Privacy Policy
We are pleased that you are visiting our website. The protection and security of your personal information when using our website is very important to us. We would therefore like to take this opportunity to inform you which of your personal data we collect when you visit our website and for what purposes it is used.
This privacy policy applies to the FRAGOL AG website, which can be accessed under the domain fragol.de and the various subdomains (‘our website’).
I. Who is responsible and how can I contact you?
Data controller
for the processing of personal data within the meaning of the EU General Data Protection Regulation (GDPR)
FRAGOL AG
Solinger Str. 16
45481 Mülheim an der Ruhr
+49 (0)208 30002-0
datenschutzbeauftragter@fragol.de
Data protection officer (DPO)
AGAD Service GmbH
Waldring 43-47
44789 Bochum
Telefon: +49 (0)234 282533-0
datenschutzbeauftragterfragol.de
II. What is it all about?
This privacy policy fulfils the legal requirements for transparency in the processing of personal data. This is any information relating to an identified or identifiable natural person. This includes, for example, information such as your name, age, address, telephone number, date of birth, email address, IP address or user behaviour when visiting a website. Information for which we cannot (or only with disproportionate effort) establish a connection to your person, e.g. through anonymisation, is not personal data. The processing of personal data (e.g. the collection, retrieval, use, storage or transmission) always requires a legal basis and a defined purpose.
Stored personal data will be deleted as soon as the purpose of the processing has been achieved and there are no legitimate reasons for further storage of the data. We will inform you of the specific storage periods or criteria for storage in the individual processing operations. Irrespective of this, we store your personal data in individual cases for the assertion, exercise or defence of legal claims and in the event of statutory retention obligations.
III. Who will receive my data?
We only pass on your personal data that we process on our website to third parties if this is necessary for the fulfilment of the purposes and is covered by the legal basis (e.g. consent or protection of legitimate interests) in individual cases. In addition, in individual cases we pass on personal data to third parties if this serves the assertion, exercise or defence of legal claims. Possible recipients may then be, for example, law enforcement authorities, lawyers, auditors, courts, etc.
Insofar as we use service providers for the operation of our website who process personal data on our behalf as part of order processing in accordance with Art. 28 GDPR, they may be recipients of your personal data. Further information on the use of processors and web services can be found in the overview of the individual processing operations.
IV. Do you use cookies?
Cookies are small text files that are sent by us to the browser of your end device and stored there when you visit our website. As an alternative to the use of cookies, information can also be stored in the local storage of your browser. Some functions of our website cannot be offered without the use of cookies or local storage (technically necessary cookies). Other cookies, on the other hand, enable us to carry out various analyses so that we are able, for example, to recognise the browser you are using when you visit our website again and to transmit various information to us (non-essential cookies). With the help of cookies, we can, among other things, make our website more user-friendly and effective for you, for example by tracking your use of our website and determining your preferred settings (e.g. country and language settings). If third parties process information via cookies, they collect the information directly via your browser. Cookies do not cause any damage to your end device. They cannot execute programmes or contain viruses.
We provide information about the respective services for which we use cookies in the individual processing operations. Detailed information on the cookies used can be found in the cookie settings or in the Consent Manager of this website.
V. What rights do I have?
Under the conditions of the statutory provisions of the General Data Protection Regulation (GDPR), you have the following rights as a data subject:
- Information in accordance with Art. 15 GDPR about the data stored about you in the form of meaningful information on the details of the processing as well as a copy of your data;
- Correction in accordance with Art. 16 GDPR of incorrect or incomplete data stored by us;
- erasure pursuant to Art. 17 GDPR of data stored by us, unless the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defence of legal claims;
- Restriction of processing pursuant to Art. 18 GDPR if the accuracy of the data is contested, the processing is unlawful, we no longer need the data and you oppose the erasure of the data because you need it for the establishment, exercise or defence of legal claims or you have objected to processing pursuant to Art. 21 GDPR.
- Data portability pursuant to Art. 20 GDPR, insofar as you have provided us with personal data on the basis of consent pursuant to Art. 6 para. 1 lit. a GDPR or on the basis of a contract pursuant to Art. 6 para. 1 lit. b GDPR and these have been processed by us using automated procedures. You will receive your data in a structured, commonly used and machine-readable format or we will transmit the data directly to another controller if this is technically feasible.
- Objection pursuant to Art. 21 GDPR to the processing of your personal data, insofar as this is carried out on the basis of Art. 6 para. 1 lit. e, f GDPR and there are reasons for this arising from your particular situation or the objection is directed against direct advertising. The right to object does not exist if overriding, compelling legitimate grounds for the processing can be demonstrated or the processing is carried out for the establishment, exercise or defence of legal claims. If the right to object does not exist for individual processing operations, this is indicated there.
- Revocation pursuant to Art. 7 para. 3 GDPR of your consent with effect for the future.
