Privacy Policy

1. Responsible party

Data processing on this website is carried out by the website operator

FUCHS Europoles GFK GmbH
Ingolstaedter Strasse 51
92318 Neumarkt, Germany
Phone +49 (9181) 896-0
Email auftragsannahme.gfk@fuchs-soehne.de

The responsible party is the natural or juridical person who alone or with others decides about the purposes and means of processing of personal data (e.g. names, email addresses or similar).

You can reach our data protection officer via the following contact data:

Thomas Wanjura 
Projekt 29 GmbH & Co. KG 
Ostengasse 14 
93047 Regensburg 
Tel.: +49 941 29 86 93 0 
Fax: +49 941 29 86 93 16 
E-Mail: anfragen@projekt29.de 
und datenschutz@fuchs-soehne.de

2. Processing of personal data

2.1. Principles
‘Personal data’ means all information about the factual or personal circumstances of an identified or identifiable natural person. It includes, for example, names, addresses, telephone numbers, email addresses, contract and billing data etc.
We collect, process and use personal data only insofar as is necessary for the establishment, structuring or modification of the legal relationship (basic data). This takes place on the basis of Article 6(1)(b) of the General Data Protection Regulation (GDPR) which allows processing of data for performance of a contract or taking of steps prior to conclusion of a contract. We only collect, process and use personal data about the use of our webpages (usage data) insofar as is necessary to enable the user to use the service or to bill the user for use of the service. The collected customer data are deleted upon completion of the contract or ending of the business relationship. Legal retention requirements remain unaffected.
We use the so-called double opt-in procedure for sending our newsletter, meaning we will only send you a newsletter by email if you first explicitly confirm that we should activate the newsletter service. We will then send you a confirmation email asking you to confirm that you wish to receive our newsletter by clicking on a link contained in the email. If you wish to stop receiving newsletters from us, you can withdraw your consent at any time without incurring any costs other than the transmission costs according to the basic rates. Communicating this in text form (e.g. by email, fax or letter) to the contact referred to in Section 1 is sufficient. You can also use the unsubscribe link which is found in every newsletter.

2.2. Cookies
The webpages use so-called cookies in part. Cookies do not harm your computer and do not contain any viruses. Cookies serve to make our offering more user-friendly, effective and secure. Cookies are small text files that are placed on your computer and saved by your browser.
Most of the cookies we use are ‘session cookies’. These cookies are automatically deleted after your visit. Other cookies remain stored on your device until you delete them. These cookies allow us to recognise your browser the next time you visit. You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, refuse cookies in specific cases or in general, or activate automatic deletion of cookies when you close the browser. If you disable cookies, you may not be able to use all of the features of our website.
Cookies necessary for carrying out the electronic communication process or for preparing certain functions desired by you (e.g. shopping basket function) are saved on the basis of Art. 6(1)(f) of the GDPR. The website operator has a legitimate interest in saving cookies for technically error-free and optimised provision of services. Any other cookies (e.g. cookies for analysis of your surfing behaviour) that are saved are treated separately in this privacy policy.

 

2.3. Contact form
If you send us enquiries using the contact form, your information from this contact form including the contact data provided by you there is saved by us for the purpose of processing of the enquiry and for the case that we have follow-up questions. We do not pass on these data without your consent. Processing of the data entered in the contact form hence takes place solely on the basis of your consent (Art. 6(1)(a) of the GDPR). You can withdraw this consent at any time. To do so just send a formless message to us by email. The lawfulness of the data processing operations carried out up to the time of withdrawal remains unaffected by the withdrawal. The data entered in the contact form by you remain with us until you request us to delete them, you withdraw your consent to storage or the purpose for saving the data becomes invalid (e.g. after your enquiry has been processed). Mandatory legal provisions – in particular pertaining to retention periods – remain unaffected.

