Information on the data protection policy under the General Data Protection Regulation (GDPR) concerning access and use in France of the website: www.ferchau.com
The protection of your personal data is a priority for us and we want you to feel safe when you visit our website. We comply with the provisions of data protection legislation, in particular the EU Data Protection Regulation EU 2016/679 of 27 April 2016 from the European Parliament and of the Parliament of Europe (GDPR) as well as each of the legal and regulatory provisions in force in France regarding personal data and in particular the French Data Protection Act (“Loi informatique et libertés”) no. 78-17 of 6 January 1978.
This data protection information informs you what information (including personal data) we collect directly or indirectly and process when you visit and browse our website www.ferchau.com (hereinafter the «website»).
We implement organisational and technical measures, including software and physical security features and procedures, as well as training for our employees, to protect personal data from alteration, destruction, disclosure and unauthorised access. In addition, we have safeguards in place to ensure that data transferred to our contractors remains protected by appropriate technical and organisational measures. However, it should be noted that the Internet is not a completely secure environment and we cannot fully guarantee the security of the transmission or storage of such information. In any case, we draw your attention to the risks inherent in the dissemination of personal data on electronic communication networks.
I. Who is responsible for processing the data?
Your data is collected, stored and, where applicable, transferred to business partners (prospects, customers, etc.) or individuals (including employees, corporate officers, or legal representatives of such business partners) and processed by our parent company and subsidiary of the ABLE GROUP acting as the Data Protection Officer (DPO):
Steinmüllerallee 2, D-51643 Gummersbach, Germany
Tel.: +49 2261 5011-0
The functions of the Data Processing Officer (“DPO”) are performed by
The company ABLE Management Services GmbH
Steinmüllerallee 2, D-51643 Gummersbach, Germany
Tel.: +49 2261 5011-0
II. What data do we process?
You can access, use, and browse our website without providing any direct personal information (such as your name, mailing address). However, to enable you to access, use and browse our website, we must collect and store certain information.
1. Log files and log data: We collect information about you when you use this website. We automatically collect information about your usage patterns and interaction with us and store data on your computer or mobile device. We collect, store and process data whenever you access our online offer (“server log files”). Access data includes the name and URL of the file accessed, date and time of access, volume of data transferred, notification of successful access (HTTP response code), browser type and version, operating system, referring URL (i.e., the page previously visited), IP address and the requesting provider. We use this protocol data without assigning it to you personally or creating a profile for statistical evaluations for the purpose of the operation, security and optimisation of our online offer, but also for the anonymous recording of the number of visitors to our website (traffic) as well as the extent and type of use of our website and services, as well as for accounting purposes to measure the number of clicks received from cooperation partners. Based on this information, we can provide personalised, anonymised, and localised content, analyse traffic, troubleshoot and correct errors, and improve our services. We reserve the right to subsequently check the log data if there is justified suspicion of illegal use based on concrete indications. We store IP addresses in the log files for a limited period if this is necessary for security purposes or for the provision of services. We also save IP addresses if we have concrete suspicion of a criminal offence in connection with the use of our website. We also record the date of your last visit (e.g., when registering, logging in, clicking on links, etc.).
2. Electronic newsletter: On our website, we offer you the possibility to order or subscribe to our electronic newsletter. The information required for this purpose is specified in the order or subscription form and generally includes your first and last name, company, position, country of origin and email address. Required fields are marked with an asterisk. The personal data collected is used to manage and send the newsletter and to enable us to manage subscriptions.
3. Contact: If you contact us via any of the options offered on our website, we will process all personal data contained and indicated in your message in order to process and respond to your request and to enable us to manage contact and compile statistics related to this service. The information required for this purpose is specified in the contact form; it generally includes your first name and last name, your company, your position, your country of origin and your E-email address. Required fields are marked with an asterisk.
6. Marketing activities: When you visit our website, by using Google Inc. (“Google”) technologies, cookies are set for general marketing, retargeting and statistical purposes. These cookies may trigger personalised advertising on external websites. This procedure also allows us to generate exclusively anonymous user data. Most browsers are automatically set to accept cookies. However, if you wish, you can configure your browser by changing your browser settings to restrict or completely block them.
Moccabirds Conversion Tracking:
This website uses Moccabirds conversion tracking, a service provided by Moccabirds GmbH, Sicherlstr. 6, 54290 Trier (Germany). The conversion rate (submitted requests) is measured by a tracking pixel (gtag). We cannot associate these results with a natural person.
7. Customer Relationship Management (“CRM”):
The data that you may be asked to provide via our website (e.g., via the application form, request for consent) are currently used in the “Salesforce Sales Cloud” (salesforce.com Germany GmbH, Erika-Mann-Str.31, D-80636 Munich, Germany) on servers located in France and in Germany, for the development of sales and recruitment processes. The processing of your data in the “Salesforce Sales Cloud” is based, as far as compatible, on our legitimate interest in implementing a CRM process in accordance with Article 6(1)(f) GDPR or on our consent in accordance with Article 6(1)(a) GDPR.
