Status of the privacy policy: 01/16/2025

Data protection information of FERCHAU GmbH as part of the FERCHAU Group (hereinafter referred to as FERCHAU) for applicants, business partners and employees

Data protection is a particularly high priority for the FERCHAU companies. Therefore, uniform processes and procedures have been established in all the companies of the group of companies mentioned herein in order to ensure a high level of data protection when processing your personal data. In the following, we provide information on the collection of personal data in the context of job advertisements for which you apply to us. These data protection notices also contain information for persons with whom we already have a business relationship or who have an employment/service relationship with a FERCHAU company.

1. person(s) responsible for data processing

a) Individual responsible person

The FERCHAU company that you contact directly is responsible for data processing. When we contact you, you will find the name and contact details of the FERCHAU company responsible, e.g. on the letterhead or in the signature line of an e-mail. At the end of this data protection notice, you will also find a summary of the contact details of all FERCHAU companies.

b) Joint responsibility

Individual or all FERCHAU companies may also be joint controllers for the processing of your personal data. If there is joint responsibility for processing, you will find a corresponding indication in the description of the processing in question. There you can also see which FERCHAU companies act as joint controllers for the processing in question. If FERCHAU companies act as joint controllers, there is an agreement between these companies on the processing of your personal data under joint responsibility in accordance with Art. 26 GDPR. In the following, we would like to inform you of the essential content of this agreement:

If there is joint responsibility between FERCHAU companies, each of the companies involved is responsible for keeping a register of processing activities and carrying out a data protection impact assessment (including consultation with the competent supervisory authority, if necessary). All companies have undertaken to take appropriate technical and organizational security measures for the data to be processed by them in order to ensure and be able to prove that the processing is carried out in accordance with data protection regulations. The security measures shall ensure a level of protection appropriate to the risk and shall be reviewed and updated as necessary. The technical and organizational measures must also ensure that the data is processed in accordance with legal requirements. All participating companies shall inform each other immediately of any disruptions to operations that pose a risk to the data and of any suspected data breaches in connection with the personal data. All participating companies agree on the content of any notifications required under Art. 33, 34 GDPR in the event of a personal data breach and keep each other informed on an ongoing basis about communication with the supervisory authority. This also applies if there is a legal obligation to inform you as the data subject about the data breach.

If you assert one of your rights mentioned in sections 3 or 4 of this data protection notice against one of the joint controllers involved, the controller in question will inform the other controller(s) immediately in text form. The company that you have contacted directly or that you have contacted directly is responsible for fulfilling the rights of the data subject. The controller contacted by you will therefore, for example, communicate with you, collect the necessary information, check the claim asserted and implement it accordingly. You can assert rights against all joint controllers involved. If measures are required in accordance with the asserted data subject rights (e.g. rectification, erasure, restriction, notifications to recipients, transfer and disclosure), the joint controllers involved will implement these on their own responsibility.

2. data protection officer

The FERCHAU companies named herein have appointed a joint data protection officer as companies of the same corporate group. You can reach the company data protection officer at

Data Protection Officer
FERCHAU Management GmbH
Steinmüllerallee 2
51643 Gummersbach
Phone +49 2261 3006-0
datenschutz@able-group.de

3. what data protection rights do I have?

Every data subject has the right of access under Article 15 GDPR, the right to 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 (see section 4) and the right to data portability under Article 20 GDPR. The right of access and the right to erasure may be subject to restrictions in accordance with national data protection regulations. You also have the right to lodge a complaint with a data protection supervisory authority (Article 77 GDPR).

You can withdraw your consent to the processing of personal data at any time by contacting the controller. This also applies to the revocation of declarations of consent given to us before the EU General Data Protection Regulation came into force, i.e. before May 25, 2018. Please note that the revocation only takes effect for the future. Processing that took place before the revocation is therefore not affected by a revocation. Please also note that despite the withdrawal of consent, we may continue to process your personal data in whole or in part on the basis of a legal permission.

4. information about your right to object in accordance with Article 21 GDPR

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Article 6(1)(f) GDPR (data processing on the basis of a balancing of interests).

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your rights, interests and freedoms, or the processing serves the establishment, exercise or defense of legal claims.

The objection can be made informally, in particular by sending an e-mail to the contact details stated herein.

5. joint CRM system / matching

FERCHAU companies place their employees in project-related activities with their customers. The object of the employment relationships or freelance business relationships with a FERCHAU company is therefore not exclusively activities in specific companies or areas of application, but the activity takes place on the basis of the qualifications and other application requirements communicated by you at those FERCHAU customers who have a vacancy for the relevant qualification profile and with regard to which the other application requirements are fulfilled. As a rule, FERCHAU companies will only recruit an applicant if, at the time of recruitment, there is already a vacancy at a FERCHAU customer that matches the applicant's qualifications and other employment requirements in order to ensure the immediate deployment of a new employee.

