CONTACT

Privacy Policy

Responsible for the processing of personal data within the meaning of the EU General Data Protection Regulation (DSGVO)

 

FUGENIAL GmbH

Managing Director: Andrè Waldenburger, Janine Waldenburger

Wolfshain 1, 07937 Zeulenroda-Triebes

Telephone: +49 8024 4757370

E-mail: info@fugenial.de

 

Data protection officer

Andrè Waldenburger

Wolfshain 1, 07937 Zeulenroda-Triebes

Phone: +49 8024 4757370

E-mail: info@fugenial.de

 

2 General

This privacy policy complies with the legal requirements for transparency in the processing of personal data. This is any information relating to an identified or identifiable natural person. This includes, for example, information such as your name, address, telephone number, e-mail address. Information for which we cannot (or only with a disproportionate effort) establish a reference to your person, e.g. by anonymisation, is not personal data. The processing of personal data (e.g. collection, retrieval, use, storage or transmission) always requires a legal basis and a defined purpose.

Stored personal data are deleted as soon as the purpose of the processing has been achieved and there are no legitimate grounds for further storage of the data. We inform you about the specific storage periods or criteria for storage in the individual processing operations. Irrespective of this, we store your personal data in individual cases for the assertion, exercise or defence of legal claims and if there are statutory retention obligations.

 

3 Information according to Art. 13 DSGVO

This information is intended for customers, interested parties, suppliers and employees. We process your personal data for the following purposes:

To fulfil our contractual obligations to you (Art. 6 para. 1 lit. b DSGVO).

To carry out pre-contractual obligations (Art. 6 para. 1 lit. b DSGVO).

To respond to enquiries (Art. 6 para. 1 lit. b DSGVO).

If you have given us your consent to process your personal data for certain purposes (e.g. to receive our newsletter), the data will be processed on the basis of your consent (Art. 6 para. 1 lit. a DSGVO). To comply with legal obligations to which our company is subject (Art. 6 para. 1 lit. c DSGVO). To the extent necessary, we also process your data to protect our legitimate interests, in particular to assert legal claims and defend ourselves in legal disputes or to ensure IT security, to consult and exchange data with credit agencies to determine creditworthiness and default risks, for direct advertising and market research insofar as you have not objected to the use of your data for this purpose, for measures to manage business and further develop services and products, for measures to optimise products and sales, for measures to manage risk, to prevent or investigate criminal offences (Art. 6 para. 1 lit. f DSGVO).

 

4 Categories of recipients of personal data

Within our company, only those employees have access to the data who absolutely need it to perform their tasks (need-to-know principle). Individual processes and services are carried out by carefully selected service providers who are based within the EEA and who comply with data protection regulations. If service providers commissioned by us receive access to personal data when performing your services, order processing agreements have been concluded with them in accordance with Art. 28 (3) DSGVO.

 

 5 Duration of data storage

The data processed by us is stored for the duration of the existence and processing of the contractual relationship and in compliance with statutory retention periods. These are, in particular, retention obligations under commercial and tax law in accordance with the German Commercial Code (HGB) and the German Fiscal Code (AO). The regular retention and documentation periods are up to ten years. If there is no contractual relationship, we only process the data for as long as the specific purpose requires.

 

6 Your data subject rights

As a data subject, you have the following rights with regard to the personal data concerning you vis-à-vis us:

  • Right to information about the data we process relating to you.
  • Right to rectification or deletion if it is incorrect, out of date or has been unlawfully collected by us.
  • Right to restriction of processing if complete deletion is not possible, e.g. because we have to comply with legal retention obligations.
  • Right to object to processing insofar as the data processing is based on a balancing of interests (the so-called legitimate interest), as described above under "Purpose of processing". This is the case if the processing is not necessary, in particular, for the performance of a contract with you. When exercising your right to object, we ask you to explain the reasons why we should not process your data as we have done.

Of course, you can also object to the processing of your personal data for advertising purposes at any time. To do so, send your objection to our address given in the imprint or write us an e-mail to info@fugenial.de.