8. Plug-ins and tools
8.2 Google Web Fonts
This website uses Google fonts in order to ensure a consistent font presentation. When a page is viewed, your browser loads the necessary web fonts into your browser’s cache to ensure that the text and fonts are displayed correctly. Web fonts are stored on our servers for this purpose. A data transfer to Google does not occur. If your browser does not support web fonts, a standard font from your computer will be used. Further information about Google’s web fonts can be found on the site https://developers.google.com/fonts/faq and on Google’s privacy notice: https://policies.google.com/privacy?fg=1
8.3 Google Maps
This website uses Google Maps services via an API. Google Maps is provided by Google. To enable your use of the Google Maps functions, your IP address must be recorded. This data is usually transferred to a Google server in the USA and stored there. The operator of this website has no influence on this data transfer. Further information on the processing of user data can be found in the Google privacy notice: https://developers.google.com/fonts/faq
This website uses Pingdom, a tool for measuring the performance of web pages. The tool is provided by Solarwinds Software Europe Ltd, Unit 1101, Building 1000, City Gate, Mahon, Cork, Ireland. To do this, Pingdom stores certain information about the visitor’s browsing behaviour locally on the visitor’s computer, including a session ID, information about the browser used, the times of the visit, and information about whether the visitor has visited the site in the past 30 days. This information cannot be associated with individuals and is only used for the purpose of anonymous evaluation of website performance, including site load time, active sessions, users by country, platform (desktop, phone, tablet), browser, most frequently visited pages. More information about this can be found at https://help.pingdom.com/hc/en-us/articles/360000903629-What-information-does-Visitor-Insight-store-in-your-visitors-browsers.
9. Links to other websites: Our website also provides links to other websites (including our online presence on Facebook, YouTube, Google+, LinkedIn and Instagram). These links are not “social plug-ins” (i.e., buttons which allow the operator proposing an offer to collect information about our website) users when they access our site). Please note, however, that information, including personal data, if any) about your visit may be collected by the operator of that website when you access it. You can find more information in the privacy notice of the operator of the relevant website.
III. For what purposes and on what legal basis do we process your data?
We only use your personal data in the cases provided for by the regulations in force:
- The performance of a contract we have entered into with you, and/or
- To comply with a legal obligation, and/or
- Your consent to the use of your data, and/or
- The existence of a legitimate interest in using your data. Legitimate interest is a set of commercial or business reasons that justify the use of your data.
- Any personal data contained in the log files is processed to enable you to use our website; the processing is carried out in accordance with Articles 5 et seqq. of the French Data Protection Act (“Loi Informatique et Libertés”) and Article 6(1)(f) GDPR in order to safeguard our legitimate interest in the operation of our website.
- Data collected through cookies (including web analysis services, plug-ins, and tools) and pseudonymised user profiles is processed for advertising and market research purposes as well as for the user-friendly design of our website based on Articles 5 et seqq. of the French Data Protection Act (“Loi informatique et libertés”) and Article 6(1)(f) GDPR in order to safeguard our legitimate interest in an analysis of the use and user-friendly design of our website.
- The data provided when ordering the newsletter will be processed based on Article 6(1)(a) GDPR in order to enable the management and sending of the newsletter
- The processing of data in the context of responding to an inquiry is based on Article 6(1)(f) GDPR in order to safeguard our legitimate interest in establishing and maintaining business contacts. Insofar as your request concerns the conclusion of a contract or precontractual measures, we process your personal data based on Article 6(1)(b) GDPR, in the context of employment based on Articles 5 et seqq. of the French Data Protection Act (“Loi informatique et libertés”).
- In connection with your use of our website, we may also process personal data in order to comply with legal obligations to which we are subject in accordance with Article 6(1)(c) GDPR.
- If necessary, we may process personal data not only for the purposes mentioned above, but also to protect our legitimate interests of third parties, to the extent this takes place in accordance with Article 6(1)(f) GDPR. Our legitimate interests include asserting rights and defending interests in litigation preventing and investigating criminal offences, and managing and developing our business activities, including risk management.
IV. Am I obliged to provide data?
The information required to order the newsletter or to contact us is marked as mandatory data in the corresponding area of this website (e.g., in the corresponding online form). In order to be able to respond to a request made to us, we need at least your name and information on how we can contact you (e.g., your postal address or E-mail address). We will not be able to process your request if the required data or information is not provided.
If we collect additional personal data from you, we will inform you during the collection of your data whether the provision of such data is based on a legal or contractual obligation or is necessary for the conclusion of a contract. In this respect, we generally differentiate between information which can be provided voluntarily and information whose provision is not based on the aforementioned obligations or is not necessary for the conclusion of a contract.
V. Who is my data intended for?
Your personal data is in principle processed within our company. Depending on the type of personal data, only certain departments /organisational entities have access to your personal data. A division of roles and authorisations within our company limits access to the necessary functions and to the required extent.
