Datenschutzerklärung

1. Introduction
With the following information, we would loke to give you as a „data subject“ an overview of processing of your personal data by us and your rights under data protection laws. It is generally possible to use our website without entering personal data. However, if you wish to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain your consent.

The processing of personal data, such as your name, address or e-mail address, is always carried out in accordance with the General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations applicable to “Datenschutz Consulting Dresden GmbH”. By means of this privacy policy, we would like to inform you about the scope and purpose of the personal data we collect, use and process.

As the data controller, we have implemented numerous technical and organizational measure to ensure that the personal data processed via this website is protected as completely as possible. Nevertheless, internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, you are free to transmit personal data to us by alternative means, for example by telephone or post.

2. Responsible party

The responsible party within the meaning of the GDPR is:
FUCHS Event + Incentive GmbH
Bergstraße 31
01069 Dresden, Germany
Tel: +49 351 479 30 0
Email: mail@fuchsincentive.de

3. Data protection officer

You can contact our data protection officer using this FORM or via the above contact details,
addressed to the data protection officer.

Data subjects can contact us or our data protection officer at any time with any questions or suggestions regarding data protection.
You can contact our data protection officer directly at any time with any questions or suggestions regarding data protection.

4. Legal basis for processing

Art. 6 (1) (a) GDPR (in conjunction with Section 25 (1) TDDDG (formerly TTDSG)) serves as the legal basis for our company for processing operations 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 you are a party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 (1) (b) GDPR. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services.

If our company is subject to a legal obligation that requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Art. 6 (1) lit. c) 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 their name, age, health insurance details, or other vital information had to be passed on to a doctor, hospital, or other third party. In this case, the
processing would be based on Art. 6 (1) lit. d) GDPR.

Finally, processing operations could be based on Art. 6 (1) lit. f) GDPR. This legal basis applies to processing operations that are not covered by any of the aforementioned legal bases if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights, and freedoms of the data subject do not prevail. Such processing operations are permitted 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 you are a customer of our company (Recital 47, sentence 2 of the GDPR).

5. Transfer of data to third parties

Your personal data will not be transferred to third parties for purposes other than those listed
below.

We will only disclose your personal data to third parties if:
1. you have given us your express consent to do so in accordance with Art. 6 (1) (a) GDPR,
2. the transfer is permissible under Art. 6 (1) lit. f) GDPR to safeguard our legitimate interests and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data,
3. there is a legal obligation to transfer the data under Art. 6 (1) lit. c) GDPR, and
4. this is legally permissible and necessary for the performance of contractual relationships with you in accordance with Art. 6 (1) (b) GDPR.

In order to protect your data and, if necessary, enable us to transfer data to third countries (outside the EU/EEA), we have concluded agreements on order processing based on the standard contractual clauses of the European Commission. If the standard contractual clauses are not sufficient to establish an adequate level of security, your consent pursuant to Art. 49 (1) (a) GDPR may serve as the legal basis for the transfer to third countries. This does not apply to data transfers to third countries for which the European Commission has issued an adequacy decision pursuant to Art. 45 GDPR. Within the scope of the processing operations described in this privacy policy, personal data may be transferred to the USA. Companies in the USA only have an adequate level of data protection if they have certified themselves under the EU-US Data Privacy Framework and thus the adequacy decision of the EU Commission pursuant to Art. 45 GDPR applies. We have explicitly mentioned this in the privacy policy for the service providers concerned. In order to protect your data in all other cases, we have concluded agreements on order
processing based on the standard contractual clauses of the European Commission. If the standard contractual clauses are not sufficient to establish an adequate level of security, your consent pursuant to Art. 49(1)(a) GDPR may serve as the legal basis for the transfer to third countries. This does not apply to data transfers to third countries for which the European Commission has issued an adequacy decision in accordance with Art. 45 GDPR.

6. Technology

6.1 SSL/TLS encryption

This site uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login data, or contact requests that you send to us as the operator. You can recognize an encrypted connection by the fact that the address line of the browser contains “https://” instead of “http://” and by the lock symbol in your browser line.

We use this technology to protect the data you transmit.

