Privacy Policy
Name and contact details of the controller pursuant to Article 4(7) GDPR
FORMA GmbH
Managing Directors: Frank Wich-Heiter, Klaus Bruchmann
Am Peunt 17
96257 Redwitz / Trainau, Germany
Phone +49 (0) 921 151 26 78-0
info@forma-gmbh.de
Security and protection of your personal data
We regard it as one of our primary duties to safeguard the confidentiality of the personal data you provide and to protect it from unauthorised access. We therefore apply the utmost care and state-of-the-art security standards to ensure maximum protection of your personal data.
As a private-sector company, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). We have taken technical and organisational measures to ensure that data protection regulations are observed both by us and by our external service providers.
Definitions
The legislator requires that personal data be processed lawfully, fairly and in a manner that is transparent to the data subject ("lawfulness, fairness and transparency of processing"). To ensure this, we inform you below of the individual legal definitions that are also used in this privacy policy:
1. Personal data
"Personal data" means any information relating to an identified or identifiable natural person (hereinafter "data subject"); an identifiable natural person is one 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.
2. Processing
"Processing" means any operation or set of operations performed on personal data or on sets of personal data, whether or not by automated 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.
3. Restriction of processing
"Restriction of processing" means the marking of stored personal data with the aim of limiting its processing in the future.
4. Profiling
"Profiling" means any form of automated processing of personal data consisting of using 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.
5. Pseudonymisation
"Pseudonymisation" means the processing of personal data in such a way that the data can no longer be attributed to a specific data subject without the 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 is not attributed to an identified or identifiable natural person.
6. Filing system
"Filing system" means any structured set of personal data which is accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.
7. Controller
"Controller" means the 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 by Union or Member State law.
8. Processor
"Processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
9. Recipient
"Recipient" means a natural or legal person, public authority, agency or other body to which personal data is disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of that data by those public authorities shall comply with the applicable data protection rules according to the purposes of the processing.
10. Third party
"Third party" means a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor, and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
11. Consent
"Consent" of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to them.
Lawfulness of processing
The processing of personal data is only lawful if a legal basis exists for the processing. Pursuant to Article 6(1) lit. a – f GDPR, the legal basis for processing may in particular be:
- a. the data subject has given consent to the processing of their personal data for one or more specific purposes;
- b. processing is necessary for the performance of a contract to which the data subject is party, or in order to take steps at the request of the data subject prior to entering into a contract;
- c. processing is necessary for compliance with a legal obligation to which the controller is subject;
- d. processing is necessary to protect the vital interests of the data subject or of another natural person;
- e. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- f. processing is necessary for the purposes of the legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Information on the collection of personal data
(1) Below we inform you about the collection of personal data when using our website. Personal data includes, for example, name, address, email addresses, and user behaviour.
(2) If you contact us by email, the data you provide (your email address, and where applicable your name and phone number) will be stored by us in order to answer your questions. We delete the data arising in this context once storage is no longer necessary, or restrict its processing if statutory retention obligations apply.
Collection of personal data when visiting our website
In the case of merely informational use of the website, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure stability and security (the legal basis is Art. 6(1) sentence 1 lit. f GDPR):
- IP address
- Date and time of the request
- Time zone difference from Greenwich Mean Time (GMT)
- Content of the request (specific page)
- Access status/HTTP status code
- Volume of data transferred in each case
- Website from which the request originates
- Browser
- Operating system and its interface
- Language and version of the browser software.
Use of cookies
(1) In addition to the data mentioned above, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive, associated with the browser you use, through which certain information flows to the party that sets the cookie. Cookies cannot execute programs or transmit viruses to your computer. They serve to make the overall internet offering more user-friendly and effective.
(2) This website uses the following types of cookies, the scope and function of which are explained below:
- Transient cookies (see a.)
- Persistent cookies (see b.).
- a. Transient cookies are automatically deleted when you close your browser. These include, in particular, session cookies. These store a so-called session ID, which can be used to associate various requests from your browser with the shared session. This allows your computer to be recognised when you return to our website. Session cookies are deleted when you log out or close your browser.
- b. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. You can delete the cookies at any time in the security settings of your browser.
- c. You can configure your browser settings as you wish and, for example, refuse to accept third-party cookies or all cookies. So-called "third-party cookies" are cookies set by a third party, i.e. not by the website you are currently visiting. Please note that disabling cookies may mean you are unable to use all the features of this website.
Further functions and services offered on our website
(1) In addition to the purely informational use of our website, we offer various services that you may use if you are interested. To do so, you generally need to provide further personal data, which we use to provide the relevant service and to which the data-processing principles mentioned above apply.
(2) In some cases we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions, and are checked regularly.
(3) We may also pass on your personal data to third parties if we offer promotions, competitions, contract conclusions or similar services jointly with partners. You will receive further information on this when you provide your personal data, or below in the description of the offer.
(4) Insofar as our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you of the consequences of this circumstance in the description of the offer.
Children
Our offering is generally aimed at adults. Persons under the age of 18 should not transmit any personal data to us without the consent of a parent or legal guardian.
