Data Protection

Data Protection per the EU’s General Data Protection Regulation (GDPR)

Effective as of 25 May 2018

For us, FRANKONIA Eurobau, the protection of your privacy is important. In the following we would like to inform you about the nature, scope and purpose of the collection and use of personal data when you use our products and website.

We take the task of ensuring the confidentiality of your data within the framework of applicable data protection law very seriously. The protection and the legally compliant collection, processing and use of your data is therefore important for us. FRANKONIA Eurobau therefore uses technical and organisational measures to protect your data from manipulation, loss, destruction or access by unauthorised persons. Our security measures are constantly being refined based on the latest technology.

We would like to inform you here about our data collection, processing and usage and our data security so that you feel confident in inquiring about real estate offers, visiting our website and the use of our online services and, where relevant, our mobile apps.

This Privacy Policy (including any information required by law) is divided into two parts:

Part I:

Information on Data Protection Regarding Our Data Processing per Articles 13, 14 and 21 of the General Data Protection Regulation (GDPR)

Part II:

Privacy Policy for our Website

PART I:

Information on Data Protection Regarding Our Data Processing per Articles 13, 14 and 21 of the General Data Protection Regulation (GDPR)

I General Information

Your personal data (for example your title, name, address, date of birth, email address, telephone number, bank details) will only be processed by us in accordance with the provisions of German data protection law and the data protection law of the European Union (EU). In addition to processing purposes, recipients, legal bases, and storage deadlines, the following information also tells you about your rights and the person responsible (controller) for processing your data.

II Data Processing

1. Purpose of Processing

We process the personal data you provide us with for pre-contractual support, finalising contracts, and for the fulfilment of the contractual obligations. You are not obliged to provide your personal data. If you don’t provide us with your data, we cannot offer you pre-contractual support conclude a contract with you.

2. Legal Grounds

The legal bases for this processing of your personal data are:

  1. Article 6 subparagraph 1 letter a and article 7 of GDPR The processing takes place based on the consent of the data subject.
  2. Article 6 subparagraph 1 letter b of GDPR The processing takes place so that we can provide our services, arrange contracts, and answer enquiries,
  3. Article 6 subparagraph 1 letter c of GDPR Processing takes place to fulfil our legal obligations

3. Categories of Recipients

Your data will not be passed on to third parties without your express consent. Excluded from this are our service partners whom we need for the contractual relationship, or service providers who assist with processing orders. These could be recipients of the following categories: Companies within the group, service providers, authorities, payment service providers, utility providers, computer service providers.

III Storage Duration

We store the data required for the execution of the contract until the expiry of the statutory warranty periods and, if applicable, the contractual guarantee periods. We keep the data required according to trade and tax law for the periods specified by law, usually for ten years (see article 257 of the German Commercial Code [HGB] and article 147 of Germany’s General Fiscal Law [AO]). The data processed for pre-contractual reasons will be deleted as soon as the relevant measures have been carried out and it is clear that no contract will be concluded.

IV Data Subjects’ Rights

If your personal data is processed, you are per GDPR a data subject and you are entitled to exercise the following rights against us:

1. Right to Receive Information

You can require us to confirm whether personal data pertaining to you is processed by us. If such data is being processed, you can request information from us regarding the following:

  1. The purposes for which the personal data is processed;
  2. The categories of personal data being processed;
  3. The recipients or categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed.
  4. The planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;
  5. The existence of a right to rectification or deletion of personal data concerning you, a right to restriction of processing by us or a right to object to such processing;
  6. The existence of a right of appeal to a supervisory authority;
  7. Any information available on the origin of the data where the personal data are not sent by the data subject;
  8. The existence of automated decision-making, including profiling, referred to in article 22 subparagraphs 1 and 4 of GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
  9. You have the right to request information about whether your personal data is sent to a third country or an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to article 46 of GDPR in connection with the sending of this data.

2. Right to Rectification

You have a right with respect to us to rectification and/or completion, if the personal data you process is incorrect or incomplete. We must make the correction without delay.

3. Right to Restriction of Processing

Under the following conditions, you may request the restriction of the processing of personal data concerning you:

  1. If you contest the accuracy of the personal data, for a period enabling us to verify the accuracy of the personal data;
  2. If the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
  3. If we no longer need the personal data for the purposes of processing, but you need it to assert, exercise or defend legal claims; or
  4. If you have appealed against the processing in accordance with article 21 subparagraph 1 of GDPR and have not yet established whether our legitimate reasons outweigh your reasons.

