privacy policy

privacy policy

FCT Anlagenbau GmbH privacy policy

We are pleased about your interest in our company. The management of FCT Anlagenbau GmbH attaches particularly great importance to data security. Basically, the web pages of FCT can be used without providing any personal data. In the event that a data subject wants to make use of special services provided by our company via our website, processing of personal data may be required. We generally will request your consent when processing of personal data is required and when no statutory basis for such a processing exists.

The processing of personal data, e.g. name, mailing address, e-mail address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in accordance with the country specific statutory data protection regulations applying to FCT Anlagenbau GmbH. Via this privacy policy our company wants to inform the public about the nature, extent, purpose and use of the personal data collected and processed by us. Furthermore, this privacy policy shall inform data subjects about the rights granted to them.

FCT Anlagenbau GmbH as the controller for data processing has implemented various technical and organisational measures to ensure as complete a protection as possible of the personal data processed via this website. Nevertheless, internet-based data transmissions basically may show security flaws, thus absolute protection cannot be granted. For this reason, all data subjects may transmit personal data to us in alternative ways, e.g. by phone.

1. Definitions

The privacy policy of FCT Anlagenbau GmbH is based on the terminology used by the European regulators and issuers of directives for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and comprehensible for the public as well as for our customers and business partners. To ensure this, we first want to explain the terminology used.

We use, amongst others, the following terms in this privacy policy:

a) personal data

Personal data means any information relating to an identified or identifiable natural person (in the following “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as name, an identification number, location data, an online identifier or to one or more specific to the physical physiological, genetic, mental, economic, cultural or social identity of that natural person.

b) data subject

A data subject is any identified or identifiable natural person whose personal data are processed by the controller for data processing.

c) processing

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

Restriction of processing means 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 work performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

f) pseudonymisation

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 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 for processing

Controller or controller for processing 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

Processor means a natural or legal person, public authority, agency or other body, which processes personal data on behalf of the controller.

i) recipient

Recipient means 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.

j) third party

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

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 mailing address of the controller for data processing

The controller in accordance with the General Data Protection Regulation and other statutory data protection regulations in the member states of the European Union and other provisions of data protection is:

FCT Anlagenbau GmbH

Hönbacher Str. 10

96515 Sonneberg / Germany

Phone: +49 9353 7903 0

E-Mail: datenschutz@fct-anlagenbau.de

Website: www.fct-anlagenbau.de

3. Cookies

The web pages of FCT Anlagenbau GmbH use cookies. Cookies are text files placed and stored on a computer system by an internet browser.

Numerous web pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string that allows to attribute web pages and servers to the specific internet browser in which the cookie has been saved. This enables the visited web pages and servers to distinguish the individual browser of the data subject from other internet browsers, which receive different cookies. A specific internet browser can be recognised and identified via the unique cookie ID.

Using cookies allows FCT Anlagenbau GmbH to provide users with more user-friendly services, which would not be possible without placing a cookie.

Using a cookie, the information and offers on our website can be optimised in the interests of the user. As mentioned before, cookies enable us to recognise the users of our website. The purpose of this recognition is to facilitate the usage of our website for the users. For example, the user of a web page that uses cookies does not have to re-enter his credentials on each visit since the web page and the cookie deposited on the user’s computer system will do that. Another example is the cookie of a shopping basket in the online shop. The online shop remembers the items a customer has added to the virtual shopping basket via a cookie.

The data subject may prevent the setting of cookies by our website at any time via an appropriate setting of the used internet browser and thus durably object to setting cookies. Furthermore, cookies that already have been set can be deleted via an internet browser or other software programmes at any time. This is possible in all common internet browsers. In case of a data subject deactivating the setting of cookies in the used internet browser, it may not be possible to use the full functionality of our web pages.

4. Collection of general data and information

The website of FCT Anlagenbau GmbH collects a number of general data and information at each visit of the web site by a data subject or an automated system. The general data and information are stored in the server logfiles. Collected may be the (1) used browser types and versions, (2) the operating system of the accessing system, (3) the web page from which an accessing system enters our website (so-called referrers), (4) the subordinated web pages on our website that are navigated from 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 serving for hazard prevention in case of attacks to our information technology systems.

When using this general data and information, FCT Anlagenbau GmbH draws no conclusions to the data subject. Furthermore, this information is required for (1) accurate delivery of the contents of our website, (2) optimising the contents of our website and its promotion, (3) ensuring the durable functionality of our information technology systems and our website technology as well as for (4) providing law enforcement authorities with necessary information for prosecution in case of a cyber-attack. The anonymously collected data and information are analysed statistically on the one hand and furthermore with the objective to increase data privacy and data security in our company and finally to ensure an optimum level of protection for all personal data processed by us. The anonymous data of the server logfiles are stored separately from all personal data provided by a data subject.

