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Data protection

Thank you for visiting our website https://fixture-tech.com/ and for your interest in our company. With the aim of offering you the highest possible degree of transparency, we inform you below about the type, scope and purpose of the collection, processing and use of personal data that arise in the context of the use of our website. The General Data Protection Regulation (hereinafter referred to as "GDPR") can be downloaded here as a complete document.

Contents

1. definitions of terms

The following terms that we use in our privacy policy are defined in Art. 4 GDPR. This is only an excerpt from Art. 4 GDPR. All definitions can be found in the GDPR(available here).
  • Personal data (Art. 4 No. 1 GDPR)
    Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as "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 (Art. 4 No. 2 GDPR)
    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, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
  • Pseudonymization (Art. 4 No. 5 GDPR)
    Pseudonymization means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
  • Controller (Art. 4 No. 7 GDPR)
    The controller is 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 (Art. 4 No. 8 GDPR)
    A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
  • Third party (Art. 4 No. 10 GDPR)
    A third party is 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 authorized to process personal data.
  • Consent (Art. 4 No. 11 GDPR)
    Consent of the data subject is 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.
  • Company (Art. 4 No. 18 GDPR)
    A company is a natural or legal person that carries out an economic activity, regardless of its legal form, including associations or partnerships that regularly carry out an economic activity (Art. 4 No. 18 GDPR).

2. controller pursuant to Article 4 No. 7 GDPR

Fixture Tech Solutions GmbH
Auf Rodert 6
66636 Tholey
Phone: +49 6853 5012-0
Fax: +49 6853 5012-31
E-mail: info@fixture-tech.com
You can access our full legal notice here:
https://fixture-tech.com/impressum/

3. legal bases of the processing

For each processing operation described in our privacy policy, we will inform you of the legal basis on which the processing is carried out. A distinction is made between the following groups of cases in which processing is lawful:
  • You have given us your consent to the processing of your personal data for one or more specific purposes (Art. 6 para. 1 sentence 1 lit. a GDPR).
  • There is a contract between you and us, for the fulfillment of which the processing takes place or the processing is necessary for the implementation of pre-contractual measures, which take place at your request (Art. 6 para. 1 sentence 1 lit. b GDPR).
  • The fulfillment of a legal obligation to which we are subject requires processing (Art. 6 para. 1 sentence 1 lit. c GDPR).
  • The protection of your vital interests or those of another natural person requires processing (Art. 6 para. 1 sentence 1 lit. d GDPR).
  • Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us (Art. 6 para. 1 sentence 1 lit. e GDPR).
  • The necessity of processing to protect our legitimate interests or those of a third party, unless your interests or fundamental rights and freedoms, which require the protection of personal data, prevail (Art. 6 para. 1 sentence 1 lit. f GDPR).

4. storage of data / deletion of data

Within the processing described in our privacy policy, we will inform you of the corresponding storage period or the times of deletion or blocking of data. If no explicit storage period is defined, the data will be deleted or blocked as soon as the purpose or legal basis for storage no longer applies.
Data may be stored beyond the defined periods if statutory provisions to which we are subject (e.g. Section 147 AO, Section 247 HGB) stipulate a different storage period.
Following the storage period, the personal data will be deleted or blocked unless further storage is required by us on a legal basis. In addition, storage beyond the specified period is possible in the event of a (possible) legal dispute with you or other legal proceedings.

5. disclosure of personal data

If your personal data is transferred, you will be informed accordingly at the relevant point in our privacy policy. If your personal data is transferred outside the European Economic Area and thus to so-called third countries, you will be informed accordingly at the relevant point in our privacy policy. In principle, we only transfer personal data to third countries where the EU Commission has confirmed an adequate level of protection or where we can guarantee the careful handling of personal data on the basis of contractual agreements or other suitable guarantees.

6. collection of personal data

In the following, we will inform you about the collection of personal data (such as name, e-mail address, address or user behavior). The provision of data is neither legally nor contractually required. You are neither legally nor contractually obliged to provide the data. Please note, however, that it is not possible to use our website without providing the data specified in section 6.1. Automated decision-making, including profiling in accordance with Art. 22 (1) and (4) GDPR, does not take place on our website.

6.1 Use of our website for information purposes only

If you do not register on our website (e.g. in the form of a newsletter) or transmit data to us in any other way (e.g. by using a contact form), only the personal data transmitted by your browser to our server will be collected. This is data that is technically necessary for us to make the website available for you to view while ensuring a secure and stable display. This is the following information, which is derived from a log file line:
  • Internet Protocol address (IP address)
  • Time and date of the respective access
  • Time zone difference to Greenwich Mean Time (GMT)
  • The specific page called up
  • Status of access / Hypertext Transfer Protocol (http)
  • Amount of data transferred in each case
  • Website from which our website is accessed (referrer URL)
  • Internet browser used (incl. language and version)
  • Operating system used
The legal basis for the collection of the listed data results from Art. 6 para. 1 sentence 1 lit. f GDPR. We have a legitimate interest in ensuring error-free connection establishment and convenient use of our website as well as analyzing system stability and security and using the data for other administrative purposes.

