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Privacy Policy

1. An overview of data protection

General information

The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit our website. The term „personal data“ comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.

Data recording on our website

Who is the responsible party for the recording of data on this website (i.e. the „controller“)?

The data on this website is processed by the operator of the website, whose contact information is available under section „Information Required by Law“ on this website.

How do we record your data?

We collect your data as a result of your sharing of your data with us. This may, for instance be information you enter into our contact form.

Our IT systems automatically record other data when you visit our website. This data comprises primarily technical information (e.g. web browser, operating system or time the site was accessed). This information is recorded automatically when you access our website.

What are the purposes we use your data for?

A portion of the information is generated to guarantee the error free provision of the website. Other data may be used to analyse your user patterns.

What rights do you have as far as your information is concerned?

You have the right to receive information about the source, recipients and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data are rectified, blocked or eradicated. Please do not hesitate to contact us at any time under the address disclosed in section „Information Required by Law“ on this website if you have questions about this or any other data protection related issues. You also have the right to log a complaint with the competent supervising agency.

Moreover, under certain circumstances, you have the right to demand the restriction of the processing of your personal data. For details, please consult the Data Protection Declaration under section „Right to Restriction of Data Processing.“

Analysis tools and tools provided by third parties

There is a possibility that your browsing patterns will be statistically analysed when your visit our website. Such analyses are performed primarily with cookies and with what we refer to as analysis programmes. As a rule, the analyses of your browsing patterns are conducted anonymously; i.e. the browsing patterns cannot be traced back to you.

You have the option to object to such analyses or you can prevent their performance by not using certain tools. For detailed information about the tools and about your options to object, please consult our Data Protection Declaration below.

 

2. General information and mandatory information

Data protection

The operators of this website and its pages take the protection of your personal data very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Data Protection Declaration.

Whenever you use this website, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Data Protection Declaration explains which data we collect as well as the purposes we use this data for. It also explains how, and for which purpose the information is collected.

We herewith advise you that the transmission of data via the Internet (i.e. through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third party access.

Information about the responsible party (referred to as the „controller“ in the GDPR)

The data processing controller on this website is:

Fortuna Spezialmaschinen GmbH
Eisenbahnstraße 15
D-71263 Weil der Stadt
Phone: +49 (0) 7033 709-0
Fax: +49 (0) 7033 709-150
E-Mail: info@fortuna-gmbh.de

The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of personal data (e.g. names, e-mail addresses, etc.).

Designation of a data protection officer as mandated by law

We have appointed a data protection officer for our company.

Fabian Henkel
Diplom-Betriebswirt (FH)
Zertifizierter Datenschutzbeauftragter (TÜV)
Kantstraße 14
71277 Rutesheim
Phone: +497152564773
E-mail:
info@externer-datenschutzbeauftragter-stuttgart.de
Online: https://www.externer-datenschutzbeauftragter-stuttgart.de

Revocation of your consent to the processing of data

A wide range of data processing transactions are possible only subject to your express consent. You can also revoke at any time any consent you have already given us. To do so, all you are required to do is sent us an informal notification via e-mail. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.

Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)

In the event that data are processed on the basis of Art. 6 Sect. 1 lit. e or f GDPR, you have the right to at any time object to the processing of your personal data based on grounds arising from your unique situation. This also applies to any profiling based on these provisions. To determine the legal basis, on which any processing of data is based, please consult this Data Protection Declaration. If you log an objection, we will no longer process your affected personal data, unless we are in a position to present compelling protection worthy grounds for the processing of your data, that outweigh your interests, rights and freedoms or if the purpose of the processing is the claiming, exercising or defence of legal entitlements (objection pursuant to Art. 21 Sect. 1 GDPR).

If your personal data is being processed in order to engage in direct advertising, you have the right to at any time object to the processing of your affected personal data for the purposes of such advertising. This also applies to profiling to the extent that it is affiliated with such direct advertising. If you object, your personal data will subsequently no longer be used for direct advertising purposes (objection pursuant to Art. 21 Sect. 2 GDPR).

Right to log a complaint with the competent supervisory agency

In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.

Right to data portability

You have the right to demand that we hand over any data we automatically process on the basis of your consent or in order to fulfil a contract be handed over to you or a third party in a commonly used, machine readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.