5. Routine erasure and disablement of personal data

The controller for data processing processes and stores personal data of the data subject only for the duration required for obtaining the purpose of storage or insofar as required by the European regulators and issuers of directives or another legislator in laws or regulations the controller for data processing is subject to.

When the purpose of storage or a statutory retention period of the European regulators and issuers of directives or another competent legislator has ceased, the personal data are erased or disabled routinely in accordance with statutory regulations.

6. Rights of the data subject

a) Right to confirmation

All data subjects have the right, granted by the European regulators and issuers of directives, to obtain confirmation from the controller for data processing on whether personal data related to him or her are processed. The data subject may contact an employee of the controller for data processing at any time to make use of this right to confirmation.

b) Right to communication

All data subjects concerned by the processing of personal data have the right, granted by the European regulators and issuers of directives, to obtain from the controller free of charge and at any time, communication of the stored personal data concerning him or her and a copy of this information. Furthermore, the European regulators and issuers of directives have granted the data subject communication of the following information:

  -   the purposes of processing
       
  -   the categories of personal data being processed
       
  -   the recipients or categories of recipients the personal data have been or will be disclosed, in particular to recipients in third countries or international organisations
       
  -   where possible, the envisaged period for which the of personal data will be stored, or, if not possible, the criteria used to determine that period
       
  -   the existence of a right to rectification or erasure of personal data concerning him or her or to restriction of processing by the controller or a right to object to such processing
       
  -   the existence of a right to lodge a complaint with a supervisory authority
       
  -   where the personal data are not collected from the data subject: Any available information on the source of the data
       
  -   the existence of automated decision-making, including profiling, referred to in Article 22 Par. 1 and Par. 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 the right of access to information on whether personal data have been transferred to a third country or an international organisation. Where personal data have been transferred to a third country or international organisation, the data subject has also the right to be informed of the adequate safeguards relating to the transfer.

The data subject may contact an employee of the controller for data processing at any time to make use of this right to access.

c) Right to rectification

All data subjects concerned by processing of personal data have the right, granted by the European regulators and issuers of directives, to obtain immediate rectification of incorrect personal data concerning him or her. Furthermore, taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed – including by means of providing a supplementary statement.

The data subject may contact an employee of the controller for data processing at any time to make use of this right to rectification.

d) Right to erasure (right to be forgotten)

All data subjects concerned by the processing of personal data have the right, granted by the European regulators and issuers of directives, to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following reasons applies and insofar as the processing is not necessary:

  -   The personal data have been collected or processed in any other way for such purposes for which they are no longer necessary.
       
  -   The data subject withdraws consent on which the processing is based in accordance with Art. 6 Par. 1 lit. a GDPR or Art. 9 Par. 2 lit. a GDPR, and where there is no other legal basis for the processing.
       
  -   The data subject objects to the processing in accordance with Art. 21 Par. 1 GDPR or Art. 21 Par. 2 GDPR, and there is no overriding legitimate basis for the processing.
       
  -   The personal data have been unlawfully processed.
       
  -   The personal data have to 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 in accordance with Art. 8 Par. 1 GDPR.
       

Where one of the reasons mentioned above applies and a data subject wishes to obtain the erasure of personal data stored by FCT Anlagenbau GmbH, he or she may contact an employee of the controller for data processing at any time. The employee of FCT Anlagenbau GmbH will procure that the erasure demand is complied with promptly.

Where FCT Anlagenbau GmbH has made the personal data public and is, as a controller, obliged pursuant to Art. 17 Par. 1 GDPR to erase the personal data, FCT Anlagenbau GmbH, taking account of available technology and the cost of implementation, will take reasonable steps, including technical measures, to inform controllers which are processing the personal data made public, that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data, insofar as the processing is not necessary. The employee of FCT Anlagenbau GmbH will procure the necessary steps for the individual case.

e) Right to restriction of processing

All data subjects have the right, granted by the European regulators and issuers of directives, 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 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 in accordance with Art. 21 Par. 1 GDPR pending the verification whether the legitimate basis of the controller override the legal basis of the data subject.
       

Where one of the reasons mentioned above applies and a data subject wishes to obtain the restriction of personal data stored by FCT Anlagenbau GmbH, he or she may contact an employee of the controller for data processing at any time. The employee of Anlagenbau GmbH will procure the restriction of processing.

f) Right to data portability

All data subjects concerned by the processing of personal data have the right, granted by the European regulators and issuers of directives, 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. Furthermore, he or she has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent in accordance with Art. 6 Par. 1 lit. a GDPR or Art. 9 Par. 2 lit. a GDPR or on a contract in accordance with Art. 6 Par. 1 lit. b GDPR the processing is carried out by automated means, insofar 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, when exercising the right to data portability in accordance Art. 20 Par. 1 GDPR, the data subject has the right to obtain that the personal data are directly transferred from one controller to another where technically feasible and insofar as the rights and freedom of others are not affected.

