We are very pleased about your interest in our company. Data protection has a particularly high priority for the management of FLS GmbH & Co. KG. In principle, it is possible to use the internet pages without providing any personal data. However, if a person concerned wishes to make use of special services of our company via our website, it may become necessary to process personal data. If it is necessary to process personal data and there is no legal basis for such processing, we generally obtain the consent of the person concerned. The processing of personal data, such as the name, address, e-mail address or telephone number of a data subject, is always carried out in accordance with the basic data protection regulation and in compliance with the applicable country-specific data protection provisions. By means of this data protection declaration, our company wishes to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, this data protection declaration informs affected persons about the rights to which they are entitled. The FLS GmbH & Co. KG has implemented numerous technical and organisational measures in its capacity as data controller in order to ensure that the personal data processed via this website is protected as completely as possible. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, such as by telephone.
The privacy statement is based on the terms used by the European legislator for directives and regulations when the basic data protection regulation (DS-GVO) was adopted. Our data protection declaration should be easy to read and understand both for the public and for our customers and business partners. To ensure this, we would like to explain the terms used in advance. We use the following terms, among others, in this data protection declaration:
- Personal data
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 one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- Person concerned
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
Processing is any operation or set of operations, performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, conduct, location or change of location.
Pseudonymisation 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 additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data is not attributed to an identified or identifiable natural person.
- Controller or data controller
Controller or data controller shall mean the natural or legal person, public authority, agency or any 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 law or by the law of the Member States, provision may be made for the controller or for the specific criteria for his or her designation in accordance with Union law or the law of the Member States.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not it is a third party. However, authorities which may receive personal data in the course of a specific investigation, in accordance with Union or national law, shall not be considered as recipients.
- Third party
Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process the personal data.
Consent shall mean any freely given specific and informed expression of the data subject’s will in an informed and unequivocal manner, in the form of a declaration or other unequivocal affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.
2. The name and address of the controller
The person responsible within the meaning of the Basic 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 the:
COMPANY: FLS GmbH & Co. KG, Kackertstr. 10 52072 Aachen
3. The name and address of the Data Protection Officer
Contact details of the data protection officer of the controller:
EU-CON ConsultantForum GmbH,
Every person concerned can contact our data protection officer directly at any time with all questions and suggestions concerning data protection.
4. Contact details of the supervisory authority responsible for data protection:
State Commissioner for Data Protection and Freedom of Information North Rhine-Westphalia
PO Box 20 04 44
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6. Collection of general data and information
The website of FLS GmbH & Co. KG records a series of general data and information every time a person or an automated system calls up the website. These general data and information are stored in the log files of the server.
The following can be recorded:
(1) 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 referrer),
(4) the sub-websites, which are accessed via an accessing system on our website,
(5) the date and time of access to the website,
(6) an Internet Protocol (IP) address,
(7) the Internet service provider of the accessing system, and
(8) other similar data and information which serve to avert danger in the event of attacks on our information technology systems. When using these general data and information, FLS GmbH & Co. KG does not draw any conclusions about the person concerned.
This information is rather required to
(1) to deliver the contents of our website correctly
(2) to optimise the contents of our website and the advertising for it,
(3) to ensure the permanent functionality of our information technology systems and the technology of our website and
(4) to provide law enforcement authorities with information necessary for law enforcement purposes in the event of a cyber attack.
This anonymously collected data and information is therefore evaluated statistically on the one hand and also with the aim of increasing data protection and data security in our company, in order to ultimately ensure an optimum level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a person concerned.
7. Contact possibility via the internet page
The website of FLS GmbH & Co. KG contains, due to legal regulations, information that enables quick electronic contact to our company as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the data controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted voluntarily by a data subject to the controller are stored for the purposes of processing or contacting the data subject. Such personal data shall not be disclosed to third parties.
8. Routine deletion and blocking of personal data
The controller shall process and store personal data relating to the data subject only for the time necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or by any other law or regulation to which the controller is subject. If the purpose of storage ceases to apply or if a storage period prescribed by the European Directive and Regulation Giver or any other competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.
9. Rights of the data subject
- Right to confirmation
Every data subject has the right, granted by the European Directives and Regulations, to obtain confirmation from the controller as to whether personal data relating to him are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact our Data Protection Officer or any other employee of the controller.
- Right to information
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain at any time and free of charge from the controller information on the personal data stored in relation to him or her and a copy thereof. Furthermore, the European Directive and Regulation Giver has granted the data subject access to the following information:
- the processing purposes
- the categories of personal data processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or to international organisations
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- the existence of a right of rectification or erasure of personal data relating to them or of a right of objection to their processing by the controller
- the existence of a right of appeal to a supervisory authority
- if the personal data are not collected from the data subject: All available information on the origin of the data
- the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the DPA and, at least in these cases, meaningful information about the logic involved and the scope and intended impact of such processing on the data subject
The data subject shall also have the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in relation to the transfer. If a data subject wishes to exercise this right of access, he or she may at any time contact our Data Protection Officer or any other employee of the controller.
