Privacy Policy

1. Data protection at a glance

General notes

The following notes provide a simple overview of what happens to your personal data when you visit this website. Personal data is any data by which you can be personally identified. For detailed information about data protection, please refer to our Privacy Policy below this text.

Data collection on this website

Who is responsible for data collection on this website?

Data processing on this website is carried out by the website operator. You can find their contact details in the section ‘Note on the controller’ in this Privacy Policy.

How do we collect your data?

On the one hand, your data is collected by you providing it to us. This can be, for example, data that you enter in a contact form. Other data is collected automatically or with your consent by our IT systems when you visit the website. This is mainly technical data (e.g. internet browser, operating system or time of page view). This data is collected automatically as soon as you enter this website.

What do we use your data for?

Some of the data is collected to ensure error-free provision of the website. Other data may be used to analyse your user behaviour.

What rights do you have regarding your data?

You have the right at any time to receive information free of charge about the origin, recipient and purpose of your stored personal data. You also have the right to request the rectification or erasure of this data. If you have given your consent to data processing, you can revoke this consent at any time for the future. You also have the right to request the restriction of the processing of your personal data in certain circumstances. Furthermore, you have the right to lodge a complaint with the competent supervisory authority. You can contact us at any time with regard to this and other questions on the subject of data protection and privacy.

Third-party analysis tools and tools

When visiting this website, your surfing behaviour may be analysed statistically. This is done mainly using analysis programs. Detailed information about these analysis programs can be found in the following Privacy Policy.

2. General notes and mandatory information

Data protection

The controller takes the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this Privacy Policy.

When you use this website, various personal data is collected. Personal data is data with which you can be identified. This Privacy Policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.

We would like to point out that data transmission via the internet (e.g. communication by e-mail) may create security gaps. It is not possible to protect data fully against access by third parties.

Note on the controller

Fact Informationssysteme & Consulting GmbH
Hellersbergstraße 11
41460 Neuss
Germany

E-mail: info@fact.de
Phone: +49 2131 777 0

The controller is the natural or legal person who alone or jointly with others determines the purposes and means of processing personal data (e.g. names, e-mail addresses, etc.).

Storage period

Unless a more specific storage period is stated within this Privacy Policy, your personal data will remain with us until the purpose for processing the data no longer applies. If you assert a justified request for erasure or revoke your consent to data processing, your data will be erased unless we have other legally permissible reasons for storing your personal data (e.g. retention periods under tax or commercial law); in the latter case, the data will be erased once these reasons no longer apply.

Data privacy officer required by law

We have appointed a data privacy officer for our company pursuant to Art. 37 et seq. of the EU General Data Protection Regulation (GDPR).

Swen Goslar
aigner business solutions GmbH
Goldener Steig 42
94116 Hutthurm
Germany

Phone: +49 8505 91927-0
E-mail: datenschutz@fact.de

Note on data transfer to the USA

Among other things, tools from companies based in the USA are integrated on our website. When these tools are active, your personal data may be transferred to the US servers of the respective companies. We would like to point out that the USA is not a safe third country within the meaning of EU data protection law. US companies are obliged to hand over personal data to security authorities without you as the data subject being able to take legal action against this. It therefore cannot be ruled out that US authorities (e.g. intelligence services) process, evaluate and permanently store your data located on US servers for surveillance purposes. We have no influence on these processing activities.

Forwarding to third-party websites

We have included links to third-party websites. When you click on these links, data is transmitted to the operator of the website. This Privacy Policy does not govern the collection, disclosure or handling of personal data by third parties. Please check the controller’s privacy policy.

Revocation of your consent to data processing

Many data processing operations are only possible with your explicit consent. You may revoke consent you have already given at any time. The lawfulness of the data processing carried out until the revocation remains unaffected by the revocation.

Right to object to the collection of data in specific cases and to direct marketing (Art. 21 GDPR)

IF THE DATA PROCESSING IS BASED ON ART. 6 (1) (E) OR (F) GDPR, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS, OR THE PROCESSING IS FOR THE ESTABLISHMENT, EXERCISE OR DEFENCE OF LEGAL CLAIMS (OBJECTION UNDER ART. 21 (1) GDPR).