SSL and/or TLS encryption

For security reasons and to protect the transmission of confidential content, such as purchase orders or inquiries you submit to us as the website operator, this website uses either an SSL or a TLS encryption programme. You can recognise an encrypted connection by checking whether the address line of the browser switches from „http://“ to „https://“ and also by the appearance of the lock icon in the browser line.

If the SSL or TLS encryption is activated, data you transmit to us cannot be read by third parties.

Information about, blockage, rectification and eradication of data

Within the scope of the applicable statutory provisions, you have the right to at any time demand information about your archived personal data, their source and recipients as well as the purpose of the processing of your data. You may also have a right to have your data rectified, blocked or eradicated. If you have questions about this subject matter or any other questions about personal data, please do not hesitate to contact us at any time at the address provided in section „Information Required by Law.“

Right to demand processing restrictions

You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact us at any time at the address provided in section „Information Required by Law.“ The right to demand restriction of processing applies in the following cases:

  • In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your personal data.

  • If the processing of your personal data was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data in lieu of demanding the eradication of this data.

  • If we do not need your personal data any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the processing of your personal data instead of its eradication.

  • If you have raised an objection pursuant to Art. 21 Sect. 1 GDPR, your rights and our rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your personal data.


If you have restricted the processing of your personal data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.

Rejection of unsolicited e-mails

We herewith object to the use of contact information published in conjunction with the mandatory information to be provided in section „Information Required by Law“ to send us promotional and information material that we have not expressly requested. The operators of this website and its pages reserve the express right to take legal action in the event of the unsolicited sending of promotional information, for instance via SPAM messages.

 

3. Recording of data on our website

Cookies

In some instances, our website and its pages use so-called cookies. Cookies do not cause any damage to your computer and do not contain viruses. The purpose of cookies is to make our website more user friendly, effective and more secure. Cookies are small text files that are placed on your computer and stored by your browser.

Most of the cookies we use are so-called „session cookies.“ They are automatically deleted after your leave our site. Other cookies will remain archived on your device until you delete them. These cookies enable us to recognise your browser the next time you visit our website.

You can adjust the settings of your browser to make sure that you are notified every time cookies are placed and to enable you to accept cookies only in specific cases or to exclude the acceptance of cookies for specific situations or in general and to activate the automatic deletion of cookies when you close your browser. If you deactivate cookies, the functions of this website may be limited.

Cookies that are required for the performance of the electronic communications transaction or to provide certain functions you want to use (e.g. the shopping cart function), are stored on the basis of Art. 6 Sect. 1 lit. f GDPR. The website operator has a legitimate interest in storing cookies to ensure the technically error free and optimised provision of the operator’s services. If other cookies (e.g. cookies for the analysis of your browsing patterns) should be stored, they are addressed separately in this Data Protection Declaration.

Server log files

The provider of this website and its pages automatically collects and stores information in so-called server log files, which your browser communicates to us automatically. The information comprises:

  • The type and version of browser used

  • The used operating system

  • Referrer URL

  • The hostname of the accessing computer

  • The time of the server inquiry

  • The IP address

This data is not merged with other data sources.

This data is recorded on the basis of Art. 6 Sect. 1 lit. f GDPR. The operator of the website has a legitimate interest in the technically error free depiction and the optimization of the operator’s website. In order to achieve this, server log files must be recorded.

Contact form

If you submit inquiries to us via our contact form, the information provided in the contact form as well as any contact information provided therein will be stored by us in order to handle your inquiry and in the event that we have further questions. We will not share this information without your consent.

Hence, the processing of the data entered into the contact form occurs exclusively based on your consent (Art. 6 Sect. 1 lit. a GDPR). You have the right to revoke at any time any consent you have already given us. To do so, all you are required to do is sent us an informal notification via e-mail. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.

The information you have entered into the contact form shall remain with us until you ask us to eradicate the data, revoke your consent to the archiving of data or if the purpose for which the information is being archived no longer exists (e.g. after we have concluded our response to your inquiry). This shall be without prejudice to any mandatory legal provisions – in particular retention periods.

