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08.07.2020

Privacy policy

1. General information

Why you should read the privacy policy...

In the following we inform you about the collection of personal data when using our website. Personal data are all data with the help of which you can be identified as a person or which can be related to you. Such data may be: name, address, email addresses, but also user behaviour.

Your data is your property! No one has the right to misuse your data. Take your time and find out what happens to your data on our website.

What information do I find in the privacy policy?

It is no longer possible to imagine our everyday life without websites. With the help of the websites we can inform you about our services or products and you have the possibility to compare services, to order or simply to inform yourself in an uncomplicated, cost-effective and comfortable way.

However, this is only possible if you leave your “tracks”, i. e. certain information such as the internet browser you use to surf, the operating system you have installed as well as other data about you that is stored by us.

You can read the information about the processing of individual data below under the respective heading.

2. Hosting and content delivery networks (CDN)

External hosting

This website is hosted by an external service provider (host). The personal data collected on this website are stored on the servers of the host. This may include, but is not limited to, IP addresses, contact requests, meta and communication data, contract data, contact data, names, website accesses and other data generated by a website.

The use of the host is for the purpose of fulfilling the contract with our potential and existing customers (point (b) of Art. 6(1) GDPR) and in the interest of a secure, fast and efficient provision of our online offer by a professional provider (point (f) of Art. 6(1) GDPR).

Our host will only process your data to the extent necessary to fulfil its performance obligations and will follow our instructions with regard to these data.

 

 

Conclusion of a contract for order processing

In order to guarantee processing in compliance with data protection, we have concluded a contract for order processing with our host.

3. General information about the controller and your rights

Data protection

The owners of these websites take the protection of your personal data very seriously. We will keep your personal data confidential and handle them in accordance with statutory provisions on data protection as well as this privacy policy.

When you use this website, various personal data are collected. Personal data means any data by which you can be identified personally. This privacy policy explains which data we collect and what we use them for. It also explains how and for what purpose this is done.

Please note that transferring data over the internet (e. g., when communicating by email) may be subject to security vulnerabilities. Complete protection of data against access by third parties is not possible.

Information regarding the controller

The controller for data processing on this website is:

Fleximaus GmbH
Jochen Rößler
Faulenberg 3
91583 Schillingfürst

Telephone: 09868/9341765
Email: info@fleximaus.de

The controller is the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing of personal data (e. g. names, email addresses and the like).

Withdrawal of your consent to data processing

Many instances of data processing are possible only with your express consent. You can withdraw any consent already given at any time. The withdrawal of consent shall not affect the lawfulness of data processing based on consent before its withdrawal.

Right to object to data collection in special cases and to direct marketing (Art. 21 GDPR)

IF DATA PROCESSING IS CARRIED OUT ON THE BASIS OF POINT (E) OR (F) OF ART 6(1) GDPR, YOU WILL HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA AT ANY TIME FOR REASONS ARISING FROM YOUR SPECIFIC SITUATION, INCLUDING PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU RAISE OBJECTIONS, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA FOR THESE REASONS UNLESS WE HAVE PROOF OF COMPELLING AND LEGITIMATE REASONS FOR PROCESSING WHICH PREVAIL OVER YOUR INTERESTS, RIGHTS AND FREEDOMS, OR WHERE THE PROCESSING IS NECESSARY FOR THE ESTABLISHMENT, EXERCISE OR DEFENCE OF LEGAL CLAIMS (OBJECTION ACCORDING TO ART. 21(2) GDPR).

IF YOUR PERSONAL DATA ARE PROCESSED FOR THE PURPOSES OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSES OF THIS MARKETING AT ANY TIME, INCLUDING PROFILING IN CONNECTION WITH SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR THE PURPOSE OF DIRECT MARKETING (OBJECTION ACCORDING TO ART. 21(2) GDPR).

Right to lodge a complaint with the competent supervisory authority

In the case of violations of the GDPR, the persons concerned have a right to lodge a complaint to a supervisory authority, in particular in the member state of their habitual residence, place of work or place of the suspected violation. The right to lodge a complaint is without prejudice to any other administrative or legal remedies.

Right to data portability

You have the right to receive the data which we process automatically based on your consent or in the performance of a contract or have them transmitted to a third party in a commonly used, machine-readable format. Where you request the direct transmission of the data to another controller, this will be done only where technically feasible.

Information, deletion and correction

Under applicable legal provisions, you have the right, at any time and free of charge, of access to your personal data stored by us and to information about their source and recipients and the purposes of the data processing and, where appropriate, a right to rectification or erasure of these data. Regarding this and other questions concerning personal data, you can contact us at any time at the address given in the legal notice.