6.2 Data collection when visiting the website

When using our website for informational purposes only, if you do not register or otherwise provide us with information or give your consent to processing that requires consent, we only collect data that is technically necessary for the provision of the service. This is usually data that your browser transmits to our server (“in so-called server log files”). Our website collects a range of general data and information each time you or an automated system accesses a page. This general data and information is stored in the server’s log files. The following may be collected

1. 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 that are accessed via an accessing system on our website,
5. the date and time of access to the website,
6. an abbreviated Internet Protocol address (anonymized IP address) and
7. the Internet service provider of the accessing system.

We do not draw any conclusions about your person when using this general data and information. Rather, this information is required in order to

1. deliver the content of our website correctly,
2. optimize the content of our website and the advertising for it,
3. ensure the long-term functionality of our IT 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 cyber attack.

We therefore evaluate this collected data and information statistically on the one hand and with the aim of increasing data protection and data security in our company on the other, in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data in the server log files is stored separately from all personal data provided by a data subject.

The legal basis for data processing is Art. 6 (1) lit. f) GDPR. Our legitimate interest follows from the purposes listed above for data collection.

6.3 Hosting by Hetzner

We host our website with Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen (hereinafter referred to as Hetzner).

When you visit our website, your personal data (e.g., IP addresses in log files) is processed on Hetzner’s servers.

The use of Hetzner is based on Art. 6 (1) lit. f) GDPR. We have a legitimate interest in the most reliable presentation, provision, and security of our website.

We have concluded a contract for order processing (AVV) with Hetzner in accordance with Art. 28 GDPR. This is a contract required by data protection law, which ensures that Hetzner processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.

Further information on Hetzner’s data protection regulations can be found at: https://www.hetzner.com/de/rechtliches/datenschutz

7. Cookies

7.1 General information about cookies

Cookies are small files that your browser automatically creates and that are stored on your IT system (laptop, tablet, smartphone, etc.) when you visit our site.

Information is stored in the cookie that is related to the specific device used. However, this does not mean that we immediately obtain knowledge of your identity.

The use of cookies serves to make the use of our website more pleasant for you. For example, we use so-called session cookies to recognize that you have already visited individual pages of our website. These are automatically deleted after you leave our website.

In addition, we also use temporary cookies to optimize user-friendliness, which are stored on your device for a specific period of time. If you visit our site again to use our services, it will automatically recognize that you have already been with us and what entries and settings you have made so that you do not have to enter them again.

On the other hand, we use cookies to statistically record the use of our website and to evaluate our offer for you for the purpose of optimization. These cookies enable us to automatically recognize that you have already visited our website when you visit it again.

The cookies set in this way are automatically deleted after a defined period of time. The respective storage period of the cookies can be found in the settings of the consent tool used.

7.2 Legal basis for the use of cookies

The data processed by cookies, which is necessary for the proper functioning of the website, is therefore necessary to safeguard our legitimate interests and those of third parties in accordance with Art. 6 (1) lit. f) GDPR.

For all other cookies, you have given your consent in accordance with Art. 6 (1) lit. a) GDPR via our opt-in cookie banner.

7.3 Usercentrics (consent management tool)

We use the consent management tool “Usercentrics” from Usercentrics GmbH, Sendlinger Str. 7, 80331 Munich, Germany. This service enables us to obtain and manage the consent of website users for data processing.

Usercentrics collects data generated by end users who use our website. When an end user gives their consent, Usercentrics automatically logs the following data:

– Browser information.
– Date and time of access.
– Device information.
– The URL of the page visited.
– Geographical location.
– Page path of the website.
– The consent status of the end user, which serves as proof of consent.

The consent status is also stored in the end user’s browser so that the website can
automatically read and comply with the end user’s consent for all subsequent page requests
and future end user sessions for up to 12 months. The consent data (consent and revocation
of consent) is stored for three years. The retention period corresponds to the regular
limitation period in accordance with § 195 BGB (German Civil Code). The data is then
immediately deleted or, upon request, transferred to the responsible person in the form of a
data export.
The functionality of the website cannot be guaranteed without the processing described. The
user has no right to object as long as there is a legal obligation to obtain the user’s consent
to certain data processing operations (Art. 7 (1), 6 (1) sentence 1 lit. c) GDPR).
Usercentrics is the recipient of your personal data and acts as a processor for us.
Detailed information on the use of Usercentrics can be found at:
https://usercentrics.com/privacy-policy/.

