Data protection

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Applicant data

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Information on the processing of personal data

Applicant data

1. Responsibilities

1.1 Person responsible

The person responsible for processing your personal data is:

Cheplapharm Switzerland LLC
Huebweg 18-20
4102 Binningen
Switzerland

1.2 Responsibilities

Human Resources

1.3 Contact details of the data protection advisor

André Weinert 
Wirtschaftskontor Weinert 
WKW Beratungsgesellschaft mbH
Beim Wendentor 1
18055 Rostock
Germany
Tel: +49 0381-8170820
E-Mail: datenschutz@cheplapharm.com

2. Information on the processing of personal data

2.1 Purpose of data processing

We process your personal data, to the extent necessary, for the following purpose(s):

  • We process your personal data in accordance with the requirements of the Swiss Data Protection Act of 25 September 2020 (DPA). In the course of the application process, we process your personal data to identify suitable applicants by collecting, evaluating and storing applicant data for the duration of the application process for potential employment, which has been submitted by you for this purpose. This includes, among other things, your contact details, data on your professional career and attachments from the application (certificates, assessments, etc.). We only use other data that is processed, stored or transmitted within the company with prior consent (e.g. applicant pool). The storage and use of data is based on consent for processing by the applicant, as well as corresponding contractual obligations.
     

2.2 Storage period

The storage period contains information on how long we will store your personal data or when it will be deleted.

  • In principle, we process and store your data for the duration of your application. This also includes the initiation of a contract (pre-contractual legal relationship). In addition, we are subject to various storage and documentation obligations, which result from the Swiss Code of Obligations (OR), among other things. The periods specified there for storage and documentation are up to ten years beyond the end of the contractual relationship. Your application documents will be destroyed in accordance with data protection regulations if you are not hired, at the latest six months after notification of the rejection decision. Electronic data will be deleted accordingly no later than six months after notification of the rejection decision. If, with your consent, we wish to store your data for longer for subsequent vacancies, the data will be deleted at later dates, but after two years at the latest. If the data is no longer required for the fulfilment of contractual or legal obligations and rights, it will be regularly deleted, unless its - temporary - further processing is necessary for the fulfilment of the listed purposes due to an overriding legitimate interest (e.g. an ongoing limitation period).  In principle, a restriction of processing takes the place of deletion in these cases. In other words, the data is blocked against the otherwise usual use by appropriate measures.
     

2.3 Requirement and consequences of not providing data

The provision of personal data by data subjects may be required by law or contract or may be necessary for the conclusion of a contract. There may also be an obligation to provide the personal data.

  • The provision of the data is necessary for the intended conclusion of the contract.

If the personal data is not provided, this failure to provide it could result in the following consequences:

  • Your application cannot be assessed, with the result that you will not be considered further for appropriate employment.

2.4 Automated decision making

As a responsible company, we do not use automated individual decision-making when collecting your personal data.

2.5 Data recipients

2.5.1 Disclosure of personal data outside the company / authority

The term "disclosure" is defined in Art. 5 lit. e FADP as "the transmission or making available of personal data".

  • Internally, those offices or organisational units receive your data that need it to fulfil our contractual and legal obligations (such as managers and technical officers who are looking for a new employee or are involved in the decision on filling a position) or in the context of processing and implementing our legitimate interest. Otherwise, your personal data will only be disclosed to third parties if this is necessary for the performance of the contract with you, the disclosure is permissible on the basis of a balancing of interests, we are legally obliged to disclose the data or you have given your consent in this respect.
     

2.5.2 Intention to transfer data abroad or to international organisations

The transfer of personal data to international organisations or to controllers, processors or other recipients in countries without an adequate level of data protection involves particular data protection risks from the perspective of the data subject.

  • We do not intend to transfer your personal data to countries or international organisations without an adequate level of data protection.

2.5.3 Adequacy decision of the Federal Council

Personal data may be disclosed abroad if the Swiss Federal Council has determined that the legislation of the country concerned or the international body ensures an adequate level of protection.

  • We will only transfer your personal data to countries or international organisations with an adequate level of data protection, in particular Germany.

3 Rights of the data subject

3.1 Right to information

Every person can request information from the person responsible as to whether personal data about him or her is being processed; if this is the case, he or she has the right to information about this personal data.

  • You have the right to information about the personal data we process about you. In the case of a request for information that is not made in writing, we ask for your understanding that we may then require proof from you that you are the person you claim to be.

3.2 Right to rectification

The data subject may request that inaccurate personal data be corrected.

  • You have a right to rectification, i.e. you can demand that we correct your inaccurate personal data without delay. Taking into account the purposes of the processing, you have the right to request that incomplete personal data be completed - also by means of a supplementary declaration.

3.3 Right to deletion

The data subject has the right to request the controller to delete personal data concerned without delay, and the controller is obliged to delete personal data without delay.

  • You have the right to request that we delete your data without delay. We are obliged to delete personal data without delay if one of the following reasons applies:
    • The purposes for which the personal data was collected no longer apply.
    • You withdraw your consent to the processing. There is no other legal basis for processing.
    • You object to the processing. There is no other legal basis for the processing.
    • The personal data was processed unlawfully.
    • The deletion of the personal data is necessary to comply with a legal obligation under the applicable law to which the data controller is subject.
    • The personal data have been collected in relation to information society services offered.

3.4 Right to object to processing

The data subject has the right to object at any time to the processing of personal data concerning him or her.

  • In particular, you have the right to object to the processing of your data in connection with direct marketing if this is carried out on the basis of a balance of interests. To do so, please contact the person responsible for the processing.

3.5 Right to data portability

Any person may request from the data controller the release of his or her personal data disclosed to him or her in a commonly used electronic format, the data controller processes the data automatically and the data is processed with the consent of the data subject in direct connection with the conclusion or performance of a contract between the data controller and the data subject. The data subject may also, under the same conditions, request the controller to transfer his/her personal data to another controller if this does not require a disproportionate effort.

  • You have the right to receive the data you have provided in a structured, common and machine-readable format from the controller and to have it transferred to another controller.

3.6 Right to report to a supervisory authority

The data subject has the right to lodge a complaint with the Federal Data Protection and Information Commissioner (FDPIC) if the person believes that the processing of your personal data violates data protection regulations, in particular the FADP. Contact details of the FDPIC:

Federal Data Protection and Information Commissioner
Feldeggweg 1
3003 Bern

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