Data protection information of FERCHAU as part of the ABLE GROUP for applicants, business partners, and employee
Data protection is a high priority for the FERCHAU companies as part of the ABLE GROUP. Uniform processes and procedures have therefore been established in all the companies of the group mentioned herein to ensure a high level of data protection in the processing of personal data. In the following, we provide information on the collection of personal data in the context of job applications. In addition, this data protection notice contains information for persons with whom we have a business relationship or who have an employment/service relationship with a FERCHAU company as part of the ABLE GROUP.
1. Person(s) responsible for data processing
a) Individual person responsible
The FERCHAU company as part of the ABLE GROUP with which you make direct contact is responsible for data processing. When we contact you, you will find the name and contact details of the FERCHAU company as part of the ABLE GROUP (e.g., on the letterhead or in the signature line of an e-mail). Contact details of all FERCHAU companies as part of the ABLE GROUP are summarised at the end of this data protection notice.
b) Joint responsibility
Individual or all FERCHAU companies as part of the ABLE GROUP may be jointly responsible for processing your personal data. If there is joint responsibility for a processing operation, you will find a corresponding indication in the description of the processing operation concerned. There you can also see which companies of FERCHAU as part of the ABLE GROUP act as joint controllers for the processing in question. If companies of FERCHAU as part of the ABLE GROUP act as joint controllers, there is an agreement between these companies on the processing of your personal data under joint responsibility in accordance with Article 26 of the DSGVO. In the following, we would like to inform you about the essential content of this agreement:
If there is joint responsibility between FERCHAU companies as part of the ABLE GROUP, each company involved is responsible for keeping a register of processing activities and for carrying out a data protection impact assessment (including consultation with the competent supervisory authority, if necessary). All companies have undertaken to take appropriate technical and organisational security measures for the data they process to ensure and be able to demonstrate that the processing is performed in accordance with the provisions of data protection law. The security measures shall ensure a level of protection appropriate to the risk and shall be reviewed and updated as necessary. The technical and organisational measures shall also ensure that the processing of data is carried out in accordance with the legal requirements. All companies involved shall inform each other without delay of any disruptions to operations involving risks to the data and of any suspected data protection breaches in connection with the personal data. All companies involved shall coordinate the content of any notifications required under Articles 33, 34 of the DSGVO in the event of a personal data breach and shall keep each other informed about communications with the supervisory authority. This also applies if there is a legal obligation to inform you about the data breach.
If you assert one of your rights mentioned in section 3 or 4 of this data protection notice against one of the jointly responsible parties involved, the responsible party contacted will inform the other party or parties immediately in writing. The company you have contacted directly or that has contacted you directly is responsible for the fulfilment of your rights. The party you contacted, for example, takes over the communication with you, collects the necessary information, examines the claim, and implements it accordingly. In doing so, you can assert rights against all joint controllers. If measures become necessary in accordance with the asserted right (e.g., correction, deletion, restriction, notification of recipients, transfer, and surrender), the joint controllers involved will implement this on their own responsibility.
2. Data Protection Officer
The FERCHAU companies mentioned herein as part of the ABLE GROUP have appointed a joint data protection officer. You can reach the corporate group data protection officer at:
Data Protection Officer
ABLE Management Services GmbH
Steinmüllerallee 2
51643 Gummersbach
Telephone: +49 2261 5011-0
datenschutz@able-group.de
3. What data protection rights do I have?
Every data subject has the right to information under Article 15 of the DSGVO, the right to rectification under Article 16 of the DSGVO, the right to erasure under Article 17 of the DSGVO, the right to restriction of processing under Article 18 of the DSGVO, the right to object under Article 21 of the DSGVO (section 4), and the right to data portability under Article 20 of the DSGVO. Restrictions may apply to the rights to information and erasure in accordance with national data protection regulations. There is a right of appeal to a data protection supervisory authority (Article 77 DSGVO).
You can revoke your consent to the processing of personal data at any time. This also applies to the revocation of declarations of consent made before the EU General Data Protection Regulation came into force on 25 May 2018. Please note that the revocation only takes effect for the future, not for prior processing that took place. Please also note that despite revocation of consent, we may continue to process your personal data in whole or in part based on a statutory authorisation.
4. Information about your right to object in accordance with Article 21 of the DSGVO
You have the right to object at any time, on grounds relating to your situation, to the processing of personal data which is carried out based on Article 6 (1) (f) DSGVO (data processing based on a balance of interests).
If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds which override your rights, interests, and freedoms, or the processing serves to assert, exercise, or defend legal claims. The objection can be made form-free by sending an e-mail to the contact details stated herein.
