Definitions
The legislator requires that personal data are processed lawfully, fairly and in a way that is comprehensible to the data subject ("lawfulness, fairness, transparency"). To ensure this, we inform you about the individual legal definitions that are also used in this data protection declaration:
- Personal data
"Personal data" shall mean any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, a location data, an on-line identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person) - Processing
"Processing" means any operation or set of operations, performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, sorting, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. - Limitation of processing
"Limitation of processing" means the marking of stored personal data with a view to limiting their processing in the future - Profiling
"Profiling" means any automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular with a view to analysing or predicting aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, conduct, location or movement of that natural person - Pseudonymisation
"Pseudonymisation" means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the inclusion of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data cannot be attributed to an identified or identifiable natural person - Filing system
"Filing system" means any structured collection of personal data accessible according to specific criteria, whether centralised, decentralised or organised along functional or geographical lines - Controller
"Controller" shall mean any natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or national law, provision may be made for the controller or for the specific criteria for his or her designation under Union or national law - Processor
"Processor" means any natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller - Recipient
"Recipient" means any natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party However, authorities which may receive personal data in the course of a specific investigation carried out pursuant to Union law or the law of the Member States shall not be considered as recipients; the processing of such data by those authorities shall be carried out in accordance with the applicable data protection rules and in compliance with the purposes of the processing. - Third party
"Third party" means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process the personal data - Consent
The data subject's "consent" shall mean any freely given specific, informed and unequivocal expression of his or her wishes in the form of a declaration or other unequivocal affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.
Lawfulness of the processing
The processing of personal data is lawful only if there is a legal basis for the processing. Pursuant to Article 6 (1) lit. a - f DSGVO, the legal basis for processing may be, in particular
- The data subject has given his/her consent to the processing of personal data relating to him/her for one or more specific purposes;
- the processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract
- the processing is necessary for compliance with a legal obligation to which the controller is subject
- the processing is necessary in order to protect the vital interests of the data subject or of another natural person
- the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
- processing is necessary in order to protect the legitimate interests of the controller or of a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data, in particular where the data subject is a child
Information on the collection of personal data
(1) Im Folgenden informieren wir über die Erhebung personenbezogener Daten bei Nutzung unserer Website. Personenbezogene Daten sind z. B. Name, Adresse, E-Mail-Adressen, Nutzerverhalten.
(2) If you contact us by e-mail or via a contact form, the data you provide (your e-mail address, your name and telephone number if applicable) will be stored by us in order to answer your questions. We delete the data arising in this connection after storage is no longer necessary, or processing is restricted if there are legal obligations to retain data.
Collection of personal data when visiting our website
When using the website for informational purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser sends to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website and to ensure stability and security (legal basis is Art. 6 para. 1 p. 1 lit. f DSGVO):
- IP address
- date and time of request
- time zone difference to Greenwich Mean Time (GMT)
- content of the request (specific page)
- Access status/HTTP status code
- each transferred data quantity
- Website from which the request comes
- Browser
- operating system and its interface
- language and version of the browser software.
Use of cookies
(1) In addition to the data mentioned above, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive in accordance with the browser you are using and through which certain information flows to the site that sets the cookie. Cookies cannot execute programs or transfer viruses to your computer. They serve to make the Internet offer altogether more user-friendly and effective.
(2) This website uses the following types of cookies, the scope and function of which are explained below:
- Transient cookies (see a.)
- Persistent cookies (see b.)
- Transient cookies are automatically deleted when you close the browser. This includes in particular the session cookies. These store a so-called session ID, with which various requests from your browser can be assigned to the shared session. This enables your computer to be recognised when you return to our website. The session cookies are deleted when you log out or close the browser.
- Persistent cookies are automatically deleted after a specified period of time, which may vary depending on the cookie. You can delete the cookies in the security settings of your browser at any time.
- You can configure your browser settings according to your preferences and, for example, refuse to accept third-party cookies or all cookies. So-called "third party cookies" are cookies set by a third party, i.e. not by the actual website you are currently visiting. We would like to point out that by deactivating cookies you may not be able to use all functions of this website.