IF YOUR PERSONAL DATA IS PROCESSED FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING; THIS ALSO APPLIES TO PROFILING INSOFAR AS IT IS CONNECTED WITH SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR THE PURPOSE OF DIRECT MARKETING (OBJECTION PURSUANT TO ART. 21 (2) GDPR).

Right of complaint to the competent supervisory authority

In the event of breaches of the GDPR, data subjects have the right of complaint to a supervisory authority, in particular in the Member State of their habitual residence, place of work or the place of the alleged breach. The right of complaint is without prejudice to any other administrative or judicial remedy.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in performance of a contract provided to you or to a third party in a commonly used, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done insofar as this is technically feasible.

SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send to us as the site operator. You can recognise an encrypted connection by the fact that the address line of the browser changes from ‘http://’ to ‘https://’ and by the lock symbol in your browser line. If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Information, erasure and rectification

Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, its origin and recipients, the purpose of the data processing and, if applicable, the right to rectification or erasure of this data. You may contact us at any time about this and any other questions you may have on the subject of personal data.

Right to restriction of processing

You have the right to request the restriction of the processing of your personal data. You may contact us at any time for this purpose. The right to restrict processing exists in the following cases:

If you contest the accuracy of your personal data held by us, we will usually need time to verify this. For the duration of the review, you have the right to request the restriction of the processing of your personal data.
If the processing of your personal data was/is unlawful, you may request the restriction of data processing instead of erasure.
If we no longer need your personal data, but you need it to exercise, defend or establish legal claims, you have the right to request the restriction of the processing of your personal data instead of erasure.
If you have made an objection pursuant to Art. 21 (1) GDPR, your interests and our interests must be weighed against each other. As long as it has not yet been determined whose interests prevail, you have the right to demand the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, such data – apart from being stored – may only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or a Member State.

3. Data collection on this website

Cookies
Our website uses ‘cookies’. These are small text files that do not cause any damage to your terminal device. They are stored either temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your terminal device. Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your terminal device until you delete them yourself or until they are automatically deleted by your web browser.

In some cases, cookies from third-party companies may also be stored on your terminal device when you enter our site (third-party cookies). These enable us or you to use certain services of the third-party company (e.g. cookies for processing payment services).

Cookies have various functions. Many cookies are technically necessary as certain website functions would not be possible without them (e.g. the shopping cart function or the display of videos). Other cookies are used to analyse user behaviour or display advertising.

Cookies that are necessary for the electronic communication process (necessary cookies) or to provide certain functions that you have requested (functional cookies, e.g. for the shopping cart function) or to optimise the website (e.g. cookies to measure the web audience) are stored on the basis of Art. 6 (1) (f) GDPR, unless another legal basis is specified. The website operator has a legitimate interest in storing cookies for the technically error-free and optimised provision of its services. If consent to the storage of cookies has been requested, the storage of the cookies in question is based exclusively on this consent (Art. 6 (1) (a) GDPR); consent may be revoked at any time.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be limited.

If cookies are used by third-party companies or for analysis purposes, we will inform you about this separately within the framework of this Privacy Policy and, if necessary, request your consent.

Technically required cookies

Name	Provider	Purpose
User Consent Management Platform	Usercentrics	Consent management service
TYPO3	TYPO3 Association	Content management system

Marketing

Name	Provider	Cookie designation	Purpose	Duration
Google Analytics	Google LLC	_ga	Cookie from Google for website analytics; generates statistical analysis about how the visitor uses the website to provide you with a better visitor experience	2 years
Google Analytics	Google LLC	_gat	Used by Google Analytics to limit the request rate	1 day
Google Analytics	Google LLC	_gid	Registers a unique ID that is used to generate statistical data on how the visitor uses the website	1 day

Consent with Usercentrics

Our website uses a cookie consent tool to obtain consent for storing certain cookies and using certain technologies. This technology is supplied by Usercentrics GmbH, Sendlinger Straße 7, 80331 Munich, Germany. More information: https://usercentrics.com/de/ (hereinafter referred to as ‘Usercentrics’).

