Privacy Policy in accordance with the GDPR

Controller within the meaning of data protection law
Gebrüder Fabian GmbH
Schnackenburgallee 192
22525 Hamburg
represented by:
Thorsten Fabian, Managing Director
info@gebrueder-fabian.de

Contact details of our Data Protection Officer:

Gebrüder Fabian GmbH
Schnackenburgallee 192
22525 Hamburg
Yvonne Martin
datenschutzbeauftragter@gebrueder-fabian.de

The controller is not obliged to appoint a data protection officer.

II. General information on data processing

1 Scope of the processing of personal data

We generally process the personal data of our users only to the extent necessary to provide a functional website as well as our content and services. The processing of personal data of our users is regularly carried out only with the user’s consent. An exception applies in cases where obtaining prior consent is not possible for factual reasons and the processing of the data is permitted by statutory provisions.

2. Legal basis for the processing of personal data

If we obtain the consent of the data subject for processing operations of personal data, Art. 6 para. 1 lit. a of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
When processing personal data necessary 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 necessary for carrying out pre-contractual measures.

If processing of personal data is necessary for compliance with 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 vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. 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 the processing.

3. Data deletion and storage period

The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. Storage may also occur if this has been provided for by the European or national legislator in EU regulations, laws, or other provisions to which the controller is subject. Blocking or deletion of the data will also occur when a storage period prescribed by the above-mentioned standards expires, unless further storage of the data is necessary for the conclusion or performance of a contract.

III. Provision of the website and creation of log files

1. Description and scope of data processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing device.
The following data is collected:

(1) Information about the browser type and version used
(2) The user’s operating system
(3) The user’s IP address
(4) Date and time of access
(5) Websites from which the user’s system accesses our website

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 the data and the log files is Art. 6 para. 1 lit. f GDPR.

3. Purpose of data processing

Temporary storage of the IP address by the system is necessary to deliver the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.

Storage in log files is carried out to ensure the functionality of the website. In addition, the data helps us to optimize the website and ensure the security of our IT systems. No analysis of the data for marketing purposes is carried out in this context.

These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f GDPR.

4. Storage period

The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of data collection for the provision of the website, this is the case when the respective session ends.

In the case of storage of data in log files, this occurs after no more than seven days. Longer storage is possible. In this case, the IP addresses of the users are deleted or anonymized so that assignment of the accessing client is no longer possible.

5. Possibility of objection and removal

The collection of data for the provision of the website and the storage of data in log files is essential for the operation of the website. Therefore, there is no possibility of objection on the part of the user.

IV. Contact form and email contact

1. Description and scope of data processing

A contact form is available on our website, which can be used for electronic communication. If a user makes use of this option, the data entered in the input form will be transmitted to us and stored. This data is:

In each case, from the client and the delivery location:
Company
Contact person
Address
Telephone

as well as:
Container type

At the time the message is sent, the following data is also stored:

(1) The user’s IP address
(2) Date and time of registration

For the processing of the data, your consent is obtained during the submission process, and reference is made to this privacy policy.

Alternatively, contact is possible via the provided email address. In this case, the user’s personal data transmitted with the email will be stored.

There is no disclosure of the data to third parties in this context. The data is used exclusively for processing the conversation.

2. Legal basis for data processing

The legal basis for the processing of data, if the user has given consent, is Art. 6 para. 1 lit. a GDPR.

The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 para. 1 lit. f GDPR. If the email contact aims at concluding a contract, the additional legal basis for processing is Art. 6 para. 1 lit. b GDPR.

3.Purpose of data processing

The processing of personal data from the input form is solely for processing the contact request. In the case of contact via email, this also constitutes the necessary legitimate interest in processing the data.

Any other personal data processed during the submission process serves to prevent misuse of the contact form and to ensure the security of our IT systems.

4. Storage period

The data will be deleted as soon as it is no longer required for achieving the purpose for which it was collected. For personal data from the contact form and those sent by email, this is the case when the respective conversation with the user is finished. The conversation is deemed finished when it can be inferred from the circumstances that the relevant matter has been conclusively clarified.