- Complaint pursuant to Art. 77 GDPR to a supervisory authority if you believe that the processing of your personal data violates the GDPR. You can contact the supervisory authority of your usual place of residence, your workplace or our company headquarters:
Landesbeauftragte für Datenschutz und Informationsfreiheit
Nordrhein-Westfalen
Kavalleriestraße 2 - 4
40213 Düsseldorf
Telefax +49 (0)211 38424-999
poststelleldi.nrw.de
VI. How will my data be processed in detail?
Below we inform you about the individual processing operations, the scope and purpose of the data processing, the legal basis, the obligation to provide your data and the respective storage period. Automated decision-making in individual cases, including profiling, does not take place.
Provision of the website
Type and scope of processing
When you access and use our website, we collect the personal data that your browser automatically transmits to our server. The following information is temporarily stored in a so-called log file:
- IP address of the requesting computer
- Date and time of access
- Name and URL of the retrieved file
- Website from which the access was made (referrer URL)
- Browser used and, if applicable, the operating system of your computer, as well as the name of your access provider
Our website is not hosted by us, but by a service provider who processes the aforementioned data on our behalf in accordance with Art. 28 GDPR. See subsection ‘Hosting’.
Purpose and legal basis
Processing is carried out to safeguard our overriding legitimate interest in displaying our website and ensuring security and stability on the basis of Art. 6 (f) GDPR. The collection of data and storage in log files is absolutely necessary for the operation of the website. There is no right to object to the processing due to the exception under Art. 21 para. 1 GDPR. Insofar as further storage of the log files is required by law, the processing is carried out on the basis of Art. 6 para. 1 lit. c GDPR. There is no legal or contractual obligation to provide the data, but it is not technically possible to access our website without providing the data.
Storage duration
The aforementioned data is stored for the duration of the website display and, for technical reasons, for a maximum of 7 days.
Unless a more specific storage period has been specified in this privacy policy, your personal data will remain with us until the purpose for data processing no longer applies. If you assert a justified request for deletion or revoke your consent to data processing, your data will be deleted 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 deletion will take place after these reasons no longer apply.
VII. Hosting
We host the content of our website with the following provider:
DomainFactory
The provider is DomainFactory GmbH, c/o WeWork, Neuturmstraße 5, 80331 Munich (hereinafter referred to as DomainFactory). When you visit our website, DomainFactory collects various log files including your IP addresses.
Details can be found in DomainFactory's privacy policy: www.df.eu/de/datenschutz/.
Die Verwendung von DomainFactory erfolgt auf Grundlage von Art. 6 Abs. 1 lit. f DSGVO. DomainFactory is used on the basis of Art. 6 para. 1 lit. f GDPR. We have a legitimate interest in ensuring that our website is displayed as reliably as possible. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TDDDG, insofar as the consent includes the storage of cookies or access to information in the user's terminal device (e.g. for device fingerprinting) within the meaning of the TDDDG. Consent can be revoked at any time.
Data processing
We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract prescribed by data protection law, which guarantees that it processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.
VIII. SSL or TLS encryption
This website 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.
IX. Contact form
If you send us enquiries via the contact form, your details from the enquiry form, including the contact details you provided there, will be stored for the purpose of processing the enquiry and in the event of follow-up questions. This data is processed on the basis of Art. 6 para. 1 lit. b GDPR if your enquiry 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 processing of the enquiries addressed to us (Art. 6 para. 1 lit. f GDPR) or on your consent (Art. 6 para. 1 lit. a GDPR), provided that this has been requested; consent can be revoked at any time.
Depending on the nature of your enquiry, it may be necessary for us to pass on your data to third parties (e.g. to our service providers or partner companies involved in processing your enquiry). The data will only be passed on in accordance with the applicable data protection regulations and only to the extent that this is necessary to process your enquiry or you have given your consent.
We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Mandatory statutory provisions - in particular retention periods - remain unaffected.
Storage duration
If you use the contact form on the basis of your consent, we will store the data collected for each enquiry for a period of three years, starting with the completion of your enquiry or until you withdraw your consent.
If you use the contact form as part of a contractual relationship, we will store the data collected for each enquiry for a period of [three years] from the end of the contractual relationship.
X.Newsletter
Newsletter data
If you would like to receive the newsletter offered on the website, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided and that you agree to receive the newsletter. No further data is collected, or only on a voluntary basis. We use the newsletter service providers described below to process the newsletter.
Brevo
This website uses Brevo to send newsletters. The provider is Sendinblue This website uses Brevo to send newsletters. The provider is Sendinblue GmbH, Köpenicker Straße 126, 10179 Berlin, Germany.
Brevo is a service that can be used to organise and analyse the sending of newsletters, among other things. The data you enter for the purpose of subscribing to the newsletter is stored on the servers of Sendinblue GmbH in Germany.