When you visit our website, the consent tool processes the following data and transmits it to Usercentrics:

Consent or revocation of your consent
IP address
Browser information
Information about the terminal device
Time at which the website was visited

Usercentrics also stores a cookie on your browser in order to be able to allocate the consent provided and its revocation. This data is stored until you make use of your right to erasure, delete the cookie yourself or the purpose for storing the data no longer exists. Statutory retention obligations remain unaffected. The Usercentrics consent tool is used to obtain the consent required by law for the use of certain technologies. The legal basis for this is Art. 6 (1) (c) GDPR.

Server log files

The website provider automatically collects and stores information in server log files which your browser automatically transmits to us. This information includes:

Browser type and version
Operating system used
Referrer URL
Host name of the accessing computer
Time of the server request
IP address

This data is not merged with other data sources.

The collection of this data is based on Art. 6 (1) (f) GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimisation of its website – for this purpose, the server log files must be recorded.

Contact forms

If you send us enquiries via one of our contact forms, the contact details you provide and the content of your enquiry will be stored by us for processing. We do not transfer this data without your consent.

The processing of this data is based on your consent pursuant to Art. 6 (1) (a) GDPR. The data you provide will remain with us until the purpose for storing the data no longer applies or you request us to erase it. Legal provisions, in particular retention obligations, remain unaffected.

Enquiry by e-mail, telephone or fax

If you contact us by e-mail, telephone or fax, your enquiry – including all resulting personal data (name, enquiry) – will be stored and processed by us for the purposes of processing your request. We do not transfer this data without your consent.

The processing of this data is based on Art. 6 (1) (b) GDPR, insofar as your request is related to the fulfilment of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective handling of the enquiries addressed to us (Art. 6 (1) (f) GDPR).

The data you send to us via enquiries will remain with us until you request us to erase it, revoke your consent to store it or the purpose for storing the data no longer applies (e.g. after we have finished processing your enquiry). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.

Use of customer portals

Through our website, it is possible to use various portals for individual customer support. To ensure access security, the portals can only be accessed using an assigned password and user ID.

We process the personal data (in particular user ID, password, IP address, e-mail address, first name, last name, data on interaction and use of the platform offer, time zone, language, page views incl. date and time, movement log of all writing activities, change log incl. date and time) generated in the course of use for the purpose of fulfilling the contract pursuant to Art. 6 (1) (b) GDPR, on the basis of your express declaration of consent pursuant to Art. 6 (1) (a) GDPR as well as on the basis of our legitimate interest pursuant to Art. 6 (1) (f) GDPR.

For the operation of the platforms, we use service providers who act for us as processors within the meaning of Art. 28 GDPR. In order to ensure that data is processed strictly in accordance with instructions, we have concluded commissioned processing agreements with them pursuant to Art. 28 (3) GDPR.

4. Analysis tools and advertising

Google Tag Manager

We use Google Tag Manager to integrate tracking tools on our website. This is provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

Google Tag Manager does not store any cookies itself and does not perform any analyses. It is used to manage integrated tools. In so doing, it also records your IP address which may be transmitted to Google’s parent company in the USA.

The use of Google Tag Manager is based on Art. 6 (1) (a) GDPR and Section 25 (1) of Germany’s Act to Regulate Data Protection and Privacy in Telecommunications and Telemedia (TTDSG). You may revoke your consent at any time.

Google Analytics 4

Description of the service

This service allows us to measure the traffic and engagement on our website and mobile apps using customisable reports.

Processing company

Google Ireland Limited, Google Building, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland

Data privacy officer of the processing company

Below is the e-mail address of the data privacy officer of the processing company.

https://support.google.com/policies/contact/general_privacy_form

Purpose of the data

This list shows the purposes of collecting and processing the data.

• Marketing

• Analysis

Technologies used

This list shows all the technologies used by this service to collect data. Typical technologies are cookies and pixels which are set on the browser.

