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Processing of (personal) data by the entity in charge of the online application process

This Privacy Notice (“Notice”) explains how European Semiconductor Manufacturing Company (ESMC) GmbH (“ESMC”, “we”, “us” or “our”) processes your personal data when you apply for a position with us. We are committed to protecting your personal data in accordance with the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and the German Federal Data Protection Act (Bundesdatenschutzgesetz – “BDSG”). Please read this Notice carefully before submitting your application.


Data Controller

Controllers within the meaning of data protection law are:
European Semiconductor Manufacturing Company (ESMC) GmbH 
Address: Rosenstrasse 32, 01067 Dresden, Germany
Email: privacy_esmc@esmc.eu
and
Taiwan Semiconductor Manufacturing Company Limited (“TSMC”)
Address: No. 8, Li-Hsin Rd. 6, Hsinchu Science Park, Hsinchu City 300-096, Taiwan, R.O.C.
Email: g_privacy@tsmc.com
You can also contact our company data protection officer:
For ESMC: privacy_esmc@esmc.eu
For TSMC: g_privacy@tsmc.com


How to Apply

You can apply for positions with ESMC via our career page hosted on the Personio platform (esmc.jobs.personio.com), which is linked from the ESMC website, the TSMC website, the TSMC career portal, and from job platforms such as LinkedIn, Instagram, Indeed, adzuna, BeBee, Careerjet, Indeed + Glassdoor, JobiJoba, Joblift, jobrapido, Jobsora, jobtome, Jooble, Neuvoo/Talent.com, Recruit.net, StudySmarter and Stepstone. When applying via Personio, you create a candidate account in the system.

Applications may also be submitted by email, in which case they are imported into the Personio system for processing.

We may also receive your application data via recruiting platforms (such as LinkedIn or StepStone) based on your user agreement with the respective platform.


Data We Process

Integrated overview of processing activities

The following overview combines the purpose, data processed and legal basis for each processing activity carried out in connection with your application.


Assessment of your application and conduct of the recruiting process

  • Purpose: To assess your suitability for the position, communicate with you during the recruiting process and make a hiring decision.
  • Dataprocessed: Contact data (name, address, email address and telephone number); application documents (curriculum vitae, cover letter, certificates, references and qualifications); salary expectations; information on your right to work in Germany (including residence and work permits, where applicable); internal assessments and evaluations (including interview notes and assessment results); and any other information you voluntarily provide in your application.
  • Legal basis: Art. 6(1)(b) GDPR in conjunction with Sec. 26(1) sentence 1 BDSG.

Evaluation of recruiting channels

  • Purpose: To evaluate the effectiveness of our recruiting channels.
  • Data processed: The recruiting source channel through which you came to us (e.g., LinkedIn, Instagram or StepStone).
  • Legal basis: Art. 6(1)(f) GDPR. Legitimate interest: Assessing the effectiveness of our recruiting channels.

Defense against legal claims, in particular under the German General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz – AGG).
  • Purpose: To defend against potential legal claims arising from the application process, in particular claims under the AGG.
  • Data processed: Application data and correspondence relating to your application.
  • Legal basis: Art. 6(1)(f) GDPR.

Legitimate interest: The defense against legal claims arising from the application process.
  • IT and information security.
  • Purpose: To ensure the security of our IT systems and prevent unauthorized access to application data.
  • Data processed: User account and login data for access to the Personio platform.
  • Legal basis: Art. 6(1)(f) GDPR.

Legitimate interest: Protecting our IT infrastructure and the integrity of application data.
  • Special categories of personal data voluntarily provided by you.
  • Purpose: To take into account, in the application process and in any subsequent employment relationship, information that you volunteer and that constitutes special categories of personal data, in particular to comply with obligations and exercise rights arising from employment and social-security law (for example, obligations relating to severely disabled persons) and to make any necessary arrangements for the recruitment process.
  • Data processed: Special categories of personal data that you voluntarily include in your application, for example information about a severe disability or health data. ESMC does not require you to provide such data.
  • Legal basis: Art. 9(2)(b) GDPR in conjunction with Sec. 26(3) BDSG.