Rights of the data subject
(1) Revocation of consent
If the processing of personal data is based on a granted consent, you have the right to revoke this consent at any time. Revocation of consent does not affect the lawfulness of the processing that has taken place on the basis of the consent until revocation. You can contact us at any time to exercise your right of revocation.
(2) Right to confirmation
You have the right to request confirmation from the data controller as to whether we are processing personal data concerning you. You can request such confirmation at any time by contacting us at the contact details given above.
(3) Right to information
If personal data is processed, you can request information about this personal data and about the following information at any time:
- the processing purposes;
- the categories of personal data processed;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or international organisations;
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;
- the existence of a right of rectification or erasure of personal data concerning you or of a right to have the processing limited by the controller or to object to such processing;
- if the personal data are not collected from the data subject, all available information on the origin of the data;
- the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the DPA and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the data subject.
If personal data are transferred to a third country or to an international organisation, you have the right to be informed of the appropriate guarantees in accordance with Article 46 FADP in connection with the transfer. We will provide a copy of the personal data that is the subject of the processing. For any further copies that you personally request, we may charge you a reasonable fee based on the administrative costs. If you make the request electronically, the information shall be provided in a standard electronic format, unless the request states otherwise. The right to receive a copy under paragraph 3 shall not prejudice the rights and freedoms of others.
(4) Right of rectification
You have the right to ask us to correct incorrect personal data concerning you without delay. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data, including by means of a supplementary declaration.
(5) Right of cancellation ("right to be forgotten")
You have the right to ask the data controller to delete personal data concerning you immediately and we are obliged to delete personal data immediately if one of the following reasons applies:
- The data subject lodges an objection to the processing in accordance with Article 21 paragraph 1 DPA and there are no legitimate legitimate grounds for processing, or the data subject lodges an objection to the processing in accordance with Article 21 paragraph 2 DPA.
- The deletion of personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
- The personal data was collected in relation to information society services offered in accordance with Article 8 paragraph 1 of the DSGVO.
Where the controller has made the personal data public and is obliged to delete them pursuant to paragraph 1, he shall take reasonable measures, including technical measures, taking into account available technology and implementation costs, to inform data controllers who process the personal data that a data subject has requested them to delete all links to, or copies or replications of, those personal data.
The right of cancellation ("right to be forgotten") does not apply insofar as the processing is necessary:
- to exercise the right to freedom of expression and information;
- in order to comply with a legal obligation under Union or national law to which the controller is subject or in the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
- on grounds of public interest in the field of public health in accordance with Article 9(2)(h) and (i) and Article 9(3) of the DSGVO;
- for archiving, scientific or historical research purposes in the public interest or for statistical purposes pursuant to Article 89 paragraph 1 DSGVO, insofar as the law referred to in paragraph 1 is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or
- to assert, exercise or defend legal claims.
(6) Right to limit processing
You have the right to ask us to limit the processing of your personal data if one of the following conditions is met:
- the accuracy of the personal data is disputed by the data subject, for a period of time that allows the controller to verify the accuracy of the personal data,
- the processing is unlawful and the data subject refuses the deletion of personal data and instead requests the restriction of the use of personal data;
- the controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to exercise or defend his rights, or
- the data subject has lodged an objection to the processing pursuant to Article 21 paragraph 1 FADP, as long as it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.
Where processing has been restricted in accordance with the above conditions, such personal data, apart from being stored, shall only be processed with the consent of the data subject or for the purpose of pursuing, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.
In order to exercise the right to limit the processing, the data subject may contact us at any time using the contact details provided above.
(7) Right to data transferability
You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format, and you have the right to transfer such data to another responsible party without interference from the responsible party to whom the personal data has been provided, provided that
- the processing is based on a consent pursuant to Article 6 paragraph 1 letter a or Article 9 paragraph 2 letter a or on a contract pursuant to Article 6 paragraph 1 letter b DSGVO and
- the processing is carried out by means of automated procedures.