To exercise the right to portability, the data subject may contact an employee of FCT Anlagenbau GmbH at any time.

g) Right to object

All data subjects concerned by the processing of personal data have the right, granted by the European regulators and issuers of directives, to object, due to reasons relating to his or her particular situation, at any time to the processing of personal data concerning him or her which is based on Art. 6 Par. 1 lit. e or f GDPR. This also includes profiling based on this regulations.

In case of objection, FCT Anlagenbau GmbH will no longer process the personal data unless we can demonstrate compelling legitimate reasons 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 FCT Anlagenbau GmbH processes personal data for direct marketing purposes, the data subject has the right to object at any time to processing of personal data for such marketing. This also includes profiling to the extent that it is related to such direct marketing. Where the data subject objects to processing for direct marketing purposes by FCT Anlagenbau GmbH, FCT Anlagenbau GmbH will no longer process the personal data for such purposes.

Furthermore, the data subject has the right to object, due to reasons relating to his or her particular situation, to object to processing of personal data concerning him or her by FCT Anlagenbau GmbH for scientific or historical research purposes or statistical purposes in compliance with Art. 89 Par. 1 GDPR, 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 may contact an employee of FCT Anlagenbau GmbH directly or any other employee at any time. The data subject may also exercise his or her right to object by automated means using technical specifications, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC.

h) Automated individual decision-making, including profiling

All data subjects concerned by the processing of personal data have the right, granted by the European regulators and issuers of directives, 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, insofar as the decision (1) is not necessary for entering into or 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.

Where the decision (1) necessary for entering into or performance of a contract between the data subject and a data controller or (2) is based on the data subject’s explicit consent, FCT Anlagenbau GmbH will implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, including 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.

The data subject may contact an employee of the controller for data processing at any time to make use of rights related to automated decisions.

i) Right to withdraw a consent

All data subjects concerned by processing of personal data have the right, granted by the European regulators and issuers of directives, to withdraw a consent to the processing of personal data.

The data subject may contact an employee of the controller for data processing at any time to make use of his or her right to withdraw consent.

7. Legal basis of the processing

Art. 6 I lit. a GDPR serves our company as legal basis for processing operations where we seek consent for a specific purpose of processing. Where the processing is necessary for the performance of a contract to which the data subject is party, as is the case, for example, with processing necessary in order to deliver goods or any other service or return service, the processing is based on Art. 6 I lit. b GDPR. The same applies for processing operations necessary in order to take steps prior to entering into a contract such as in the case of requests to our products or services. Where our company is subject to a legal obligation, which requires the processing of personal data such as the fulfilment of tax obligations, the processing is based on Art. 6 I 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, for example, could be in the case of a visitor being injured on our site and his or her name, age, health insurance or other vital information would have to be transmitted to a medical physician, a hospital or other third parties. Then, the processing would be based on Art. 6 I lit. d GDPR. Finally, processing operations may be based on Art. 6 I lit. f GDPR. Processing operations which are not covered by one of the legal bases mentioned above are based on this legal basis, where the processing is necessary for the purpose of a legitimate interest pursued by our company or by a third party, insofar as the interests or fundamental rights and freedoms of the data subject do not override this interest. These processing operations are particularly permitted due to the European legislator’s specific reference, who considered, to that extent, that a legitimate interest could be assumed when the data subject is a customer of the controller (recital 47 sentence 2 GDPR).

8. Legitimate interests for processing pursued by the controller or by a third party

Where the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the performance of our business operations towards the welfare of all our employees and shareholders.

9. Duration of storage of personal data

The criterion for the duration for which personal data are stored is the specific statutory retention period. When the period has ceased, the respective data are erased routinely, insofar as they are no longer necessary for the performance of or prior to entering into a contract.

10. Statutory or contractual regulations for providing the personal data; necessity for entering into a contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide

We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can arise from contractual regulations (e.g. information on the contracting partner). In some cases it may be necessary for entering into a contract that a data subject provides us with personal data which afterwards need to be processed by us. The data subject, for example, is obliged to provide us with personal data when our company enters into a contract with him or her. A failure to provide the personal data would result in not being able to enter into a contract with the data subject. The data subject has to contact one of our employees prior to providing personal data. Our employee will inform the data subject, related to the individual case, on whether the provision of the personal data is required by law or by contractual regulations or is necessary to enter into a contract, on whether there is an obligation to provide the personal data and on the possible consequences of failure to provide the personal data.

11. Existence of automated decision making

As a responsible company, we do not use automated decision making or profiling.

This privacy policy was created by the Privacy Policy Generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, operating as external data protection officer Dachau, in co-operation with the lawyer for data protection law Christian Solmecke.