Data protection

Thank you for visiting our website. Since the protection of your personal data is particularly important to us, we would like to provide you with comprehensive information below about the data processing that takes place in connection with our website www.fichter-formtec.de.

As a private company, we are subject to the provisions of the European General Data Protection Regulation (GDPR), the regulations of the Federal Data Protection Act (BDSG) and the Act on Data Protection and the Protection of Privacy in Telecommunications and Telemedia (TTDSG). We have taken technical and organizational measures to ensure that the regulations on data protection are observed both by us and by our external service providers.

The legislator requires that personal data be processed lawfully, in good faith and in a manner that is comprehensible to the data subject (“lawfulness, processing in good faith, transparency”). To ensure this, we will first inform you in this section about the individual legal definitions that are also used in this data protection declaration:

“Personal data” is all 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.

“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.

“Restriction of processing” is the marking of stored personal data with the aim of limiting its future processing.

“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.

“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.

“Filing system” means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.

“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.

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

“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; 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.

“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.

“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.

The processing of personal data is only lawful if there is a legal basis for the processing. According to Art. 6 para. 1 sentence 1 lit. a) to f) GDPR, the legal basis for processing can be in particular:

1. The data subject has given consent to the processing of his or her personal data for one or more specific purposes;
2. processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
3. processing is necessary for compliance with a legal obligation to which the controller is subject;
4. processing is necessary in order to protect the vital interests of the data subject or of another natural person;
5. 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;
6. processing is necessary for the purposes of the legitimate interests pursued by the controller 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, in particular where the data subject is a child.

In this section, we inform you about which data is processed by us when you use our website for purely informational purposes, i.e. when you do not actively transmit data to us when visiting our website.

When you view our website, we collect the following data in so-called log files, which are technically necessary for us to display our website to you and to ensure stability and security:

• IP address
• Date and time of the request
• Time zone difference to Greenwich Mean Time (GMT)
• Content of the request (specific page)
• Access status/HTTP status code
• amount of data transferred in each case
• Website from which the request comes
• Browser
• Operating system and its interface
• Language and version of the browser software
• Name of your access provider

We are entitled to collect and store this data in accordance with Art. 6 para. 1 sentence 1 lit. f) GDPR, as we have a legitimate interest in the security and stability of our website. They will be automatically deleted after seven days at the latest, unless there is a justified suspicion of unlawful activity.

In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your device and through which certain information flows to the location that sets the cookie. Cookies cannot execute programs or transmit viruses to your computer. They serve to make the website more user-friendly and effective overall.

We only use cookies that are necessary to enable certain functions of our website in order to make your visit here as pleasant as possible. These include in particular the so-called session cookies. These store a so-called session ID, which can be used to assign various requests from your browser to the shared session. This allows your device to be recognized when you return to our website. The session cookies are deleted when you log out or close the browser.

We are entitled to use these cookies in accordance with Art. 6 para. 1 sentence 1 lit. f) EU-GDPR, as we have a legitimate interest in the functionality and correct display of our website.

Cookies are stored on the user’s computer and transmitted from there to our site. Therefore, as a user, you also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been saved can be deleted at any time. This can also be done automatically.

You can of course also visit our website without cookies. However, if you would like to use our website to its full extent or comfortably, you should accept cookies. Most web browsers are pre-set by default to accept cookies. However, you have the option of setting your browser so that cookies are displayed before they are stored, only certain cookies are accepted or rejected, or cookies are generally rejected. Please note that setting changes always only affect the respective browser. If you use different browsers or change the device, you must make the settings again. In addition, you can delete cookies from your storage medium at any time. You can find information on cookie settings, how to change them and how to delete cookies in the help section of your web browser.

If you would like to contact us via our contact form, we will ask you for your express consent to process your email address and the other data you provide. We are then entitled to process this data in accordance with Art. 6 para. 1 sentence 1 lit. a) GDPR. Of course, your data will be used strictly for the intended purpose of processing and answering your request and will be deleted immediately after it has been processed.

Cloudflare Turnstile (a service of Cloudflare, Inc., 101 Townsend St, San Francisco, CA 94107, USA) is an automated detection service that helps us verify whether the request was sent by a human or a bot. This detection is necessary to prevent spam messages.

We use Turnstile to ensure the secure use of the contact form. The legal basis for this type of data processing is our legitimate interest in the secure operation of the contact form, Art. 6 para. 1 lit. f) GDPR.

Cloudflare processes your IP to Cloudflare’s servers during this query for verification purposes. Cloudflare processes the data on our behalf on the basis of a data processing agreement between us and Cloudflare. This ensures that the data processing on our behalf is in accordance with the General Data Protection Regulation, guaranteeing the protection of the rights of the data subjects. It is possible that the IP address will be transferred to Cloudflare’s American servers. In this case, the standard contractual clauses agreed between us and Cloudflare to protect your rights also apply.