• Tracking code

• Cookies

Data collected

This list shows all the (personal) data collected by or through the use of this service.

• Account data

• Anonymised IP address

• Bounce rates

• Browser data

• Click path

• Date and time of visit

• Device data

• Downloads

• Visit duration

• Site information

• Internet service provider

• Mouse movements

• Screen resolution

• Behaviour data

• Referrer URL

• App updates

Legal basis

Below is the necessary legal basis for processing data:

• Art. 6 (1) (a) GDPR

Processing location

This is the primary location where the data collected is processed. You will be informed separately if the data will also be processed in other countries.

• European Union

Retention period

The retention period is the time for which the data collected is stored for processing. The data must be erased as soon as it is no longer needed for the specified processing purposes.

• The customer may choose how long Google Analytics stores their data. The maximum retention period is 26 months.

Transfer to third countries

This service may transfer the data collected to another country. Please note that this service may transfer data to a country which does not apply an adequate level of data protection. If the data is transferred to the USA, there is a risk that your data may be processed by US authorities for control and surveillance purposes without any judicial remedy being available to you. Below is a list of the countries to which your data may be transferred. This list is subject to constant amendment and is intended as an overview. Further details can be accessed via the Google links provided below.

• United States of America

• Singapore

• Taiwan

• Chile

Data recipients

The recipients of the data collected are listed below.

• Alphabet Inc., Google LLC, Google Ireland Limited

Click here to read the data processor’s data privacy provisions.

https://policies.google.com/privacy?hl=en

Click here to read the data processor’s cookie policy.
https://policies.google.com/technologies/cookies?hl=en

Click here to revoke your consent to processing on all the processing company’s domains. https://tools.google.com/dlpage/gaoptout?hl=de

Storage information

Below you will find the maximum potential storage duration on a device that was defined when using the cookie storage method and other methods.

• Maximum storage duration of cookies: Session

Google Ads

We use Google Ads on our website. This is an online advertising program provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter referred to as ‘Google’).

Google Ads enables us to publish advertising on the Google search engine or on third-party websites when users enter certain search terms. In addition, it offers advertising based on the user data held by Google (target group advertising). As the website operator, we are able to perform quantitative analyses of the most frequently used search terms that result in our advertising being displayed and how often this generated clicks on our website.

We deploy this service on the basis of your consent pursuant to Art. 6 (1) (a) GDPR and Section 25 (1) TTDSG. You may revoke your consent at any time.

Data transfer to the USA is based on the standard contractual clauses of the European Commission. You will find details here:

https://policies.google.com/privacy/frameworks and

https://privacy.google.com/businesses/controllerterms/mccs/.

Google Conversion Tracking

We use Google Conversion Tracking on our website to identify whether visitors have performed certain actions. This is provided by Google Ireland (‘Google’) Gordon House, Barrow Street, Dublin 4, Ireland.

Google Conversion Tracking enables us to analyse, for example, how often users click certain buttons on our website as the basis for producing conversion statistics. We do not obtain any information that would enable us to identify you. The tool tells us the total number of users who have clicked on our advertising and what actions led them to do so. Google itself uses cookies and other technologies for identification purposes.

We deploy this service on the basis of your consent pursuant to Art. 6 (1) (a) GDPR and Section 25 (1) TTDSG. You may revoke your consent at any time.

You will find more information about Google Conversion Tracking in Google’s privacy policy: https://policies.google.com/privacy?hl=de

IP anonymisation

We have activated the IP anonymisation function on this website. This means that your IP address will be truncated by Google within Member States of the European Union or in other contracting states to the Agreement on the European Economic Area before being transmitted to the USA. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information for the purpose of analysing your use of the website, compiling reports on website activity and providing other services relating to website activity and internet use to the website operator. The IP address transmitted by your browser to Google Analytics will not be merged with other Google data.

Browser plugin

You can prevent the collection and processing of your data by Google by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

You will find more information on how Google Analytics handles user data in Google’s privacy policy: https://support.google.com/analytics/answer/6004245?hl=de.

