PRIVACY NOTICE FOR JOB APPLICANTS
Publication date Jan, 2023
YOUR PRIVACY MATTERS
Transparency is paramountWe are committed to being transparent about the data we process about you. For example, we will inform you about the way our company applies data protection principles and your privacy rights
The right reasonsWe use your personal data only for specific purposes and when we have a justified reason to do so, for example, to invite you for a job interview or to draw up your employment contract.
Share with careWe only allow access to your data when it is necessary. In such cases, it is only shared with any third parties that provide us with services under confidentiality obligations.
Keeping it safeWe understand how valuable your personal data is and therefore only keep it for as long as we need it and take appropriate measures to keep it safe. For example, we do this by deleting data when no longer needed and by applying encryption methods, among others.
Stay in controlWe enable you to exercise your privacy rights and encourage you to keep your personal data up to date, for example by providing with means for you to submit a privacy right request and by being transparent.
Let us know
We are open to any questions, comments and complaints you might have about the processing of your personal data or our Privacy Notice. You can contact us via email@example.com and via the contact form on asml.com/privacy.
1. INTRODUCTIONThis Privacy Notice for job applicants (’Privacy Notice’) describes how ASML and its group companies (‘ASML’, ‘us’, ‘our’ or ‘we’) process the personal data of candidates we contact and applicants that apply to a position (‘you’) in connection with ASML’s recruitment process.
We have drafted this Privacy Notice thoroughly and in an easy and comprehensible way to inform you about what personal data we process about you, why we process it and what we do with it during our recruitment process. We encourage you to read this Privacy Notice in full.
Translated versions of this Privacy Notice are available on request. The translated versions are provided for convenience only. In the event of any difference in meaning between the English language version and any translated version, the English language version will prevail.
2. WHEN DOES THIS PRIVACY NOTICE APPLY?This Privacy Notice applies to the processing of personal data of job applicants or job prospects by ASML. Processing personal data is a broad term and includes (amongst other things) collecting, recording, storing, amending, reviewing, using and deleting personal data.
Some countries may have stricter or deviating local legal requirements. For example, local law may impose different requirements on how long we have to keep your data (data retention). In case of a conflict between this Privacy Notice and such requirements, the latter will prevail.
3. WHO IS ASML?ASML is a leading supplier of semiconductor manufacturing equipment and the innovator behind ever-advancing lithography systems. We provide chipmakers with everything they need – hardware, software and services – to mass produce patterns on silicon through lithography.
When this Privacy Notice mentions ‘we’, ‘us’, ‘our’, it refers to ASML Holding N.V. – based at De Run 6501, 5504 DR, Veldhoven, the Netherlands – as well as its group companies.
4. WHAT IS PERSONAL DATA?It is important for you to know that ‘personal data’ (or: ‘data’, ‘personal information’, or ‘your data’), means: any information relating to an identified or identifiable natural person (‘data subject’).
An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier – or by reference to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
5. WHAT PERSONAL DATA DO WE PROCESS ABOUT?During the recruitment process, we ask you to provide us with information that enables us to assess your suitability for certain positions.
We may process personal data about you, such as:
- Your name and contact details;
- Gender and date of birth;
- All information contained in your CV/resume, motivation or cover letter and other documents you shared with ASML in your job application;
- Information given by you during face-to-face and video interviews, via emails, phone calls and other means of communication;
- Your job preferences;
- Results of tests and analyses that you have performed at our request;
- Information from pre-employment screening and background checks, such as educational checks and statements of conduct;
- Names and contact details of your references. You must have obtained consent from your references;
- On premise information collected through access control and CCTV recordings;
- Feedback you provide in surveys around the recruitment process;
- Account login information used to access company systems and applications, such as the recruitment portal; and
- Network traffic data and other related data, such as IP address and information obtained from cookies and similar tracking technology used on our websites, from your use of our websites. For more information, please read our Cookie Notice.
Special categories of personal data and sensitive personal dataWe may also process personal data that is considered as special categories of personal data or sensitive personal data. During our application process, you may, for example, provide us with a photo that may reveal the following information about yourself: your race or ethnic origin, physical health (including disability) or religious beliefs. Furthermore, we may process personal data that is considered sensitive, such as veteran status or information relating to criminal convictions or offences (statement of conduct).
Please note that for the recruitment process, some required personal data may vary, depending on the position you apply for, the location (country) of this position and applicable rules and regulations. We may process special category or sensitive personal data considering local legal requirements. In case we process special or sensitive personal data based on local requirements, we will notify you in advance.