The additional personal data collected during the submission process will be deleted no later than seven days thereafter.

5. Possibility of objection and removal

The user has the right to withdraw their consent to the processing of personal data at any time. If the user contacts us by email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.

All personal data stored in the course of contacting us will be deleted in this case.

V. Rights of the data subject

If your personal data is processed, you are a data subject within the meaning of the GDPR and have the following rights vis-à-vis the controller:

1. Right of access

You may request confirmation from the controller as to whether personal data concerning you is being processed.
If such processing is taking place, you can request information from the controller about the following:

(1) the purposes for which the personal data is processed;
(2) the categories of personal data processed;
(3) the recipients or categories of recipients to whom the personal data concerning you has been disclosed or will be disclosed;
(4) the planned duration of the storage of the personal data concerning you or, if specific information is not possible, criteria for determining the storage period;
(5) the existence of a right to rectification or deletion of the personal data concerning you, a right to restriction of processing by the controller, or a right to object to such processing;
(6) the existence of a right to lodge a complaint with a supervisory authority;
(7) all available information on the source of the data if the personal data was not collected from the data subject;
(8) the existence of automated decision-making, including profiling, pursuant to Art. 22 paras. 1 and 4 GDPR and, at least in such cases, meaningful information about the logic involved as well as the significance and envisaged consequences of such processing for the data subject.

You have the right to be informed whether the personal data concerning you is transferred to a third country or an international organization. In this context, you can request to be informed about the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.

2. Right to rectification

You have the right to obtain from the controller the rectification and/or completion of inaccurate or incomplete personal data concerning you. The controller must make the rectification without undue delay.

3. Right to restriction of processing

Under the following conditions, you may request the restriction of the processing of your personal data:

(1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
(3) the controller no longer needs the personal data for the purposes of the processing, but you require them for the establishment, exercise, or defence of legal claims; or
(4) if you have objected to processing pursuant to Art. 21 para. 1 GDPR and it has not yet been determined whether the legitimate grounds of the controller override your grounds.

Where processing of personal data concerning you has been restricted, such data shall, with the exception of storage, only be processed with your 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 a Member State.

If the restriction of processing has been lifted according to the above conditions, you will be informed by the controller before the restriction is lifted.

4. Right to erasure

a) Obligation to erase
You may request from the controller the erasure of personal data concerning you without undue delay, and the controller is obliged to erase such data without undue delay where one of the following grounds applies:
(1) the personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
(2) you withdraw your consent on which the processing is based according to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR, and where there is no other legal ground for the processing;
(3) you object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 para. 2 GDPR;
(4) the personal data concerning you have been unlawfully processed;
(5) the erasure of the personal data concerning you is required for compliance with a legal obligation in Union or Member State law to which the controller is subject;
(6) the personal data concerning you have been collected in relation to the offer of information society services referred to in Art. 8 para. 1 GDPR.

b) Information to third parties
Where the controller has made the personal data concerning you public and is obliged pursuant to Art. 17 para. 1 GDPR to erase them, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers processing the personal data that you, as the data subject, have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

c) Exceptions
The right to erasure does not apply to the extent that processing is necessary:
(1) for exercising the right of freedom of expression and information;
(2) for compliance with a legal obligation which requires processing by 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;
(3) for reasons of public interest in the area of public health in accordance with 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 statistical purposes in accordance with Art. 89 para. 1 GDPR, in so far as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(5) for the establishment, exercise, or defence of legal claims.

5. Right to notification

If you have exercised your right to rectification, erasure, or restriction of processing against the controller, the controller is obliged to communicate this to all recipients to whom the personal data concerning you have been disclosed, unless this proves impossible or involves disproportionate effort.

You have the right to be informed by the controller about these recipients.

6. Right to data portability

You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used, and machine-readable format, and you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

(1) the 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) the processing is carried out by automated means.

In exercising this right, you also have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The freedoms and rights of others shall not be adversely affected thereby.

The right to data portability 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.

7. 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 Art. 6 para. 1 lit. e or f GDPR, including profiling based on those provisions.

