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Privacy notice for a website

A. General

(1) Definitions

Following the example of Art. 4 of the GDPR, this data protection notice is based on the following definitions:

  • "Personal data" ( Art. 4 No. 1 GDPR) means any information relating to an identified or identifiable natural person ("data subject"). A person is identifiable if he or she can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, an online identifier, location data or by means of information regarding his or her physical, physiological, genetic, mental, economic, cultural or social identity characteristics. The identifiability can also be given by means of a linkage of such information or other additional knowledge. The origin, form or embodiment of the information is irrelevant (photographs, video or audio recordings may also contain personal data).
  • "Processing" (Art. 4 No. 2 GDPR) means any operation which involves the handling of personal data, whether or not by automated (i.e. technology-based) means. This includes, in particular, the collection (i.e. acquisition), recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment, combination, restriction, erasure or destruction of personal data, as well as the change of a purpose or intended use on which a data processing was originally based.
  • "Controller" ( Art. 4 No. 7 GDPR) means 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.
  • "Third party" ( Art. 4 No. 10 GDPR) means any natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons who are authorised to process the personal data under the direct responsibility of the controller or processor; this also includes other group-affiliated legal entities.
  • "Processor" ( Art. 4 No. 8 GDPR) is a natural or legal person, authority, institution or other body that processes personal data on behalf of the controller, in particular in accordance with the controller's instructions (e.g. IT service provider). In terms of data protection law, a processor is in particular not a third party.
  • "Consent" ( Art. 4 No. 11 GDPR) of the data subject means any freely given specific, informed and unambiguous indication of his or her wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.

(2) Name and address of the controller

The controller for the processing of your personal data within the meaning of Art. 4 No. 7 GDPR is

FIMOFO e.K.
Hengst 1/1
75050 Gemmingen

For further information on our company, please refer to the imprint details.

(3) Legal basis for data processing

By law, any processing of personal data is only allowed if the data processing falls under one of the following justifications:

  • Art. 6 para. 1 sentence 1 lit. a GDPR ("consent"): Where the data subject has voluntarily, in an informed manner and unambiguously indicated by a statement or other unambiguous affirmative act that he or she consents to the processing of personal data relating to him or her for one or more specified purposes;
  • Art. 6 para. 1 p. 1 lit. b GDPR: If the processing is necessary for the performance of a contract to which the data subject is party or for the implementation of pre-contractual measures taken at the request of the data subject;
  • Art. 6 para. 1 p. 1 lit. c GDPR: If processing is necessary for compliance with a legal obligation to which the controller is subject (e.g. a legal obligation to keep records);
  • Art. 6 para. 1 p. 1 lit. d GDPR: If the processing is necessary to protect the vital interests of the data subject or another natural person;
  • Art. 6 para. 1 p. 1 lit. e GDPR: Where 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, or
  • Art. 6 para. 1 p. 1 lit. f GDPR ("Legitimate Interests"): Where processing is necessary to protect legitimate (in particular legal or economic) interests of the controller or a third party, unless the conflicting interests or rights of the data subject override (in particular where the data subject is a minor).

The storage of information in the end-user's terminal equipment or access to information already stored in the terminal equipment is only permitted if it is covered by one of the following justifications:

  • § Section 25 (1) TTDSG: If the end user has consented on the basis of clear and comprehensive information. Consent must be given in accordance with Art. 6 para. 1 p. 1 lit. a GDPR;
  • § Section 25 (2) no. 1 TTDSG: If the sole purpose is to carry out the transmission of a message via a public telecommunications network or
  • § Section 25 (2) no. 2 TTDSG: If the storage or access is absolutely necessary so that the provider of a telemedia service can provide a telemedia service expressly requested by the user.

For the processing operations carried out by us, we indicate below the applicable legal basis in each case. A processing operation may also be based on several legal bases.

