Information duties according to art. 13 GDPR

We hereby wish to inform you compre­hen­si­vely about the proces­sing of your data in our company and the data protec­tion claims and rights to which you are entitled within the meaning of Art. 13 of the Euro­pean General Data Protec­tion Regu­la­tion (GDPR).

1.Who is responsible for data processing and whom can you contact?

Respon­sible for:

FUCHS Euro­poles Wind GmbH

Euro­poles-Straße 1 · 92318 Neumarkt
Tel.: +49 9181 896–0
E‑Mail: wind@fuchs-soehne.de
Ust.-IdNr.: DE 361 796 024
Handels­re­gister: Amts­ge­richt Nürn­berg HRB 41895
Geschäfts­führer: Conrad Fuchs, Tobias Fersch, Jürgen Joos
Inhalt­lich Verant­wort­li­cher gemäß § 55 Abs. 2 RStV: Conrad Fuchs

The company data protec­tion officer is:

Thomas Wanjura
Projekt 29 GmbH & Co. KG
Osten­gasse 14
93047 Regensburg
anfrage@projekt29.de
Tel.: +49 (0) 941 2986930

2. What data is processed and from which sources does this data originate?

We process the data that we have received from you in the course of initia­ting or proces­sing a contract, on the basis of consent or in the course of your appli­ca­tion to us or in the course of your employ­ment with us.

Personal data includes:

Your master/contact data, for custo­mers this includes e.g. first and last name, address, contact data (e‑mail address, tele­phone number, fax), bank data.

For appli­cants and employees, this includes e.g. first and last name, address, contact data (e‑mail address, tele­phone number, fax), date of birth, data from curri­culum vitae and refe­rences, bank data, reli­gious affi­lia­tion, photographs.

In the case of busi­ness part­ners, this includes, for example, the name of their legal repre­sen­ta­tive, company, commer­cial register number, VAT number, company number, address, contact person contact data (e‑mail address, tele­phone number, fax), bank data.

For visi­tors to our company, this includes name and signature.

For jour­na­lists, this includes first and last name, e‑mail address, fax number.

For parti­ci­pants in compe­ti­tions, this includes first name, surname and e‑mail address.

In addi­tion, we also process the follo­wing other personal data:

• Infor­ma­tion on the nature and content of contract data, order data, turnover and receipt data, customer and supplier history and consul­ta­tion documents,
• adver­ti­sing and sales data,
• infor­ma­tion from your elec­tronic dealings with us (e.g. IP address, log-in data),
• other data that we have received from you in the course of our busi­ness rela­ti­onship (e.g. in customer meetings),
• data that we gene­rate ourselves from master / contact data and other data, e.g. by means of customer demand and customer poten­tial analyses,
• docu­men­ta­tion of your decla­ra­tion of consent to receive e.g. newsletters.
• Photo­graphs within the scope of events.

3. For what purposes and on what legal basis is the data processed?

We process your data in accordance with the provi­sions of the General Data Protec­tion Regu­la­tion (DS-GVO) and the Federal Data Protec­tion Act 2018 as amended:

• for the fulfilment of (pre-)contractual obli­ga­tions (Art 6 para. 1lit.b DS-GVO): Your data is processed for the purpose of proces­sing contracts online or in one of our bran­ches, for the purpose of proces­sing contracts for your employees in our company. In parti­cular, the data is processed when initia­ting busi­ness and execu­ting contracts with you.
• for the fulfilment of legal obli­ga­tions (Art 6 para. 1 lit.c DS-GVO): Proces­sing of your data is neces­sary for the purpose of fulfil­ling various legal obli­ga­tions, e.g. from the German Commer­cial Code or the German Fiscal Code.
• for the protec­tion of legi­ti­mate inte­rests (Art 6 para. 1 lit.f DS-GVO): Based on a balan­cing of inte­rests, data proces­sing may be carried out beyond the actual fulfilment of the contract in order to safe­guard the legi­ti­mate inte­rests of us or third parties. Data proces­sing for the protec­tion of legi­ti­mate inte­rests occurs, for example, in the follo­wing cases: 
  • Adver­ti­sing or marke­ting (see No. 4),
  • Measures for busi­ness manage­ment and further deve­lo­p­ment of services and products;
  • main­tai­ning a group-wide customer data­base to improve customer service
  • in the context of legal proceedings
  • sending non-sales promo­tional infor­ma­tion and press releases.
• within the scope of your consent (Art 6 para. 1lit.a DSGVO): If you have given us consent to process your data, e.g. to send you our news­letter, publish photos, compe­ti­tions, etc.

4. Processing of personal data for advertising purposes

You can object to the use of your personal data for adver­ti­sing purposes at any time, either in whole or for indi­vi­dual measures, without incur­ring any costs other than the trans­mis­sion costs accor­ding to the basic rates.

We are entitled, under the legal condi­tions of § 7 para. 3 UWG (German Unfair Compe­ti­tion Act), to use the e‑mail address you provided when conclu­ding the contract for direct adver­ti­sing for our own similar goods or services. You will receive these product recom­men­da­tions from us regard­less of whether you have subscribed to a newsletter.

If you do not wish to receive such recom­men­da­tions by e‑mail from us, you can object to the use of your address for this purpose at any time without incur­ring any costs other than the trans­mis­sion costs accor­ding to the basic rates. A message in text form is suffi­cient for this purpose. Of course, an unsub­scribe link is always included in every e‑mail.

