Privacy policy as per GDPR
I. Data controller and contact details:
Data controller in terms of data protection law
Gebrüder Fabian GmbH
Schnackenburgallee 192
22525 Hamburg
Represented by:
Thorsten Fabian, Managing Director
Kerstin Fabian-Marzahn, Managing Director
info(at)gebrueder-fabian.de
Contact details of our data protection officer:
Gebrüder Fabian GmbH
Schnackenburgallee 192
22525 Hamburg
Yvonne Martin
datenschutzbeauftragter(at)gebrueder-fabian.de
The data controller person is not obliged to appoint a data protection officer.
II. General information on data processing
1. Scope of processing of personal data
As a matter of principle, we process personal data of our users only to the extent necessary to provide a functional website and our contents and services. The processing of personal data of our users is regularly only carried out with the consent of the user. An exception is made in those cases where prior consent cannot be obtained for factual reasons and where the processing of the data is permitted by law.
2. Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 a) EU Data Protection Regulation (GDPR) serves as the legal basis.
In the processing of personal data necessary for the performance of a contract to which the data subject is a party, Article 6 para. 1 b) GDPR serves as the legal basis. This also applies to processing operations necessary for the implementation of pre-contractual measures.
Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 c) GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person make it necessary to process personal data, Article 6 paragraph 1 d) GDPR serves as the legal basis.
If the processing is necessary to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Article 6 para. 1 f) GDPR serves as the legal basis for the processing.
3. Data erasure and storage duration
The personal data of the data subject will be deleted or blocked as soon as the purpose of the storage is no longer applicable. Storage may also be made if this has been provided for by the European or national legislator in Union regulations, laws or other regulations to which the data controller is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need to continue storing the data for the purpose of concluding or fulfilling a contract.
III. Provision of the website and creation of log files
1. Description and scope of data processing
Whenever you visit our website, our system automatically collects data and information from the computer system of the visiting computer.
The following data is collected:
(1) Information about the type of browser and version used
(2) The user's operating system
(3) The user's IP address
(4) The date and time of access
(5) Websites from which the user's system accesses our website
Die Daten werden ebenfalls in den Logfiles unseres Systems gespeichert. Eine Speicherung dieser Daten zusammen mit anderen personenbezogenen Daten des Nutzers findet nicht statt.
2. Legal basis for the data processing
The legal basis for the temporary storage of data and log files is Art. 6 para. 1 f) GDPR.
3. Zweck der Datenverarbeitung
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this purpose, the IP address of the user must be stored for the duration of the session.
The storage in log files is done to ensure the functionality of the website. In addition, the data is used to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
These purposes also include our legitimate interest in data processing in accordance with Art. 6 para. 1 f) GDPR.
4. Duration of storage
The data will be deleted as soon as they are no longer necessary for the purpose of their collection. In the event that data is collected for the provision of the website, this is the case when the respective session is ended.
In the case of data storage in log files, this is the case after seven days at the latest. Storage longer than this is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the consulting client is no longer possible.
5. Possibility of objection and removal
The collection of data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website. There is therefore no possibility of objection on the part of the user.
IV. Contact form and e-mail contactt
1. Description and scope of data processing
There is a contact form on our website which can be used for electronic contact. If a user takes advantage of this option, the data entered in the input mask will be transmitted to us and stored. These data are:
in each case, concerning the client and place of delivery:
Company
Contact person
Address
Telephone
and:
Type of container
At the time the message is sent, the following data are also stored:
(1) The user’s IP address
(2) Date and time of registration
Your consent will be obtained for processing the data during the sending process and reference will be made to this privacy policy.
Alternatively, it is possible to contact us via the provided e-mail address. In this case the user’s personal data transmitted with the e-mail will be stored.
In this context, the data will not be passed on to third parties. The data will be used exclusively for processing the conversation.
2. Legal basis for the data processing
The legal basis for the processing of the data is Art. 6 para. 1 a) GDPR if the user has given his/her consent.
The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para 1 f) GDPR. If the e-mail contact aims at the conclusion of a contract, an additional legal basis for the processing is Art. 6 Para. 1 b) GDPR.
3. Purpose of the data processing
We only use personal data from the input mask for processing of the establishment of contact. When we are contacted by e-mail, this is also our necessary legitimate interest in the processing the data.
The other personal data processed during the sending process is intened to prevent misuse of the contact form and to ensure the security of our information technology systems.
4. Duration of storage
The data will be deleted as soon as they are no longer necessary for the purpose of their collection. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation ends when it is clear from the circumstances that the matter in question has been conclusively clarified.
The personal data additionally collected during the sending process will be deleted after a period of seven days at the latest.
5. Possibility of objection and removal
The user has the possibility to revoke his/her consent to the processing of personal data at any time. If the user contacts us by e-mail, he/she can object to the storage of his/her personal data at any time. In this case the conversation cannot be continued.
All personal data stored in the course of the contact will be deleted in this case.
V. Rights of the data subject
If your personal data is processed, you are a data subject under the GDPR and you are entitled to the following rights in relation to the data controller:
1. Right of information
You can request confirmation from the data controller as to whether personal data concerning you is being processed by us.
Where such processing is carried out, you may request the following information from the controller:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data which are processed;
(3) the recipients or
categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the envisaged duration of storage of the personal data concerning you or, if specific details cannot be given, criteria for determining the duration of storage;
(5) the existence of a right of rectification or erasure of personal data relating to you, a right to have the processing limited by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) any available information as to the source of the data when the personal data are not collected from the data subject;
(8) the existence of automated decision making, including profiling, in accordance with Art. 22 para. 1 and 4 GDPR and - at least in these cases - meaningful information on the logic involved and the scope and intended effects of such processing on the data subject.