5. Joint CRM system / Matching
FERCHAU companies as part of the ABLE GROUP place their employees in project-related activities with their customers. The object of the employment relationship or freelance business relationship with a FERCHAU company as part of the ABLE GROUP is therefore not exclusively activities in specific companies or areas of assignment, but rather the activity takes place on the basis of the qualifications and further assignment requirements communicated by you with those customers of FERCHAU as part of the ABLE GROUP who have a vacancy for the relevant qualification profile and with regard to whom the further assignment requirements are fulfilled. As a rule, FERCHAU companies as part of the ABLE GROUP shall only recruit if, at the time of recruitment, a vacancy already exists for an applicant at a client of the FERCHAU Group which corresponds to his/her qualifications and the other deployment requirements to ensure the immediate deployment of a new employee.
FERCHAU GmbH, FERCHAU Automotive GmbH and FERCHAU Austria GmbH operate a joint CRM database in which they process the data of applicants, business partners, and employees. Due to the business purpose of the companies described above, which allows applicants, business partners and employees to be deployed both in one company and in the other - depending on the task, qualification, and existing vacancies - there is a legitimate interest of the companies to match applicants, business partners, and employees according to qualification, preferences, and deployment opportunities to vacancies at all participating companies. All FERCHAU companies work together closely as part of the ABLE GROUP three when processing personal data within the framework of the acquisition of customer projects and the examination of assignment opportunities for business partners and employees. Among other things, they have customers in areas close to the border, specialists with a high degree of mobility or customers with several locations, where assignment opportunities for business partners or employees listed with the other parties may arise.
For the purposes described above, your application data or, for business partners and employees, the following categories of data are processed: personal data, contact details, qualifications and professional history, communication data, and for employees, health data. Subject to your objection, this is done for a period of six months after receipt of your application or during the duration of your business relationship with or employment at one of the participating companies of FERCHAU as part of the ABLE GROUP. In this way, applicants can be offered a wide range of options for possible employment with a FERCHAU company as part of the ABLE GROUP. Applicants, business partners, and employees benefit from the fact that vacancies at many FERCHAU customers as part of the ABLE GROUP can be examined at the same time in response to a single application or during the duration of your business relationship with or employment at one of the participating companies of FERCHAU as part of the ABLE GROUP. This increases the chances of a successful application and ensures a lasting business relationship or the continuation of an employment relationship. To create these extended recruitment and deployment opportunities within FERCHAU as part of the ABLE GROUP, FERCHAU GmbH, FERCHAU Automotive GmbH and FERCHAU Austria GmbH grant each other access to the data of applicants, business partners, and employees of each company within the CRM database jointly operated by FERCHAU GmbH and FERCHAU Automotive GmbH and the CRM database operated by FERCHAU Austria GmbH, so that all companies can check any deployment opportunities of applicants, business partners, and employees with their respective customers.
6. Job advertisements and application procedures
a) Job advertisements
FERCHAU GmbH, FERCHAU Automotive GmbH, and FERCHAU Austria GmbH may either individually or jointly publish job advertisements on the websites of the FERCHAU group of companies or in other job portals, online or print media (together ‘Job Advertisements’). You can find out whether and, if so, which company is placing a job advertisement, or whether several companies are placing a job advertisement jointly (under the name FERCHAU Group or similar), from the respective job advertisement. The content of the job advertisements and the request to provide certain personal information (e.g., proof of qualifications) are the responsibility of the company or companies (jointly, if applicable) named in the announcement.
Job advertisements of FERCHAU GmbH, FERCHAU Automotive GmbH and/or FERCHAU Austria GmbH are designed in such a way that exemplary project-related activities in special fields (e.g., in the automotive industry) or companies (e.g., at an automotive manufacturer or a supplier) are presented. In the event of a successful application, an employment relationship will be established exclusively between you and the contracting company of the FERCHAU Group based on the qualifications and further deployment requirements (e.g., regarding desired deployment locations) communicated by you. If an employment relationship is established between you and one of the FERCHAU companies as part of the ABLE GROUP, the further steps within the framework of the establishment of this employment relationship are the sole responsibility of the contracting company. They are no longer part of the joint responsibility described herein.
b) Which sources and data do we use?
We may process the following personal data on the form in the portal as part of the application process:
- Basic data (first name, surname, date of birth, place of birth).
- Contact data (e.g., address, e-mail, telephone numbers)
- Data on education, professional career, other qualifications, and further employment, etc.
- If necessary, further documents such as residence and work permits
- Correspondence with you
- Telephone contact (number, time, duration of call)
- Photographs that you make available to us
- Personal data that we are permitted to process from publicly accessible sources (e.g., commercial register, creditworthiness information from Creditreform)
As a rule, we receive the aforementioned (except for the last point) directly from you. If we receive the data from other sources, we will inform you separately.
c) Why do we process the data (purpose of processing) and on what legal basis?
