GFAG | Privacy and the Processing of Personal Data

We are very pleased that you are interested in our company. Data protection is a top priority for the management of Gesellschaft für Akustik und Gestaltung mbH. In general, you can use the Gesellschaft für Akustik und Gestaltung mbH website without providing any personal data. However, if a data subject wishes to use specific services offered by our company via our website, the processing of personal data may be necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject. The processing of personal data—such as a data subject’s name, address, email address, or phone number—is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the state-specific data protection regulations applicable to Gesellschaft für Akustik und Gestaltung mbH. Through this Privacy Policy, our company aims to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, this Privacy Policy informs data subjects of their rights. As the data controller, Gesellschaft für Akustik und Gestaltung mbH has implemented numerous technical and organizational measures to ensure the most comprehensive protection possible of the personal data processed via this website. However, internet-based data transmissions may inherently involve security vulnerabilities, meaning that absolute protection cannot be guaranteed. For this reason, any data subject is free to provide personal data to us through alternative means, such as by telephone.

1. Definitions

The privacy policy of Gesellschaft für Akustik und Gestaltung mbH is based on the terminology used by the European legislators and regulators when enacting the General Data Protection Regulation (GDPR). Our Privacy Policy is intended to be easy to read and understand for the general public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance. In this Privacy Policy, we use the following terms, among others:

a) Personal data: Personal data refers to any information relating to an identified or identifiable natural person (hereinafter “data subject”). A natural person is considered identifiable if they can be identified, directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier, or one or more specific characteristics that reflect the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

b) Data Subject A data subject is any identified or identifiable natural person whose personal data is processed by the controller.

c) Processing Processing means any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, distribution, or any other form of making available, the matching or linking, the restriction, erasure, or destruction.

d) Restriction of processing Restriction of processing means the marking of stored personal data with the aim of limiting its future processing.

e) Profiling Profiling is any form of automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s work performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements of that natural person.

f) Pseudonymization Pseudonymization is the processing of personal data in such a way 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 organizational measures that ensure the personal data is not attributed to an identified or identifiable natural person.

g) Controller The controller is the natural or legal person, public authority, agency, or other body that, alone or jointly with others, determines the purposes and means of the processing of personal data. If the purposes and means of such processing are determined by Union law or the law of the Member States, the controller or the specific criteria for its designation may be provided for by Union law or the law of the Member States.

h) Processor A processor is a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller.

i) Recipient A recipient is a natural or legal person, public authority, agency, or other body to whom personal data is disclosed, regardless of whether or not that body is a third party. However, public authorities that may receive personal data in the course of a specific investigative mandate under Union law or the law of the Member States are not considered recipients.

j) Third Party A third party is a natural or legal person, public authority, agency, or other body other than the data subject, the controller, the processor, and the persons authorized to process the personal data under the direct responsibility of the controller or the processor.

k) Consent Consent means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes, expressed by a statement or by a clear affirmative action, by which the data subject indicates that he or she consents to the processing of personal data relating to him or her.

2. Name and address of the controller

within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions of a data protection nature is:

Gesellschaft für Akustik und Gestaltung mbH
Bertha-Benz-Straße 2
74343 Sachsenheim
Germany
Phone: 07142-375193-0
Email: info@gfag.de
Website: www.gfag.de

3. Collection of General Data and Information

The website of Gesellschaft für Akustik und Gestaltung mbH collects a range of general data and information each time a data subject or an automated system accesses the website. This general data and information is stored in the server’s log files. The following may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the subpages on our website accessed via the accessing system, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) other similar data and information used for security purposes in the event of attacks on our information technology systems. When using this general data and information, Gesellschaft für Akustik und Gestaltung mbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) correctly deliver the content of our website, (2) to optimize the content of our website as well as the advertising on it, (3) to ensure the continued functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyberattack. Gesellschaft für Akustik und Gestaltung mbH therefore evaluates this anonymously collected data and information both for statistical purposes and with the aim of enhancing data protection and data security within our company, ultimately to ensure an optimal level of protection for the personal data we process. The anonymous data from the server log files is stored separately from any personal data provided by a data subject.

4. Routine Deletion and Blocking of Personal Data

The data controller processes and stores the data subject’s personal data only for the period necessary to achieve the purpose of storage or to the extent provided for by the European legislative bodies or other legislative bodies in laws or regulations to which the data controller is subject. If the purpose of storage no longer applies or if a retention period prescribed by European legislative bodies or other competent legislative authorities expires, the personal data will be routinely blocked or deleted in accordance with legal requirements.