Storage period

Data stored by Google at user and event level that is linked to cookies, user identifiers (e.g. user ID) or advertising IDs (e.g. DoubleClick cookies, Android advertising ID) will be anonymised or deleted after 14 months. Details can be found at: https://support.google.com/analytics/answer/7667196?hl=de

LinkedIn Insight Tag

This website uses the LinkedIn Insight Tag. The provider of this service is LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland.

Data processing by LinkedIn Insight Tag

With the help of the LinkedIn Insight Tag, we receive information about the visitors to our website. If a website visitor is an active member of LinkedIn, information such as their demographic data can be analysed.

If you are logged in to your LinkedIn account at the same time, we can use LinkedIn Insight Tags to measure whether you, as a visitor to our website, make a purchase or perform other actions (conversion measurement). Conversion measurement can also be carried out across devices (e.g. from PC to tablet). The data collected by LinkedIn cannot be assigned to specific individuals by us as the website operator.

LinkedIn itself uses the cookie to collect log files (URL, referrer URL, IP address, device and browser properties and time of access). The IP addresses are truncated or (if they are used to reach LinkedIn members across devices) pseudonymised. The direct identifiers of LinkedIn members are deleted by LinkedIn within seven days. The remaining pseudonymised data is then deleted within 90 days.

LinkedIn may store the collected personal data of website visitors on its servers in the USA and use it in the context of its own advertising measures. For details, see LinkedIn’s privacy policy at https://www.linkedin.com/legal/privacy-policy#choices-oblig.

Legal basis

LinkedIn Insight is used exclusively on the basis of Art. 6 (1) (a) GDPR. You may revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until revocation.

Objection to LinkedIn regarding the analysis of user behaviour

You may object to the analysis of usage behaviour and targeted advertising by LinkedIn at: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.

Furthermore, members of LinkedIn may opt out of the use of their personal data for advertising purposes in their account settings. In order to avoid the collection of data by LinkedIn and your LinkedIn account, you must log out of your LinkedIn account before visiting our website.

Processing

We have concluded a processing agreement with the above-mentioned provider. This is a contract required by data protection law which ensures that this company only processes the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR.

5. Newsletter

We use Sendinblue (formerly Newsletter2Go) newsletter software. Your data is transmitted to Newsletter2Go GmbH. Sendinblue (formerly Newsletter2Go) is prohibited from selling your data and using it for purposes other than sending newsletters. Sendinblue (formerly Newsletter2Go) is a German certified provider which was selected pursuant to the requirements of the GDPR and Germany’s Federal Data Protection Act (BDSG).

Further information can be found at https://de.sendinblue.com/informationen-newsletter-empfaenger/.

The processing and transmission of your data takes place exclusively on the basis of your consent pursuant to Art. 6 (1) (a) GDPR. You may revoke your consent to the storage of the data, the e-mail address and the use of these to send the newsletter at any time, for example by clicking on the ‘Unsubscribe’ link in the newsletter.

6. Plugins and tools

Adobe Typekit web fonts

Our website uses Adobe Typekit to uniformly display certain fonts. The provider is Adobe Systems Software Ireland Limited (‘Adobe Ireland’). Adobe Ireland may transfer personal data to Adobe Inc. in the USA. Adobe bases this data transfer on standard contractual clauses of the European Commission. You can find more information at: https://www.adobe.com/de/privacy/eudatatransfers.html.

When you access our website, your browser loads the necessary fonts directly from Adobe to display them correctly on your terminal device. In doing so, your browser establishes a connection to Adobe’s servers. This will notify Adobe that our website has been accessed via your IP address. No cookies are saved when providing the fonts.

The use of Adobe Typekit web fonts is necessary to ensure a consistent typeface on our website. This constitutes a legitimate interest within the meaning of Art. 6 (1) (f) GDPR.

For more information on Adobe Typekit web fonts, please visit: https://www.adobe.com/de/privacy/policies/typekit.html.