Request by e-mail, telephone or fax

If you contact us by e-mail, telephone or fax, your request, including all resulting personal data (name, request) will be stored and processed by us for the purpose of processing your request. We do not pass these data on without your consent.

The processing of these data is based on Art. 6 para. 1 lit. b GDPR, if your request is related to the execution of a contract or if it is necessary to carry out pre-contractual measures. In all other cases, the processing is based on your consent (Article 6 (1) a GDPR) and/or on our legitimate interests (Article 6 (1) (f) GDPR), since we have a legitimate interest in the effective processing of requests addressed to us.

The data sent by you to us via contact requests remain with us until you request us to delete, revoke your consent to the storage or the purpose for the data storage lapses (e.g. after completion of your request). Mandatory statutory provisions - in particular statutory retention periods - remain unaffected.

Customer log-in area

For some customers we provide a log-in on request to use additional features on the site.

The data is processed within the contractual relationship (Article 6 para. 1 lit. b GDPR) and on the basis of your consent (Article 6 para. 1 lit. b GDPR). You can revoke your consent at any time. An informal message by e-mail to us is sufficient. The legality of the already completed data processing remains unaffected by the revocation.

We store this log-in data until the purpose of the provision is no longer met. Legal retention periods remain unaffected.

4. Analysis tools and advertising

1&1 Web Analytics

This website uses 1&1-Webanalytics analysis services. The provider of these services is 1&1 Internet SE, Elgendorfer Straße 57, 56410 Montabaur, Germany. In conjunction with the performance of analyses by 1&1, it is possible to e.g. analyze the number of visitors and their behavior patterns during visits (e.g. number of pages accessed, duration of their visits to the website, percentage of aborted visits), visitor origins (i.e. from which site does the visitor arrive at our site), visitor locations as well as technical data (browser and session of operating system used). For these purposes, 1&1 archives in particular the following data:

  • Referrer (previously visited website)

  • Accessed page on the website or file

  • Browser type and browser version

  • Used operating system

  • Type of device used

  • Website access time

  • Anonymized IP address (used only to determine the access location)


According to 1&1, the data recorded are completely anonymized so they cannot be tracked back to individuals. 1&1-Webanalytics does not archive cookies.

The data are stored and analyzed pursuant to Art. 6 Sect. 1 lit. f GDPR. The operator of the website has a legitimate interest in the statistical analysis of user patterns to optimize both, the operator’s web presentation as well as the operator’s promotional activities. For more information affiliated with the recording and processing of data by 1&1-Webanalytics, please click on the following links:

https://hosting.1und1.de/hilfe/online-marketing/
https://hosting.1und1.de/hilfe/datenschutz/datenverarbeitung-von-webseitenbesuchern-ihres-company-name-produktes/webanalytics/
https://hosting.1und1.de/terms-gtc/terms-privacy/.

Contract data processing

We have executed a contract data processing agreement with 1&1. The aim of this contract is to ensure the data protection regulation compliant handling of your personal data by 1&1.

 

5. Plug-ins and Tools

YouTube

Our website uses plug-ins of the YouTube platform, which is operated by Google. The website operator is Google Ireland Limited („Google“), Gordon House, Barrow Street, Dublin 4, Ireland.

If you visit a page on our website into which a YouTube plug-in has been integrated, a connection with YouTube’s servers will be established. As a result, the YouTube server will be notified, which of our pages you have visited.

Furthermore, YouTube will be able to place various cookies on your device. With the assistance of these cookies, YouTube will be able to obtain information about our website visitor. Among other things, this information will be used to generate video statistics with the aim of improving the user friendliness of the site and to prevent attempts to commit fraud. These cookies will stay on your device until you delete them.

If you are logged into your YouTube account while you visit our site, you enable YouTube to directly allocate your browsing patterns to your personal profile. You have the option to prevent this by logging out of your YouTube account.

The use of YouTube is based on our interest in presenting our online content in an appealing manner. Pursuant to Art. 6 Sect. 1 lit. f GDPR, this is a legitimate interest.

For more information on how YouTube handles user data, please consult the YouTube Data Privacy Policy under: https://policies.google.com/privacy?hl=en.