Right to restriction of processing

You have the right to request that the processing of your personal data be restricted. Regarding this, you can contact us at any time at the address given in the legal notice. The restriction of processing exists in the following cases:

  • If you dispute the accuracy of your personal data stored with us, we usually need time to verify this. For the duration of the verification you have the right to request that the processing of your personal data be restricted.
  • If the processing of your personal data was / is carried out unlawfully, you may request that the data processing be restricted instead of deleted.
  • If we no longer need your personal data, but you do need it to exercise, defend or assert legal claims, you have the right to request that we restrict the processing of your personal data instead of deleting it.
  • If you have lodged an objection under Art. 21(1) GDPR, a balance must be made between your interests and ours. As long as it is not yet clear whose interests prevail, you have the right to request that the processing of your personal data be restricted.

If you have restricted the processing of your personal data, such data may be processed – apart from their storage – only with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest of the European Union or a Member State.

4. Data collection on our website

Server log files

The provider of the website automatically collects and stores information in server log files which are transmitted to us automatically by your browser. These include:

  • Type and version of the browser used
  • Operating system used
  • Referrer URL
  • Host name of the computer accessing the website
  • Time of the server request
  • IP address

This data is not combined with other data sources.

These data are collected on the basis of point (f) of Art. 6(1) GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimisation of its website – for this purpose, the server log files must be recorded.

Contact form

If you send us requests via a contact form, your information from the request form including the contact details given there will be stored by us for the purpose of dealing with your request and any further questions. We will not pass these data on to others without your consent.

These data are processed on the basis of point (b) of Art. 6(1) GDPR if your request is related to the fulfilment of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the requests addressed to us (point (f) of Art. 6(1) GDPR).

The data entered into the contact form by you will remain with us until you request their erasure, withdraw your consent to their storage or the purpose for which the data were stored no longer applies (e. g., when your request has been dealt with). Mandatory statutory provisions – in particular retention periods – remain unaffected.

Request by email or phone

If you contact us by email or phone, your request including all personal data (name, request) resulting thereof will be stored and processed by us for the purpose of processing your request. We will not pass these data on to others without your consent.

These data are processed on the basis of point (b) of Art. 6(1) GDPR if your request is related to the fulfilment of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the requests addressed to us (point (f) of Art. 6(1) GDPR).

The data sent to us via contact requests will remain with us until you request their erasure, withdraw your consent to their storage or the purpose for which the data were stored no longer applies (e. g. when your request has been dealt with). Any mandatory statutory provisions – in particular, statutory retention periods – remain unaffected.

 

 

 

Customer data

Purposes and legal basis of the processing

The data processing is carried out on the basis of the contractual or pre-contractual relationship existing between you and us, for accounting purposes as well as for the purpose of optimum customer care, in particular in order to contact you.

Recipients of personal data

The recipients of the data are the employees of Fleximaus GmbH as well as our external IT service provider.

Further recipients of your personal data may be:

Tax advisor, company lawyer, insurance companies, tax office or in individual cases also suppliers.

We only transmit your personal data to third parties where permitted by law or if you have given your consent.

 

 

5. Plugins and tools

Google Maps

The page my.fleximaus.de uses the map service Google Maps via an API. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

To use the functions of Google Maps, it is necessary to save your IP address. This information is usually transmitted to a Google server in the USA and stored there. The provider of this site has no influence on this data transmission.

The use of Google Maps is in the interest of our customers and serves to provide an overview of the placement of their wind turbines. However, you have an option not to activate the Google Maps service and to use our services so that you do not suffer any disadvantages. Only the map display of their wind farm in then not possible. The legal basis is therefore your consent to point (a) of Art. 6(1) GDPR; this consent is voluntary and can be revoked at any time.

You can find further information about how user data are handled in Google’s privacy policy at: https://policies.google.com/privacy?hl=de.

6. Own services

Handling of applicant data

We offer you the opportunity to apply to us (e. g. by email or post). In the following, we inform you about the scope, purpose and use of your personal data collected as part of the application process. We assure you that the collection, processing and use of your data will be carried out in accordance with applicable data protection law and all other statutory provisions and that your data will be treated in strict confidence.

