We are delighted that you are interested in our company. Walther Flender GmbH places great importance on data privacy. It is possible to use the website of Walther Flender GmbH at any time without the need to disclose personal data. However, we may be required to process personal data where someone, the data subject, wishes to make use of particular services provided by our company. We will also need to process personal data if they contact our business. If the processing of personal data is necessary, and there is no statutory basis for such processing, we generally obtain consent from the data subject.
In its capacity as a data controller, Walther Flender GmbH has implemented many technical and organisational measures to ensure personal data is processed in the safest way possible without any security gaps. Unfortunately, the transmission of information via the Internet can never be completely secure and it is not possible to guarantee absolute privacy. For this reason, each user has the option of sharing their personal information with us via alternative methods, such as over the phone.
a) Personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter referred to as the ‘data subject’). An identifiable person is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject
A data subject is any identified or identifiable natural person whose personal data is processed by a controller.
Processing means any operation or set of operations which is performed on personal data, whether or not by automatic means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of limiting their processing in future.
Profiling means any kind of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without making use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Data controller or controller responsible for processing
A data controller or controller responsible for processing is a 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. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for based upon Union or Member State law.
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data within the scope of an inquiry being carried out in accordance with Union or Member State law shall not be regarded as recipients.
j) Third party
Third party means any natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
The controller under the General Data Protection Regulation and other data privacy regulations applicable within the Member States of the European Union, as well as other provisions relating to data privacy law is:
The data protection officer responsible for processing data is:
Each data subject can contact our data protection officer directly at any time with any questions and comments relating to data protection.
Cookies are used on the webpages of Walther Flender GmbH. Cookies are text files which are stored and saved on a computer system via an Internet browser.
If you contact our business (e.g. by making enquiries over the phone or in writing, via offers, orders, trade fair contact, visits etc.), the information you have provided (name of business partner, your e-mail address, your name, your telephone number and possibly your role within our partner company) will be saved by us to answer your questions and make contact.
Walther Flender GmbH’s website also collects a range of general data and information each time it is accessed by a data subject or automated system. This general data and information is saved in the server’s log files. We may collect (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (‘referrers’), (4) the sub-websites which may access our website via another system, (5) the date and time of access to the Internet site, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, Walther Flender GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimise and promote the content on our website, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the case of a cyber-attack. Walther Flender GmbH therefore performs statistical analyses of data and information collected anonymously. The aim of this is on the one hand to increase data protection and data security within our company, and on the other hand to achieve an optimal level of protection for the personal data we process. The anonymous data from the server log files are stored separately from all personal data provided by a data subject.
The data subject can register on the website of the controller by providing personal data. The personal data transmitted to the controller is determined by the respective input mask used for registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for his own purposes. The controller may initiate transfer of data to one or more processors (e.g. a parcel service) that also uses the personal data for an internal purpose, which is attributable to the controller.
The data subject’s IP address, assigned by the Internet service provider (ISP), as well as the date and time of registration are also saved during registration on the website. This data is saved as it is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate offences. Thus, the storage of this data is necessary to ensure the security of the controller. This data is not shared with third parties unless there is a statutory obligation to disclose the data, or it is required for criminal prosecution.
We ask the data subject to register by voluntarily providing personal data which allows us, the controller, to offer the data subject content or services that, due to their nature, may only be offered to registered users. Registered persons may, at any time, have the personal data provided during registration amended or completely deleted from the controller’s data system.
The data controller shall at any time upon request provide the data subject with information about which personal data are stored about them. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory obligations for their storage. The data subject may contact any member of the processing controller’s staff for this purpose.
Owing to legal requirements, the website of Walther Flender GmbH contains information that enables our company to be contacted quickly by electronic means, as well as enabling direct communication with us, including via our general electronic mail address (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, their personal data are automatically stored. Such personal data is transmitted on a voluntary basis by a data subject to the data controller and stored for processing or contacting the data subject. This personal data is not shared with third parties.