As a data subject, you have the following rights with regard to the personal data concerning you:

  • Right to information about the data we have processed about you.
  • Right to rectification or deletion, insofar as this data is incorrect, not up to date or has been unlawfully collected by us.
  • Right to restriction of processing if complete deletion is not possible, e.g. because we have to comply with statutory retention obligations.
  • Right to object to processing insofar as the data processing is based on a balancing of interests (the so-called legitimate interest), as described above under "Purpose of processing". This is the case if the processing is not necessary, in particular, for the performance of a contract with you. When exercising your right to object, we ask you to explain the reasons why we should not process your data as we have done.
  • Of course, you can also object to the processing of your personal data for advertising purposes at any time. To do so, send your objection to our address given in the imprint or write us an e-mail to info@fugenial.de.
  • Right of revocation if you have given us consent to process your data. You can assert your right of revocation against our company at any time without giving reasons. To do so, please contact us at the address given in the imprint.
  • In addition, you have the right to complain to a data protection supervisory authority about the processing of your personal data by our company.
  • If you have any questions about data protection, please contact us by e-mail at the address given in the imprint.

 

7 Your rights

Under the conditions of the statutory provisions of the General Data Protection Regulation (GDPR), you have the following rights as a data subject:

  • Information pursuant to Art. 15 DSGVO about the data stored about you in the form of meaningful information about the details of the processing as well as a copy of your data;
  • Correction pursuant to Art. 16 DSGVO of incorrect or incomplete data stored by us;
  • Erasure pursuant to Art. 17 DSGVO of the data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims;
  • Restriction of processing pursuant to Art. 18 DSGVO, insofar as the accuracy of the data is disputed, the processing is unlawful, we no longer need the data and you object to their deletion because you need them for the assertion, exercise or defence of legal claims or you have objected to the processing pursuant to Art. 21 DSGVO.
  • Data portability pursuant to Art. 20 DSGVO, insofar as you have provided us with personal data within the scope of consent pursuant to Art. 6 Para. 1 lit. a DSGVO or on the basis of a contract pursuant to Art. 6 Para. 1 lit. b DSGVO and these have been processed by us with the aid of automated procedures. You will receive your data in a structured, common and machine-readable format or we will transfer the data directly to another responsible party, insofar as this is technically feasible.
  • Objection pursuant to Art. 21 DSGVO against the processing of your personal data, insofar as this is carried out on the basis of Art. 6 Para. 1 lit. e, f DSGVO and there are reasons for this which arise from your particular situation or the objection is directed against direct advertising. The right to object does not exist if overriding compelling legitimate grounds for the processing can be demonstrated or the processing is carried out for the assertion, exercise or defence of legal claims. Where the right to object does not exist for individual processing operations, this is indicated there.
  • Revocation pursuant to Article 7 (3) of the DSGVO of your consent with effect for the future.
  • Complaint pursuant to Art. 77 of the DSGVO to a supervisory authority if you are of the opinion that the processing of your personal data violates the GDPR. As a rule, you can contact the supervisory authority of your usual place of residence, your place of work or our company headquarters.

 

8 Data processing in detail

In the following, we inform you about the individual processing operations, the scope and purpose of the data processing, the legal basis, the obligation to provide your data and the respective storage period. An automated decision in individual cases, including profiling, does not take place.

 

9 Provision of the website

When you call up and use our website, we collect the personal data that your browser automatically transmits to our server. The following information is temporarily stored in a so-called log file:

  • IP address of the requesting computer
  • Date and time of access
  • Name and URL of the file accessed
  • Website from which access was made (referrer URL)
  • Browser used and, if applicable, the operating system of your computer, as well as the name of your access provider.

Our website is not hosted by ourselves, but by a service provider who processes the aforementioned data on our behalf in accordance with Art. 28 DSGVO for the purpose of providing the website.

The hoster is used for the purpose of fulfilling the contract with our potential and existing customers (Art. 6 para. 1 lit. b DSGVO) and in the interest of a secure, fast and efficient provision of our online offer by a professional provider (Art. 6 para. 1 lit. f DSGVO).

