Compliance with data protection

The Flensburger Schiffbau Gesellschaft mbH & Co. KG attaches particular importance to the protection of your personal data. Your personal data will be stored and used in accordance with the data protection provisions, in particular the European Data Protection Regulation (DSGVO).

This data protection declaration informs the user of the type, scope and purpose of the collection and use of personal data.

Responsible body in the sense of data protection law is Flensburger Schiffbau Gesellschaft mbH & Co. KG (Imprint – hereinafter “FSG”). FSG can be contacted at any time by datenschutz(at)fsg-ship(dot)de.

  1. What is personal data? How does FSG use the data of website visitors on the FSG website? Is profiling taking place? What are the legal bases for the processing of data?
  2. How and in what form is the data passed on to third parties or used further by FSG?
  • Which services and offers of third parties and cookies are used?
  1. Your rights: information, correction, deletion, restriction of processing, revocation, data transferability, right of appeal;
  2. Duration of storage of personal data; deletion periods;
  3. Data security, scope of application;
  • Objection advertising emails;
  • Responsible and contact person for data protection

 

I.

The legal basis of data protection can be found in particular in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data, on the free movement of data and on the repeal of Directive 95/46/EC (Basic Data Protection Regulation, “DSGVO”) as well as in the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).

  1. Personal data and consent

Personal data is information with which a person can be identified. This includes, among other things, the name, e-mail address, telephone number and other private information (hobbies, memberships, which websites are used by someone) of a natural person.

FSG only collects, uses and discloses personal data in accordance with the principles of data avoidance and data economy if this is legally permitted or the user consents to the collection of data.

Consent is any voluntary declaration of intent, in an informed and unequivocal manner, in the form of a declaration or other clear affirmative act by which the data subject indicates that he or she agrees to the processing of his or her personal data.

  1. visit to the FSG website

Visiting and using our website is generally possible without providing personal data. As far as on our sides personal data (for example name, address or e-mail addresses) are raised, this takes place, as far as possible, always on voluntary basis. These data will not be passed on to third parties without your express consent, unless there is a legal obligation to pass them on or the passing on serves criminal prosecution.

We would like to point out that data transmission over the Internet (e.g. communication by e-mail) can have security gaps. A complete protection of data against access by third parties is not possible.

  1. Evaluation of website usage

The provider of the FSG pages automatically collects and stores information in so-called server log files or access data, which your browser automatically transmits to us. These are:

browser type/ browser version

operating system used

Referrer URL

host name of the accessing computer

Time of the server request

These data are stored separately from other data that you enter in the context of the use of our offer. These data cannot be assigned to specific persons. These data are not combined with other data sources. FSG reserves the right to subsequently check the access data if we become aware of any concrete indications of illegal use. This data is then stored against the background that this is the only way to prevent misuse of our services and, if necessary, to enable us to investigate criminal offences committed. In this respect, the storage of this data is necessary to protect the data controller responsible for us.

However, FSG reserves the right to check the log data subsequently if there is a justified suspicion of illegal use based on concrete evidence.

  1. No profiling and no automated decision making

To optimize the FSG website, FSG collects and stores data such as your IP address. This is done anonymously without personally identifying the user of the site. FSG stores the IP address only for the duration of your visit, a personal evaluation does not take place. If necessary, user profiles are created using a pseudonym. Here again, there is no connection between the natural person behind the pseudonym and the collected usage data. FSG also collects and uses your IP address to enable you to access our website. There is no profiling or automated decision making by us.

Profiling means any automated processing of personal data consisting in the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, behaviour, location or relocation of that natural person. Examples of such profiling include the analysis of data (e.g. on the basis of statistical methods) with the aim of displaying personalised advertising to the user or giving job advertisements.

  1. Legal bases of data processing

The processing of data when using our offer is generally based on the legal basis of Art. 6 (1) b. DSGVO, i.e. the data are processed because they are necessary for the fulfilment of the contract between you and us or for the implementation of pre-contractual measures that take place at your request.

Furthermore, in special cases your data will be processed by the FSG on the basis of Art. 6 (1) c. DSGVO if processing is necessary to fulfil a legal obligation to which the FSG or other persons responsible are subject or on the basis of Art. 6 (1) e. DSGVO, if processing is necessary for the performance of a task which is in the public interest or which is carried out in the exercise of official authority which has been assigned to us or the person responsible.

In addition, the legal basis from Art. 6 (1) f. DSGVO – for example in the case of the collection of data during a visit to the FSG website or the transmission to the data processing system of FSG and other service providers – relevant if the processing is necessary to protect our legitimate interests or those of a third party and does not outweigh your interests or fundamental rights and freedoms that require the protection of personal data. A legitimate interest exists, for example, if a relevant and appropriate relationship exists between you (or the person concerned) and us (or the person responsible), for example if the person concerned is our customer or user of a service or is in his service.

