FOCKE & CO’s data protection declaration is based on the terms used by the European Directive and Regulation legislator when issuing the General Data Protection Regulation (hereinafter referred to as “GDPR”).

Our privacy statement should be easy to read and understand for the public as well as for our customers and business partners. In order to guarantee this, we would like to explain the terms used in advance.

We use the following terms in this privacy statement, among others:

• Personal data
  personal data means any information relating to an identified or identifiable natural person (‘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.
• Data subject
  data subject means any identified or identifiable natural person whose personal data are processed by the controller.
• Processing
  processing means any operation or set of operations which is 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.
• Restriction of processing
  restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.
• Profiling
  means any form 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
  pseudonymisation means the processing of personal data in such a manner that the personal 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 are not attributed to an identified or identifiable natural person.
• Controller or processing controller
  controller or processing 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.
• Processor
  processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
• Recipient
  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 in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients
• Third party
  means a 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
  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 FOCKE & CO Websites collects a series of general data and information each time a data subject or an automated system accesses the websites. This general data and information is stored in the log files of the server. The following can be recorded

• browser types and versions used,
• the operating system used by the accessing system,
• the website from which an accessing system enters our websites (so-called Referrer),
• the sub-sites, which are accessed via an accessing system on our website,
• the date and time of access to the website,
• an Internet protocol address (IP address),
• the Internet service provider of the accessing system, and
• other similar data and information used to prevent threats in the event of attacks on our information technology systems.

When using this general data and information, FOCKE & CO does not draw any conclusions about the data subject. Rather, this information is needed in order to

• to deliver the contents of our website correctly,
• to optimize the content of our website as well as the advertising for it,
• to ensure the long-term operability of our information technology systems and the technology of our websites, and
• to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber attack.

This anonymously collected data and information is therefore evaluated by FOCKE & CO both statistically and with the aim of increasing data protection and data security in our company to ensure ultimately an optimum level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by the data subject.

We will inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may result from contractual provisions (e.g. information on the contractual partner). Occasionally, it may be necessary for a person to provide us with personal data which we must subsequently process in order to conclude a contract. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Not providing personal data would mean that the contract could not be concluded with the data subject. Before the data subject provides personal data, the data subject may contact our data protection officer. Our data protection officer informs the data subject on an individual basis whether the provision of the personal data is required by law or contract, or is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data and what consequences the non-provision of the personal data would have.

On the website of FOCKE & CO you have the possibility to subscribe to the newsletter of our company. The personal data transmitted to the data controller when subscribing to the newsletter is determined by the input mask used for this purpose. FOCKE & CO informs its customers and business partners regularly by means of a newsletter about offers of the company. Our company’s newsletter can only be received by the data subject if

1. a) the data subject has a valid e-mail address; and
2. b) the data subject registers to receive the newsletter.

For legal reasons, a confirmation e-mail in the double opt-in procedure is being sent to the registered e-mail address of the data subject the first time for sending the newsletter. This confirmation e-mail verifies whether the owner of the e-mail address, as the data subject, is authorized to receive the newsletter.

When registering for the newsletter, we also store the IP address assigned by the Internet Service Provider (ISP) to the computer system used by the data subject at the time of registration as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a data subject at a later point in time and therefore serves as legal protection for the data controller.

The personal data collected during registration for the e-mail newsletter will only be used to send our newsletter. Furthermore, subscribers to the newsletter may be informed by e-mail if this is necessary for the operation of the newsletter service or registration, as might be the case in the event of changes to the newsletter service or technical conditions. The personal data collected within the scope of the newsletter service will not be passed on to third parties. The subscription to our newsletter can be cancelled by the data subject at any time. The consent to the storage of personal data, which the data subject has given us for the newsletter dispatch, can be revoked at any time. For the purpose of the revocation of the consent a link is in each newsletter. It is also possible to unsubscribe from receiving the newsletter at any time directly on the website of the data controller or by informing the processing controller in any other way. The legal basis for the processing of personal data is Article 6 para. 1 lit. a GDPR. The processing is carried out with the consent of the data subject.