We use the following hoster:
checkdomain GmbH
Große Burgstraße 27/29
DE-23552  Lübeck

 

10 Contact form

Type and scope of processing

If you send us enquiries (e.g. by contact form, e-mail or telephone), we store all data resulting from this (e.g. name, e-mail address, subject of the enquiry, etc.). We need this data to process your enquiry and to be able to answer follow-up questions. We do not pass on this data without your consent.

 

Purpose and legal basis

The processing of this data is based on Art. 6 (1) lit. b DSGVO if your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. Otherwise, the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art. 6 (1) (f) DSGVO) or on your consent (Art. 6 (1) (a) DSGVO) if you have given it beforehand.

 

Storage period

The data you enter in the contact form will remain with us until you request us to delete it, revoke your consent to store it or the purpose for storing the data no longer applies (e.g. after we have completed processing your enquiry). Mandatory legal provisions - in particular retention periods - remain unaffected.

 

11 Sending of promotional mails

If you have provided us with your e-mail address with an enquiry or order, we reserve the right to send you offers by e-mail for similar products to those you have already purchased from our range. Furthermore, we will send you a one-time request for a shop and product evaluation. In accordance with § 7 para. 3 UWG, no separate consent is required for this. In this respect, the data processing is carried out solely on the basis of our legitimate interest in personalised direct advertising in accordance with Art. 6 para. 1 lit. f DSGVO. You can object to the use of your e-mail address for individual or all measures at any time for future mailings. We will then no longer send such mailings. Please send your objection to info@fugenial.de. You will only incur transmission costs in accordance with the basic rates.

 

12 Registration of a customer account

Process customer and contract data

We collect, process and use your personal data only insofar as they are necessary for the establishment, amendment or fulfilment of a legal relationship. This is done for the fulfilment of a contract or pre-contractual measures according to Art. 6 para. 1 lit. b DSGVO.

The collected customer data is deleted after completion of the order or termination of the business relationship. Legal retention periods remain unaffected.

 

Data transmission upon conclusion of a contract for online shops, traders and dispatch of goods

We only transmit personal data if this is necessary for the processing of the contract, for example to shipping service providers or the credit institution commissioned with the processing of payments. Any further transmission of data will not take place or will only take place if you have expressly consented to the transmission.

The basis for data processing is the fulfilment of a contract or pre-contractual measures in accordance with Art. 6 Para. 1 lit. b DSGVO.

Consent of the recipient to the disclosure of his personal data (dispatch notifications)

☐ Yes, I agree that FUGENIAL GmbH may transfer my personal data to Deutsche Post DHL Group for the purpose of shipping notifications until revoked.

 

13 Presence on social media platforms

Data processing by social networks

We operate publicly accessible profiles on social networks. The individual social networks we use are listed below.

Social networks such as Facebook, Twitter etc. can generally analyse your user behaviour extensively. By visiting our social media presences, the following data protection-relevant processing operations are triggered:

  • If you are logged into your social media account and visit our profile, the operator of this social medium can track this visit. Independently of this, the operator may also process your data (e.g. IP address) under certain circumstances if you are not logged into your account or you do not have an account at all.
  • The operator summarises this data in user profiles in which your preferences and interests are stored. These profiles are used for the placement of personalised advertising within and outside the respective social media presence. If you have an account with the respective social network, the personalised advertising may be displayed on all devices on which you are or were logged in.
  • Depending on the platform, further processing operations may be carried out by the operators of the social media portals; we have no influence on this. For details, please refer to the terms of use and data protection provisions of the respective social media portals.

 

Legal basis

Our social media presences are intended to ensure the most comprehensive presence possible on the Internet within the meaning of Art. 6 (1) lit. f DSGVO. The analysis processes carried out by the operators of the social networks may be based on different legal bases, which are to be specified by the respective providers.

