Thank you for your interest in our company. Frankia-GP GmbH and its management take data protection very seriously. You generally do not need to provide personal information to use the web pages of Frankia-GP GmbH. However, should a data subject wish to use special services offered by our company through our website, the processing of personal data may be required. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
As the controller, Frankia-GP GmbH has taken numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may generally have security gaps and thus absolute protection cannot be guaranteed. For this reason, every data subject is free to share personal data with us via other channels such as by phone.
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“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
Data subject is any identified or identifiable natural person whose personal data is processed by the party responsible for the processing (“controller”).
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 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.
g) Controller or controller responsible for the 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. If 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.
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, is 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.
2. Name and address of the controller
The controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Bernecker Strasse 12
Phone: +49 (0) 92 27 - 738 0
The data subject can prevent our website from setting cookies at any time by clicking on the appropriate setting in the web browser and therefore permanently prevent the setting of cookies. Furthermore, cookies already created can be deleted at any time via a web browser or other software. This is possible in most web browsers. If the data subject disables cookies in the web browser, it may not be possible to use all the functions of our website.
4. Collection of general data and information
The Frankia-GP GmbH website collects a series of general data and information when a data subject or automated system accesses the website. This general data and information are stored in the server log files. Data collected may include (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (“referrer”), (4) the sub-websites, (5) the date and time of access to the our website, (6) an Internet protocol address (IP address), (7) the internet service provider of the accessing system and (8) any other similar data and information that may be used in the event of attacks on our IT systems.
Frankia-GP GmbH does not draw any conclusions about the data subject when using this general data and information. Instead, this information is used to (1) deliver the content of our website correctly, (2) optimise the content of our website and related advertising, (3) ensure the long-term viability of our IT systems and website technology and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyberattack. This means Frankia-GP GmbH analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our company and to ensure an optimal level of protection for the personal data we process. Anonymous data in server log files are stored separately from all other personal data provided by a data subject.
5. Contact options via the website
Frankia-GP GmbH’s website contains information that enables you to contact us quickly through electronic means and to communicate directly with us, which also includes the provision of a general email address. If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. This personal data are not shared with third parties.
6. Signing up for comments in the website blog
Third parties may generally sign up to receive comments made in the Frankia-GP GmbH blog. In particular, this includes the possibility of signing up to receive comments related to the comments he/she has made on a specific blog entry.
If the data subject opts in to receive comments, the controller sends an automated email to confirm via double opt-in whether the owner of the respective email address has in fact opted in. The option to receive comments can be cancelled at any time.
7. Routine erasure and blocking of personal data
The data controller processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
8. Rights of the data subject
a) Right of confirmation
Each data subject has the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail him/herself of this right of confirmation, he or she may, at any time, contact an employee of the controller.
b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European legislator grants the data subject access to the following information:
- The purposes of the processing
- The categories of personal data concerned
- The recipients or categories of recipients to whom the personal data have 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 existence of the right to lodge a complaint with a supervisory authority
- Where the personal data are not collected from the data subject, any available information as to their source
- The existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes exercise this right of access, he or she may, at any time, contact an employee of the controller.
c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact an employee of the controller.
d) Right to erasure (right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent on which the processing is based according to point (a) of Article 6 (1) of the GDPR, or point (a) of Article 9 (2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21 (1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 (2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must 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 referred to in Article 8 (1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Frankia-GP GmbH, he or she may, at any time, contact an employee of the controller. An employee of Frankia-GP GmbH shall ensure that the erasure request is complied with immediately.
Where personal data is made public by Frankia-GP GmbH and our company as the controller is obliged pursuant to Article 17 (1) to erase the personal data, Frankia-GP GmbH, in consideration of the available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employee of Frankia-GP GmbH will arrange the necessary measures in individual cases.
e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator 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 pursuant to Article 21 (1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by Frankia-GP GmbH, he or she may at any time contact an employee of the controller. An employee of Frankia-GP GmbH will arrange the restriction of the processing.
f) Right to data portability
Each data subject shall have the right granted by the European legislator to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6 (1) of the GDPR or point (a) of Article 9 (2) of the GDPR, or on a contract pursuant to point (b) of Article 6 (1) of the GDPR, and the processing is carried out by automated means, as long 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, in exercising his or her right to data portability pursuant to Article 20 (1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact an employee of Frankia-GP GmbH.
g) Right to object
Each data subject shall have the right granted by the European legislator 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 Article 6 (1) of the GDPR. This also applies to profiling based on these provisions.