2.4. Log files
Every time the pages of FUCHS Europoles GFK are accessed usage data are transmitted by the respective browser and saved in server log files. The data records saved in the process contain the following data: date and time of retrieval, name of retrieved page, IP address, referrer URL (URL from which you arrived at the webpages), transferred data volume, and product and version information for the browser. These data are not merged with other data sources. Collection of these data takes place on the basis of Art. 6(1)(f) of the GDPR. The website operator has a legitimate interest in technically error-free display and optimisation of the website – the server log files must be obtained for this purpose.

2.5. SSL encryption
This site uses SSL encryption for security reasons and for protection during transmission of confidential content such as the newsletter form or enquiries you send to us as site operators. You can recognise an encrypted connection by the switch from ‘http://’ to ‘https://’ in the address bar of the browser and by the padlock icon in your browser status bar. If SSL encryption is active the data you transmit to us cannot be read by third parties.

2.6. Access, blocking, erasure and rectification
Within the scope of the applicable legal provisions you have at all times the right to receive free information about the personal data saved about you, the origin and recipient of these data and the purpose of data processing and if necessary a right to rectification, blocking or erasure of these data.

2.6.1.      Right to restriction of processing
You have the right to demand the restriction of processing of your personal data. For this purpose you can contact us at any time at the address given in the legal information section. The right to restriction of processing exists in the following cases:

  • If you question the accuracy of the personal data saved by us we normally require time to verify this. You have the right to demand the restriction of processing of your personal data for the duration of the examination.
  • If processing of your personal data took place or is taking place unlawfully you can demand the restriction of data processing rather than erasure.
  • If we no longer need the data, but you require them for exercising, defence or assertion of legal claims, you have the right to demand the restriction of processing, rather than erasure, of your personal data.
  • If you have filed an objection in accordance with Art. 21(1) of the GDPR balancing of your and our interests must occur. As long as it is not yet clear whose interests are overriding, you have the right to demand the restriction of processing of your personal data.
  • If you have restricted the processing of your personal data, these data may – apart from being saved – only be processed with your consent or for the assertion, exercising or defence of legal claims or for the protection of the rights of another natural or juridical person or for reasons of an important public interest of the European Union or a Member State.

2.6.2. Objection to advertising emails
The use for the purpose of sending unsolicited advertising and informational materials of contact data published within the scope of the obligation to provide legal information is herewith objected to. The site operators expressly reserve the right to take legal action in the event of unsolicited sending of advertising information, for example through spam emails.

2.6.3. Withdrawal of your consent to data processing
Many data processing operations are only possible with your explicit consent. You can withdraw your granted consent at any time. To do so just send a formless message to us by email. The lawfulness of any data processing that has already occurred up to the time of withdrawal remains unaffected by the withdrawal.

2.6.4.      Right to object to data collection in special cases as well as to direct advertising (Art. 21 of the GDPR)
If data processing takes place on the basis of Art. 6(1)(e) or 6(1)(f) of the GDPR you have the right to object to processing of your personal data at any time for reasons arising from your particular situation; this also applies to profiling based on these provisions. The respective legal basis for processing can be found in this privacy policy. If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for processing that override your interests, rights and freedoms or the processing serves towards establishing, exercising or defending of legal claims (objection in accordance with Art. 21(1) of the GDPR).
If your personal data are processed for direct advertising you have the right to object to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling if it is connected to direct advertising. If you object, your personal data will then no longer be used for the purpose of direct advertising (objection in accordance with Art. 21(2) of the GDPR).

3. Obligation to provide personal data

Insofar as there is a contract between FUCHS Europoles GFK and you, you must provide the personal data which are necessary for the establishment, performance and ending of the contract and the fulfilment of the associated contractual obligations or which we are legally obligated to collect. If these data are not provided, we will usually not be able to conclude a contract with you or to perform and end the contract. Insofar as data processing within the scope of use of this website is not necessary for the establishment, performance and ending of a contract or for fulfilment of contractual obligations and is also not legally prescribed, provision of your data is voluntary. Please note that if you do not provide the necessary data, you may not be able to use certain features of the website or services.

