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Information pursuant to Art. 13, 14 and 21 of the GDPR

1. Responsibility for data processing

The controller pursuant to Article 4 Para. 7 of the EU General Data Protection Regulation (GDPR) is

Kreuzstrasse 9
78148 Gütenbach

Tel.: +49 (0)7723 651-121
Fax: +49 (0)7723 651-455122
Internet: www.faller.de

Our data protection officer is always available to answer your questions about the processing of your personal data via email at: datenschutz@faller.de or by post. Please add »data protection officer« to any correspondence.

2. Sources and data categories

We process your personal data that we receive from you as part of our business relationship and from events.

Relevant personal data includes master data (name, address and other contact data, date and place of birth and nationality) and verification data (e.g. ID card data). Furthermore, this may also include photos and/or film recordings including additional corresponding metadata such as the location and time of the recording, contract data (e.g. order data, product data), data from the fulfilment of our contractual obligations (e.g. revenues), creditworthiness data, scoring/rating data, advertising and sales data (including advertising scores), documentation data (e.g. from documented correspondence), data on your use of our telemedia services (e.g. time at which you accessed our websites, apps or newsletters, pages clicked or entries) as well as other data comparable with the categories stated.

3. Purpose of processing and legal basis

We process your personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG), described in detail below:

3.1 For the fulfilment of contractual obligations (Art. 6 para. 1 letter b GDPR)

Your personal data (Art. 4 No. 2 GDPR) is processed for advertising purposes. The photos and films taken are published online on social media pages, especially Facebook and Instagram, but also on the homepage of Gebr. FALLER GmbH, www.faller.de. The photo material can also be used in print media. The photos are also used for documentation purposes, both analogue and digital. There is no limit to the storage period.

3.2 In the context of balancing interests (Art. 6 para. 1 letter f GDPR)

We shall process your data beyond the actual fulfilment of the contract to the extent necessary to protect the legitimate interests of ourselves or third parties, e. g.

– Data exchange with credit agencies (e.g. SCHUFA) to determine creditworthiness and default risks;
– Assessment and optimisation of procedures for needs analysis and direct customer communication;
– Advertising or market and opinion research, provided you have not objected to the use of your data;
– Assertion of legal claims and defence in legal disputes;
– Safeguarding the IT security and IT operations of our company;
– Prevention and resolution of criminal offences;
– Video monitoring is used to gather evidence of criminal offences or, for example, to substantiate transactions in the field of logistics. As such, it serves to protect suppliers, customers and employees as well as to exercise the domiciliary right;
– Measures for building and plant security (e.g. access controls);
– Measures for safeguarding the domiciliary right;
– Measures for business management and further development of services and products.

Our interest and that of the additional responsible parties in the respective processing results from the respective purposes and is otherwise of an economic nature (sales, marketing).

To the extent permitted by the specific purpose, we and the additional responsible parties will process your data in a pseudonymised or anonymised form.

3.3 Subject to your consent (Art. 6 para. 1 letter a GDPR)

Provided that you have given us your consent for the processing of your personal data serving certain purposes (e.g. publication of data for marketing purposes, forwarding of data within the corporate group, use of your e-mail address also for association partners and advertising beyond our own comparable goods and services), the legality of this processing is deemed to be granted on the basis of your consent. Consent given can be revoked at any time. This also applies to any revocation of consent declarations issued to us before 25 May 2018. Please note that any such revocation will only take effect in the future. Any processing that occurred before the revocation is not affected by this.

3.4 Subject to legal requirements (Art. 6 para. 1 letter c GDPR)

We are subject to various legal obligations, i.e. statutory requirements (e.g. terrorist list regulations, money laundering law, tax laws), under which we have to process personal data. The purposes of processing include the prevention of fraud and money laundering, the fulfilment of fiscal control and reporting obligations as well as the assessment and management of risks.

4. Use of data

Those divisions within our company that need your data to fulfil their contractual and legal obligations or to fulfil their respective tasks (e.g. sales and marketing) shall be provided with it.

The following entities may also receive your data:

– data processors appointed by us (Art. 28 GDPR), particularly in the field of IT services, printing services, who process your data for us bound by instructions
– public bodies and institutions (e.g.) in the event of a legal or official obligation
– our respective delegates, employees, representatives, authorised officers, service providers (and their respective delegates, employees, consultants, representatives, authorised officers)
– other bodies for which you have given us your consent for data transmission.

5. Storage of data

We shall process and store your personal data to the extent necessary for the duration of the business relationship, including, for example, the initiation and execution of a contract.

