Data Protection
We are very pleased about your interest in our company. Data protection has a particularly high priority for FlashX. The use of the website of FlashX is possible without any indication of personal data. However, if a data subject wants to use special services of our enterprise via our website, processing of personal data could become necessary. If processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the country-specific data protection regulations applicable to FlashX. By means of this data protection notice, we inform visitors to the website about the nature, scope and purpose of the personal data we collect, use and process, and about the rights to which you are entitled in this context.
As the controller, FlashX Security Solutions GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions may be subject to security vulnerabilities, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
This privacy notice uses the terms that are also used in the General Data Protection Regulation (GDPR). These terms include, but are not limited to, the following:
(A) Personal Data
Personal data is any information relating to an identified or identifiable natural person (hereinafter “concerned person”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
(B) Data Subject
Data subject any identified or identifiable natural person whose personal data are processed by the controller.
(C) Processing
Processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
(D) Restriction of Processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
(E) Profiling
Profiling is any type of automated processing of personal data that consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s job performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.
(F) Pseudonymization
Pseudonymization is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separate and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
(G) Controller or Person Responsible for the processing
The controller or person responsible for the processing is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law.
(H) Processor
Processor means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the Controller.
(I) Receiver
A receiver is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law shall not be considered as receiver.
(J) Third Party
A receiver is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law shall not be considered as receiver.
(K) Consent
Consent shall mean any freely given indication of the concerned person’s wishes for the specific case in an informed and unambiguous manner in the form of a statement or any other unambiguous affirmative act by which the data subject indicates that he or she consents to the processing of personal data relating to him or her.
FlashX Security Solutions GmbH
Am Rebenhang 25
65207 Wiesbaden
Germany
Phone: +49 160 7083315
E-mail: [email protected]
Website: www.FlashX.de
Data Protection Officer
The data protection officer of the person responsible for the processing is:
Sascha Groeger
FlashX Security Solutions GmbH
Am Rebenhang 25
65207 Wiesbaden
Germany
Phone: +49 160 7083315
E-mail: [email protected]
Website: www.FlashX.de
Any data subject may contact our data protection officer directly at any time with any questions or suggestions regarding data protection or to exercise their rights as described below.
The websites of FlashX use cookies. Cookies are text files that are stored on a computer system via an Internet browser.
Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.
Through the use of cookies, FlashX can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.
Through the use of cookies, FlashX can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.
Through the use of cookies, FlashX can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.
Collection of General Data and Information
The website of FlashX collects a series of general data and information with each call-up of the website by a data subject or automated system.
This general data and information is stored in the log files of the server. The following data may be collected:
- The browser types and versions used,
- The operating system used by the accessing system,
- The website from which an accessing system accesses our website (so-called referrer),
- The sub-websites that are accessed via an accessing system on our website,
- The date and time of access to the website,
- An Internet protocol address (IP address),
- The Internet service provider of the accessing system, and
- Other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
When using these general data and information, FlashX does not draw any conclusions about the data subject.
Rather, this information is needed:
- To deliver the content of our website correctly,
- To optimize the content of our website and the advertising for it,
- To ensure the long-term functionality of our information technology systems and the technology of our website, and
- To provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack.
Therefore, the FlashX Security Solutions GmbH analyzes anonymously collected data and information on one hand, statistically, and on the other hand, with the aim of increasing the data protection and data security of our enterprise, and ultimately ensuring an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.
FlashX processes and stores personal data of the data subject only for the period of time necessary to achieve the storage purpose or insofar as this has been provided for by the European Union legislator or another legislator in laws or regulations to which FlashX is subject.
If the storage purpose ceases to apply or if a legally prescribed storage period expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
(A) Right to confirmation
Every data subject has the right to obtain confirmation from the controller as to whether personal data concerning him or her are being processed.
(B) Right of access
Every data subject has the right to obtain from the controller, at any time and free of charge, information about the personal data stored about him or her and a copy of such information. Furthermore, the data subject may request information on the following:
- The purposes of processing
- The categories of personal data processed
- The recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organizations
- If possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- The existence of a right to obtain the rectification or erasure of personal data concerning them, or to obtain the restriction of processing by the controller, or a right to object to such processing
- The existence of a right of appeal to a supervisory authority
- If the personal data are not collected from the data subject: Any available information on the origin of the data
- The existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
Furthermore, the data subject shall have the right to obtain information as to whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.