- Right of rectification
Every person concerned by the processing of personal data has the right, granted by the European legislator, to request the rectification without delay of inaccurate personal data concerning him. Furthermore, the data subject shall have the right to request the completion of incomplete personal data, including by means of a supplementary declaration, having regard to the purposes of the processing. If a data subject wishes to exercise this right of rectification, he or she may at any time contact our Data Protection Officer or any other employee of the controller.
- Right of deletion (right to be forgotten)
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the immediate erasure of personal data relating to him/her, where one of the following reasons applies and provided that the processing is not necessary:
- the personal data have been collected or otherwise processed for purposes for which they are no longer necessary
- The data subject withdraws the consent on which the processing was based pursuant to Article 6(1)(a) of the DPA or Article 9(2)(a) of the DPA, and there is no other legal basis for the processing.
- The data subject lodges an objection to the processing pursuant to Article 21(1) DPA and there are no overriding legitimate reasons for the processing, or the data subject lodges an objection to the processing pursuant to Article 21(2) DPA.
- The personal data were processed unlawfully.
- The deletion of the personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
- The personal data were collected in relation to information society services offered in accordance with Article 8 (1) DS-GVO.
If one of the above reasons applies and a data subject wishes to have personal data stored by us deleted, he or she may contact our data protection officer or another member of staff of the data controller at any time. The data protection officer or another employee will arrange for the deletion request to be complied with immediately. If the personal data has been deleted by FLS GmbH & Co. KG and if our company as the responsible party is obliged to delete the personal data in accordance with Art. 17 Para. 1 DS-GVO, we will take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data controllers who process the published personal data that the data subject has requested these other data controllers to delete all links to this personal data or copies or replications of this personal data, insofar as the processing is not necessary. The data protection officer or another member of staff will take the necessary steps in individual cases.
- Right to limit processing
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to request the controller to restrict the processing if one of the following conditions is met:
- the accuracy of the personal data is contested by the data subject, for a period of time sufficient to enable the controller to verify the accuracy of the personal data
- The processing is unlawful, the data subject refuses to have the personal data deleted and instead requests the restriction of the use of the personal data.
- The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to assert, exercise or defend legal claims.
The data subject has lodged an objection to the processing in accordance with Article 21 (1) of the DPA and it is not yet clear whether the legitimate reasons given by the controller outweigh those of the data subject. If one of the above-mentioned conditions is met and a data subject wishes to restrict personal data held by FLS GmbH & Co. KG, he or she may contact our data protection officer or another employee of the data controller at any time. The data protection officer or another employee will arrange for the restriction of the processing.
- Right to data transferability
Every person concerned by the processing of personal data has the right, granted by the European Directives and Regulations, to receive the personal data concerning him/her which have been provided by the data subject to a controller in a structured, common and machine-readable format. He/she also has the right to have this data communicated to another controller without hindrance by the controller to whom the personal data has been made available, provided that the processing is based on the consent pursuant to Art. 6(1)(a) DPA or Art. 9(2)(a) DPA or on a contract pursuant to Art. 6(1)(b) DPA and that the processing is carried out by means of automated procedures, 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, when exercising their right to data transferability in accordance with Art. 20 Paragraph 1 FDPIC, the data subject has the right to obtain that personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.
In order to assert the right to data transfer, the person concerned can contact the appointed data protection officer or another employee at any time.
- Right of appeal
Every person concerned by the processing of personal data has the right, granted by the European legislator for directives and regulations, to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her that is carried out on the basis of Article 6(1)(e) or (f) of the DPA. This also applies to profiling based on these provisions. The FLS GmbH & Co. KG no longer processes the personal data in the event of an objection, unless we can prove compelling reasons for processing worthy of protection that outweigh the interests, rights and freedoms of the person concerned, or the processing serves to assert, exercise or defend legal claims. Where we process personal data for the purpose of direct marketing, the data subject shall have the right to object at any time to the processing of personal data for the purpose of such marketing (with effect for the future). This also applies to profiling, insofar as it is related to such direct marketing. If the data subject objects to the processing for the purposes of direct marketing, FLS GmbH & Co. KG will no longer process these personal data for these purposes. In addition, the data subject has the right to object, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her that is carried out at FLS GmbH & Co. KG for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 Paragraph 1 DS-GVO, unless such processing is necessary to fulfil a task in the public interest. To exercise the right of objection, the data subject may contact the data protection officer or another member of staff directly. The data subject is also free to exercise his or her right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures involving technical specifications.
- Automated decisions in individual cases, including profiling
Any person concerned by the processing of personal data shall have the right, as guaranteed by the European Data Protection Directive and Regulation, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or significantly affects him or her in a similar way, provided that the decision
(1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or
(2) is authorised by Union law or the law of the Member States to which the controller is subject and that law contains adequate measures to safeguard the rights and freedoms and legitimate interests of the data subject; or
(3) with the express consent of the data subject.
