Data protec­tion

This privacy policy specifies principles concerning the processing of personal data of job applicants, employees, clients, contractors, persons representing clients and contractors, contact persons indicated by clients, contractors, as well as users of the website of FERCHAU POLAND Spółka z ograniczoną odpowiedzialnością. In our activities, we comply with the provisions of Regulation (EU) 2016/679 of the Parliament and of the Council of 27 April 2016. (GDPR).

Controller of personal data

The Controller of your personal data is

The Controller of your personal data is FERCHAU POLAND Spółka z ograniczoną odpowiedzialnością with its registered office in Gdańsk, ul. Trzy Lipy 3, 80-172 Gdańsk, KRS number 0000450550.

You can contact us on matters relating to data protection by writing to: privacy@ferchau.com or by calling +49 2261 5011-0.

Purposes of processing personal data

If you are:

A job candidate - Your data is processed: 

• for the recruitment process based on Article 6(1)(c) GDPR, i.e. our legal obligation to collect the data of job applicants within the scope specified by the provision of Article 22¹ § 1 of the Labour Code – which refers to the following personal data: first name, surname, date of birth, contact information provided by you, education, professional qualifications and employment history. Any personal data beyond the scope indicated in Article 22¹ of the Labour Code are processed on the basis of Article 6(1)(a) GDPR, i.e. your consent. If you consent to further processing of the data contained in your recruitment documents for the purpose of participating in future recruitments, your data will be processed on the basis of your consent for the purposes of participating in future recruitments (Article 6(1)(a) GDPR), and also on the basis of Article 6(1)(f) GDPR, on the basis of the legitimate interest pursued by the administrator, which is the establishment, exercise of possible claims or defense against such claims.

An employee - Your data is processed:

• for the purpose of employment, for the performance of the employment contract and maintenance of your personal file, as well as for the execution of employment-related benefits (a.o. obligations related with Social Insurance Institution and tax obligations).
• The basis for the processing of your personal data within the scope specified in Article 22¹ § 1 and 3 of the Labour Code, i.e. your name and surname, date of birth, contact details indicated by you and address of residence, your education, professional qualifications and employment history, as well as your PESEL no. (or, in the absence thereof, type and number of an identity document), the number of the payment account to which we pay your remuneration and other personal data the provision of which is a condition for exercising your rights related to employment and for the fulfilment of the administrator's obligations related to your employment is Art. 6(1)(c) GDPR, i.e. the necessity for compliance with a legal obligation to which the controller is subject, and the basis for the processing of your special categories of personal data, such as concerning health is Article 9(2)(b) and (h) GDPR - the processing of special data (concerning health) is necessary for the fulfilment of obligations and the exercise of specific rights by the controller or the data subject in the field of labour law, social security and social protection.
•  Another legal basis for the processing of your data in employment is Article 6(1)(f) GDPR - the processing is necessary for the purposes of the legitimate interests pursued by the controller. This legitimate interest of the controller as an employer is to ensure security at the workplace, including information security, processing for internal administrative purposes, identification and efficient communication, maintenance of business contacts and performance of contracts concluded with the controller's clients, as well as the establishment, exercise of possible claims or in order to defend against such claims (in this respect also Article 9(2)(f) GDPR).
•  The processing of your data may also be based on your consent - Article 6(1)(a) GDPR - consent for the transfer of personal data to third parties providing additional benefits dor employees.

A party to a contract concluded with us (clients, contractors) - your data is processed:

• in order to take steps to enter into a contract and in order to perform a contract concluded with us, on the basis of Article 6(1)(b) GDPR, i.e. the fact that the data are necessary for the conclusion and performance of a contract binding us or to take action at the request of the data subject prior to entering into a contract.
• in order to comply with legal obligations to which the controller is subject on the basis of Article 6(1)(c) GDPR, i.e. the fulfilment of obligations arising, inter alia, from tax and accounting regulations.
• in order to maintain the business relationship, as well as the establishment, exercise of possible claims or in order to defend against such claims - on the basis of Article 6(1)(f) GDPR, i.e. on the basis of our legitimate interest to be able to maintain the business relationship and establish,  exercise or defend against claims.
• in the case of freelancers and persons cooperating with us under civil law contract - on the basis of Article 6(1)(a) GDPR - your consent to the transfer of personal data to external providers of additional services in order to provide access to these services.