You have the right to request information as to whether personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transfer.
2. Right to rectification
You have the right to obtain the rectification and/or integration of any personal data processed concerning you from the data controller if they are incorrect or incomplete. The data controller shall make the correction without delay.
3. The right to restrict processing
Under the following conditions, you may request that the processing of personal data concerning you be restricted:
(1) if you dispute the accuracy of the personal data concerning you for a period of time which enables the controller to verify the accuracy of the personal data;
(2) if the processing is unlawful and you object to the deletion of the personal data and instead request the restriction of the use of the personal data;
(3) if the controller no longer needs the personal data for the purposes of the processing but you need them for the purpose of asserting, exercising or defending legal claims; or
(4) if you object to the processing pursuant to Art. 21 para. 1 GDPR and it has not yet been established whether the legitimate reasons of the data controller outweigh your reasons.
Where the processing of personal data relating to you has been restricted, such data may be processed, with the exception of storage, only with your consent or for the purpose of pursuing, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.
If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
4. Right to erasure
a) Obligation to erase
You may require that the data controller erase personal data concerning you immediately and the controller shall be obliged to erase such data immediately if one of the following reasons applies:
(1) the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed
(2) You revoke your consent on which the processing was based pursuant to Art. 6 para. 1 a) or Art. 9 para. 2 a) GDPR and there is no other legal basis for the processing.
(3) You lodge an objection to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you lodge an objection to the processing pursuant to Art. 21 para. 2 GDPR.
(4) Personal data concerning you have been processed unlawfully.
(5) The deletion of personal data concerning you is necessary to comply with a legal obligation under EU or national law to which the controller is subject.
(6) The personal data concerning you have been collected in relation to information society services offered in accordance with Article 8 para. 1 GDPR.
b) Information to third parties
If the data controller has made the personal data concerning you public and is obliged to delete them in accordance with Art. 17 para. 1 GDPR, he/she shall take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to these personal data or copies or replications of these personal data.
c) Exceptions
The right to erasure shall not apply insofar as the processing is necessary:
(1) for the exercise of the right to freedom of expression and information;
(2) to comply with a legal obligation requiring processing under Union or national law to which the controller is subject or in the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 h and i and Art. 9 para. 3 GDPR;
(4) for archiving purposes in the public interest, for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously hamper the attainment of the objectives of such processing, or
(5) to assert, exercise or defend legal claims.
5. Recht auf Unterrichtung
Haben Sie das Recht auf Berichtigung, Löschung oder Einschränkung der Verarbeitung gegenüber dem Verantwortlichen geltend gemacht, ist dieser verpflichtet, allen Empfängern, denen die Sie betreffenden personenbezogenen Daten offengelegt wurden, diese Berichtigung oder Löschung der Daten oder Einschränkung der Verarbeitung mitzuteilen, es sei denn, dies erweist sich als unmöglich oder ist mit einem unverhältnismäßigen Aufwand verbunden.
Ihnen steht gegenüber dem Verantwortlichen das Recht zu, über diese Empfänger unterrichtet zu werden.
5. Right to information
If you have exercised the right to rectify, erase or restrict the processing, the data controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or restriction of processing, unless this proves impossible or involves a disproportionate effort.
They have the right to be informed of these recipients by the data controller.
6. Right to data transfer
You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, common and machine-readable format. You also have the right to have this data communicated to another controller without interference from the controller to whom the personal data has been made available, provided that
(1) the processing is based on a consent pursuant to Art. 6 para. 1 a) GDPR or Art. 9 para. 2 a) GDPR or on a contract pursuant to Art. 6 para. 1 b) GDPR and
(2) the processing is carried out by means of automated procedures.
In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, in so far as this is technically feasible. The freedoms and rights of other persons may not be impaired thereby.
The right to data transferability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
7. Right to object
You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6 para. 1 e) or f) GDPR; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning you unless he/she can demonstrate compelling legitimate reasons for processing which outweigh your interests, rights and freedoms, or if the processing is carried out for the purpose of asserting, exercising or defending legal claims.
If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it is linked to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You may exercise your right of objection in relation to the use of information society services, without prejudice to Directive 2002/58/EC, by means of automated procedures involving technical specifications
8. Right to revoke the declaration of consent under data protection law
You have the right to revoke your data protection declaration of consent at any time. The revocation of consent shall not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
9. Automated case-by-case decision making including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which has legal effect on you or which significantly affects you in a similar way. This shall not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the data controller,
(2) is permitted by Union or national legislation to which the data controller is subject and such legislation provides for appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
(3) is with your express consent.
However, these decisions may not be based on special categories of personal data in accordance with Art. 9 para. 1 GDPR, unless Art. 9 para. 2 a) or g) GDPR applies and appropriate measures have been taken to protect rights and freedoms and your legitimate interests.
With regard to the cases referred to in (1) and (3), the data controller shall take appropriate measures to safeguard your rights and freedoms and your legitimate interests, which shall include at least the right to obtain the intervention of any person from the data controller, to present his or her point of view and to contest the decision
10. Right to appeal to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State in which you are domiciled, your place of work or the place where the alleged infringement occurred, if you consider that the processing of personal data relating to you is in breach of the GDPR.
The supervisory authority to which the complaint was filed shall inform the complainant of the status and the results of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.
VI. Google Maps
This site uses the map service Google Maps via an API. The provider is Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
It is necessary to store your IP address in order to use the functions of Google Maps. This information is usually transferred to a Google server in the USA and stored there. The data controller for this site has no influence on this data transfer. The use of Google Maps is in the interest of an attractive presentation of our online offers and easy findability of the places we have indicated on the website. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 f) GDPR.
You can find more information on the handling of user data in Google's privacy policy: www.google.de/intl/de/policies/privacy/