Privacy policy

We, Funkwerk AG together with our subsidiaries (hereinafter jointly referred to as “the company”, “we” or “us”) take the protection of your personal data seriously and would like to inform you here about data protection in our company.

As part of our responsibility under data protection law, additional obligations have been imposed on us by the entry into force of the EU General Data Protection Regulation (Regulation (EU) 2016/679; hereinafter: “GDPR”) in order to ensure the protection of personal data of the person affected by processing (we also refer to you as the data subject hereinafter as “customer”, “user”, “you”, “you” or “data subject”).

Insofar as we decide on the purposes and means of data processing either alone or together with others, this includes, above all, the obligation to inform you transparently about the type, scope, purpose, duration and legal basis of the processing (see Art. 13 and 14 GDPR). With this declaration, we inform you about the way in which your personal data is processed by us.

§1 Information on the collection of personal data, controller, data protection officer

(1) In the following, we provide information about the collection of personal data when using our website. Personal data is all data that can be related to you personally, e.g. name, address, email addresses, user behaviour. We only process our users' personal data to the extent necessary to provide a functional website and our content and services.

When you visit our website, we store certain information about the browser and operating system you are using, the date and time of your visit, the access status (e.g. whether you were able to access a web page or received an error message), the use of website functions, the search terms you may have entered, the frequency with which you access individual web pages, the name of files accessed, the amount of data transferred, the website from which you accessed our website and the website you visit from our website, whether by clicking on links on our website or by entering a domain directly in the input field of the same tab (or window) of your browser in which you opened our website. In addition, for security reasons, in particular to prevent and recognise attacks on our website or attempts at fraud, we store your IP address and the name of your Internet service provider for a period of seven days.

We only store other personal data if you provide us with this data, e.g. as part of a registration, a contact form, a survey, a competition or to fulfil a contract, and even in these cases only insofar as we are permitted to do so on the basis of your consent or in accordance with the applicable legal provisions (for more information, see § 2 „Legal bases of processing“).

(2) The controller pursuant to Art. 4 (7) of the EU General Data Protection Regulation (GDPR) is Funkwerk AG, Im Funkwerk 5, D-99625 Kölleda/Thuringia, Germany, e-mail: info@funkwerk.com (see our legal notice). You can reach our data protection officer at datenschutz@funkwerk.com or our postal address with the addition „the data protection officer“.

§2 Legal bases of the processing

(1) Unless a legal basis for a processing operation is already mentioned elsewhere, the processing operations are carried out on the basis of the relevant basis specified in the following paragraphs.

(2) If you have given us your consent to process your personal data, this constitutes the legal basis for the processing (Art. 6 (1) (a) GDPR).

(3) The legal basis for the processing of personal data for the purposes of initiating or fulfilling a contract with you is Art. 6 (1) (b) GDPR.

(4) Insofar as the processing of your personal data is necessary to fulfil our legal obligations (e.g. to store data), we are authorised to do so in accordance with Art. 6 para. 1 lit. c GDPR are authorised to do so.

(5) Furthermore, we process personal data for the purposes of safeguarding our legitimate interests and the legitimate interests of third parties in accordance with Art. 6 (1) (f) GDPR. Such legitimate interests include maintaining the functionality of our IT systems, as well as marketing our own and third-party products and services and the legally required documentation of business contacts.

§3 Right of cancellation and possibility of objection

(1) If you have given your consent to the processing of your data, you can revoke this at any time. All you need to do to withdraw your consent is to send an informal e-mail to datenschutz@funkwerk.com. Such a cancellation affects the permissibility of the processing of your personal data after you have declared it to us. The lawfulness of the data processing that has already taken place remains unaffected by the cancellation.

(2) Insofar as we base the processing of your personal data on the balancing of interests, you can object to the processing. This is the case if, in particular, the processing is not necessary for the fulfilment of a contract with you, which is described by us in the following description of the functions. When exercising such an objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the situation and will either discontinue or adapt the data processing or show you our compelling reasons worthy of protection on the basis of which we will continue the processing.

§4 Data security

We use suitable technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or unauthorised access by third parties. Our security measures are continuously improved in line with technological developments.

