Data protection information for customers/other contract partners and interested parties
(Information on data protection about our processing of customer and interested party data in accordance with Articles 13, 14 and 21 of the General Data Protection Regulation (GDPR))
Flexopus GmbH
Schlosserstrasse 2
70180 Stuttgart
Dear customers, dear interested parties, dear contract partners,
In accordance with the requirements of Articles 13, 14 and 21 of the General Data Protection Regulation (GDPR), we hereby inform you about the processing of your personal data and your related data protection rights. Which data is processed in detail and in which way is used depends largely on the services requested or agreed upon. To ensure that you are fully informed about the processing of your personal data as part of the fulfilment of a contract or the implementation of pre-contractual measures, please take note of the following information.
- RESPONSIBLE BODY IN TERMS OF DATA PROTECTION LAW
Flexopus GmbH
Schlosserstrasse 2
70180 Stuttgart
Telephone: +4971134208505
email: info@flexopus.com
Site: https://www.flexopus.com/
- CONTACT DETAILS OF OUR DATA PROTECTION OFFICER
PROLIANCE GmbH
Datenschutzexperte.de
Leopoldstraße 21
80802 Munich
email: datenschutzbeauftragter@datenschutzexperte.de
- PURPOSES AND LEGAL BASIS OF PROCESSING
We process your personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG), insofar as this is necessary to establish, execute, fulfill a contract and to carry out pre-contractual measures. Insofar as personal data is necessary to initiate or carry out a contractual relationship or as part of the implementation of pre-contractual measures, processing is lawful in accordance with Article 6 (1) (b) GDPR.
If you give us express consent to process personal data for specific purposes (e.g. transfer to third parties, evaluation for marketing purposes or advertising by e-mail), this processing is lawful on the basis of your consent in accordance with Article 6 (1) (a) GDPR. Any consent given can be withdrawn at any time with effect for the future (see section 9 of this data protection information).
If necessary and permitted by law, we process your data beyond the actual purposes of the contract to fulfill legal obligations in accordance with Art. 6 para. 1 lit. c GDPR. In addition, processing may be carried out to protect legitimate interests of us or third parties and to defend and assert legal claims in accordance with Article 6 (1) (f) GDPR. If necessary, we will inform you separately, specifying the legitimate interest, insofar as this is required by law.
- EXISTING CUSTOMERS
You are an existing customer of Banauten GmbH if you have purchased at least one product or service from Flexopus as an entrepreneur. A contract (e.g. contract for work or service) has been concluded between you and Flexopus in the past. We will inform you about new Flexopus products and services. In doing so, we ensure that you only receive information that is in your interest. We derive your interest from the following factors:
- Goods/services of your last purchase(s)
- Your external perception of our goods/services
- Your understanding of Flexopus as a full-service partner
The legal basis for advertising to existing customers is Art. 6 para. 1 sentence 1 f) EU GDPR in conjunction with § Section 7 (3) UWG. A legitimate interest on the part of Flexopus can be assumed here. Flexopus has a legitimate interest in ensuring that its existing customers receive optimal, holistic support and advice - not only in the form of information, but also in the form of personal advice. The existing customer can reasonably expect to receive this support from Flexopus. A milder means of addressing customers in the context of acquiring existing customers would be personal contact and support. Although this method is a milder means, it is impractical and unreasonable to carry out with a large number of customers. An alternative, milder, equally efficient means is not available.
In this sense, advertising to existing customers for your own similar goods or services with regard to products or services already purchased is permitted. Therefore, as part of our personal advertising approach, you may also receive, for example, advertising emails, newsletters, vouchers, invitations to events, customer reviews, etc. in addition to recommendations for the same or similar goods purchased by you.
In the context of existing customer advertising, we take care not to circumvent the data protection mechanisms. In particular, the safeguards of consent within the meaning of Art. 7 EU GDPR should be mentioned here.
- CATEGORIES OF PERSONAL DATA
We only process data that is related to the establishment of the contract or the pre-contractual measures. This may include general data about you or people in your company (name, address, contact details, etc.) as well as any other data that you provide to us as part of the establishment of the contract.
- SOURCES OF DATA
We process personal data that we receive from you as part of contacting us, establishing a contractual relationship or as part of pre-contractual measures, or that you provide to the public on your own company website.
- RECIPIENTS OF DATA
We pass on your personal data exclusively within Flexopus GmbH and, if applicable, to selected Banauten Group GmbH companies (e.g. Banauten GmbH) to the areas and persons who need this data to fulfill contractual and legal obligations or to implement our legitimate interest.
