We are glad about your visit to the website of F & K DELVOTEC GmbH (hereinafter „F & K DELVOTEC“ or „we“) at https://www.fkdelvotec.com (hereinafter the „Website“).
The processing of personal data on, and through, the Website is made in compliance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (GFDPA). In this data privacy statement, we inform you of the collection of personal data from data subjects on, and through, the Website in accordance with Article 13 GDPR. In this data privacy statement, the definitions in Article 4 GDPR apply.
1. Name and contact details of the controller
The controller for the processing of personal data in accordance with this data privacy statement is:
F & K DELVOTEC GmbH
Address: Daimlerstraße 5-7, 85521 Ottobrunn
2. Contact details of the data protection officer
3. Purposes and legal bases of the processing of personal data
If you visit or use the Website, we will collect, process and use your personal data for the following purposes.
3.1 Collection and processing of personal data upon a visit to the Website
Upon a visit to the Website, we collect and process only that information and those personal data which are automatically transmitted to us by your Internet browser such as:
That information and those personal data are required to correctly deliver the contents of the Website, to optimise the contents of, and advertising for, the Website, as well as to warrant network and information security, and to protect the Website against attacks and damage.
The personal data and information collected on that basis are evaluated by F & K DELVOTEC GmbH statistically and for the purpose of enhancing data protection and data security in order to warrant a level of protection for the personal data processed by us which is adequate given the risk. The personal data collected when you access the website, in particular, the user’s IP address, will be deleted, at the latest, seven days from their collection, unless an attack or a threat by the user was discovered.
To the extent that we collect and use personal data of the user such as, in particular, the user’s IP address, upon an access to the Website, the legal basis therefor is Article 6(1)(f) GDPR, as that processing is necessary to safeguard the legitimate interests of F & K DELVOTEC GmbH. The legitimate interests of F & K DELVOTEC GmbH pursued thereby are the enhancement of data protection and data security in order to warrant a level of protection for the personal data processed by F & K DELVOTEC GmbH which is adequate given the risk, to warrant network and information security, and to optimise the Website and protect the Website against attacks and damage.
3.2 Contacting through the Website
You can contact F & K DELVOTEC GmbH while providing your personal data. You can send messages to us to the email addresses stated on the Website. In that case, we will receive your email address and (if applicable) personal data contained in the email.
If a contact form is provided on the Website, through which you can contact us, the personal data transmitted by you to us in that respect will result from the relevant contact form on the Website.
The personal data so transmitted to us will be collected and processed to process your contact request.
The legal basis for the processing of those personal data is Article 6(1)(b) GDPR, as the processing is necessary for the performance of a contract between F & K DELVOTEC GmbH and the data subject or in order to take steps at the request of the data subject prior to entering into a contract.
3.3 Merchandise Redelivery Process
We have introduced the MRP (Merchandise Redelivery Process) in order to make the settlement of your return deliveries or repairs easier and quicker. By that process, your return deliveries and repairs will be clearly allocated and processed efficiently. You fill in the MRP form, which is available on the Website, and send us the completed form, including all key details regarding your return delivery of merchandise, to the stated email address. We will promptly notify you of your MRP number. The MRP number is your authorisation to redeliver that article to us. The MRP number will be valid two months from its notification.
In connection with that process, personal data will be collected and processed. Those personal data result from the MRP form. Basically, those personal data will be the name of the contact, the contact’s email address and phone number.
The purpose of the collection and processing of those personal data is the implementation of the return delivery or repair procedure. The legal basis therefor is the first sentence of Article 6(1)(b), as the processing is necessary for the performance of a contract.
In using the Website, cookies will be used. The purpose of cookies is the personalisation of the Website for your visit and the facilitation of the use of the Website. Cookies” are small text files which the Website transmits to the cookies file of the Internet browser on your terminal device and which are kept there for a later retrieval, so that the Website can, inter alia, remember who you are. Typically, a cookie will include the name of the domain from where it was set, the “lifetime” of the cookie and a unique identifier. The following types of cookies are used on the Website:
If you do not want to accept cookies or Web Beacons of the Website, you can deactivate them and object to the access to information stored before by setting your Internet browser accordingly. The settings of your browser which allow you to do this vary from browser to browser and can normally be found under “Data Protection” or “Cookies” of the “Internet Options” or “Settings” menu of your browser. If you need help to deactivate or delete cookies, you should use the “Help” menu in your browser. Details regarding the management and deletion of cookies, as well as relevant instructions for the most common browsers, are available, for example, at www.meine-cookies.org. Please note, however, that you may not be able to use all of the interactive features and functions of the Website if cookies and/or Web Beacons are blocked or deleted.