5. Rights of the Data Subject

a) Right to Confirmation
Every data subject has the right, granted by the European legislative authorities, to request confirmation from the data controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right to confirmation, they may contact a representative of the data controller at any time.

b) Right of Access
Every data subject affected by the processing of personal data has the right, granted by European legislation, to receive from the data controller, at any time and free of charge, information regarding the personal data stored about them and a copy of such information. Furthermore, the European legislative and regulatory authorities have granted the data subject the right to receive the following information:

the purposes of the processing
the categories of personal data being 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 this is not possible, the criteria for determining this duration
the existence of a right to have personal data concerning them rectified or erased, or to have processing restricted by the controller, or a right to object to such processing
the existence of a right to lodge a complaint with a supervisory authority
if the personal data are not collected from the data subject: all available information regarding the origin of the data
the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and—at least in such cases—meaningful information regarding the logic involved, as well as the scope and intended effects of such processing on the data subject

Furthermore, the data subject has the right to be informed whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to receive information about the appropriate safeguards in connection with the transfer. If a data subject wishes to exercise this right of access, they may contact a representative of the data controller at any time.

c) Right to Rectification
Every data subject affected by the processing of personal data has the right, granted by European legislation, to request the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right to request that incomplete personal data be completed—including by means of a supplementary statement—taking into account the purposes of the processing. If a data subject wishes to exercise this right to rectification, they may contact a representative of the data controller at any time.

d) Right to Erasure (Right to Be Forgotten)
Every data subject affected by the processing of personal data has the right, granted by European legislation (directives and regulations), to request that the controller erase personal data concerning them without delay, provided that one of the following grounds applies and insofar as the processing is not necessary:

The personal data was collected or otherwise processed for purposes for which it is no longer necessary.
The data subject withdraws their consent on which the processing was based pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR, and there is no other legal basis for the processing.
The data subject objects to the processing pursuant to Article 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
The personal data has been processed unlawfully.
The erasure of the personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
The personal data was collected in connection with information society services offered pursuant to Article 8(1) of the GDPR.

If any of the above reasons apply and a data subject wishes to request the erasure of personal data stored by Gesellschaft für Akustik und Gestaltung mbH, they may contact a representative of the data controller at any time. The employee of Gesellschaft für Akustik und Gestaltung mbH will ensure that the request for erasure is complied with without delay. If the personal data has been made public by Gesellschaft für Akustik und Gestaltung mbH and our company, as the data controller, is obligated to erase the personal data pursuant to Article 17(1) of the GDPR, Gesellschaft für Akustik und Gestaltung mbH will take appropriate measures, including technical measures, taking into account available technology and implementation costs, to inform other data controllers processing the published personal data that the data subject has requested that these other data controllers delete all links to such personal data or copies or replicas of such personal data, provided that the processing is not necessary. The employee of Gesellschaft für Akustik und Gestaltung mbH will take the necessary steps on a case-by-case basis.

e) Right to Restriction of Processing
Any data subject affected by the processing of personal data has the right, granted by European legislation (directives and regulations), to request that the controller restrict processing if one of the following conditions is met:

The data subject disputes the accuracy of the personal data, for a period sufficient to allow the controller to verify the accuracy of the personal data.
The processing is unlawful, the data subject objects to the erasure 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 it to assert, exercise, or defend legal claims.
The data subject has objected to the processing pursuant to Art. 21(1) of the GDPR, and it has not yet been determined whether the controller’s legitimate grounds override those of the data subject.

If any of the above conditions are met and a data subject wishes to request the restriction of personal data stored by Gesellschaft für Akustik und Gestaltung mbH, they may contact an employee of the data controller at any time. The employee of Gesellschaft für Akustik und Gestaltung mbH will arrange for the restriction of processing.

f) Right to Data Portability
Every data subject affected by the processing of personal data has the right, as granted by European legislation, to receive the personal data concerning them—which the data subject has provided to a controller—in a structured, commonly used, and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Art. 6(1)(a) of the GDPR or Art. 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR, and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, when exercising their right to data portability pursuant to Art. 20(1) of the GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another controller, provided that this is technically feasible and does not adversely affect the rights and freedoms of others.

To exercise the right to data portability, the data subject may at any time

g) Right to Object
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to object, on grounds relating to their particular situation, to object at any time to the processing of personal data concerning them that is carried out on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.

In the event of an objection, Gesellschaft für Akustik und Gestaltung mbH will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or the processing is necessary for the establishment, exercise, or defense of legal claims.

If Gesellschaft für Akustik und Gestaltung mbH processes personal data for the purpose of direct marketing, the data subject has the right to object at any time to the processing of personal data for such marketing purposes. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Gesellschaft für Akustik und Gestaltung mbH regarding processing for direct marketing purposes, Gesellschaft für Akustik und Gestaltung mbH will no longer process the personal data for these purposes.

