We are very delighted
that you have shown interest in our enterprise. Data protection is of a
particularly high priority for the management of the FLUX 3D Engineering GmbH
& Co. KG. The use of the Internet pages of the FLUX 3D Engineering GmbH
& Co. KG is possible without any indication of personal data; however, if a
data subject wants to use special enterprise services via our website,
processing of personal data could become necessary. If the processing of
personal data is necessary and there is no statutory basis for such processing,
we generally obtain consent from the data subject.
The processing of
personal data, such as the name, address, e-mail address, or telephone number
of a data subject shall always be in line with the General Data Protection
Regulation (GDPR), and in accordance with the country-specific data protection
regulations applicable to the FLUX 3D Engineering GmbH & Co. KG. By means
of this data protection declaration, our enterprise would like to inform the
general public of the nature, scope, and purpose of the personal data we
collect, use and process. Furthermore, data subjects are informed, by means of
this data protection declaration, of the rights to which they are entitled.
As the controller, the
FLUX 3D Engineering GmbH & Co. KG has implemented numerous technical and organizational
measures to ensure the most complete protection of personal data processed
through this website. However, Internet-based data transmissions may in
principle have security gaps, so absolute protection may not be guaranteed. For
this reason, every data subject is free to transfer personal data to us via
alternative means, e.g. by telephone.
1. Definitions
The data protection
declaration of the FLUX 3D Engineering GmbH & Co. KG is based on the terms
used by the European legislator for the adoption of the General Data Protection
Regulation (GDPR). Our data protection declaration should be legible and
understandable for the general public, as well as our customers and business
partners. To ensure this, we would like to first explain the terminology used.
In this data protection
declaration, we use, inter alia, the following terms:
a) Personal data
Personal data means any
information relating to an identified or identifiable natural person (“data
subject”). An identifiable natural person is one who 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 to one
or more factors specific to the physical, physiological, genetic, mental, economic,
cultural or social identity of that natural person.
b) Data subject
Data subject is any
identified or identifiable natural person, whose personal data is processed by
the controller responsible for the processing.
c) Processing
Processing is any operation
or set of operations which is performed on personal data or on sets of personal
data, whether or not by automated means, such as collection, recording,
organisation, structuring, storage, adaptation or alteration, retrieval,
consultation, use, disclosure by transmission, dissemination or otherwise
making available, alignment or combination, restriction, erasure or
destruction.
d) Restriction of processing
Restriction of
processing is the marking of stored personal data with the aim of limiting their
processing in the future.
e) Profiling
Profiling means any
form of automated processing of personal data consisting of the use of personal
data to evaluate certain personal aspects relating to a natural person, in
particular to analyse or predict aspects concerning that natural person's
performance at work, economic situation, health, personal preferences,
interests, reliability, behaviour, location or movements.
f) Pseudonymisation
Pseudonymisation is the
processing of personal data in such a manner that the personal data can no
longer be attributed to a specific data subject without the use of additional
information, provided that such additional information is kept separately and
is subject to technical and organisational measures to ensure that the personal
data are not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the
processing
Controller or
controller responsible for the processing 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 determined by Union or Member State
law, the controller or the specific criteria for its nomination may be provided
for by Union or Member State law.
h) Processor
Processor is a natural
or legal person, public authority, agency or other body which processes
personal data on behalf of the controller.
i) Recipient
Recipient is a natural
or legal person, public authority, agency or another body, to which the
personal data are disclosed, whether a third party or not. However, public
authorities which may receive personal data in the framework of a particular
inquiry in accordance with Union or Member State law shall not be regarded as
recipients; the processing of those data by those public authorities shall be
in compliance with the applicable data protection rules according to the
purposes of the processing.
j) Third party
Third party is a
natural or legal person, public authority, agency or body other than the data
subject, controller, processor and persons who, under the direct authority of
the controller or processor, are authorised to process personal data.
k) Consent
Consent of the data
subject is any freely given, specific, informed and unambiguous indication of
the data subject's wishes by which he or she, by a statement or by a clear
affirmative action, signifies agreement to the processing of personal data relating
to him or her.
