The data processing controller in the sense of the General Data Protection Regulation and other national data protection laws of the member states and of other data protection provisions is FRÄNKISCHE Rohrwerke Gebr. Kirchner GmbH & Co. KG and its EU-based subsidiaries in which FRÄNKISCHE Rohrwerke Gebr. Kirchner GmbH & Co. KG itself directly or indirectly holds a majority interest (FRÄNKISCHE Group).
Gebr. Kirchner GmbH & Co. KG
Hellinger Strasse 1
97486 Königsberg / Germany
Phone: +49 95 25 88-0
Fax: +49 95 25 88-150
II. Name and address of the data protection officer
The data protection officer of the controller is:
Henrik von Kunhardt
85276 Pfaffenhofen an der Ilm
Phone: +49 8441 47706-10
Fax: +49 8441 47706-20
III. General information on data processing
With the following information, we would like to provide you as a visitor of our website, as a customer or prospective user of our services, as a supplier or other data subject with an overview of our processing of your personal data and about your rights under data privacy law. Which data is processed in which case and the way they are used is based essentially on the desired or agreed-upon services. Therefore, not all of this information may apply to you.
- Scope of personal data processingWe only collect and use personal data of our customers, users of the website or other data subjects to the extent necessary in the respective processing context.
- Legal basis for processing personal dataAs far as we obtain consent from any data subject to our processing of their personal data, Art. 6 Para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis.When processing of personal data is required for the performance of a contract to which the data subject is the contractual party, Art. 6 Para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary for conducting pre-contractual measures.When processing of personal data is required for compliance with any legal obligation which our company is subject to, 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 make processing of personal data necessary, Art. 6 Para. 1 lit. d GDPR serves as the legal basis.When processing is required to maintain a legitimate interest of our company or of a third party, and when the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 Para. 1 lit. f GDPR serves as the legal basis for processing.
- Data erasure and storage periodThe personal data of the data subject will be erased or blocked as soon as the purpose for storage lapses. In addition, storage can take place if provided for by European or national legislators in EU ordinances, laws or other regulations which the controller is subject to. Data processing is restricted or data are erased also when a storage period stipulated in the standards referred to expires, unless there is a need for further storage of data for the conclusion of a contract or contractual performance.
IV. Processing of personal data by business partners
- Description and scope of data processing
As part of our cooperation with business partners, we process personal data of our customers’, suppliers’, prospective customers’, sales partners’ and cooperation partners’ contacts (hereinafter referred to as “Business Partners”). In particular, the following personal data are processed in this context:
- contact information such as first and last name, business address, business telephone number, business mobile number, business fax number and business e-mail address,
- payment data such as information required to perform payment transactions or for fraud prevention, including credit card information and card verification values,
- other information the processing of which is required as part of a project or the conduct of a contractual relationship with our company and that has been provided voluntarily by business partners, e.g., as part of orders placed, inquiries or details on projects,
- personal data retrieved from publicly available sources, information databases or credit agencies, and
- to the extent required by law as part of compliance screenings: date of birth, ID card and ID card numbers, information on relevant lawsuits or other legal disputes in which the business partners are involved.
FRÄNKISCHE processes these personal data for the following purposes:
- communicating with business partners on products, services and projects, e.g. in order to process inquiries by the business partner or provide technical information on products,
- planning, performing and administration of the contractual relationship between FRÄNKISCHE and the business partner, e.g., to process product and service orders, collect payments, for bookkeeping and invoicing purposes and to perform deliveries, maintenance work or repairs,
- carrying out customer surveys, marketing campaigns, market analyses, lotteries, competitions or similar campaigns and events,
- conducting customer satisfaction surveys and direct marketing,
- maintaining and protecting the safety of our products and services as well as our websites, preventing and detecting safety risks, fraudulent activities or other criminal actions or actions done with malice,
- complying with (i) legal requirements (e.g., retention obligations relating to tax and commercial law, see Section IV No. 3), (ii) existing obligations to perform compliance screenings (in order to prevent economic crime or money laundering), and (iii) policies of our company as well as industry standards, and
- settling legal disputes, enforcing existing contracts and enforcing, exercising and maintaining legal titles.
- Purposes of data processing and legal bases
Processing of personal data is required to achieve the above-mentioned purposes. Unless expressly stated otherwise at the time the personal data are collected, the legal basis for data processing is as follows:
- performing and fulfilling a contract with you pursuant to Art. 6 Para. 1 lit. b GDPR,
- fulfilling legal obligations FRÄNKISCHE is subject to pursuant to Art. 6 1 Para. 1 lit. c GDPR, or
- protecting FRÄNKISCHE’s legitimate interests pursuant to Art. 6 Para. 1 lit. f GDPR. The legitimate interest of FRÄNKISCHE is the initiation, performance and handling of the business relationship.