Where processing of your personal data has been restricted, such data will, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

If processing has been restricted according to the above conditions, we will inform you before the restriction is lifted.

4. Right to Deletion

a) Obligation to Delete

You have the right to demand from us the erasure of personal data concerning you without undue delay and we shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

  1. The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  2. You withdraw consent on which the processing is based according to article 6 subparagraph 1 letter a or article 9 subparagraph 2 letter a of GDPR, and there is no other legal ground for the processing.
  3. You object to the processing pursuant to article 21 subparagraph 1 of GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to article 21 subparagraph 2 of GDPR.
  4. Your personal data has been unlawfully processed.
  5. The personal data has to be erased for compliance with a legal obligation in Union or Member State law to which we are subject;
  6. (6) Your personal data have been collected in relation to the offer of information society services referred to in article 8 subparagraph 1 of GDPR.

b) Information Provided to Third Parties

Where we have made the personal data public and are obliged pursuant to article 17 subparagraph 1 of GDPR to erase the personal data, we, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers processing the personal data that you, the data subject, have requested the erasure of that personal data, or any copy or replication of that personal data.

c) Exceptions

There is no right to deletion in cases where processing is required:

  1. For exercising the right of freedom of expression and information;
  2. For compliance with a legal obligation which requires processing by Union or Member State law to which we are subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in us;
  3. For reasons of public interest in the area of public health in accordance with article 9 subparagraph 2 letters h and i and article 9 subparagraph 3 of GDPR;
  4. For archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with article 89 subparagraph 1 of GDPR in so far as the right referred to in paragraph a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
  5. For the establishment, exercise or defence of legal claims.

5. Right to Be Informed

If you have, with respect to us, exercised the right to rectification, deletion or restriction of the processing, we are obliged to inform all parties to whom your personal data has been revealed of the rectification, deletion or restriction, unless this proves to be impossible or involves a disproportionate effort.

You have the right, with respect to us, to be informed about these recipients.

6. Right to Data Portability

You have the right to receive, in a structured, current and machine-readable format, the personal data you have provided to us. You also have the right to have the controller forward this personal data to another controller without hindrance, provided that:

  1. The processing is based on consent pursuant to article 6 subparagraph 1 letter a of GDPR or on article 9 subparagraph 2 letter a of GDPR or on a contract pursuant to article 6 subparagraph 1 letter b of GDPR and
  2. The processing is carried out by automated means.
  3. In exercising your right to data portability, you shall have the right to have the personal data transmitted directly from us to another controller, where technically feasible. Freedoms and rights of other persons may not be affected by this.

The right to data portability shall not apply to processing of personal data as necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.

7. Right to Object

You shall have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you and which is based on article 6 subparagraph 1 letter e or f of GDPR, including profiling based on those provisions.

We shall no longer process the personal data regarding you unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

Where personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.

Where you object to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

8. Right to Revoke Declarations of Consent to Data Processing

You have the right to revoke your declaration of consent to data processing at any time. The revocation of consent does not affect the legality of the processing that took place prior to the revocation of consent.

9. Automated Decision-Making in Individual Cases, Including Profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision:

  1. a) Is necessary for entering into, or performance of, a contract between you and us;
  2. b) Is authorised by Union or Member State law to which we are subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
  3. c) Is based on your express consent.

These decisions shall not be based on special categories of personal data referred to in article 9 subparagraph 1 of GDPR, unless article 9 subparagraph 2 letters a or g applies and suitable measures to safeguard the data subject's rights and freedoms and legitimate interests are in place. In the cases referred to in points (1) and (3), we shall implement suitable measures to safeguard rights and freedoms and your legitimate interests

10. Right to Complain to a Supervisory Authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if your consider that the processing of your personal data infringes GDPR.

V Data Controller:

FRANKONIA Eurobau AG
Hübeck 5
41334 Nettetal, Germany
Tel. +49 2158 9153-30

E-Mail: datenschutz@frankonia-eurobau.de

PART 2:

Privacy Policy for our Website

1. An overview of data protection

General information

The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit our website. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.

Data recording on our website

Who is the responsible party for the recording of data on this website (i.e. the “controller”)?

The data on this website is processed by the operator of the website, whose contact information is available under section “Information Required by Law” on this website.

How do we record your data?

We collect your data as a result of your sharing of your data with us. This may, for instance be information you enter into our contact form.

Our IT systems automatically record other data when you visit our website. This data comprises primarily technical information (e.g. web browser, operating system or time the site was accessed). This information is recorded automatically when you access our website.

What are the purposes we use your data for?