§5 Cooperation with processors

We use external service providers to process our business transactions. These service providers only act in accordance with our instructions and are contractually obliged to comply with data protection regulations within the meaning of Art. 28 GDPR. If your personal data is passed on by us to our subsidiaries or is passed on to us by our subsidiaries (e.g. for advertising purposes), this is done on the basis of existing order processing relationships.

§6 Duration of data storage and deletion of your data

If no explicit storage period is specified at the time of collection (e.g. as part of a declaration of consent), your personal data will be deleted if it is no longer required to fulfil the purpose for which it was stored, unless statutory retention obligations (e.g. retention obligations under commercial and tax law) prevent deletion.

§7 Requirements for the transfer of personal data to third countries

As part of our business relationships, your personal data may be passed on or disclosed to third-party companies. These may also be located outside the European Economic Area (EEA), i.e. in third countries. Such processing takes place exclusively for the fulfilment of contractual and business obligations and to maintain your business relationship with us. We will inform you about the respective details of the transfer at the relevant points below.

The European Commission certifies that some third countries have data protection standards comparable to the EEA standard by means of so-called adequacy decisions (a list of these countries and a copy of the adequacy decisions can be found here:

commission.europa.eu

However, in other third countries to which personal data may be transferred, there may not be a consistently high level of data protection due to a lack of legal provisions. If this is the case, we ensure that data protection is adequately guaranteed. This is possible via binding company regulations, standard contractual clauses of the European Commission for the protection of personal data, certificates, recognised codes of conduct or self-certification via the EU-US Privacy Shield.

§8 Your rights

(1) You have the following rights vis-à-vis us with regard to your personal data:

Right to information about which personal data has been stored,

Right to rectification, erasure or restriction of the processing of personal data (insofar as this does not conflict with statutory obligations or the necessity of processing for the fulfilment of the business relationship),

Right to object to the processing (see also §3),

Right to transfer the personal data that we have stored in a machine-readable format.

To exercise the aforementioned rights, please contact our data protection officer.

(2) You also have the right to complain to a data protection supervisory authority about the processing of your personal data by us. The supervisory authority responsible for us is the:

Thuringian State Commissioner for Data Protection and Freedom of Information
PO Box 900455
99107 Erfurt
poststelle@datenschutz.thueringen.de

§9 Collection of personal data when visiting our website

If you use the website for informational purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure stability and security (legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR):

IP address

Date and time of the enquiry

Time zone difference to Greenwich Mean Time (GMT)

Content of the request (specific page)

Access status/HTTP status code

Amount of data transferred in each case

Website from which the request comes

Browser

Operating system and its interface

Language and version of the browser software

§10 Contact form MESA®

(1) A MESA® contact form is available on our website, which can be used to contact us electronically with enquiries about your MESA® train radio system. If a user makes use of this option, the data entered in the input mask will be transmitted to us and stored. This data is mandatory:

Company

Contact person/department

Address

Telephone

E-mail address

In addition, the following data can be voluntarily transmitted to us, which will then also be stored:

fax

Mobile phone

At the time the message is sent, the data listed in § 9 is also stored.

(2) The legal basis for the processing of the data is Art. 6 para. 1 sentence 1 lit. a GDPR if the user has given consent, otherwise our legitimate interest pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR in processing the support enquiry or error message. The data will not be passed on to third parties in this context. The data is used exclusively for processing the conversation.

(3) The processing of the personal data from the input mask serves us solely to process the enquiry. The other personal data processed during the sending process is used to prevent misuse of the MESA® contact form and to ensure the security of our information technology systems.

§11 Contact form

(1) There is also a contact form on our website which can be used to contact us electronically for enquiries other than for the purpose stated under § 10. If a user makes use of this option, the data entered in the input mask will be transmitted to us and stored. This data is mandatory:

Surname and first name of the contact person

Address

Telephone

E-mail address

In addition, the following data can be voluntarily transmitted to us, which will then also be stored:

Company

Position/Department

Remarks

At the time the message is sent, the data listed in § 3 is also stored.

