1. Definitions of terms
The data protection declaration is based on the terms used by the European directive and regulation giver in the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. In order to guarantee this, we would like to explain the terms used in advance. In this data protection declaration we use the following terms, among others:
• Personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter “data subject”). A natural person shall be considered identifiable if he can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or one or more specific characteristics expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
• Affected person
Affected Person means any identified or identifiable natural person whose personal data are processed by the controller.
Processing means any operation or set of operations which is carried out with or without the aid of automated processes and which relates to personal data, such as collection, recording, organisation, sorting, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or association, qualification, erasure or destruction.
• Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movement of that natural person.
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 provision of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.
• Person responsible for the processing or person responsible for the processing
The controller or data controller is the natural or legal person, public authority, agency or 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 laid down by Union law or by the law of the Member States, the controller or controllers may be designated in accordance with Union law or with the law of the Member States on the basis of specific criteria.
• Data processor
Data processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
The recipient is a 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 task under Union law or the law of the Member States shall not be considered as recipients.
• 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 authorised to process the personal data under the direct responsibility of the controller or processor.
Consent shall mean any voluntary, informed and unambiguous expression by the data subject of his or her will in the particular case, in the form of a statement or other unequivocal confirmatory act, indicating that he or she consents to the processing of his or her personal data.
2. The name and address of the controller
The person responsible within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is the Data Protection Commissioner:
FIRMA: FLS GmbH & Co. KG, Kackertstr. 10 52072 Aachen Germany
3. Name and address of data protection officer
Contact details of the data protection officer:
EU-CON BeraterForum GmbH,
Tel.: 0049 – 2452993311
Any person concerned can contact our data protection officer directly at any time with any questions or suggestions regarding data protection.
4. Contact details of the responsible supervisory authority for data protection:
Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen
Postfach 20 04 44
Tel.: 0049 211/38424-0
Fax: 0049 211/38424-10
6. Collection of general data and information
The website of FLS GmbH & Co. KG collects a series of general data and information each time the website is accessed by a person concerned or an automated system. This general data and information is stored in the log files of the server.
These can be recorded:
(1) browser types and versions used,
(2) the operating system used by the accessing system,
(3) the website from which an accessing system accesses our website (so-called referrer),
(4) the subwebsites which are accessed via an accessing system on our website,
(5) the date and time of access to the website,
(6) an Internet Protocol (IP) address,
(7) the Internet service provider of the accessing system; and
(8) other similar data and information used to avert dangers in the event of attacks on our information technology systems. When using this general data and information, FLS GmbH & Co. KG does not draw any conclusions about the person concerned.
Rather, this information is required in order to
(1) to deliver the contents of our website correctly,
(2) to optimise the content of our website and the advertising for it,
(3) to ensure the long-term operability of our information technology systems and the technology of our website, and
(4) to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber attack.
This anonymous data and information is therefore evaluated both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimum level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by the person concerned.
7. Possibility to contact us via the website
The website of FLS GmbH & Co. KG contains information that enables rapid electronic contact with our company and direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the data controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted voluntarily by a data subject to the data controller will be stored for the purposes of processing or contacting the data subject. This personal data will not be passed on to third parties.
8. Routine deletion and blocking of personal data
The controller shall process and store the personal data of the data subject only for the period of time necessary to achieve the storage purpose or where provided for by the European directive and regulation maker or another legislator in laws or regulations to which the controller is subject. If the storage purpose no longer applies or if a storage period prescribed by the European directive and regulation giver or another competent legislator expires, the personal data shall be blocked or deleted routinely and in accordance with the statutory provisions.
9. Rights of the data subject
• Right of confirmation
Every data subject shall have the right, granted by the European directive and regulation maker, to obtain from the controller confirmation as to whether personal data relating to him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact our data protection officer or another employee of the controller.
• Right of access
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to obtain at any time, free of charge, from the controller, information on the personal data relating to him which have been stored and a copy of that information. Furthermore, the European Data Protection Supervisor has granted the data subject access to the following information:
- the purposes of the processing
- 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 recipients in third countries or international organisations
- if possible, the planned duration for which the personal data will be stored or, if that is not possible, the criteria for determining that duration
- the existence of a right to the rectification or erasure of personal data concerning him or her or to the limitation of the processing carried out by the controller or of a right to object to such processing
- the existence of a right of appeal to a supervisory authority
- 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 DS Block Exemption Regulation and, at least in these cases, relevant information on the logic involved and the scope and intended impact of such processing on the data subject
The data subject also has the right to know whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in connection with the transfer. If a data subject wishes to exercise this right of access, he or she can contact our data protection officer or another employee of the data controller at any time.