TSMC Talent Network.
  • Purpose: To store your application data for possible consideration for future job opportunities within the TSMC group; to send you job offers tailored to your profile; to invite you to update your profile; to provide further information about career opportunities within the TSMC group; and to share your assessment and interview results with managers or HR members of other TSMC entities to identify suitable positions for you.
  • Data processed: The personal data provided in your application, including assessment and interview results.
  • Legal basis: Art. 6(1)(a) GDPR in conjunction with Sec. 26(2) BDSG, based on your separate, voluntary consent. The consent is requested by TSMC and the TSMC entity offering the position and is obtained through the separate “Consent of Application Data Usage” form. It is entirely voluntary; refusing or withdrawing it has no adverse effect on your current application, which will be assessed in the same manner either way. You may withdraw it at any time by email to tsmchr@tsmc.com, with effect for the future and without affecting the lawfulness of processing carried out before withdrawal.

Provision of data
The provision of your personal data in connection with the application process is voluntary. However, without the data necessary to assess your application (such as your name, contact details, and CV), we cannot consider your application. If an employment contract is signed, certain data may be required by law in connection with the employment relationship; this is addressed in the separate employee privacy notice.

Data Erasure and Retention
If your application is unsuccessful (rejection or withdrawal), your personal data will be automatically anonymized and all uploaded documents (CVs, cover letters, certificates) will be automatically deleted 180 days (approximately six months) after the final conclusion of the application process. If there is no legal retention period, your data will be deleted as soon as storage is no longer necessary or the legitimate interest in storage has expired. In individual cases, certain personal data may be stored for longer. The duration of storage then depends on the statutory retention obligations under the German Commercial Code or the German Fiscal Code (six or ten years) or the duration of legal proceedings and the subsequent limitation period.

Exception – Talent Network: If you have given your explicit consent to be included in the TSMC Talent Network (see the TSMC Talent Network entry in Section 3.1), your personal data in the TSMC Talent Network will be stored for no longer than 24 months after completion of the application process, unless you withdraw your consent earlier, and will be automatically deleted thereafter. This consent is voluntary; refusing or withdrawing it will not adversely affect your current application.

If hired: If you sign an employment contract with us, your data will be transferred to our HR system (Personio Core) for the purpose of implementing the employment relationship, including onboarding and payroll. Employee data is retained for up to 10 years after the end of the calendar year in which the employment relationship ends, subject to statutory retention obligations (in particular under tax and commercial law). You will receive a separate employee privacy notice at the time of hiring.


Recipients of Your Data

We share your personal data only with those who need it for the purposes described in this Notice. This includes the following categories of recipients:

Internal recipients
Within ESMC, your data is accessible only to persons involved in the recruiting process (HR staff, hiring managers, interviewers) on a need-to-know basis, governed by a strict role and permission concept.

HR platform (Personio)
We use the cloud-based HR platform Personio (Personio SE & Co. KG, Munich, Germany) as a processor under a data processing agreement pursuant to Art. 28 GDPR. Personio hosts the career page, manages applications, and stores applicant data on servers operated by Amazon Web Services (AWS) in Frankfurt am Main, Germany (AWS region eu-central-1). Data residency is within the European Union.

Job platforms and recruiting channels
We advertise vacancies on job platforms such as LinkedIn, Instagram, Indeed, adzuna, BeBee, Careerjet, Indeed + Glassdoor, JobiJoba, Joblift, jobrapido, Jobsora, jobtome, Jooble, Neuvoo/Talent.com, Recruit.net, StudySmarter and Stepstone. If you apply via such a platform, the platform operator collects your data and makes it available to us based on your agreement with the platform. The respective platform’s privacy policy applies to its own data processing.