Your personal data is processed on our behalf on the basis of order processing contracts in accordance with Art. 28 GDPR. In these cases, we ensure that the processing of personal data is carried out in accordance with the provisions of the GDPR. In this case, the categories of recipients are providers of Internet service providers and providers of customer management systems and software.
Data will otherwise only be passed on to recipients outside Flexopus GmbH or selected Banauten GroupGmbH companies to the extent permitted or required by law, to process and thus to fulfill the contract or, at your request, to carry out pre-contractual measures, we have your consent or we are authorized to provide information. Under these conditions, recipients of personal data may include:
- External tax advisor
- Public bodies and institutions (e.g. public prosecutor's office, police, supervisory authorities, tax authorities) if there is a legal or official obligation,
- Recipients to whom transfer is immediately necessary to establish or fulfill the contract.
- TRANSFER TO A THIRD COUNTRY
A transmission does not take place.
- DURATION OF DATA STORAGE
Where necessary, we process and store your personal data for the duration of our business relationship or to fulfill contractual purposes. This includes, among other things, the initiation and execution of a contract.
In addition, we are subject to various storage and documentation obligations, including the Commercial Code (HGB) and the Tax Code (AO). The storage and documentation periods prescribed there are two to ten years.Finally, the storage period is also based on the statutory limitation periods, which, for example, in accordance with Sections 195 et seq. of the Civil Code (BGB), can generally be three years, but in certain cases can also be up to thirty years.
- YOUR RIGHTS
Every data subject has the right to information under Article 15 GDPR, the right to correction under Article 16 GDPR, the right to deletion under Article 17 GDPR, the right to restrict processing under Article 18 GDPR, the right to notification under Article 19 GDPR and the right to data portability under Article 20 GDPR.
(1) The right to request information about your personal data processed by us in accordance with Art. 15 EU GDPR. In particular, you can request information about the processing purposes, the category of personal 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 to lodge a complaint, the origin of your data if it was not collected by us, and the existence of automated decision-making including profiling and, if applicable, meaningful information about its details.
(2) The right to demand the immediate correction of incorrect or incomplete personal data stored by us in accordance with Art. 16 EU GDPR.
(3) The right to request the deletion of your personal data stored by us in accordance with Art. 17 EU GDPR, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims.
(4) The right to demand the restriction of the processing of your personal data in accordance with Art. 18 EU GDPR, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you refuse to delete it and we no longer need the data, but you need it to assert, exercise or defend legal claims or you have objected to the processing in accordance with Art. 21 EU GDPR.
(5) You have the right to be informed in accordance with Art. 19 EU GDPR if you have asserted the right to rectification, erasure or restriction of processing against the controller. The controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients.
(6) Right to data portability pursuant to Art. 20 GDPR: You have the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transmitted to another controller, insofar as this is technically feasible.
(7) The right to lodge a complaint with a supervisory authority pursuant to Art. 77 EU GDPR in the event of a breach of data protection law. The competent supervisory authority with regard to data protection issues is the state data protection officer of the federal state in which our company is based. The contact details of the supervisory authority for data protection are:
Der Landesbeauftragte für den Datenschutz und die Informationsfreiheit
Lautenschlagerstraße 20
70173 Stuttgart
Telefon: +49(0)711 615 541-0
Telefax: +49(0)711 615 541-15
E-Mail: poststelle@lfdi.bwl.de
(8) Right to withdraw consent granted pursuant to Art. 7 (3) EU GDPR. You have the right to withdraw your consent to the processing of data at any time with effect for the future. In the event of revocation, we will delete the data concerned immediately, unless further processing can be based on a legal basis for processing without consent. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
Right of objection
If your personal data is processed by us on the basis of legitimate interests in accordance with Art. 6 para. 1 lit. f EU GDPR, you have the right to object to the processing of your personal data in accordance with Art. 21 EU GDPR, insofar as this is done for reasons arising from your particular situation. Insofar as the objection is directed against the processing of personal data for the purpose of direct marketing, you have a general right to object without the requirement to specify a particular situation.
- NECESSITY OF THE PROVISION OF PERSONAL DATA
The provision of personal data for the decision on the conclusion of a contract, the fulfillment of a contract or for the implementation of pre-contractual measures is voluntary. However, we can only make a decision within the framework of contractual measures if you provide personal data that is necessary for the conclusion of the contract, the fulfillment of the contract or pre-contractual measures.
- AUTOMATED DECISION MAKING
Automated decision-making or profiling in accordance with Art. 22 EU GDPR does not take place.
- CHANGES TO OUR PRIVACY POLICY
We reserve the right to update this privacy policy if necessary, in compliance with the applicable data protection regulations. In this way, we can adapt it to the current legal requirements and take into account changes to our services, e.g. when introducing new services. The current version applies to your visit.