 

II.

By order of the competent authorities, the FSG may provide information about this data (inventory data) in individual cases, insofar as this is necessary for the purposes of criminal prosecution, for averting danger, for fulfilling the legal tasks of the Federal Office for the Protection of the Constitution or the Military Counter-Intelligence Service or for enforcing intellectual property rights.

In addition, your personal data will be transmitted to the FSG data processing system for the purpose of application administration. You allow the FSG to record and store your personal data in an electronic database as far as this is necessary for the application administration.

 

III.

It may happen that third party content, such as maps from Google Maps, RSS feeds or graphics from other websites, is integrated within this online offer. This always presupposes that the provider of this content (hereinafter referred to as “third party provider”) is aware of the IP address of the users. Because without the IP address they could not send the content to the browser of the respective user. The IP address is therefore required for the display of this content. FSG endeavours to use only those contents whose respective providers use the IP address only for the delivery of the contents. However, FSG has no influence on this if the third-party providers store the IP address, e.g. for statistical purposes. As far as the FSG is aware of this, you or the users will be informed.

The FSG Internet pages use so-called cookies. Cookies do not cause any damage to your computer and do not contain any viruses. Cookies serve to make our website more user-friendly, effective and secure. Cookies are small text files that are stored on your computer and saved by your browser.

Most of the cookies used by FSG are so-called “session cookies”. They are automatically deleted at the end of your visit. Other cookies remain stored on your device until you delete them. These cookies enable FSG to recognize your browser on your next visit.

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. When cookies are deactivated, the functionality of this website may be limited.

 

IV.

  1. Right to information

You have the right at any time to receive information free of charge about the purpose of data processing and the origin and recipient of your stored personal data. You can contact datenschutz(at)fsg-ship(dot)de for information.

But: The right to information does not exist if the data are stored only because they may not be deleted due to legal or statutory retention regulations, or serve exclusively purposes of data protection or data protection control and the provision of information would require a disproportionate effort and processing for other purposes is excluded by suitable technical and organizational measures.

  1. Revocation

You have the right to revoke your consent to the use, processing or transmission of your data at any time in writing or by e-mail to FSG. For this purpose you can contact datenschutz(at)fsg-ship(dot)de.

In the event of revocation, FSG will no longer process the user’s stored data and delete it immediately. This does not apply if compelling reasons worthy of protection can be proven for the processing, if the interests, rights and freedoms of the user outweigh or if the processing serves to assert, exercise or defend legal claims.

You also have the right to revoke your data protection consent at any time with effect for the future. The best way to do this is to send an e-mail to: datenschutz(at)fsg-ship(dot)de.

  1. Correction and completion of data

You have the right to request FSG to correct any inaccurate personal data concerning you without delay. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data – also by means of a supplementary declaration. For this purpose you can contact datenschutz(at)fsg-ship(dot)de.

 

  1. Deletion (“right to be forgotten”)

You have the right to have personal data stored at FSG deleted immediately. For this purpose, the user can contact datenschutz(at)fsg-ship(dot)de.

Immediate deletion takes place in the following cases:

The personal data are no longer necessary for the purposes for which they were collected or otherwise processed;

The data subject withdraws his/her consent on which processing was based and there is no other legal basis for processing;

The data subject objects to the processing and there are no overriding legitimate grounds for processing;

The personal data have been processed unlawfully;

The deletion of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject;

The personal data have been collected directly from a child under 16 years of age or without parental consent in relation to information society services offered.

Upon termination of the contractual relationship, your data will be regularly deleted from the FSG database. Data are excluded from deletion if, for example, processing of the data is necessary for asserting, exercising or defending legal claims; for example, the processing of the contract with FSG or if legal retention periods prevent deletion.

Furthermore, the data will not be deleted if it is necessary in each case (i) to fulfil a legal obligation required for processing under the applicable law, or to perform a task in the public interest or in the exercise of official authority entrusted to the data controller; (ii) to exercise the right to freedom of expression and information; (iii) for reasons of the public interest in the field of public health; or (iv) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes where the right to erasure is likely to render impossible or seriously prejudicial the attainment of the objectives of such processing.

In the case of non-automated data processing, deletion is also not necessary if this would not be possible or only with disproportionately high effort due to the special type of storage and the interest of the data subject in the deletion is to be regarded as low. The deletion is then replaced by the restriction of the processing.

