Data Privacy Statement

1) Information about the collection of personal data and the controller’s contact data

1.1 We are pleased that you are visiting our Website and thank you for your interest. In the following we inform you about how your personal data are treated when you use our Website. Personal data are all data by which you can be personally identified.

1.2 The processing of data on this Website in accordance with the General Data Processing Regulations (GDPR) is controlled by FABEMA® GmbH, Hähn 10a, 51515 Kürten/Germany, Telephone: +492207-96580, Fax: +492207-965850, Email: info@fabema.de. The person that controls the processing of personal data is that natural or legal person that alone or jointly with others decides about the purposes and means of processing personal data.

1.3 . The controller has appointed a data protection officer, who can be reached as follows: Specialist attorney for IT law Nicole Hencinski, DIGIT@ LAW Rechtsanwälte, Mittelstraße 12-14, 50672 Cologne, Email: kanzlei@digita-law.de

2) Data collection during a visit to our Website

When using our Website for purely informative purposes, that is, when you do not register or otherwise send us information, we collect only such data as your browser sends to our server (what are known as "server log files"). When you access our Website, we collect the following data that we need technically to display the Website to you:

• Our visited Website
• Date and time of access
• Quantity in bytes of data sent
• Source/link from which you reach the Website
• Browser used
• Operating system used
• IP address used (if necessary, in anonymised form)

Processing is done in accordance with Art. 6 Para. 1 (f) GDPR on the basis of our legitimate interest in improving the stability and functionality of our Website. Data will not be passed on or used in any other way. However, we reserve the right to check the server log files retrospectively if there are specific indications of illegal use.

2.2. This Website uses SSL or TLS encryption for reasons of security to protect the transmission of personal data and other confidential content (such as orders or enquiries sent to the controlling officer). You can recognise an encrypted connection by the character string “https” and the padlock symbol on your browser bar.

3) Contacting us

When contacting us (e.g. by email), personal data are collected. These data are stored and used solely for the purpose of answering your request or for establishing contact and the technical administration associated with it. The legal basis for processing these data is our legitimate interest in responding to your request in accordance with Article 6 Para. 1 (f) GDPR. If the purpose of your contact is to conclude a contract, the additional legal basis for processing is Art. 6 Para. 1 (b) GDPR. Your data will be erased after your request has been finally processed. This will be the case if it can be inferred from the circumstances that the facts in question have been finally clarified and provided that there are no legal storage obligations to prevent erasure.

4) Use of customer data for direct advertising
Advertising by letter post


Advertising by letter post

Based on our legitimate interest in personalised direct advertising, we reserve the right to use your first and last name, your postal address and – insofar as we have received this additional information from you as part of the contractual relationship – your title, academic degree, year of birth and to store your job, industry or business name in accordance with Article 6 Para. 1 (f) GDPR and to use it to send you interesting offers and information about our products by letter post. You can object to the storage and use of your data for this purpose at any time by sending a message to the responsible person.

5) Site functionality

5.1. Microsoft Teams

For conducting online meetings, video conferences, and/or webinars, we use the following provider: Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA.

The provider processes various data, and the extent of data processing depends on the data you provide before or during your participation in an online meeting, video conference, or webinar. Your data will be processed as a communication participant and stored on the provider's servers. This may include your login details (name, email address, telephone number (optional), and password) and session data (topic, participant IP address, device information, description (optional)).

In addition, participants' audio and video contributions, as well as voice inputs in chats, can be processed. For the processing of personal data necessary for the performance of a contract with you (this also applies to processing operations required for the execution of pre-contractual measures), Article 6(1)(b) of the GDPR serves as the legal basis. If you have given us consent to process your data, the processing is based on Article 6(1)(a) of the GDPR. You can revoke your consent at any time with future effect.

Furthermore, the legal basis for data processing during the conduct of online meetings, video conferences, or webinars is our legitimate interest pursuant to Article 6(1)(f) of the GDPR in the effective execution of the online meeting, webinar, or video conference.

We have entered into a data processing agreement with the provider, which ensures the protection of data of our website visitors and prohibits unauthorized disclosure to third parties.