A contact person at our client or contractor or a person representing the client/contractor - your personal data is processed:

• for the proper execution of contracts, the conduct of negotiations and other activities aimed at concluding contracts, and the legal basis for the processing is Article 6(1)(f) GDPR, i.e. our legitimate interest in being able to conduct our business and maintain business relationship and execute the contracts concluded with our clients, contractors, as well as for the purpose of establishment, exercise and defending against possible claims arising from the contract.

Recipient of marketing information including our newsletter - your data is processed:

• for the purpose of sending marketing information about the products and services offered by us, including the newsletter, and the processing of your personal data is based on your consent, i.e. Article 6(1)(a) GDPR.

A visitor to our website - your data is processed:

• in order to keep statistics on website visits - on the basis of Article 6(1)(f) GDPR, i.e. our legitimate interest to analyse website visits in order to ensure its effective operation, to adapt its functionality and content to users' preferences, and for statistical, marketing purposes. For details in this regard, see Processing of personal data of website visitors section.

A person who contact us via the contact form available on the website - your data is processed:

• in order to respond to messages, queries sent to us via the form - on the basis of Article 6(1)(f) GDPR, i.e. our legitimate interest in responding to messages and queries.

How we obtain your data

In most cases, data is obtained directly from you. However, it may also be provided to us indirectly - by your employer, coworker, partner indicating you as a contact person, by the recruitment agency we use.​​

In the case of obtaining the data of contact persons or representatives of client, contractors, we process data such as name, surname, business e-mail and business telephone, position held, data contained in public registers (KRS, CEIDG).

Recipients of data 

The recipients of your personal data may be entities that cooperate with us or providing services to us, such as courier companies, translation agencies, notary offices, law firms, banks, providers of hosting, email, cloud solutions, external IT service providers. Personal data may be accessed by authorities or entities authorised under separate regulations (e.g. Social Security Institution, tax authority, courts, bailiffs, regulatory and supervisory bodies).

In addition, data is transferred to our affiliated entity ABLE Management Services GmbH, which provides accounting, HR and payroll services, recruitment services, provides and operates server space on which the data is stored.

In addition, employee data may be passed on to clients or other contractors in connection with the performance of contracts, as well as to cooperating entities for health and safety services, insurance cover, medical care or to cooperating entities providing additional benefits.

The data of contractors (freelancers) and persons cooperating with us on the basis of civil contracts may be passed on to clients or other contractors in connection with the performance of contracts, as well as to cooperating entities providing additional benefits.

Transfer of data to third countries

We do not transfer data to third countries or international organisations.

Data retention period

If the purpose of the processing of personal data is:

• Recruitment - the data will be stored for the duration of the recruitment process and will be deleted within 6 months from the end of the recruitment process. If the data is processed on the basis of your consent, the data will be processed until you withdrawn your consent, but no later than 6 months  after the end of the recruitment process. Where consent has been given to process data for the purpose of participating in future recruitment processes, data will be processed until consent is withdrawn, however no longer than one year.
• Employment - personal data will be stored until the expiry of a legal obligations to which the controller is subject, in particular data contained in personal files and in documentation related to the employment relationship (e.g. payroll, pay slips, time records) will be kept for a period of 10 years from the termination of the employment relationship (personal documentation) Personal data contained in tax or accounting documentation will be kept until the expiry of data retention obligations under specific legislation, i.e. 5 years, or until expiry of limitations of possible claims. Other personal data will be kept for the duration of the contract and until the statute of limitations for claims under the employment contract.Personal data processed on the basis of consent - until the consent is withdrawn or the relationship with the administrator is terminated, and then for the period of limitation of possible claims.
• Performing the contract or taking steps to conclude the contract - personal data is stored until the completion of these steps or the duration of the contract, until the expiry of the legal obligation imposed on us, and then for the period of limitation of any claims arising therefrom;
• To establish and maintain business relationships - your data will be stored for the duration of our business relationship or until you object to the processing in accordance with Article 21 GDPR;
• Responding to enquiries and messages contained in forms - your data will be stored for a period of 6 months.
• Marketing and sending the Newsletter - data will be stored until you withdraw your consent.
• Keeping statistics of website visits - data in the form of IP address will be stored for a period of 5 years.
• Establishing, exercising and defending against claims - data will be stored until the period of limitation of claims, which period results from the provisions of law.