You can find Adobe’s privacy policy at: https://www.adobe.com/de/privacy/policy.html

7. Social media

Data protection information for LinkedIn

We use a LinkedIn business account. When you visit our website, your options include reacting to and commenting on our posts and sending us direct messages. Visiting our profile triggers a large number of data processing operations involving your personal data. We inform you of your rights regarding the processing of your personal data. You are not obliged to provide us with your personal data. However, this may be necessary for individual functionalities of our social media profiles. We process your data to ensure a customer-oriented corporate presentation, for effective market communication and for dialogue with the users of our social media pages. The legal basis for data processing is provided by Art. 6 (1) (f) GDPR. Data processing is necessary in the pursuit of our legitimate interests. Your interests or fundamental freedoms and rights are not considered to override our interests because you have decided of your own volition to enter into this form of interaction and communication.

If you use our LinkedIn profile to contact us, the data you provide us will be processed only for the purpose of contacting you. Thus, the legal basis for collecting the data is provided by Art. 6 (1) (a) GDPR. Your consent to communicate via LinkedIn is covered by Art. 6 (1) (b) GDPR and to enter into or perform a contract (contract of employment) by Section 26 BDSG. Art. 6 (1) (f) GDPR covers our legitimate interest in effective public relations work.

Transfer of data to a third country

LinkedIn is headquartered in the USA. This means that all your data will be transferred to an unsafe third country which does not apply a comparable level of data protection to that of the European Union. Given your voluntary use of the platform, this data transfer is pursuant to Art. 6 (1) (a) and Art. 49 (1) (a) GDPR.

We would like to draw your attention to the fact that the platform operator uses web tracking and profiling systems in order to create extensive profiles of the platform’s users. However, we have no influence on these systems. When you visit our social media pages, your personal data is not only collected, used and stored by us but also by the social media operators. This will also occur even if you do not have a LinkedIn profile yourself. Please consult the LinkedIn privacy policy for details about the collection and storage of your personal data and about the type, extent and purpose of their use by LinkedIn: https://www.linkedin.com/legal/privacy-policy

Secure communication

It should be noted, moreover, that communication via the internet can never be fully secured. For this reason, you should not provide us with any particularly sensitive data and personal information. In particular, you should not submit any job applications via our social media pages. You may use the other communication channels shown in our legal notice to contact us at any time.

Data protection information in respect of the recording of photographs and videos at our events and their subsequent use

Protecting your privacy is a priority for our company and one we take very seriously. For this reason, we would like to provide you with information on the recording of photographs and videos at our events and their subsequent use.

Controller
Fact Informationssysteme & Consulting GmbH
Hellersbergstraße 11
41460 Neuss
Germany

Scope of validity

This data protection information explains the type, extent and purpose of recording and using personal information by the controller, Fact Informationssysteme & Consulting GmbH, represented by its managing director, Manfred Beckers, e-mail: info@fact.de.

The data protection information applies to our events.

The legal basis for data protection is provided by the GDPR as well as Germany’s BDSG and Telemedia Act (TMG).

Further information about data processing by our company can be found at: https://www.fact.de/datenschutz.

Procedure for recording and publishing photographs and videos

Within the context of appropriate public relations work, our photographers and videographers record photographs and videos at events that we may publish subsequently. When recording photographs and videos, we observe the following principles in order to balance your privacy rights with our interest in conducting appropriate public relations work.
Photographs and videos depicting you individually in focus will only be recorded and published with your express consent pursuant to the GDPR.
In the case of images taken in such a way that individual persons only appear as additional features and in the background of the event, it is not necessary to obtain the express consent of each person depicted. The recording of such photographs and videos is justified by our legitimate interest in effective public relations work.
Nevertheless, if you do not wish to appear on such photographs or in videos, please inform either the photographer, the videographer or one of our employees. From that time on, you will no longer be photographed or filmed.

Handling personal data

Personal data means any information relating to an identified or identifiable natural person (data subject).
The processing of such data is only lawful if at least one of the following conditions applies:

The data subject has given their consent to the processing of their personal data for one or more purposes.
Processing is necessary for the fulfilment of a contract or the implementation of pre-contractual measures.
Processing is necessary for the controller to meet its legal obligations.
Processing is necessary in the pursuit of the controller’s legitimate interests or those of third parties and these do not override the opposing interests of the data subject.