Where cookies are used with your consent, and if personal data of the user are collected and processed thereby, the legal basis therefor will be the first sentence of Article 6(1)(a) GDPR, and in other respects the first sentence of Article 6(1)(f) GDPR, as that processing is necessary to safeguard our legitimate interests. The legitimate interests pursued by us thereby are the personalisation of the Website for the visit by the user and to make the use of the Website easier.
4. Recipients of personal data / Transmission to a third country
Within our organisation, only those departments or employees will have access to the user’s data who require them to perform their contractual and statutory duties or to safeguard our legitimate interests.
Personal data of users will only be transmitted to third parties (a) in connection with the performance of a contract, or (b) to comply with statutory requirements, according to which we are obliged to provide information, to make a notification or to transmit data, or (c) if the data transmission is in the public interest, or (d) if external service providers process the data on our behalf or by way of an assumption of functions, or (e) on the basis of our legitimate interest or the legitimate interest of a third party, or (f) if you have given your consent to a transmission to third parties.
Your personal data will not be transmitted to a third country.
5. Duration of the storage of personal data
We will process and store your personal data for the duration of the business relationship between you and us. This also includes the initiation of a contract (pre-contractual legal relationship) and the settlement of a contract.
In addition, we will process and store the personal data if this is necessary as a result of statutory retention and documentation duties. Those duties result, inter alia, from the German Commercial Code and the German Fiscal Code. The retention, or documentation, periods provided therein are up to 10 years after the end of the business relationship or the pre-contractual legal relationship.
Furthermore, other statutory provisions may require a longer retention period such as, for example, the preservation of evidence in connection with statutory limitation rules. Pursuant to §§ 195 et seq. German Civil Code, the regular limitation period is three years; in certain cases, however, limitation periods of up to 30 years may apply.
If the data are no longer necessary to perform contractual or statutory duties and rights, they will be deleted, unless their further processing is necessary for purposes which are justified by an overriding legitimate interest within the meaning of the first sentence of Article 6(1)(f) GDPR. We will, for example, have an overriding legitimate interest if a deletion, owing to the special type of storage, is impossible, or only possible at disproportionately high expense, and if the processing for other purposes is excluded by appropriate technical and organisational measures.
6. Your rights as a data subject
You have the following rights:
7. Your duty to provide personal data and potential consequences of a failure to provide personal data
The provision of personal data is necessary to use the Website. If the personal data are not provided, it will be possible that the Website cannot be used, or can only be used with limited functionality.
8. No automated decision-making
We do not carry out automated decision-making within the meaning of Article 22(1) GDPR which will be legally effective as against you or will substantially impair you in another manner.
9. Modifications of this data privacy statement
On a case-by-case basis, it will be necessary to adapt and modify the contents of this data privacy statement. Therefore, F & K DELVOTEC GmbH reserves the right to modify this data privacy statement and will provide the modified version on the Website and inform the data subject in advance, if F & K DELVOTEC GmbH intends to process the personal data for a different purpose.
1. Right to object owing to a particular situation
You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you which is made on the basis of Article 6(1)(e) (public interest) or Article 6(1)(f) (data processing on the basis of the weighing of interests) of the GDPR; this applies also to any profiling based on those provisions. F & K DELVOTEC GmbH will no longer process the personal data, unless F & K DELVOTEC GmbH is able to demonstrate compelling legitimate grounds which override your interests, rights and freedoms, or the processing serves the establishment, exercise of defence of legal claims.
2. Exercise of the right to object
The right to object may be exercised without a specific form, for example, by post to F & K DELVOTEC GmbH, Geschäftsleitung, Daimlerstrasse 5-7, D-85521 Ottobrunn,
or by email to email@example.com