8. Contents of our website

8.1 Contacting us / contact form

When you contact us (e.g. via the contact form or email), personal data is collected.
The data collected when using a contact form can be seen in the respective contact
form. This data is stored and used exclusively for the purpose of responding to your
request or for establishing contact and the associated technical administration. The
legal basis for the processing of the data is our legitimate interest in responding to
your request in accordance with Art. 6 (1) lit. f) GDPR. If your contact request is
aimed at concluding a contract, the additional legal basis for the processing is Art. 6
(1) lit. b) GDPR. Your data will be deleted after your request has been processed,
which is the case when it can be inferred from the circumstances that the matter in
question has been conclusively clarified and there are no legal retention obligations
that prevent deletion.

8.2 Application management /job exchange

We collect and process the personal data of applicants for the purpose of handling the
application process. Processing may also be carried out electronically. This is particularly the
case if an applicant submits the relevant application documents to us electronically, for
example by e-mail or via a web form on the website. If we conclude an employment or
service contract with an applicant, the data transmitted will be stored for the purpose of
processing the employment relationship in compliance with the statutory provisions. If we do
not conclude a contract with the applicant, the application documents will be automatically
deleted two months after notification of the rejection decision, provided that no other
legitimate interests on our part prevent deletion. Another legitimate interest in this sense is,
for example, the obligation to provide evidence in proceedings under the General Equal
Treatment Act (AGG).
The legal basis for the processing of your data is Art. 6 (1) lit. b), 88 GDPR in conjunction
with § 26 (1) BDSG.

9. Our activities on social networks

We have our own pages on social networks so that we can communicate with you there and
inform you about our services. When you visit one of our social media pages, we are jointly
responsible with the provider of the respective social media platform for the processing
operations triggered by this, within the meaning of Art. 26 GDPR.
We are not the original provider of these pages, but merely use them within the scope of the
options offered to us by the respective providers.
As a precautionary measure, we therefore point out that your data may also be processed
outside the European Union or the European Economic Area. Use may therefore involve
data protection risks for you, as it may be more difficult to protect your rights, e.g. to
information, deletion, objection, etc., and processing on social networks is often carried out
directly for advertising purposes or to analyze user behavior by the providers, without us
being able to influence this. If usage profiles are created by the provider, cookies are often
used or your usage behavior is assigned to your own member profile on the social networks.
The processing of personal data described above is carried out in accordance with Art. 6 (1)
lit. f) GDPR on the basis of our legitimate interest and the legitimate interest of the respective
provider in order to communicate with you in a modern way and to inform you about our
services. If you have to give your consent to data processing as a user to the respective
providers, the legal basis refers to Art. 6 (1) lit. a) GDPR in conjunction with Art. 7 GDPR.
As we do not have access to the providers‘ data stocks, we would like to point out that it is
best to assert your rights (e.g. to information, correction, deletion, etc.) directly with the
respective provider. Further information on the processing of your data in social networks is
listed below for each of the social network providers we use:

9.1 Facebook

(Joint) controller for data processing in Europe: Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland
Privacy policy (data policy): https://www.facebook.com/about/privacy

9.2 Instagram

(Joint) controller for data processing in Germany: Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland
Privacy policy (data policy): https://instagram.com/legal/privacy/

9.3 LinkedIn

(Joint) controller for data processing in Europe: LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland
Privacy policy: https://www.linkedin.com/legal/privacy-policy

9.4 YouTube

(Joint) controller for data processing in Europe: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland
Privacy policy: https://policies.google.com/privacy

10. Plugins and other services

10.1 Google reCAPTCHA

We use the reCAPTCHA function on this website. The operating company of Google reCAPTCHA is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Google Ireland Limited is part of the Google group of companies headquartered at 1600
Amphitheatre Parkway, Mountain View, CA 94043, USA. The reCAPTCHA function is primarily used to distinguish whether an entry is made by a natural person or is abusive due to machine and automated processing. The service also includes sending the IP address
and, if necessary, other data required by Google for the reCAPTCHA service to Google.

These processing operations are carried out exclusively with the express consent of the user in accordance with Art. 6 (1) (a) GDPR.

