Source: German Association for Data Protection (DGD)
Thank you for your interest in our company. Data protection is given very high priority by the management of Fluvius GmbH. You can generally use the website of Fluvius GmbH without providing any personal data whatsoever. However, if a data subject wishes to take advantage of special services of our company via our website, it may be necessary to process personal data for this purpose. If it is necessary to process personal data and if there is no legal basis for such processing, we will generally obtain the consent of the data subject.
Fluvius GmbH as the processing controller has implemented numerous technical and organisational measures to ensure the most complete protection possible of personal data processed via this website. In spite of this, however, security gaps are always possible in Internet-based transfers of data, so that we cannot guarantee total protection. For this reason, any data subject is free to transfer personal data to us in alternative ways, for example by telephone.
1. Definitions of Terms
a) ‘Personal data’ means any information relating to an identified or identifiable natural person (hereinafter “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’ is any identified or identifiable natural person whose personal data is processed by the controller responsible for processing.
c) ‘Processing’ means 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’ means the marking of stored personal data with the aim of limiting its processing in the future.
e) ‘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’ means 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 is not attributed to an identified or identifiable natural person.
g) ‘Controller’ or ‘processing controller’ means 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’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
i) ‘Recipient’ means a natural or legal person, public authority, agency or another body to which personal data is 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.
j) Third party’ means 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’ of the data subject means 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 Contact Details of the Processing Controller
The controller in accordance with the General Data Protection Regulation, other data protection laws which apply in the member states of the European Union and any other statutory data protection regulations is:
Managing Director: Sebastian Schmitz
Phone: 02159 67500-0
Fax: 02159 67500-19
3. Name and Address of the Data Protection Officer
The data protection officer for the processing controller is:
c/o. TRIESCH Managementsysteme & Datenschutz
Phone: 02150 7948980
Fax: 02150 7948985
Any data subject who has queries and suggestions concerning data protection may consult our data protection officer directly.
If one logs into the Typo3 content management system underlying the website as a back-end user, however, session cookies required for working in the content management system are placed. However, this does not affect a standard site visitor
The data subject can prevent the placement of cookies by our website at any time by correspondingly setting the internet browser used and thus permanently object to the placement of cookies. Furthermore, cookies which have already been placed can be erased at any time via an internet browser or other software programmes. This is possible in all standard web browsers. If the data subject disables the placement of cookies in the web browser that they use, however, in certain circumstances, it may not be possible for them to use all the features of our website to their full extent.
5. Gathering of General Data and Information
The website of Fluvius GmbH collects a range of general data and information with every access to the website by a data subject or an automated system. Such general data and information are stored in the log files of the server. We may record (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from where an accessing system has come across our website (so called referrer), (4) the subpages accessed on our website via an accessing system, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information utilised to avert or defend against danger in the case of attacks on our information technology systems.
When using this general data and information, Fluvius GmbH does not draw conclusions on the identity of the data subject. This information is rather required (1) to correctly display the contents of our website, (2) to optimise the contents of as well as the advertising relating to the website, (3) to guarantee the permanent functionality of our IT systems and the technology of our website and (4) to provide law enforcement authorities with the information necessary for prosecution in case of a cyber-attack. This anonymously collected data and information is thus evaluated by Fluvius GmbH, on the one hand for statistical purposes and on the other hand to improve data protection and data security in our company with the final aim of providing an ideal level of protection for the personal data processed by us. The anonymous data from the server log files is retained separately from all personal data provided by a data subject.
6. Contacting Option Via the Website
Due to legal provisions, the website of Fluvius GmbH contains details allowing to quickly establish electronic contact to our company as well as to directly communicate with us, which also comprises a general address of the so-called electronic mail (e-mail address). If a data subject contacts the processing controller by e-mail or using a contact form, the personal data transferred by the data subject will be saved automatically. Such personal data transferred to the processing controller on a voluntary basis will be retained for purposes of processing or to contact the data subject. Such personal data will not be disclosed to third parties.
7. Use of Third-Party Services and Contents
It may be the case that contents or services of third parties, such as city maps or fonts of other websites, will be embedded within our online offering. The embedding of contents of third-party providers always requires that the third-party providers recognise the users’ IP address since they would otherwise not be able to send the contents to the users’ browsers. The IP address is therefore required to display such contents. Furthermore, the providers of third-party contents may place cookies and use the users’ data for own purposes. In the process, usage profiles of users can be created based on processed data. We will use such contents saving and avoiding as much data as possible while choosing third-party providers reliable in terms of data security.