If you have expressly given your consent to the processing of your personal data in a given case, this consent is the legal basis for any processing pursuant to Art. 6 Para. 1 lit. a GDPR.
- Storage period
We process and store your personal data as long as this is required for the fulfilment of our contractual and legal obligations.
If the data are no longer required for the fulfilment of contractual or statutory obligations, they will be deleted regularly, unless their – temporary – further processing is necessary for the following purposes:
– compliance with legal obligations to retain data (e.g., retention obligations relating to tax and commercial law pursuant to the German Commercial Code (Handelsgesetzbuch, HGB) and the German Fiscal Code (Abgabenordnung, AO)). The terms for retention and documentation required by law are typically two to ten years.
– conservation of evidence within the framework of the statute of limitations. In accordance with Sections 195 et seq. of the German Civil Code (Bürgerliches Gesetzbuch, BGB), these limitation periods may be up to 30 years, however, the regular period of limitation is 3 years.
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VI. Provision of the website and creation of logfiles
- Description and scope of data processingWith every access to our website, our system automatically collects data and information from the computer system of the accessing computer.In particular, the following data are processed in this context:
(1) information about the browser type and version used
(2) the operating system of the user
(3) the internet service provider of the user
(4) the IP address of the user
(5) the date and time of access
(6) websites from which the system of the user is referred to our website
(7) websites which are accessed from the user’s system via our website
The data are also stored in the logfiles of our system. Storage of these data together with other personal data of the user does not take place.
- Legal basis for data processingThe legal basis for the temporary storage of data and logfiles is Art. 6 Para. 1 lit. f GDPR.
- Purpose of data processing
The data stated are stored in order to display the website in your browser, to ensure the operability of the website and to optimise the website. Analysis of the data for marketing purposes does not take place in this context.
The purposes stated above also represent our legitimate interest in data processing according to Art. 6 Para. 1 lit. f GDPR.
- Storage periodThe data will be erased as soon as they are no longer required for the achievement of the purpose of their collection. If data are collected for the provision of the website, this is the case when the respective session has ended.
If the data are stored in logfiles, this is the case after 14 days. Storage beyond that time is possible. In this case, the IP addresses of the users are anonymised so that an association with the accessing client is no longer possible.
- Means of objection and eliminationThe collection of data for the provision of the website and storage of data in logfiles is imperative for the operation of the website. Consequently, the user has no possibility to object.
VII. Links to social networks (LinkedIn, Xing, YouTube)
We use links (“Link”) to the social networks LikedIn, Xing, and YouTube on our website to point towards the services and products of FRÄNKISCHE and to reach out to you as a visitor and user of these social media sites and our website. We have no influence on the processing of your personal data when visiting social media sites. The provider of the social network controls data processing as part of your usage of the respective service. This includes, for example, the storage and usage of cookies on user terminals as well as the analysis of your behaviour in the social network.
Links are indicated by the icon of the respective social network. When you click the icon, your browser will directly be connected to the server of the respective service, and you will be directed to the website of the service provider.
The legal basis for the usage of links to third parties is Art. 6 Para. 1 lit. f GDPR.
For additional information on data processing on the social media sites, please see the data privacy statement of the respective social network:
- Description and scope of data processing
- a) Our website offers you the possibility to subscribe to a free newsletter. When subscribing to the newsletter, all data from the input mask, such as e-mail address, contact details and your country are transmitted to us.
In addition to this, your IP address as well as data regarding the time of registration are collected during the subscription process.
- b) If you or your employer whom you represent as a contact partner for our company purchase our goods or services (e.g., from our website) and provide your e-mail address while doing so, it may subsequently be used by us for sending a newsletter. In such a case, only direct advertising for our own similar goods or services you already ordered or used previously is distributed via the newsletter.
In the context of data processing for the distribution of newsletters, there is no disclosure of data to third parties. In addition to the distribution of the newsletter, the data are also used to generate user profiles.
- Legal basis for data processingThe legal basis for data processing following subscription to the newsletter by the user under the presence of consent by the user is Art. 6 Para. 1 lit a GDPR.
The legal basis for the distribution of the newsletter following the sale of goods or services is Art. 6 Para. 1 lit. f GDPR.
- Purpose of data processingThe e-mail address of the user is stored and used to deliver the newsletter.
The collection of other personal data in the context of the subscription process serves to prevent abuse of the services or of the e-mail address used.
- Storage periodThe data will be erased as soon as they are no longer required for the achievement of the purpose of their collection. The e-mail address of the user will hence be stored as long as the subscription to the newsletter is active.