2. Name and Address of the controller
Controller for the
purposes of the General Data Protection Regulation (GDPR), other data
protection laws applicable in Member states of the European Union and other
provisions related to data protection is:
FLUX 3D Engineering
GmbH & Co. KG
Quellenstr. 13
32758 Detmold
Germany
Phone: +4952329805003
Email:
hermann.hanning@flux-engineering.com
Website:
www.flux-engineering.com
3. Collection of general data and information
The website of the FLUX
3D Engineering GmbH & Co. KG collects a series of general data and
information when a data subject or automated system calls up the website. This
general data and information are stored in the server log files. Collected may
be (1) the browser types and versions used, (2) the operating system used by
the accessing system, (3) the website from which an accessing system reaches
our website (so-called referrers), (4) the sub-websites, (5) the date and time
of access to the Internet site, (6) an Internet protocol address (IP address),
(7) the Internet service provider of the accessing system, and (8) any other
similar data and information that may be used in the event of attacks on our
information technology systems.
When using these
general data and information, the FLUX 3D Engineering GmbH & Co. KG does
not draw any conclusions about the data subject. Rather, this information is
needed to (1) deliver the content of our website correctly, (2) optimize the
content of our website as well as its advertisement, (3) ensure the long-term
viability of our information technology systems and website technology, and (4)
provide law enforcement authorities with the information necessary for criminal
prosecution in case of a cyber-attack. Therefore, the FLUX 3D Engineering GmbH
& Co. KG analyzes anonymously collected data and information statistically,
with the aim of increasing the data protection and data security of our
enterprise, and to ensure an optimal 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 a data subject.
4. Contact possibility via the website
The website of the FLUX
3D Engineering GmbH & Co. KG contains information that enables a quick
electronic contact to our enterprise, as well as 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 controller by e-mail or via a contact
form, the personal data transmitted by the data subject are automatically
stored. Such personal data transmitted on a voluntary basis by a data subject
to the data controller are stored for the purpose of processing or contacting
the data subject. There is no transfer of this personal data to third parties.
5. Routine erasure and blocking of personal data
The data controller
shall process and store the personal data of the data subject only for the
period necessary to achieve the purpose of storage, or as far as this is
granted by the European legislator or other legislators in laws or regulations
to which the controller is subject to.
If the storage purpose
is not applicable, or if a storage period prescribed by the European legislator
or another competent legislator expires, the personal data are routinely
blocked or erased in accordance with legal requirements.
6. Rights of the data subject
a) Right of confirmation
Each data subject shall
have the right granted by the European legislator to obtain from the controller
the confirmation as to whether or not personal data concerning him or her are
being processed. If a data subject wishes to avail himself of this right of
confirmation, he or she may, at any time, contact any employee of the
controller.
b) Right of access
Each data subject shall
have the right granted by the European legislator to obtain from the controller
free information about his or her personal data stored at any time and a copy
of this information. Furthermore, the European directives and regulations grant
the data subject access to the following information:
the purposes of the
processing;
the categories of
personal data concerned;
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;
where possible, the
envisaged period for which the personal data will be stored, or, if not
possible, the criteria used to determine that period;
the existence of the
right to request from the controller rectification or erasure of personal data,
or restriction of processing of personal data concerning the data subject, or
to object to such processing;
the existence of the
right to lodge a complaint with a supervisory authority;
where the personal data
are not collected from the data subject, any available information as to their
source;
the existence of
automated decision-making, including profiling, referred to in Article 22(1)
and (4) of the GDPR and, at least in those cases, meaningful information about
the logic involved, as well as the significance and envisaged consequences of
such processing for the data subject.
Furthermore, the data
subject shall have a right to obtain information as to whether personal data
are transferred to a third country or to an international organisation. Where
this is the case, the data subject shall have the right to be informed of the
appropriate safeguards relating to the transfer.
If a data subject
wishes to avail himself of this right of access, he or she may, at any time, contact
any employee of the controller.
c) Right to rectification
Each data subject shall
have the right granted by the European legislator to obtain from the controller
without undue delay the rectification of inaccurate personal data concerning
him or her. Taking into account the purposes of the processing, the data
subject shall have the right to have incomplete personal data completed,
including by means of providing a supplementary statement.