Your rights

You are entitled to:

• access to your personal data;
• rectify your personal data;
• request the erasure of your data;
• restrict processing;
• data portability;
• object to processing - where your personal data is processed on the basis of Article 6(1)(f) GDPR, i.e. our legitimate interest;
• lodge a complaint with a supervisory authority – Polish President of the Personal Data Protection Office, address: 2 Stawki Street, 00-193 Warsaw;
• withdraw your consent to the processing of your personal data - in the event that your data is processed on the basis of Article 6(1)(a) GDPR, i.e. your consent; you may withdraw your consent to processing at any time, however, the withdrawal of your consent to processing your data shall not affect the lawfulness of the processing on the basis of your consent prior to its withdrawal.

To exercise the rights indicated above, please contact us by email at: privacy@ferchau.com or by telephone at: +49 2261 5011-0

What are the consequences of not providing data?

We ensure that we process your personal data only to the extent that it is necessary for the purpose for which the data has been collected.

Provision of personal data to the extent required by law is mandatory, and the refusal to provide such data will result in the impossibility of establishing an employment relationship.

Where the obligation to provide data does not arise from the law, the provision of personal data is voluntary, but failure to do so may prevent the purpose for which they were to be collected. 

Automatic decision-making including profiling

Your data will not be subject to automated decision-making including profiling.

Processing of personal data of website visitors

The use of the website does not require you to provide any personal data, however, entering the website is equivalent to the Administrator collecting certain information about you stored in cookies in the cache memory of your device.