(C) Right to rectification
Any data subject has the right to request that inaccurate personal data relating to him or her be corrected without undue delay. Furthermore, the data subject has the right to request the completion of incomplete personal data, also by means of a supplementary declaration, taking into account the purposes of the processing.
(D) Right to erasure (right to be forgotten)
Any data subject has the right to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is no longer necessary:
- The personal data were collected or otherwise processed for such purposes for which they are no longer necessary.
- The data subject revokes the consent on which the processing was based pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR and there is no other legal basis for the processing.
- The data subject objects to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the person objects to the processing pursuant to Art. 21 (2) GDPR.
- The personal data have been processed unlawfully.
- The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to information society services offered pursuant to Article 8 (1) of the GDPR.
(E) Right to restriction of processing
Any data subject has the right to obtain from the controller the restriction of processing where one of the following conditions is met:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.
- The controller no longer needs the personal data for the purposes of processing, but the data subject needs it for the establishment, exercise or defense of legal claims.
- The data subject has objected to the processing pursuant to Article 21 (1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.
(F) Right to data portability
Every data subject shall have the right to receive the personal data concerning him or her which have been provided by the data subject to a controller in a structured, commonly used and machine-readable format. He or she also has the right to transmit this data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR and the processing is carried out with the aid of 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 the controller.
Furthermore, when exercising the right to data portability pursuant to Article 20(1) of the GDPR, the data subject has the right to obtain that the personal data be transferred directly from one controller to another controller, to the extent that this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.
(G) Right to object
Any data subject has the right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her carried out on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.
The FlashX Security Solutions GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defence of legal claims.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by FlashX Security Solutions GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
(H) Automated decisions in individual cases including profiling
Any data subject has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision:
- is necessary for entering into, or the performance of, a contract between the data subject and the controller, or
- is permitted by legal provisions of the Union or the Member States to which the controller is subject, and those legal provisions contain adequate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, or
- is made with the explicit consent of the data subject.
(I) Right to revoke consent under data protection law
Every data subject has the right to withdraw consent to the processing of personal data at any time.
(J) Right to complain to a supervisory authority
You have the right to lodge a complaint with a supervisory authority, in particular in the member state of your place of residence, your place of work or the place of the alleged infringement, under the conditions of Art. 77 GDPR, if you are of the opinion that the processing of personal data concerning you violates the GDPR. The right of appeal is without prejudice to any other administrative or judicial remedy.
Supervisory Authority
The supervisory authority responsible for FlashX is:
The Hessian Commissioner for Data Protection and Freedom of Information
Data Protection Officer
Referat 2.3
Postfach 3163
65021 Wiesbaden
Germany
Phone: +49 611 1408 161
E-mail: [email protected]
However, we recommend that you always first direct a complaint to our data protection officer.
Your requests regarding the exercise of your rights should, if possible, be addressed in writing
to the address given in section 2 above or directly to our Data Protection Officer.
Use of Google Analytics
Provided that you have clicked on the option “Tracking Technologies – Accept” when entering the website at the beginning of use, the Google Analytics component will be used.
The controller has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, compilation and evaluation of data about the behaviour of visitors to websites. Among other things, a web analysis service collects data about the website from which a data subject has accessed a website (so-called referrers), which subpages of the website have been accessed or how often and for how long a subpage has been viewed. A web analysis is mainly used for optimizing a website and for cost-benefit analysis of internet advertising.
The operating company of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland. The controller uses the add-on “_gat._anonymizeIp” for web analysis via Google Analytics. By means of this addition, the IP address of the Internet connection of the data subject is shortened and anonymized by Google if access to our Internet pages is from a member state of the European Union or from another state party to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyse the flow of visitors to our website. Among other things, Google uses the data and information obtained to evaluate the use of our website, to compile online reports for us showing the activities on our website, and to provide other services related to the use of our website.
