Datenschutzerklärung

Data privacy statement
The data protection policy of ASMPT
The protection of personal data is a very important concern of ASMPT GmbH & Co. KG (hereinafter also referred to as “ASM SMT”, "we" or "us"). We therefore conduct our activities in accordance with the applicable legal provisions for the protection of personal data and data security. The following information will explain what information we collect, how we handle it and who we make it available to. In the following we wish to inform you about the processing of your personal data in accordance with the requirements of the EU General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 - hereinafter referred to as "GDPR").

As a rule, you can visit the pages of ASMPT without us needing any personal data from you beyond that which is automatically transmitted as part of the technical framework required to call up the web pages.


Section 1 Information about the processing of personal data and the controller
1)
In the following we provide information about the processing of personal data when you use our Web site www.asm-smt.com (hereinafter referred to as "Web site"). Personal data is all data that is personally identifiable to you, e.g. name, address, email addresses, user behavior.


2)
The "controller" pursuant to Article 4, Paragraph 7 of the EU General Data Protection Regulation (GDPR) and the "telemedia service provider" pursuant to Section 2, No.1 of the German Telemedia Act (TMG) is


ASMPT GmbH & Co. KG
Rupert-Mayer-Straße 48
81379 Munich, Germany
Phone number: +49 89 20800-27819
Fax: +49 89 20800-36692
Email: web.siplace@asmpt.com
Internet: www.asm-smt.com


ASMPT GmbH & Co. KG is represented by ASMPT Management GmbH. This company is in turn represented by its managing directors Günter Schindler and Mike Möhlheinrich.
You can contact our data protection officer at datenschutz@asmpt.com or using our regular mail address for the attention of "Datenschutzbeauftragter".


Section 2 For which purpose and on which legal basis do we process personal related

We process personally identifiable information about you for the purpose of your job application for employment, to the extent necessary for the decision to establish employment with us. The legal basis is Art. 88 GDPR in conjunction with Section 26 (1) sent. 1 BDSG (German Federal Data Protection Act).


Furthermore, we may process personal data about you, as far as this is required to defend against asserted legal claims from the application process against us or if it is required to improve our application process. The legal basis is Art. 6 para. 1, letter f GDPR; the legitimate interest lies, for example, in securing evidence in the case of a burden of proof in a procedure under the General Equal Treatment Act (AGG) or using your e-mail address to send you an invitation to a voluntary survey of your experience with ASM as an employer brand and in the application process.


If there is an employment relationship between you and us, in accordance with Art. 88 GDPR in conjunction with § 26 Abs. 1 BDSG further process the personal data already obtained by you for employment purposes if this is necessary for the establishment, implementation or termination of the employment relationship or for the exercise or fulfillment of a law or collective agreement, employment or service agreement (Collective Agreement) and the rights and obligations of representing the interests of the employees.


In order to enable your data to be taken into account outside a current job advertisement or your specific application, we also offer you to consider your application for other vacancies in the SMT Solution segment. In this way, we would like to fill vacancies in the SMT Solution segment as efficiently and promptly as possible and offer you the opportunity that your application can be considered as optimally as possible. The legal basis for such disclosure is your consent in accordance with Art. 6 para. 1 sentence 1 letter a GDPR, which you declare by clicking on the corresponding checkbox in the context of the applicant pages. You can revoke your consent at any time with effect for the future, as described under § 4. Unless you consent to a transfer, you will not incur any disadvantages. However, your application will not be considered for other positions in the SMT Solution segment in this case.


In addition, use your e-mail address to improve our application process and to analyze the employer brand. In these cases, after completing your application process, you will receive an invitation to participate voluntarily in a survey at your email address. The legal basis for participation in the survey is therefore your consent under Art. 6 (1) (a) GDPR. The evaluation of your answers is anonymous. It is therefore not possible for us to draw conclusions from the answers to a specific person.


Section 3 Which categories of personal data do we process
We process data related to your application. This may include general personal information (such as name, address and contact details), details of your qualifications and education, or CVET information, or other information that you provide to us in connection with your application.


Incidentally, we can process your publicly available job-related information, such as a profile in professional social media networks.


Section 4 Your rights

You have the following rights which are enforceable against us with regard to personal data relating to you:


Right to information and a copy of the stored personal data relating to you (Article 15 GDPR),
Right to rectification of incorrect personal data (Article 16 GDPR),
Right to erasure and right to be forgotten (Article 17 GDPR)
Right to restriction of processing (Article 18 GDPR)
Right to data portability (Article 20 GDPR)


Furthermore, you have the right to withdraw your consent in respect of data protection at any time (Article 7, Paragraph 3 GDPR) without incurring any costs other than transmission costs at basic tariff. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Withdrawal of consent can be declared to our data protection officer.