Cloudflare has submitted to the Privacy Shield Agreement between the European Union and the USA and has been certified. Cloudflare is thus committed to complying with the standards and regulations of European data protection law.

You can find further information from the third-party provider on data protection on the following website: www.cloudflare.com/de-de/privacypolicy/

If you contact us by post, email, telephone or fax, your request, including all personal data resulting from it, will be stored and processed by us for the purpose of processing your request. We will not pass on this data without your consent. This data is processed on the basis of Art. 6 para. 1 sentence 1 lit. b) GDPR, provided that your request is related to the fulfillment of a contract concluded with us or is necessary for the implementation of pre-contractual measures. In all other respects, the processing is based on Art. 6 para. 1 sentence 1 lit. f) GDPR, as we have a legitimate interest in the effective processing of the inquiries addressed to us. In addition, we may also be entitled to process the data mentioned according to Art. 6 para. 1 sentence 1 lit. c) GDPR, as we are legally obliged to enable quick electronic contact and direct communication to or with us.

Of course, your data will be used strictly for the intended purpose of processing and answering your request and will be deleted again after it has been processed, provided that there are no statutory retention obligations for us.

In principle, we will of course not pass on your data to third parties without your express consent. We will only pass on your personal data to third parties if

• you have given your express consent to this in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR,
• the transfer is necessary according to Art. 6 para. 1 sentence 1 lit. f GDPR for the assertion, exercise or defence of legal claims and there is no reason to assume that you have an overriding legitimate interest in the non-disclosure of your data,
• in the event that there is a legal obligation to disclose the data in accordance with Art. 6 para. 1 sentence 1 lit. c GDPR, and
• this is legally permissible and necessary in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR for the processing of contractual relationships with you.

Recipients of the data are public bodies that receive data on the basis of legal regulations (e.g. social security institutions, tax authorities), internal bodies that are involved in the execution of the respective business processes (personnel administration, accounting, banking institutions/payment service providers, accounting, customer service, marketing, sales), for shipping products to the transport company/shipping company commissioned by us, contractual partners, business partners insofar as the legal provisions require or permit this.

Like any modern company, we work with processors to provide you with an uninterrupted and optimal service.

If we work with external service providers, order processing regularly takes place on the basis of Art. 28 GDPR. For this purpose, we conclude corresponding agreements with our partners to ensure the protection of your data. We only use carefully selected processors to process your data. These are bound by our instructions and are regularly monitored by us. We only commission external service providers who have ensured that all data processing operations are carried out in accordance with data protection regulations.

The following types of processors may receive personal data:

Website service provider: blanq GmbH, www.blanq.agency

We currently use various links to different social media platforms, such as Facebook, Instagram and Twitter. These are not social media plugins, but merely links. If you click on one of the links, you will be taken to the respective provider of the website and your IP address will be transmitted. If you are logged in to the respective social media account at the same time, further data may be collected by the respective provider under certain circumstances.

On this website, we use the web analysis service Fathom to analyze and check the use of our website. We can use the statistics obtained to improve our offer and make it more interesting for you as a user.

Fathom does not use cookies. Therefore, no Fathom cookies are stored on your computer for web analysis purposes. To analyze website usage, your IP address and information such as timestamps, web pages visited, and your language settings are collected. Fathom stores the information collected in this way on EU servers if you access our site from the EU.

Fathom uses an anonymized evaluation of the data. This means that a SHA256 hash of the data sent by your browser is further processed and direct personal identification is excluded. The IP address transmitted by your browser via Fathom is not merged with other data collected by us. The legal basis for the use of Matomo is Art. 6 para. 1 sentence 1 lit. f GDPR.

You can find information from the third-party provider on data protection at usefathom.com/legal/privacy.

Our offer is basically aimed at adults. People under the age of 18 should not transmit any personal data to us without the consent of their parents or legal guardians.

There is no legal obligation to provide us with personal data.

Automated decision-making within the meaning of Art. 22 EU-GDPR does not take place.

In this section, we inform you about your rights with regard to your personal data.

If the processing of personal data is based on consent, you have the right to withdraw your consent at any time. The withdrawal of consent does not affect the lawfulness of the processing carried out on the basis of the consent until withdrawal.

You have the right to request confirmation from the controller as to whether we process personal data concerning you. You can request confirmation at any time using the contact details above.