Google Analytics sets a cookie on the information technology system of the data subject. By setting the cookie, Google is enabled to analyse the use of our website. Each time one of the individual pages of this website is called up, the internet browser on the information technology system of the data subject is automatically caused by the respective Google Analytics component to transmit data to Google for the purpose of online analysis.
As part of this technical process, Google obtains knowledge of personal data, such as the IP address of the data subject, which Google uses, among other things, to track the origin of visitors and clicks and subsequently enable commission calculations. By means of the cookie, personal information, such as the access time, the place from which an access originated and the frequency of visits to our website by the data subject, is stored. Each time the data subject visits our website, this personal data, including the IP address of the internet connection used by the data subject, is transmitted to Google in the United States of America, where it is stored. Google may disclose this personal data collected via the technical procedure to third parties.
The data subject can prevent the setting of cookies by our website, as already described above, at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the information technology system of the data subject. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.
Furthermore, the data subject has the possibility to object to the collection of data generated by Google Analytics and related to the use of this website as well as to the processing of this data by Google and to prevent such processing. For this purpose, the data subject must download and install a browser add-on under the link:
https://tools.google.com/dlpage/gaoptout.
This browser add-on informs Google Analytics via JavaScript that no data and information regarding visits to Internet pages may be transmitted to Google Analytics. The installation of the browser add-on is considered by Google as an objection.
If the information technology system of the data subject is deleted, formatted or reinstalled at a later time, the data subject must reinstall the browser add-on in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person within his or her sphere of control, it is possible to reinstall or reactivate the browser add-on.
Legal Basis of Processing
Article 6 I lit. a of the GDPR serves our company as the legal basis 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 the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Article 6 I lit. b GDPR. The same applies to such 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 by which a processing of personal data becomes necessary, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data might become necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d GDPR.
Finally, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47 sentence 2 GDPR).
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, provided that it is no longer required for the fulfilment or initiation of the contract.
Necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
1. Definitions
This privacy notice uses the terms that are also used in the General Data Protection Regulation (GDPR). These terms include, but are not limited to, the following:
(A) Personal Data
Personal data is any information relating to an identified or identifiable natural person (hereinafter “concerned person”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
(B) Data Subject
Data subject any identified or identifiable natural person whose personal data are processed by the controller.
(C) Processing
Processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
(D) Restriction of Processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
(E) Profiling
Profiling is any type of automated processing of personal data that consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s job performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.
(F) Pseudonymization
Pseudonymization is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separate and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
(G) Controller or Person Responsible for the processing
The controller or person responsible for the processing is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law.
(H) Processor
Processor means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the Controller.
(I) Receiver
A receiver is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law shall not be considered as receiver.
(J) Third Party
A receiver is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law shall not be considered as receiver.
(K) Consent
Consent shall mean any freely given indication of the concerned person’s wishes for the specific case in an informed and unambiguous manner in the form of a statement or any other unambiguous affirmative act by which the data subject indicates that he or she consents to the processing of personal data relating to him or her.
2. Name and address of the person responsible for the processing
FlashX Security Solutions GmbH
Am Rebenhang 25
65207 Wiesbaden
Germany
Phone: +49 160 7083315
E-mail: [email protected]
Website: www.FlashX.de
3. Name and address of the Data Protection Officer
Data Protection Officer
The data protection officer of the person responsible for the processing is:
Sascha Groeger
FlashX Security Solutions GmbH
Am Rebenhang 25
65207 Wiesbaden
Germany
Phone: +49 160 7083315
E-mail: [email protected]
Website: www.FlashX.de
Any data subject may contact our data protection officer directly at any time with any questions or suggestions regarding data protection or to exercise their rights as described below.
4. Cookies
The websites of FlashX use cookies. Cookies are text files that are stored on a computer system via an Internet browser.
Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.
Through the use of cookies, FlashX can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.
Through the use of cookies, FlashX can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.
Through the use of cookies, FlashX can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.
5. Collection of general data and information
Collection of General Data and Information
The website of FlashX collects a series of general data and information with each call-up of the website by a data subject or automated system.
