Data Privacy Statement
Last revised: May 24, 2018
I. Name and address of the person responsible
The person responsible within the meaning of the EU General Data Protection Regulation (GDPR) and other national data protection laws of the member states as well as other data protection regulations is:
frutra GbR
Wolfgang Baumann, Samuel Fürle
Lindemattenstraße 25
79117 Freiburg
Germany
Phone: +49761/429626-49,
E-mail: info@frutra.com
Websites: www.frutra.de, www.frutra.com, trade.frutra.de, trade.frutra.com
The firm is a private corporation (Gesellschaft bürgerlichen Rechts – "GbR") due to section 705 and following of the German Civil Code (Bürgerliches Gesetzbuch – "BGB") and is represented by its partners Wolfgang Baumann and Samuel Fürle.
II. General information on data processing
1. Scope of the processing of personal data
We only process personal data of our users if this is necessary to provide a functional website as well as our contents and services. The processing of personal data of our users takes place regularly only after consent of the user. An exception applies in those cases where prior consent cannot be obtained for real reasons and the processing of the data is permitted by law.
2. Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. A GDPR serves as the legal basis. In the processing of personal data required for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.
Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.
In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6(1)(d) GDPR serves as the legal basis.
If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for processing.
3. Data erasure and storage time
The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage ceases to apply. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.
III. Provision of the website and creation of log files
1. Description and scope of data processing
You can visit our website without providing any personal information. Each time a website is called up, the web server merely automatically saves a so-called server log file which, for example, contains the name of the requested file, your IP address, date and time of the call, the amount of data transmitted and the requesting provider (access data) and documents the call.
When using our platform as a registered member of trade.frutra.de or trade.frutra.com, our system automatically collects data and information from the computer system of the calling computer.
The following data is collected:
· information about the browser type and version used
· the user's operating system
· the user's Internet service provider
· name of the user
· the IP address of the user
· date and time of access
The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.
2. Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GDPR.
3. Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this the IP address of the user must remain stored for the duration of the session.
The data is stored in log files to ensure the functionality of the website. In addition, the data serves us to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
Our legitimate interest in data processing pursuant to Art. 6 para. 1 lit. f GDPR also lies in these purposes.
4. Duration of storage
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
If the data is stored in log files, this is the case after seven days at the latest. Further storage is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.
5. possibility of opposition and elimination
The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.
IV. Use of cookies
1. Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. If a user visits a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that enables a unique identification of the browser when the website is called up again.
We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.
2. Legal basis for data processing
The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f GDPR.
3. Purpose of data processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For this it is necessary that the browser is recognized even after a page change.
For these purposes, our legitimate interest also lies in the processing of personal data in accordance with Art. 6 para. 1 lit. f GDPR.
4. Duration of storage, possibility of objection and elimination
Cookies are stored on the user's computer and transmitted to our site. Therefore, you as a user also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.
V. Google Maps
On this website we use the offer of Google Maps. This allows us to display interactive maps directly on the website and enables you to conveniently use the map function.
By visiting the website, Google receives the information that you have called up the corresponding subpage of our website. In addition, the data mentioned under III.1 will be transmitted. This is regardless of whether Google provides a user account that you are logged in with or whether no user account exists. If you are logged in to Google, your information will be directly associated with your account. If you do not wish to be associated with your profile on Google, you must log out before activating the button. Google stores your data as usage profiles and uses them for purposes of advertising, market research and/or demand-oriented design of its website. Such evaluation takes place in particular (even for unlogged-in users) to provide demand-oriented advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right.
For more information about the purpose and scope of data collection and its processing by the plug-in provider, please refer to the provider's privacy policy. There you will also find further information about your rights in this regard and setting options for the protection of your privacy: http://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
VI. Newsletter
1. Description and scope of data processing
You can subscribe to our free newsletter. When registering for the newsletter, the data from the input mask is transmitted to us, i.e. first and last name, company and e-mail address.
In addition, the following data is collected upon registration:
IP address of the calling computer
the date and time of registration
In the course of the registration process, your consent is obtained for the processing of the data and reference is made to this data protection declaration.
If you register as a user on frutra, the e-mail address provided as your user name can subsequently be used by us to send you a newsletter. In such a case, the newsletter will only send direct advertising for similar goods or services of our own.