In addition, the data subject has the right, for reasons arising from their particular situation, to object to the processing of personal data concerning them that is carried out by Gesellschaft für Akustik und Gestaltung mbH for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) of the GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

To exercise the right to object, the data subject may contact any employee of Gesellschaft für Akustik und Gestaltung mbH or another employee directly. The data subject is also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise their right to object by means of automated procedures that use technical specifications.

h) Automated decisions in individual cases, including profiling
Any data subject affected by the processing of personal data has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing—including profiling — that produces legal effects concerning the data subject or similarly significantly affects him or her, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject, and such law provides for appropriate measures to safeguard the data subject’s rights and freedoms as well as legitimate interests, or (3) is based on the data subject’s explicit consent.

If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is made with the data subject’s explicit consent, Gesellschaft für Akustik und Gestaltung mbH shall take appropriate measures to safeguard the rights, freedoms, and legitimate interests of the data subject, including, at a minimum, the right to request human intervention by the controller, to express the data subject’s point of view, and to contest the decision.

If the data subject wishes to exercise rights relating to automated decisions, he or she may contact an employee of the data controller at any time.

i) Right to Withdraw Consent Under Data Protection Law
Every data subject affected by the processing of personal data has the right, granted by European legislation, to withdraw consent to the processing of personal data at any time.

If the data subject wishes to exercise their right to withdraw consent, they may contact a representative of the data controller at any time.

6. Privacy Policy Regarding the Use of Facebook

The data controller has integrated components of the company Facebook into this website. Facebook is a social network.

A social network is a social gathering place operated on the Internet—an online community that generally enables users to communicate with one another and interact in a virtual space. A social network can serve as a platform for exchanging opinions and experiences or enable the online community to share personal or business-related information. Among other things, Facebook allows users of the social network to create private profiles, upload photos, and connect with others through friend requests.

Facebook is operated by Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. If a data subject resides outside the United States or Canada, the controller responsible for the processing of personal data is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

Each time a user visits one of the individual pages of this website—which is operated by the data controller and on which a Facebook component (Facebook plug-in) has been integrated, the web browser on the data subject’s computer system is automatically prompted by the respective Facebook component to download a representation of the corresponding Facebook

component from Facebook. A complete overview of all Facebook plug-ins can be found at developers.facebook.com/docs/plugins/. As part of this technical process, Facebook learns which specific subpage of our website is being visited by the data subject.

If the data subject is logged into Facebook at the same time, Facebook recognizes which specific subpage of our website the data subject is visiting each time the data subject accesses our website and throughout the entire duration of their visit to our website. This information is collected by the Facebook component and assigned by Facebook to the data subject’s respective Facebook account. If the data subject clicks on one of the Facebook buttons integrated into our website—for example, the “Like” button—or posts a comment, Facebook associates this information with the data subject’s personal Facebook user account and stores this personal data.

Facebook receives information via the Facebook component that the data subject has visited our website whenever the data subject is logged into Facebook at the time of accessing our website; this occurs regardless of whether the data subject clicks on the Facebook component or not. If the data subject does not wish for this information to be transmitted to Facebook, they can prevent the transmission by logging out of their Facebook account before visiting our website.

Facebook’s Privacy Policy, available at de-de.facebook.com/about/privacy/, provides information about Facebook’s collection, processing, and use of personal data. It also explains the settings options Facebook offers to protect the data subject’s privacy. In addition, various applications are available that make it possible to prevent data from being transmitted to Facebook. The data subject may use such applications to prevent data from being transmitted to Facebook.

7. Privacy Policy Regarding the Use of Google AdWords

The data controller has integrated Google AdWords into this website. Google AdWords is an online advertising service that allows advertisers to place ads both in Google’s search engine results and on the Google Display Network. Google AdWords enables an advertiser to specify certain keywords in advance, so that an ad is displayed in Google’s search engine results only when the user enters a keyword-relevant search query into the search engine. Within the Google Display Network, ads are distributed across thematically relevant websites using an automated algorithm and in accordance with the previously specified keywords.

The operator of the Google AdWords services is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The purpose of Google AdWords is to promote our website by displaying interest-based advertisements on third-party websites and in Google search results, as well as by displaying third-party advertisements on our website.

If a data subject accesses our website via a Google ad, Google places a so-called conversion cookie on the data subject’s computer system. What cookies are has already been explained above.

A conversion cookie expires after thirty days and is not used to identify the data subject. Provided the cookie has not yet expired, the conversion cookie is used to track whether certain subpages—such as the shopping cart of an online store system—on our website have been accessed. The conversion cookie allows both us and Google to track whether a data subject who arrived at our website via an AdWords ad generated revenue—that is, whether they completed or abandoned a purchase.

The data and information collected through the use of the conversion cookie are used by Google to generate visitor statistics for our website. We, in turn, use these visitor statistics to determine the total number of users who were referred to us via AdWords ads—that is, to assess the success or failure of each AdWords ad and to optimize our AdWords ads for the future. Neither our company nor other Google AdWords advertisers receive information from Google that could be used to identify the data subject.