For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which, based on a European Commission adequacy decision, ensures compliance with the European level of data protection.

5.2. TeamViewer

For conducting online meetings, video conferences, and/or webinars, we use the following provider: TeamViewer Germany GmbH, Bahnhofsplatz 2, 73033 Göppingen, Germany.

The provider processes various data, and the extent of data processing depends on the data you provide before or during your participation in an online meeting, video conference, or webinar. Your data will be processed as a communication participant and stored on the provider's servers. This may include your login details (name, email address, telephone number (optional), and password) and session data (topic, participant IP address, device information, description (optional)).

In addition, audio and video contributions of participants, as well as voice inputs in chats, can be processed.

For the processing of personal data necessary for the performance of a contract with you (this also applies to processing operations required for the execution of pre-contractual measures), Article 6(1)(b) of the GDPR serves as the legal basis. If you have provided us with consent for the processing of your data, the processing is carried out on the basis of Article 6(1)(a) of the GDPR. Any consent given can be revoked by you at any time with effect for the future.

Furthermore, the legal basis for data processing during the conduct of online meetings, video conferences, or webinars is our legitimate interest pursuant to Article 6(1)(f) of the GDPR in the effective execution of the online meeting, webinar, or video conference.

We have entered into a data processing agreement with the provider, which ensures the protection of data of our website visitors and prohibits unauthorized disclosure to third parties.

5.3. Tools and miscellaneous Applications for advertised jobs sent by email

On our Website we advertise currently vacant positions in a separate section, for which interested persons can apply by email to the contact address provided. Inclusion in the application process requires that applicants provide us by email with the application all the personal data required for a well-founded and informed assessment and selection.

The required information includes general personal information (name, address, a telephone or electronic contact option) as well as performance-specific evidence of the qualifications required for a position. It may also be necessary to provide health-related information, which in the interest of social protection must be taken into account in the person of the applicant under particular labour and social law.

Which elements an application must contain in individual cases in order to be considered and the form in which these elements are to be sent by email can be found in the respective job advertisement.

After receipt of the application sent using the email contact address provided, the applicant data will be stored by us and evaluated exclusively for the purpose of processing the application. For questions that arise in the course of processing we use at our discretion either the email address provided by the applicant with his application or a stated telephone number.

The legal basis for this processing, including contacting for queries, is Article 6 Para. 1 (b) GDPR (for processing in Germany in conjunction with Section 26 Para. 1 BDSG), according to which going through the application process is regarded as initiation of an employment contract. Insofar as special categories of personal data within the meaning of Article 9 Para. 1 GDPR (e.g. health data such as information on severely disabled status) are requested from applicants as part of the application process, processing is done in accordance with Article 9 Para. 2 (b) GDPR so that we can exercise our rights under labour law and social security and social protection law and comply with our obligations in this regard.

Cumulatively or alternatively, processing of the special data categories can also be based on Art. 9 Para. 1 (h) GDPR if done for the purposes of health or occupational health care or to assess the applicant’s capacity for work, for medical diagnosis, provision of treatment in the area of health or social care, or for the administration of systems and services in the area of health or social care.

If the applicant is not selected in the course of the evaluation described above or if an applicant withdraws his application prematurely, his data transmitted by email and all electronic correspondence including the original application email will be erased after 6 months at the latest after proper notification. This period is based on our legitimate interest in being able to answer any follow-up questions about the application and, if necessary, in being able to meet our obligations under the regulations to provide evidence on the equal treatment of applicants.

In the event of a successful application the data provided will be further processed on the basis of Article 6 Para. 1 (b) GDPR (for processing in Germany in conjunction with Section 26 Para. 1 BDSG) for the purposes of establishing the employment relationship.