Social media
ESMC maintains a company page on LinkedIn. TSMC maintains pages on Instagram, YouTube, and Facebook. These pages may be used for employer branding and recruiting. If you contact us via these platforms or apply for a position through them, the respective platform’s privacy policy applies to the platform’s own data processing.

TSMC Group entities (Talent Network)
If you consent to the TSMC Talent Network (see the TSMC Talent Network entry in Section 3.1), your data (including assessment and interview results) may be shared with managers or HR members of other TSMC entities for the purpose of matching you with future job opportunities.

Other recipients
We may also share your data with external advisors (e.g., legal counsel) to the extent necessary. Personal data will also be passed on to courts, authorities and other bodies where ESMC is legally obliged to do so.


Cross-Border Data Transfer

The Personio platform stores your data exclusively on servers within the European Union (Frankfurt am Main, Germany). Accordingly, your data is not transferred to a country outside the European Economic Area (“EEA”) as part of the standard application process through Personio.

TSMC Talent Network: If you consent to the TSMC Talent Network, your data may be transferred to TSMC entities in countries outside the EEA (including Taiwan). Any such transfer is subject to appropriate safeguards under Chapter V GDPR, in particular EU standard contractual clauses. We will provide you with these upon request via one of the above mentioned contact options.

Where you apply via a job platform or social media network that may transfer data outside the EEA (e.g., LinkedIn), the respective platform’s privacy policy governs such transfers.


Applicants Under 16

The processing of application data necessary to carry out the application process is based on Art. 6(1)(b) GDPR in conjunction with Sec. 26(1) sentence 1 BDSG and does not require consent. The age-related consent requirements of Art. 8 GDPR therefore do not apply to this processing, and no separate procedure is required for applicants under 16. Action is required only for optional consents, in particular the TSMC Talent Network and any storage of the application beyond the end of the application process. Applicants under 16 are therefore asked to have such consent given or authorized by the holder(s) of parental responsibility. Questions can be directed to privacy_esmc@esmc.eu


Your Data Protection Rights

As a data subject, you have the right to access to your personal data concerning you (Art. 15 GDPR), to rectify inaccurate data (Art. 16 GDPR) and to request erasure if one of the reasons listed in Art. 17 GDPR applies, e.g. if the data is no longer needed for the purposes pursued. There exists also the right to restriction of processing if one of the conditions specified in Art. 18 GDPR exists and in the cases of Art. 20 GDPR the right to data portability.

You may furthermore object to the processing of your personal data under the conditions set out in Art. 21 GDPR.

If you wish to assert your data protection rights, please contact us using the contact details above.

In addition, as a data subject, you have the right to lodge a complaint with the data protection supervisory authority if you are of the opinion that the processing of data relating to you violates data protection regulations. The data protection supervisory authority responsible for ESMC is the Saxon Data Protection and Transparency Officer.


Contact
Devrientstraße 5
01067 Dresden (Germany)
Tel.: 0351 / 85471 - 101

E-mail: post@sdtb.sachsen.de


Changes to This Notice
We may update this Notice from time to time to reflect changes in our processing activities or legal requirements. The current version will always be available on our career page.
Please confirm whether background or security checks are performed on applicants and, if so, the scope, legal basis and recipients involved, so that this can be reflected here.

Processing of (personal) data by the operator of the recruitment website

General information

This recruitment website is operated by Personio SE & Co. KG, which offers a human resource and candidate management software solution (https://www.personio.com/legal-notice/). Data transmitted as part of your application will be transferred using TLS encryption and stored in a database. The sole controller of this data within the meaning of article 24 of the GDPR is the enterprise carrying out this online application process. Personio’s role is limited to operating the software and this recruitment website and, in this context, being a processor under article 28 of the GDPR. In this case, the processing by Personio is based on an agreement for the processing of orders between the controller and Personio. In addition, Personio SE & Co. KG processes further data, some of which may be personal data, to provide its services, in particular for operating this recruitment website. We will refer to this in more detail below.

