Data protec­tion notices for busi­ness part­ners

1. Who is responsible for data processing and who is the dedicated contact?

Responsible organisation (Data Controller) is:

FERCHAU GmbH
Steinmüllerallee 2
51643 Gummersbach, Germany
Phone +49 2261 5011-0
info@ferchau.com

You may contact our data protection officer at:

Data protection representative
FERCHAU GmbH
Steinmüllerallee 2
51643 Gummersbach, Germany
Phone +49 2261 5011-0
datenschutz@able-group.de

2. Which sources and data do we use?

Within the scope of our business contact, we may process, in particular, the following personal data:

• Personal basis data, e.g., your name, your function, business contact data (address(es), telephone and fax numbers, email addresses) and other contact data.
• Other business relevant information, e.g., your industry, previous business activities, your business history with us
• Additional personal information you provided to us (e.g., your birthday, hobbies)
• Contract data, such as customer number, bank data, tax number / VAT-ID
• Photos that you provide to us or photos made during events, which you attended as participant.
• Creditworthiness information
• Data for the processing of payment transactions
• Personal data from publicly accessible sources (e.g., commercial register, creditworthiness information provided by Creditreform) that we are permitted to process.

In general, we receive the aforementioned information from you (except for the last Item). We may receive additional data from your employer, your colleagues or third parties or collect additional data from publicly accessible sources (e.g., websites of your company, professional social networks).

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

We process your personal data for the proper processing and further development of our business relationship, to meet our legal obligations to which we are subjected and inasmuch as and insofar it is required for our legitimate interests, unless your interests or your fundamental rights and freedoms are overriding.

The legal basis for this processing is in particular Art. 6 (1) point b) and Art. 6 (1) point f) GDPR or your consent, if you provided your consent to us.

4. Who receives my data?

We may forward your data to the following recipients:

• Companies of our group of companies, to initiate additional business contacts
• Companies outside of our group of companies, if this is required for the initiation or processing of an order
• Public entities, such as tax and social security authorities and other public or private entities to which we are required to transfer personal data to meet our legal obligations

Within our company, data is only processed by persons, whose job requires this processing.

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

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

6. How long is may data stored?

Your personal data are stored and kept with us during our active business relationship, but also after the termination of this business relationship inasmuch as and insofar continued storage of your personal data is required to meet statutory retention obligations or to safeguard our legitimate interests. Based on applicable data protection law, we are permitted to erase or block personal data during or after our business relationship.

7. Which data protection rights do I have?

Each data subject has the right of access pursuant to Article 15 GDPR, the right to rectification pursuant to Article 16 GDPR, the right to erasure pursuant to Article 17 DSGVO, the right to restriction of processing pursuant to Article 18 GDPR, the right to object under Article 21 GDPR, as well as the right to data portability under Article 20 GDPR. In the case of the right of access and the right to erasure the restrictions pursuant to Sections 34 and 35 BDSG [Federal Data Protection Act] apply. In addition, a data subject has also a right to lodge a complaint with a supervisory authority (Article 77 GDPR in conjunction with Section 19 BDSG [Federal Data Protection Act].

You have the right to withdraw your provided consent to processing at any time by giving a notice to the controller. This provision also applies to the withdrawal of declarations of consent provided to us before the EU General Data Protection Regulation,  i.e. before 25 May 2018. Please note that the withdrawal is only with future effect. Accordingly, processing before the withdrawal is not affected. Please note that we, in spite of the withdrawal of your consent, are permitted under certain circumstances to continue to process your personal data, in whole or in part, based on a  statutory exception permitting further processing.

8. Do I have a duty to provide data?

We need some of the aforementioned personal data for the correct processing of our business relationship.

Should you, however, not provide required data to us, we may possibly not be able to meet our legal duties and must possibly assess, whether we should continue our business relationship with you.

9. To which extent is automated decision-making applied (including Profiling)?

We do not apply automated decision-making / profiling.

Information on your right to object  pursuant to Article 21 EU General Data Protection Regulation (GDPR)

You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you, which is based on Article 6 (1) point (e) GDPR (data processing in the public interest) and Article 6 (1) point (f) GDPR (data processing based on weighing of interests); including profiling based on these provisions within the meaning of Article 4 No. 4 GDPR.

If you object, your personal data is no longer processed, unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing is related to the establishment, exercise or defence of legal claims.

An objection does not require a certain form.