FERCHAU GmbH, FERCHAU Automotive GmbH and FERCHAU Austria GmbH therefore operate a joint CRM database in which they process applicant data and the data of business partners and employees. Due to the business purpose of the companies described above, which enables applicants, business partners and employees to be deployed in one company as well as in the other - depending on the task, qualifications and available vacancies - the companies have a legitimate interest in matching applicants, business partners and employees according to qualifications, preferences and deployment options for vacancies open at all participating companies. All FERCHAU companies involved work closely together in the processing of personal data as part of the acquisition of customer projects and the examination of assignment opportunities for business partners and employees. Among other things, they have customers in border areas, specialists with high mobility or customers with several locations, where there may be opportunities for business partners or employees listed with the other parties.

Your application data and, for business partners and employees, the following data categories are processed for the purposes described above: Personal master data, contact data, data on qualifications and professional career, communication data, and, in the case of employees, health data.

Subject to your objection, this will take place for a period of six months after receipt of your application or during the duration of your business relationship with or employment at one of the participating FERCHAU companies. In this way, applicants can already be offered a wide range of options for a possible employment relationship with a FERCHAU company in response to an application. Applicants, business partners and employees benefit from the fact that vacancies at a large number of FERCHAU customers can be checked simultaneously in response to a single application or during the duration of their business relationship with or employment at one of the participating FERCHAU companies. This increases the chances of a successful application and ensures a lasting business relationship or the existence of an employment relationship. In order create these extended recruitment and employment opportunities within FERCHAU, FERCHAU GmbH, FERCHAU Automotive GmbH and FERCHAU Austria GmbH therefore grant each other access rights to the applicant data and the data of business partners and employees. the data of business partners and employees of the respective other companies within the CRM database operated jointly by FERCHAU GmbH and FERCHAU Automotive GmbH as well as the CRM database operated by FERCHAU Austria GmbH, so that all companies involved can check possible employment opportunities of applicants, business partners and employees with their respective customers.

6. job advertisements and application procedure

a) Job advertisements

FERCHAU GmbH, FERCHAU Automotive GmbH and FERCHAU Austria GmbH may publish job advertisements either individually or jointly on the websites of the FERCHAU group of companies or in other job portals, online or print media (together "job advertisements"). Whether and, if applicable, which of the companies places a job advertisement, or whether several companies place a job advertisement jointly (under the name FERCHAU or similar), can be seen from the respective job advertisement. The content of the job advertisements and, in particular, any request for certain personal details (in particular proof of qualifications) contained in a job advertisement are the responsibility of the company/companies named in the job advertisement (possibly jointly).

Job advertisements of FERCHAU GmbH, FERCHAU Automotive GmbH and/or FERCHAU Austria GmbH are mainly designed in such a way that project-related activities in special fields of application (e.g. in the automotive industry) or companies (e.g. at an automobile manufacturer or an automotive supplier) are presented as examples. If your application is successful, an employment relationship will be established exclusively between you and the contracting FERCHAU company on the basis of the qualifications and other conditions of employment (e.g. with regard to the desired locations). If an employment relationship is established between you and one of the FERCHAU companies, the further steps in the context of establishing this employment relationship are therefore the sole responsibility of the contracting company. They are no longer part of the joint responsibility described herein.

b) What sources and data do we use?

In particular, we may process the following personal data as part of the application process, as can be seen from the application form in the applicant portal:

Master data (first name, surname, date of birth, place of birth)
Contact details, e.g. address, e-mail, telephone numbers
Data on education, professional career, other qualifications and other employment requirements, etc.
If necessary, further documents such as residence and work permits
Correspondence exchanged with you
Connection data for telephone contact (number, time, duration of call)
Photos that you make available to us
Personal data that we are permitted to process from publicly accessible sources (e.g. commercial register, credit rating information from Creditreform)

As a rule, we receive the aforementioned data (with the exception of the last-mentioned point) directly from you. If we receive the data from other sources, we will inform you of this separately.

c) What do we process the data for (purpose of processing) and on what legal basis?

We process your personal data to carry out the application process. The purpose of this is to initiate an employment relationship. The legal basis for this is § 26 para. 1 BDSG for applications in Germany and § 37 para. 2 DSG for applications in Austria. The reciprocal transmission within the framework of joint responsibility as well as the comparison of your application data with open vacancies at FERCHAU customers is based on the legitimate interest of the participating FERCHAU companies and their customers (Art. 6 para. 1 f) GDPR) as well as the interest of our applicants in the highest possible probability of success for their application.

If your application is unsuccessful, we will continue to process your data for six months after completion of the application process on the basis of Art. 6 para. 1 f) GDPR, in particular to defend against any claims arising from the AGG.