This general data and information is stored in the log files of the server. The following data may be collected:
- The browser types and versions used,
- The operating system used by the accessing system,
- The website from which an accessing system accesses our website (so-called referrer),
- The sub-websites that are accessed via an accessing system on our website,
- The date and time of access to the website,
- An Internet protocol address (IP address),
- The Internet service provider of the accessing system, and
- Other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
When using these general data and information, FlashX does not draw any conclusions about the data subject.
Rather, this information is needed:
- To deliver the content of our website correctly,
- To optimize the content of our website and the advertising for it,
- To ensure the long-term functionality of our information technology systems and the technology of our website, and
- To provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack.
6. Routine deletion and blocking of personal data
Therefore, the FlashX Security Solutions GmbH analyzes anonymously collected data and information on one hand, statistically, and on the other hand, with the aim of increasing the data protection and data security of our enterprise, and ultimately ensuring an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.
FlashX processes and stores personal data of the data subject only for the period of time necessary to achieve the storage purpose or insofar as this has been provided for by the European Union legislator or another legislator in laws or regulations to which FlashX is subject.
If the storage purpose ceases to apply or if a legally prescribed storage period expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
7. Rights of the data subject
(A) Right to confirmation
Every data subject has the right to obtain confirmation from the controller as to whether personal data concerning him or her are being processed.
(B) Right of access
Every data subject has the right to obtain from the controller, at any time and free of charge, information about the personal data stored about him or her and a copy of such information. Furthermore, the data subject may request information on the following:
- The purposes of processing
- The categories of personal data processed
- The recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organizations
- If possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- The existence of a right to obtain the rectification or erasure of personal data concerning them, or to obtain the restriction of processing by the controller, or a right to object to such processing
- The existence of a right of appeal to a supervisory authority
- If the personal data are not collected from the data subject: Any available information on the origin of the data
- The existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
Furthermore, the data subject shall have the right to obtain information as to whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.
(C) Right to rectification
Any data subject has the right to request that inaccurate personal data relating to him or her be corrected without undue delay. Furthermore, the data subject has the right to request the completion of incomplete personal data, also by means of a supplementary declaration, taking into account the purposes of the processing.
(D) Right to erasure (right to be forgotten)
Any data subject has the right to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is no longer necessary:
- The personal data were collected or otherwise processed for such purposes for which they are no longer necessary.
- The data subject revokes the consent on which the processing was based pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR and there is no other legal basis for the processing.
- The data subject objects to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the person objects to the processing pursuant to Art. 21 (2) GDPR.
- The personal data have been processed unlawfully.
- The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to information society services offered pursuant to Article 8 (1) of the GDPR.
(E) Right to restriction of processing
Any data subject has the right to obtain from the controller the restriction of processing where one of the following conditions is met:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.
- The controller no longer needs the personal data for the purposes of processing, but the data subject needs it for the establishment, exercise or defense of legal claims.
- The data subject has objected to the processing pursuant to Article 21 (1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.
(F) Right to data portability
Every data subject shall have the right to receive the personal data concerning him or her which have been provided by the data subject to a controller in a structured, commonly used and machine-readable format. He or she also has the right to transmit this data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR and the processing is carried out with the aid of 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 the controller.
Furthermore, when exercising the right to data portability pursuant to Article 20(1) of the GDPR, the data subject has the right to obtain that the personal data be transferred directly from one controller to another controller, to the extent that this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.
(G) Right to object
Any data subject has the right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her carried out on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.
The FlashX Security Solutions GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defence of legal claims.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by FlashX Security Solutions GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
(H) Automated decisions in individual cases including profiling
Any data subject has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision:
- is necessary for entering into, or the performance of, a contract between the data subject and the controller, or
- is permitted by legal provisions of the Union or the Member States to which the controller is subject, and those legal provisions contain adequate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, or
- is made with the explicit consent of the data subject.
(I) Right to revoke consent under data protection law
Every data subject has the right to withdraw consent to the processing of personal data at any time.