(4) Data deletion and storage period

For the processing operations carried out by us, we indicate below in each case how long the data will be stored by us and when it will be deleted or blocked. Unless an explicit storage period is specified below, your personal data will be deleted or blocked as soon as the purpose or legal basis for the storage no longer applies. In principle, your data will only be stored on our servers in Germany, subject to any transfer that may take place in accordance with the regulations in A.(7) and A.(8).
However, storage may take place beyond the specified time in the event of a (threatened) legal dispute with you or other legal proceedings or if storage is provided for by statutory regulations to which we are subject as the responsible party (e.g. § 257 HGB, § 147 AO). If the storage period prescribed by the legal regulations expires, the personal data will be blocked or deleted unless further storage by us is necessary and there is a legal basis for this.

(5) Data security

We use appropriate technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorised access by third parties (e.g. TSL encryption for our website), taking into account the state of the art, the implementation costs and the nature, scope, context and purpose of the processing as well as the existing risks of a data breach (including its probability and impact) for the data subject. Our security measures are continuously improved in line with technological developments.
We will be happy to provide you with more detailed information on request. Please contact our data protection officer (see A.(3)).

(6) Cooperation with processors

Personal data from you will only be passed on by us on the basis of existing order processing relationships and for contract processing.

(7) Conditions for the transfer of personal data to third countries

In the course of our business relationships, your personal data may be passed on or disclosed to third party companies. These may also be located outside the European Economic Area (EEA), i.e. in third countries. Such processing takes place exclusively for the fulfilment of contractual and business obligations and to maintain your business relationship with us (legal basis is Art. 6 para. 1 lit b or lit f in each case in conjunction with Art. 44 et seq. GDPR). We will inform you about the respective details of the transfer in the relevant places below.
The European Commission certifies data protection comparable to the EEA standard for some third countries by means of so-called adequacy decisions (a list of these countries and a copy of the adequacy decisions can be obtained here: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en). However, in other third countries to which personal data may be transferred, there may not be a consistently high level of data protection due to a lack of legal provisions. If this is the case, we ensure that data protection is sufficiently guaranteed. This is possible via binding company regulations, standard contractual clauses of the European Commission for the protection of personal data pursuant to Art. 46 Para. 1 , 2 lit. c GDPR (the standard contractual clauses of 2021 are available at https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj), certificates or recognised codes of conduct. Please contact our data protection officer (see under A.(3)) if you would like more information on this.

(8) No automated decision making (including profiling)

We do not intend to use any personal data collected from you for any automated decision making process (including profiling).

(9) No obligation to provide personal data

We do not make the conclusion of contracts with us dependent on you providing us with personal data in advance. As a customer, you are under no legal or contractual obligation to provide us with your personal data; however, we may only be able to provide certain services to a limited extent or not at all if you do not provide the necessary data. If this should exceptionally be the case in the context of the products we offer presented below, you will be informed of this separately.

(10) Legal obligation to transmit certain data

Under certain circumstances, we may be subject to a special statutory or legal obligation to make the lawfully processed personal data available to third parties, in particular public bodies ( Art. 6 para. 1 p. 1 lit. c GDPR).

(11) Your rights

You can assert your rights as a data subject with regard to your processed personal data at any time by contacting us using the contact details provided at the beginning of section A.(2). As a data subject, you have the right to:

  • to request information about your data processed by us in accordance with Art. 15 GDPR. In particular, you can request information about the processing purposes, the category of data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it has not been collected by us, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information about its details;
  • to demand the correction of incorrect or the completion of your data stored by us without delay in accordance with Art. 16 GDPR;
  • pursuant to Art. 17 GDPR to request the deletion of your 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;
  • demand the restriction of the processing of your data in accordance with Art. 18 GDPR, insofar as the accuracy of the data is disputed by you or the processing is unlawful;
  • pursuant to Art. 20 GDPR to receive your data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another controller ("data portability");
  • object to the processing in accordance with Art. 21 GDPR, provided that the processing is carried out on the basis of Art. 6 (1) sentence 1 lit. e or lit. f GDPR. This is particularly the case if the processing is not necessary for the performance of a contract with you. Unless it is an objection to direct marketing, when exercising such an objection, we ask you to explain the reasons why we should not process your data as we have done. In the event of your justified objection, we will review the merits of the case and either cease or adapt the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing;
  • in accordance with Art. 7 (3) of the GDPR, revoke your consent - i.e. your voluntary, informed and unambiguous will, made clear by a declaration or other unambiguous affirmative action, that you agree to the processing of the personal data in question for one or more specific purposes - given once (also before the GDPR applies, i.e. before 25.5.2018) at any time vis-à-vis us, if you have given such consent. This has the consequence that we may no longer continue the data processing based on this consent in the future, and
  • complain to a data protection supervisory authority about the processing of your personal data in our company in accordance with Art. 77 GDPR, such as the data protection supervisory authority responsible for us: The State Commissioner for Data Protection and, Freedom of Information Baden-Württemberg, Postfach 10 29 32, 70025 Stuttgart, e-mail: poststelle@lfdi.bwl.de