The controller

The controller under data protection law is:
Personio SE & Co. KG
Seidlstraße 3
80335 München
Tel.: +49 (89) 1250 1004
Entry in the commercial register
Commercial register entry number: HRA 115934
Registration Court: Amtsgericht München
Data Protection Officer contact: privacy@personio.com

Access logs (“server logs”)

Each access to this recruitment website automatically causes general protocol data, so-called server logs, to be collected. As a rule, this data is a pseudonym and thus does not allow for inferences about the identity of an individual. Without this data, it would, in some cases, be technically impossible to deliver or display the contents of the software. In addition, processing this data is absolutely necessary under security aspects, in particular for access, input, transfer, and storage control. Furthermore, this anonymous information can be used for statistical purposes and for optimizing services and technology. In addition, the log files can be checked and analyzed retrospectively when unlawful use of the software is suspected. The legal basis for this is §25 subsection 2 Sentence 2 TDDDG. Generally, data such as the domain name of the website, the web browser and web-browser version, the operating system, the IP address, as well as the timestamp of the access to the software is collected. The scope of this log process does not exceed the common log scope of any other site on the web. These access logs are stored for a period of up to 7 days. There is no right to object to this.

Error logs

So-called error logs are generated for the purpose of identifying and fixing bugs. This is absolutely necessary to ensure we can react as quickly as possible to possible problems with displaying and implementing content (legitimate interest). As a rule, this data is a pseudonym and thus does not allow for inferences about the identity of an individual. The legal basis for this is §25 subsection 2 Sentence 2 TDDDG. When an error message occurs, general data such as the domain name of the website, the web browser and web-browser version, the operating system, the IP address, as well as the timestamp upon occurrence of the respective error message and/or specification is collected. These error logs are stored for a period of up to 7 days. There is no right to object to this.

Use of cookies

So-called cookies are used on parts of this recruitment website. They are small text files which are stored on the device with which you access this recruitment website. As a general rule, cookies serve the purpose of ensuring secure access to a website (“absolutely necessary”), implementing certain functionalities such as standard-language settings (“functional”), improving the user experience or the performance of the website (“performance”), or placing targeted advertisements (“marketing”). On this recruitment website, we generally use only cookies that are absolutely necessary, functional or performance-related, in particular for implementing certain default settings such as language, for identifying the job advertising channel, or for analyzing the performance of a job advert via which a user accessed this recruitment website. The use of cookies is absolutely necessary for providing our services and thus for the performance of the contract (article 6 (1) b) of the GDPR). Period of storage: up to 1 month or until the end of the browser session Right to object: You can determine via your browser settings whether you allow or object to the use of cookies. Please note that deactivating cookies may result in limited or completely blocked functionalities of this recruitment website.

Rights of data subjects

If Personio SE & Co. KG as the controller processes personal data, you as the data subject have certain rights under Chapter III of the EU General Data Protection Regulation (GDPR), depending on the legal basis and the purpose of the processing, in particular the right of access (article 15 of the GDPR) and the rights to rectification (article 16 of the GDPR), erasure (article 17 of the GDPR), restriction of processing (article 18 of the GDPR), and data portability (article 20 of the GDPR), as well as the right to object (article 21 of the GDPR). If the personal data is processed with your consent, you have the right to withdraw this consent under article 7 III of the GDPR. To assert your rights as a data subject in relation to the data processed for the purpose of operating this recruitment website, please refer to Personio SE & Co. KG’s Data Protection Officer (see item B).

Concluding provisions

Personio reserves the right to adjust this data privacy statement at any point in time to ensure that it is in line with the current legal requirements at all times, or in order to accommodate changes in the services offered, for example when new services are introduced. In this case, the new data privacy statement applies to any later visit of this recruitment website or any later job application.