The conversion cookie is used to store personal information, such as the web pages visited by the data subject. Consequently, each time our website is visited, personal data—including the IP address of the internet connection used by the data subject—is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may, under certain circumstances, disclose this personal data—collected through technical means—to third parties.

As described above, the data subject can prevent our website from setting cookies at any time by adjusting the settings of the web browser being used, thereby permanently objecting to the setting of cookies. Such a setting in the user’s web browser would also prevent Google from setting a conversion cookie on the data subject’s computer system. In addition, a cookie already set by Google AdWords can be deleted at any time via the web browser or other software programs.

Furthermore, the data subject has the option to opt out of interest-based advertising by Google. To do so, the data subject must access the link www.google.de/settings/ads from each of the web browsers they use and configure the desired settings there.

Further information and Google’s applicable privacy policy can be found at www.google.de/intl/de/policies/privacy/.

8. Privacy Policy Regarding the Use of Instagram

The data controller has integrated components of the Instagram service into this website. Instagram is a service that qualifies as an audiovisual platform and enables users to share photos and videos, as well as to redistribute such content on other social networks.

The operator of Instagram’s services is Instagram LLC, 1 Hacker Way, Building 14, First Floor, Menlo Park, CA, USA.

Each time a user visits one of the individual pages of this website—which is operated by the data controller and on which an Instagram component (Insta button) has been integrated, the web browser on the data subject’s computer system is automatically prompted by the respective Instagram component to download a display of the corresponding Instagram component. As part of this technical process, Instagram

information about which specific subpage of our website is being visited by the data subject.

If the data subject is logged into Instagram at the same time, Instagram recognizes which specific subpage the data subject is visiting each time the data subject accesses our website and throughout the entire duration of their visit to our website. This information is collected by the Instagram component and assigned by Instagram to the data subject’s respective Instagram account. If the data subject clicks on one of the Instagram buttons integrated into our website, the data and information transmitted thereby are associated with the data subject’s personal Instagram user account and are stored and processed by Instagram.

Instagram always receives information via the Instagram component that the data subject has visited our website whenever the data subject is logged into Instagram at the same time as accessing our website; this occurs regardless of whether the data subject clicks on the Instagram component or not. If the data subject does not wish for this information to be transmitted to Instagram, they can prevent the transmission by logging out of their Instagram account before visiting our website.

Further information and Instagram’s applicable privacy policy can be found at help.instagram.com/155833707900388 and www.instagram.com/about/legal/privacy/.

9. Legal Basis for Processing

Article 6(1)(a) of the GDPR serves as the legal basis for our company’s processing activities in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party—as is the case, for example, with processing operations required for the delivery of goods or the provision of other services or consideration— the processing is based on Article 6(1)(b) of the GDPR. The same applies to processing operations necessary for the implementation of pre-contractual measures, such as in cases of inquiries regarding our products or services. If our company is subject to a legal obligation that requires the processing of personal data—such as to fulfill tax obligations—the processing is based on Article 6(1)(c) of the GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured on our premises and, as a result, their name, age, health insurance information, or other vital information had to be disclosed to a doctor, a hospital, or other third parties. In such cases, the processing would be based on Article 6(1)(d) of the GDPR. Finally, processing operations may be based on Article 6(1)(f) of the GDPR. This legal basis applies to processing operations not covered by any of the aforementioned legal bases, provided that the processing is necessary to safeguard a legitimate interest of our company or a third party, so long as the interests, fundamental rights, and fundamental freedoms of the data subject do not take precedence. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this regard, the legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, Sentence 2 of the GDPR).

10. Legitimate Interests in Processing Pursued by the Data Controller or a Third Party

If the processing of personal data is based on Article 6(1)(f) of the GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.

11. Duration for which personal data is stored

The criterion for the duration of the storage of personal data is the applicable statutory retention period. Upon expiration of this period, the relevant data is routinely deleted, provided it is no longer necessary for the performance of a contract or for entering into a contract.

12. Legal or contractual requirements for providing personal data; necessity for entering into a contract; obligation of the data subject to provide personal data; possible consequences of failure to provide data

We hereby inform you that the provision of personal data is in some cases required by law (e.g., tax regulations) or may also result from contractual provisions (e.g., information about the contracting party). In some cases, the conclusion of a contract may require that a data subject provide us with personal data, which we must subsequently process. For example, the data subject is obligated to provide us with personal data when our company enters into a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact one of our employees. Our employee will explain to the data subject, on a case-by-case basis, whether the provision of personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of failing to provide the personal data would be.

13. Use of Automated Decision-Making

As a responsible company, we do not engage in automated decision-making or profiling.

This Privacy Policy was created using the Privacy Policy Generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the external data protection officer for Erlangen, in cooperation with Christian Solmecke, an attorney specializing in IT and data protection law.

Privacy Policy at GFAG