6.2 Contact by e-mail

If you contact us via the e-mail address provided in section 2 or other e-mail addresses of our company that are published on our website, we will store your e-mail address and other contact details provided in your e-mail (e.g. your name or telephone number) in order to process your request. This data will be deleted immediately as soon as further storage is no longer necessary. If statutory retention periods apply to the data, the processing of the data will be restricted accordingly instead of being deleted. Depending on the reason for sending the email, the legal basis for processing the data results from Art. 6 para. 1 sentence 1 lit. b GDPR or from Art. 6 para. 1 sentence 1 lit. f GDPR, i.e. either for processing the contract concluded with you and for fulfilling our (pre)contractual obligations or is based on our legitimate interest in contacting people interested in our services.

6.3 Contact form

If you contact us via the contact form on our website, the contact data you provide will be stored and processed by us in order to process your request. Depending on the reason for contacting us, the legal basis for processing the data results from Art. 6 para. 1 sentence 1 lit. b GDPR or from Art. 6 para. 1 sentence 1 lit. f GDPR, i.e. either for the execution of the contract concluded with you and for the fulfillment of our (pre)contractual obligations or is based on our legitimate interest in contacting interested parties for our services.

6.4 Applications

Job vacancies are published on our website, which you can apply for using the corresponding application form. If you apply using the form on our website, the data you provide will be stored by us and processed for the purposes of the application process. The legal basis for the processing of this data is the fulfillment of our pre-contractual obligations in the context of the application process in accordance with Art. 6 para. 1 lit. b GDPR in conjunction with § 26 Federal Data Protection Act (BDSG). Furthermore, an additional legal basis may arise from Art. 6 para. 1 lit. f GDPR if data processing becomes necessary, for example in the context of legal proceedings. If applicants voluntarily transmit special categories of personal data in accordance with Art. 9 para. 1 GDPR, these will be processed by us in accordance with Art. 9 para. 2 lit. b GDPR. If we request data in accordance with Art. 9 para. 1 GDPR, the data processing is always based on your express consent (Art. 9 para. 2 lit. a GDPR). If the application results in an employment relationship, the applicant data will be further processed by us to establish an employment relationship in accordance with Art. 6 para. 1 lit. b GDPR in conjunction with § 26 BDSG. Otherwise, the applicant data will be stored by us exclusively for the duration of the application process and at the longest in accordance with the generally recognized and statutory retention periods and then deleted (at the latest 6 months after the position has been filled - in order to be able to react to applicant claims under the General Equal Treatment Act (AGG)). This also applies to withdrawn applications. Further data may also be stored beyond this period to fulfill other legal obligations.

7. hosting

Our website is hosted by the company SiteGround Spain S.L., Calle de Prim 19, 28004 Madrid (hereinafter referred to as "SiteGround"), legal notice: https://de.siteground.com/viewtos/impressum?lang=de_DE. When our website is accessed, the personal data specified in this privacy policy is transmitted to SiteGround for purely informational use of the website. We have concluded a corresponding data processing agreement with SiteGround for this purpose. The server location we use is exclusively in Germany.

8. cookies

We use cookies on our website. Cookies are small, browser-specific text files that are stored on your hard disk. This provides the site that sets the cookie with certain information, but does not allow programs to be executed or viruses to be transmitted. Cookies are divided into the following classes:
  • First of all, a distinction is made according to who has set the respective cookie (website operator in the form of first-party cookies or third parties in the form of third-party cookies).
  • Then there is a distinction regarding the duration of storage.
    • There are transient cookies that are automatically deleted when the browser is closed, which mainly concerns so-called session cookies that store a session ID. These session cookies are used to recognize your computer when you visit our website again within a session using the same browser. When you close the browser or log out, these temporary cookies are deleted.
    • There are also so-called persistent cookies, which are stored for a longer period of time (up to two years). However, the period until deletion differs from cookie to cookie. You can delete these cookies manually at any time via your browser settings.
    • Flash cookies form another group. This is a Flash Player-bound cookie that stores the technical data required to play video or audio content (e.g. image quality or network speed), whereby there is normally no automatic expiration date and the cookies store the required data independently of the browser used. Some browsers (e.g. Firefox) offer the option of deleting Flash cookies together with the other cookies.
  • Furthermore, a distinction is made between cookies based on their function, which is the most relevant from a data protection perspective.
    • Technical (essential) cookies are cookies that are necessary to perform basic functions of the website (e.g. saving a product that has been placed in the shopping cart).
    • Performance cookies collect information about the use of the website and any errors that occur. This is anonymous information that is used to improve the website.
    • By means of advertising cookies or targeting cookies, it is possible to display customized advertising (also from third-party providers) to the user of the website and to determine the effectiveness of this advertising.
    • Sharing cookies connect the website with other services (e.g. social media presences).
We only use automated technical cookies and thus cookies that are essential for the operation of our website on the basis of our legitimate interest within the meaning of Art. 6 para. 1 sentence 1 lit. f GDPR in order to effectively design and continuously improve our website.
We would like to point out that you can prevent the storage of cookies at any time by setting your browser accordingly. We have compiled further information in this context with regard to the most common browsers below, but would like to point out that this may limit the functionality of our website.