 

6. Data Protection in Application Processes

Job Applications

We offer website visitors the opportunity to submit job applications to us (e.g. via e-mail or via postal services). Below, we will brief you on the scope, purpose and use of the personal data collected from you in conjunction with the application process. We assure you that the collection, processing and use of your data will occur in compliance with the applicable data privacy rights and all other statutory provisions and that your data will always be treated as strictly confidential.

Scope and purpose of the collection of data

If you submit a job application to us, we will process any affiliated personal data (e.g. contact and communications data, application documents, notes taken during job interviews, etc.), if they are required to make a decision concerning the establishment or an employment relationship. The legal grounds for the aforementioned are § 26 New GDPR according to German Law (Negotiation of an Employment Relationship), Art. 6 Sect. 1 lit. b GDPR (General Contract Negotiations) and – provided you have given us your consent – Art. 6 Sect. 1 lit. a GDPR. You may revoke any consent given at any time. Within our company, your personal data will only be shared with individuals who are involved in the processing of your job application.

If your job application should result in your recruitment, the data you have submitted will be archived on the grounds of § 26 New GDPR and Art. 6 Sect. 1 lit. b GDPR for the purpose of implementing the employment relationship in our data processing system.

Data Archiving Period

If we should not be able to offer you a position, if you refuse a job offer, retract your application, revoke your consent to the processing of your data or ask us to delete your data, we will store your transferred data, incl. any physically submitted application documents for a maximum of 6 months after the conclusion of the application process (retention period) to enable us to track the details of the application process in the event of disparities (Art. 6 Sect. 1 lit. f GDPR).

YOU HAVE THE OPTION TO OBJECT TO THIS STORAGE/RETENTION OF YOUR DATA IF YOU HAVE LEGITIMATE INTERESTS TO DO SO THAT OUTWEIGH OUR INTERESTS.

Once the retention period has expired, the data will be deleted, unless we are subject to any other statutory retention obligations or if any other legal grounds exist to continue to store the data. If it should be foreseeable that the retention of your data will be necessary after the retention period has expired (e.g. due to imminent or pending litigation), the data shall not be deleted until the data have become irrelevant. This shall be without prejudice to any other statutory retention periods.

 

7. Additional information in terms of Art. 13 and 14 GDPR

Type of data we process from you as part of the initiation and execution of contracts

We process personal data of our customers, prospects, service providers and partners, which we receive directly within the framework of our business relationship. If we have received data from you, we generally process it only for the purposes for which we have received or collected it.

Usually we process the following categories of data:

  • Name first Name

  • Address and / or company address

  • telecommunications data

  • E-mail address

  • Company

  • professional function and / or position

  • if necessary bank account / credit card number / other payment details if applicable

  • If necessary, data on the history of the business relationship

As part of the business start-up phase and during the business relationship, in particular through personal, telephone or written contacts, initiated by you or by one of our employees, further personal data, eg. B. Information about contact channel, date, occasion and result; (electronic) copies of correspondence and information about participation in direct marketing activities.

On the other hand, we process personal data that we have legitimately gained and are able to process from publicly available sources (eg trade and association registers, press, media, Internet).

Data processing for other purposes can only be considered if the legal requirements to that extent required under Article 6 para. 4 GDPR are met. In the case, of course, we will observe any information requirements according to Art. 13 para. 3 DSGVO and Art. 14 para. 4 GDPR.

Legal basis according to which we process your data

Based on your consent (Article 6 para. 1 lit. a GDPR)
We process personal information for one or more specific purposes if you have given us consent. If personal information is processed by you on the basis of your consent, you have the right to revoke your consent to us at any time with future effect.

Data processing for the fulfillment of contracts (Article 6 para. 1 lit. b DSGVO)
We process personal data for the fulfillment of contracts. The fulfillment of contracts includes, for example, the conclusion, settlement and rescission of a contract. In addition, we process personal data that are necessary for the implementation of pre-contractual measures, such as the initiation of a contract, and are made on your request.

Data processing on the basis of a legal obligation (Article 6 para. 1 lit. c GDPR)
Like any business, we must comply with retention and other documentation requirements, including documents containing personal information. Insofar as we process data for these purposes, the processing is made on the basis of a legal obligation.

