We are very pleased that you have shown interest in our company. Data protection is of a particularly high priority for the management of FormProtect GmbH. The use of the FormProtect GmbH website is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to FormProtect GmbH. By means of this data protection declaration, our company would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration.
FormProtect GmbH, as the controller, has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed via this website. Nevertheless, Internet-based data transmissions can in principle have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, e.g. by telephone.
1. Definitions The data protection declaration of FormProtect GmbH is based on the terms used by the European legislator for directives and regulations when adopting the General Data Protection Regulation (GDPR). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance. In this data protection declaration we use the following terms, among others:
a) personal data Personal data is all information that relates to an identified or identifiable natural person (hereinafter "data subject"). A natural person is considered identifiable if he or she 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 special characteristics that express the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subjectAn affected person is any identified or identifiable natural person whose personal data is processed by the controller.
c) ProcessingProcessing is any operation or set of operations which is carried out with or without the aid of automated procedures in connection with personal data, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or any other form of provision, comparison or linking, restriction, erasure or destruction.
d) Restriction of processingRestriction of processing is the marking of stored personal data with the aim of limiting its future processing.
e) ProfilingProfiling is 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.
f) PseudonymisationPseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not assigned to an identified or identifiable natural person.
g) Controller or person responsible for processingThe controller or person responsible for processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, decides on the purposes and means of processing personal data. If the purposes and means of this processing are specified 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) ProcessorA processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
i) RecipientA recipient is a natural or legal person, public authority, agency or other body to whom personal data is disclosed, whether or not it is a third party. However, authorities which may receive personal data in the context of a specific investigation under Union or Member State law shall not be regarded as recipients.
j) Third party A third party is a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons who, under the direct responsibility of the controller or processor, are authorised to process the personal data.
k) Consent Consent is any expression of will given voluntarily by the data subject for a specific case in an informed and unambiguous manner in the form of a statement or other unambiguous confirmatory act by which the data subject indicates that he or she agrees to the processing of personal data concerning him or her.
2. Name and address of the controllerThe controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is:FormProtect GmbHHeidchenstraße 1656424 Bannberscheid Germany
Tel.: 02602/93000
E-mail: info@formprotect.euWebsite: www.formprotect.eu
3. Collection of general data and informationThe website of FormProtect GmbH collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server's log files. The following may be recorded: (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 (so-called referrers), (4) the sub-websites that are accessed via an accessing system on our website, (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 that serve to avert dangers in the event of attacks on our information technology systems. When using this general data and information, FormProtect GmbH does not draw any conclusions about the person concerned. Rather, this information is required to (1) correctly deliver the contents of our website, (2) optimize the contents of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. These anonymously collected data and information are therefore evaluated by FormProtect GmbH both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
4. Contact option via the website Due to legal regulations, the FormProtect GmbH website contains information that enables quick electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (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 controller are stored for the purposes of processing or contacting the data subject. This personal data is not passed on to third parties.
5. Routine deletion and blocking of personal data The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage, or if this has been provided for by the European legislator or another legislator in laws or regulations to which the controller is subject. If the purpose of storage no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
6. Rights of the data subject
a) Right to confirmationEvery data subject has the right granted by the European legislator to request confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may contact an employee of the controller at any time.
b) Right to informationEvery person affected by the processing of personal data has the right granted by the European legislator to obtain from the controller free information about the personal data stored about him or her at any time and a copy of this information. Furthermore, the European legislator has granted the data subject the right to information about the following:
* the purposes of the processing
* the categories of personal data being processed
* 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 planned period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
* the existence of a 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 a right to lodge a complaint with a supervisory authority
* if the personal data are not collected from the data subject: all available information as to their origin
* 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 scope and envisaged consequences of such processing for the data subject Person
The data subject also has the right to obtain information as to whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information about the appropriate guarantees relating to the transfer. If a data subject wishes to exercise this right to information, he or she may contact an employee of the controller at any time.
c) Right to rectificationEvery person affected by the processing of personal data has the right granted by the European legislator to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data - also by means of a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may contact an employee of the controller at any time.
d) Right to erasure (right to be forgotten)Every person affected by the processing of personal data has the right granted by the European legislator to request the controller to erase personal data concerning him or her immediately, provided that one of the following reasons applies and processing is not necessary:
* The personal data were collected or otherwise processed for such purposes for which they are no longer necessary.