Insofar as we send newsletters or other kinds of direct advertising to our business partners with which we have a long-term relationship, or to potential new customers that use products our services like ours, processing of data is lawful if it is required to send the materials (especially e-mail address) (article 6, paragraph 1, lit. f. GDPR).
If processing of your personal data interferes with your interests, you may withdraw your consent. This includes cases where data processing is not required to fulfil contractual obligations with you, as we will demonstrate in the following description of functions. When submitting your withdrawal of consent, we ask you to please explain the reasons why we should not process your personal data in the usual way. If your request for withdrawal of consent is justified, we will examine the matter and either cease processing your data, adjust processing accordingly, or explain to you the compelling and legitimate grounds on which we will continue processing the data.
You may withdraw consent for the processing of your personal data for advertising and data analysis purposes at any time. You can notify your contact person at our company of your intention to withdraw consent.
The data controller shall process and store the data subject’s personal data only for as long as is necessary to achieve its intended purpose, or insofar as this is granted by the EU or other legislators to which the controller is subject.
If the purpose of storage does not apply, or if the storage period designated by the EU or another competent legislator expires, the personal data are routinely blocked or deleted in accordance with legal requirements.
a) Right to confirmation
The EU grants each data subject the right to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to avail themselves of this right to confirmation, they may contact any of our employees at any time.
b) Right of access
The EU grants each data subject the right to obtain information from the controller about their personal data held on file at no cost and at any time, as well as receive a copy of this information. EU directives and regulations further grant the data subject access to the following information:
c) Right to rectification
The EU grants each data subject the right without undue delay to request the rectification of any inaccurate personal data concerning him or her. Taking into account the purposes of its processing, the data subject shall also have the right to have incomplete personal data completed, including by means of a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may contact any of the controller’s employees at any time.
d) Right to erasure (right to be forgotten)
The EU grants each data subject the right to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, insofar as processing is not necessary:
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of their personal data stored by Walther Flender GmbH, he or she may contact any of the controller’s employees at any time. The employees at Walther Flender GmbH shall ensure that the requested information is deleted immediately.
Where the data controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, Walther Flender GmbH, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the public personal data that the data subject has requested the erasure by such controllers of any links to this personal data, or copy or replication of those personal data, insofar as processing is no longer necessary. Staff at Walther Flender GmbH will arrange for the necessary measures to be taken on a case-by-case basis.
e) Right to restriction of processing
The EU grants each data subject the right to obtain from the controller restriction of processing where one of the following applies:
f) Right to data portability
The EU grants each data subject the right to receive personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. They shall also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided insofar as processing is based on consent pursuant to item (a) of Article 6(1) GDPR or item (a) of Article 9(2) GDPR, or on a contract pursuant to item (b) of Article 6(1) GDPR, and the processing is carried out by automated means, as long as processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising their right to data portability pursuant to Article 20(1) GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may contact the employees of Walther Flender GmbH at any time.
g) Right to object
The EU grants each data subject the right to object at any time on grounds relating to his or her particular situation to the processing of personal data concerning them, in accordance with item (e) or (f) of Article 6(1) GDPR. This also applies to profiling based on these provisions.
Walther Flender GmbH will no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If Walther Flender GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to the processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Walther Flender GmbH processing for direct marketing purposes, Walther Flender GmbH will no longer process their personal data for these purposes.
In addition, the data subject has the right, on grounds relating to their particular situation, to object to Walther Flender GmbH processing personal data concerning them for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) GDPR, unless processing is necessary for the performance of a task carried out in the public interest.
To assert the right to object, the data subject may contact the staff of Walther Flender GmbH directly or another employee at any time. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use their right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
The EU grants each data subject the right not to a decision based solely on automated processing, including profiling, which produces legal effects concerning them, or similarly significantly affects them insofar as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, Walther Flender GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, they may contract a member of the controller’s staff at any time.
i) Right to withdraw data protection consent
The EU grants each data subject the right to withdraw their consent to the processing of their personal data at any time.