Other personal data collected as part of the registration process will be deleted after seven days.
- Means of objection and eliminationThe respective user can cancel the subscription to the newsletter at any time. Each newsletter contains a corresponding link for this purpose.
This also allows a revocation of the consent to the storage of personal data collected during the subscription process.
IX. Creation and usage of a customer account
- Scope and purpose of data processing
A registration of the user is required for using certain services through our website. When creating and using a customer account, personal data such as your name, contact information, user account data as well as information on the services used by you as part of the utilisation of your user account will be processed.
Part of this information will be automatically transferred into our customer management program and stored there for the fulfilment of the request of the ordered goods. In addition, we use the data collected during registration for public relations, marketing campaigns, the initiation of contractual relationships and the processing of requests.
- Legal basis for data processingIf the purpose of registration is the performance of a contract to which the user is a contracting party or the implementation of pre-contractual measures, the legal basis for processing the data is Art. 6 Para. 1 lit. b GDPR.
If the user is an employee at one of the business partners of FRÄNKISCHE, the legal basis for data processing is Art. 6 Para. 1 lit f GDPR.
The legal basis for the automated transfer and storage of data in our customer management program is Art. 6 Para. 1 lit. b, f GDPR.
The legal basis for the temporary storage of data and logfiles when using the account is Art. 6 Para. 1 lit. b GDPR.
- Storage periodThe data will be erased as soon as they are no longer required for the achievement of the purpose of their collection. If data are collected for the provision of the website, this is the case when the respective session has ended.
The data collected for the performance of a contract concluded or to conduct pre-contractual measures will be deleted when the data are no longer required for the execution of the contract. A requirement to store personal data of the contractual partner may exist even after the conclusion of the contract in order to comply with contractual or legal obligations.
If you want to delete your customer account, please contact email@example.com. We would like to point out that the deletion of the account does not include deletion of personal data subject to the statutory retention periods. These data are stored in our customer management program.
X. Contact form and contacting us via e-mail
- Description and scope of data processingOur website offers contact forms which can be used for establishing contact electronically. If a user takes this opportunity, the data entered in the input mask will be transmitted to us and stored. These data are:
(1) name (mandatory)
(2) contact options, e.g., e-mail address, postal address or telephone number
(mandatory depending on contact choice)
(3) your message
(4) IP address of the user
(5) date and time of registration
In this context, there will be no transmission of data to third parties outside of the FRÄNKISCHE group of companies. The data will be used exclusively for processing the correspondence.
- Legal basis for data processingThe legal basis for data processing under the presence of consent by the user is Art. 6 Para. 1 lit a GDPR.The legal basis for processing of data transmitted in the course of sending an e-mail is Art. 6 Para. 1 lit. f GDPR. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for data processing is Art. 6 Para. 1 lit. b GDPR.
- Purpose of data processingProcessing of personal data from the input mask solely serves for processing your correspondence. In the event of contacting via e-mail, this also represents the required legitimate interest in processing the data.The other personal data processed during the transmission process are intended to prevent abuse of the contact form and ensure the safety of our information technology systems.
- Storage periodThe data will be erased as soon as they are no longer required for the achievement of the purpose of their collection. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective correspondence with the user has been completed and the respective issue has been finally resolved.
- Means of objection and revocationUsers have the option to revoke their consent to the processing of personal data at any time. If users contact us by e-mail, they can object to the storage of their personal data at any time. The correspondence cannot be continued in such cases. Please send us your request for erasure via e-mail to firstname.lastname@example.org.
All personal data that have been stored in the course of the contact will be erased in this case.
XI. Using social media plug-ins
We use so-called social plug-ins by companies operating social networks on our website. The plug-ins are standalone extensions from the providers of social networks. We use plug-ins for the visitors of our website being able to share contents from our online offerings with the individual networks and to expand the radius of our online offerings.
If you do not want providers of social networks to receive, store or reuse data through this online offering, you should not use the respective plug-ins. With the so-called 2-click solution, we ensure, by default, that your visit to our website is not tracked and evaluated by providers of social networks. Personal data are transferred to operators of social networks only if you use the social plug-ins.
In the following, you will find information on the individual plug-ins used on your website.
- LinkedInScope of personal data processingOur web pages feature components of the social network “LinkedIn”. These functions are offered by LinkedIn Ireland Limited, 77 Sir John Rogerson’s Quay, Dublin 2, Ireland. When you use the “InShare” button, the websites visited by you are associated with your LinkedIn account and shared with other users. Data are then also transferred to LinkedIn.