We process your personal data to carry out the application process and initiate an employment relationship. The legal basis for this is Section 26 (1) BDSG for applications in Germany and Section 37 (2) DSG for applications in Austria. The mutual transfer within the scope of joint responsibility and the matching of your application data with vacancies at customers of the FERCHAU Group are carried out based on the legitimate interest of the participating companies of the FERCHAU Group and their customers (Article 6 (1) f) DSGVO) as well as the interest of our applicants in the highest possible probability of success for their application.
If your application is unsuccessful, we will continue to process your data for six months after the end of the application process based on Art. 6 (1) f) DSGVO to defend against any claims under the AGG.
If you have consented to continue storing your application data in our applicant database, we will process your data for the selection of suitable employment options for you, subject to your revocation of this consent. The processing for this additional period corresponds to the processing described in Section 5 of this data protection notice. The legal basis for this is Section 26 (2) BDSG for applications in Germany and Section 37 (1) DSG for applications in Austria, in each case in conjunction with your consent.
d) Who receives my data?
Within our company, data is processed only by persons whose duties make this necessary.
Furthermore, there is a mutual transfer within the FERCHAU Group to check possible employment opportunities in the event of vacancies. In this context, FERCHAU GmbH, FERCHAU Automotive GmbH and FERCHAU Austria GmbH act as joint data controllers within the meaning of Article 26 of the DSGVO, as described in Section 1.
To initiate an employment relationship with a company of the FERCHAU Group, we may pass on your personal data to our customers insofar as this is necessary to check a possible assignment. This is done in anonymised or pseudonymised form, so that it is not possible for these customers to identify the applicant. If a customer requests that data be passed on in a non-anonymised or pseudonymised form, we will only comply with this request if you have given prior consent.
As part of the recruitment process, ABLE Management Services GmbH, Steinmüllerallee 2, 51643 Gummersbach, Germany, provides central services on our behalf for administrative support in the application process. Within the scope of this order processing, ABLE Management Services GmbH receives access to your personal data.
e) Is data transferred to a third country or to an international organisation?
No data is transferred to third countries or international organisations.
f) How long will my data be stored?
We process and store your personal data only if it is necessary to fulfil the foregoing and, if applicable, comply with legal obligations. If the processing of the data is no longer necessary after that, it will be deleted.
In the event of an unsuccessful application, we will delete your data after six months, unless you have given us permission to store it in our applicant database. If you have consented to be included in our applicant database, we will store the data until you revoke your consent or until its expiry date, if applicable.
g) Am I obligated to provide data?
The provision of your data to us is voluntary. However, if you do not provide necessary data, we may not be able to consider your application.
h) To what extent is there automated decision-making (including profiling)?
We do not carry out any profiling.
7. Business partner management
a) What sources and data do we use?
We may process the following personal data as part of our business contact:
- Basic personal information, e.g., your name, job title, business contact details (address(es), telephone and fax numbers, email addresses) and other contact details.
- Other business-related information, e.g., your industry, previous activities, history with us
- Other personal information you have provided (e.g., your birthday, hobbies)
- Contract data such as customer number, bank details, tax number/USt-ID
- Photographs that you provide or that are taken during events of which you are a participant
- Creditworthiness data
- Data for processing payment transactions
- Personal data that we are permitted to process from publicly accessible sources (e.g., commercial register, creditworthiness information from Creditreform)
We usually receive the above mentioned (except for the latter point) directly from you. We may receive further data from your employer, your colleagues or third parties, or from publicly accessible sources (e.g., your company's website, job-related social networks).
b) Why do we process the data (purpose of processing) and on what legal basis?
We process your personal data for the proper handling and development of our business relationship, to fulfil the legal obligations to which we are subject and if and to the extent that this is necessary for our legitimate interests, unless your interests or fundamental rights and obligations prevail. The legal basis for data processing is Article 6 (1) b) and f) DSVGO or your consent, insofar as you have given it.
c) Who receives my data?
We may transfer your data to the following recipients in particular:
- Our parent company ABLE Management Services GmbH, which provides central services for us to process the contractual relationship (e.g., accounting, legal advice).
- Companies in our group of companies, for the initiation of further business contacts
- The other group companies in each case (as described in section 8) for the purpose of examining possible deployment opportunities in projects of the other group company in each case. In this context, FERCHAU GmbH, FERCHAU Automotive GmbH and FERCHAU Austria GmbH act as joint controllers within the meaning of Article 26 of the DSGVO, as described in more detail in section 1.
- Companies outside our group of companies, insofar as this is necessary for the initiation or processing of an order.
