Protection of your data as an applicant
With this privacy policy, we, KWS Benelux B.V., Ettenseweg 4, 4706 PB Roosendaal, The Netherlands, KWS Vegetables B.V., Plus Ultra II, Bronland 10G, 6708 WH Wageningen, The Netherlands, and KWS Vegetables Netherlands B.V., Middenweg, 52, 1619 BN Andijk, the Netherlands,(hereinafter "KWS", "we", or "us"), inform you which data will be processed in connection with your application process and what rights you have in this regard.
1. What personal data do we process in connection with your application process?
In a particular case, we may process the following personal data. Not all of the data below will be processed from all applicants.
- Contact information, including name, personal mailing address, phone number(s), and personal email address
- Nationality, place and date of birth
- Details of your education, qualifications and professional development
- Data relating to upskilling activities and additional qualifications
- Salary expectations, notice periods, certificates, references, recommendations, work permits, disability, and language skills
- Other data, of a personal nature, processed by the candidate (such as, for example, hobbies or other specific characteristics)
2. For what purpose do we process your data?
(a) We process your personal data, which we receive from you, in order to process your application for a specific vacancy or your unsolicited application, to carry out the application process and to decide on entering into an employment relationship.
(b) In certain circumstances, we may also process your personal data on the basis of a declaration of consent given by you. The purposes of the processing are based on the content of that respective declaration of consent. This may apply, for example, in the following cases:
- Your application did not lead to employment with our company. However, your profile may be of interest to future vacancies for a similar position at our company or another KWS company, and we have added you to our candidate pool of the entire group.
(c) In certain circumstances, we may also process your personal data to comply with legal obligations under commercial, tax, financial or criminal law. The purposes of this processing are based on the relevant legal obligation. Processing is generally carried out to comply with official monitoring and disclosure requirements.
(d) Where necessary, we may also process your personal data to protect our legitimate interests. We will only process your personal data if, after weighing our interests in the processing against your potentially conflicting interests and fundamental rights and freedoms, we determine that our interests override. This may apply in the following cases:
- Defence against legal claims brought in connection with the application process. For example, our legitimate interest may consist of bearing the burden of proof in legal proceedings regarding general equal treatment.
3. What is our legal basis for processing your data?
(a) Your personal data, which we process in order to carry out the recruitment process and to decide on the establishment of an employment relationship, is processed on the basis of Article 6(1)(b) of the General Data Protection Regulation (GDPR).
Data concerning you that may constitute special categories of personal data within the meaning of Article 9(1) of the GDPR will only be processed by us in accordance with Article 9(2) of the GDPR, i.e. if the intended processing is legally justified.
(b) In cases where your application has not resulted in employment with our company, but your profile may be of interest to a similar position within our company or another KWS company, and we have added you to our group-wide candidate pool, we will process your personal data on the basis of a declaration of consent given by you. In this context, data is processed on the basis of Article 6(1)(a) of the GDPR.
If we process special categories of personal data on the basis of your consent, this will be done in accordance with Article 9(2) of the GDPR.
You can withdraw your consent at any time. Please note, however, that this revocation only has effect for the future, which means that the lawfulness of the data processing carried out up to the time of the revocation is not affected by the revocation.
(c) If we process your personal data for compliance with legal obligations, the related data will be processed in accordance with Article 6(1)(c) of the GDPR.
If we process special categories of personal data in order to comply with legal obligations, this will be done in accordance with Article 9(2) of the GDPR.
(d) If we process your personal data in order to protect our legitimate interests, the related data will be processed in accordance with Article 6(1)(f) of the GDPR. In this case, our legitimate interests are to pursue the purposes set out in Section 2(d).
4. Is your personal data also collected by third parties?
We mainly process the personal data that we receive directly from you. In certain situations, we also obtain your personal data from third parties. This is done, for example, in the following cases:
- We receive your applicant data from other companies from KWS if your application documents have been added to the candidate pool.
- We receive your applicant information through a recruitment agency.