In connection with data processing for the dispatch of newsletters, no data is passed on to third parties. The data will be used exclusively for sending the newsletter.
2. Legal basis for data processing
The legal basis for the processing of the data after registration for the newsletter by the user is Art. 6 para. 1 lit. a GDPR.
The legal basis for sending the newsletter to you as a registered member is § 7 para. 3 UWG.
3. Purpose of data processing
The collection of the user's e-mail address serves to send the newsletter.
The collection of other personal data as part of the registration process serves to prevent misuse of the services or the e-mail address used.
4. Duration of storage
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. The user's e-mail address will therefore be stored for as long as the newsletter subscription is active or the user is a registered member.
5. Possibility of opposition and elimination
The subscription to the newsletter can be cancelled by the user concerned at any time. For this purpose there is a corresponding link in every newsletter.
VII. Registration
1. Description and scope of data processing
frutra, with its essential content, can only be used as a B2B internet trading platform by registered members. The registration data is entered in an input mask and transmitted to us and saved. This includes in particular the name, e-mail address and data of the respective company, which as a rule are not personal data. In connection with the collection of data, we point out that information is mandatory. In the course of the registration process, the user's consent to the processing of this data is obtained.
2. Legal basis for data processing
The legal basis for the processing of data is Art. 6 para. 1 lit. A and b GDPR.
3. Purpose of data processing
We use the data provided by you to process contracts and your enquiries. Furthermore, the provisions of section 5 German Telemedia Act (Telemediengesetz – "TMG") must be observed.
4. Duration of storage
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected.
This is the case for those during the registration process to fulfil a contract or to carry out pre-contractual measures when the data is no longer required for the execution of the contract. Even after conclusion of the contract, it may still be necessary to store personal data of the contractual partner in order to fulfil contractual or legal obligations.
Perpetual obligations require the storage of personal data during the term of the contract. In addition, warranty periods must be observed and the storage of data for tax purposes. Which storage periods are to be observed cannot be determined across-the-board, but must be determined for the contracts and contractual parties concluded in each individual case.
5. Possibility of opposition and elimination
As a registered member you have the possibility to cancel the registration at any time. You can change the data stored about you at any time under “My frutra”.
If the data is required to fulfil a contract or to carry out pre-contractual measures, premature deletion of the data is only possible insofar as there are no contractual or statutory obligations to the contrary.
VIII.E-mail contact
1. Description and scope of data processing
You can contact us via the e-mail addresses provided. In this case, the user's personal data transmitted by e-mail will be stored.
In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.
2. Legal basis for data processing
The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f GDPR. If the e-mail contact aims at the conclusion of a contract, then additional legal basis for the processing is Art. 6 exp. 1 lit. b GDPR.
3. Purpose of data processing
In the event of contact by e-mail, this also constitutes the necessary legitimate interest in the processing of the data.
4. Duration of storage
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. For the personal data sent to us by e-mail, this is the case when the conversation with the user has ended. The conversation is terminated when it can be inferred from the circumstances that the facts in question have been finally clarified.
5. Possibility of opposition and elimination
If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.
In this case, please contact us at privacy@frutra.com.
All personal data stored in the course of contacting us will be deleted in this case.
IX. Disclosure of your data to contractors and third parties
As part of processing on our behalf, a third party provider provides us with hosting and website presentation services. This serves to protect our legitimate interests in a correct presentation of our offer, which predominate within the scope of a balancing of interests. All data collected in the context of the use of this website or in forms provided for this purpose, as described below, are processed on its servers. Processing on other servers only takes place in the framework described here.
This service provider is located within a country of the European Union or the European Economic Area. Data processing takes place within the European Union.
Our newsletter is sent within the framework of a processing on our behalf by a service provider to whom we pass on your e-mail address for this purpose. This service provider is also located within a country of the European Union or the European Economic Area. Data processing takes place within the European Union.
Furthermore, your personal data will only be transmitted to third parties if you have given your prior consent pursuant to Art. 6 para. 1 sentence 1 lit. a GDPR or if a legal permission within the meaning of Art. 6 para. 1 sentence 1 lit. c GDPR exists.
X. Rights of the data subject
If personal data are processed by you, you are affected within the meaning of the GDPR and you have the following rights vis-à-vis the person responsible:
1. Right to information
You can ask the person in charge to confirm whether personal data concerning you will be processed by us.