When exercising the right to transfer data in accordance with paragraph 1, you have the right to obtain that the personal data be transferred directly from one controller to another controller, as far as technically feasible. Exercising the right to data transferability shall not affect the right to erasure ("right to be forgotten"). This right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
(8) Right of objection
You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you that is carried out on the basis of Article 6 paragraph 1 letters e or f of the DPA, including profiling based on these provisions. The controller no longer processes the personal data unless he can demonstrate compelling legitimate reasons for processing which outweigh the interests, rights and freedoms of the data subject, or unless the processing is for the purpose of asserting, exercising or defending legal claims.
Where personal data are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data relating to you for the purpose of such marketing, including profiling, insofar as it relates to such direct marketing. If you object to processing for the purposes of direct marketing, your personal data will no longer be processed for those purposes.
Notwithstanding Directive 2002/58/EC, in the context of the use of Information Society services, you may exercise your right of objection by means of automated procedures involving technical specifications.
You have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out for the purposes of scientific or historical research or for statistical purposes referred to in Article 89(1), except where such processing is necessary for the performance of a task carried out in the public interest.
You can exercise the right of objection at any time by contacting the person responsible.
(9) Automated case-by-case decisions including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, that has legal effect on you or significantly affects you in a similar manner. This shall not apply if the decision:
- is necessary for the conclusion or performance of a contract between the data subject and the controller,
- is authorised by Union or national legislation to which the controller is subject and that legislation provides for adequate measures to safeguard the rights and freedoms and legitimate interests of the data subject, or
- with the express consent of the person concerned.
Der Verantwortliche trifft angemessene Maßnahmen, um die Rechte und Freiheiten sowie die berechtigten Interessen der betroffenen Person zu wahren, wozu mindestens das Recht auf Erwirkung des Eingreifens einer Person seitens des Verantwortlichen, auf Darlegung des eigenen Standpunkts und auf Anfechtung der Entscheidung gehört.
The data subject may exercise this right at any time by contacting the person responsible for the data protection.
(10) Right to appeal to a supervisory authority
They shall also have the right to appeal, without prejudice to any other administrative or judicial remedy, to a supervisory authority, in particular in the Member State in which they are resident, at their place of employment or at the place where the alleged infringement is committed, if the data subject considers that the processing of personal data relating to them is being carried out in breach of this Regulation.
(11) Right to an effective judicial remedy
Without prejudice to any available administrative or extrajudicial remedy, including the right to appeal to a supervisory authority pursuant to Article 77 of the DPA, you have the right to an effective judicial remedy if it considers that your rights under this Regulation have been infringed as a result of the processing of your personal data contrary to this Regulation.
Use of Google Analytics
(1) This website uses Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, in the event that IP anonymisation is activated on this website, your IP address will be shortened by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area before this happens. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on the website activities and to provide further services to the website operator in connection with the use of the website and the internet.
(2) The IP address transmitted by your browser within the framework of Google Analytics is not merged with other data from Google.
(3) You can prevent the storage of cookies by adjusting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout.
(4) This website uses Google Analytics with the extension "_anonymizeIp()". This allows IP addresses to be further processed in a shortened form, thus excluding the possibility of personal references. If the data collected about you contains a personal reference, this is immediately excluded and the personal data is immediately deleted.
(5) We use Google Analytics to analyse and regularly improve the use of our website. We can use the statistics obtained to improve our offer and make it more interesting for you as a user. For the exceptional cases in which personal data is transferred to the USA, Google has subjected itself to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Art. 6 para. 1 sentence 1 lit. f DSGVO.
(6) Third party information: Google Dublin, Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. Terms of use: http://www.google.com/analytics/terms/de.html, Data protection overview: http://www.google.com/intl/de/analytics/learn/privacy.html, and the privacy policy: http://www.google.de/intl/de/policies/privacy.
(7) This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out via a user ID. You can deactivate the cross-device analysis of your usage in your customer account under "My Data", "Personal Data".
Contractor
If we use service providers to process your personal data who process your personal data on our behalf (processors), we have contractually bound them by concluding contracts to process your personal data only in accordance with our instructions and to the extent permitted by law.
We work together with the following service providers:
- flumoto GmbH, Uhlandstr. 57, 74072 Heilbronn, Phone: +49 7131 39035-91, E-Mail: info@flumoto.de