Insofar as we base processing of your personal data on the weighing up of interests, you may object against processing (Article 21 GDPR). This is the case if processing is not necessary, in particular to fulfill a contract with you, which process we present in the following description of the functions. If you exercise this right to object, we ask you to explain the reasons why we should not process your personal data in the way in which we do. In the event that you object and provide reasons, we will examine the situation and either stop or adjust data processing or explain to you our compelling legitimate grounds, on the basis of which we will continue processing.


You can, of course, object to the processing of your personal data for the purposes of advertising and data analysis at any time without giving reasons and without the necessity for interests to be weighed up. You can inform us of your objection to advertising using the following contact data: contradiction.mydata@asmpt.com.


Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a relevant data protection authority (Article 77 GDPR), in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR. For us, the following supervisory data protection authority has particular responsibility:


Bayerisches Landesamt für Datenschutzaufsicht
Promenade 27
91522 Ansbach
Germany
http://www.lda.bayern.de/


Section 5 Recipients or categories of recipients of personal data

The following list provides you with an overview of the currently known recipients of the obtained personal data:

Public authorities that receive the data on the basis of statutory regulations (e.g. social insurance agencies, tax authorities, supervisory authorities).

Internal instances that participate in the execution of the relevant business process (primarily: human resources, accounts, financial accounting, purchasing, marketing, general administration, sales and IT). This may also comprise employees of the named departments in other companies of the ASM Group provided that the department is a central department that also undertakes tasks for ASMPT.

External contractors (service providers such as letter shops, IT service providers, etc.) who work for us in accordance with instructions and whom we have obligated in accordance with Article 28 GDPR.

Other external bodies, e.g. banks for salary payments, other companies, insofar as the person concerned has given their written consent or transmission is permissible for reasons of overriding legitimate interest.


Section 3 How long do we store your data
We store your personal information as long as this is necessary for the decision on your job application. Insofar as an employment relationship between you and us does not materialize, we may also continue to store data as required to defend against possible legal claims. The application documents will be deleted two months after notification of the rejection decision, unless a longer storage due to litigation is required.


Section 4 No obligation to provide
You are neither contractually nor legally required to provide us with your personal information. The provision of the personal data in the context of an job application with us is necessary for the decision on the establishment of an employment relationship with you. Failure to provide this information may result in us not being able to make a (positive) decision about your attitude.


Section 7 Security

We will implement technical and organizational security measures to protect your personal data against accidental or unlawful deletion, modification or loss, as well as against unauthorized disclosure or unauthorized access.


Section 8 Links to other Web sites

Our Web sites contain links to other Web sites. We are not responsible for the data protection policies or the
content of these other Web sites


Section 9 Transfer of personal data to third countries

Insofar as it is necessary for the fulfillment of the contract, for internal communication or administration within the ASM Group, or due to a service provider being domiciled in a third country - outside the European Union and the European Economic Area - your personal data may also be transferred to third countries if the data protection requirements are met.
If data is transferred to third countries, then this is always preceded by an in-depth examination and assessment by our Data Protection Officer. Furthermore, such transfers may take place only if the body in the third country affords an appropriate level of data protection or there are suitable guarantees that ensure an appropriate level of data protection at the said body (Article 45 ff. GDPR) or if such guarantees are exceptionally not required (Article 49, Paragraph 1, Subparagraph 1 GDPR). Should you wish to receive further information about the guarantees in any individual case, please contact our Data Protection Officer.

Section 10 Sources of personal data that we do not collect directly from you

Currently, we do not obtain personally identifiable information from other sources (such as address merchants). Your personal data will either be entered directly by you or passed to us when concluding a contract. As part of the processing of personal data, we may also receive the information from the person who sends it to us (e.g., the sender of an e-mail, the sender of a third-party application)
If you transfer personal data of third party to us, you are obliged to comply with all data protection requirements. This includes in particular the obligations under Articles 5 to 9 and 12 ff. DS-GVO. Otherwise, we have no desire to obtain information about this data and, moreover, we take legal action against you.


Section 11 Automated decision-making, including profiling, as described in Article 22 GDPR

Your personal data will not be used for the creation of a profile or for automated decision-making as required by Article 22, Paragraphs 1 and 4 GDPR. However, if in certain defined processing situations, automated decision-making should take place, you will be informed of this separately and we request separate prior consent from you in such cases


Data protection consent

You can revoke this data protection consent declaration at any time via the e-mail address stated under § 12.