- We receive your applicant data from a KWS employee as a recommendation.
- We receive your applicant information through a social network or a job portal where you are registered to be part of a candidate pool.
If necessary, we will inform you separately about this.
5. Do we transfer your data to third parties? Who are the recipients, and do they live in third countries?
If you have given your consent, or if there is another legal basis, we will forward your applicant data to other KWS companies.
We work with internal and external service providers (called processors) of the company, such as service providers for IT maintenance services. These service providers may only act in accordance with our instructions, and are contractually obliged to comply with the applicable data protection requirements.
Where legally permissible and necessary for compliance with applicable law, or for the establishment, exercise or defence of a legal claim, we may transfer your personal data to courts, authorities and law firms.
The recipients described in this Section 5 may be located in countries outside the European Economic Area ("third countries") where applicable law does not provide the same level of data protection. In this case, if we transfer your personal data to recipients outside the European Economic Area, we will ensure an adequate level of protection for your personal data, unless this is in accordance with a legal authorisation. Please contact the Data Controller using the contact details below if you would like to receive a copy of the safeguards we use in relation to the export of your personal data.
6. How long do we keep your personal data?
KWS only stores the data of applicants for as long as necessary to achieve the aforementioned purposes (see section 2). Data that is no longer needed or that KWS is no longer allowed to keep will be irretrievably anonymised or deleted. In the event that data is anonymised, KWS may retain the data for a longer period of time because any personal reference has been removed.
If your application is unsuccessful, we will delete your application documents no later than four weeks after completion of the recruitment process, unless you have given us permission to add your details to our candidate pool. In this case, we will delete your data within one year of completion of the recruitment process at the latest.
If an employment relationship is established between you and us, we will not delete the data from your application process, but will instead add the data to your personnel file as necessary, as necessary. We then process the data for the purpose of executing the employment relationship.
7. What rights do you have?
Within the context of the applicable legal provisions, you have certain rights in relation to your personal data. Please note that there are certain exceptions to exercising these rights, and therefore you may not be able to exercise them in all cases.
- Information: You have the right to obtain information about all personal data stored about you by KWS.
- Rectification: You can demand that we change inaccurate personal data.
- Erasure: You can ask us to erase personal data under certain circumstances, and we will take appropriate steps to inform other controllers processing the data that you wish links to your data, copies of your data and duplication of your data to be erased.
- Withdrawal of your consent: You can withdraw your consent to the data processing you have provided to us and prevent further processing if there is no other reason why KWS can or must process your personal data.
- Restriction: In certain cases, you can request that we restrict the processing of your data.
- Portability: If you have provided us with data on the basis of a contract or consent, you can request to receive the data you have provided in a structured, commonly used and machine-readable format, or for us to transmit it to another controller.
Right to object
Right to object on a case-by-case basis
You have the right to object at any time to the processing of your personal data which is based on legitimate interests on grounds relating to your particular situation. These personal data will then no longer be processed for these purposes, unless compelling legitimate grounds for the processing are established which outweigh your interests, rights and freedoms, or the processing is related to the establishment, exercise or defence of legal claims.
To exercise the above rights, please contact us using the contact details provided.
- Submit a complaint: You may lodge a complaint about our processing with a data protection authority.
8. Contact details
The relevant data controller for you is the company named in the job advertisement which has advertised the position.
Below you will find the relevant contact information of the controllers:KWS Benelux B.V.
Ettenseweg 44706 PB Roosendaal
Phone: +31 76 50 30003
E-mail: dataprotection.bnl@kws.com
KWS Vegetables B.V.
Plus Ultra II, Bronland 10G, 6708 WH Wageningen, The Netherlands
Phone: +31 6 28 20 58 32
Email: dataprotection.vegetablesnl@kws.com
KWS Vegetables Netherlands B.V.
Middenweg, 52, 1619 BN Andijk,
the Netherlands
Phone: +31 228 591 462
Email: dataprotection.vegetablesnl@kws.com
Roosendaal, Wageningen and Andijk, October 2024