The following list provides an overview of third-party providers and their contents including links to their privacy policies, which contain further information on the processing of data and options to object (referred to as opt out), some of which have already been mentioned here:
8. Routine Erasure and Blocking of Personal Data
The processing controller processes and retains personal data of the data subject only for the period required to achieve the retention purpose or where this has been provided for by the European body issuing directives and regulations or by any other legislator in laws or regulations, to which the processing controller is subject.
If the purpose of retention ceases to apply or if a retention period prescribed by the European body issuing directives and regulations elapses, the personal data will be blocked or erased as a matter of routine according to the legal regulations.
9. Rights of Data Subjects
a) Right to Confirmation
Each data subject has the right granted by the European body issuing directives and regulations to obtain confirmation from the processing controller as to whether personal data concerning him or her is processed. If a data subject wants to make use of this right to confirmation, the data subject can contact an employee of the processing controller to this end at any time.
b) Right of Access
Each data subject affected by personal data processing has the right granted by the European body issuing directives and regulations to obtain from the processing controller access to the personal data retained about the data subject and to receive a copy of such information at any time. Furthermore, the European body issuing directives and regulations has granted the data subject the right to obtain access to the following information:
- the purposes of processing;
- the categories of personal data concerned;
- the recipients or categories of recipient to whom the personal data;
- has 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 right to lodge a complaint with a supervisory authority;
- where the personal data is not collected from the data subject: any available information as to its source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
Furthermore, the data subject has a right to be provided with information as to whether any personal data was transmitted to a third country or to an international organisation. Where this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wants to make use of this right of access, the data subject can contact an employee of the processing controller to this end at any time.
c) Right to Rectification
Each data subject affected by personal data processing has the right granted by the European body issuing directives and regulations to obtain without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject also has the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wants to make use of this right to rectification, the data subject can contact an employee of the processing controller to this end at any time.
d) Right to Erasure (Right to be Forgotten)
Each data subject affected by personal data processing has the right granted by the European body issuing directives and regulations to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and to the extent that such processing is not necessary:
- The personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
- The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) GDPR, or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
- The personal data has been unlawfully processed.
- The personal data has to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data has been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
If one of the aforementioned grounds applies and a data subject would like to arrange the erasure of personal data that is saved by Fluvius GmbH, the data subject can contact an employee of the processing controller to this end at any time. The employee of Fluvius GmbH will arrange for the erasure request to be complied with immediately.
Where Fluvius GmbH has made the personal data public and is obliged pursuant to Art. 17(1) GDPR to erase the personal data, Fluvius GmbH, taking account of available technology and the cost of implementation, will take reasonable steps, including technical measures, to inform other data processing controllers which are processing the personal data that the data subject has requested the erasure by such other data processing controllers of any links to, or copy or replication of, this personal data, where such processing is not required. The employee of Fluvius GmbH will see that the necessary steps are taken on a case-by-case basis.
e) Right to Restriction of Processing
Each data subject affected by personal data processing has the right granted by the European body issuing directives and regulations 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 the restriction of its use instead.
- The controller no longer needs the personal data for the purposes of the processing, but it is required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Art. 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
Where one of the aforementioned conditions applies and a data subject wants to request restriction of the processing of personal data retained by Fluvius GmbH, the data subject can contact an employee of the processing controller to this end at any time. The employee of Fluvius GmbH will arrange for the restriction of processing.
f) Right to Data Portability
Each data subject affected by personal data processing has the right granted by the European body issuing directives and regulations to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. Moreover, the data subject also has the right to transmit those data to another controller without hindrance from the controller to which the personal data has been provided, where the processing is based on consent pursuant to point (a) of Art. 6(1) GDPR or point (a) of Art. 9(2) GDPR or on a contract pursuant to point (b) of Art. 6(1) GDPR and the processing is carried out by automated means, unless 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.
Furthermore, when exercising his or her right to data portability according to Art. 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and where this does not adversely affect the rights and freedoms of others.