How do we obtain your personal data?We collect personal data directly from you when you apply for a position with us or when we contact you with a possible job offer. In addition, we may collect your personal data independently through different career orienting platforms and websites. We also collect your personal data from third parties, such as professional recruitment agencies, your references, prior employers, and pre-employment and background check providers, to the extent permitted by applicable law.
6. FOR WHICH PURPOSES DO WE PROCESS YOUR PERSONAL DATA?We process your personal data for recruitment and compliance purposes, in particular for:
- Identifying and evaluating your qualifications for available positions;
- Verifying the data you submitted and carrying out reference checks, pre-employment screening and conducting background checks (where applicable);
- Informing you about the progress of your application or other vacancies at ASML that we consider suitable for you;
- Recruitment marketing, such as custom audience, talent pool creation for future job openings and email communication concerning job openings;
- Preparing a job offer and employment contract, where applicable, and for fulfilling onboarding activities in case of a successful application;
- Assessing your fitness to work and for the provision of facilities in the workplace for any accommodation;
- Managing your job application account in order for you to be able to track your application progress;
- Business management and administrative purposes, including maintaining our IT systems, internal audits, record-keeping and improving our business processes;
- Protecting the health, safety, security and integrity of ASML and its job applicants, (IT) facilities and assets, including occupational safety and health; and
- Complying with the law, including the disclosure of personal data to government institutions or supervisory authorities, and to exercise or defend legal claims.
Secondary use of personal dataWhen we have collected personal data, this data may be used for a secondary purpose, but only if the secondary purpose is compatible with the original purpose. For example, statistical analysis may constitute as a compatible secondary purpose.
7. WHAT IS THE LEGAL BASIS FOR PROCESSING YOUR PERSONAL DATA?The legal bases (or justified reasons) for processing your personal data are:
- The legitimate interest for recruitment and management purposes;
- For entering into and managing a contract or employment relationship;
- For compliance with our legal obligations;
- Protecting your vital interest or that of another natural person, for example in case of a medical emergency; and
- Your specific and informed consent.
In the event that the processing of your personal data is based on your consent, you have the right to withdraw you consent. We would like to draw your attention to the fact that the withdrawal of your consent does not affect the lawfulness of the processing of your personal data prior to the withdrawal of your consent.
8. WHO HAS ACCESS TO YOUR PERSONAL DATA?
Access to your personal data within ASMLOur workers are authorized to access personal data only to the extent necessary to serve one or more of the purposes set forth in Section 6 above and in so far as necessary within the scope of their roles and responsibilities as ASML workers.
Access to your personal data by third partiesYour personal data may be shared with third parties for the purpose of providing their products and/or services to ASML or vice versa. When we transfer personal data to third parties, we will only do so under confidentiality obligations and where necessary, we will have an agreement concerning the processing of your personal data in place. We may share your personal data with the following categories of third parties, including but not limited to:
- Agencies and consultants that may assist us in performing our business processes; and
- IT service providers.
ASML does not sell your personal data to anyone.
International transfers of your personal dataDue to our company’s multinational nature, the data you provide to us may be transferred to or accessed by ASML’s affiliates and trusted third parties from different countries around the world. Your personal data will only be transferred to a country other than your country of residence if this is necessary for the fulfilment of the purposes described in this Privacy Notice.
To protect your rights, we only transfer your personal data to a country where:
- An adequate level of protection for personal data is provided; or
- An instrument covers the requirements for the transfer of personal data such as:
b. Codes of conduct; and
c. Certification mechanisms.
9. HOW LONG WILL WE KEEP YOUR PERSONAL DATA?Your data will be kept only for the period required to serve the purposes mentioned under Section 6 above (and to comply with legal requirements or for litigation or protection against a possible claim – if any). After the applicable retention period, your personal data will be securely deleted, destroyed or de-identified.
If you accept an offer of employment by us, any relevant personal data collected during your pre-employment period will become part of your personnel records and will be subject to our Privacy Notice for Workers.
10. HOW IS YOUR PERSONAL DATA SECURED?We have taken adequate measures to protect the confidentiality, integrity and availability of your personal data. The implementation of appropriate technical, physical and organizational measures protects your personal data against the following instances:
- Accidental or unlawful destruction;
- Accidental loss, damage, alteration;
- Unauthorized disclosure or access; and
- Any other forms of unlawful processing (including, but not limited to improper use).