(12) Changes to the data protection notice

In the context of the further development of data protection law as well as technological or organisational changes, our data protection information is regularly reviewed to determine whether it needs to be adapted or supplemented. You will be informed of any changes in particular on our German website at www.fimofo.de. This data protection notice is valid as of January 2025.

B. Visiting websites

(1) Explanation of the function

You can obtain information about our company and the services we offer in particular at www.fimofo.de together with the associated sub-pages (hereinafter jointly referred to as "websites"). When you visit our websites, your personal data may be processed.

(2) Personal data processed

During the informative use of the websites, the following categories of personal data are collected, stored and processed by us:

"log data": When you visit our websites, a so-called log data record (so-called server log files) is stored temporarily and anonymously on our web server. This consists of:

  • the page from which the page was requested (so-called referrer URL)
  • the name and URL of the requested page
  • the date and time of the call
  • the description of the type, language and version of the web browser used
  • the IP address of the requesting computer, which is shortened in such a way that a personal reference can no longer be established
  • the amount of data transferred
  • the operating system
  • the message whether the call was successful (access status/http status code)
  • the GMT time zone difference

"Contact form data": When contact forms are used, the data transmitted through them are processed (e.g. gender, surname and first name, address, company, email address and the time of transmission).

In addition to the purely informational use of our website, we offer the subscription to our newsletter, which we use to inform you about current developments in business law and events. If you subscribe to our newsletter, the following "newsletter data" will be collected, stored and processed by us:

  • the page from which the page was requested (so-called referrer URL)
  • the date and time of the call
  • the description of the type of web browser used
  • the IP address of the requesting computer, which is shortened in such a way that a personal reference can no longer be established
  • the email address
  • the date and time of registration and confirmation

We would like to point out that we evaluate your user behaviour when sending the newsletter. For this evaluation, the emails sent contain so-called web beacons or tracking pixels, which are single-pixel image files that are stored on our website. For the evaluations, we link the aforementioned data and the web beacons with your e-mail address and an individual ID. Links contained in the newsletter also contain this ID. The data is only collected pseudonymously, i.e. the IDs are not linked to your other personal data, a direct personal reference is excluded.

(3) Purpose and legal basis of data processing

We process the personal data described in more detail above in accordance with the provisions of the GDPR, the other relevant data protection regulations and only to the extent necessary. Insofar as the processing of personal data is based on Art. 6 (1) sentence 1 lit. f GDPR, the aforementioned purposes also represent our legitimate interests.

The processing of log data serves statistical purposes and the improvement of the quality of our website, in particular the stability and security of the connection (legal basis is Art. 6 para. 1 p. 1 lit. a or lit. f GDPR).

Contact form data is processed for the purpose of handling customer enquiries (legal basis is Art. 6 para. 1 p. 1 lit. b or lit. f GDPR).

The newsletter data is processed for the purpose of sending the newsletter. When registering for our newsletter, you consent to the processing of your personal data (legal basis is Art. 6 para. 1 lit. a DS-GVO). We use the so-called double opt-in procedure to register for our newsletter. This means that after your registration, we will send you an e-mail to the e-mail address you provided in which we ask you to confirm that you wish to receive the newsletter. The purpose of this procedure is to verify your registration and, if necessary, to be able to clarify any possible misuse of your personal data. You can revoke your consent to receive the newsletter at any time and unsubscribe from the newsletter. You can declare the revocation by clicking on the link provided in every newsletter email or by sending a message to the contact details provided in the imprint.