9. weglot

We integrate the translation plugin Weglot, of the company Weglot SAS, 7 cité Paradis 75010 Paris (hereinafter referred to as "Weglot") on our website. Weglot uses the Frankfurt-based servers of Amazon Web Services Inc, 1200 12th avenue South Suite 1200 Seattle, WA 98144 USA, to provide its service, so it cannot be ruled out that your data will also be processed in the USA. The USA is a so-called third country within the meaning of the GDPR. The data transfer to this third country is justified in the present case in accordance with Art. 44 and 45 GDPR, as Amazon is an active participant in the so-called "EU/US - Data Privacy Framework". This is a data protection agreement between the EU and the USA in which the level of data protection for certified companies in the USA is declared appropriate ("adequacy decision"). When the language of the website is changed, the local storage of your end device is described by Weglot and a cookie is set to save the language selection. The personal data specified in this privacy policy may also be transmitted to Weglot if the website is used purely for information purposes. You can access Weglot's privacy policy here: https://weglot.com/de/privacy/. We use Weglot on the basis of our legitimate interest pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR to make our website available to our website users/customers in different languages.

10. paypal

We use the PayPal payment service from PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg in our check-out process. You can pay with your PayPal account, but also with your debit or credit card, whereby the transaction is processed via PayPal. PayPal's legal notice can be found here: https://www.paypal.com/de/webapps/mpp/imprint, the privacy policy at the following link https://www.paypal.com/de/webapps/mpp/ua/privacy-full. The parent company of this Luxembourg subsidiary is PayPal Inc. 2211 N First St, San Jose, CA 95131, United States. We would like to point out that a data transfer to the USA and thus to a third country is very likely. A corresponding data processing agreement has been concluded with PayPal. The legal basis for the transfer of data is Art. 6 para. 1 lit. c GDPR in conjunction with. Art. 49 para. 1 sentence 1 lit. c GDPR and Art. 6 para. 1 lit. b GDPR in conjunction with. Art. 49 para. 1 sentence 1 lit. b GDPR, as the transfer is necessary for the performance of a contract.
In the USA, there is currently only a level of data protection equivalent to the EU if the data processing is carried out by a company certified under the "EU/US - Data Privacy Framework", as the additional protective measures created by the US government, as set out in the "EU/US - Data Privacy Framework", then take effect.

PayPal is not an active member of the EU/US - Data Privacy Framework, however, which is why the transfer is therefore associated with corresponding risks. In particular, there are no guarantees that your transmitted data will not be accessed by government agencies. For example, it cannot be ruled out that US authorities may access your data on the basis of Section 702 of the Foreign Intelligence Surveillance Act (FISA for short) and/or on the basis of the so-called CLOUD Act (Clarifying Lawful Overseas Use of Data Act). In this context, we expressly point out that in this case (if no certification under the "EU/US - Data Privacy Framework" exists) you as an EU citizen have no effective legal protection against the processing of your data by US authorities.

11. conclusion of contract

If you wish to purchase a product, it is necessary for the conclusion of the contract that you provide personal data that we require for the purpose of processing the contract. This is basically the company name, billing address, contact details, information for verification of the entrepreneur status and, if necessary, other data voluntarily provided by you. The legal basis for data processing with regard to contract processing is Art. 6 para. 1 sentence 1 lit. b GDPR and, due to commercial and tax law requirements, Art. 6 para. 1 sentence 1 lit. c GDPR. Due to commercial and tax law requirements, we are obliged to store your address, payment and order data for a period of ten years. However, we restrict processing after three years, i.e. your data will only be used to comply with legal obligations from this point onwards. The legal basis for the storage of data on the basis of commercial and tax law requirements is Art. 6 para. 1 sentence 1 lit c GDPR, in particular in conjunction with the German Commercial Code (HGB) and the German Tax Code (AO).