- Public bodies such as tax or social security authorities and other public or private bodies to which we must forward personal data to fulfil our legal obligations.
Within our company, data is only processed by persons whose area of responsibility makes this necessary.
d) Is data transferred to a third country or to an international organisation?
We do not transfer your data to third countries or other international organisations.
e) How long will my data be stored?
Your personal data will be retained for the duration of our business relationship, as well as after its termination, if and to the extent that further storage is necessary to comply with legal obligations or protect our legitimate interests. We may retain personal data based on applicable data protection law during or
f) Am I obligated to provide data?
The above personal data is necessary to manage our business relationship. If you do not provide required personal data, we may not be able to fulfil our legal obligations and may have to consider whether we can continue the business relationship.
g) To what extent is there automated decision-making (including profiling)?
We do not carry out automated decision making/profiling.
8. Processing of employee data
a) What sources and data do we use?
We process the following categories of personal data:
- Basic data (e.g., surname, first name, place of birth, date of birth, contact details, address, bank details, social security information, marital status)
- Information about your education and professional career (e.g., school, further qualifications such as training and/or studies including the relevant certificates), references from previous employers
- Information you have made public on the internet, such as work-related social networks (e.g., Xing, LinkedIn)
- Information about your employment with us (e.g., current and previous positions, reporting lines, use of company infrastructure and IT systems, performance data).
- Information that is required for the establishment, implementation, and termination of the employment relationship or which we are legally obliged to process (e.g., information relevant to tax and social insurance, attendance and absence data, religious affiliation). This may also include information about your health (e.g., periods of incapacity for work, degree of disability).
We usually receive the aforementioned information from you, but some may be provided by external third parties (e.g., financial or social security authorities or recruitment agencies).
b) Why do we process the data (purpose of processing) and on what legal basis?
We process your data to establish, implement, and terminate your employment. As a rule, this also includes passing on necessary information about you to our customers for whom an assignment is being considered or carried out.
Furthermore, we process your data to fulfil legal obligations based on a legitimate interest. The legal basis for this processing is Article 26 (1) BDSG (in Germany) or Article 37 (2) DSG (in Austria), Article 6 (1) c) and f) DSGVO, as well as your consent, if you have given it.
c) Who receives my data?
We may share your data with the following third parties:
- Our parent company ABLE Management Services GmbH, which provides central services for us to manage the employment relationship (e.g., central personnel administration, accounting, salary processing, legal advice), as well as to protect our legitimate interest in efficient personnel management across the group.
- Public bodies, such as financial and social security authorities
- Private bodies to which we are obliged to transmit certain data (e.g., health insurance companies)
- Our customers, if and to the extent that they want to contact you, if an assignment is being considered, or if a project is being carried out
- Other companies in our group of companies, insofar as this is necessary for the processing of your employment relationship, we have a legitimate interest in the transfer, or you have given us your consent to do so. You can view a current list of these companies on the intranet. A legitimate interest exists in the transmission to the other group companies mentioned in Section 8 for the purpose of examining possible employment opportunities in projects of the companies. In this context, FERCHAU GmbH, FERCHAU Automotive GmbH and FERCHAU Austria GmbH act as joint data controllers within the meaning of Article 26 DSGVO, as described in Section 1.
- Private entities that act as service providers (e.g., in provision and administration of our IT systems, to take over administrative tasks in personnel and administration or legal counsel).
d) Is data transferred to a third country or to an international organisation?
We may transfer data to Switzerland for the purposes mentioned above. The European Commission has determined that Switzerland has an adequate level of protection for personal data transferred there from the EU (‘adequacy decision’). You can view this decision at datenschutz.hessen.de.
e) How long will my data be stored?
We process and store your personal data if it is required to fulfil our contractual and legal obligations.
If the data is no longer required to fulfil contractual or legal obligations, it is deleted, unless its further processing for a limited period is legally required.
f) Am I obligated to provide data?
The provision of data is generally necessary for the implementation of your employment relationship. If you do not provide required data contrary to a legal or (ancillary) contractual obligation, we may not be able to maintain an employment relationship with you.
g) To what extent is there automated decision-making (including profiling)?
We do not carry out profiling.
9. Contact details of the FERCHAU companies as part of the ABLE GROUP
FERCHAU GmbH
Steinmüllerallee 2,
51643 Gummersbach,
Fon +49 2261 5011-0
info@ferchau.com
FERCHAU Automotive GmbH
Steinmüllerallee 2,
51643 Gummersbach,
Fon +49 2261 5011-0
info@ferchau.com
FERCHAU Austria GmbH
Hafenstraße 2a
A-4020 Linz,
Österreich
Fon +43 732781222
linz.zentrale@ferchau.com