The website of FOCKE & CO contains, in accordance with legal regulations, information that enables quick electronic contact with our company and direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the data controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted voluntarily by a data subject to the data controller will be stored for the purposes of processing or contacting the data subject. This personal data will not be passed on to third parties. The personal data will be deleted as soon as they are no longer required for the purpose of processing them.

FOCKE & CO has a legitimate interest in data processing. The processing is necessary for the answering of inquiries as well as for the acceptance of revocations of data subjects. The legal basis is Article 6 para. 1 lit. f GDPR.

In order to make visiting our website attractive and to enable the use of certain functions, we use so-called cookies on various pages.
These are small files that are stored on your end device.

Some of the cookies we use are deleted after the end of the browser-session, i.e. after closing your browser (so-called session cookies).
Other cookies remain on your end device and enable us to recognize your browser during your next visit (persistent or permanent cookies). You can configure your browser so that you are informed about the setting of cookies and decide individually whether to accept them or whether to exclude the acceptance of cookies in certain cases or in general. If cookies are not accepted, the functionality of our website may be restricted.

 

Functions of cookies used

• Essential cookies: These cookies are absolutely necessary for the functions of the web pages.
• Functional cookies: These cookies facilitate the operation and improve the functions of the web pages. For example, we store your language settings in functional cookies.
• Performance cookies: These cookies collect information about how you use our website. This enables us to identify which parts of our Internet offer are particularly popular and thus improve our offer for you. This enables us to tailor the content of our website more specifically to your needs and thus improve our services for you. The information collected with these cookies are not personal.
• Third-party cookies: Third party cookies are not set by the operator of the visited website, but by a third party who sets his own cookies via the operator’s website. In the following, we will inform you if a third party sets a cookie via our website.

Deletion of cookies
You will find the exact instructions in the manual of your browser or terminal device. If you do not accept cookies, this may result in limited availability of the services offered on our website.

 

The legal basis for the use of cookies is Article 6 para. 1 S. 1 lit. f GDPR. We have a legitimate interest in the use of cookies to ensure the functionality of our website.

This website uses Google Analytics, a web analysis service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter referred to as “Google”) (www.google.de). Google Analytics uses methods that enable the analysis of your use of the website, such as so-called “cookies”, files that are stored on your end device. The information gathered about your use of this website is generally transmitted to and stored by Google on servers in the United States. By activating IP anonymisation on this website, the IP address is shortened before transmission within the member states of the European Union or to other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. The anonymous IP address transmitted by your browser as part of Google Analytics is not merged with other Google data.

You can prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and Google from processing this data by downloading and installing the browser plug-in available under the following link:

http://wbs.is/rom89.

As an alternative to the browser plug-in, you can click the following button to prevent Google Analytics from capturing data on this website in the future. An opt-out cookie is stored on your end device. If you delete your cookies, you have to click the button again.

Exclude here from tracking by set this button off.

For the exceptional cases in which personal data is transmitted to the USA, Google has submitted to the EU-US Privacy Shield:

https://www.privacyshield.gov/EU-US-Framework

The legal basis for the use of Google Analytics is Article 6 para. 1 S. 1 lit. f GDPR. FOCKE & CO has a legitimate interest in the use of Google Analytics in order to analyse and regularly improve the use of its website. The statistics obtained allow FOCKE & CO to improve its services and make them more interesting for the user.

Some of our websites contain embedded content from YouTube. YouTube is a video portal of YouTube LLC, Cerry Ave, 94066 San Bruno, CA, USA. (hereinafter referred to as “YouTube”).

YouTube is a subsidiary company of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter referred to as “Google”).

As soon as you visit one of our websites that has a YouTube video embedded on it, a connection is established to a YouTube server in the USA. This connection is necessary in order to display the video on our website via your Internet browser. Thereby it is transmitted to the YouTube server which of our websites you have visited. In addition, YouTube will at least collect and process your IP address, the date and time of your visit and the website you visited.