12. customer account

Optionally, you can create a customer account during the ordering process, in which your data is stored and for which an additional account user name and account password are created and processed. Your data will remain stored in the customer account on a revocable basis so that it can be used to conclude further contracts at a later date. However, you can delete the user account at any time in the log-in area. However, the customer account will be deleted at the latest within the framework described in section 11. The legal basis for the continued existence of your customer account with regard to contract processing or initiation is Art. 6 para. 1 sentence 1 lit. b GDPR and, due to commercial and tax law requirements, Art. 6 para. 1 sentence 1 lit. c GDPR, but also our legitimate interest, Art. 6 para. 1 sentence 1 lit. f GDPR, in being able to offer you a pleasant (renewed) purchase, whereby this is also in your interest, as this makes it easier to initiate and conclude new contracts.

13 Your rights

Below we inform you about your rights under the GDPR. You can download the GDPR as a complete document here .
  • Right to information in accordance with Art. 15 para. 1 GDPR

    You have the right to request confirmation from us as to whether personal data concerning you is being processed. If this is the case, in addition to the right to information about this personal data, you have the right to information about the purposes of processing, the categories of personal data processed, the recipients or categories of recipients to whom your personal data has been disclosed or will be disclosed in the future (in particular to recipients in third countries or international organizations), the storage period or criteria for determining the storage period, the existence of a right to data portability and the existence of a right to data portability. the criteria used to determine the storage period, the existence of the right to request from us rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing, the existence of the right to lodge a complaint with a supervisory authority, any available information as to the source of the data (where the personal data are not collected by us), the existence of automated decision-making, including profiling and, where applicable, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing.
  • Right to rectification pursuant to Art. 16 GDPR
    You have the right to obtain from us without undue delay the rectification of inaccurate personal data and the completion of incomplete personal data concerning you.
  • Right to erasure ("right to be forgotten") pursuant to Art. 17 (1) GDPR
    You have the right to demand that we erase the personal data concerning you without undue delay. However, this right does not exist in accordance with Art. 17 para. 3 GDPR if the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest in the area of public health, for archiving purposes in the public interest or for the establishment, exercise or defense of legal claims.
  • Controller (Art. 4 No. 7 GDPR)
    The controller is 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 (Art. 4 No. 8 GDPR)
    A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
  • Right to restriction of processing pursuant to Art. 18 (1) GDPR
    You have the right to obtain from us restriction of processing of your personal data if the accuracy of your personal data is contested by you (the restriction applies for the period enabling us to verify the accuracy), the processing of your personal data is unlawful and you oppose the erasure, we no longer need your personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims or you have objected to processing pursuant to Art. 21 para. 1 GDPR (the restriction applies as long as it is not yet clear whether our legitimate reasons outweigh yours).
  • Right to data portability pursuant to Art. 20 GDPR
    You have the right to receive the personal data concerning you from us in a structured, commonly used and machine-readable format and to transmit those data to another controller without hindrance from us (or to have the data transmitted directly from us to another controller, where technically feasible), where the processing is based on consent or on a contract or is carried out by automated means.
  • Right to withdraw consent granted in accordance with Art. 7 (3) GDPR
    You have the right to withdraw your consent at any time with effect for the future, so that data processing based on your consent can no longer be continued in the future, but the legality of the processing carried out until your withdrawal is not affected by this.
  • Right to lodge a complaint pursuant to Art. 77 GDPR
    Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority if you consider that the processing of personal data relating to you infringes the GDPR. As a rule, you can contact the supervisory authority of your usual place of residence, your place of work or the place of the alleged infringement. Further information on this can be found on the website of the Federal Commissioner for Data Protection and Freedom of Information.

14. right of objection

In addition to the aforementioned rights, you also have the right to object at any time to the processing of your personal data, which is carried out in the public interest or in the exercise of official authority (Art. 6 para. 1 sentence 1 lit. e GDPR) or to safeguard legitimate interests on our part (Art. 6 para. 1 sentence 1 lit. f GDPR), with effect for the future, provided that there are reasons for this arising from your particular situation. If you object, your personal data will no longer be processed unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims. If your personal data is processed for the purpose of direct marketing or profiling, insofar as there is a connection to direct marketing, you have a general right to object without the need for reasons arising from your particular situation. In the event of an objection, we will immediately cease processing the personal data for these purposes. To exercise your right of revocation or objection, simply send an e-mail to: info@fixture-tech.com

15. data security

The TLS 1.3 (Transport Layer Security) encryption and communication protocol is used on our website. The TLS certificate used by us and issued by a certification authority enables encrypted data exchange between the web browser and web server, which means that sensitive data cannot be read by third parties. We use the process with the highest encryption level supported by your browser, which is usually 256-bit encryption. The higher the number of bits, the longer the key and the better the protection against third parties.
This privacy policy was created individually for this website by Frame for Business GmbH in cooperation with the law firm Dr. Schultheiß .
© 2024 Fixture Tech Solutions GmbH
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