• Right to correction
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to request the rectification without delay of inaccurate personal data concerning him or her. Furthermore, the data subject shall have the right, having regard to the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary statement. If a data subject wishes to exercise this right of rectification, he or she can contact our data protection officer or another employee of the data controller at any time.
• Right of deletion (right to be forgotten)
Any person data subject to the processing of personal data shall have the right, granted by the European directive and regulation, to require the controller to erase without delay personal data concerning him which are subject to one of the following conditions and to the extent that the processing is not necessary:
- Personal data have been collected or otherwise processed for purposes for which they are no longer necessary.
- The data subject withdraws his consent on which the processing was based pursuant to Art. 6 para. 1 letter a DS-GVO or Art. 9 para. 2 letter a DS-GVO and there is no other legal basis for the processing.
- The data subject objects to the processing under Article 21(1) DS Block Exemption Regulation and there are no overriding legitimate reasons for the processing or the data subject objects to the processing under Article 21(2) DS Block Exemption Regulation.
- The personal data have been processed unlawfully.
- The deletion of the personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject.
- The personal data were collected in relation to information society services offered pursuant to Art. 8 para. 1 DS-GVO.
If one of the above reasons applies and a data subject wishes to have personal data stored by us deleted, he or she can contact our data protection officer or another employee of the data controller at any time. The data protection officer or another employee will ensure that the request for deletion is complied with immediately. If the personal data has been processed by FLS GmbH & Co. KG and our company is obliged to delete the personal data in accordance with Art. 17 para. 1 DS-GVO (GDPR), we take appropriate measures, also of a technical nature, taking into account the available technology and implementation costs, to inform other persons responsible for data processing who process the published personal data that the person concerned has requested these other persons responsible for data processing to delete all links to this personal data or copies or replications of this personal data, insofar as the processing is not necessary. The data protection officer or another employee will take the necessary steps in individual cases.
• Right to limitation of processing
Any person data subject to the processing of personal data has the right, granted by the European directive and regulation, to request the controller to limit the processing if one of the following conditions is met:
- The accuracy of the personal data is contested by the data subject for a period of time which allows the data controller to verify the accuracy of the personal data.
- The processing is unlawful and the data subject refuses to delete the personal data and instead requests that the use of the personal data be restricted.
- The controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the assertion, exercise or defence of legal rights.
The data subject has lodged an objection to the processing pursuant to Art. 21 para. 1 DS-GVO (GDPR) and it is not yet clear whether the legitimate reasons of the data controller outweigh those of the data subject. If one of the aforementioned conditions is met and a person concerned is unable to restrict personal data held at FLS GmbH & Co. KG, the data subject can contact our data protection officer or another employee of the data controller at any time. The data protection officer or another employee will arrange for the processing to be restricted.
• Right of data portability
Any data subject involved in the processing of personal data has the right, granted by the European directive and regulation, to obtain personal data concerning him or her which have been provided by the data subject to a controller in a structured, common and machine-readable format. It also has the right to communicate these data to another controller without being hindered by the controller to whom the personal data have been provided, provided that the processing is based on the consent pursuant to Art. 6 para. 1 letter a DS-GVO (GDPR) or Art. 9 para. 2 letter a DS-GVO (GDPR) or on a contract pursuant to Art. 6 para. 1 letter b DS-GVO (GDPR) and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority entrusted to the controller.
Furthermore, when exercising his right to data transferability pursuant to Art. 20 (1) DSGVO (GDPR), the data subject shall have the right to obtain that the personal data be transferred directly from one data controller to another data controller insofar as this is technically feasible and insofar as this does not impair the rights and freedoms of other persons.
In order to assert the right to data transferability, the person concerned can contact the appointed data protection officer or another employee at any time.