It is important to note here that our business relationship is generally a continuing obligation that is intended to last for years.

We are also subject to various storage and documentation obligations, including those stipulated in the German Commercial Code (HGB) or the German Fiscal Code (AO). The time limits for storage and documentation prescribed therein range from two to ten years. Finally, the storage period is also evaluated based on the statutory limitation periods, which, for example, in accordance with §§ 195 et seq. of the German Civil Code (BGB) can generally last three years, but in certain cases also up to thirty years.

6. Transfer of data to a third country or to an international organisation

Your data will only be transferred to countries outside the European Economic Area - EEA (third countries) where this is necessary or legally required for the execution of your orders or where you have given your consent.

7. Data protection rights

Every data subject has the right to information under Art. 15 GDPR, the right to rectification under Art. 16 GDPR, the right to deletion under Art. 17 GDPR, the right to limitation of processing under Art. 18 GDPR and the right to data portability under Art. 20 GDPR. The restrictions as per §§ 34 and 35 of the Federal Data Protection Act (BDSG) apply to the right to information and the right to deletion. You also have the right to appeal to a data protection supervisory authority (Art. 77 GDPR in conjunction with § 19 of the Federal Data Protection Act [BDSG]).

The relevant authority is the

Landesbeauftragter für den Datenschutz und die Informationsfreiheit Baden-Württemberg (Data Protection and Freedom of Information Commissioner for the Federal State of Baden Württemberg)
Postfach 10 29 32, 70025 Stuttgart
Königstrasse 10a, 70173 Stuttgart

Tel.: 0711/61 55 41 – 0
Fax: 0711/61 55 41 – 15
Email: poststelle@lfdi.bwl.de
Internet: www.baden-wuerttemberg.datenschutz.de

8. Rights of objection (Art. 21 GDPR)

a) Right of objection in individual cases

You have the right to object at any time, for reasons specific to your situation, to the processing of your personal data under Article 6 Para. 1 letter f GDPR (data processing based on the balancing of interests). This also applies to profiling based on this provision pursuant to Art. 4 No. 4 GDPR, which may be applied e.g. for customer advice and support and for marketing purposes.

In the event that you file an objection, your personal data will no longer be processed unless compelling grounds justifying the processing are proven, which outweigh your interests, rights and freedoms, or the processing serves the assertion, exercise or defence of legal claims.

b) Right of objection to the processing of data for direct marketing purposes

We and the additional parties responsible may also process your data for direct advertising in compliance with the statutory provisions. You have the right to object to the processing of your personal data for the purpose of such advertising at any time. This also applies to profiling if it is related to such direct marketing.

We shall no longer process your personal data for direct marketing purposes if you object to us doing so. The objection can always be made without any formal requirements. Contact details:

Kreuzstrasse 9
78148 Gütenbach

Phone: +49 7723 651 0
Fax: +49 7723 651 123
Email: datenschutz@faller.de

9. Collecting personal data upon visiting our website

(1) When using our website for purely informational purposes, i.e. when you don’t register or provide us with further information, we will only collect the personal data that your browser transmits to our server. If you would like to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure stability and security (legal basis Article 6 Para. 1 Sentence 1 Lit. f GDPR):

– IP address
– date and time of the request
– time zone difference to Greenwich Mean Time (GMT)
– contents of the request (specific site)
– access status/HTTP status code
– the amount of data transferred in each case
– the website from which the request comes
– browser
– operating system and its interface
– language and version of the browser software.

(2) In addition to the aforementioned data, cookies shall be stored on your computer when using our website. Cookies are small text files that are assigned and stored on your hard drive by the browser you use and through which certain information flows to the appropriate place that sets the cookie (here by us). Cookies cannot run programs or transmit viruses to your computer. Their purpose is to make the website more user-friendly and effective overall.

(3) Use of cookies:

a) This website uses the following types of cookies, the scope and functionality of which are explained below:

– transient cookies (see b)
– persistent cookies (see c).

b) Transient cookies are automatically deleted when you close your browser. This notably includes session cookies. These store a so-called “session ID” with which different browser requests can be assigned to the common session. This will allow your computer to be recognised when you return to our website. The session cookies are deleted when you logout or close your browser.

c) Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. You can delete the cookies in your browser’s security settings at any time.

d) You can configure your browser settings according to your wishes and, for example, refuse the acceptance of third party cookies or all cookies. Please note that you may not be able to use the full functionality of this website.

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