4. Transfer of data

We will only transmit your personal data to other responsible parties insofar as it is necessary for the performance of the contract, the third party or we have a legitimate interest in the transfer or we have your consent to do so. Third parties can also be subsidiaries of FUCHS Europoles GFK.
Beyond that, data can be transmitted to other responsible parties insofar as we are obligated to do so due to legal provisions or by an enforceable official or court order.
Insofar as there is a contract between FUCHS Europoles GFK and you, you must provide the personal data which are necessary for the establishment, performance and ending of the contract and the fulfilment of the associated contractual obligations or which we are legally obligated to collect. If these data are not provided, we will usually not be able to conclude a contract with you or to perform and end the contract.Insofar as data processing within the scope of use of this website is not necessary for the establishment, performance and ending of a contract or for fulfilment of contractual obligations and is also not legally prescribed, provision of your data is voluntary. Please note that if you do not provide the necessary data, you may not be able to use certain features of the website or services.

4.1. External service providers
We commission external service providers with tasks such as sales and marketing services, programming and data hosting. We have selected these service providers carefully and monitor them on a regular basis, in particular with respect to their careful handling and safeguarding of the data stored by them. All service providers are obligated by us to maintain confidentiality and adhere to legal requirements.

4.2. Right to lodge a complaint with the responsible supervisory authority
In the event of violation of the GDPR, the data subject has the right to lodge a complaint with a supervisory authority, in particular in the Member State in which the data subject habitually resides, his or her place of work or the place in which the alleged violation occurred. This is:

Bayerisches Landesamt fuer Datenschutzaufsicht (BayLDA)
Promenade 27
91522 Ansbach, Germany
Phone +49 981 53 1300
Fax +49 981 53 98 1300
Email poststelle@lda.bayern.de

The right to lodge a complaint exists without prejudice to any other administrative or judicial remedies.

4.3. Right to data portability
You have the right to have data which we process in an automated manner on the basis of your consent or for performance of a contract handed out to you or a third party in a standard machine-readable format. If you demand direct transmission of the data to another responsible party, this will only occur as far as is technically possible.

5. Analysis tools and advertising

5.1. Google Analytics
This website uses features of the Google Analytics web analysis service. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics uses so-called cookies. These are text files saved on your computer to enable analysis of your use of the website. The information on your use of this website generated by the cookie is usually transferred to and saved on a Google server in the US.
Saving of Google Analytics cookies and use of this analysis tool take place on the basis of Art. 6(1)(f) of the GDPR. The website operator has a legitimate interest in analysing user behaviour in order to optimise both the website and the advertising.

5.1.1. IP anonymisation
We use Google Analytics solely with activated IP anonymisation. This means that users’ IP addresses are truncated by Google within the Member States of the European Union or other contracting parties to the European Economic Area prior to being transmitted to the US. Through this, your IP address is truncated by Google within the Member States of the European Union or other contracting parties to the European Economic Area prior to being transmitted to the US. Only in exceptional cases is the complete IP address transmitted to a Google server in the US and truncated there. Google uses this information on behalf of the operator of this website to evaluate your use of the website in order to compile reports about the website activities and to provide additional services related to use of the website and the internet to the website operator. The IP address transmitted by your browser within the scope of Google Analytics is not merged with other data by Google.

5.1.2. Browser plugins
You can prevent the storage of cookies by making the appropriate setting in your browser; however, in this case, you may not be able to use the full functionality of this website. You can also prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) for Google as well as the processing of these data by Google by downloading and installing the browser plugin available under the following link: browser add-on for deactivation of Google Analytics

5.1.3.      Objection to data collection
You can prevent the collection of your data by Google Analytics by clicking on the following link which causes an opt-out cookie that prevents the collection of your data upon future visits to this website to be set: deactivate Google Analytics.
More information on the handling of user data by Google Analytics can be found in Google’s privacy policy .

5.1.4.      Contract data processing
We have concluded a contract for data processing with Google and fully comply with the strict requirements of the German data protection authorities in the use of Google Analytics.

