Information about data processing

V2 (022024)

Müller Transporte GmbH uses the onlyfy one service (by XING) to process job applications. This Privacy Policy will inform you about the processing of your data by the onlyfy one service and by Müller Transporte GmbH.

Shared responsibility

With regard to interaction within the company account of Müller Transporte GmbH, Müller Transporte GmbH and New Work SE have shared responsibility pursuant to Article 26 GDPR, as they jointly determine the purposes and means of processing pursuant to Article 4 (7) GDPR. The current version of the agreement on shared responsibility pursuant to Article 26 GDPR, which New Work SE concludes with companies that use onlyfy one, can be viewed here https://www.xing.com/terms/onlyfy-one to gain information on the key aspects of the agreement.

Data processing by New Work SE

onlyfy one is part of the extensive XING service operated by New Work SE, which pursues the aim of improving and simplifying users’ working lives with a variety of applications (onlyfy one, as well as the XING social and jobs network, kununu, etc.), and creates a more fulfilling working world of work for individuals while boosting the performance of companies. As part of the extensive XING service, onlyfy one is an online platform on which or through which talent and companies meet.

With regard to data processing for which New Work SE is solely responsible or is responsible within the scope of the shared responsibility with Müller Transporte GmbH, detailed information is available in the XING Privacy Policy at https://privacy.xing.com/en/privacy-policy. You will also find contact details for New Work SE, as well as for the New Work SE data protection officer there.

Job applications with onlyfy one

When submitting an application, you enter into a user relationship with New Work SE for the purpose of processing applications. In addition, you will receive support and New Work SE can present you with other opportunities in support of your career. A public profile will not be automatically created for you on the XING social and jobs network. The legal basis for New Work SE processing your data is, in particular, Article 6 (1)(b) GDPR (processing necessary for the performance of a contract).

Pausing your online application

You can pause the creation of your online application at any time and continue at a later point. Cookies are used for this purpose. The data you provide to create the user account, as well as any uploaded documents, are recorded in the company account of Müller Transporte GmbH in onlyfy one. The data remains recorded even if an application is paused and/or not completed. In this case, your application is flagged as incomplete and the data remains visible to Müller Transporte GmbH only.

Visibility of your data

The data you have provided as part of the online application can be read, edited, or updated in your candidate profile at any time.

Notes on the special functions of onlyfy one

Calendar function

If the calendar function is used, your data is processed during and for the purpose of setting appointments within the application process. The legal basis is Article 6 (1)(f) GDPR. The calendar function is provided by an IT service provider (Cronofy Ltd., United Kingdom). The United Kingdom is classified as a secure third country based on the adequacy decision of the European Commission. Further information on data protection at Cronofy is available here: https://www.cronofy.com/gdpr/ and https://docs.cronofy.com/policies/privacy-notice/

WhatsApp application

If you use the apply using WhatsApp function, your consent, which can be withdrawn at any time, forms the legal basis for communication (Article 6 (1)(a) GDPR). When applying via WhatsApp, all required applicant information is requested during a WhatsApp chat. The data is then sent directly to onlyfy one through a service provider, and is processed further there as part of and for the purpose of the normal application process.

The apply via WhatsApp function is provided by an IT service provider (PitchYou) that can gain access to your data for this purpose. More information is available here: https://www.pitchyou.de/en/pitchyou-gdpr. Candidate data from apply via WhatsApp are transferred to onlyfy one via an interface. Immediately after this transfer, candidate data are deleted from the apply via WhatsApp infrastructure in PitchYou. Further processing then takes place exclusively in onlyfy one.

Please note that you use your personal WhatsApp account for applications, and therefore we cannot rule out that messages will be transferred, to the USA in particular. WhatsApp data protection information, such as its processing or exercising of data protection rights with regard to WhatsApp is available here: https://www.whatsapp.com/legal/privacy-policy-eea.

Subject to your consent, your application will be sent from WhatsApp via the PitchYou infrastructure to onlyfy one. You have the right to withdraw your consent to this at any time. Either way, your application data will be deleted from the PitchYou infrastructure once transferred to onlyfy one, meaning that PitchYou will not process your data any further.

Applicability of the Swiss Federal Data Protection Act (FADP)

The FADP applies to circumstances which have an impact on Switzerland, even if said circumstances are initiated outside of Switzerland. Correspondingly, this privacy policy applies to information in line with the EU GDPR and the FADP. Here, EU GDPR terminology is used in favour of FADP terminology. However, FADP terminology is used if the FADP applies and the terminology differs from EU GDPR terminology in a given language. The About this site section on XING contains the name and address of our representative in Switzerland.

This privacy policy serves to describe our principles and standards with regard to data protection in the Müller Group.


As part of your employment relationship, the data provided by you (e.g. CV, emergency contacts) as well as data arising from the employment relationship (e.g. salary data, sick leave, care leave, parental leave) will be processed.


We process your personal data in compliance with the provisions of the EU General Data Protection Regulation (GDPR), the Austrian Data Protection Act (DSG) and all other relevant laws (e.g. ArbVG, AZG, etc.).


General data processing in the context of the employment relationship

Data is processed and transmitted for the purposes of payroll accounting, salary accounting, remuneration accounting and compliance with recording, information and reporting obligations, insofar as this is necessary on the basis of laws or standards of collective legal organization or employment contract obligations, including automatically created and archived text documents (such as correspondence) in these matters. Without this data, we cannot conclude or execute the contract with you.[1] This applies mutatis mutandis to all voluntary social benefits provided by the employer and to external education and training programs. 

Your data will either be provided to us directly by you or we will collect your data as part of the employment relationship.

