Connecting People and Technologies for the Next Level

Infor­ma­tion Clause for Employees

Privacy policy updated on: 12/27/2023

Pursuant to Article 13 of the General Data Protection Regulation of April 27, 2016. (Official Journal of the EU L 119 of 04.05.2016), hereinafter referred to as "GDPR", informs you that:

  1. 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.
  2. Any enquiries related to personal data protection can be directed via e-mail to: privacy@ferchau.com or via phone by calling: +49 2261 5011-0.
  3. Your personal data are processed for the following purposes and on the basis of:
    • 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 authorities).
    • 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 employee benefits.
  4. Recipients of your personal data may be entities cooperating with the controller and providing services to the controller, 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. Your 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.
  5. We do not transfer data to third countries or international organisations.
  6. Your 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 the statute of limitations for claims. Other personal data will be stored 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.
  7. You have the right to request from the controller access to your personal data, rectification, erasure or restriction of processing, as well as the right to personal data portability.  
  8. You have the right to object to processing - where your personal data is processed on the basis of Article 6(1)(f) GDPR, i.e. our legitimate interest.
  9. You have the right to lodge a complaint with a supervisory authority – Polish President of the Personal Data Protection Office, address: 2 Stawki Street, 00-193 Warsaw.
  10. You have a right to 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.
  11. Providing 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 make it impossible to fulfil the purpose for which the data were to be collected.
  12. Your data will not be subject to automated decision-making, including profiling.
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