If you have given us your consent to further storage of your application data in our applicant database, we will process your data to select suitable employment options for you, subject to your revocation of this consent. The processing for this additional period corresponds to the processing described in section 5 of this data protection notice. The legal basis for this is Section 26 (2) BDSG for applications in Germany and Section 37 (1) DSG for applications in Austria, in each case in conjunction with your consent.

If you apply via Sprad, the company Sprad Software GmbH from Austria will receive the data you provide for the following purposes:

For what purposes is your data processed?

We process your personal data in compliance with the provisions of the EU General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG) and all other relevant laws (e.g. BetrVG, AGG, etc.). Your data will be processed for the following purpose: Use of the Ferchau GmbH recommendation platform: As an employee of Ferchau GmbH, you can register on the Ferchau GmbH recommendation platform in order to disseminate open job descriptions of Ferchau GmbH and invite potential applicants to apply to Ferchau GmbH. You can share the vacancies via various channels (e.g. social networks, WhatsApp, by e-mail). In accordance with the company agreement and internal guidelines, you will receive points in return, which you can then exchange for various non-cash bonuses or cash bonuses (only for new hires). Technically, the points are assigned via a URL parameter (unique ID) in your personal referral link, which you share with potential applicants.

Will your data be used for other purposes?

We also process your data in order to pay out non-cash bonuses or cash bonuses. In addition, we process your personal data to fulfill legal obligations such as regulatory requirements or retention obligations under commercial and tax law. If we process your personal data for a purpose that is not specified, we will inform you of this in advance in accordance with the statutory provisions.

If you would like more information, please refer to the data processing agreement - Sprad. Please note that we are not responsible for the forwarding to external websites

d) Who receives my data?

Within our company, data is only processed by persons whose area of responsibility makes this necessary.

Furthermore, there is a mutual transmission within FERCHAU for the purpose of checking possible employment opportunities for vacancies. In this context, FERCHAU GmbH, FERCHAU Automotive GmbH and FERCHAU Austria GmbH act as joint controllers within the meaning of Art. 26 GDPR as described in more detail under Section 1.

For the purpose of initiating an employment relationship with a FERCHAU company, we may also pass on your personal data to our customers, insofar as this is necessary to check a possible employment there. As a rule, this is done in anonymized or pseudonymized form, so that it is not possible for these customers to identify the applicant presented. If a customer requests a transfer in a non-anonymized or pseudonymized form, we will only comply with this request if you have given your consent to this after prior information.

As part of the recruitment process, FERCHAU Management GmbH, Steinmüllerallee 2, 51643 Gummersbach, Germany, provides central services on our behalf for administrative support in the application process. FERCHAU Management GmbH receives access to your personal data as part of this order processing.

e) Is data transferred to a third country or to an international organization?

No data is transferred to third countries or international organizations.

f) How long will my data be stored?

We only process and store your personal data for as long as is necessary to fulfill the aforementioned processing purposes and, if applicable, to comply with legal obligations. If it is no longer necessary to process the data, it will be deleted.

In the event of an unsuccessful application process, we will generally delete your data after six months, unless you have given us your consent to store it in our applicant database. If you have given us your consent to include you in our applicant database, we will store the data until you withdraw your consent or, if applicable, until the expiration date.

g) Do I have an obligation to provide data?

The provision of your data to us is voluntary for you. However, if you do not provide us with the necessary data, we may not be able to consider you in the application process.

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

We do not carry out profiling.

6. management of business partners

a) What sources and data do we use?

We may process the following personal data in particular as part of our business contact:

Basic personal data, e.g. your name, your function, business contact data (address(es), telephone and fax numbers, e-mail addresses) and other contact data
Other business-relevant information, e.g. your industry, previous business activities, business performance with us
Other personal information that you have provided to us (e.g. your birthday, hobbies)
Contract data such as customer number, bank details, tax number/USt ID
Photos that you provide to us or that are taken as part of events in which you are a participant
Creditworthiness data
Data for the processing of payment transactions
Personal data that we are permitted to process from publicly accessible sources (e.g. commercial register, credit rating information from Creditreform)

As a rule, we receive the aforementioned data (with the exception of the latter point) directly from you. We may receive further data from your employer, your colleagues or third parties or collect it from publicly accessible sources (e.g. your company's website, work-related social networks).

b) What do we process the data for (purpose of processing) and on what legal basis?

We process your personal data for the proper handling and development of our business relationship, to fulfill the legal obligations to which we are subject and if and to the extent that this is necessary for our legitimate interests, unless your interests or fundamental rights and obligations prevail. The legal basis for data processing is in particular Art. 6 para. 1 lit. b and Art. 6 para. 1 lit. f GDPR or your consent, insofar as you have given us such consent.

c) Who receives my data?