The relevant data in each individual case is transmitted to the following bodies on the basis of the statutory provisions or contractual agreement:

• Payroll accounting (external)
• Social insurance providers (including company health insurance funds);
• Federal Office for Social Affairs and Disability (Social Ministry Service) e.g. in accordance with § 16 BEinstG;
• Tax office;
• Company pension funds (BV-Kassen) pursuant to § 11 para. 2 no. 5 and § 13 BMSVG;
• Labor market service;
• Labor inspectorate, traffic labor inspectorate and agricultural and forestry inspectorate, in particular pursuant to § 8 of the Labor Inspection Act;
• Municipal authorities and district administrative authorities in administrative police matters (trade authority, responsibilities under the ASchG, etc.);
• statutory interest groups;
• company doctors;
• Customers and interested parties of the client;
• Education and training providers;
• Federal Institute for Statistics Austria in accordance with § 9 of the Federal Statistics Act
• Legal representatives;
• Courts;
• creditors of the data subject and other parties involved in any associated legal proceedings, including in the case of voluntary salary assignments for claims due;
• banks involved in the payment to the person concerned or to third parties;
• trade union specified by the employee, with the consent of the person concerned;
• Co-insured persons;
• Insurance companies as part of an existing group or individual insurance policy
• IT service provider

Data processing for system administration and security purposes

Due to the applicable statutory data security regulations, a range of your data is processed for the administration and security of the system, such as for the administration of user IDs, the allocation of hardware and software to system users and for the security of the system. This includes automatically created and archived text documents (such as correspondence) in these matters. Without this data processing, secure operation of the system and therefore employment in our company is not possible.

 

Publication of professional contact data "Internally" 

Professional contact details are published "internally" to enable colleagues to contact us. This is done out of our legitimate interest in a smooth business process. If you do not want this for reasons worthy of consideration, you can object to the publication.


Publication of professional contact details on the company website

Professional contact details of employees with external contact are published on the Internet to enable customers and suppliers to contact us. This is done out of our legitimate interest in the smooth running of our business. If you do not want this for reasons worthy of consideration, you can object to the publication.


Data processing in the event of labor disputes

If a legal dispute arises during a valid employment relationship or after termination, the data required for the appropriate legal prosecution will be transmitted to legal representatives and courts/authorities.


Processing of voluntary data - consent 

Your trade union membership is provided voluntarily and on the basis of your consent if you have your trade union dues paid by your employer.

Emergency contacts are provided voluntarily and on the basis of your consent.

The publication of your photo "internally"/on the company website is voluntary and based on your consent.

All consents can be revoked independently of each other at any time. If you withdraw your consent, we will no longer process your data for the above-mentioned purposes from this point onwards and you will therefore no longer be able to make use of the corresponding rights, benefits, etc. To revoke your consent, please contact the HR department.

A range of data is passed on to a processor for the provision of [e.g. help desk services, cloud services, recruiting platform].


Data processing outside the EU/EEA

Your data will also be processed, at least in part, outside the EU/EEA, namely in [Switzerland, United Kingdom]. The appropriate level of protection results from:

an adequacy decision of the European Commission pursuant to Art 45 GDPR.
Standard data protection clauses pursuant to Art 46 para 2 lit c and d GDPR.


Storage period

We store your data within the scope of the statutory retention obligations, namely with regard to

• contract processing for the duration of the employment relationship, thereafter seven years (with and without historization).
• Claims for compensation due to discriminatory rejection of an application in accordance with §§ 15 para. 1 and 29 para. 1 GlbG and § 7k para. 1 in conjunction with para. 2 no. 1 BEinstG: 6 months from the day on which the rejection was received or 7 months from receipt of the application. Longer with the consent of the applicant ("keeping on record").
• Liability to pay income tax and duties in accordance with § 132 para. 1 BAO: 7 years from the end of the calendar year relevant to the data.
• Records and reports on accidents at work in accordance with § 16 ASchG: at least 5 years from the date of the accident at work.
• the right to the issue of a certificate of employment in accordance with § 1478 ABGB: 30 years from the end of the employment relationship.

Your rights 

You can request information about the personal data stored about you at the above address (Art. 15 GDPR). In addition, under certain conditions, you can request the rectification (Art. 16 GDPR) or erasure (Art. 17 GDPR) of your data. You may also have the right to restrict the processing of your data (Art. 18 GDPR) and the right to receive the data you have provided in a structured, commonly used and machine-readable format (Art. 20 GDPR). 

If there are any changes to your personal data, please inform us accordingly.

If we process your data to protect legitimate interests, you can object to this processing on grounds relating to your particular situation. We will then no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing serves the establishment, exercise or defense of legal claims (Art. 21 GDPR).

If we process your data on the basis of your express consent, you can revoke this consent at any time (please send an email to datenschutz@muellertransporte.at). Revocation does not affect the legality of data processing up to the time of revocation (Art 7 GDPR). From this point on, we may no longer process your data for the above-mentioned purposes.


Where you can turn to

You have the option of contacting the Data Protection Officer (e-mail: datenschutz@muellertransporte.at) or the Austrian Data Protection Authority (Wickenburggasse 8, 1080 Vienna; phone: +43/1/521520; e-mail: dsb@dsb.gv.at) with a complaint. You also have the right to appeal to the ordinary courts in the event of data protection violations.


You can reach us at the following contact details

Müller Transporte GmbH
Palmersstrasse 10
A-2351 Wiener Neudorf
datenschutz@muellertransporte.at

 
1 Note: This only concerns data that is actually absolutely necessary for the conclusion and/or execution of the contract.