Please obtain information on further processing and use of data by LinkedIn as well as your rights in this respect and setting options for protecting your privacy from LinkedIn’s data privacy statement available at https://www.linkedin.com/legal/privacy-policy?src=li-other&veh=www.linkedin.com%7Cli-other.
- Legal basis for processing personal dataThe legal basis for transferring personal data to LinkedIn is Art. 6 Para. 1 lit a GDPR.
For more information on data processing on LinkedIn, see the data privacy statement of LinkedIn available at
- XingScope of personal data processingOur web pages feature components of the “XING” service, operated by XING AG, Gänsemarkt 43, 20354 Hamburg / Germany. When you use the XING button, the websites or contents visited by you are associated with your XING account and shared with other users. Data are then also transferred to XING.Please obtain information on further processing and use of data by XING as well as your rights in this respect and setting options for protecting your privacy from XING’s data privacy statement available at https://privacy.xing.com/de/datenschutzerklaerung.
- Legal basis for processing personal dataThe legal basis for transferring personal data to XING is Art. 6 Para. 1 lit a GDPR.For more information on data processing on XING, see the data privacy statement of XING available at https://privacy.xing.com/de/datenschutzerklaerung.
- YouTubeScope of personal data processingOur websites feature components of the “YouTube” service, operated by YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.With the so-called 2-click solution, we ensure, by default, that your visit to our website is not tracked and evaluated by YouTube. If you gave your consent to embed and use YouTube services during your visit of our website, your personal data will be transferred to YouTube. Please obtain information on further processing and use of data by YouTube/Google as well as your rights in this respect and setting options for protecting your privacy from Google’s data privacy statement available at https://www.google.de/intl/de/policies/privacy/.
- Legal basis for processing personal dataThe legal basis for transferring personal data to YouTube is Art. 6 Para. 1 lit a GDPR.For more information, please see the data privacy statement of YouTube/Google available at https://www.google.de/intl/de/policies/privacy/.
- Purpose of data processingWith regard to the purpose of processing your data and their use by YouTube, we refer to the data privacy statement of YouTube/Google available at https://www.google.de/intl/de/policies/privacy/.
- Storage period, means of objection and eliminationWith regard to the storage period and means of objection and elimination with YouTube, we refer to the data privacy statement of YouTube/Google available at https://www.google.de/intl/de/policies/privacy/.
XII. Web analysis by etracker
- Scope of personal data processingFor our website, we use the Web Controlling Suite software tool by etracker (www.etracker.com), a German provider of web analysis software, for the analysis of the surfing behaviour of our users. The software stores a cookie on the computer of the user (see above for more information on cookies). When individual pages of our website are accessed, the following data will be stored:
(1) Three bytes of the IP address of the accessing system of the user (xxx.xxx.xxx.???)
(2) the accessed website
(3) the website from which the user was referred to the accessed website (referrer)
(4) the sub-pages opened from the accessed website
(5) the time spent on the website
(6) the frequency of accessing the website
The analysis software runs exclusively on the servers of etracker. Storage of personal data of users will not take place because the IP address is being anonymised. The software is configured in such a way that the IP addresses will not be stored completely, but 1 byte of the IP address will be masked (e.g.: xxx.xxx.xxx.???). This renders an association of the shortened IP address with the accessing computer impossible.
Data will not be transferred to third parties. If required, we will export reports from the anonymised data stored by etracker for statistical purposes.
- b. Legal basis for processing personal dataThe legal basis for processing the personal data of users is Art. 6 Para. 1 lit a GDPR.
- Purpose of data processingProcessing of the personal data of the users, which takes place with anonymised data at the earliest possible stage, allows us to analyse the surfing behaviour of our users. The analysis of the data obtained allows us to compile information about the use of the individual components of our website. This helps us to continuously improve our website and its user friendliness.
- Storage periodSince the data are anonymised, they will not be deleted but will be available for analysis purposes permanently. Any tracing of individual users is not possible. etracker has committed to never merge collected data with any other data, for example, to identify a person (cf. https://www.etracker.com/datenschutz/).
Please refer to the following link for more information about the privacy settings of the etracker software: https://www.etracker.com/datenschutz/
XIII. Google Adwords
- Description and scope of data processingWe use Google Adwords conversion tracking for our marketing campaigns. This is an analysis service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.If you click on a Google ad, a cookie for conversion tracking will be stored on your computer. These cookies lose their validity after 30 days, do not contain any personal data and are therefore not used for personal identification.If you access our website and the cookie has not yet expired, we will be able to recognise that you have clicked on the ad and were thus redirected to our website. Google as the service provider receives this information as well.
