English

Data Privacy China

Privacy Notice for Job Applicant

(PRC Specific)

1. Introduction

This Privacy Notice for Job Applicant (“ Notice”) describes how the Freudenberg Group, particularly the Freudenberg PRC subsidiary to which you are making a job application for a position (“ Freudenberg”, “ we”, “ us”, “ our”), process and protect the Personal Information of our job applicants (“ you”, “ your”) within the People’s Republic of China (“ PRC” or “ China”, for the purpose of this Notice, excluding Hong Kong, Macau and Taiwan).

We are committed to maintaining the accuracy, confidentiality, availability and security of your Personal Information that we collect and process for the purposes of hiring and HR management. In this Notice, we will provide you with the legally required information on the Processing of your Personal Information and your rights based on the applicable data protection laws and regulations - in particular the PRC Personal Information Protection Law effective as of 1 November 2021 (“ PIPL”).

Under this Notice, the following terms shall have the meaning as defined below:

  1. “Personal Information” refers to all kinds of information recorded electronically or otherwise that relates to an identified or identifiable natural person, excluding anonymized information. Typical examples of Personal Information include (but are not limited to) natural person’s name, date of birth, ID number, biometric information, residence and telephone number, email, health information, tracking information;
  2. “Sensitive Personal Information” refers to Personal Information that, if leaked or illegally used, could easily result in infringement of a natural person’s dignity or endangering of personal/proprietary security, which includes (but is not limited to) biometric information, religious belief, special identity, medical and health information, financial account, tracking and whereabouts,information of minors below the age of 14. Processing of Sensitive Personal Information is only allowed for specific purposes with sufficient necessity and shall be subject to strict security measures; and
  3. “Processing” refers to actions such as collection, storing, use, processing, transmission, provision, disclosure and deletion.

2. Types of Personal Information We Collect and Process

The types of Personal Information we collect about you may vary, depending on what is permissible under applicable laws and regulations as well as the job position you apply for, including:

  1. name;
  2. gender;
  3. date of birth;
  4. nationality;
  5. race/ethnicity;
  6. ID No./passport information;
  7. religious denomination;
  8. family status including marital status;
  9. contact details, including residence/mail address, phone number, e-mail address, etc.;
  10. health information, including medical condition and records, disability status, etc.;
  11. information about your education, including school name, duration, degree, major, language skills, etc.;
  12. information about your working experience and professional skills, including CV, previous employment (e.g. company name, duration, position, leave reason, reference contacts), training record, professional certification, etc.;
  13. information relating to criminal records;
  14. other information that you provide to us in the course of your job application.

We usually receive the aforementioned Personal Information directly from you. Subject to and to the extent permitted or required by applicable laws or regulations, we may also collect your Personal Information from third parties (usually on your initiative, after informing you in advance, or with your consent or approval where applicable), such as information that we receive from your previous employers, training organizations or so-called reference contacts.

If you provide the Personal Information of another person (such as a family member or work reference), you should show them a copy of this Notice and get their prior consent to share the information with us.

The provision of the aforementioned Personal Information is necessary for conducting the application process and the possible resulting conclusion of an employment contract between you and us. Without the provision of such Personal Information, we may not be able to conduct the application process with you and, therefore, cannot conclude an employment contract with you. Should this not be the case with regard to some of the Personal Information, we will expressly point this out to you when collecting the respective Personal Information.

3. How We Use Your Personal Information

We collect and process your Personal Information, subject to applicable laws and regulations, for the purposes set out below:

  1. Evaluating and hiring applicants: to screen, interview, review, assess, and recruit job applicants, including:
  • identifying candidates, including by working with external recruiters;
  • scheduling and conducting interviews;
  • reviewing, assessing and verifying information provided;
  • conducting criminal and background checks, and evaluating your qualifications, suitability and relevant characteristics;
  • preparing job offers, negotiating the terms of offers, and assessing salary and compensation matters;
  • communicating with you regarding your job application and about other similar position(s) which you may be interested in;
  • maintaining your personal information for future consideration;
  • supporting our equal opportunity employment policy and practices; and
  • satisfying legal and regulatory obligations.

2. Applicant Pool: if you have given your consent, your Personal Information will be added to our Applicant Pool and will be used for the purpose of considering whether your profile is suitable for other job opportunities within the Freudenberg Group or where appropriate for notifying you about new job opportunities you may be interested in. If you refuse to allow us to add your Personal Information to our Applicant Pool, please contact your recruiting HR or our person in charge of data compliance as set out in Section 11 below to delete your Personal Information.

3. Security and monitoring: to monitor and secure our resources, network, premises and assets, including:

  • securing our offices, premises and physical assets, including through the use of electronic access systems and video monitoring; and
  • conducting appropriate screenings of individuals prior to entering or accessing certain locations or premises.

4. How We Share, Transfer or Disclose Your Personal Information

Your Personal Information will generally be processed within the Freudenberg Group. In addition to the Freudenberg PRC subsidiary to which you are making a job application for a position, your Personal Information may also be processed by other Freudenberg affiliates where necessary, such as Freudenberg & Co. Kommanditgesellschaft which is responsible for central applicant management for all companies of the Freudenberg Group.