Data analysis by Brevo
With the help of Brevo, we are able to analyse our newsletter campaigns. For example, we can see whether a newsletter message has been opened and which links have been clicked on. In this way, we can determine, among other things, which links were clicked on particularly often.
We can also recognise whether certain previously defined actions were carried out after opening/clicking (conversion rate). For example, we can recognise whether you have made a purchase after clicking on the newsletter. Brevo also enables us to categorise newsletter recipients according to various categories (‘clustering’). Newsletter recipients can be categorised by age, gender or place of residence, for example. In this way, the newsletters can be better customised to the respective target groups.
If you do not wish to be analysed by Brevo, you must unsubscribe from the newsletter. We provide a link for this purpose in every newsletter message.
Detailed information on the functions of Brevo can be found at the following link: www.brevo.com/de/newsletter-software/.
Legal basis
The data processing takes place on the basis of your consent (Art. 6 para. 1 lit. a GDPR). You can revoke this consent at any time. The legality of the data processing operations that have already taken place remains unaffected by the revocation.
Right to object to the collection of data in special cases and to direct marketing (Art. 21 GDPR)
IF THE DATA PROCESSING IS BASED ON ART. 6 ABS. 1 LIT. E OR F GDPR, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA AT ANY TIME ON GROUNDS RELATING TO 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 CONCERNED UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS OR THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE OR DEFENCE OF LEGAL CLAIMS (OBJECTION PURSUANT TO ART. 21 PARA. 1 GDPR).
IF YOUR PERSONAL DATA ARE 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 RELATED TO 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 PARA. 2 GDPR).
Storage duration
The data you provide us with for the purpose of subscribing to the newsletter will be stored by us or the newsletter service provider until you unsubscribe from the newsletter and deleted from the newsletter distribution list after you unsubscribe from the newsletter. Data stored by us for other purposes remains unaffected by this.
After you unsubscribe from the newsletter distribution list, your e-mail address may be stored by us or the newsletter service provider in a blacklist if this is necessary to prevent future mailings. The data from the blacklist will only be used for this purpose and will not be merged with other data. This serves both your interest and our interest in complying with the legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR). Storage in the blacklist is not limited in time. You can object to the storage if your interests outweigh our legitimate interest.
For more information, please refer to Brevo's privacy policy at:
https://www.brevo.com/de/datenschutz-uebersicht/ sowie
https://www.brevo.com/de/legal/privacypolicy/.
Data processing
We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract prescribed by data protection law, which guarantees that it processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.
XI. Social Media
This website uses elements of the LinkedIn network. The provider is LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland.
Each time you access a page on this website that contains elements of LinkedIn, a connection to LinkedIn servers is established. LinkedIn is informed that you have visited this website with your IP address. If you click on the LinkedIn ‘Recommend’ button and are logged into your LinkedIn account, LinkedIn is able to associate your visit to this website with you and your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by LinkedIn.
The use of this service is based on your consent in accordance with Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TDDDG. Consent can be revoked at any time.
Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.linkedin.com/help/linkedin/answer/a1343190/datenubertragung-aus-der-eu-dem-ewr-und-der-schweiz?lang=de
Further information on this can be found in LinkedIn's privacy policy at: https://www.linkedin.com/legal/privacy-policy.
The company is certified in accordance with the ‘EU-US Data Privacy Framework’ (DPF). The DPF is an agreement between the European Union and the USA that is intended to ensure compliance with European data protection standards for data processing in the USA. Every company certified under the DPF undertakes to comply with these data protection standards. Further information on this can be obtained from the provider at the following link: https://www.dataprivacyframework.gov/participant/5448.
XII. Analysis tools and advertising
Google Tag Manager
We use the Google Tag Manager. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland .
Google Tag Manager is a tool that enables us to integrate tracking or statistical tools and other technologies on our website. Google Tag Manager itself does not create any user profiles, does not store any cookies and does not carry out any independent analyses. It is only used to manage and display the tools integrated via it. However, Google Tag Manager records your IP address, which may also be transmitted to Google's parent company in the United States.
The Google Tag Manager is used on the basis of Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in the fast and uncomplicated integration and management of various tools on its website.
If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TDDDG, insofar as the consent includes the storage of cookies or access to information in the user's terminal device (e.g. device fingerprinting) within the meaning of the TDDDG. Consent can be revoked at any time.
The company is certified in accordance with the ‘EU-US Data Privacy Framework’ (DPF). The DPF is an agreement between the European Union and the USA, which is intended to ensure compliance with European data protection standards for data processing in the USA. Every company certified under the DPF undertakes to comply with these data protection standards. Further information on this can be obtained from the provider at the following link: https://www.dataprivacyframework.gov/participant/5780.