In particular, we may transfer your data to the following recipients:

Our parent company FERCHAU Management GmbH, which provides us with central services for handling the contractual relationship (e.g. accounting, legal advice)
companies in our group of companies, to initiate further business contacts
The respective other group companies (as described in section 8) for the purpose of examining possible applications in projects of the respective other group company. In this context, FERCHAU GmbH, FERCHAU Automotive GmbH and FERCHAU Austria GmbH act as joint controllers within the meaning of Art. 26 GDPR as described in more detail in Section 1.
Companies outside our group of companies, insofar as this is necessary for the initiation or processing of an order
Public bodies such as tax or social security authorities and other public or private bodies to which we are required to disclose personal data in order to comply with our legal obligations

Within our company, data is only processed by persons whose area of responsibility makes this necessary.

d) Is data transferred to a third country or to an international organization?

We do not pass on your data to third countries or other international organizations.

e) How long will my data be stored?

Your personal data will be stored and retained by us during the term of our business relationship, as well as after termination of this business relationship, if and to the extent that further storage is necessary to fulfill legal retention obligations or to protect our legitimate interests. We may retain personal data on the basis of applicable data protection law during or

f) Do I have an obligation to provide data?

We require some of the aforementioned personal data for the correct processing of our business relationship. If you do not provide necessary personal data, we may not be able to fulfill our legal obligations and may have to consider whether we can continue the business relationship.

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

We do not carry out automated decision-making/profiling.

7. processing of employee data

a) 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, bank details, social security information, marital status)
Information about your education and professional career (e.g. school education, further qualifications such as training and/or 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 previous positions, reporting lines, use of company infrastructure and IT systems, performance data)
Information that is required to establish, implement and terminate the employment relationship or that we are legally obliged to process (e.g. tax and social security information, attendance and absence data, religious affiliation). This may also include information about your health (e.g. periods of incapacity for work, degree of disability).

As a rule, we receive the aforementioned 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).

b) What do we process the data for (purpose of processing) and on what legal basis?

We process your data for the establishment, implementation and termination of your employment relationship. As a rule, this also includes passing on necessary information about you to our customers where an assignment is being considered or is being carried out.

Furthermore, we process your data to fulfill our legal obligations and on the basis of a legitimate interest in the processing of your data. The legal bases for this processing are § 26 para. 1 BDSG (in Germany) or § 37 para. 2 DSG (in Austria), Art. 6 para. 1 lit. c) and f) GDPR, as well as your consent, if you have given us such consent.

c) Who receives my data?

We may share your data with the following third parties:

Our parent company FERCHAU Management GmbH, which provides us with central services for handling the employment relationship (e.g. central personnel administration, accounting, salary processing, legal advice), as well as for safeguarding our legitimate interest in group-wide, efficient personnel management
Public bodies, such as financial and social security authorities
Private bodies to which we are obliged to transmit certain data (e.g. health insurance companies)
Our customers, if and insofar as they need to contact you or an assignment with these customers is considered or actually carried out
Other companies in our group of companies, insofar as this is necessary for the processing of your employment relationship, we have a legitimate interest in the transfer or you have given us your consent to do so. You can view a current list of these companies on the intranet. A legitimate interest exists in particular in the transmission to the other group companies mentioned in section 8 for the purpose of checking possible employment opportunities in projects of the companies. In this context, FERCHAU GmbH, FERCHAU Automotive GmbH and FERCHAU Austria GmbH act as joint controllers within the meaning of Art. 26 GDPR as described in more detail in Section 1.
Private entities that work for us as service providers (e.g. in the area of the provision and administration of our IT systems, to take over administrative tasks in the personnel and administration area or for legal advice).

d) Is data transferred to a third country or to an international organization?

We may also transfer data to Switzerland for the aforementioned purposes. The European Commission has established an adequate level of protection for personal data transferred from the EU to Switzerland ("adequacy decision"). You can view this decision at datenschutz.hessen.de.

e) How long will my data be stored?

We process and store your personal data as long as it is necessary for the fulfillment of our contractual and legal obligations.
If the data is no longer required for the fulfillment of contractual or legal obligations, it is regularly deleted, unless its temporary further processing is required for legal reasons.

f) Do I have an obligation to provide data?

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

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

We do not carry out profiling.

8. contact details of the FERCHAU companies

FERCHAU GmbH
Steinmüllerallee 2,
51643 Gummersbach,
Phone +49 2261 3006-0
info@ferchau.com

FERCHAU Automotive GmbH
Steinmüllerallee 2,
51643 Gummersbach,
Phone +49 2261 3006-0
info@ferchau.com

FERCHAU Austria GmbH
Hafenstrasse 2a
A-4020 Linz,
Austria
Fon +43 732781222
linz.zentrale@ferchau.com