I have read the " Job Application via homepage and/or e-mail" data protection information.


I agree that my application will also be passed on to other companies in the SMT Solutions Segment, so that it can also be considered for other suitable jobs and application procedures in the SMT Solutions Segment.
Further details can be found in the privacy policy.




Country specific additions to the processing of personal data:

1.
Different retention periods for positions within other countries:
Twenty-four (24) months: Finland, France, Sweden
Thirty-six (36) months: Austria, Brazil, China, Norway, UK, United States


2.
Specific national laws and/or regulations:


Austria:

Ad Pt 1 II: According to the Austrian data protections law your data is stored in an "Informationsverbundsystem". In case of your agreement to article 1 II the following Austrian subsidiaries will have access to your personal data: --- Ad Pt 1 III: In case of your agreement to a worldwide transmission, your data will be forwarded only to other companies of the SMT Solution Segment or based on legal requirements.


Canada:


By consenting to provide SMT with your personal information, you hereby allow SMT to collect, use or disclose that information by fair or lawful means, and for the purposes stated in this Declaration, or for such purposes that are reasonable. Your consent to provide SMT with your personal information, and SMT' use of that information, is made pursuant to the provisions of the federal Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5 (PIPEDA) and any regulations under PIPEDA, as well as any other applicable federal or provincial statute, regulation or policy.
You have the right to view your personal data upon request, free of charge, subject only to any legal exceptions under PIPEDA or any other applicable statute or regulation.


Korea:

With respect to the processing of your personal information, you are aware that:
a)
Your personal information will not be used beyond the purpose of recruiting process.
b)
You may freely give or withhold the consent;
c)
You may withdraw the consent given at any time with effect for the future by giving written notice thereof by deleting your account or changing relevant data in your account.
d)
We should not take any disadvantageous treatment on the grounds of your denial or withdrawal of consent, however, such denial or withdrawal might make it impossible or inadmissible for us to provide certain services or to grant certain benefits, as the case may be; and
e)
notwithstanding your withdrawal of consent the processing of your personal information may still be admissible to the extent this is required or allowed by applicable legal provisions.


The items of personal information to be collected by us and the purposes of the collection and use of such personal information are as follows:

Name, date of birth, gender, citizenship, home address, phone number, e-mail address, educational background, employment information, language skill, disability, veteran's family, military service, certifications/licenses for the purpose of identification of the candidate or contacting the candidate. By giving your consent to the terms as described in this information about the recruiting process, you also declare that you understand and give your consent voluntarily

i. to the matters set out herein regarding the entrustment of your personal information to third parties; and
ii. that this might include entrustment of personal information to countries that do not offer a level of personal information protection adequate to the level provided for in the Republic of Korea.


For personal information, you can contact Data Protection Officer as following: Data Protection officer: datenschutz@asmpt.com



Office address: ASMPT Singapore Pte Ltd. Korea Branch 201, Korea Design Center 322, Yanghyeon-ro, Bundang-gu, Seongnam-si, Gyeonggi-do 463-954, Korea


Malaysia:

Personal data shall be processed in accordance with the Personal Data Protection Act 2010. Subject to the exceptions and restrictions as may be contained under the applicable law, you have the right to access, correct or limit the processing of your personal data by submitting such request to: datenschutz@asmpt.com
Any inquiries or complaints should also be channeled to us in this manner. In the event that you have to provide us with personal data relating to third parties such as your spouse and children, you confirm that you have obtained their consent or otherwise you are entitled to provide their personal data to us and for us to process accordingly. Please note that it will be necessary for us to process your personal data for the purpose(s) described herein, without which we will not be able to process your job application(s).


Singapore:


[Regulation: Personal Data Protection Act 2012]
For the purpose of assessing and determining my suitability, eligibility and/or qualifications for employment and managing my employment relationship with ASMPT Asia, I agree and consent to the collection, use and disclosure of my personal data by ASMPT Asia or any of its affiliates and any persons or organizations acting on its behalf.


Spain:


Personal data which has been provided by you shall be included in a data file under the responsibility of the affiliated entity of the SMT Solution Segment in the Spanish territory to which you have applied for a position and maintained under its responsibility. Your specifically and unmistakably accept the transfer of your data to the suppliers of this entity in the field of selection and the management of candidates as well as for the maintenance of this tool in accordance with point 3. Data access. You can, at any time, exercise the rights of access, correction, cancellation and opposition regarding your personal data, with a request in writing addressed to datenschutz@asmpt.com