A portion of the information is generated to guarantee the error free provision of the website. Other data may be used to analyse your user patterns.

What rights do you have as far as your information is concerned?

You have the right to receive information about the source, recipients and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data are rectified, blocked or eradicated. Please do not hesitate to contact us at any time under the address disclosed in section “Information Required by Law” on this website if you have questions about this or any other data protection related issues. You also have the right to log a complaint with the competent supervising agency.

Moreover, under certain circumstances, you have the right to demand the restriction of the processing of your personal data. For details, please consult the Data Protection Declaration under section “Right to Restriction of Data Processing.”

Analysis tools and tools provided by third parties

There is a possibility that your browsing patterns will be statistically analysed when your visit our website. Such analyses are performed primarily with cookies and with what we refer to as analysis programmes. As a rule, the analyses of your browsing patterns are conducted anonymously; i.e. the browsing patterns cannot be traced back to you. You have the option to object to such analyses or you can prevent their performance by not using certain tools. For detailed information about this, please consult our Data Protection Declaration below.

You do have the option to object to such analyses. We will brief you on the objection options in this Data Protection Declaration.

2. General information and mandatory information

Data protection

The operators of this website and its pages take the protection of your personal data very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Data Protection Declaration.

Whenever you use this website, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Data Protection Declaration explains which data we collect as well as the purposes we use this data for. It also explains how, and for which purpose the information is collected.

We herewith advise you that the transmission of data via the Internet (i.e. through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third party access.

Information about the responsible party (referred to as the “controller” in the GDPR)

The data processing controller on this website is:

FRANKONIA Eurobau AG
Hübeck 5
41334 Nettetal

Telephone: +49 2158-9153-30
Email: info@frankonia-eurobau.de

The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of personal data (e.g. names, e-mail addresses, etc.).

Revocation of your consent to the processing of data

A wide range of data processing transactions are possible only subject to your express consent. You can also revoke at any time any consent you have already given us. To do so, all you are required to do is sent us an informal notification via e-mail. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.

Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)

In the event that data are processed on the basis of Art. 6 Sect. 1 lit. e or f GDPR, you have the right to at any time object to the processing of your personal data based on grounds arising from your unique situation. This also applies to any profiling based on these provisions. To determine the legal basis, on which any processing of data is based, please consult this Data Protection Declaration. If you log an objection, we will no longer process your affected personal data, unless we are in a position to present compelling protection worthy grounds for the processing of your data, that outweigh your interests, rights and freedoms or if the purpose of the processing is the claiming, exercising or defence of legal entitlements (objection pursuant to Art. 21 Sect. 1 GDPR).

If your personal data is being processed in order to engage in direct advertising, you have the right to at any time object to the processing of your affected personal data for the purposes of such advertising. This also applies to profiling to the extent that it is affiliated with such direct advertising. If you object, your personal data will subsequently no longer be used for direct advertising purposes (objection pursuant to Art. 21 Sect. 2 GDPR).

Right to log a complaint with the competent supervisory agency

In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.

Right to data portability

You have the right to demand that we hand over any data we automatically process on the basis of your consent or in order to fulfil a contract be handed over to you or a third party in a commonly used, machine readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.

Information about, blockage, rectification and eradication of data

Within the scope of the applicable statutory provisions, you have the right to at any time demand information about your archived personal data, their source and recipients as well as the purpose of the processing of your data. You may also have a right to have your data rectified, blocked or eradicated. If you have questions about this subject matter or any other questions about personal data, please do not hesitate to contact us at any time at the address provided in section “Information Required by Law.”

Right to demand processing restrictions

You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact us at any time at the address provided in section “Information Required by Law.” The right to demand restriction of processing applies in the following cases:

  1. In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your personal data.
  2. If the processing of your personal data was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data in lieu of demanding the eradication of this data.
  3. If we do not need your personal data any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the processing of your personal data instead of its eradication.
  4. If you have raised an objection pursuant to Art. 21 Sect. 1 GDPR, your rights and our rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your personal data.

If you have restricted the processing of your personal data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.

3. Recording of data on our website

Cookies

In some instances, our website and its pages use so-called cookies. Cookies do not cause any damage to your computer and do not contain viruses. The purpose of cookies is to make our website more user friendly, effective and more secure. Cookies are small text files that are placed on your computer and stored by your browser.

Most of the cookies we use are so-called “session cookies.” They are automatically deleted after your leave our site. Other cookies will remain archived on your device until you delete them. These cookies enable us to recognise your browser the next time you visit our website.