If a data subject
wishes to exercise this right to rectification, he or she may, at any time,
contact any employee of the controller.
d) Right to erasure (Right to be forgotten)
Each data subject shall
have the right granted by the European legislator to obtain from the controller
the erasure of personal data concerning him or her without undue delay, and the
controller shall have the obligation to erase personal data without undue delay
where one of the following grounds applies, as long as the processing is not
necessary:
The personal data are
no longer necessary in relation to the purposes for which they were collected
or otherwise processed.
The data subject
withdraws consent to which the processing is based according to point (a) of
Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where
there is no other legal ground for the processing.
The data subject
objects to the processing pursuant to Article 21(1) of the GDPR and there are
no overriding legitimate grounds for the processing, or the data subject
objects to the processing pursuant to Article 21(2) of the GDPR.
The personal data have
been unlawfully processed.
The personal data must
be erased for compliance with a legal obligation in Union or Member State law
to which the controller is subject.
The personal data have
been collected in relation to the offer of information society services
referred to in Article 8(1) of the GDPR.
If one of the
aforementioned reasons applies, and a data subject wishes to request the
erasure of personal data stored by the FLUX 3D Engineering GmbH & Co. KG,
he or she may, at any time, contact any employee of the controller. An employee
of FLUX 3D Engineering GmbH & Co. KG shall promptly ensure that the erasure
request is complied with immediately.
Where the controller
has made personal data public and is obliged pursuant to Article 17(1) to erase
the personal data, the controller, taking account of available technology and
the cost of implementation, shall take reasonable steps, including technical
measures, to inform other controllers processing the personal data that the
data subject has requested erasure by such controllers of any links to, or copy
or replication of, those personal data, as far as processing is not required.
An employees of the FLUX 3D Engineering GmbH & Co. KG will arrange the
necessary measures in individual cases.
e) Right of restriction of processing
Each data subject shall
have the right granted by the European legislator to obtain from the controller
restriction of processing where one of the following applies:
The accuracy of the
personal data is contested by the data subject, for a period enabling the
controller to verify the accuracy of the personal data.
The processing is
unlawful and the data subject opposes the erasure of the personal data and
requests instead the restriction of their use instead.
The controller no
longer needs the personal data for the purposes of the processing, but they are
required by the data subject for the establishment, exercise or defence of
legal claims.
The data subject has
objected to processing pursuant to Article 21(1) of the GDPR pending the
verification whether the legitimate grounds of the controller override those of
the data subject.
If one of the
aforementioned conditions is met, and a data subject wishes to request the
restriction of the processing of personal data stored by the FLUX 3D
Engineering GmbH & Co. KG, he or she may at any time contact any employee
of the controller. The employee of the FLUX 3D Engineering GmbH & Co. KG
will arrange the restriction of the processing.
f) Right to data portability
Each data subject shall
have the right granted by the European legislator, to receive the personal data
concerning him or her, which was provided to a controller, in a structured,
commonly used and machine-readable format. He or she shall have the right to
transmit those data to another controller without hindrance from the controller
to which the personal data have been provided, as long as the processing is
based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a)
of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article
6(1) of the GDPR, and the processing is carried out by automated means, as long
as the processing is not necessary for the performance of a task carried out in
the public interest or in the exercise of official authority vested in the
controller.
Furthermore, in
exercising his or her right to data portability pursuant to Article 20(1) of
the GDPR, the data subject shall have the right to have personal data
transmitted directly from one controller to another, where technically feasible
and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the
right to data portability, the data subject may at any time contact any
employee of the FLUX 3D Engineering GmbH & Co. KG.
g) Right to object
Each data subject shall
have the right granted by the European legislator to object, on grounds
relating to his or her particular situation, at any time, to processing of
personal data concerning him or her, which is based on point (e) or (f) of
Article 6(1) of the GDPR. This also applies to profiling based on these
provisions.
The FLUX 3D Engineering
GmbH & Co. KG shall no longer process the personal data in the event of the
objection, unless we can demonstrate compelling legitimate grounds for the
processing which override the interests, rights and freedoms of the data
subject, or for the establishment, exercise or defence of legal claims.
If the FLUX 3D
Engineering GmbH & Co. KG processes personal data for direct marketing
purposes, the data subject shall have the right to object at any time to
processing of personal data concerning him or her for such marketing. This
applies to profiling to the extent that it is related to such direct marketing.