Data processing on the basis of a balance of interests (Article 6 para. 1 lit. f GDPR)
If we process data on the basis of a balance of interests, you, the person concerned, have the right to object to the processing of personal data, taking into account the requirements of Art. 21 GDPR. As far as the specific purpose allows, we process your data pseudonymised or anonymized.

Further legal bases result from the commercial law and tax regulations.

Other recipients of your data

Transfer to processor in accordance with Art. 28 GDPR
Processors employed by us (Article 28 GDPR), in particular in the area of ​​IT services and, for example, printing services that process their data in line with our instructions. Whenever we commission service providers to fulfill our tasks, we always observe the data protection regulations, in particular, they only pass on the conclusion of contracts for order processing.

To carry out a contractual relationship
If it is necessary to carry out the contract with you, for example, we will pass on your data to banks or shipping service providers.

Disclosure due to a legal obligation
If there is a legal or regulatory obligation, we pass your data on to public bodies or institutions (public authorities, for example in the context of criminal prosecution).

Other places, in so far as you have given us consent
If explicit consent is given, we will also pass your data on to other bodies. However, this will be within limits if there is a demonstrable consent from you.

Disclosure for obtaining information
Insofar as we provide advance payment, we reserve the right to obtain identity and credit information from specialized service providers (credit reference agencies) to safeguard our legitimate interests. As a rule, however, we do this only after obtaining your consent to the request for information.

General information on deletion periods of personal data

Principle Purpose and observance of statutory retention periods
We process the data as long as this is necessary for the purpose. If necessary, we process your personal data for the duration of our business relationship, which also includes the initiation and execution of a contract.

In addition, like every company, we are obliged to comply with the statutory retention periods, for example the deadlines set out in commercial and tax law. Insofar as statutory storage requirements exist, the relevant personal data are stored for the duration of the retention obligation. The retention period is also governed by the statutory limitation periods, which, according to §§ 195 ff. Of the German Civil Code (Bürgerliches Gesetzbuch, BGB), can generally be three years and in certain cases up to thirty years. After expiry of the retention period, it is checked whether there is a further need for processing. If a requirement no longer exists, the data is deleted.

Concrete example
Insofar as you provide us with your contact details, for example by e-mail, telephone, or by handing over your business card, we store this data in accordance with Art. 6 para. 1 lit. b DSGVO on the basis of pre-contractual measures and in the legitimate interest (Article 6 para. 1 lit. f GDPR) of a smooth and targeted communication. Insofar as no legal transaction is made, we will delete your data if requested to do so or if no further contact takes place within a period of three years. If you enter into a legal transaction with us (Art. 6 para. 1 lit. b DSGVO), we will store your data for ten years until expiry of the commercial and tax law requirements. After this period, we check whether we can delete the data and lead to deletion if necessary.

Emails and business letters
We archive all our e-mail traffic for ten years. If you send us an e-mail, your data and all e-mail content will be stored accordingly for 10 years. Most emails count as business letters, in addition emails can contain tax-relevant information. The effort to check every single e-mail to this effect is not in our opinion in relation to the benefit and the legitimate interests of the sender. Of course, you can always ask us to delete and we make a case-by-case examination, the result we will inform you. This may result in the deletion or limitation of processing, depending on the content of the correspondence.

Revocation of your consent
Insofar as we process your data on the basis of your consent (Art. 6 (1) lit. DSGVO), we will delete it after your revocation. Unless there are legitimate interests against a complete erasure. For example, we generally retain the declaration of consent for up to three years after receipt of your revocation in the legitimate interest (Article 6 (1) (f) GDPR). We reserve the consent only under restriction of processing in order to be able to defend ourselves in the event of a dispute.

Legal or contractual obligation to provide personal information
The provision of personal data is regularly required for the initiation, conclusion, settlement and cancellation of a contract. In the event that you do not provide the required personal data, we are unable to conclude and fulfill a contract with you.

Transmission to a third country
Your personal data will be processed by us in data centers of the Federal Republic of Germany or the European Union.

Submission to a third country is only an option if you have given us your consent or we have a contract processing agreement. Art. 28 GDPR, taking into account appropriate grants or other suitable guarantees.

 

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