5.2.  Google AdWords and Google conversion tracking
This website uses Google AdWords. AdWords is an online advertising programme provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (‘Google’).
We use so-called conversion tracking within the context of Google AdWords. If you click on an ad placed by Google a cookie is set for conversion tracking. Cookies are small text files that the browser places on the user’s computer. These cookies expire after 30 days and are not used for personal identification of users. If the user visits certain pages on this website and the cookie has not yet expired, Google and we can recognise that the user clicked on the ad and was directed to this page.
Each Google AdWords customer receives a different cookie. Cookies cannot be tracked via the websites of AdWords customers. The information gathered using the conversion cookie is used to generate conversion statistics for AdWords customers who have opted for conversion tracking. Each of the customers obtains information about the total number of users who clicked on the customer’s ad and were directed to a page with a conversion tracking tag. However, the customers do not receive any information allowing them to identify users personally. If you do not wish to participate in the tracking process, you can easily reject this use by deactivating the placing of the Google conversion tracking cookie via your browser user settings. You are then not included in the conversion tracking statistics. Saving of conversion cookies and use of this tracking tool take place on the basis of Art. 6(1)(f) of the GDPR. The website operator has a legitimate interest in analysing user behaviour in order to optimise both the website and the advertising.
More information on Google AdWords and Google conversion tracking can be found in Google’s privacy policy.
You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, refuse cookies in specific cases or in general, or activate automatic deletion of cookies when you close the browser. If you disable cookies, you may not be able to use all of the features of our website.

6.      Newsletter

6.1. Newsletter data
If you would like to receive the newsletter offered on the website we need you to provide an email address as well as information permitting us to verify that you are the owner of the specified email address and that you agree to receive the newsletter. Further data are not collected, or are only collected on a voluntary basis. We use such data solely for sending the requested information and do not pass them on to third parties. Processing of the data entered in the newsletter registration form takes place solely on the basis of your consent (Art. 6(1)(a) of the GDPR). At any time you can withdraw your granted consent for saving of the information and the email address as well as use of these data for sending the newsletter, for example via the ‘Unsubscribe’ link in the newsletter. The lawfulness of any data processing operations that have already occurred remains unaffected by the withdrawal. The data you submit to us for the purpose of receiving the newsletter will be saved by us until you unsubscribe from the newsletter and deleted after you unsubscribe from the newsletter. Data which we have saved for other purposes remain unaffected by this.

6.2. MailChimp
This website uses the services of MailChimp for sending our spun concrete newsletters. The provider is Rocket Science Group LLC, 675 Ponce De Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA. MailChimp is a service for organising and analysing the sending of newsletters, amongst other things. When you enter data (e.g. email address) for the purpose of receiving the newsletter, these data are saved on the MailChimp servers in the US.
MailChimp is certified under the EU–US Privacy Shield Framework. The Privacy Shield Framework between the European Union (EU) and the US is intended to ensure that European data protection standards are complied with in the US.
With the help of MailChimp we can analyse our newsletter campaigns. When you open an email sent via MailChimp a file (so-called web beacon) contained in the email connects to the MailChimp servers in the US. In this way it can be determined whether a newsletter message was opened and which links were clicked on, if any. Technical information (e.g. time of retrieval, IP address, browser type and operating system) is also recorded. This information cannot be assigned to the respective newsletter recipient. It serves solely towards statistical analysis within the scope of newsletter campaigns. The results of these analyses can be used for better adapting future newsletters to the interests of recipients.
You must unsubscribe to the newsletter if you do not wish to have analysis carried out by MailChimp. We provide a corresponding link for this in every newsletter message. You can also unsubscribe to the newsletter directly on the website.
Data processing takes place on the basis of your consent (Art. 6(1)(a) of the GDPR). You can withdraw this consent at any time by unsubscribing to the newsletter. The lawfulness of any data processing operations that have already occurred remains unaffected by the withdrawal. The data you submit to us for the purpose of receiving the newsletter will be saved by us until you unsubscribe from the newsletter and deleted both from our servers and from the MailChimp servers after you unsubscribe from the newsletter. Data which we have saved for other purposes remain unaffected by this.
Details can be found in the data protection provisions of MailChimp.