• Right to appeal
Any person data subject to the processing of personal data has the right, granted by the European directive and regulation maker, to object at any time, for reasons related to his/her particular situation, to the processing of personal data concerning him/her on the basis of Article 6(1)(e) or (f) of the DS-GVO (GDPR). This also applies to profiling based on these provisions. FLS GmbH & Co. KG will no longer process the personal data in the event of an objection, unless we can prove compelling reasons for the processing worthy of protection which outweigh the interests, rights and freedoms of the person concerned, or the processing serves the assertion, exercise or defence of legal claims. If we process personal data in order to conduct direct advertising, the person concerned has the right to object at any time to the processing (with effect for the future) of the personal data for the purpose of such advertising. This also applies to profiling as far as it is connected with such direct advertising. If the data subject objects to the processing for direct advertising purposes, FLS GmbH & Co. KG will no longer process this personal data for these purposes. In addition, the data subject has the right, for reasons arising from his/her particular situation, to object to the processing of personal data concerning him/her, which is carried out at FLS GmbH & Co. KG for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 DS-GVO (GDPR), unless such processing is necessary for the performance of a task in the public interest. In order to exercise the right to object, the data subject may contact the data protection officer or another employee directly. The data subject shall also be free to exercise his right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
• Automated decisions in individual cases including profiling
Any person data subject to the processing of personal data shall have the right, granted by the European directive and regulation maker, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects upon him or her or significantly affects him or her in a similar manner, provided that the decision
(1) is not necessary for the conclusion or performance of a contract between the data subject and the data controller, or
(2) is authorised by Union or national legislation to which the data controller is subject and contains appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or
(3) with the express consent of the data subject.
Is the decision
(1) necessary for the conclusion or performance of a contract between the data subject and the person responsible; or
(2) if it takes place with the express consent of the person concerned, FLS GmbH & Co. KG takes appropriate measures to protect the rights and freedoms as well as the legitimate interests of the person concerned, which at least includes the right to obtain the intervention of a person on the part of the person responsible, to state his or her own position and to challenge the decision.
If the data subject wishes to assert rights with regard to automated decisions, he or she can contact the data protection officer or another employee of the data controller at any time.
• Right to revoke consent under data protection law
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to revoke consent to the processing of personal data at any time. If the data subject wishes to exercise his/her right to withdraw his/her consent, he/she may at any time contact our data protection officer or another employee of the data controller.
10. Data protection for applications and in the application process
The data controller collects and processes the personal data of applicants for the purpose of processing the application procedure. Processing may also be carried out electronically. This is particularly the case if an applicant submits the relevant application documents electronically, for example by e-mail or via a web form on the website, to the data controller. If the data controller concludes an employment contract with an applicant, the data transmitted shall be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents shall be automatically deleted 90 days after notification of the rejection decision, unless deletion conflicts with any other legitimate interests of the controller. Other legitimate interests in this sense include, for example, the duty to provide evidence in proceedings under the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz – AGG).
The person responsible for the processing has integrated Google AdWords on this website. Google AdWords is an Internet advertising service that allows advertisers to place ads both in Google’s search engine results and in the Google advertising network. Google AdWords allows an advertiser to pre-define keywords that will be used to display an ad in Google’s search engine results only when the user uses the search engine to retrieve a keyword relevant search result. In the Google advertising network, the ads are distributed to topic-relevant Internet pages using an automatic algorithm and taking into account the previously defined keywords. The operating company of the Google AdWords services is Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. The purpose of Google AdWords is to promote our website by displaying advertisements of interest on third-party websites and in the search engine results of Google and by displaying third-party advertisements on our website. If a person concerned reaches our website via a Google advertisement, a so-called conversion cookie is stored on the information technology system of the person concerned by Google. What cookies are has already been explained above. A conversion cookie loses its validity after thirty days and does not serve to identify the person concerned. If the cookie has not yet expired, the conversion cookie is used to track whether certain subpages, such as the shopping cart of an online shop system, have been accessed on our website. With the conversion cookie, both we and Google can track whether a person who came to our website via an AdWords ad generated a turnover, i.e. completed or cancelled a purchase. The data and information collected through the use of the conversion cookie is used by Google to compile visit statistics for our website. These visit statistics are in turn used by us to determine the total number of users who were referred to us via AdWords ads, i.e. to determine the success or failure of the respective AdWords ad and to optimise our AdWords ads for the future. Neither our company nor other Google AdWords advertisers receive information from Google that could be used to identify the person concerned. The conversion cookie is used to store personal information, such as the Internet pages visited by the person concerned. Accordingly, each time you visit our website, personal data, including the IP address of the Internet connection used by the person concerned, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may disclose personal data collected through this technical process to third parties. The person concerned can prevent the setting of cookies by our website, as described above, at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a conversion cookie on the information technology system of the person concerned. In addition, a cookie already set by Google AdWords can be deleted at any time via the Internet browser or other software programs. Furthermore, the person concerned may object to the interest-related advertising by Google. To do this, the data subject must access the link www.google.de/settings/ads from any of the Internet browsers he or she uses and make the desired settings there. Further information and the valid data protection regulations of Google can be called up under www.google.de/intl/de/policies/privacy/
The data controller has integrated Xing components into this website. Xing is an Internet-based social network that allows users to connect to existing business contacts and make new business contacts. Individual users can create a personal profile of themselves at Xing. Companies can, for example, create company profiles or publish job offers on Xing.