If the data subject objects to the FLUX 3D Engineering GmbH & Co. KG to the
processing for direct marketing purposes, the FLUX 3D Engineering GmbH &
Co. KG will no longer process the personal data for these purposes.
In addition, the data
subject has the right, on grounds relating to his or her particular situation,
to object to processing of personal data concerning him or her by the FLUX 3D
Engineering GmbH & Co. KG for scientific or historical research purposes,
or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the
processing is necessary for the performance of a task carried out for reasons
of public interest.
In order to exercise
the right to object, the data subject may contact any employee of the FLUX 3D
Engineering GmbH & Co. KG. In addition, the data subject is free in the
context of the use of information society services, and notwithstanding
Directive 2002/58/EC, to use his or her right to object by automated means
using technical specifications.
h) Automated individual decision-making, including profiling
Each data subject shall
have the right granted by the European legislator not to be subject to a
decision based solely on automated processing, including profiling, which
produces legal effects concerning him or her, or similarly significantly affects
him or her, as long as the decision (1) is not is necessary for entering into,
or the performance of, a contract between the data subject and a data
controller, or (2) is not authorised by Union or Member State law to which the
controller is subject and which also lays down suitable measures to safeguard
the data subject's rights and freedoms and legitimate interests, or (3) is not
based on the data subject's explicit consent.
If the decision (1) is
necessary for entering into, or the performance of, a contract between the data
subject and a data controller, or (2) it is based on the data subject's
explicit consent, the FLUX 3D Engineering GmbH & Co. KG shall implement
suitable measures to safeguard the data subject's rights and freedoms and
legitimate interests, at least the right to obtain human intervention on the
part of the controller, to express his or her point of view and contest the
decision.
If the data subject
wishes to exercise the rights concerning automated individual decision-making,
he or she may, at any time, contact any employee of the FLUX 3D Engineering
GmbH & Co. KG.
i) Right to withdraw data protection consent
Each data subject shall
have the right granted by the European legislator to withdraw his or her
consent to processing of his or her personal data at any time.
If the data subject
wishes to exercise the right to withdraw the consent, he or she may, at any
time, contact any employee of the FLUX 3D Engineering GmbH & Co. KG.
7. Data protection provisions about the application and use of Google
Analytics (with anonymization function)
On this website, the
controller has integrated the component of Google Analytics (with the
anonymizer function). Google Analytics is a web analytics service. Web
analytics is the collection, gathering, and analysis of data about the behavior
of visitors to websites. A web analysis service collects, inter alia, data
about the website from which a person has come (the so-called referrer), which
sub-pages were visited, or how often and for what duration a sub-page was
viewed. Web analytics are mainly used for the optimization of a website and in
order to carry out a cost-benefit analysis of Internet advertising.
The operator of the
Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street,
Dublin, D04 E5W5, Ireland.
For the web analytics
through Google Analytics the controller uses the application "_gat.
_anonymizeIp". By means of this application the IP address of the Internet
connection of the data subject is abridged by Google and anonymised when
accessing our websites from a Member State of the European Union or another
Contracting State to the Agreement on the European Economic Area.
The purpose of the
Google Analytics component is to analyze the traffic on our website. Google uses
the collected data and information, inter alia, to evaluate the use of our
website and to provide online reports, which show the activities on our
websites, and to provide other services concerning the use of our Internet site
for us.
Google Analytics places
a cookie on the information technology system of the data subject. The
definition of cookies is explained above. With the setting of the cookie,
Google is enabled to analyze the use of our website. With each call-up to one
of the individual pages of this Internet site, which is operated by the
controller and into which a Google Analytics component was integrated, the
Internet browser on the information technology system of the data subject will
automatically submit data through the Google Analytics component for the
purpose of online advertising and the settlement of commissions to Google.
During the course of this technical procedure, the enterprise Google gains
knowledge of personal information, such as the IP address of the data subject,
which serves Google, inter alia, to understand the origin of visitors and
clicks, and subsequently create commission settlements.
The cookie is used to
store personal information, such as the access time, the location from which
the access was made, and the frequency of visits of our website by the data
subject. With each visit to our Internet site, such personal data, including
the IP address of the Internet access used by the data subject, will be
transmitted to Google in the United States of America. These personal data are
stored by Google in the United States of America. Google may pass these
personal data collected through the technical procedure to third parties.