11. WHAT ABOUT YOUR RIGHTS?You have the following rights in relation to your personal data, where required, such as:
- The right to access the personal data we have about you;
- The right to have your personal data corrected;
- The right to have your personal data deleted (‘right to be forgotten’);
- The right to restrict processing of your personal data by us;
- The right to object to automated decisions;
- The right to withdraw consent at any time and without detriment.
- The right to object to certain data processing operations;
- The right to request a transfer of your personal data (‘right to data portability’); and
- The right to copy, correct, delete your personal data by your relative in case of your death (if applicable).
We will always check your identity to ensure that it is you exercising your rights. If we cannot verify your identity, your request will be rejected. When exercising your right, the more specific you are, the better we can assist you with your request. In some cases, where permitted by law, we may deny your request, in which case we will notify you of the reasons for denial.
If you feel we are not handling your request appropriately you also have the right to lodge a complaint with the relevant data protection authority.
12. WHAT ABOUT YOUR RESPONSIBILITIES?We would like to kindly remind you that you are responsible for providing us with accurate, complete and up-to-date data. In case you provide us with the personal data of other individuals, such as references, please be sure to comply with (local) legal and ASML requirements, including informing the individuals concerned sufficiently about the processing of their data, by providing them with this Privacy Notice and by obtaining their agreement before sharing their personal data with us.
13. HOW TO CONTACT USWhen you have a question about the use of your personal data or about this Privacy Notice, we invite you to send an email to our Privacy Office via firstname.lastname@example.org.
This Privacy Notice may be amended from time to time. You can find the previous versions of the Privacy Notice in the Privacy Notice Archive.
14. ADDITIONAL PRIVACY NOTICES WEBSITEExternal Hosting
This website is hosted by an external service provider (host). Personal data collected on this website are stored on the servers of the host. These may include, but are not limited to, IP addresses, contact requests, metadata and communications, contract information, contact information, names, web page access, and other data generated through a web site.
The host is used for the purpose of fulfilling the contract with our potential and existing customers (Art. 6(1)(b) GDPR) and in the interest of secure, fast, and efficient provision of our online services by a professional provider (Art. 6(1)(f) GDPR). If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6 (1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user's end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.
Our host will only process your data to the extent necessary to fulfil its performance obligations and to follow our instructions with respect to such data.
We have concluded a data processing agreement (DPA) with the above-mentioned provider. This is a contract mandated by data privacy laws that guarantees that they process personal data of our website visitors only based on our instructions and in compliance with the GDPR.
When this Privacy Notice mentions ‘ASML’, ‘we’, ‘us’, ‘our’, it refers to ASML Holding N.V. – based at De Run 6501, 5504 DR, Veldhoven, the Netherlands – as well as its group companies. The responsible entity for data processing on the German website is ASML Berlin GmbH, located in 12347 Berlin, Waldkraiburger Str. 5, Germany. Contact: Phone: +49 30 60 9050, e-mail: email@example.com.
Legal basis for the data processing on this website
Our websites and pages use what the industry refers to as “cookies.” Cookies are small data packages that do not cause any damage to your device. They are either stored temporarily for the duration of a session (session cookies) or they are permanently archived on your device (permanent cookies). Session cookies are automatically deleted once you terminate your visit. Permanent cookies remain archived on your device until you actively delete them, or they are automatically eradicated by your web browser.
Cookies can be issued by us (first-party cookies) or by third-party companies (so-called third-party cookies). Third-party cookies enable the integration of certain services of third-party companies into websites (e.g., cookies for handling payment services).
Cookies have a variety of functions. Many cookies are technically essential since certain website functions would not work in the absence of these cookies (e.g., the shopping cart function or the display of videos). Other cookies may be used to analyze user behavior or for promotional purposes.
Cookies, which are required for the performance of electronic communication transactions, for the provision of certain functions you want to use (e.g., for the shopping cart function) or those that are necessary for the optimization (required cookies) of the website (e.g., cookies that provide measurable insights into the web audience), shall be stored on the basis of Art. 6(1)(f) GDPR, unless a different legal basis is cited. The operator of the website has a legitimate interest in the storage of required cookies to ensure the technically error-free and optimized provision of the operator’s services. If your consent to the storage of the cookies and similar recognition technologies has been requested, the processing occurs exclusively on the basis of the consent obtained (Art. 6(1)(a) GDPR and § 25 (1) TTDSG); this consent may be revoked at any time.
