Art. 13 GDPR: Information to be provided where personal data is collected from the data subject

The protection of your personal data is of particular concern to us. We therefore process your personal data (in short "data") exclusively according to legal provisions. With this data protection declaration, we want to inform you comprehensively about the processing of your data in our company and the data protection claims and rights to which you are entitled in accordance with Article 13 of the European Data Protection Regulation (EU GDPR).

1. Who is responsible for data processing and who can you contact?

Data is processed by the Company:
Max Frank GmbH & Co. KG
Mitterweg 1
94339 Leiblfing
Deutschland

The responsible Data Protection Officer is:
Christian Volkmer
Projekt 29 GmbH & Co. KG
Ostengasse 14
93047 Regensburg
E-Mail: cvlkmrprjkt29d
Tel.: 0941-2986930

2. Which data is processed and what are the sources?

Your data will be processed within the scope of contract initiation, processing or in the scope of business relationships, on the basis of consent or in the scope of your application with us or in the context of your employment at our company.

Personal data includes:

Your master/contact data, for customers which includes e.g. first and last name, address, contact details (e-mail address, telephone number, fax), bank details.

For applicants and employees, this includes e.g. first and last name, address, contact details (e-mail address, telephone number, fax), date of birth, data from curriculum vitae and references, bank details, religious affiliation.

For business partners, this includes, for example, the name of their legal representative, company, commercial register number, VAT number, company number, address, contact person, contact details (e-mail address, telephone number, fax), bank details.

For prize lottery participants, this includes e.g. first name and surname, date of birth, address and contact details (e-mail address, telephone number) as well as – if stated by the latter – the company of the prize lottery participant.

For users of product software (in particular Egcobox and Egcodorn software), this includes e.g. first and last name, address, contact data (e-mail address, telephone number), as well as data for evaluating the use of the software. The evaluation serves the statistical processing and the improvement of our software and product offer. After installation, information on user behaviour is stored and processed in a log file. The contents of the log file are transmitted at regular intervals (after the software has been terminated) to Max Frank GmbH & Co. KG at regular intervals. If a transmission to our servers is not possible, the contents are stored in the log file until a successful transmission is carried out.
Stored information includes: Software serial number, date, duration of use and number of calculations, information on whether internal use by MAX FRANK employees or by an external user took place, the type of Egcobox catalogue, as well as confirmation information about any successful transmissions.

In addition, we also process the following personal data:

• information about the type and content of contract data, order data, turnover and receipt data, customer and supplier history and consultation documents,
• advertising and sales data,
• information from your electronic dealings with us (e.g. IP address, log-in data),
• other data that we have received from you in the course of our business relationship (e.g. in customer meetings),
• data that we generate ourselves from master / contact data and other data, e.g. by means of customer demand and customer potential analysis,
• documentation of your declaration of consent to receive information e.g. newsletters,
• photographs within the scope of events.
  

3. For what purposes and on which legal basis is the data processed?

We process your data in accordance with the regulations of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act 2018 in the version currently applicable:

• for the fulfilment of (pre-)contractual obligations (Art 6 para. 1lit.b GDPR):
  Your data will be processed for the purpose of processing contracts online or in one of our branches, for the purpose of processing contracts by your employees in our company. In particular, the data is processed when initiating business and executing contracts with you.

• for the fulfilment of legal obligations (Art 6 para. 1 lit.c GDPR):
  The processing of your data is necessary for the purpose of fulfilling various legal obligations, e.g. from the German Commercial Code or the German Fiscal Code.

• for the protection of legitimate interests (Art. 6 para. 1 lit.f GDPR):
  Based on a weighting of interests, data processing may take place beyond the actual fulfilment of the contract in order to preserve the legitimate interests of us or third parties. Data processing for the protection of legitimate interests takes place, for example, in the following cases:
  

  • advertising or marketing (see No. 4),
  • measures for business management and further development of services and products,
  • maintaining a group-wide customer database to improve customer service,
  • in the context of legal proceedings,
  • sending of non-promotional information and press releases.

• within the scope of your consent (Art 6 para. 1lit.a GDPR):
  If you have given us consent to process your data, e.g. to send you our newsletter, for the publication of photos, lotteries, etc.

4. Processing of personal data for advertising purposes

You can object to the use of your personal data for advertising purposes at any time, either as a whole or for individual measures without incurring any costs other than the transmission costs according to the basic rates.