You can adjust the settings of your browser to make sure that you are notified every time cookies are placed and to enable you to accept cookies only in specific cases or to exclude the acceptance of cookies for specific situations or in general and to activate the automatic deletion of cookies when you close your browser. If you deactivate cookies, the functions of this website may be limited.

Cookies that are required for the performance of the electronic communications transaction or to provide certain functions you want to use (e.g. the shopping cart function), are stored on the basis of Art. 6 Sect. 1 lit. f GDPR. The website operator has a legitimate interest in storing cookies to ensure the technically error free and optimised provision of the operator’s services. If other cookies (e.g. cookies for the analysis of your browsing patterns) should be stored, they are addressed separately in this Data Protection Declaration.

Server log files

The provider of this website and its pages automatically collects and stores information in so-called server log files, which your browser communicates to us automatically. The information comprises:

  1. The type and version of browser used
  2. The used operating system
  3. Referrer URL
  4. The hostname of the accessing computer
  5. The time of the server inquiry
  6. The IP address

This data is not merged with other data sources.

This data is recorded on the basis of Art. 6 Sect. 1 lit. f GDPR. The operator of the website has a legitimate interest in the technically error free depiction and the optimization of the operator’s website. In order to achieve this, server log files must be recorded.

4. Analysis tools and advertising

Google Analytics

This website uses functions of the web analysis service Google Analytics. The provider of this service is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Google Analytics uses so-called cookies. Cookies are text files, which are stored on your computer and that enable an analysis of the use of the website by users. The information generated by cookies on your use of this website is usually transferred to a Google server in the United States, where it is stored.

The storage of Google Analytics cookies and the utilization of this analysis tool are based on Art. 6 Sect. 1 lit. f GDPR. The operator of this website has a legitimate interest in the analysis of user patterns to optimize both, the services offered online and the operator’s advertising activities.

Browser plug-in

You do have the option to prevent the archiving of cookies by making pertinent changes to the settings of your browser software. However, we have to point out that in this case you may not be able to use all of the functions of this website to their fullest extent. Moreover, you have the option prevent the recording of the data generated by the cookie and affiliated with your use of the website (including your IP address) by Google as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

Objection to the recording of data

You have the option to prevent the recording of your data by Google Analytics by clicking on the following link. This will result in the placement of an opt out cookie, which prevents the recording of your data during future visits to this website: Google Analytics deactivation.

For more information about the handling of user data by Google Analytics, please consult Google’s Data Privacy Declaration at: https://support.google.com/analytics/answer/6004245?hl=en.

5. Plug-ins and Tools

Adobe Typekit Web Fonts

In order to ensure the uniform depiction of certain fonts, our website uses fonts called Adobe Typekit Web Fonts provided by Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA (Adobe).

When you access pages of our website, your browser will automatically load the required fonts directly from the Adobe site to be able to display them correctly on your device. As a result, your browser will establish a connection with Adobe’s servers in the United States. Hence, Adobe learns that your IP address was used to access our website. According to the information provided by Adobe, no cookies will be stored in conjunction with the provision of the fonts.

Adobe is in possession of a certification in accordance with the EU-US Privacy Shield. The Privacy Shield is a compact ratified between the United States of America and the European Union, aiming to warrant compliance with European Data Protection Standards. For more information, please follow this link: https://www.adobe.com/de/privacy/eudatatransfers.html.

The use of Adobe Typekit Web Fonts is necessary to ensure the uniform presentation of fonts on our website. This constitutes a legitimate interest as defined in Art. 6 Sect. 1 lit. f GDPR.

For more information about Adobe Typekit Web Fonts, please read the policies under: https://www.adobe.com/de/privacy/policies/typekit.html.

Adobe’s Data Privacy Declaration may be reviewed under: https://www.adobe.com/de/privacy/policy.html.

Google Maps

Via an API, this website uses the mapping service Google Maps. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

To enable the use of the Google Maps features, your IP address must be stored. As a rule, this information is transferred to one of Google’s servers in the United States, where it is archived. The operator of this website has no control over the data transfer.

We use Google Maps to present our online content in an appealing manner and to make the locations disclosed on our website easy to find. This constitutes a legitimate interest as defined in Art. 6 Sect. 1 lit. f GDPR.

For more information on the handling of user data, please review Google’s Data Privacy Declaration under: https://policies.google.com/privacy?hl=en.

5. Data protection officer

Designation of a data protection officer as mandated by law

We have appointed a data protection officer for our company.

Oliver Luerweg
Schaafsweg 42
47559 Kranenburg
Phone: 02821 7606600
Email: luerweg@luerweg.de

 

Source: e-Recht24