If the data subject wishes to exercise the right to withdraw consent, they may contact a member of the controller’s staff at any time.
The data controller shall collect and process applicants’ personal data for the purpose of processing an application. Processing may also be carried out electronically. This is particularly relevant if an applicant submits documents to the controller by e-mail or via a contact form on the controller’s website.
The data controller process the application data using software provided by softgarden e-Recruiting GmbH, Tauentzienstr. 14, 10789 Berlin, Germany (www.softgarden.de) under the vacancy portal link. In this respect, softgarden e-Recruiting GmbH shall process the data entered under this link by you on behalf of Walther Flender GmbH. If you use the vacancy portal careers tool on our website, the data you provide us with shall initially be passed onto our Human Resources department via the softgarden.de website, which is provided by softgarden e-recruiting GmbH, for the purpose of further processing and verification. We have concluded a processing contract with softgarden e-recruiting GmbH in accordance with Art. 28 of the GDPR.
If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If the controller does not conclude an employment contract with the applicant, the application documents shall be erased no later than three years after notification of the refusal decision. The controller is considered to have a legitimate interest in the storage of application data if the purpose is to meet the requirement to retain evidence to prevent claims under the German General Act Equal Treatment (AGG), for which claims can be made within the three-year statutory period of limitation.
The controller’s website contains built-in Facebook components. Facebook is a social network.
A social network is a social meeting place on the Internet, an online community, which generally allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to create private profiles, upload photos, and network through friend requests etc.
The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a data subject lives outside of the United States or Canada, the controller responsible for processing personal data is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
Each time an individual page of this website, which is operated by the controller and which features a built-in Facebook component (Facebook plug-in), is accessed, the web browser on the data subject’s IT system is automatically prompted by the Facebook component to download and display the corresponding Facebook component. An overview of all Facebook plug-ins is available at https://developers.facebook.com/docs/plugins/?locale=de_DE. During the course of this technical procedure, Facebook tracks exactly which pages of our site the data subject visits.
If the data subject is logged into Facebook and accesses our website at the same time, Facebook tracks throughout the entire duration of their visit to our website exactly which pages of our website the data subject has visited. This information is collected through the Facebook plug-in and assigned to the data subject’s respective Facebook account. If the data subject clicks on one of the Facebook buttons integrated into our website, e.g. the “Like” button, or if the data subject submits a comment, Facebook matches this information with the data subject’s personal Facebook account and stores that personal data.
If the data subject is logged into Facebook when they access our website, Facebook is always informed via the Facebook plug-in of the visit to our site; this occurs regardless of whether the data subject clicks on the Facebook plug-in. If the data subject does not wish for this information to be shared with Facebook to, they may prevent this by logging out of their Facebook account prior to accessing our website.
The data privacy guideline published by Facebook and available at https://facebook.com/about/privacy/ provides information about the collection, processing and use of personal data by Facebook. It also explains the setting options on Facebook that protect the privacy of the data subject. Additionally, there are also different applications available which prevent data from being transmitted to Facebook. These applications may be used by the data subject to prevent data from being transmitted to Facebook.
The controller’s website contains built-in Google Analytics components (with an anonymisation feature). Google Analytics is a web analysis service. Web analytics is the collection, gathering, and analysis of data in relation to how visitors behave on websites. A web analysis service collects data about the website from which a person has come (the ‘referrer’), which pages were visited, or how often and for how long a page was viewed etc. Web analytics are mainly used to optimise a website and to carry out a cost-benefit analysis of Internet advertising.
The operator of the Google Analytics plug-in is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.
The controller uses the application “_gat. _anonymizeIp” for web analysis using Google Analytics. The application lets Google truncate and anonymise the IP address of the data subject’s Internet connection when accessing our websites from a European Union Member State or another state contracting to the Agreement on the European Economic Area.
The Google Analytics plug-in is used to analyse the traffic on our website. Google uses the collected data and information to evaluate the use of our website and to compile online reports etc. which show website activity, and to provide us with other services concerning the use of our Internet site.