If you are logged into YouTube as a member, YouTube will assign this information to your personal account. By clicking on the start button of a video, this information is also assigned to your user account. You can prevent this assignment by logging out of your YouTube account and other YouTube LLC and Google LLC accounts before using our site.

YouTube stores your data as usage profiles and uses them for the purposes of advertising, market research, and/or the need-based design of its website. Such evaluation is carried out in particular (even for users who are not logged in) 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 have to contact YouTube to carry this out.

YouTube permanently stores cookies on your end device via your Internet browser for the purpose of functionality and analysis of user behaviour. If you do not agree with this processing, you have the option of preventing the cookies from being saved by making a setting in your Internet browser. You will find more detailed information on this above in the section “Use of cookies”.

Further information on the purpose and scope of data collection and processing by YouTube can be found in the Privacy Statement. There you will also find further information on your rights and setting options to protect your privacy:

https://policies.google.com/privacy?hl=en-GB&gl=de

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

The legal basis for the use of YouTube is Article 6 para. 1 lit. f GDPR. Our legitimate interest is to make our website more attractive and to improve its quality.

On the Focke Customer Portal FOCKE & CO provides information sourced from Focke as machine manufacturer and the Focke customers as machine owner for the use of shared business. With our digital products and services, Focke supports his customers in the realization of strategic and operational digital transformation goals.
Focke will use the portal for close cooperation with their customers, including the mutual exchange of various data for different application described in the following chapters.
The legal basis for the use of the Focke Customer Portal is Article 6 para. 1 lit. f GDPR. Our legitimate interest is to optimize the services for our customer and to improve the support we can do.
Personal data are only processed in regards with the registration / log in to the Focke Customer Portal. The personal data transmitted to the data controller when register / log in to the Focke Customer Portal is determined by the input mask used for this purpose.
None of these data will be forwarded to external.

FOCKE & CO is provides to its customer a spare part catalogue. With the new technology, this catalogue gets interactive by using 3D files. With this access customer have the possibility to use the 3D viewer as function of the Focke Customer Portal.
The legal basis for the use of the3D Spare parts catalogue is Article 6 para. 1 lit. b GDPR. For this application, only personal data described in chapter 3 are used.

With the use of the Focke Service App FOCKE & CO provides information sourced from Focke as machine manufacturer and the Focke customers as machine owner for the use of shared business. With our digital products and services, Focke supports his customers in the realization of strategic and operational digital transformation goals.
FOCKE & CO will use the Focke Service App for close cooperation with their customers, including the mutual exchange of various data for different application described in the following chapters
The legal basis for the use of the Focke Service App is Article 6 para. 1 lit. f GDPR. Our legitimate interest is optimize the services for our customer and to improve the support we can do.
Personal data are only processed in regards with the registration / log in to the Focke Customer Portal. The personal data transmitted to the data controller when register / log in to the Focke Service App is determined by the input mask used for this purpose.
None of these data will be forwarded to external.

FOCKE & CO provides to its customer for the machines a spare part catalogue. With this application, the customer can scan a QR-Code at the machine or may sign in with a machine number to download (f.ex. as pdf-file), store and use the machine documentation.
For the scanning of the QR-Code the camera of the mobile device is in operation, but it will not be used for any other purpose.
The legal basis for the use of the3D Spare parts catalogue is Article 6 para. 1 lit. b GDPR. For this application, only personal data described in chapter 3 are used.

After an installation of a machine modification, f. ex. the installation of a format change kit, with this application the customer can reply to FOCKE & CO to update the design files. FOCKE & CO provides with the delivery documentation a sheet with a QR-Code, which allows by scanning the direct access to the relevant order, to confirm the installation
For the scanning of the QR-Code the camera of the mobile device is in operation, but it will not be used for any other purpose.
The legal basis for the use of the3D Spare parts catalogue is Article 6 para. 1 lit. b GDPR. For this application, only personal data described in chapter 3 are used.

We always keep this privacy statement up to date. Therefore, we may change this statement from time to time and amend the processing of your data. In particular, changes in the law, changes in jurisdiction or changes in our internal processes may make it necessary to adapt this privacy statement.