Furthermore, to the extent permitted by applicable laws and regulations, we may also share, transfer or disclose your Personal Information to third parties outside the Freudenberg Group under the following circumstances:

  1. to the service providers commissioned by us or our affiliates in connection with the application process, who provide services to us or our affiliates on a separate contractual basis, which may also include the Processing of Personal Information, as well as the subcontractors of our service providers engaged with our consent;
  2. to non-public and public bodies, to the extent we are obliged to transfer your Personal Information due to legal obligations;
  3. during emergency situations, or where necessary to protect personal safety;
  4. where you authorize us to do so; and
  5. as permitted or required by applicable laws.

Third parties will process and protect your Personal Information in accordance with their respective personal information protection policies, unless they process Personal Information on our behalf. We will endeavor to require third parties to take necessary steps to protect your Personal Information. It is also recommended that you read the relevant third parties’ personal information protection policies to understand third parties’ Processing of your Personal Information and your rights as a personal information subject.

5. Do We Transfer Your Personal Information Outside the PRC

Due to the global structure of the Freudenberg Group and the use of offshore HR management solution (e.g. Workday), it may be necessary to transfer and store your Personal Information outside the PRC. In such case, we will obtain your separate consent and fulfil the statutory obligations as provided for under applicable laws and regulations. If you wish to know more details about our cross-border transfer of your Personal Information, please contact us as set out in Section 11 below.

6. How We Protect Your Personal Information

We strive to maintain reasonable physical, technical, organizational and procedural safeguards (e.g. access control and encryption when necessary) that are appropriate to the sensitivity of your Personal Information. For example, it is our policy to permit access to our job applicants’ Personal Information for only limited employees on a need-to-know basis, to the extent necessary for the purposes described in this Notice. These safeguards are designed to protect Personal Information from loss, unauthorized access, collection, copying, use, modification, disposal, disclosure, or similar risks.

Nevertheless, the above security measures cannot prevent all loss, misuse or alteration of Personal Information and we are not responsible for any damages or liabilities relating to any such incidents to the fullest extent permitted by applicable laws or regulations. Where required under applicable laws or regulations, we will notify you of any such loss, misuse or alteration of Personal Information that may affect you, so that you can take the appropriate actions for the due protection of your rights.

7. How Long Your Personal Information Is Retained

Except as otherwise permitted or required by applicable laws or regulations, we retain your Personal Information only for a minimum period as necessary to fulfill the purposes for which it was collected (e.g. until the end of the application process).

Please note that we may continue to retain your Personal Information for a longer duration if

  1. you are hired by us;
  2. you have consented to our longer retention of your Personal Information e.g. in our Applicant Pool for purposes of identifying additional positions for which you may be qualified or you are interested; or
  3. you have provided information in other applications that have been submitted or are in progress subject to a longer retention period as disclosed thereunder.

8. What Are Your Rights

  1. Subject to the conditions set forth in the applicable laws and regulations, you have the right to access, duplicate, correct or delete your Personal Information, and request explanations about our Processing of your Personal Information.
  2. You have the right to update your Personal Information. It is important for your Personal Information to be accurate and current. While we take reasonable steps to keep your Personal Information up to date, it is your responsibility to inform us about changes in Personal Information during the course of your application.
  3. If we process your Personal Information based on your consent, you have the right to change the scope of the consent you grant to us or withdraw the consent. According to applicable laws and regulations, we shall provide convenient means for you to change or withdraw your given consent, which shall however not jeopardize occurred Processing prior to your change or withdrawal of consent. When you withdraw your consent, we will delete your Personal Information unless the statutorily required retention period has not yet expired or such deletion is technically difficult to execute (in which cases we will stop Processing besides storing your Personal Information and taking necessary measures to secure your Personal Information). Please note that withdrawal of your given consent (including refusal to grant consent to the updated version of this Notice in the future) may potentially jeopardize your job application and possibly the establishment of the employment contract between you and us.

You may exercise your rights above by contacting your recruiting HR or our person in charge of data compliance as set out in Section 11 below. When exercising such rights, please note that we may request specific information from you to confirm your identity, as well as to search for and provide you with the Personal Information you request. There are instances where applicable laws or regulations allow or require us to refuse to provide some or all of your Personal Information. If we cannot provide you with access to your Personal Information, we will strive to inform you of the reasons, subject to any legal restrictions.

9. Do We Use Automated Decision-making

During the job application process, we usually do not use automated decision-making (including profiling) within the meaning of Article 73 PIPL. Should we use such procedures in the individual case, we will inform you specifically to the extent provided for by laws and regulations.

10. Changes to This Notice

We may make changes to this Notice from time to time in accordance with applicable laws or regulations. Any changes to this Notice will be effective from the time they are notified to you via e.g. email, except as otherwise required by applicable laws or regulations. Where required by applicable laws or regulations, we will obtain your consent to such changes.

11. Contact Us

You shall read and review this Notice carefully. Please contact info@freudenberg.com if you:

  1. have any questions about this Notice;
  2. have inquiries, complaints or concerns about how we process your Personal Information;
  3. want to change or withdraw any consent you have given;
  4. want to access, verify, update, correct or delete any of your Personal Information; or
  5. want to exercise any of the rights you may have as set out in this Notice or provided for by applicable laws or regulations.

If you believe this Notice has been violated, you should discuss the situation with your recruiting HR, or submit a report via email to info@freudenberg.com.