

A. Moras & Comp. GmbH & Co. KG

 

 

This privacy notice for applicants informs you about the processing of your personal data by A. Moras & Comp. GmbH & Co. KG, Europaallee 42, 50226 Frechen.

 

According to Article 4 (1) of the GDPR, your personal data includes any information that is or can be related to you, in particular by reference to an identifier such as a name or to an organisational or personnel number by which you can be identified as a person.

 

 

Personal information and personal data:

A. Moras & Comp. GmbH & Co. KG collects and processes the following personal data (both in paper format and in digital form) that you have provided through your application (hereinafter also referred to as ‘applicant data’):

  • contact details, such as name, address, telephone number, and email address;
  • information concerning your professional experience and skills, as well as previous employment, language proficiency, performance evaluations, assessments, and ratings;
  • photograph (if voluntarily provided).

 

It is not envisaged that special categories of personal data will be processed. However, should you disclose such information to us, for example health data, this data will also be processed.

 

Purposes of data processing, legal basis, and consequences:

Applicant data is collected and processed for recruitment and hiring purposes, in order to determine the skills and suitability of the applicants who have applied for a position (hereinafter referred to as ‘processing purposes’). A. Moras & Comp. GmbH & Co. KG relies on the following legal bases for data processing:

 

  • processing for the purpose of making a decision on the establishment of an employment relationship

(Section 26 (1) of the German Federal Data Protection Act (BDSG) in conjunction with Article 6 (1) (b) of the GDPR)

  • Processing based on your consent

(Art. 6 (1) (a) of the GDPR in conjunction with Section 26 (2) of the BDSG)

  • Processing for the fulfilment of legal obligations

(Art. 6 (1) (c) GDPR)

  • Processing on the basis of legitimate interests

(Art. 6 (1) (f) GDPR), e.g., for the assertion or defence of legal claims

 

Where special categories of personal data (Article 9 GDPR), such as health data, are processed, this is carried out on the basis of Article 9 (2) (b) GDPR in conjunction with Section 26 (3) BDSG (fulfilment of obligations under labour law, social security law, and social protection law), or on the basis of your explicit consent pursuant to Article 9 (2) (a) GDPR. The provision of personal data is voluntary. However, should you fail to provide this data, the recruitment process may be prevented, and A. Moras & Comp. GmbH & Co. KG will regrettably be unable to consider your application.

 

When you use our online application form, your data will be transmitted through a secure SSL/TLS connection to safeguard the data against unauthorised access.

 

Categories of recipients:

Moras & Comp. GmbH & Co. KG may engage service providers acting as processors in accordance with Art. 28 GDPR. These service providers may have access to your personal data insofar as this is necessary for the provision of such services. Access to your personal data is restricted to the individual who needs the information for the performance of their duties. Data processing agreements in accordance with Article 28 of the GDPR have been concluded with all engaged service providers to ensure the protection of your data.

 

Data transfers to third countries including the USA

Your personal data will only be transferred to entities in countries outside the European Union (EU) or European Economic Area (EEA) if:

  • this is necessary for the performance of a contract,
  • you have granted us your consent,
  • or a legal obligation requires such transfer.

Where we use service providers in the USA (e.g. cloud services, CRM systems, video conferencing tools), your personal data will, as a rule, only be transferred if the respective recipient is certified under the EU-U.S. Data Privacy Framework (DPF). In such cases, the European Commission determines, in accordance with Art. 45 GDPR, that an adequate level of data protection exists in the USA for these certified companies. If the recipient is not certified under the DPF, we rely on other appropriate safeguards, such as the Standard Contractual Clauses adopted by the European Commission (Art. 46 GDPR). Where necessary, additional technical and organisational measures will be taken to ensure the protection of your data. You can find an up-to-date list of companies certified under the DPF at: https://www.dataprivacyframework.gov/s/participant-search

 

Retention period:

Application data will be retained by A. Moras & Comp. GmbH & Co. KG and, where applicable, by our service providers for as long as necessary and to the extent required to fulfil their obligations, and in accordance with applicable data protection law for the period needed to achieve the purposes. A. Moras & Comp. GmbH & Co. KG will delete your application data no later than six months after the date on which we informed you that your application will not be considered.

 

This will not apply if, at our request, you have expressly consented to a longer retention period because we wish to include you in a talent pool. In such cases, deletion will take place after the period specified in your consent has expired or upon your withdrawal of consent.

 

Deletion is subject to any right of retention under Art. 17 (3) GDPR or other applicable provisions of the German Federal Data Protection Act (BDSG). If the decision is in your favour, your application will be added to the personnel file created upon commencement of employment and will be treated as part of that file under data protection law.

 

Your rights:

If you have given your consent to specific processing activities, you may withdraw that consent at any time with effect for the future. Such withdrawal will not affect the lawfulness of the processing carried out prior to withdrawal. In accordance with applicable data protection laws, you have the following rights:

 

  • Right of access (Art. 15 GDPR): You have the right to access the stored personal data concerning you.
  • Right to rectification (Art. 16 GDPR): If you discover that inaccurate data concerning you is being processed, you may obtain rectification. Incomplete data must be completed, with due regard being given to the purpose of the processing.
  • Right to erasure (Art. 17 GDPR): You have the right to obtain the erasure of your data if specific grounds for erasure apply. This is particularly the case when this data is no longer necessary for the purpose for which it was originally collected or processed.
  • Right to restriction of processing (Article 18 GDPR): You have the right to obtain restriction of the processing of your data. This means that your data will not be deleted but will be marked to restrict further processing or use.
  • Right to data portability (Art. 20 GDPR): You have the right to receive in a structured, commonly used, and machine-readable format the personal data you provided to A. Moras & Comp. GmbH & Co. KG. You also have the right to transfer this data to another controller without hindrance from A. Moras & Comp. GmbH & Co. KG.
  • Right to object (Article 21 GDPR): You have the right to object to unreasonable data processing.
  • You have the right, on grounds relating to your particular situation, to object at any time to the processing of your personal data where such processing is based on Article 6 (1) (e) or (f) GDPR.

 

Since A. Moras & Comp. GmbH & Co. KG processes and uses your personal data primarily for the purposes of the contractual relationship with you, A. Moras & Comp. GmbH & Co. KG generally has a legitimate interest in processing your data. Please note that, where compelling legitimate grounds exist, we may continue to process your personal data even if you have objected to the processing. To exercise your rights, you may contact us at any time using the contact details provided under the section ‘Questions’ (see below).

 

Complaints to the supervisory authority regarding data protection violations:

In accordance with Art. 77 GDPR, you have the right to lodge a complaint with the competent supervisory authority – the State Commissioner for Data Protection and Freedom of Information of North Rhine-Westphalia (LDI NRW), Kavalleriestraße 2-4, 40213 Düsseldorf – if you are of the opinion that the processing of your personal data violates data protection regulations. Complaints may be submitted without any formal requirements.

 

Automated decision-making / profiling:

A. Moras & Comp. GmbH & Co. KG does not carry out automated decision-making.

 

Questions:

You may contact the Data Protection Officer of A. Moras & Comp. GmbH & Co. KG, Mr. Bernd Fuhlert of TRIARI.US GmbH, Müller-Breslau Straße 28, 45130 Essen, by email at schaebens@datenschutz.de.

 

Last updated: September 2025