Google Analytics sets a cookie on the data subject’s IT system. Cookies have been explained above. Google Analytics sets a cookie on the data subject’s IT system. Each time an individual page of this website, which is operated by the controller and which features a built-in Google Analytics plug-in, is accessed, the web browser on the data subject’s IT system is automatically prompted by Google Analytics to transmit data to Google for the purpose of online analysis. During the course of this technical procedure, Google tracks personal information, such as the IP address of the data subject, which lets Google understand where visitors and clicks come from etc, and subsequently allows for commission settlements to be created.
The cookie is used to store personal information, such as time of access, access location, and how often the data subject visits our website. With each visit to our Internet site, such personal data, including the IP address linked to the data subject’s Internet connection, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. In certain circumstances, Google may share with third parties personal data collected through that technical procedure.
For further information about Google and its privacy provisions, see https://www.google.com/intl/en/policies/privacy/ and http://www.google.com/analytics/terms/us.html. Google Analytics is explained in more detail at the following link https://www.google.com/analytics/.
The controller’s website contains built-in YouTube components. YouTube is an online video portal that enables video publishers to upload video clips at no cost and also allows other users to view, review and comment on videos for free. YouTube allows all kinds of videos to be published on its site, which is why both entire movies and TV broadcasts, as well as music videos, trailers, and videos made by users themselves can be accessed via the online portal.
The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, UNITED STATES. YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.
Each time an individual page of this website, which is operated by the controller and features a built-in YouTube component (YouTube video), is accessed, YouTube automatically prompts the web browser on the data subject’s IT system to download and display the corresponding YouTube video. For further information about YouTube, see https://www.youtube.com/yt/about/en/. During the course of this technical procedure, YouTube and Google track which pages on our website are visited by the data subject.
As long as the data subject is logged into YouTube while accessing a page containing a YouTube video, YouTube will recognise the specific page of our website visited by the data subject. This information is collected through YouTube and Google, and is assigned to the data subject’s YouTube account.
If the data subject is logged into YouTube when they access our website, YouTube and Google can always track the data subject’s visits to our site via the YouTube video; this occurs regardless of whether the data subject clicks on the YouTube video. If the data subject does not wish for this information to be shared with YouTube, they may prevent sharing by logging out of their YouTube account prior to accessing our website.
The data privacy guideline published by YouTube is available at https://www.google.de/intl/de/policies/privacy/ and provides information about the collection, processing and use of personal data by YouTube and Google.
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we have obtained consent for a specific purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations necessary for carrying out pre-contractual measures, as is the case with inquiries concerning our products or services. If our company is subject to a legal obligation which requires processing of personal data, such as for the fulfilment of tax obligations, processing is based on Art. 6(1) lit. c GDPR. In rare cases, processing of personal data may be necessary to protect the essential interests of the data subject or another natural person. That would be the case, for example, if a visitor were injured in our company and we had to share his name, age, health insurance data or other essential information with a doctor, hospital or other third parties. In that case, processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Art. 6(1) lit. d GDPR. This legal basis is used for processing operations which are not covered by any of the aforementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Such processing operations are permissible in particular because they have been specifically mentioned by the EU. It considered that a legitimate interest could be assumed if the data subject is a client of the controller (recital 47, sentence 2 GDPR).
Where the processing of personal data is based on Article 6(1) lit. f GDPR, our legitimate interest is to carry out our business in favour of the welfare of all our employees and shareholders.
The respective statutory retention period is used to determine the duration for which personal data is stored. The corresponding data is routinely deleted after that period has expired, as long as it is no longer required to fulfil or initiate the contract.
We would like to clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for the data subject to provide us with personal data when concluding a contract, which we subsequently have to process. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with them. The non-provision of personal data would mean the contract could not be concluded with the data subject. The data subject must contact one of our employees prior to providing their personal data. Our staff will explain to the data subject whether the provision of the personal data is required by law, contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of not providing personal data.
As a responsible company, we do not use automated decision-making or profiling.
(Last updated: April 2018)