Data protec­tion infor­ma­tion for employees

Privacy policy status: 21.02.2020

Data protec­tion infor­ma­tion for employees accor­ding to the EU General Data Protec­tion Regu­la­tion

1. Who is responsible for data processing and who can I contact?

Responsible for data processing:
FERCHAU GmbH
Steinmüllerallee 2
51643 Gummersbach, Germany
Phone: +49 2261 5011-0
E-Mail: info@ferchau.com 

You can reach our company data protection officer at:

Data Protection Officer
FERCHAU GmbH
Steinmüllerallee 2
51643 Gummersbach, Germany
Phone: +49 2261 5011-0
E-Mail: privacy@ferchau.de 

2. What sources and data do we use?

We process the following categories of personal data:

  • Master data (e.g. surname, first name, place of birth, date of birth, contact details, address, banking details, social insurance information, marital status)
  • Information about your education and professional background (e.g. school education, other qualifications such as studies, including the relevant certificates), references from previous employers
  • Information that you have made public on the Internet, e.g. in job-related social networks (e.g. Xing, LinkedIn)
  • Information about your employment with us (e.g. current and past positions, reporting lines, use of corporate infrastructure and IT systems, performance data)
  • Information that is necessary for the establishment, performance and termination of the employment or that we are legally obliged to process (e.g. tax and social insurance relevant information, attendance and absence data, religious affiliation). This may include information about your health (e.g. periods of sick-leave, degree of disability).

Usually, we receive the this information from you. Some information may also be provided to us by external third parties (e.g. financial or social security authorities or recruitment agencies).

3. What do we process the data for (purpose of processing) and on which legal basis?

We process your data for the establishment, performance and termination of your employment relationship. Usually, this also includes sharing of necessary information about you with our customers.

Furthermore we process your data for the fulfilment of our legal obligations, as well as on the basis of a justified interest in the processing of your data.

The legal bases for these processing operations are GDPR Art. 6 Paragraph 1 lit. c) and f), as well as your consent, if you have given us such a consent.

4. Who receives my data?

We may forward your data to the following third parties:

  • Our parent company ABLE Management Services, which provides us with central services for the processing of employment relationships (e.g. central personnel administration, accounting, payroll, legal advice), as well as for safeguarding our legitimate interest in group-wide, efficient personnel management.
  • Public institutions such as financial and social security authorities
  • Private parties to whom we are obliged to transmit certain data (e.g. health insurance companies)
  • Our customers, if they have to contact you or if an assignment with these customers is considered or actually carried out
  • Other companies within our group of companies, if this is necessary for the performance of your employment relationship, if we have a justified interest in the transfer or if you have given us your consent to this. You can view a current list of the group companies on the Intranet.
  • Private entities that work for us as service providers (e.g. providing and administering of our IT systems, executing administrative tasks in the personnel and administration area or providing legal advice).

5. Are data transferred to a third country or to an international organisation?

We may also transmit data to Switzerland under consideration of the aforementioned purposes. For Switzerland, the European Commission has established an adequate level of protection for personal data transferred from the EU ("adequacy decision"). You can download this decision at https://datenschutz.hessen.de

6. How long will my data be stored?

We process and store your personal data as long as it is necessary for the fulfilment of our contractual and legal obligations.

If the data are no longer required for the fulfilment of contractual or legal obligations, they are regularly deleted, unless temporary further processing is necessary for legal reasons.

7. What data protection rights do I have?

Every affected person has the right of access under Article 15 GDPR, the right of rectification under Article 16 GDPR, the right to erasure under Article 17 GDPR, the right to restriction of processing under Article 18 GDPR, the right to object under Article 21 GDPR and the right to data portability under Article 20 GDPR. You can revoke your consent to the processing of personal data at any time by contacting the responsible body. This also applies to the revocation of declarations of consent given to us prior to the application of the EU General Data Protection Regulation, i.e. before 25 May 2018. Please note that the revocation will only take effect in the future. Processing of data that took place before the revocation are therefore not affected by a revocation.

8. Is there an obligation for me to provide data?

The provision of the aforementioned data is necessary for the performance of your employment relationship. If you do not provide us with the necessary data in contravention of a legal or (ancillary) contractual obligation, we may not be able to maintain the employment relationship with you.

9. To what extent is there automated decision-making (including profiling)?

We do not perform profiling.

Information about your right of objection according to Article 21 EU General Data Protection Regulation (GDPR)

1. right of objection in individual cases

You have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data concerning you on the basis of Article 6(1)(e) of the GDPR (processing of data in the public interest) and Article 6(1)(f) of the GDPR (processing of data on the basis of a balancing of interests); this also applies to profiling based on this provision within the meaning of Article 4(4) of the GDPR.

If you file an objection, we will no longer process your personal data unless we can prove compelling reasons for processing worthy of protection which outweigh your rights, interests and freedoms, or it serves the assertion, exercise or defence of legal claims.

2. right of objection against the processing of data for advertising purposes

In individual cases we process your personal data for direct advertising. You have the right at any time to object to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling in so far as it is connected with direct advertising.

If you object to the processing for purposes of direct marketing, we will no longer process your personal data for these purposes.
The opposition can be made without any formal requirements.