The current version of the privacy statement is always available in the section “Privacy” on our website.

You have the right to check, change or delete the personal data provided to us at any time by contacting our data protection officer or by sending us an e-mail at datenschutz@focke.de.

You also have the right to revoke your consent at any time with effect for the future.

The deletion of the stored personal data takes place if you revoke your consent to storage.

The controller processes and stores the personal data of the data subject only for the period of time necessary to achieve the storage purpose, or if provided by the European directive and regulation legislator or another legislator in laws or regulations, to which the controller is subject.

If the storage purpose no longer applies or if a period of storage prescribed by the European Directive and Regulation Body or another competent legislator expires, the personal data shall be locked or deleted routinely and in accordance with the statutory provisions.

Any person subject to the processing of personal data has the right, granted by the European directive and regulation legislator, to obtain from the controller, at any time, free of charge, information concerning the personal data which have been stored relating to that person. In addition, the European legislator has provided the data subject with the following information:

• the processing purposes
• the categories of personal data processed
• the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations
• if possible, the planned duration for which the personal data will be stored or, if that is not possible, the criteria for determining that duration
• the existence of a right to the correction or erasure of personal data concerning the data subject or to the limitation of the processing carried out by the controller or of a right to object to this processing
• the existence of a right of appeal to a supervisory authority
• if the personal data is not collected from the data subject: All available information on the origin of the data
• the existence of automated decision-making including profiling in accordance with Article 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 on the data subject

The data subject also has the right to know whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in connection with the transfer.

If a data subject wishes to exercise this right of information, he or she can contact our data protection officer or the controller directly at any time.

Any data subject by the processing of personal data has the right, granted by the European directive and regulation legislator, to request the correction without delay of inaccurate personal data concerning him or her. Furthermore, the data subject shall have the right, taking into account the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary statement.

If a data subject wishes to exercise this right of correction, he or she can contact our data protection officer or the controller directly at any time.

Any person subject to the processing of personal data shall have the right, granted by the European directive and regulation legislator, to obtain from the controller the erasure without delay of personal data relating to him or her, if one of the following reasons applies and as far as the processing is not necessary:

• The personal data has been collected or otherwise processed for purposes for which it is no longer necessary.
• The data subject withdraws his consent on which the processing was based pursuant to Article 6 para. 1 lit. a GDPR or Article 9 para. 2 lit. a GDPR and there is no other legal basis for the processing.
• The data subject objects to the processing pursuant to Article 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing or the data subject objects to the processing according to Article 21 para. 2 GDPR.
• Personal data has been processed unlawfully.
• The deletion of personal data is necessary to fulfil a legal obligation under European law or the law of a Member States to which the data controller is subject.
• The personal data has been collected in relation to information society services offered pursuant to Article 8 para. 1 GDPR.

If one of the above-mentioned reasons applies and a data subject wishes to have personal data stored at FOCKE & CO deleted, he can contact our data protection officer or the controller directly at any time. The data protection officer or the controller will ensure that the request for deletion is complied with immediately.

If the personal data has been made public by FOCKE & CO and if our company as the controller is obliged to delete the personal data in accordance to Article 17 para. 1 GDPR, FOCKE & CO shall take appropriate measures, also of a technical nature, taking into account the available technology and the implementation costs, in order to inform other controllers who process the published personal data that the data subject has requested the deletion of all links to this personal data or copies or replications of this personal data from these other controllers, insofar as the processing is not necessary. The data protection officer of FOCKE & CO or the controller will take the necessary steps in individual cases.

Any person subject to the processing of personal data has the right, granted by the European directive and regulation legislator, to request the controller to limit the processing if one of the following conditions is met:

• The accuracy of the personal data is challenged by the data subject for a period of time which allows the data controller to verify the accuracy of the personal data.
• The processing is unlawful, the data subject refuses the deletion of the personal data and instead requests the restriction of the use of the personal data.
• The controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the assertion, exercise or defence of legal claims.
• The data subject has lodged an objection against the processing pursuant to Article 21 para. 1 GDPR and it is not yet clear whether the legitimate reasons of the data controller outweigh those of the data subject.

