Data protec­tion notices for employees

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

Responsible for data processing is

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

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?

We process the following categories of personal data:

• Master data (e.g., last name, first name, birth place, birth date, contact data, address, bank data, social security data, civil status)
• Information on your education and your professional career (e.g., school education, additional qualifications such as vocational education and/or academic degree, including relevant certificates), references of previous employers
• Information, you made public in the Internet e.g., in professional social networks (e.g., Xing, LinkedIn)
• Information on your employment with us (e.g., current and previous positions, reporting lines, use of the company infrastructure and IT systems, performance data)
• Information that is required for the establishment, performance and termination of the employment relationship and information which we are obliged by law to process (e.g., tax and social security relevant information, information on attendance at and absence from work, religious affiliation). This may also include information on your health status (e.g., periods of inability to work, disability degree)

In general, we receive the aforementioned information from you. Some information may also be provided to us by external third parties (e.g., fiscal or social security authorities or recruiters).

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

We process your data for the establishment, performance and termination of your employment relationship. This includes, in general, also the provision of necessary information about you to our customers, where an assignment is being considered or carried out.

Furthermore, we process your data to meet our legal obligations, as well as based on a legitimate interest in the processing of your data.

 The legal bases for this processing are Section 26 (1) BDSG [Federal Data Protection Act], Art. 6 (1) point c) and f) GDPR, as well as your consent, if you provided your consent to us.

4. Who receives my data?

We may forward your data to the following third parties:

• Our group parent company ABLE Management Services, which provides us with centralized services for the processing of the employment relationship (e.g., centralized HR management, accounting, payroll processing, legal counsel), as well as to safeguard our legitimate interest in a group-wide, efficient personnel management
• Public entities such as e.g., fiscal and social security authorities
• Private entities to which we are obliged to transfer certain data (e.g., health insurances)
• Our customers, if and to the extent customers must contact you or an assignment at these customers is being considered or is actually carried out
• Other companies of our group of companies, if this is necessary for the processing of your employment relationship or we have a legitimate interest in the transfer of the data or you provided your consent to the transfer of the data. You may inspect a current list of these companies in the Intranet.

Private entities that we engage as service providers (e.g., for the provision and administration of IT systems, performance of administrative tasks in HR and administration or for the provision of legal counsel).

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

Within the scope of the aforementioned purposes, we may also transfer data to Switzerland. The European Commission has decided that Switzerland ensures a reasonable level of the protection of personal data that is transferred from the EU to Switzerland (“Adequacy Decision”). You view this decision at https://datenschutz.hessen.de.

6. How long is may data stored?

We process and store your personal data as long as this is necessary for the performance of our contractual and statutory obligations.

If your data is no longer required for the performance of contractual or statutory obligations, your data is routinely deleted, unless further processing of your data for a limited period is still required for legal reasons.

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.

8. Do I have a duty to provide data?

The provision of the aforementioned data is generally required for the performance of the employment relationship. If you do not provide required data in violation of a statutory or (sub-)contractual obligation, we may not be able to maintain the employment relationship with you.

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

We do not apply Profiling.

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

1. Right to object based on individual circumstances

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.

2. Right to object against the processing of data for direct marketing purposes

In individual cases we process your personal data for direct marketing purposes. You have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.

If you object to processing for direct marketing purposes, we will no longer process your personal data for such purposes.

An objection does not require a certain form.