If personal data is processed, you can request information about this personal data and the following information at any time:

1. the processing purposes;
2. the categories of personal data that are processed;
3. the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or to international organizations;
4. if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;
5. the existence of a right to rectification or erasure of personal data concerning you or to restriction of processing by the controller or a right to object to such processing;
6. the existence of a right of appeal to a supervisory authority;
7. if the personal data are not collected from the data subject, all available information about the origin of the data;
8. the existence of automated decision-making, including profiling, in accordance with Art. 22 paragraphs 1 and 4 GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

If personal data are transferred to a third country or to an international organization, you have the right to be informed about the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer. We provide a copy of the personal data that is the subject of the processing. For any further copies you request, we may charge a reasonable fee based on administrative costs. If you submit the application electronically, the information must be provided in a common electronic format, unless he specifies otherwise. The right to obtain a copy pursuant to para. 3 must not affect the rights and freedoms of other persons.

You have the right to demand that we correct any incorrect personal data concerning you without delay. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data – including by means of a supplementary declaration.

You have the right to demand from the controller that personal data concerning you be erased without delay, and we are obliged to erase personal data without delay if one of the following reasons applies:

1. The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
2. The data subject withdraws their consent on which the processing was based pursuant to Art. 6 para. 1 letter a or Art. 9 para. 2 letter a GDPR, and there is no other legal basis for the processing.
3. The data subject objects to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 para. 2 GDPR.
4. The personal data have been processed unlawfully.
5. The erasure of the personal data is necessary to fulfil a legal obligation under Union law or the law of the member states to which the controller is subject.
6. The personal data were collected in relation to services offered by the information society pursuant to Art. 8 para. 1 GDPR.

If the controller has made the personal data public and is obliged to erase them pursuant to para. 1, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that a data subject has requested them to erase all links to these personal data or copies or replications of these personal data.

The right to erasure (“Right to be forgotten”) does not exist if the processing is necessary:

• to exercise the right to freedom of expression and information;
• to fulfil a legal obligation which requires processing under the law of the Union or of the member states to which the controller is subject, or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;
• for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 letters h and i and Art. 9 para. 3 GDPR;
• for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, insofar as the right referred to in para. 1 is likely to render impossible or seriously impair the achievement of the objectives of this processing, or
• to assert, exercise or defend legal claims.

You have the right to demand that we restrict the processing of your personal data if one of the following conditions is met:

• the accuracy of the personal data is disputed by the data subject, for a period that enables the controller to verify the accuracy of the personal data,
• the processing is unlawful and the data subject refuses the erasure of the personal data and instead requests the restriction of the use of the personal data;
• the controller no longer needs the personal data for the purposes of the processing, but the data subject needs them to assert, exercise or defend legal claims, or
• the data subject has objected to the processing pursuant to Art. 21 para. 1 GDPR, as long as it is not yet clear whether the legitimate grounds of the controller outweigh those of the data subject.

If the processing has been restricted in accordance with the above-mentioned conditions, these personal data – apart from their storage – will only be processed with the consent of the data subject or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of an important public interest of the Union or a member state.

You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format, and you have the right to transmit this data to another controller without hindrance from the controller to whom the personal data were provided, provided that:

1. the processing is based on consent pursuant to Art. 6 para. 1 letter a or Art. 9 para. 2 letter a or on a contract pursuant to Art. 6 para. 1 letter b GDPR and
2. the processing is carried out using automated procedures.

When exercising the right to data portability pursuant to para. 1, you have the right to have the personal data transmitted directly from one controller to another, insofar as this is technically feasible. The exercise of the right to data portability does not affect the right to erasure (“Right to be forgotten”). This right does not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Pursuant to Art. 21 GDPR, you have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you that is based on Art. 6 para. 1 e) or f) GDPR; this also applies to profiling based on these provisions. The controller will no longer process the personal data unless he can demonstrate compelling legitimate grounds for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

If personal data are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling, insofar as it is associated with such direct marketing. If you object to the processing for direct marketing purposes, the personal data will no longer be processed for these purposes.

In connection with the use of services of the information society, you can exercise your right to object by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.

You have the right to object, for reasons arising from your particular situation, to the processing of personal data concerning you that is carried out for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1, unless the processing is necessary for the performance of a task carried out in the public interest.

Without prejudice to any other administrative or judicial remedy, you also have the right to lodge a complaint with a supervisory authority, in particular in the member state of your place of residence, your place of work or the place of the alleged infringement, if the data subject considers that the processing of personal data concerning them infringes this regulation.

The data protection controller is:

Fichter formtec GmbH
Bruckmatten 6
79356 Eichstetten am Kaiserstuhl

If you have any questions about data protection or want to assert one of your rights, please contact us by post at the aforementioned address or by e-mail at info@fichter-formtec.de. We will endeavor to process your request as quickly as possible.

Due to the rapid development of the internet and data protection law, we expressly reserve the right to make changes to this data protection declaration.