The parent company Google LLC is certified as a US company under the EU-US Data
Privacy Framework. An adequacy decision pursuant to Art. 45 GDPR is hereby in place, so
that personal data may be transferred without further guarantees or additional measures.
Further information on Google reCAPTCHA and Google’s privacy policy can be found at:
https://www.google.com/intl/de/policies/privacy/.

10.2 HubSpot CRM system

We use the CRM software from HubSpot, Inc., 25 First Street, Cambridge, MA 02141, USA
(“HubSpot”).
HubSpot is a software CRM solution for customer relationship management and includes the following functions, among others:

– Deal management, lead management, and task management,
– Email tracking and notifications,
– Email templates and scheduling,
– Document sharing,
– Online appointment booking system,
– Telephony solutions such as automatic call recording and logging.

All departments (including, for example, marketing, sales, customer service, and online and brick-and-mortar retail) work together using the software described above.

The provider of HubSpot necessarily obtains knowledge of the above-mentioned data to the extent that this is provided for in our data processing agreement (Art. 28 GDPR) with HubSpot. This may include names, addresses, email addresses, and telephone numbers. Personal data is therefore also processed in a third country (outside the EU and the EEA).

If consent has been requested, processing is carried out exclusively on the basis of Art. 6 (1) (a) GDPR. The legal basis for the use of HubSpot within the framework of contractual relationships is Art. 6 (1) lit. b) GDPR. In all other cases, the legal basis for the processing of your personal data is Art. 6 (1) lit. f) GDPR. Here, our interest lies in the effective coordination of internal and external communication and the management of customer relationships.

To the extent that HubSpot processes personal data in connection with its own legitimate business operations, HubSpot is an independent data controller for this use and, as such, is responsible for complying with applicable laws and obligations of a data controller.

This US company is certified under the EU-US Data Privacy Framework. An adequacy decision pursuant to Art. 45 GDPR is hereby in place, meaning that personal data may be transferred without further guarantees or additional measures.

You can view HubSpot’s privacy policy at: https://legal.hubspot.com/de/privacy-policy.

11. Your rights as a data subject
11.1 Right to confirmation

You have the right to request confirmation from us as to whether personal data concerning you is being processed.

11.2 Right of access Art. 15 GDPR

You have the right to obtain from us, free of charge, information about the personal data stored about you and a copy of this data in accordance with the statutory provisions.

11.3 Right to rectification Art. 16 GDPR

You have the right to request the rectification of inaccurate personal data concerning you. Furthermore, you have the right to request the completion of incomplete personal data, taking into account the purposes of the processing.

11.4 Erasure Art. 17 GDPR

You have the right to request that we erase personal data concerning you without undue delay if one of the reasons provided for by law applies and if the processing or storage is not necessary.

11.5 Restriction of processing Art. 18 GDPR

You have the right to request that we restrict processing if one of the legal requirements is met.

11.6 Data portability Art. 20 GDPR

You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used, and machine-readable format. You also have the right to transmit this data to another controller without hindrance from us, to whom the personal data has been provided, provided that the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.

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

11.7 Objection Art. 21 GDPR

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 carried out on the basis of Art. 6 para. 1 lit. e) (data processing in the public interest) or f (data processing based on a balancing of interests) GDPR.

This also applies to profiling based on these provisions within the meaning of Art. 4 No. 4 GDPR.

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or if the processing serves to assert, exercise, or defend legal claims.

In individual cases, we process personal data for direct marketing purposes. You can object to the processing of personal data for such marketing purposes at any time. This also applies to profiling insofar as it is related to such direct marketing. If you object to us processing your data for direct marketing purposes, we will no longer process your personal data for these
purposes.

In addition, you have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you that is carried out by us for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 (1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

You are free to exercise your right to object in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

11.8 Revocation of consent under data protection law

You have the right to withdraw your consent to the processing of personal data at any time with effect for the future.

11.9 Complaint to a supervisory authority

You have the right to complain to a supervisory authority responsible for data protection about our processing of personal data.

12. Routine storage, deletion, and blocking of personal data

We process and store your personal data only for the period necessary to achieve the purpose of storage or as provided for by the legal provisions to which our company is subject.

If the purpose of storage no longer applies or a prescribed storage period expires, the
personal data is routinely blocked or deleted in accordance with the statutory provisions.

13. Duration of storage of personal data

The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted, unless it is no longer required for the fulfilment or initiation of a contract.