Rights of the data subject
(1) Withdrawal of consent
Where processing of personal data is based on consent given, you have the right to withdraw that consent at any time. The withdrawal of consent does not affect the lawfulness of processing carried out on the basis of consent before its withdrawal.
You may contact us at any time to exercise your right of withdrawal.
(2) Right to confirmation
You have the right to request confirmation from the controller as to whether personal data concerning you is being processed. You can request this confirmation at any time using the contact details given above.
(3) Right of access
Where personal data is being processed, you may at any time request information about this personal data and the following details:
- a. the purposes of processing;
- b. the categories of personal data being processed;
- c. the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organisations;
- d. where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- e. the existence of a right to request rectification or erasure of personal data concerning you, or restriction of processing by the controller, or a right to object to such processing;
- f. the existence of a right to lodge a complaint with a supervisory authority;
- g. where the personal data is not collected from the data subject, any available information as to its source;
- h. the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) GDPR and — at least in those cases — meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Where personal data is transferred to a third country or to an international organisation, you have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer. We will provide a copy of the personal data that is subject to processing. For any further copies requested, we may charge a reasonable fee based on administrative costs. If you submit the request electronically, the information shall be provided in a commonly used electronic format, unless you specify otherwise. The right to obtain a copy shall not adversely affect the rights and freedoms of others.
(4) Right to rectification
You have the right to request that we rectify without undue delay any inaccurate personal data concerning you. Taking into account the purposes of processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
(5) Right to erasure ("right to be forgotten")
You have the right to request that the controller erase personal data concerning you without undue delay, and we are obliged to erase personal data without undue delay where one of the following grounds applies:
- a. The personal data is no longer necessary for the purposes for which it was collected or otherwise processed.
- b. The data subject withdraws consent on which the processing under Article 6(1)(a) or Article 9(2)(a) GDPR was based, and there is no other legal ground for the processing.
- c. The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
- d. The personal data has been unlawfully processed.
- e. Erasure of the personal data is required for compliance with a legal obligation under Union or Member State law to which the controller is subject.
- f. The personal data was collected in relation to information-society services offered pursuant to Article 8(1) GDPR.
Where the controller has made the personal data public and is obliged to erase it pursuant to paragraph 1, it shall take reasonable steps, taking account of available technology and the cost of implementation, including technical measures, to inform controllers processing the personal data that a data subject has requested the erasure of any links to, or copies or replications of, that personal data.
The right to erasure ("right to be forgotten") does not apply to the extent that processing is necessary:
- for exercising the right of freedom of expression and information;
- for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- for reasons of public interest in the area of public health pursuant to Article 9(2)(h) and (i) as well as Article 9(3) GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, insofar as the right referred to above is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
- for the establishment, exercise or defence of legal claims.
(6) Right to restriction of processing
You have the right to request that we restrict the processing of your personal data where one of the following applies:
- a. the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify its accuracy;
- b. the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of its use instead;
- c. the controller no longer needs the personal data for the purposes of processing, but it is required by the data subject for the establishment, exercise or defence of legal claims; or
- d. the data subject has objected to processing pursuant to Article 21(1) GDPR, pending verification as to whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted under the above conditions, such personal data shall, with the exception of storage, only be processed with the data subject's 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.
To exercise the right to restriction of processing, the data subject may contact us at any time using the contact details provided above.
(7) Right to data portability
You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format, and you have the right to transmit that data to another controller without hindrance from the controller to whom the personal data was provided, provided that:
- a. the processing is based on consent pursuant to Article 6(1)(a) or Article 9(2)(a), or on a contract pursuant to Article 6(1)(b) GDPR; and
- b. the processing is carried out by automated means.
In exercising the right to data portability under paragraph 1, you have the right to have personal data transmitted directly from one controller to another, where technically feasible. The exercise of the right to data portability shall not affect the right to erasure ("right to be forgotten"). This right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
(8) Right to object
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is based on Article 6(1)(e) or (f) GDPR; this also applies to profiling based on these provisions. The controller shall no longer process the personal data unless it can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the establishment, exercise or defence of legal claims.
Where personal data is processed for direct-marketing purposes, you have the right to object at any time to the processing of personal data concerning you for the purposes of such marketing; this also applies to profiling to the extent that it is related to such direct marketing. If you object to processing for direct-marketing purposes, the personal data will no longer be processed for these purposes.
In connection with 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.
You have the right, on grounds relating to your particular situation, to object to the processing of personal data concerning you for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1), unless the processing is necessary for the performance of a task carried out for reasons of public interest.
You may exercise your right to object at any time by contacting the relevant controller.
(9) Automated individual decision-making, 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 where the decision:
- a. is necessary for entering into, or the performance of, a contract between the data subject and the controller;
- b. is 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
- c. is based on the data subject's explicit consent.
The controller 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 their point of view and to contest the decision.
The data subject may exercise this right at any time by contacting the relevant controller.
(10) Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you also 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 you consider that the processing of personal data concerning you infringes this Regulation.
(11) Right to an effective judicial remedy
Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR, you have the right to an effective judicial remedy if you consider that your rights under this Regulation have been infringed as a result of the processing of your personal data in non-compliance with this Regulation.