If the decision
(1) is necessary for the conclusion or performance of a contract between the data subject and the controller, or
(2) If it is carried out with the express consent of the person concerned, FLS GmbH & Co. KG shall take appropriate measures to protect the rights and freedoms as well as the legitimate interests of the person concerned, which shall include at least the right to obtain the intervention of a person on the part of the responsible person, to present its own standpoint and to challenge the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time contact the Data Protection Officer or any other member of the staff of the controller.
- Right to revoke a data protection consent
Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation Giver, to revoke his or her 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 at any time contact our Data Protection Officer or any other employee of the controller.
10. Data protection for applications and in the application process
The controller collects and processes the personal data of applicants for the purpose of processing the application procedure. The processing may also be carried out by electronic means. This is particularly the case if an applicant submits the relevant application documents to the controller electronically, for example by e-mail or via a web form on the website. If the data controller concludes an employment contract with an applicant, the transmitted data is stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents shall be automatically deleted 90 days after notification of the rejection decision, unless deletion is contrary to any other legitimate interests of the controller. Other legitimate interests in this sense include, for example, a duty of proof in proceedings under the General Equal Treatment Act (AGG).
The data controller has integrated components of Xing on this website. Xing is an Internet-based social network that enables users to connect with existing business contacts and to make new business contacts. Individual users can create a personal profile of themselves on Xing. Companies can, for example, create company profiles or publish job offers on Xing.
The operating company of Xing is XING AG, Dammtorstraße 30, 20354 Hamburg, Germany.
Each time a user accesses one of the individual pages of this website, which is operated by the data controller and on which a Xing component (Xing plug-in) has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Xing component to download a representation of the corresponding Xing component from Xing. Further information on Xing plug-ins can be found at dev.xing.com/plugins. As part of this technical process, Xing obtains information about which specific subpage of our website is visited by the person concerned.
If the person concerned is logged in to Xing at the same time, Xing recognizes which specific subpage of our website the person concerned is visiting each time the person concerned calls up our website and for the entire duration of their stay on our website. This information is collected by the Xing component and assigned by Xing to the respective Xing account of the person concerned. If the person concerned clicks one of the Xing buttons integrated on our website, for example the “Share” button, Xing assigns this information to the personal Xing user account of the person concerned and stores this personal data.
Xing always receives information via the Xing component that the data subject has visited our website if the data subject is logged on to Xing at the same time as accessing our website; this takes place regardless of whether the data subject clicks on the Xing component or not. If the data subject does not wish this information to be transmitted to Xing, he or she can prevent the transmission by logging out of his or her Xing account before accessing our website.
The data protection regulations published by Xing, which can be accessed at www.xing.com/privacy, provide information about the collection, processing and use of personal data by Xing. Xing has also published data protection information for the XING Share button at www.xing.com/app/share.
Our website uses features of the LinkedIn network. The provider is LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA.
Each time you access one of our pages that contains LinkedIn features, a connection to LinkedIn’s servers is established. LinkedIn is notified that you have visited our sites using your IP address. If you click the LinkedIn “Recommend” button and are logged into your LinkedIn account, LinkedIn is able to track your visit to our site to you and your account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by LinkedIn.
The LinkedIn plugin is used on the basis of Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in the widest possible visibility in the social media.
14. Legal basis of the processing
Art. 6 I lit. a DS-GVO serves our company as a legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the supply of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which makes it necessary to process personal data, for example to fulfil tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. 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 to our company was injured and his or her name, age, health insurance details or other vital information had to be disclosed to a doctor, hospital or other third party. The processing would then be based on Art. 6 I lit. d DS-GVO. Finally, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations which are not covered by any of the above legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of 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 have been 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 DS-GVO).
15. Legitimate interests in processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is the performance of our business activities in all their forms.
16. Duration for which personal data are stored
The criterion for the duration of storage of personal data is the respective legal retention period. After expiry of this period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfilment of the contract or the initiation of a contract.
17. Legal or contractual provisions making the personal data available; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data
We 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 contract to be concluded that a data subject provides us with personal data, which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company concludes a contract with him/her. Failure to provide the personal data would mean that the contract with the person concerned could not be concluded. Before the person concerned makes personal data available, he or she can contact our data protection officer. Our data protection officer will then inform 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 the consequences would be if the personal data were not provided.
18. Existence of automated decision making
As a responsible company, we avoid automatic decision making or profiling.
19. Use of Google Analytics:
20. Transmission of personal data to third parties
For the handling of our processes and/or the provision of a service, it is sometimes necessary to transfer your personal data to third parties (e.g. third-party providers or subcontractors). The data passed on to third parties will be used by them exclusively for the fulfilment of their obligations or tasks. We have assured them of our compliance with the provisions of the DS-GVO. Data will only be transferred to state institutions or authorities within the scope of mandatory national legal provisions.