Frankia-GP GmbH shall no longer process the personal data in the event of the objection, 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.
If Frankia-GP GmbH processes personal data for the purpose of direct advertising, the data subject has the right at any time to object to the processing of personal data for such advertising purposes. This also applies to profiling to the extent it is related to such direct advertising. If the data subject objects to Frankia-GP GmbH’s processing for the purpose of direct advertising, Frankia-GP GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by Frankia-GP GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89 (1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact an employee of Frankia-GP GmbH. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator 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, as long as the decision (1) is not necessary for entering into, or the 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.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, Frankia-GP GmbH shall 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 contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact an employee of Frankia-GP GmbH.
i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact an employee of Frankia-GP GmbH.
9. FRANKIA in social media
10. Data protection provisions on the application and use of Facebook
The controller has integrated components of Facebook on this website. Facebook is a social network.
A social network is a place for social meetings on the Internet, an online community, which generally allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos and network through friend requests.
The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, the controller is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
Each visit to one of the individual pages of this website, which is operated by the controller and into which a Facebook component (Facebook plug-ins) was integrated, automatically prompts the web browser on the information technology system of the data subject to download and display the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook plug-ins may be accessed under developers.facebook.com/docs/plugins/. During the course of this technical procedure, Facebook is made aware of what specific subpage of our website was visited by the data subject.
If the data subject is logged in at the same time on Facebook, Facebook detects with every page of our website visited by the data subject – and for the entire duration of their stay on our website – which specific subpage of our website was visited by the data subject. This information is collected through the Facebook component and associated by Facebook with the respective Facebook account of the data subject. If the data subject clicks on a Facebook button integrated on our website, e.g. the “Like” button, or if the data subject makes a comment, then Facebook assigns this information to the personal Facebook user account of the data subject and stores the personal data.
Facebook receives information via the Facebook component that the data subject has visited our website, provided the data subject is logged in at Facebook at the time of he or she visits our website. This occurs regardless of whether the person clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from their Facebook account before visiting our website.
11. Integration of YouTube videos
We have integrated YouTube videos on our website that are saved on www.YouTube.com and that can be played directly from our website. All of these are integrated in “enhanced data protection mode”, i.e. no data about you as a user can be transmitted to YouTube if you do not play the videos. The data mentioned in paragraph 2 are not transmitted until you play the videos. We have no influence over this data transmission. The legal basis for the integration of YouTube videos is Art. 6 (1) sentence 1 (f) GDPR.
12. Data protection provisions on the application and use of Google Maps
The controller has integrated Google Maps on this website. The service shows you interactive maps directly integrated on the website for convenient use of the map functions. This makes the website more appealing and constitutes a legitimate interest of the controller.
Visiting the website sends information to Google indicating that you have accessed the corresponding subpage on the site. Your IP address is also sent to Google. This occurs regardless of whether Google provides a user account via which you are logged in or whether there is no user account. If you are logged in with Google, your data is directly associated with your account. If you do not wish for your data to be associated with your Google profile, you must log out of your Google account before using Google Maps. Google saves your data as usage profiles for the purpose of advertising, market research and/or demand-oriented design of its website. This type of analysis is performed in particular (even for users who are not logged on) for the delivery of demand-oriented advertising and to inform users of the social network about your activities on our website. You have the right to object to the creation of these
13. Data protection provisions on the application and use of Google Analytics (with anonymisation function)
The controller has integrated components of Google Analytics (with anonymisation function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, gathering and evaluation of data on the behaviour of visitors of websites. Among other things, a web analysis service collects data on the website from which a data subject came to a website (so-called referrer), which pages of the website were accessed or how often and how long a subpage was viewed. Web analysis is mainly used for website optimisation and cost-benefit analysis of Internet advertising.
The operator of Google Analytics components is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland.
The controller uses the extension "_gat._anonymizeIp" for web analysis via Google Analytics. Google truncates and anonymises the IP address of the data subject’s Internet connection when our website is accessed from a European Union member state or other states that are parties to the European Economic Area (EEA) Agreement.