Furthermore, FSG restricts the processing and does not delete the data as long and as far as FSG has the reason to assume that deletion would impair your interests worthy of protection or those of the data subject. FSG will inform you or the data subject about the restrictions on processing, unless the information proves impossible or would require a disproportionate effort.

  1. Limitation of processing

You also have the right to request that the processing be restricted. For this purpose you can contact datenschutz(at)fsg-ship(dot)de.

You can only successfully enforce the right to restrict processing if one of the following conditions is met: (i) the accuracy of the personal data is disputed by the data subject for a period which enables the controller to verify the accuracy of the personal data; (ii) the processing is unlawful and the data subject refuses to delete the personal data and instead requests the restriction of the use of the personal data; (iii) the data controller no longer needs the personal data for the purposes of the processing, but the data subject needs them for the enforcement, exercise or defence of legal claims; or (iv) the data subject has lodged an objection to the processing until it has been established whether the data controller’s legitimate reasons outweigh those of the data subject.

In the event that you have obtained a restriction on processing, you will be informed accordingly by the FSG before the restriction is lifted.

Processing may be further restricted in certain cases instead of deleting the data. See in particular “Deletion (“Right to oblivion”)” above.

  1. Right to data transferability

You have the right to receive the personal data concerning you that you have provided to the FSG in a structured, common and machine-readable format. For this purpose you can contact datenschutz(at)fsg-ship(dot)de.

You also have the right to transfer this data to another data controller without interference by the data controller to whom the personal data have been provided, provided that the processing is based on consent or on a contract to which the data subject is a party and that the processing is carried out by means of automated procedures.

When exercising your right to data transferability, you have the right to have the personal data transferred directly by a data controller to another data controller, insofar as this is technically feasible.

This right shall not apply to the extent that the rights and freedoms of other persons are affected or to any processing necessary for the performance of a task in the public interest or in the exercise of official authority conferred on the person responsible.

  1. Right of appeal

You have a right of appeal against a supervisory authority of your choice.

The supervisory authorities in Germany are the competent (data protection) authorities under the respective laws of the federal states.

If you have any further questions on the subject of data protection, please do not hesitate to contact the FSG data protection officer at datenschutz(at)fsg-ship(dot)de.

 

V.

As a rule, FSG stores your personal data only as long as it is necessary for the execution of the contract or the respective purpose and limits the storage period to an absolutely necessary minimum.

In the case of longer-term contractual relationships, such as the use of our offer, these storage periods may vary, but are generally limited to the duration of the contractual relationship or, with regard to inventory data, to the maximum statutory retention periods (e.g. in accordance with the German Commercial Code (HGB) and the German Fiscal Code (AO)).

Criteria for the storage period include whether the data is still current, whether the contractual relationship with us still exists or whether an inquiry has already been processed or a process has been completed or not and whether legal retention periods for the personal data concerned are relevant or not.

 

VI.

  1. Data security

FSG uses technical and organisational security measures to protect personal data, in particular against accidental or intentional manipulation, loss, destruction or against access by unauthorised persons. FSG security measures are continuously improved in line with technological developments.

However, data protection and data security for data transfers in open networks such as the Internet cannot be fully guaranteed under the current state of the art. The user knows that the provider can view the pages stored on the web server and possibly also other user data stored there at any time from a technical point of view. The user is fully responsible for the security and security of the data he transmits to the Internet and stores on web servers. FSG cannot assume any liability for the disclosure of data due to errors or unauthorized access by third parties.

 

  1. Updates

FSG reserves the right to adapt the data protection declaration in accordance with the statutory provisions and to changes in data processing.

 

VII.

FSG hereby objects to the use of contact data published within the scope of the imprint obligation to send unsolicited advertising and information material.

The operators of these pages expressly reserve the right to take legal action in the event of unsolicited advertising information, such as spam e-mails.

 

VIII.

The person responsible as the natural or legal person, authority, institution or other body that alone or together with others decides on the purposes and means of processing personal data is the FSG website:

 

Flensburger Schiffbau-Gesellschaft mbH & Co. KG

Batteriestraße 52

24939 Flensburg

registered in the commercial register of the district court Flensburg under HRA 3140.

represented by the general partner Flensburger Schiffbau-Gesellschaft mbH

registered in the commercial register of the Flensburg district court under HRB 2036 represented by the managing director Rüdiger C. Fuchs.

Email: datenschutz(at)fsg-ship(dot)de

Phone: +49 (0) 461 4940 0

 

Data Protection Officer:

 

Kay Neve Email: Kay.Neve@fsg-ship.de Phone: +49 461 4940-117

If you have any questions regarding the collection, processing or use of personal data, the exercise of your rights (e.g. information, correction, deletion of data or revocation of consents given), please contact the FSG at the above-mentioned contact details.