* The data subject withdraws consent on which the processing is based according to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR, and there is no other legal ground for the processing.
* The data subject objects to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 (2) GDPR.
* The personal data were processed unlawfully.
* The erasure of the personal data is necessary to fulfill a legal obligation under Union or Member State law to which the controller is subject.
* The personal data were collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.
If one of the above reasons applies and a data subject wishes to request the erasure of personal data stored by FormProtect GmbH, he or she may contact an employee of the controller at any time. The employee of FormProtect GmbH will ensure that the erasure request is complied with immediately.
If the personal data was made public by FormProtect GmbH and our company as the controller pursuant to Art. 17 Para. 1 GDPR is obliged to erase the personal data, FormProtect GmbH shall take appropriate measures, including technical ones, taking into account the available technology and the implementation costs, in order to inform other data controllers which process the published personal data that the data subject has requested the erasure by such controllers of all links to these personal data or of copies or replications of these personal data, unless processing is required. The employee of FormProtect GmbH will arrange the necessary measures in individual cases.
e) Right to restriction of processing Any person affected by the processing of personal data has the right granted by the European legislator to request the controller to restrict processing if one of the following conditions 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, the data subject opposes the erasure of the personal data and requests the restriction of the use of the personal data instead.
* 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.
* The data subject has objected to processing pursuant to Art. 21 Para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the controller outweigh 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 FormProtect GmbH, he or she may at any time contact any employee of the controller. The employee of FormProtect GmbH will arrange the restriction of the processing.
f) Right to data portability Any person affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning him or her, which was made available to a controller, in a structured, common and machine-readable format. He or she also has the right to transmit these data to another controller without hindrance from the controller to which the personal data was made available, provided that the processing is based on consent pursuant to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR or on a contract pursuant to Art. 6 (1) (b) GDPR and the processing is carried out by automated means, unless the 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.
Furthermore, in exercising his or her right to data portability pursuant to Art. 20 (1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.
To assert the right to data portability, the data subject may contact an employee of FormProtect GmbH at any time.
g) Right to object Any person affected by the processing of personal data has the right granted by the European legislator to object at any time to the processing of personal data concerning him or her based on Art. 6 (1) e or f GDPR, for reasons related to his or her particular situation. This also applies to profiling based on these provisions.
In the event of an objection, FormProtect GmbH will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If FormProtect GmbH processes personal data in order to conduct direct advertising, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is associated with such direct advertising. If the data subject objects to FormProtect GmbH processing for direct marketing purposes, FormProtect GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right to object to the processing of personal data concerning him or her by FormProtect GmbH for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) GDPR, unless such processing is necessary to perform a task carried out in the public interest, for reasons related to his or her particular situation.
To exercise the right to object, the data subject may contact any employee of FormProtect GmbH or another employee directly. Furthermore, the data subject is free to exercise his or her right of objection by automated means using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.
h) Automated decisions in individual cases, including profiling. Each person affected by the processing of personal data has the right granted by the European legislator not to be subjected 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, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is permitted by Union or Member State law to which the controller is subject and which also contains suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is made with 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 the controller, or (2) it is made with the data subject's explicit consent, FormProtect 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 rights with regard to automated decisions, he or she may contact an employee of the controller at any time.
i) Right to withdraw consent under data protection lawEvery person affected by the processing of personal data has the right granted by the European legislator to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consent, he or she may contact an employee of the controller at any time.
7. Legal basis for processing Art. 6 I lit. a GDPR serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary to fulfill a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as to fulfill 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 another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third parties. In that case, the processing would be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. This legal basis is used for processing operations that are not covered by any of the aforementioned legal bases if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, Sentence 2 GDPR).
8. Legitimate interests in the processing pursued by the controller or a third partyIf the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.
9. Duration for which the personal data is storedThe criterion for the duration of the storage of personal data is the respective statutory retention period. After the period has expired, the corresponding data is routinely deleted unless it is no longer required to fulfill or initiate a contract.
10. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provisionWe would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a data subject to provide us with personal data in order to conclude a contract, which must then be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide the 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. Our employee will clarify to the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what consequences non-provision of the personal data would have.
11. Existence of automated decision-making As a responsible company, we do not use automated decision-making or profiling.
This data protection declaration was created by the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an external data protection officer in Berlin, in cooperation with the Cologne IT and data protection lawyer Christian Solmecke.