Scope and purpose of data collection

If you send us an application, we process your associated personal data (e.g. contact and communication data, application documents, notes taken during interviews, etc.) to the extent that this is necessary to decide on the establishment of an employment relationship. The legal basis for this is Section 26 BDSG-neu [new German Federal Data Protection Act] under German law (initiation of an employment relationship), point (b) of Art. 6(1) GDPR (general contract initiation) and – if you have given your consent – point (a) of Art. 6(1) GDPR. The consent can be revoked at any time. Your personal data will only be passed on within our company to persons who are involved in processing your application.

If the application is successful, the data submitted by you will be stored in our data processing systems on the basis of Section 26 BDSG-neu and point (b) of Art. 6(1) GDPR for the purpose of implementing the employment relationship.

Retention period of the data

If we are unable to provide you with a job offer, if you reject a job offer or withdraw your application, we reserve the right to retain the data you have provided on the basis of our legitimate interests (point (f) of Art. 6(1) GDPR) for up to 6 months from the end of the application process (rejection or withdrawal of the application). The data is then erased and the physical application documents are destroyed. The storage serves in particular as evidence in the event of a legal dispute. If it is evident that the data will be required after the 6-month period has expired (e. g. due to an impending or pending legal dispute), the data will only be erased when the purpose for continued storage no longer applies.

Longer storage may also take place if you have given your consent (point (a) of Art. 6(1) GDPR) or if legal storage obligations prevent erasure.

Our social media presence

Data processing by social networks

We have publicly accessible profiles in social networks. You can find details about the social networks used by us below.

Social networks such as Facebook, Twitter etc. can usually analyse your user behaviour comprehensively if you visit their website or a website with integrated social media contents (e.g. “Like” buttons or advertising banners). When our social media presences are visited, numerous processing operations are triggered that are relevant to data protection. In detail:

If you are logged into your social media account and you visit our social media presence, the operator of the social media portal can allocate this visit to your user account. However, your personal data may also be collected if you are not logged in or if you do not have an account with the respective social media portal. In this case, your data may be collected e. g. via cookies which are stored on your terminal device or by recording your IP address.

By means of the data collected in such a way, the social media portal operators can create user profiles where your preferences and interests are recorded. Interest-related advertising can thus be shown to you inside and outside the respective social media presence. If you have an account with the respective social network, the interest-related advertising can be shown on all devices where you are signed in or have been signed in.

Please also note that we are not able to reproduce all processing steps on the social medial portals. Depending on the provider, further processing operations may therefore be carried out by the social media portal operators. You can find more details in the terms of use and data protection regulations of the relevant social media portals.

Legal basis

Our social media appearances are intended to guarantee as comprehensive an Internet presence as possible. This constitutes a legitimate interest within the meaning of point (f) of Art. 6(1) of the GDPR. The analysis procedures initiated by the social networks may be based on deviating legal bases that need to be stated by the social network operators (e. g. consent within the meaning of point (a) of Art. 6(1) of the GDPR).

Controller and exercise of rights

If you visit any of our social media appearances (e. g. Facebook), we are responsible for the data processing operations triggered by this visit jointly with the social media platform operator. You can generally invoke your rights (access, correction, erasure, restriction of processing, data portability and complaint) both against us and against the operator of the respective social media portal (e. g. Facebook).

Please note that, despite our joint responsibility with the social media portal operators, we cannot fully influence the data processing operations performed by the social media portals. Our options significantly depend on the corporate policy of the respective provider.

Retention period

The data directly collected by us via the social media presence are erased by our systems as soon as the purpose for their storage no longer applies, you demand that we erase them, you revoke your consent to storage or the purpose for the data retention no longer applies. Stored cookies remain on your device until you erase them. Mandatory statutory provisions – particularly retention periods – remain unaffected.

We have no influence on the storage duration of your data that are stored by the social network operators for their own purposes. You can obtain more details directly from the social network operators (e. g in their privacy statement, see below).

Social networks in detail

Facebook

We have a Facebook profile. The provider of this service is Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. According to Facebook, the data collected is also transferred to the USA and other third countries.

We concluded an agreement on joint processing with Facebook (Controller Addendum). It is set out in this agreement for what data processing operations we are and / or Facebook is responsible when you visit our Facebook page. You can view this agreement via the following link:https://www.facebook.com/legal/terms/page_controller_addendum.

You can adjust your advertising settings in your user account yourself. To do so, click on the following link and log in:  https://www.facebook.com/settings?tab=ads.

You can find details in Facebook’s privacy statement: https://www.facebook.com/about/privacy/.

Instagram

We have an Instagram profile. The provider is Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. You can find details on its handling of your personal data in Instagram’s privacy statement:https://help.instagram.com/519522125107875.

 

If you have any questions regarding the protection of your data, please contact us directly!