Conclusion of a data processing agreement
We have concluded with MailChimp a so-called data processing agreement in which we obligate MailChimp to protect the data of our customers and not pass them on to third parties. This agreement can be viewed under the following link: mailchimp.com/legal/forms/data-processing-agreement/sample-agreement/.

 6.3. Clever Reach
This website uses CleverReach for sending newsletters. The provider is CleverReach GmbH & Co. KG, Muehlenstr. 43, 26180 Rastede, Germany. CleverReach is a service for organising and analysing the sending of newsletters. The data you enter for the purpose of receiving the newsletter (e.g. email address) are saved on CleverReach servers in Germany or Ireland.The newsletters we send with CleverReach enable us to analyse the behaviour of newsletter recipients. Amongst other things, the number of recipients who opened the newsletter message and the number of times specific links in the newsletter were clicked on can be analysed. With the help of so-called conversion tracking, whether a previously definition action (e.g. purchase of a product on our website) took place after a link was clicked on in the newsletter can also be analysed. More information on data analysis through the CleverReach newsletter.

Data processing takes place on the basis of your consent (Art. 6(1)(a) of the GDPR). You can withdraw this consent at any time by unsubscribing to the newsletter. The lawfulness of any data processing operations that have already occurred remains unaffected by the withdrawal.
You must unsubscribe to the newsletter if you do not wish to have analysis carried out by CleverReach. We provide a corresponding link for this in every newsletter message. 
The data you submit to us for the purpose of receiving the newsletter will be saved by us until you unsubscribe from the newsletter and deleted both from our servers and from the CleverReach servers after you unsubscribe from the newsletter. Data which we have saved for other purposes remain unaffected by this.
Details can be found in the data protection provisions of CleverReach.

Conclusion of a contract for data processing
We have concluded a contract for data processing with CleverReach and fully comply with the strict requirements of the German data protection authorities in the use of CleverReach.

7.      Plugins and tools

7.1. YouTube with enhanced privacy
Our website uses plugins from the YouTube website. The operator of the webpages is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. We use YouTube in the privacy-enhanced mode. According to YouTube, this mode causes YouTube to not save information about the visitors to this website before they watch the video. However, sharing of data with YouTube partners is not necessarily ruled out through the privacy-enhanced mode. YouTube establishes a connection to the Google DoubleClick network – irrespective of whether you watch a video.
As soon as you start a YouTube video on our website a connection to the YouTube servers is established. In the process the YouTube server is informed of which of our pages you visited. If you are logged into your YouTube account, you enable YouTube to assign your surfing behaviour directly to your personal profile. You can prevent this by logging out of your YouTube account.YouTube can also save various cookies on your device after you start a video. With the help of these cookies YouTube can receive information about visitors to our website. This information is used to obtain video statistics, improve usability and prevent fraud, amongst other things. The cookies remain on your device until you delete them.
After you start a YouTube video other data processing operations which we have no control over may be triggered.
YouTube is used in the interest of attractively presenting our online offerings. This represents a legitimate interest in the sense given in Art. 6(1)(f) of the GDPR.
More information on data protection on YouTube can be found in the YouTube privacy policy.

7.2. Google Maps
This site uses the Google Maps map service via an API. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. For you to be able to use the features of Google Maps, your IP address must be saved. This information is usually transferred to and saved on a Google server in the US. The provider of this site has no influence over this data transmission. Google Maps is used in the interest of attractively presenting our online offerings and making it easy to find the locations specified by us on the website. This represents a legitimate interest in the sense given in Art. 6(1)(f) of the GDPR.
More information on handling of user data can be found in Google’s privacy policy.

8. Changes to the privacy policy

We reserve the right to change our security and data protection measures insofar as is necessary due to technical developments. In these cases we will also adapt our privacy policy accordingly. Hence, please always observe the latest version of our privacy policy.

March 2020