If the processing of the data requires the storage of information in your terminal equipment or access to information already stored in the terminal equipment, § 25 para. 1 , 2 TTDSG is the legal basis for this.

(4) Duration of data processing

Your data will only be processed for as long as is necessary to achieve the above-mentioned processing purposes; the legal bases stated in the context of the processing purposes apply accordingly. With regard to the use and storage duration of cookies, please note point A.(5) as well as B.(6 b).
Third parties used by us will store your data on their systems for as long as is necessary in connection with the provision of services for us in accordance with the respective order.
You can find more details on the storage period under A.(5) and B.(6 b).

(5) Transfer of personal data to third parties; justification basis

The following categories of recipients, which are usually processors (see A.(7)), may have access to your personal data:

  • Service providers for the operation of our website and the processing of data stored or transmitted by the systems (e.g. for data centre services, payment processing, IT security). The legal basis for the transfer is then Art. 6 para. 1 sentence 1 lit. b or lit. f GDPR, insofar as these are not order processors;
  • Government agencies/authorities, insofar as this is necessary to fulfil a legal obligation. The legal basis for the disclosure is then Art. 6 para. 1 p. 1 lit. c GDPR;
  • Persons employed to carry out our business operations (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities, parties involved in company acquisitions or the establishment of joint ventures). The legal basis for the disclosure is then Art. 6 para. 1 sentence 1 lit. b or lit. f GDPR.

For the guarantees of an adequate level of data protection in the event of a transfer of data to third countries, see A.(8).
Furthermore, we will only pass on your personal data to third parties if you have given your express consent to do so in accordance with Art. 6 (1) sentence 1 lit. a GDPR.

(6) Use of cookies, plugins and other services on our website

a) Cookie

We use cookies on our websites. Cookies are small text files that are assigned to the browser you are using and stored on your hard drive by means of a characteristic string of characters and through which certain information flows to the body that sets the cookie. Cookies cannot execute programmes or transfer viruses to your computer and therefore cannot cause any damage. They serve to make the Internet offer as a whole more user-friendly and effective, i.e. more pleasant for you.
Cookies can contain data that make it possible to recognise the device used. In some cases, however, cookies only contain information on certain settings that cannot be related to a specific person. However, cookies cannot directly identify a user.
We only use technically necessary cookies on our website: these are absolutely necessary to move around the website, to use basic functions and to ensure the security of the website; they do not collect information about you for marketing purposes nor do they store which web pages you have visited;

The legal basis for cookies that are absolutely necessary in order to provide you with the expressly requested service is § 25 para. 2 no. 2 TTDSG. Any use of cookies that is not absolutely technically necessary for this purpose constitutes data processing that is only permitted with your express and active consent pursuant to Section 25 (1) TTDSG in conjunction with Article 6 (1) sentence 1 lit. a GDPR. This applies in particular to the use of performance, advertising, targeting or sharing cookies. Furthermore, we will only pass on your personal data processed by cookies to third parties if you have given your express consent to this in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR.
In this respect, we would like to point out that all cookies are purely functional.

b) Cookie Policy

We only use technically necessary cookies on our website: these are mandatory in order to navigate the website, use basic functions and ensure the security of the website; they do not collect information about you for marketing purposes nor do they store which web pages you have visited. The session cookies we use are stored for as long as is technically necessary.

c) Social Media Plugins

We do not use social media plugins on our websites. If our websites contain icons from social media providers, we only use these for passive linking to the pages of the respective providers.

d) Google Maps

The map service Google Maps is integrated on our website 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 save 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 transmission. Cookies are not stored. However, they are only displayed with the express consent of the user.
The use of Google Maps is in the interest of an appealing presentation of our online offers and an easy location of the places indicated by us on the website. This constitutes a legitimate interest within the meaning of Art. 6 Para. 1 lit. f GDPR.
For further information, please refer to the Google Maps privacy policy: https://policies.google.com/privacy

e) Apple Maps

Apple Maps is not directly integrated into our website. Nevertheless, you have the option of using Apple Maps via an external link to plan a route to a standard.