Information Clause for Customers and Contractors
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:
- 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.
- 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.
- Your personal data are processed for the following purposes and on the basis of:
- Article 6(1)(b) GDPR - for the purpose of concluding and performing a contract to which the data subject is a party, or to take action at the request of the data subject prior to entering into a contract.
- Article 6(1)(c) GDPR - in order to fulfill a legal obligation to which the controller is subject, arising, among others, from tax and accounting regulations.
- Article 6(1)(f) GDPR - the processing is necessary for the purposes of the legitimate interests pursued by the controller, i.e., establishing, exercising potential claims or for the purpose of defending against such claims, as well as maintaining business relations.
- Article 6(1)(a) GDPR - your consent to the sending of a newsletter and marketing information if such consent has been granted.
- 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.
- We do not transfer data to third countries or international organisations.
- Your personal data will be kept for the period necessary for the purposes of completing the activities aimed at concluding the contract, the performance of the contract, until the legal obligation of the controller expires, and then for the period of limitations of any claims arising from the contract. In the case of consent, the data will be processed until you withdraw your consent. In case of establishing and maintaining business relationships - data will be stored for the duration of business relationship or until you object to the processing.
- 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.
- 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.
- 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.
- 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.
- Providing personal data to the extent necessary to conclude and perform the contract is voluntary, however, failure to provide such data may result in the inability to conclude the contract.
- Your data will not be subject to automated decision-making, including profiling.
Information clause for persons representing the client and designated by the client as contact persons in connection with the execution of the contract:
I. The Client, contractor undertakes to fulfill information obligation to the persons representing them and to the contact persons indicated in the contract whose personal data will be disclosed to the controller for the performance of the concluded contract, in accordance with Article 14(1) and (2) of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC on behalf of the controller, within the timeframe indicated in the said regulation.
II. Information provided to the persons referred to in point I:
- 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.
- 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.
- Your personal data has been made available to the controller by the client, contractor of the controller whom you represent, or by whom you have been indicated to the contact in connection with the performance of the contract concluded between that client, contractor and the controller.
- The scope of your personal data processed by the controller includes - depending on the nature of the contract: name and surname, e-mail address, telephone number, position held, and data disclosed in public registers (KRS, CEIDG).
- Your personal data will be 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, 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.
- 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 will not be transferred to a third country or international organisation.
- Your personal data will be kept for the period necessary for the purposes of completing the activities aimed at concluding the contract, the performance of the contract, and then for the period of limitations of any claims arising from the contract. In the case of consent, the data will be processed until you withdraw your consent. In case of establishing and maintaining business relationships - data will be stored for the duration of business relationship or until you object to the processing.
- 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.
- 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.
- 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.
- Your data will not be subject to automated decision-making, including profiling.