5. Who receives my data?

If we use a service provider in the sense of commis­sioned proces­sing, we still remain respon­sible for the protec­tion of your data. All commis­sioned proces­sors are contrac­tually obliged to treat your data confi­den­ti­ally and to process it only in the context of provi­ding the service. The proces­sors we commis­sion receive your data insofar as they require the data to fulfil their respec­tive service. These are, for example, IT service provi­ders that we require for the opera­tion and secu­rity of our IT system as well as adver­ti­sing and address publishers for our own adver­ti­sing campaigns.

Your data is processed in our customer data­base. The customer data­base supports the enhance­ment of the data quality of the exis­ting customer data (dupli­cate clea­ning, moved/deceased indi­ca­tors, address correc­tion), and enables the enrich­ment with data from public sources.

This data is made available to the Group compa­nies if neces­sary for the proces­sing of contracts. Customer data is stored sepa­ra­tely for each company, with our parent company acting as a service provider for the indi­vi­dual parti­ci­pa­ting companies.

In the event of a legal obli­ga­tion and in the context of legal prose­cu­tion, autho­ri­ties and courts as well as external audi­tors may be reci­pi­ents of your data.

In addi­tion, insu­rance compa­nies, banks, credit agen­cies and service provi­ders may be reci­pi­ents of your data for the purpose of initia­ting and fulfil­ling contracts.

6. How long will my data be stored?

We process your data until the end of the busi­ness rela­ti­onship or until the expiry of the appli­cable statu­tory reten­tion periods (e.g. from the German Commer­cial Code, the German Fiscal Code, or the German Working Hours Act); in addi­tion, until the end of any legal disputes in which the data is required as evidence.

7. Will personal data be transferred to a third country?

In prin­ciple, we do not transfer any data to a third country. A transfer takes place in indi­vi­dual cases only on the basis of an adequacy decision of the Euro­pean Commis­sion, stan­dard contrac­tual clauses, appro­priate guaran­tees or your express consent.

8. What data protection rights do I have?

You have a right to infor­ma­tion, correc­tion, dele­tion or rest­ric­tion of the proces­sing of your stored data at any time, a right to object to the proces­sing as well as a right to data porta­bi­lity and to lodge a complaint in accordance with the requi­re­ments of data protec­tion law.

Right to information:

You can request infor­ma­tion from us as to whether and to what extent we process your data.

Right to rectification:

If we process your data that is incom­plete or incor­rect, you can request that we correct or complete it at any time.

Right to erasure:

You may request that we erase your data if we are proces­sing it unlawfully or if the proces­sing dispro­por­tio­na­tely inter­feres with your legi­ti­mate inte­rests in protec­tion. Please note that there may be reasons that prevent imme­diate dele­tion, e.g. in the case of legally regu­lated reten­tion obligations.

Irre­spec­tive of the exer­cise of your right to dele­tion, we will delete your data imme­dia­tely and comple­tely, insofar as there is no legal or statu­tory obli­ga­tion to retain data in this respect.

Right to rest­ric­tion of processing:

You may request us to rest­rict the proces­sing of your data if

• you dispute the accu­racy of the data for a period of time that allows us to verify the accu­racy of the data.
• the proces­sing of the data is unlawful, but you object to erasure and request rest­ric­tion of data use instead,
• we no longer need the data for the intended purpose, but you still need this data to assert or defend legal claims, or
• you have objected to the proces­sing of the data.

Right to data portability:

You may request that we provide you with the data you have provided to us in a struc­tured, commonly used and machine-readable format and that you may transfer this data to another controller without hindrance from us, provided that

• we process this data on the basis of a revo­cable consent given by you or for the perfor­mance of a contract between us, and
• this proces­sing is carried out with the aid of auto­mated procedures.

If tech­ni­cally feasible, you may request us to transfer your data directly to another controller.

Right of objection:

If we process your data for legi­ti­mate inte­rest, you may object to this data proces­sing at any time; this would also apply to profiling based on these provi­sions. We will then no longer process your data unless we can demons­trate compel­ling legi­ti­mate grounds for the proces­sing which over­ride your inte­rests, rights and free­doms, or the proces­sing is for the asser­tion, exer­cise or defence of legal claims. You may object to the proces­sing of your data for the purpose of direct marke­ting at any time without giving reasons.

Right of complaint:

If you are of the opinion that we violate German or Euro­pean data protec­tion law when proces­sing your data, please contact us so that we can clarify any ques­tions. Of course, you also have the right to contact the super­vi­sory autho­rity respon­sible for you, the respec­tive state office for data protec­tion supervision.

If you wish to assert any of the afore­men­tioned rights against us, please contact our data protec­tion officer. In case of doubt, we may request addi­tional infor­ma­tion to confirm your identity.

9. Am i obliged to provide data?

The proces­sing of your data is neces­sary for the conclu­sion or fulfilment of the contract you have entered into with us. If you do not provide us with this data, we will usually have to refuse to conclude the contract or will no longer be able to perform an exis­ting contract and conse­quently have to termi­nate it. However, you are not obliged to give your consent to data proces­sing with regard to data that is not rele­vant to the perfor­mance of the contract or that is not required by law.

Status September 2024