The purpose of Google Analytics component is the analysis of the visitor flows on our website. Google uses this information, among other things, to evaluate the use of our website, prepare online reports that show the activity on our website and perform other services associated with the use of our website.
Google Analytics sets a cookie on the information technology system of the data subject. The definition of cookies is explained above. Setting a cookie allows Google to analyse the use of our website. Each visit to one of the individual pages of this website, which is operated by the controller and into which a Google Analytics component was integrated, automatically prompts the web browser on the information technology system of the data subject by means of the Google Analytics component to send data to Google for the purpose of online analysis. This technical procedure gives Google information about personal data such as the IP address of the data subject, which Google uses to determine the origin of visitors and clicks for commission settlement purposes.
The cookie is used to store personal information such as the access time, the location from which access was made, and the frequency of visits to our website by the data subject. These personal data including the IP address of the Internet connection used by the data subject are sent to Google in the United States every time one of our web pages is visited. Google saves this personal data in the United States and shares the personal data gathered via the technical procedure with third parties in some cases.
As explained above, the data subject can prevent our website from setting cookies at any time by clicking on the appropriate setting in the web browser and therefore permanently prevent the setting of cookies. Setting the web browser in this way would also prevent Google from setting a cookie on the information technology system of the data subject. In addition, cookies already set by Google Analytics can be deleted at any time via the web browser or other software programs.
Further information and the applicable data protection provisions of Google can be viewed under policies.google.com/privacy and www.google.com/analytics/terms/gb.html. More detailed information on Google Analytics is available here: www.google.com/intl/de_de/analytics/.
14. Legal basis for processing
Our legal basis for processing operations in which we obtain consent for a specific processing purpose is point f of Article 6 (1) of the GDPR. If the processing of personal data is required for the fulfilment of a contract to which the data subject is a contractual party, for example in processing operations that are required for the delivery of goods or other services or consideration, the processing is based on point b of Article 6 (1) of the GDPR. The same applies to processing operations necessary to carry out measures in advance of a contract, e.g. queries related to our products or services. If our company is subject to a legal obligation that requires the processing of personal data, e.g. fulfilment of tax obligations, then the processing is based on point c of Article 6 (1) of the GDPR. In rare cases, processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor of our company were injured and his or her name, age, health insurance information and other vital information would have to be provided to the attending physician, hospital or other third parties. In this case, the processing would be based on point d of Article 6 (1) of the GDPR. Ultimately, the processing operations could be based on point f of Article 6 (1) of the GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is required to protect the legitimate interests of our company or a third party, provided the interests, fundamental rights and freedoms of the data subject are not overriding. We are permitted to carry out such processing operations because they were specifically mentioned by the European legislator. The European legislator stipulated in this regard that a legitimate interest could be assumed if you are a customer of the controller (Recital 47 sentence 2 GDPR).
15. Legitimate interests pursued by the controller or by a third party
Where processing of personal data is based on point f of Article 6 (1) of the GDPR), our legitimate interest is to conduct our business activity for the benefit of the welfare of all of our employees and shareholders.
16. Period for which personal data is stored
The criterion used to determine the period of storage of personal data is the respective statutory retention period. After expiration of this period, the corresponding data are routinely deleted as long as they are no longer needed to fulfil or initiate a contract.
17. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; Possible consequences of failure to provide such data
We hereby inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). To conclude a contract it may be necessary for the data subject to provides us with personal data, which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data when our company signs a contract with him or her. Failure to provide personal data would mean that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact one of our employees. The informs the data subject whether provision of personal data is required by law or the contract, or if this is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of not providing the personal data.
18. Google reCaptcha
We use Google reCaptcha to determine whether a person or a computer is entering specific input in our contact or newsletter form. Google uses the following information to check whether you are a person or a computer: The IP address of the device in use, the web page you are visiting on our website and on which the Captcha is integrated, the date and duration of the visit, the identification data of the browser and operating system type used, the Google account if you are logged in with Google, mouse movements on the reCaptcha areas and tasks in which you must identify images. The legal basis for this data processing is point f of Article 6 (1) of the GDPR. We have a legitimate interest to process data in this case to ensure that our website is secure and to protect us from automated entry (attacks).
19. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.