Under the legal conditions of Section 7 (3) of the German Act against Unfair Competition (UWG), we are entitled to use your e-mail address you have indicated when concluding the contract for direct marketing for our own similar goods or services. You will receive product recommendations from us independently whether you have subscribed to our newsletter or not.
If you do not wish to receive such recommendations from us via e-mail, you can object to the use of your address for this purpose at any time without incurring any costs other than the transmission costs according to the basic rates. A message in text form is sufficient for this purpose. Of course, an unsubscribe link is always included in every e-mail.

5. Who receives my data?

If we use a service provider in the sense of commissioned processing, we remain responsible for the protection of your data. All commissioned processors are contractually obliged to treat your data confidentially and to process it only in the context of providing the service. The service processors commissioned by us receive your data so far as they require the data for the fulfilment of their respective service. These are, for example, IT service providers that we require for the operation and security of our IT system as well as advertising and address publishers for our own advertising campaigns.
Your data is processed in our customer database. The customer database supports the improvement of the data quality of the existing customer data (duplicate cleaning, moved/deceased indicators, address correction) and enables the enrichment with data from public sources.
This data is made available to the Group companies where necessary for the processing of contracts. Customer data is stored separately for each company, with our parent company acting as a service provider for the individual participating companies.
In the case of a legal obligation as well as in the scope of legal prosecution, authorities and courts as well as external auditors may be recipients of your data.
In addition, insurance companies, banks, credit agencies and service providers may be recipients of your data for the purpose of initiating and fulfilling contracts.

6. How long will my data be stored?

We process your data until the end of the business relationship or until the expiry of the applicable legal retention periods (such as from the German Commercial Code, the German Fiscal Code , the Home Law or the Working Hours Act); furthermore, until the end of any legal disputes in which the data is required as evidence.

7. Is personal data transferred to a third country?

Some of the processors are not located within the European Union. Therefore, a transfer to a third country takes place.

8. What data protection rights do I have?

You have a right to information, correction, deletion or restriction of the processing of your stored data at any time. A right to object to the processing as well as a right to data portability and to lodge a complaint in accordance with the requirements of data protection law.

Right to information:
You can request information from us and approve whether and to what extent we process your data.

Right to correction:
Should we process your data that is incomplete or incorrect, you can request the correction or completion of this data from us at any time.

Right to deletion:
You can request that we delete your data if we process it unlawfully or if the processing disproportionately interferes with your legitimate interests in protection. Please note there may be reasons that prevent immediate deletion, e.g. in the case of legally regulated retention obligations.
Irrespective of the exercise of your right to deletion, we will delete your data immediately and completely, insofar as there is no corresponding transactional or legal obligation for retention.

Right to restriction of the processing of your stored data:
You have the right to demand that we restrict the processing of your data in the following cases:

• you dispute the accuracy of the data, namely for a period of time that allows us to verify the correctness of the data,
• the processing of the data is unlawful, but you refuse deletion and instead request restriction of the use of the data,
• we no longer require the data for the intended purpose, but you still need this data to assert or defend legal claims, or
• you have objected to the processing of the data.

Right to data portability:
You can request from us that we provide you with your data you have given us in a structured, commonly used and machine-readable format and that you may transfer this data to another controller without hindrance from us, provided that

• we process this data on the basis of a revocable consent given by you or for the performance of a contract between us, and
• this processing is carried out with the aid of automated procedures.

If technically feasible, you can require us to transfer your data directly to another data controller.

Right of objection:
If we process your data for legitimate interest, you may object to this data processing at any time; this would also apply to profiling based on these provisions. We will then no longer process your data unless we can demonstrate compelling legitimate reasons for the processing which override your interests, rights and freedoms, or the processing is for the assertion, exercise or defence of legal claims. You can object to the processing of your data for the purpose of direct marketing at any time without giving reasons.

Right of complaint:
If you are of the opinion that we are violating German or European data protection law when processing your data, please contact us so that we can clarify any questions. Of course, you also have the right to contact the supervisory authority responsible for you, the respective state office for data protection supervision.
If you wish to assert any of the mentioned rights against us, please contact our data protection officer. In case of doubt, we may request additional information to confirm your identity.

9. Am I obliged to provide data?

The processing of your data is required for the conclusion or fulfilment of the contract you have entered with us. If you do not provide us with this data, we will usually have to refuse to conclude the contract or will no longer be able to perform an existing contract and consequently have to terminate it. However, you are not obliged to give your consent to data processing regarding data that is not relevant for the fulfilment of the contract or that is not required by law.

Updated: January 2021