If such processing has taken place, you can request the following information from the person responsible:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or are still being disclosed;
(4) the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
(5) the existence of a right to rectification or deletion of personal data concerning you, a right to limitation of processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) any available information on the origin of the data if the personal data are not collected from the data subject;
(8) the existence of automated decision-making including profiling in accordance with Art. 22 para. 1 and 4 GDPR and - at least in these cases - meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transmission.
2. Right to correction
You have a right of rectification and/or completion vis-à-vis the data controller if the personal data processed concerning you are incorrect or incomplete. The person responsible shall make the correction without delay.
3. Right to limitation of processing
Under the following conditions, you may request that the processing of personal data concerning you be restricted:
(1) if you dispute the accuracy of the personal data concerning you for a period that enables the data controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
(3) the data controller no longer needs the personal data for the purposes of the processing, but you do need them to assert, exercise or defend legal claims, or
(4) if you have filed an objection to the processing pursuant to Art. 21 para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the person responsible outweigh your reasons.
If the processing of personal data concerning you has been restricted, such data may only be processed - apart from being stored - with your consent or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.
If the processing restriction has been restricted according to the above conditions, you will be informed by the person responsible before the restriction is lifted.
4. Right to cancellation
a) Duty to delete
You may request the data controller to delete the personal data relating to you without delay and the controller is obliged to delete this data without delay if one of the following reasons applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent, on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR, and there is no other legal basis for the processing.
(3) You file an objection against the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you file an objection against the processing pursuant to Art. 21 para. 2 GDPR.
(4) The personal data concerning you have been processed unlawfully.
(5) The deletion of personal data relating to you is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.
(6) The personal data concerning you were collected in relation to information society services offered pursuant to Art. 8 para. 1 GDPR.
b) Information to third parties
If the data controller has made the personal data concerning you public and is obliged to delete it pursuant to Art. 17 para. 1 GDPR, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data processors who process the personal data that you as the data subject have requested the deletion of all links to this personal data or of copies or replications of this personal data.
c) Exceptions
The right to cancellation does not exist insofar as the processing is necessary
(1) to exercise freedom of expression and information;
(2) for the performance of a legal obligation required for processing under the law of the Union or of the Member States to which the controller is subject or for the performance of a task in the public interest or in the exercise of official authority conferred on the controller;
(3) for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, insofar as the law referred to under a) is likely to make it impossible or seriously impair the attainment of the objectives of such processing, or
(5) to assert, exercise or defend legal claims.
5. Right to information
If you have exercised your right to have the data controller correct, delete or limit the processing, he/she is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction on processing, unless this proves impossible or involves a disproportionate effort.
The person responsible shall have the right to be informed of such recipients.
6. Right to data transferability
You have the right to receive the personal data concerning you that you have provided to the person responsible in a structured, common and machine-readable format. In addition, you have the right to pass this data on to another person in charge without obstruction by the person in charge to whom the personal data was provided, provided that
(1) processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
(2) processing is carried out by means of automated methods.
In exercising this right, you also have the right to request that the personal data concerning you be transferred directly from one data controller to another data controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to transferability shall not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority conferred on the controller.
7. Right of objection
You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you under Article 6(1)(e) or (f) of the DSBER; this also applies to profiling based on these provisions.
The data controller no longer processes the personal data concerning you, unless he can prove compelling reasons worthy of protection for the processing, which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling, insofar as it is associated with such direct marketing.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility to exercise your right of objection in connection with the use of Information Society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.
8. Right to revoke the data protection declaration of consent
You have the right to revoke your data protection declaration of consent at any time. The revocation of consent shall not affect the legality of the processing carried out on the basis of the consent until revocation.
9. Right of appeal to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right of appeal to a supervisory authority, in particular in the Member State where you are staying, working or suspected of infringing, if you believe that the processing of personal data concerning you is contrary to the GDPR.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.
The data protection supervisory authority responsible for frutra GbR is the
State Commissioner for Data Protection and Freedom of Information Baden-Württemberg.
Contact:
Königstraße 10 a
70173 Stuttgart Germany
Phone: +49711/615541-0
Fax: +49711/615541-15
E-mail: poststelle@lfdi.bwl.de