Addendum for global Privacy Statement regarding Onboarding and Recruiting in Switzerland

The following addendum specifies the global data privacy statement for recruiting and onboarding in Switzerland. The global privacy statement can be found here.

If you are applying for a position with a Bayer group company in Switzerland, or your personal data is otherwise processed in a manner that has effects in Switzerland, the Swiss Federal Act on Data Protection (“FADP”) and the Ordinance on Data Protection (“DPO”) apply in addition to, and for Switzerland take precedence over, the provisions of this Privacy Statement referring to the General Data Protection Regulation (“GDPR”). References to the GDPR shall be read as references to the corresponding provisions of the FADP where applicable.

Controller:

For positions in Switzerland, the controller within the meaning of the FADP is either

Bayer Consumer Care AG
Peter Merian-Strasse 84
CH-4052 Basel 

or

Bayer CropScience Schweiz AG
Peter Merian-Strasse 84
CH-4052 Basel

or 

Bayer (Schweiz) AG
Grubenstrasse 8
CH-8054 Zürich

To the extent Bayer AG acts as controller for Swiss data subjects, our representative in Switzerland pursuant to Art. 14 FADP is Bayer Consumer Care AG, Peter Merian-Strasse 84, CH-4052 Basel.

The local data privacy officer can be contacted under

Datenschutzbeauftragter 
Bayer Schweiz
c/o Bayer Consumer Care AG
Peter Merian-Strasse 84
CH-4052 Basel 

or 

via email to privacy_ch@bayer.com

Legal Bases

Unlike the GDPR, the FADP does not require a legal basis for each processing activity. The legal bases listed in Section 5 apply to Swiss data subjects by analogy. Where a justification is required under Art. 31 FADP, we rely on your consent, an overriding private or public interest or the law, in particular the processing of personal data in connection with the conclusion or performance of a contract. In accordance with Art. 328b of the Swiss Code of Obligations, we only process data to the extent that it relates your suitability for the employment relationship or is necessary for the performance of the employment contract.

Sensitive personal data

Under Art. 5 lit. c FADP, sensitive personal data also includes data on administrative and criminal proceedings or sanctions and data on social assistance measures. Section 1.6 applies accordingly, if such data is processed during the recruiting and onboarding process. 

Disclosure of personal data abroad

When personal data is disclosed abroad, your personal data is primarily processed in the country of the data controller and in other European countries where the Bayer Group has a branch office. In exceptional cases, your personal data may also be processed in countries outside the European Union, particularly in the United States.

Where the Swiss Federal Council has not determined that a country ensures an adequate level of data protection (Annex 1 DPO), we ensure appropriate data protection by the standard contractual clauses of the European Commission, adapted to Swiss law and recognized by the Federal Data Protection and Information Commissioner (“FDPIC”), or rely on an exception pursuant to Art. 17 FADP.

Information about your rights

Under the FADP, you have in particular the right of access (Art. 25 FADP), the right to data delivery or transfer (Art. 28 FADP), the right to rectification and deletion, and the right to object to processing (Art. 30 and 32 FADP). You may enforce your rights before the civil courts. You may also report a suspected breach of data protection provisions to the Federal Data Protection and Information Commissioner (FDPIC), Feldeggweg 1, CH-3005 Bern, www.edoeb.admin.ch.