6) Rights of the data subject

The applicable data protection law grants you in relation to the controlling person with regard to the processing of your personal data the following data subject rights (rights to information and intervention), about which we inform you in the following:

• Right to information according to Art. 15 GDPR: In particular you have a right to information about your personal data processed by us, the purposes of processing, the categories of personal data processed, the recipients or categories of recipients to whom your data were or will be disclosed, the planned storage period or the criteria for the determination of the storage period, the existence of a right to correction, erasure, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if they were not collected from you by us, the existence of automated decision-making including profiling and, if necessary, meaningful information about the logic involved and the scope in respect of you and the intended effects of such processing, as well as your right to be informed which guarantees according to Art. 46 GDPR exist when your data is forwarded to third countries;

• Right to rectification in accordance with Art. 16 GDPR: You have the right to immediate rectification of incorrect data concerning you and/or completion of your incomplete data stored by us;

• Right to erasure in accordance with Art. 17 GDPR: You have the right to request the erasure of your personal data if the requirements of Art. 17 Para. 1 GDPR are met. However, this right particularly does not apply if the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;

• Right to restriction of processing according to Art. 18 GDPR: You have the right to request the restriction of the processing of your personal data while the accuracy of your data disputed by you is being checked, if you refuse to erase your data because of inadmissible data processing and instead request the restriction of the processing of your data, if you need your data to assert, exercise or defend legal claims after we no longer need these data after fulfilling the purpose or if you have lodged an objection for reasons of your particular situation, as long as it is not yet clear whether our legitimate reasons predominate;

• Right to information according to Art. 19 GDPR: If you have asserted the right to correction, erasure or restriction of processing against the controlling person, the controlling person is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or erasure of the data or restriction of processing, unless this proves to be impossible or involves a disproportionate effort. You have the right to be informed about these recipients.

• Right to data portability in accordance with Art. 20 GDPR: You have the right to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request transmission to another person responsible, insofar as this is technically feasible.

• Right to revoke granted consent in accordance with Art. 7 Para. 3 GDPR: You have the right to revoke your consent to the processing of data at any time with effect for the future. In the event of revocation we will erase the data concerned immediately, unless further processing can be based on a legal basis for processing without consent. Revocation of consent does not affect the legality of the processing carried out on the basis of consent up to the point of revocation;

• Right to lodge a complaint in accordance with Art. 77 GDPR: If you believe that the processing of your personal data breaches the GDPR, you have – without prejudice to any other administrative or judicial remedy – the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or place of the alleged infringement.

6.2 RIGHT OF OBJECTION:

IF WE PROCESS YOUR PERSONAL DATA AS PART OF A BALANCING OF INTERESTS BASED ON OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE FOR REASONS THAT ARISE FROM YOUR PARTICULAR SITUATION.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR PROCESSING THAT OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.

IF YOUR PERSONAL DATA ARE PROCESSED BY US IN ORDER TO CONDUCT DIRECT ADVERTISING, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING. YOU CAN EXERCISE THE OBJECTION AS DESCRIBED ABOVE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.

7) Duration of storage of personal data

The duration of the storage of personal data depends on the respective legal basis, the purpose of processing and – if relevant – also on the statutory retention period (e.g. commercial and tax retention periods).

When processing personal data on the basis of an express consent in accordance with Article 6 Para. 1 (a) GDPR, these data will be stored until the data subject revokes his consent.

If there are statutory retention periods for data that are processed as part of legal or similar obligations on the basis of Article 6 Para. 1 (b) GDPR, these data will be routinely erased after the retention period has expired, provided that they are no longer required to fulfil or initiate a contract and/or we have no legitimate interest in further storage.

When personal data are processed on the basis of Article 6 Para. 1 (f) GDPR, they are stored until the data subject exercises his or her right to object under Article 21 Para. 1 GDPR, unless we can provide compelling protection-worthy reasons for processing that outweigh the interests, rights and freedoms of the data subject, or processing serves to assert, exercise or defend legal claims.

When processing personal data for the purpose of direct advertising on the basis of Article 6 Para. 1 (f) GDPR, these data are stored until the data subject exercises his right of objection under Article 21 Para. 2 GDPR.

Unless otherwise stated in the other information in this statement about specific processing situations, stored personal data will also be erased when they are no longer necessary for the purposes for which they were collected or otherwise processed.