(2) The legal basis for the processing of the data is our legitimate interest in processing the contact enquiry, Art. 6 para. 1 sentence 1 lit. f GDPR. The data will not be passed on to third parties in this context. The data is used exclusively for processing the conversation.

(3) The processing of personal data from the input screen is solely for the purpose of processing the support enquiry. The other personal data processed during the sending process is used to prevent misuse of the contact form and to ensure the security of our information technology systems.

§12 Offers of third parties on our website

Our website may also contain third-party offers. If you click on such an offer, we transfer data to the respective provider to the extent necessary (e.g. the information that you have found this offer on our website and, if applicable, further information that you have already provided on our website for this purpose).

1. integration of YouTube videos

(1) Our website uses plugins from the YouTube site operated by the service provider Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Oreland. We have integrated YouTube videos into our online offering, which are available on https://www.youtube.com and can be played directly from our website. These are all integrated in „extended data protection mode“, i.e. no data about you as a user is transferred to YouTube if you do not play the videos. Only when you play the videos will the data mentioned in paragraph 2 be transmitted. We have no influence on this data transfer. The use of YouTube is in the interest of an appealing presentation of our online offers. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 sentence 1 lit. f GDPR.

(2) By visiting the website, YouTube receives the information that you have accessed the corresponding subpage of our website. In addition, the data mentioned under § 9 of this declaration will be transmitted. This occurs regardless of whether YouTube provides a user account through which you are logged in or whether no user account exists. If you are logged in to Google, your data will be assigned directly to your account. If you do not wish your data to be associated with your YouTube profile, you must log out before activating the button. YouTube stores your data as usage profiles and uses them for the purposes of advertising, market research and/or customising its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide customised advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact YouTube to exercise this right.

(3) Further information on the purpose and scope of data collection and its processing by YouTube can be found in the provider's privacy policy. There you will also find further information on your rights and setting options to protect your privacy. The privacy policy for YouTube can be found at: https://www.google.de/intl/de/policies/privacy view. Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

2. integration of OpenStreetMaps

(1) We integrate the maps of the “OpenStreetMap” service (https://www.openstreetmap.org), which are offered on the basis of the Open Data Commons Open Database Licence (ODbL) by the OpenStreetMap Foundation (OSMF). This allows us to display interactive maps directly on the website and enables you to use the map function conveniently. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 sentence 1 lit. f GDPR.

(2) By visiting the website, the OpenStreetMap Foundation receives the information that you have accessed the corresponding subpage of our website. In addition, the data mentioned under § 9 of this declaration is transmitted. The user data is used by OpenStreetMap exclusively for the purpose of displaying the map functions and temporarily storing the selected settings. This data may include, in particular, IP addresses and location data of users, which, however, are not collected without their consent.

(3) Further information on the purpose and scope of data collection and its processing by the plug-in provider can be found in the privacy policy of the provider OpenStreetMap Foundation. There you will also find further information on your rights in this regard: https://wiki.osmfoundation.org/wiki/Privacy_Policy.

§13 Career portal

(1) We use the online application tool softgarden from softgarden e-recruiting GmbH for our career portal. In this respect, softgarden e-recruiting GmbH acts as a processor for us. In addition to the automated data collection for operational and maintenance purposes by softgarden e-recruiting GmbH, which records the interaction taking place via this application (system logs) or processes other personal data (e.g. IP address), your Internet browser automatically transmits further data when you access the career portal for technical reasons. The following data is stored separately from other data that you may transmit to us:

Date and time of access

Browser type and version

Operating system used

URL of the previously visited website

Amount of data sent

IP address of the access

This data is stored solely for technical reasons and is not assigned to a specific person at any time. The legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR.

To make the application process transparent for you, you can register in the career portal. To do this, you must enter your name and e-mail address as well as a password. This data is required to set up and manage an account for you in the career portal. Last but not least, we also need this and any other data in order to be able to respond to requests, questions and criticism.

Further optional data are

Contact details (address, telephone number)

Curriculum vitae data (e.g. school education, vocational training, professional experience, language skills) 

Profiles in social networks (e.g. XING, LinkedIn, Facebook)

Documents in connection with applications (application photos, cover letters, certificates, references, work samples, etc.)