Description of the affected group of persons and the related data or data categories

All participants in our events, our employees and people who work for us in the course of the event are affected by data processing.

Data processing extends to all personal data which is evident on the photographs or videos recorded. This applies to data concerning your presence at the event and any contacts with other persons. Photographs and videos may also provide an indication of your state of health, your religious beliefs, your ethnic origin and any other information (e.g. religious symbols, glasses).

Legal basis for data processing

The recording and processing of photographs and videos are based on our legitimate interest in effective public relations work within the meaning of Art. 6 (1) (f) GDPR. This legal basis only applies if your interests and protected rights do not override our legitimate interest. When recording photographs and videos, the principles of Sections 22 and 23 of Germany’s Art Copyright Act (KUG) are observed. Distribution of the images is based on an assessment of the existence of the circumstances described in Art. 6 (1) (f) GDPR. Thus, the data subject has no overriding interest, provided this person only appears as an additional feature on the images and the focus lies on depicting the event as a whole.
Photographs or videos that focus on you as an individual will only be recorded on the basis of your express consent pursuant to Art. 6 (1) (a) GDPR. In this case, your consent covers both the recording of the photograph or video itself as well as the publication and distribution of the image recorded under the conditions described herein.

Internal data processing

Our company processes the data for the following purposes:

Creating marketing measures
Exhibiting photographs or videos for the purposes of reminiscence
Publishing images on our website at https://www.fact.de/

Transfer of data to recipient groups

We transfer the photographs and videos to external marketing agencies and media representatives.
Other external recipients (authorities, police, lawyers, etc.) are derived from legal requirements and our legitimate interest.

Statutory periods for the erasure of personal data

Personal data is erased upon the expiration of statutory and contractual retention periods.
If personal data is not subject to a retention period, it is deleted as soon as the named purpose no longer exists.

Transfer of personal data to a third country

As a rule, no personal data is transferred to a third country. However, should it still occur, this data transfer is governed by an adequacy decision (e.g. Canada), consent, binding corporate rules or EU standard contractual clauses.

Right of access

The data subject has the right to obtain from the controller confirmation as to whether or not personal data concerning them is being processed.
To this end, Fact Informationssysteme & Consulting GmbH provides an overview showing the purposes of processing, the categories of personal data processed and the recipients or categories of recipient of the data.

Rights to rectification, erasure and restriction of processing

Pursuant to Art. 16 GDPR, the data subject has the right to obtain without undue delay the rectification of inaccurate personal data concerning them. Taking into account the purposes of the processing, the data subject also has the right to have incomplete personal data completed.
Pursuant to Art. 17 GDPR, the data subject has the right to obtain from the controller the erasure of personal data concerning them without undue delay, unless such erasure is opposed by other legal requirements.
Pursuant to Art. 18 GDPR, the data subject has the right to obtain restriction of processing where:

the accuracy of the personal data is contested.
the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
the data subject has objected to processing pursuant to Art. 21 GDPR.

Right of revocation

The data subject has the right to revoke their consent at any time. Such revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until revocation.

Right to object

The data subject has the right to object at any time to the processing of personal data concerning them. Fact Informationssysteme & Consulting GmbH will then no longer process the personal data unless it can demonstrate compelling legitimate grounds which override the data subject’s interests, rights and freedoms.

Right of complaint

Every data subject has the right of complaint to a supervisory authority if they are of the opinion that the processing of their personal data breaches the GDPR.

Data privacy officer

We have appointed a data privacy officer to act for Fact Informationssysteme & Consulting GmbH pursuant to Art. 37 et seq. GDPR:

Contact
Swen Goslar
aigner business solutions GmbH
Goldener Steig 42
94116 Hutthurm
Germany
Phone.: +49 8505 91927-0
E-mail: datenschutz@fact.de

Status of the data privacy information

Continuous development may mean that it is necessary to amend our data privacy principles from time to time. We reserve the right to make such amendments at any time.

As of: May 2023