The data subject may,
as stated above, prevent the setting of cookies through our website at any time
by means of a corresponding adjustment of the web browser used and thus
permanently deny the setting of cookies. Such an adjustment to the Internet
browser used would also prevent Google Analytics from setting a cookie on the
information technology system of the data subject. In addition, cookies already
in use by Google Analytics may be deleted at any time via a web browser or
other software programs.
In addition, the data
subject has the possibility of objecting to a collection of data that are
generated by Google Analytics, which is related to the use of this website, as
well as the processing of this data by Google and the chance to preclude any
such. For this purpose, the data subject must download a browser add-on under
the link https://tools.google.com/dlpage/gaoptout and install it. This browser
add-on tells Google Analytics through a JavaScript, that any data and
information about the visits of Internet pages may not be transmitted to Google
Analytics. The installation of the browser add-ons is considered an objection
by Google. If the information technology system of the data subject is later
deleted, formatted, or newly installed, then the data subject must reinstall
the browser add-ons to disable Google Analytics. If the browser add-on was
uninstalled by the data subject or any other person who is attributable to
their sphere of competence, or is disabled, it is possible to execute the
reinstallation or reactivation of the browser add-ons.
Further information and
the applicable data protection provisions of Google may be retrieved under
https://www.google.com/intl/en/policies/privacy/ and under
http://www.google.com/analytics/terms/us.html. Google Analytics is further
explained under the following Link https://www.google.com/analytics/.
8. Legal basis for the processing
Art. 6(1) lit. a GDPR
serves as the legal basis for processing operations for 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 party,
as is the case, for example, when processing operations are necessary for the
supply of goods or to provide any other service, the processing is based on
Article 6(1) lit. b GDPR. The same applies to such processing operations which are
necessary for carrying out pre-contractual measures, for example in the case of
inquiries concerning our products or services. Is our company subject to a
legal obligation by which processing of personal data is required, such as for
the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c
GDPR. In rare cases, the processing of personal data may be necessary to
protect the vital interests of the data subject or of another natural person.
This would be the case, for example, if a visitor were injured in our company
and his name, age, health insurance data or other vital information would have
to be passed on to a doctor, hospital or other third party. Then the processing
would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could
be based on Article 6(1) lit. f GDPR. This legal basis is used for processing
operations which are not covered by any of the abovementioned legal grounds, if
processing is necessary for the purposes of the legitimate interests pursued by
our company or by a third party, except where such interests are overridden by
the interests or fundamental rights and freedoms of the data subject which
require protection of personal data. Such processing operations are
particularly permissible because they have been specifically mentioned by the
European legislator. He considered that a legitimate interest could be assumed
if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
9. The legitimate interests pursued by the controller or by a third party
Where the processing of
personal data is based on Article 6(1) lit. f GDPR our legitimate interest is
to carry out our business in favor of the well-being of all our employees and
the shareholders.
10. Period for which the personal data will be stored
The criteria used to
determine the period of storage of personal data is the respective statutory
retention period. After expiration of that period, the corresponding data is
routinely deleted, as long as it is no longer necessary for the fulfillment of
the contract or the initiation of a contract.
11. Provision of personal data as statutory or contractual requirement;
Requirement necessary to enter into a contract; Obligation of the data subject
to provide the personal data; possible consequences of failure to provide such
data
We clarify that the
provision of personal data is partly required by law (e.g. tax regulations) or
can also result from contractual provisions (e.g. information on the
contractual partner). Sometimes it may be necessary to conclude a contract that
the data subject provides us with personal data, which must subsequently be
processed by us. The data subject is, for example, obliged to provide us with
personal data when our company signs a contract with him or her. The non-provision
of the personal data would have the consequence that the contract with the data
subject could not be concluded. Before personal data is provided by the data
subject, the data subject must contact any employee. The employee clarifies to
the data subject 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 the consequences of
non-provision of the personal data.
12. Existence of automated decision-making
As a responsible
company, we do not use automatic decision-making or profiling.
This Privacy Policy has
been generated by the Privacy Policy Generator of the External Data
Protection Officers that
was developed in cooperation with the Media Law Lawyers from WBS-LAW.