The legal basis for processing is Section 26 (1) BDSG. The data will not be transferred to third parties.

In order to optimise our application processes, you have the opportunity to provide feedback at various stages of the application process when using the career portal. The position title and location of the position for which you have applied are recorded. No other personal data is collected. Personal data will not be transmitted. The legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR.

On the career board, you also have the option of being automatically informed about new vacancies. This is done either by means of an e-mail newsletter or via an RSS feed. The target group, job group and location can be entered to specify the subscription. However, you can also be informed about new vacancies without further specification. If you wish to be informed about new job vacancies via the e-mail newsletter, we need your e-mail address. The legal basis for this is your consent to receive the newsletter in accordance with Art. 6 para. 1 lit. a GDPR. You can revoke your consent to receive the newsletter at any time via the unsubscribe link in the newsletter. No personal data is processed via the RSS feed to inform you about new job advertisements.

§14 Utilisation of the SalesViewer® technology

This website uses SalesViewer® technology from SalesViewer® GmbH to collect and store data for marketing, market research and optimisation purposes on the basis of the website operator's legitimate interests (Art. 6(1)(f) GDPR).

For this purpose, a javascript-based code is used to collect company-related data and use it accordingly. The data collected using this technology is encrypted using a non-reversible one-way function (known as hashing). The data is immediately pseudonymised and is not used to personally identify the visitor to this website.

The data stored in the context of Salesviewer will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations.

You can object to the collection and storage of data at any time with effect for the future by clicking on this link https://www.salesviewer.com/opt-out to prevent SalesViewer® from collecting data on this website in the future. An opt-out cookie for this website will be stored on your device. If you delete your cookies in this browser, you must click on this link again.

§ 15 Web analysis through Matomo

1. scope of the processing of personal data

This website uses Matomo, a web analysis service. Matomo is a software developed by InnoCraft Ltd, 150 Willis St, 6011 Wellington, New Zealand. The data is stored on servers in the European Union and only transferred to third countries if the requirements of Art. 44 et seq. of the GDPR are met and our consent has been obtained. Matomo does not collect any session data without your consent.

Matomo uses cookies. These text files are stored on your computer and enable Funkwerk AG to analyse the use of its website. This helps us to constantly improve the website. The information is stored on a server managed by us, which is located within the European Union. The data is not passed on to third parties for their own purposes. IP anonymisation is activated and your IP address is reduced, which means that we have no technical means of identifying you as a registered user.

If you consent to web analysis using Matomo, the following data will be collected when you access individual pages of our website:

(1) 2 bytes of the IP address of the user's calling system,
(2) The website called up,
(3) The website from which the user accessed the website (referrer),
(4) The subpages that are accessed from the accessed website,
(5) The time spent on the website,
(6) The frequency of visits to the website.

Users' personal data is only stored there. The data is not passed on to third parties.

You can decide whether a web analysis cookie may be stored in your browser to enable Funkwerk to collect and analyse statistical data.

2. legal basis for the processing of personal data

The legal basis for the processing of users' personal data is Art. 6 para. 1 lit. a GDPR.

3. purpose of data processing

The processing of users' personal data enables us to analyse the surfing behaviour of our users. By analysing the data obtained, we are able to compile information about the use of the individual components of our website. This helps us to constantly improve our website and its user-friendliness. By anonymising the IP address, the interest of users in the protection of their personal data is adequately taken into account.

4. duration of storage

The data is deleted as soon as it is no longer required for our recording purposes. The generated statistics and underlying data are not deleted.

5. possibility of objection and removal

Cookies are stored on the user's computer and transmitted by it to our website. As a user, you therefore have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all the functions of the website to their full extent.

You can find more information on the privacy settings of the Matomo software under the following link: https://matomo.org/privacy/

Reference is made to your right to rectification, erasure and objection in accordance with Art. 16, 17 and 21 GDPR; you can find more information on this in § 8.

§16 Cookies

Information on the cookies we use and their functions can be found in our cookie information.

§17 Amendment of the privacy policy

As part of the ongoing development of data protection law and technological or organisational changes, our privacy policy is regularly reviewed to determine whether it needs to be amended or supplemented.

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