The controller shall no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or for the establishment, exercise, or defence of legal claims.

Where personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, including profiling to the extent that it is related to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you shall no longer be processed for such purposes.

You may exercise your right to object in the context of the use of information society services, notwithstanding Directive 2002/58/EC, by automated means using technical specifications.

8. Right to withdraw data protection consent

You have the right to withdraw your consent under data protection law at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

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 shall not apply if the decision:

(1) is necessary for entering into, or performance of, a contract between you and the controller;
(2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights, freedoms, and legitimate interests; or
(3) is based on your explicit consent.

However, such decisions shall not be based on special categories of personal data referred to in Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g GDPR applies and suitable measures to safeguard your rights, freedoms, and legitimate interests are in place.

In the cases referred to in (1) and (3), the controller shall implement suitable measures to safeguard your rights, freedoms, and legitimate interests, including at least the right to obtain human intervention from the controller, to express your point of view, and to contest the decision.

10. Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you 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 relating to you infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant of the progress and outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

VI. Google Maps

This site uses the Google Maps map service via an API. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

To use the functions of Google Maps, it is necessary to store your IP address. This information is usually transmitted to a Google server in the USA and stored there. The controller of this site has no influence on this data transmission. The use of Google Maps is in the interest of an attractive presentation of our online offers and to make it easy to find the locations specified by us on the website. This constitutes a legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR.

More information on the handling of user data can be found in Google’s privacy policy:

www.google.de/intl/de/policies/privacy/ .

VII. Use of cookies

Our website uses so-called “cookies.” Cookies are small text files stored on your device by your browser. They cause no harm and do not contain viruses. Cookies serve to make our offer more user-friendly, effective, and secure.

Some cookies are essential and necessary for the website to function correctly (e.g., for navigation or access to secure areas of the website). Other cookies help us analyze user behavior or optimize marketing measures.

When you first visit the website, you can set via our cookie banner which cookies you would like to allow. You can withdraw or adjust your consent at any time via the corresponding settings in the cookie banner.

Further information on the cookies used can be found in the cookie settings.

VIII. Use of Matomo

We use Matomo (formerly Piwik) on our website, an open-source software for the statistical analysis of visitor access. The service is operated on our own server, so no data is passed on to third parties.

Matomo uses cookies that allow an analysis of website usage. The information generated about your use of this website is stored on our server. The IP address is anonymized before storage (IP masking).

The use of Matomo is based on Art. 6 para. 1 lit. f GDPR. We have a legitimate interest in the anonymized analysis of user behavior to optimize both our website and our offer.

If you do not agree to the storage and use of your data, you can object to storage and use at any time. In this case, an opt-out cookie will be stored in your browser that prevents Matomo from storing session data. Please note that if you delete your cookies, the opt-out cookie will also be deleted and may need to be reactivated.

IX. Embedding of YouTube videos

Our website embeds videos from the provider YouTube. The operator of the platform is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

When you visit a page with an embedded YouTube video, a connection to YouTube’s servers is established. The YouTube server is informed about which of our pages you have visited. If you are logged into your YouTube account, you enable YouTube to assign your browsing behavior directly to your personal profile. You can prevent this by logging out of your YouTube account.

The embedding of videos is done in “extended data protection mode.” This means that YouTube does not store cookies on your device at first. Only when you actively play a video can further data processing operations be triggered, over which we have no influence.

The use of YouTube takes place on the basis of your consent pursuant to Art. 6 para. 1 lit. a GDPR, provided you have given it via our cookie banner.

X. Embedding of Vimeo videos

Our website also embeds videos from the provider Vimeo. The provider is Vimeo Inc., 555 West 18th Street, New York, New York 10011, USA.

When you visit one of our pages with a Vimeo video, a connection to Vimeo’s servers is established. The Vimeo server is informed about which of our pages you have visited. Vimeo also receives your IP address – even if you are not logged in to Vimeo or do not have an account with Vimeo.

The use of Vimeo is based on your consent pursuant to Art. 6 para. 1 lit. a GDPR, provided you have given it via our cookie banner.