If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored at FOCKE & CO, he can contact our data protection officer or the controller directly at any time. The data protection officer of FOCKE & CO or the controller will arrange for the processing to be restricted.

Any person subject to the processing of personal data has the right, granted by the European directive and regulation legislator, to obtain personal data concerning him or her provided by the data subject himself or herself to a controller in a structured, common and machine-readable format. It also has the right to communicate this data to another controller without being hindered by the controller to whom the personal data has been provided, if the processing is based on the consent pursuant to Article 6 para. 1 lit. a GDPR or Article 9 para. 2 lit. a GDPR or on a contract pursuant to Article 6 para. 1 lit. b GDPR and the processing is carried out by means of automated procedures, if the processing is not necessary for the performance of a task in the public interest or in the exercise of public authority assigned to the controller.

Furthermore, when exercising the right to data transferability according to Article 20 para. 1 GDPR, the data subject has the right to obtain that the personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and insofar as this does not impair the rights and freedoms of other persons.

In order to assert the right to data portability, the data subject may at any time contact our data protection officer or the controller directly.

Any person subject to the processing of personal data has the right granted by the European directive and regulation to object at any time to the processing of personal data concerning him on the basis of Article 6 para. 1 lit. e or f GDPR for reasons arising from the particular situation. This also applies to profiling based on these provisions.

FOCKE & CO will no longer process the personal data in the event of objection, unless we can prove compelling reasons worthy of protection for the processing, which outweigh the interests, rights and freedoms of the data subject or serve the processing, assertion, exercise or defence of legal claims.

If FOCKE & CO processes personal data in order to conduct direct advertising, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is connected with such direct advertising. If the data subject objects to FOCKE & CO processing for the purposes of direct marketing, FOCKE & CO will no longer process the personal data for these purposes.

In addition, the data subject has the right to object to the processing of personal data concerning him by FOCKE & CO for scientific or historical research purposes or for statistical purposes pursuant to Article 89 para. 1 GDPR for reasons arising from the particular situation of the data subject, unless such processing is necessary for the performance of a task in public interest.

In order to exercise the right to object, the data subject may contact the data protection officer of FOCKE & CO directly or the person responsible directly.

Any person subject to the processing of personal data shall have the right, granted by the European directive and regulation legislator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects upon him or her or significantly affects him or her in a similar manner, provided that the decision

• a) is not necessary for the conclusion or fulfilment of a contract between the data subject and the controller or
• b) is authorised by legislation of the EU or of the Member States to which the controller is subject and contains appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or
• c)takes place with the explicit consent of the data subject.

Is the decision

• a) necessary for the conclusion or fulfilment of a contract between the data subject and the person responsible, or
• b) if it takes place with the explicit consent of the data subject, FOCKE & CO shall take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain the intervention of a person on the side of the controller, to present one’s own position and to challenge the decision.

Any data subject by the processing of personal data has the right, granted by the European directive and regulation legislator, to revoke consent to the processing of personal data at any time.

If the data subject wishes to exercise his/her right to revoke his/her consent, he/she can contact our data protection officer or the controller directly at any time.

Pursuant to Article 77 GDPR, every data subject has the right to lodge a complaint at any time with a supervisory authority, in particular with a supervisory authority in the Member State of his/her place of residence, workplace or place of presumed infringement, if the data subject is of the opinion that the processing of personal data relating to the data subject violates data protection regulations.

If you have any questions regarding the collection, processing or use of your personal data, for information, correction, locking or deletion of data as well as revocation of consents given or objection to a specific use of data, please contact our data protection officer directly or send an e-mail to datenschutz@focke.de.

 

No.	Date	Contex
1.0	27.03.2019	Initial creation
1.1	15.01.2020	Integration Focke Customer Portal (Chapter 10ff) and Focke Service App (Chapter 12ff)