Xing’s operating company is XING AG, Dammtorstraße 30, 20354 Hamburg, Germany.
Each time one of the individual pages of this website is accessed, which is operated by the data controller and on which an Xing component (Xing plug-in) has been integrated, the Internet browser on the information technology system of the person concerned is automatically prompted by the respective Xing component to download a representation of the corresponding Xing component from Xing. More information about the Xing plug-ins can be found at dev.xing.com/plugins. As part of this technical process, Xing receives information about which specific subpage of our website is visited by the person concerned.
If the person concerned is logged in to Xing at the same time, Xing recognizes which specific page of our website the person concerned is visiting each time the person concerned accesses our website and for the entire duration of that person’s stay on our website. This information is collected by the Xing component and assigned by Xing to the respective Xing account of the person concerned. If the person concerned activates one of the Xing buttons integrated on our website, for example the “Share” button, Xing assigns this information to the personal Xing user account of the person concerned and saves this personal data.
Xing always receives information via the Xing component that the person concerned has visited our website if the person concerned is logged in to Xing at the same time as accessing our website; this takes place regardless of whether the person concerned clicks on the Xing component or not. If the data subject does not wish to transmit this information to Xing in this way, he or she can prevent the transmission by logging out of his or her Xing account before accessing our website.
The data protection regulations published by Xing and available at www.xing.com/privacy provide information about the collection, processing and use of personal data by Xing. Furthermore, Xing has published data protection notices for the XING Share button at www.xing.com/app/share
Our website uses features of the LinkedIn network. The provider is LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA.
Each time you visit one of our pages that contains LinkedIn features, a connection is established to LinkedIn servers. LinkedIn will be notified that you have visited our web pages with your IP address. If you click the LinkedIn “Recommend” button and are logged into your LinkedIn account, LinkedIn will be able to associate your visit to our site with you and your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by LinkedIn.
The LinkedIn plug-in is used on the basis of Art. 6 Para. 1 lit. f DSGVO (GDPR). The website operator has a justified interest in the widest possible visibility in the social media.
Further information can be found in LinkedIn’s data protection declaration at: https://www.linkedin.com/legal/privacy-policy
14. Legal basis for the processing
Art. 6 I lit. a DS-GVO (GDPR) serves our company as a legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b DS-GVO (GDPR). The same shall apply to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of inquiries regarding our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c DS-GVO (GDPR). In rare cases, the processing of personal data may become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our site were injured and his name, age, health insurance information or other vital information would have to be disclosed to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO (GDPR). Ultimately, processing operations could be based on Art. 6 I lit. f DS-GVO (GDPR). Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the data subject do not predominate. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the data controller (recital 47 sentence 2 DS-GVO).
15. Legitimate interests in the processing pursued by the controller or by a third party
If the processing of personal data is based on Article 6 I lit. f DS-GVO (GDPR), it is our legitimate interest to carry out our business activities in all their forms.
16. Duration for which the personal data will be stored
The criterion for the duration of the storage of personal data is the respective legal retention period. After this period has expired, the corresponding data will be routinely deleted unless they are no longer required for the fulfilment or initiation of the contract.
17. Legal or contractual provisions governing the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data
We will inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a person concerned makes personal data available to us which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide personal data would mean that the contract could not be concluded with the data subject. Before the data subject provides personal data, the data subject may contact our data protection officer. Our data protection officer will then inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what consequences the non-availability of the personal data would have.
18. Existence of an automated decision making process
As a responsible company, we refrain from automatic decision-making or profiling.
19. Use of Google Analytics:
20. Transmission of personal data to third parties
In order to process our processes and/or provide services, it is sometimes necessary to transfer your personal data to third parties (e.g. third party providers or subcontractors). The data passed on to third parties will be used by them exclusively for the fulfilment of their obligations or tasks. We have reassured ourselves of their compliance with the provisions of the DS-GVO (GDPR). Transmissions to state institutions or authorities only take place within the framework of mandatory national legal provisions.