To the extent permitted by law and regulations, we may also pass on your personal data to third parties outside our company. External recipients may include the following persons:
- Companies belonging to our group insofar as they are involved in the processing or of requests or orders,
- Service providers commissioned by us, who provide services to us based on a separate contract which may include the processing of personal data, as well as all subcontractors commissioned by our service providers with our consent,
- Transport companies involved in the processing of your order,
- Credit institutions involved in the processing of payments,
- Public and non-public bodies, insofar as we are obliged to transmit your personal data due to legal obligations.
Our company only discloses personal data in accordance with applicable regulations. When we share personal data, we ensure that we have adequate contractual arrangements and security measures in place to protect the data in accordance with applicable regulations and our privacy and security standards.
VI. Is automated decision-making used?
In the operation of our website, we do not generally use automated decision-making (including profiling) within the meaning of Article 22 of the GDPR. If we do use such methods in particular cases, we will inform you separately in accordance with the applicable laws and regulations.
VII. Is data transferred to countries outside of the EU/EEA?
As part of our services, plug-ins and web analytics tools, as well as in the course of using our website and contacting us, information may be transferred to recipients in “third countries”, in particular the United States. “Third countries” are countries outside the European Union or the European Economic Area where it cannot be easily assumed that the level of data protection is comparable to that in the European Union. To the extent that the information transferred includes personal data and we are not obliged to transfer the data by virtue of a legal obligation, we will ensure before a transfer that the required adequate level of data protection is met in the third country concerned or by the recipient in that third country. This may take the form of an “adequacy decision” from the European Commission which ensures that an adequate level of data protection has been established for a particular third country. Such an adequacy decision exists for Israel. We may also transfer data, based on EU-approved “Standard Contractual Clauses” agreed with or for recipients in the United States, to the extent and for as long as this is required by applicable data protection laws. Upon request, we will provide you with additional information on appropriate and adequate safeguards to ensure an adequate level of data protection; contact details are provided at the top or this data protection information. For information on the EU standard contractual clauses, please see: www.cnil.fr/fr/les-clauses-contractuelles-types-de-la-commision-europeenne and for information on adequacy decisions, please see: https://ec.europa.eu.
VIII. How long will my data be kept?
We undertake to keep your personal data for a limited and proportionate period, not exceeding that necessary for the purposes go which it is processed.
Personal data is kept for the period necessary to fulfil the purposes indicated below, in particular in order to meet legal obligations.
- Connection, navigation and traffic data is kept for a maximum of one year, in accordance with legal obligations;
- Data concerning your subscription to our newsletter is kept for the duration of your subscription to our newsletter;
- Personal data used for commercial prospecting purposes is kept for a period of three years from the end of the commercial relationship.
It is specified that all this personal data may however be kept for longer than the above-mentioned periods:
- Either after obtaining your consent;
- Or as long as we have a legitimate interest in retaining it and that interest outweighs your interest on ceasing such storage.
We may continue to store data without having a legitimate interest if we are legally required to do so (e.g., in order to fulfil archiving obligations). We will delete your personal data without your involvement as soon as the data is no longer required for the purposes of processing or as soon as its storage is no longer permitted by law.
Personal data which we are required to retain in order to fulfil our archiving obligations will be retained until the expiry of that obligation. Insofar as we only store personal data to fulfil the archiving obligations, the data is generally blocked so that it can only be accessed if necessary for the purposes of the archiving obligation.
IX. What are my rights?
The following rights are only valid:
- For individuals in the EU for whom we process data as described above, provided that the processing is related to the provision of products or services or the data subject’s behaviour is monitored within the EU.
- For individuals whose personal data is processed in the context of the company’s business, whether or not the processing takes place in the EU.
a) The right to object under Article 21 GDPR
You have the right to object at any time or when your consent is required, on grounds related to your specific situation, to processing of your personal data based on Article 6(1e) or (1f) GDPR on grounds related to your specific situation, including profiling on these provisions. If you object to the processing, we will no longer process your personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or for the establishment, exercise, or defence of legal claims. However, please note that such objection or revocation of consent may affect your ability to access our website.
If we process your personal data for marketing purposes, you have the right to object at any time to the processing of our personal data for such marketing purposes, including profiling insofar as it is related to such marketing. If you object to the processing for marketing purposes, your personal data will no longer be processed for such purposes.
b) Other rights
As a data subject, you have the following rights:
- Information about your personal data, Article 15 GDPR
- Rectification of incorrect or incomplete data, Article 16 GDPR
- Erasure of personal data, Article 17 GDPR
- Restriction of processing, Article 18 GDPR
- Data portability, Article 20 GDPR
You may revoke your consent to the processing of data at any time in the future. A notification by E-mail to the following address: firstname.lastname@example.org sufficient for this purpose. Any processing of data prior to the date of your revocation remains lawful. We would like to inform you that data processing may nevertheless continue despite the revocation of your consent if another legal basis (e.g. Article 6(1)(b) GDPR or Article 6(1)(f) GDPR) has been established.
To exercise your rights, you can contact us at any time by using, for example, one of the contact options listed at the top or this data protection information.
Furthermore, you also have the right to lodge a complaint with the data protection authority, Article 77 GDPR, and in particular in France with the CNIL.