• Log files
  When you use the site, we automatically collect information about your behavior and interactions taken on the site, as well as data about your computer or mobile devices. We collect, store and use data about each access to our website (so-called server log files). The access data includes the name and URL of the file accessed, the date and time of access, the amount of data transferred, the message about successful access (HTTP response code), browser type and version, operating system, referrer URL (i.e., the previously visited page), IP address and the requesting provider. We use this protocol data without assigning it to you personally or otherwise profiling it 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 scope 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. This information allows us to provide personalised and location-based content and to analyse traffic, troubleshoot and improve our services. We reserve the right to check the log data retrospectively if there is a justified suspicion of unlawful use based on concrete evidence. We store IP addresses in the log files for a limited period if this is necessary for security purposes or for a service provision. We also store IP addresses if we have a concrete suspicion of a criminal offence in connection with the use of our website. In addition, we store the date of your last visit at some points (e.g., when registering, logging in, clicking on links, etc.).
• Cookies
  We use cookies to make our offer as user-friendly as possible. Cookies are small text files that are stored by your internet browser. With the help of these files, we can recognise the preferences of our visitors when they browse the website and design our website accordingly. Most of the cookies we use are called session cookies. They are automatically deleted when you leave the website. The ‘lbpersistence’ cookie is used to control load balancing on our servers. We also use permanent cookies. No personal data is collected via our cookies; they are also not suitable for making you identifiable on third-party websites, unless otherwise stated in this data protection declaration regarding specific tools. You can adjust your browser settings to notify you when cookies are set. In this way, the use of cookies becomes transparent for you. You can generally reject cookies via your browser settings. However, this may mean that you cannot use all the functions of our website.
• Google Analytics
  On our website, we also use Google Analytics, a web analytics service provided by Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (‘Google’), to help us continuously improve our website. Google Analytics also uses cookies that are stored on your computer and enable an analysis of the use of this website. The website uses an enhanced version of Google Analytics for the purpose of anonymised collection of IP addresses (also known as IP masking). Google will use the data collected on our behalf for the purpose of evaluating your use of the website, compiling reports on website activity, and providing other services relating to website activity on our behalf. The IP address transmitted by your browser as part of Google Analytics will not be merged with any other data held by Google. You can deactivate the storage of cookies by changing the corresponding settings of your browser software. Please note that in this case you may not be able to use all the functions of the website to their full extent. You can also prevent the data generated by the cookie regarding your use of this website (including your IP address) from being recorded and transmitted to Google and the processing of this data by Google by downloading and installing the browser plug-in available at the following link: tools.google.com; an opt-out cookie will then be installed which prevents the collection of your data when visiting this website. Further information on data protection at Google Analytics is available at the following links: www.google.com/analytics and www.google.com/privacyoverview.html.
• Marketing activities
  When visiting our website, cookies are sometimes set by the technology of Google Inc (‘Google’), which are used for general marketing, retargeting and statistical purposes. These cookies can be used to trigger personalised advertising on external websites. In this process, too, we generate only anonymised user data. Most browsers are automatically set to accept cookies. However, if you wish, you can configure your browser to restrict or completely block cookies by changing your browser settings.
• Moccabirds Conversion Tracking
  This website uses Moccabirds Conversion Tracking, a service provided by Moccabirds GmbH, Sichelstr. 6, 54290 Trier, Germany. Here, the conversion rate (applications submitted) is measured by means of a tracking pixel (gtag). The results cannot be traced back to a natural person.
• Customer Relationship Management (CRM)
  Data that you provide to us via our website (e.g., in application forms, consent queries) is currently used in the Salesforce Sales Cloud (salesforce.com Germany GmbH, Erika-Mann-Str. 31, 80636 Munich) on servers in Germany and France to handle sales and recruiting processes. The data in the Salesforce Sales Cloud is used exclusively by us. The processing of your data in the Salesforce Sales Cloud is based, where relevant, on our legitimate interest in using a CRM system in accordance with Article 6 (1) f) EU-DSGVO, otherwise on your consent in accordance with Article 6 (1) sentence 1 a) EU-DSGVO.
• Plug-ins and tools
  YouTube: Our website uses plug-ins provided by the website operated by Google: YouTube. The sites are operated by YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. When you visit one of our pages equipped with a YouTube plugin, a connection to the YouTube servers is established. This transmits to the YouTube server which pages of our website you have visited. If you have logged into your YouTube account, you enable YouTube to link your surfing habits directly to your personal profile. You can prevent this by logging out of your YouTube account. For more information on the handling of user data, please refer to YouTube’s privacy policy at: policies.google.com/privacy
  Google Web Fonts: This website uses web fonts from Google to ensure a consistent display of fonts. When a page is called up, your browser loads the necessary web fonts into your browser cache so that texts and fonts are displayed correctly. For this purpose, web fonts are stored on our servers. No data is transmitted to Google. If your browser does not support web fonts, a standard font from your computer will be used. Further information about web fonts from Google is available at developers.google.com/fonts and under Google's data protection notice: www.google.com/privacy. Google Maps: This website uses the mapping service Google Maps via an API. Google Maps is provided by Google. Your IP address must be stored for you to use the functions of Google Maps. 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. For further information on the handling of user data, please refer to Google’s data protection notice: www.google.de/privacy.
  Pingdom: This website uses Pingdom, a tool for measuring the performance of websites. The tool is provided by Solarwinds Software Europe Ltd, Unit 1101, Building 1000, City Gate, Mahon, Cork, Ireland. Pingdom stores certain information about the visitor's surfing behaviour locally on the visitor's computer, including a session ID, information about the browser used, visiting times and whether the visitor has visited the site before within 30 days. This information cannot be linked to natural persons but is only used for the purpose of anonymous evaluations of the website's performance, including website loading time, active sessions, users by country, platform (desktop, phone, tablet), browser, most visited pages. Further information on this can be found at https://help.pingdom.com.
• Links to other websites
  Our website also provides links to other offers (including our online presence on Facebook, YouTube, Google+, LinkedIn and Instagram). These links are not ‘social plug-ins’ (i.e., buttons that allow the operator providing the corresponding offer to already collect information about the users of our website when they access our website). However, please note that when you access this other offer, information (possibly including personal data) about your visit may be collected by the operator of this offer. Further information can be found in the data protection notice of the operator of the relevant offer.

IMPRINT​

The website https://www.ferchau.com/pl/en is the property of FERCHAU POLAND Spółka z ograniczoną odpowiedzialnością with its registered office in Gdańsk, ul. Trzy Lipy 3, 80-172 Gdańsk

All content contained on this website, including text, graphics, photographs, trademarks, is protected by law. Copying, duplication or use for one's own purposes of the content posted on this website is prohibited.

Liability for content on the website

The content on our website is for informational purposes only. For more information related to our business or product offerings, please contact the owner of the site - contact details are indicated in the "Contact" tab.

FERCHAU POLAND Sp. z o.o. shall not be held liable for the content posted on our website unless it has obtained reliable information on its unlawful nature.