- b. Legal basis for data processingThe legal basis for processing the personal data of users is Art. 6 Para. 1 lit a GDPR.
- Purpose of data processingThe information that we obtain using the conversion cookie serves the purpose of creating conversion statistics. This shows us the total number of users who have clicked on one of our ads placed with Google and who were redirected to a website with a conversion tracking tag. However, we do not obtain any information that can identify users personally.
- Storage periodAlthough the cookies lose their validity after 30 days, they will not be deleted unless you delete them yourself.For more information and the data privacy statement of Google, please see https://www.google.de/policies/privacy/.
- Means of objection and eliminationIf you do not want to participate in tracking, you can refuse to give your consent when you access our website for the first time, or you can prevent the storage of cookies in your browser settings.You can also disable personalised advertising in your Google settings. You can find instructions at https://support.google.com/ads/answer/2662922?hl=de.
XIV. Google Maps
1. Description and scope of data processing
Our website uses Google Maps for the representation of geographic information, e.g., to display the interactive map for directions. When using Google Maps, personal data about the use of the website and the Maps functions by users of the websites will be transferred to Google.
2. Legal basis for data processing
The legal basis for the temporary storage of data and logfiles is Art. 6 Para. 1 lit. f GDPR.
The legal basis for transferring personal data to Google as the provider of the Google Maps service is Art. 6 Para. 1 lit a GDPR.
3. Purpose of data processing
By using Google’s map services on our websites, the user has the possibility to find us easier when visiting us.
4. Storage period
The data will be erased as soon as they are no longer required for the achievement of the purpose of their collection. If data are collected for the provision of the website, this is the case when the respective session has ended.
If the data are stored in logfiles, this is the case after 14 days. Storage beyond that time is possible. In this case, the IP addresses of the users are anonymised or pseudonymised so that an association with the accessing user is no longer possible.
5. Means of objection and elimination
As described in Section V., a cookie is also stored when using Google maps. Consequently, the information there applies accordingly.
XV. Rights of the data subject
If your personal data are processed, you will be considered a data subject within the meaning of the GDPR and have the following rights against the controller:
Right of access, rectification, erasure, limitation of data processing, revocation of consent, data portability
Each data subject has the right of access in accordance with Art. 15 GDPR, the right to rectification according to Art. 16 GDPR, the right to erasure according to Art. 17 GDPR, the right to limitation of processing according to Art. 18 GDPR, and the right to data portability according to Art. 20 GDPR.
The right of access and the right to erasure shall be subject to the limitations set out in Sections 34 and 35 of the German Data Protection Act (BDSG). In addition, you have the right to appeal to a competent data protection supervisory authority (Art. 77 GDPR in conjunction with Section 19 BDSG).
You can revoke your consent to the processing of personal data granted to us at any time. This also applies to the revocation of declarations of consent granted to us before the GDPR coming into effect, i.e., before 25 May 2018. Please note that the revocation only has effect for the future. Processing carried out before the revocation takes place is not affected.
Moreover, you have the right according to Art. 22 GDPR not to be subject to fully automated decision-making. We generally do not use fully automated decision-making for the establishment, implementation and termination of a business relationship. If we use these procedures in individual cases (e.g., to improve our products and services), we will inform you about this separately and about your rights concerning this provided that this is laid down in law.
2. Right to object
You have the right to object to the processing of personal data concerning you carried out pursuant to Art. 6 Para. 1 lit. e GDPR (data processing in the public interest) and Art. 6 Para. 1 lit. f GDPR (data processing on the basis of weighing of interests) at any time; this also applies to profiling based on this provision pursuant to Art. 4 Para. 4 GDPR. If you object, we will no longer process your personal data, unless we can prove compelling legitimate grounds for processing overriding your interests, rights and freedoms. This includes in particular when processing is required for the assertion, exercise or defence of legal claims.
Obligation to provide data
Within the scope of our business relationship, you need to provide those personal contract data required for the establishment, implementation and termination of a business relationship and to fulfil the related contractual obligations or to whose collection we are legally obliged. Without such data, we will usually not be able to conclude, implement and terminate a contract with you.
The same applies to any visit of our online offerings and the collection of user data. Without collecting user data, we and our service providers are unable to provide you with our online offerings.
Right to appeal to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to appeal to a supervisory authority, especially in the member state of your place of residence, your place of work or the location of the alleged infringement, if you are of the opinion that the processing of personal data concerning you infringes the GDPR.
The supervisory authority to which you have appealed informs the claimant about the status and the results of the complaint including the possibility of a judicial remedy according to Art. 78 GDPR.
For more information and explanations with regards to the above-mentioned rights, please see the website “Rights for citizens” of the European Commission.