You have the option to set up your browser in such a manner that you will be notified any time cookies are placed and to permit the acceptance of cookies only in specific cases. You may also exclude the acceptance of cookies in certain cases or in general or activate the delete-function for the automatic eradication of cookies when the browser closes. If cookies are deactivated, the functions of this website may be limited.
Handling applicant data
We offer website visitors the opportunity to submit job applications to us (e.g., via e-mail, via postal services on by submitting the online job application form). Below, we will brief you on the scope, purpose and use of the personal data collected from you in conjunction with the application process. We assure you that the collection, processing, and use of your data will occur in compliance with the applicable data privacy rights and all other statutory provisions and that your data will always be treated as strictly confidential.
Scope and purpose of the collection of data
If you submit a job application to us, we will process any affiliated personal data (e.g., contact and communications data, application documents, notes taken during job interviews, etc.), if they are required to make a decision concerning the establishment or an employment relationship. The legal grounds for the aforementioned are § 26 BDSG according to German Law (Negotiation of an Employment Relationship), Art. 6(1)(b) GDPR (General Contract Negotiations) and – provided you have given us your consent – Art. 6(1)(a) GDPR. You may revoke any consent given at any time. Within our company, your personal data will only be shared with individuals who are involved in the processing of your job application.
If your job application should result in your recruitment, the data you have submitted will be archived on the grounds of § 26 BDSG and Art. 6(1)(b) GDPR for the purpose of implementing the employment relationship in our data processing system.
Data Archiving Period
If we are unable to make you a job offer or you reject a job offer or withdraw your application, we reserve the right to retain the data you have submitted on the basis of our legitimate interests (Art. 6(1)(f) GDPR) for up to 6 months from the end of the application procedure (rejection or withdrawal of the application). Afterwards the data will be deleted, and the physical application documents will be destroyed. The storage serves in particular as evidence in the event of a legal dispute. If it is evident that the data will be required after the expiry of the 6-month period (e.g., due to an impending or pending legal dispute), deletion will only take place when the purpose for further storage no longer applies.
Longer storage may also take place if you have given your agreement (Article 6(1)(a) GDPR) or if statutory data retention requirements preclude the deletion.
For applications, we use the services of rexx systems (rexx systems GmbH, Suederstr. 75-79, 20097 Hamburg, Germany). rexx systems processes the application data on behalf of ASML. We will use your data exclusively for processing your application. In the application process, personal data of you will be processed, these may vary depending on the vacancy and the information you have personally provided to us. The legal basis for processing your personal data as part of the application process is Section 26 BDSG and Art. 6 (1) a), b) and f) GDPR. If no contract is concluded, your personal data will be deleted after 6 months following the conclusion of the application process, unless you have given us your express consent to store your data for a longer period.
Admission to the applicant pool
If we do not make you a job offer, you may be able to join our applicant pool. In case of admission, all documents and information from the application will be transferred to the applicant pool in order to contact you in case of suitable vacancies.
Admission to the applicant pool is based exclusively on your express agreement (Art. 6(1)(a) GDPR). The submission agreement is voluntary and has no relation to the ongoing application procedure. The affected person can revoke his agreement at any time. In this case, the data from the applicant pool will be irrevocably deleted, provided there are no legal reasons for storage.
The data from the applicant pool will be irrevocably deleted no later than two years after consent has been granted.
Privacy notice for your emails
Information Provided as Mandated by Article 13 GDPR
If this is your first interaction with us, Art. 12, 13 GDPR mandates that we make available to you the following mandatory data protection related information: If you are contacting us via e-mail, we will process your personal data only if we have a legitimate interest in the processing of this data (Art. 6(1)(f) GDPR), if you have consented to the processing of your data (Art. 6(1)(a) GDPR), if the processing of the data is required for the development, establishment, content or modification of a legal relationship between you and our company (Art. 6(1)(b) GDPR) or if any other legal provision permits the processing of this data. Your personal data will remain in our possession until you ask us to delete the data or you revoke your consent to store the data or if the purpose the data stored is required for no longer exists (e.g., once your request has been conclusively processed). This shall be without prejudice to any compelling statutory provisions – in particular tax and commercial law based retention periods. You have the right to at any time receive free information concerning the origins, recipients and purpose of your data archived by us. You also have a right to object, to data portability and a right to log a complaint with the competent supervisory agency. Moreover, you can demand the correction, eradication and, under certain circumstances, the restriction of the processing of your personal data.