Data Protection Information for Employees

This information informs you about the processing of your personal data by your employer, TWS Tankcontainer-Leasing GmbH & Co. KG.

Purposes of Data Processing

We process your personal data exclusively for purposes related to the employment relationship (establishment, execution, and termination) and for business purposes connected to your role and function within our company. This includes:

  • Payroll accounting

  • Reporting and payment of social security contributions

  • Financial accounting

  • Controlling, personnel cost planning and budgeting

  • Planning and recording of working hours

  • Planning and recording of holiday periods

  • Provision of work equipment (communication technology, work clothing, office equipment)

  • Communication (both internal and external)

  • Travel booking including travel expense accounting

  • Maternity protection, parental and care leave

  • Company car (including the use of fuel cards)

  • Occupational health care and examinations

  • Company reintegration management

  • Recording and reporting of occupational accidents

  • Recording and reporting of incapacity for work

  • Company pension scheme

  • Personnel planning, personnel development, personnel management and training

  • Employee surveys

  • Calculation of anniversary, death benefit and pension provisions

  • Target agreements and bonus programmes

  • Information for pension equalisation cases

  • Protection of processing procedures and data against unauthorised access and use

  • IT security / provision of IT infrastructure

  • Access to IT devices using biometric data (e.g. facial recognition, fingerprint; only on a voluntary basis)

  • Improvement of internal processes

  • Data processing by the works council

  • Congratulations on anniversaries and birthdays

  • Safeguarding and enforcement of the employer’s legal claims

  • Data transfers within the group

  • Protection of whistleblowers under the Whistleblower Protection Act


Legal Basis

We process your personal data on various legal bases:

  • For the establishment, execution, and termination of the employment relationship: The basis is Section 26 of the German Federal Data Protection Act (BDSG). We process your data if this is required under the employment contract.

  • Due to legal requirements: The basis is Article 6(1)(c) GDPR. Some laws require us to process or retain personal data (for example, in the area of accounting under Section 147 AO, Section 257 HGB, Section 41 EstG).

  • To exercise our obligations arising from employment law and social security and social protection law: The basis is Article 6(1)(c) in conjunction with Article 9(2)(b) GDPR. Social laws and occupational safety standards require us to process your health data.

  • Based on legitimate interest: The basis is Article 6(1)(f) GDPR. If data is processed that is not directly necessary for the execution of the employment relationship or due to legal requirements, the processing is based on a legitimate interest of the company. These include: internal organisational purposes, provision of IT infrastructure, protective measures for company assets, improvement of the working and company climate. Processing of your data is only permitted here if the protection of your interests, fundamental rights and freedoms does not prevail.

  • Based on your consent: The basis is Article 6(1)(a) GDPR. In individual cases, we ask for your consent to process or transfer your data (e.g. for photo publication, congratulations on anniversaries and birthdays, or company reintegration management). Your consent is voluntary in these cases and can be withdrawn at any time with effect for the future. No disadvantages will arise for you from not giving or later withdrawing your consent.


Recipients

We only transfer data to third parties if this is necessary or if there is an obligation to do so.
We may forward your data to the following entities:

  • Service providers for payment processing, banks, health insurance companies, German pension insurance

  • Service providers for the provision of internal IT infrastructure (maintenance, support, administration, office software as a cloud solution, cloud providers, telephone services)

  • Solicitor

  • Tax advisor

  • Service providers for business travel

  • Chambers of crafts


Certain personnel administration tasks are carried out centrally by a third-party service provider. This includes support with personnel administration and payroll accounting. For this purpose, they have limited access rights to your data. Data transfer or disclosure only takes place to the extent necessary and in compliance with the relevant data protection regulations.

We use IT/cloud service providers whose sub-service providers/parent companies are based in the USA. If these are not certified under the TADPF, EU standard contractual clauses form the legal basis for the transfer to the third country.


Source of Data and Data Categories

We process the data you provide to us. We may also receive data about you from third parties:

  • From the tax office: payroll tax-relevant data (such as marital status, child allowances)

  • From your health insurance (electronic certificate of incapacity for work, if applicable, information on child sickness benefit or maternity protection)

  • Insurance data from the insurer (e.g. for company pension schemes)

  • Courts/creditors (in the event of attachments)


Retention Period

The data we collect about you will be deleted as soon as it is no longer required for the execution of the employment relationship or the employment relationship has ended and statutory retention periods do not prevent deletion. Retention periods arise from tax, employment and social security regulations and are generally up to 10 years.


Provision of Data

You must provide us with the personal data necessary for us to perform the contract with you and which we are legally obliged to collect. Without providing this mandatory information, we may not be able to enter into an employment relationship with you.


Your Rights as a Data Subject

As a data subject, you have the following rights, provided the legal requirements are met:

  • Right of access, Art. 15 GDPR

  • Right to rectification, Art. 16 GDPR

  • Right to erasure, Art. 17 GDPR

  • Right to restriction of processing, Art. 18 GDPR

  • Right to data portability, Art. 20 GDPR

  • Right to object, Art. 21 GDPR


If the processing is based on your consent, you have the right to withdraw this consent to the processing of your data at any time with effect for the future, in whole or in part.

If data processing is based on a balance of legitimate interests, you have the right to object to this data processing. You must provide legitimate reasons arising from your particular situation.

You also have the right to lodge a complaint with the data protection supervisory authority regarding the processing of your data.

If you have any questions about your rights or wish to exercise your rights, please contact the HR department or the data protection officer.

Controller and Data Protection Officer
The controller responsible for data processing is:
TWS Tankcontainer-Leasing GmbH & Co. KG
Zum Schildetal 1
19260 Vellahn OT Camin

The data protection officer can be contacted at: fox-on Datenschutz GmbH, Pollerhofstraße 33a, 51789 Lindlar, dsb@fox-on.com.