Responsible person and assertion of rights

If you visit one of our social media sites (e.g. Facebook), we are jointly responsible with the operator of the social media platform for the data processing operations triggered during this visit. In principle, you can assert your rights (information, correction, deletion, restriction of processing, data portability and complaint) both vis-à-vis us and vis-à-vis the operator of the respective social media portal (e.g. Facebook).

Despite the joint responsibility with the social media portal operators, we have no full influence on the data processing operations of the portals. Our options are largely determined by the corporate policy of the respective provider.

Storage period

The data collected directly by us via the social media presence will be deleted from our systems as soon as you request us to delete it, revoke your consent to store it or the purpose for storing the data no longer applies. Mandatory legal provisions - in particular retention periods - remain unaffected.

We have no influence on the storage period of the data collected by the social networks. For details, please contact the operators of the social networks directly (e.g. in their privacy policy, see below).

Facebook-Page

We have a profile on Facebook. The provider of this service is Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. The data collected is also transferred to the USA and other third countries.

We have entered into a Joint Processing Agreement (Controller Addendum) with Facebook which sets out which data processing operations we or Facebook are responsible for. You can view this agreement at the following link: https://www.facebook.com/legal/terms/page_controller_addendum.

You can adjust your advertising settings yourself in your user account. To do so, click on the following link and log in: https://www.facebook.com/settings?tab=ads.

Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.facebook.com/legal/EU_data_transfer_addendum and https://de-de.facebook.com/help/566994660333381.

LinkedIn-Page

We have a profile on LinkedIn. The provider is LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland. LinkedIn uses advertising cookies.

If you would like to deactivate LinkedIn advertising cookies, please use the following link: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.

Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.linkedin.com/legal/l/dpa and https://www.linkedin.com/legal/l/eu-sccs.

For details on their handling of your personal data, please refer to LinkedIn's privacy policy: https://www.linkedin.com/legal/privacy-policy.

XING-Page

We have a profile on XING. The provider is New Work SE, Dammtorstraße 30, 20354 Hamburg, Germany. Details on how they handle your personal data can be found in the XING privacy policy: https://privacy.xing.com/de/datenschutzerklaerung.

 

14 Videoconferencing

Data processing

We use online conferencing tools to communicate with our clients. The specific tools we use are listed below. When you communicate with us via video or audio conferencing, your personal data is collected and processed by us and the provider of the relevant tool.

The tools collect the data you provide, including your email address and phone number. They also process the duration of the conference, when you joined the conference, number of participants and other metadata.

In addition, the provider of the tool processes all technical data required to run the conference. This includes in particular IP addresses, MAC addresses, device IDs, device type, perating system type and version, client version, camera type, microphone or loudspeaker and the type of connection.

When you share content in this service, it is stored on the providers' servers. This includes cloud recordings, chat messages, voice messages and photos and videos you have shared while using this service.

Please note that we do not have full influence on the data processing procedures of the tools used. For further information on data processing by the conference tools, please refer to the data protection declarations of the respective tools used.

Purpose and legal basis

The conference tools are used to communicate with prospective or existing contractual partners or to offer certain services to our customers (Art. 6 para. 1 lit. b DSGVO). Furthermore, the use of the tools serves the general simplification and acceleration of communication with us or our company (legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO). If you have previously given your consent to data processing, your data will be processed solely on the basis of Art. 6 para. 1 lit. a DS-GVO; your consent can be revoked at any time.

 

Storage period

The data collected directly by us via the video and conference tools is deleted from our systems as soon as you request us to delete it, revoke your consent to store it or the purpose for storing the data no longer applies. Stored cookies remain on your terminal device until you delete them. Mandatory legal retention periods remain unaffected.

We have no influence on the storage period of your data, which is stored by the operators of the conference tools for their own purposes. For details, please contact the operators of the conference tools directly.

 

15 Conference tools used

We use the following tools for video conferencing:

Microsoft Teams

We use Microsoft Teams. The provider is Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA. For details on data processing, please refer to the Microsoft Teams privacy policy: https://privacy.microsoft.com/de-de/privacystatement.