(J) Right to complain to a supervisory authority
You have the right to lodge a complaint with a supervisory authority, in particular in the member state of your place of residence, your place of work or the place of the alleged infringement, under the conditions of Art. 77 GDPR, if you are of the opinion that the processing of personal data concerning you violates the GDPR. The right of appeal is without prejudice to any other administrative or judicial remedy.
8. Privacy policy on the use and application of Google Analytics (with anonymization function)
Supervisory Authority
The supervisory authority responsible for FlashX is:
The Hessian Commissioner for Data Protection and Freedom of Information
Data Protection Officer
Referat 2.3
Postfach 3163
65021 Wiesbaden
Germany
Phone: +49 611 1408 161
E-mail: [email protected]
However, we recommend that you always first direct a complaint to our data protection officer.
Your requests regarding the exercise of your rights should, if possible, be addressed in writing
to the address given in section 2 above or directly to our Data Protection Officer.
Use of Google Analytics
Provided that you have clicked on the option “Tracking Technologies – Accept” when entering the website at the beginning of use, the Google Analytics component will be used.
The controller has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, compilation and evaluation of data about the behaviour of visitors to websites. Among other things, a web analysis service collects data about the website from which a data subject has accessed a website (so-called referrers), which subpages of the website have been accessed or how often and for how long a subpage has been viewed. A web analysis is mainly used for optimizing a website and for cost-benefit analysis of internet advertising.
The operating company of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland. The controller uses the add-on “_gat._anonymizeIp” for web analysis via Google Analytics. By means of this addition, the IP address of the Internet connection of the data subject is shortened and anonymized by Google if access to our Internet pages is from a member state of the European Union or from another state party to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyse the flow of visitors to our website. Among other things, Google uses the data and information obtained to evaluate the use of our website, to compile online reports for us showing the activities on our website, and to provide other services related to the use of our website.
Google Analytics sets a cookie on the information technology system of the data subject. By setting the cookie, Google is enabled to analyse the use of our website. Each time one of the individual pages of this website is called up, the internet browser on the information technology system of the data subject is automatically caused by the respective Google Analytics component to transmit data to Google for the purpose of online analysis.
As part of this technical process, Google obtains knowledge of personal data, such as the IP address of the data subject, which Google uses, among other things, to track the origin of visitors and clicks and subsequently enable commission calculations. By means of the cookie, personal information, such as the access time, the place from which an access originated and the frequency of visits to our website by the data subject, is stored. Each time the data subject visits our website, this personal data, including the IP address of the internet connection used by the data subject, is transmitted to Google in the United States of America, where it is stored. Google may disclose this personal data collected via the technical procedure to third parties.
The data subject can prevent the setting of cookies by our website, as already described above, at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the information technology system of the data subject. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.
Furthermore, the data subject has the possibility to object to the collection of data generated by Google Analytics and related to the use of this website as well as to the processing of this data by Google and to prevent such processing. For this purpose, the data subject must download and install a browser add-on under the link:
https://tools.google.com/dlpage/gaoptout.
This browser add-on informs Google Analytics via JavaScript that no data and information regarding visits to Internet pages may be transmitted to Google Analytics. The installation of the browser add-on is considered by Google as an objection.
If the information technology system of the data subject is deleted, formatted or reinstalled at a later time, the data subject must reinstall the browser add-on in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person within his or her sphere of control, it is possible to reinstall or reactivate the browser add-on.
Legal Basis of Processing
Article 6 I lit. a of the GDPR serves our company as the legal basis 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 the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Article 6 I lit. b GDPR. The same applies to such 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 by which a processing of personal data becomes necessary, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data might become necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d GDPR.
Finally, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47 sentence 2 GDPR).
9. Legal basis of processing
If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the performance of our business activities for the benefit of the well-being of all our employees and our shareholders.
10. Legitimate interests in the processing pursued by the controller or a third party
11. Duration for which the personal data are stored
Necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
12. Legal or contractual requirements to provide the personal data
13. Existence of automated decision making
14. Social media
A link to a variety of social media services is embedded on our website. After clicking on the link, you will be redirected to the particular page, i.e. only then will user information be transmitted to the particular page. For information on how your data is handled when using the social media services websites, please refer to their individual privacy policy.
