Data Protection Directive

PRIVACY POLICY
We are pleased about your visit to our website. The protection of your personal data is an important concern for us, and we want you to feel safe when you visit our website. We protect your privacy and your personal data. We process your personal data in accordance with the content of this data protection declaration, the country-specific data protection regulations that apply to us and the Basic Data Protection Regulation (“DSGVO”).

Personal data is the information that makes it possible to identify a natural person. This includes in particular name, date of birth, address, telephone number, e-mail address, but also your IP address. Anonymous data exists if no personal reference to the user can be established.

Further definitions of the terms used (e.g. “processing”) can be found in Art. 4 DSGVO.

In the following, we will give you an overview of the information we collect during your visit to our website and how this information is used:

1. Name and address of the person responsible for processing

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:

FMP software & process engineering GmbH

Schorndorfer Str. 138

71638 Ludwigsburg

Germany

E-mail: info@fmp-engineering.de

2. Data protection officer

You can contact our data protection officer at any time with all data protection issues:

Mr. Frank Mayer-Potschak

FMP software & process engineering GmbH

Schorndorfer Str. 138

71638 Ludwigsburg

Germany

E-mail: info@fmp-engineering.de

3. Cookies

The website partly uses so-called cookies. Cookies do not damage your computer and do not contain viruses. Cookies serve to make our website more user-friendly, effective and safer. Cookies are small text files that are stored on your computer and saved by your browser.

Most of the cookies we use are so-called “session cookies”. They are automatically deleted at the end of your visit. Other cookies remain stored on your end device until you delete them. These cookies enable us to recognize your browser the next time you visit us.

You can set your browser to inform you about the setting of cookies and to allow cookies only in individual cases, to exclude the acceptance of cookies for certain cases or in general, and to activate the automatic deletion of cookies when closing the browser. If you deactivate cookies, the functionality of this website may be limited.

4. Collection of general data and information

The website of FMP software & process engineering GmbH collects a number of general data and information every time the website is accessed by a data subject or automated system. This general data and information is stored in the server log files. The following can be recorded: (1) the 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, (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of an access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information which serve to prevent danger in the event of attacks on our information technology systems.

When using this general data and information, FMP software & process engineering GmbH does not draw any conclusions about the person concerned. Rather, this information is required in order to (1) deliver the contents of our website correctly, (2) optimize the contents of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement agencies with the information necessary for prosecution in the event of a cyber-attack. This anonymously collected data and information is therefore evaluated by FMP software & process engineering GmbH on the one hand statistically 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.

5. Rights of the persons concerned

a. 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.

b. Right of access

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 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 to rectify or erase personal data concerning you or to have the processing limited by the controller or to object to such processing

– 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

c. 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. The data subject shall also 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.

d. Right to erasure

Any person concerned by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the immediate deletion of personal data relating to you, for the following reasons:

– 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 objects to the processing pursuant to Article 21(1) of the DPA and there are no legitimate legal grounds for processing, or the data subject objects to the processing pursuant to Article 21(2) of the DPA

– The personal data were processed unlawfully

– The deletion of 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 Paragraph 1 of the DS-GVO

e. 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 that the use of the personal data be restricted

– The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to exercise or defend his rights

– The data subject has lodged an objection to the processing pursuant to Article 21 (1) of the DPA and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject

f. 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.

g. Right to withdraw consent under data protection law

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.

For this purpose, as well as for further questions on the subject of personal data, you can contact us at any time at the address given in the imprint.

6. 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 relevant application documents to the data controller electronically, for example by e-mail.

If the data controller concludes an employment contract with an applicant, the data transferred is stored for the purpose of processing the employment relationship in accordance with the legal requirements. If the data controller does not conclude an employment contract with the applicant, the applicant documents are automatically deleted after the rejection decision has been announced, provided that no other legitimate interests of the data controller conflict with deletion.

7. Purpose and legal basis of the processing

When processing your personal data, the provisions of the EU-DS-GVO and all other applicable data protection regulations are observed. The legal basis for data processing is derived in particular from Art. 6 EU-DS-GVO.

We use your data for business initiation, to fulfil contractual and legal obligations, to implement the contractual relationship, to offer products and services and to strengthen customer relations, which may also include analyses for marketing purposes, customer satisfaction surveys and direct advertising.

8. 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 DS-GVO, our legitimate interest is to carry out our business activities for the benefit of the well-being of all our employees and our shareholders.

9. Duration of personal data storage

We store your data as long as they are needed for the respective processing purpose. Please note that numerous retention periods require that data is (must be) still stored. This applies in particular to storage obligations under commercial or tax law (e.g. German Commercial Code, German Fiscal Code, etc.). Provided that there are no further storage obligations, the data will be routinely deleted once the purpose has been achieved.

In addition, we may retain data if you have given us your permission to do so or if legal disputes arise and we use evidence within the scope of statutory limitation periods, which can be up to thirty years; the regular limitation period is three years.

10. Legal or contractual regulations for the provision of personal 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 must contact one of our employees. Our employee will 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.

11. Use of Facebook

Our pages integrate plugins from the social network Facebook, provider Facebook Inc. 1 Hacker Way, Menlo Park, California 94025, USA. You can recognize the Facebook plugins by the Facebook logo or the “Like Button” (“Like”) on our site. You can find an overview of the Facebook plugins here: https://developers.facebook.com/docs/plugins/.

When you visit our pages, the plugin establishes a direct connection between your browser and the Facebook server. Facebook thereby receives the information that you have visited our site with your IP address. If you click the Facebook “Like-Button” while you are logged in to your Facebook account, you can link the contents of our Pages on your Facebook profile. This allows Facebook to associate your visit to our Pages with your user 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 Facebook. You can find further information on this in the Facebook privacy policy at: https://de-de.facebook.com/policy.php.

If you do not want Facebook to be able to assign visits to our Pages to your Facebook user account, please log out of your Facebook user account.

12. Use of XING

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 SE, Dammtorstraße 30, 20354 Hamburg, Germany.

The data protection regulations published by Xing, which can be accessed at https://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 https://www.xing.com/app/share?op=data_protection.

13. Use of Google Maps

This site uses the map service Google Maps via an API. The provider is Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

To use the functions of Google Maps it is necessary to store your IP address. This information is usually transferred to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer.

The use of Google Maps is in the interest of an attractive presentation of our online offers and to make it easy to find the places we have indicated on the website. This represents a legitimate interest in the sense of Art. 6 para. 1 lit. f DSGVO.

More information on the handling of user data can be found in Google’s privacy policy: https://www.google.de/intl/de/policies/privacy/.

14. Registration for training courses or filling out a contact form

If you send us enquiries via the contact form, your details from the enquiry form, including the contact data you provide there, will be stored by us for the purpose of processing the enquiry and in the event of follow-up questions. We will not pass on this data without your consent.

The processing of the data entered in the contact form is thus exclusively based on your consent (Art. 6 para. 1 lit. a DSGVO). You can revoke this consent at any time. For this purpose, an informal notification by e-mail to us is sufficient. The legality of the data processing operations carried out up to the time of revocation remains unaffected by the revocation.

The data entered by you in the contact form will remain with us until you request us to delete it, revoke your consent to its storage or the purpose for which it was stored ceases to apply (e.g. after your enquiry has been processed). Mandatory legal provisions – in particular retention periods – remain unaffected.

Status: 07/2018