We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the FORTecH Software GmbH. The use of the Internet pages of the FORTecH Software GmbH is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. However, if a person concerned wishes to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the FORTecH Software GmbH. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this privacy policy.
As the controller, the FORTecH Software GmbH has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
1. Definitions
The data protection declaration of the FORTecH Software GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.
We use the following terms, among others, in this privacy policy
(a) Personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter referred to as the data subject). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject
Data subject is any identified or identifiable natural person whose personal data is processed by the controller.
c) Processing
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of restricting its future processing.
e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing
The controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
h) Processor
A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
i) Recipient
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular enquiry in accordance with Union or Member State law shall not be regarded as recipients.
j) Third party
A third party is a 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 processor, are authorised to process the personal data.
k) Consent
Consent is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and address of the controller responsible for processing
The controller within the meaning of the General 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
FORTecH Software GmbH
Tannenweg 22m
18111 Rostock
Germany
Phone: +49 (0) 381 496800 - 0
E-mail: privacy@fortech.de
Website: www.fortech.de
3. Cookies
The Internet pages of the FORTecH Software GmbH use cookies. Cookies are text files that are placed and stored on a computer system via an Internet browser.
Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string that allows websites and servers to be assigned to the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognised and identified via the unique cookie ID.
Through the use of cookies, the FORTecH Software GmbH can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.
Cookies can be used to optimise the information and offers on our website for the benefit of the user. As already mentioned, cookies enable us to recognise the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter their access data each time they visit the website because this is taken over by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping basket in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping basket via a cookie.
The data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programmes. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.
4. Collection of general data and information
The website of the FORTecH Software GmbH collects a series of general data and information when a data subject or automated system calls up the website. This general data and information is stored in the server log files. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites which are accessed via an accessing system on our website can be recorded, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system and (8) other similar data and information used for security purposes in the event of attacks on our information technology systems.
When using these general data and information, the FORTecH Software GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimise the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the FORTecH Software GmbH analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. Contact possibility via the website
The website of the FORTecH Software GmbH contains information that enables a quick electronic contact to our enterprise, 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 on a voluntary basis by a data subject to the controller are stored for the purposes of processing or contacting the data subject. This personal data is not passed on to third parties.
6. Routine erasure and blocking of personal data
The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or erased in accordance with the statutory provisions.
7. Rights of the data subject
a) Right to confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Right to information
Any person affected by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain information free of charge at any time from the controller about the personal data stored about him/her and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:
Furthermore, the data subject has a right to information as to whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
c) Right to rectification
Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to demand the immediate correction of incorrect personal data concerning them. Furthermore, taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (right to be forgotten)
Any person affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and insofar as the processing is not necessary:
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the FORTecH Software GmbH, he or she may, at any time, contact any employee of the controller. An employee of FORTecH Software GmbH shall promptly ensure that the erasure request is complied with immediately.
If the personal data have been made public by the FORTecH Software GmbH and our company as the controller is obliged pursuant to Article 17(1) of the GDPR to erase the personal data, the FORTecH Software GmbH shall implement reasonable measures, including technical measures, taking into account the available technology and the cost of implementation, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the FORTecH Software GmbH will arrange the necessary measures in individual cases.
e) Right to restriction of processing
Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to require the controller to restrict the processing if one of the following conditions is met:
If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by FORTecH Software GmbH, he or she may contact an employee of the controller at any time. The employee of FORTecH Software GmbH will arrange the restriction of processing.
f) Right to data portability
Every data subject shall have the right granted by the European legislator to receive the personal data concerning him or her, which was made available to a controller, in a structured, common and machine-readable format. He or she also has the right to transmit these data to another controller without hindrance from the controller to whom the personal data was made available, provided that the processing is based on consent pursuant to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR or on a contract pursuant to Art. 6 (1) (b) GDPR and the processing is carried out using 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, in exercising his or her right to data portability pursuant to Art. 20 (1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.
To assert the right to data portability, the data subject may contact any employee of FORTecH Software GmbH at any time.
g) Right to object
Any person affected by the processing of personal data has the right granted by the European legislator to object at any time to the processing of personal data concerning him or her based on Art. 6 (1) e) or f) GDPR, for reasons related to his or her particular situation. This also applies to profiling based on these provisions.
FORTecH Software GmbH will no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If FORTecH Software GmbH processes personal data in order to conduct direct advertising, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is related to such direct advertising. If the data subject objects to FORTecH Software GmbH processing for direct marketing purposes, FORTecH Software GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, for reasons related to his or her particular situation, to object to processing of personal data concerning him or her by FORTecH Software GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89(1) GDPR, unless such processing is necessary to perform a task carried out for reasons of public interest.
To exercise the right to object, the data subject may contact any employee of FORTecH Software GmbH or another employee directly. The data subject is also free to exercise his or her right of objection by automated means using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.
h) Automated decisions in individual cases, including profiling
Every person affected by the processing of personal data has the right granted by the European legislator not to be subjected to a decision based solely on automated processing – including profiling – which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is permitted by Union or Member State law to which the controller is subject and which contains appropriate measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is made with the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) it is made with the data subject's explicit consent, FORTecH Software GmbH shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise rights with regard to automated decisions, he or she may contact an employee of the controller at any time.
i) Right to withdraw consent under data protection law
Any data subject shall have the right granted by the European legislator to withdraw 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 contact an employee of the controller at any time.
8. 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 process. Processing can also be carried out electronically. This is particularly the case if an applicant sends the relevant application documents to the controller electronically, for example by email or via a web form on the website. If the controller concludes an employment contract with an applicant, the data transmitted 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 are automatically deleted two months after the rejection decision is announced, provided that there are no other legitimate interests of the controller that conflict with deletion. Other legitimate interests in this sense include, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).
9. Legal basis for processing
Art. 6 I lit. a GDPR serves as the legal basis for our company for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary to fulfill a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of any other service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as to fulfill tax obligations, the processing is based on Art. 6 I lit. c GDPR. 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 were injured in our company and his name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third parties. In that case, the processing would be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. This legal basis is used for processing operations that are not covered by any of the aforementioned legal bases if the processing is necessary to protect a legitimate interest of our company or 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 were 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 GDPR).
10. Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.
11. Duration for which the personal data is stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After the period has expired, the corresponding data is routinely deleted unless it is no longer required to fulfill or initiate a contract.
12. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
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). In order to conclude a contract, it may sometimes be necessary for a data subject to provide us with personal data, which must then be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before the data subject provides personal data, the data subject must contact one of our employees. Our employee will clarify to 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 consequences non-provision of the personal data would have.
13. Existence of automated decision-making
As a responsible company, we do not use automated decision-making or profiling.
This data protection declaration was created by the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the external data protection officer in Kaufbeuren, in cooperation with the data protection lawyer Christian Solmecke.
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