To exercise the right to data portability, the data subject can contact an employee of Fluvius GmbH at any time.
g) Right to Object
Each data subject affected by personal data processing has the right granted by the European body issuing directives and regulations 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 Art. 6(1) GDPR. This also applies to profiling based on those provisions.
If an objection is asserted, Fluvius GmbH will no longer process the personal data 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.
Where personal data is processed by Fluvius GmbH for direct marketing purposes, the data subject has the right to object at any time to processing of personal data concerning him or her for such marketing. This also includes profiling to the extent that it is related to such direct marketing. Where the data subject objects vis-à-vis Fluvius GmbH to processing for direct marketing purposes, the personal data will no longer be processed by Fluvius GmbH for such purposes.
Moreover, where personal data is processed at Fluvius GmbH for scientific or historical research purposes or statistical purposes pursuant to Art. 89(1) GDPR, the data subject, on grounds relating to his or her particular situation, has the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right to object, the data subject can directly contact any employee of Fluvius GmbH. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may further exercise his or her right to object by automated means using technical specifications.
h) Automated Individual Decision-Making, Including Profiling
Each data subject affected by personal data processing has the right granted by the European body issuing directives and regulations 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, unless the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is 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 based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is based on the data subject's explicit consent, Fluvius GmbH will 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 to contest the decision.
Where the data subject wants to assert rights in relation to automated decision-making, the data subject can contact an employee of the processing controller to this end at any time.
i) Right to Withdraw Consent Given Under Data Protection Law
Each data subject affected by personal data processing has the right granted by the European body to withdraw his or her consent to personal data processing at any time.
Where the data subject wants to assert his or her right to withdraw consent, the data subject can contact an employee of the processing controller to this end at any time.
10. Legal Basis of Processing
Point (a) of Art. 6(1) GDPR serves our company as a legal basis for the 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 in processing operations, for example, which is necessary for the delivery of goods or the provision of another service or return service, then the processing is based on point (b) of Art. 6(1) GDPR. The same applies to any processing operations that are necessary for the implementation of pre-contractual measures, for ex. in cases of requests regarding our products or services. If our company is subject to a legal obligation, due to which any processing of personal data becomes necessary, for example to meet tax obligations, then the processing is based on point (c) of Art. 6(1) GDPR. In rare cases, the processing of personal data could become 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 was to be injured in our business premises and as a result his or her name, age, health insurance data or other vital information would need to be transferred to a doctor, hospital or other third parties. Then, the processing would be based on point (d) of Art. 6(1) GDPR.
Finally, processing operations could be based on point (f) of Art. 6(1) GDPR. This legal basis applies to processing operations that are not covered by any of the aforementioned legal bases, where 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. We are allowed to carry out such processing operations, in particular, because they have been specifically mentioned by the European legislator. In this context, the legislator took the view that a legitimate interest could be assumed if the data subject is a client of the controller (recital 47 sentence 2 GDPR).
11. Legitimate Interests in Processing Pursued by the Controller or by a Third Party
If the processing of personal data is based on point (f) of Art. 6(1) GDPR, our legitimate interest is the conduction of our business activities for the benefit of the well-being of all our employees and our shareholders.
12. Duration for Which the Personal Data will be Retained
The criteria for the period of retention of personal data is the respective legal retention period. After expiry of the period, the corresponding data will be routinely erased, unless it is still required for the performance or initiation of a contract.
13. Statutory or Contractual Requirements Regarding the Provision of Personal Data; Necessity to Enter into a Contract; Obligation of the Data Subject to Provide the Personal Data; Possible Consequences of Non-Provision
Please take note of the fact that the provision of personal data is, to some extent, a statutory requirement (e.g. tax regulations) or can also arise from contractual regulations (e.g. details about the contractual partner). Sometimes, to enter into a contract, it can be necessary for a data subject to provide us with personal data which, as a result, must be processed by us. For example, the data subject is obliged to provide us with personal data if our company enters into a contract with the data subject. If the personal data is not provided, this would mean that the contract could not be entered into with the data subject.
Before any personal data is provided by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis about whether the provision of the personal data is a statutory or contractual requirement or necessary to enter into the contract, whether there is any obligation to provide the personal data, and what the consequences of not providing such personal data would be.
14. Existence of Automated Decision-Making
As a responsible enterprise, we refrain from automated decision-making or profiling.