Google Analytics
This website uses functions of the web analysis service Google Analytics. The provider is Google Ireland Limited (‘Google’), Gordon House, Barrow Street, Dublin 4, Ireland.
Google Analytics enables the website operator to analyse the behaviour of website visitors. In doing so, the website operator receives various usage data, such as page views, length of visit, operating systems used and origin of the user. This data is assigned to the user's end device. It is not assigned to a user ID.
We can also use Google Analytics to record your mouse and scroll movements and clicks, among other things. Google Analytics also uses various modelling approaches to supplement the recorded data records and uses machine learning technologies for data analysis.
Google Analytics uses technologies that enable the recognition of the user for the purpose of analysing user behaviour (e.g. cookies or device fingerprinting). The information collected by Google about the use of this website is generally transmitted to a Google server in the USA and stored there.
The use of this service is based on your consent in accordance with Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TDDDG. Consent can be revoked at any time.
Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://privacy.google.com/businesses/controllerterms/mccs/.
The company is certified in accordance with the ‘EU-US Data Privacy Framework’ (DPF). The DPF is an agreement between the European Union and the USA that is intended to ensure compliance with European data protection standards for data processing in the USA. Every company certified under the DPF undertakes to comply with these data protection standards. Further information on this can be obtained from the provider at the following link: https://www.dataprivacyframework.gov/participant/5780.
IP anonymisation
Google Analytics IP anonymisation is activated. As a result, your IP address will be truncated by Google within member states of the European Union or in other signatory 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 transmitted to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information to analyse your use of the website, to compile reports on website activity and to provide the website operator with other services relating to website activity and internet usage. The IP address transmitted by your browser as part of 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 plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
You can find more information on how Google Analytics handles user data in Google's privacy policy: https://support.google.com/analytics/answer/6004245?hl=de.
Data processing
We have concluded an order processing contract with Google and fully implement the strict requirements of the German data protection authorities when using Google Analytics.
Google Ads
The website operator uses Google Ads. Google Ads is an online advertising programme of Google Ireland Limited (‘Google’), Gordon House, Barrow Street, Dublin 4, Ireland.
Google Ads enables us to display adverts in the Google search engine or on third-party websites when the user enters certain search terms into Google (keyword targeting). Furthermore, targeted adverts can be displayed based on the user data available at Google (e.g. location data and interests) (target group targeting). As the website operator, we can evaluate this data quantitatively by analysing, for example, which search terms led to the display of our advertisements and how many advertisements led to corresponding clicks.
The use of this service is based on your consent in accordance with Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TDDDG. Consent can be revoked at any time.
Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://policies.google.com/privacy/frameworks und https://business.safety.google/controllerterms/.
The company is certified in accordance with the ‘EU-US Data Privacy Framework’ (DPF). The DPF is an agreement between the European Union and the USA that is intended to ensure compliance with European data protection standards for data processing in the USA. Every company certified under the DPF undertakes to comply with these data protection standards. Further information on this can be obtained from the provider at the following link: https://www.dataprivacyframework.gov/participant/5780.
Google Conversion-Tracking
This website uses Google Conversion Tracking. The provider is Google Ireland Limited (‘Google’), Gordon House, Barrow Street, Dublin 4, Ireland.
With the help of Google conversion tracking, Google and we can recognise whether the user has carried out certain actions. For example, we can analyse which buttons on our website were clicked how often and which products were viewed or purchased particularly frequently. This information is used to create conversion statistics. We find out the total number of users who have clicked on our adverts and what actions they have taken. We do not receive any information with which we can personally identify the user. Google itself uses cookies or comparable recognition technologies for identification purposes.
The use of this service is based on your consent in accordance with Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TDDDG. Consent can be revoked at any time.
You can find more information about Google Conversion Tracking in Google's privacy policy: https://policies.google.com/privacy?hl=de.
The company is certified in accordance with the ‘EU-US Data Privacy Framework’ (DPF). The DPF is an agreement between the European Union and the USA that is intended to ensure compliance with European data protection standards for data processing in the USA. Every company certified under the DPF undertakes to comply with these data protection standards. Further information on this can be obtained from the provider at the following link: https://www.dataprivacyframework.gov/participant/5780.
XIII. Plugins and tools
Google Fonts (local hosting)
This site uses so-called Google Fonts, which are provided by Google, for the standardised display of fonts. The Google fonts are installed locally. There is no connection to Google servers.
You can find more information about Google Fonts at https://developers.google.com/fonts/faq and in the privacy policy of Google: https://policies.google.com/privacy?hl=de.
Consent Manager
We have integrated the consent management tool ‘consentmanager’ (www.consentmanager.net) from consentmanager AB (Håltgelvågen 1b, 72348 Västerås, Sweden, mailconsentmanager.net) on our website to request consent for data processing or the use of cookies or comparable functions. With the help of ‘consentmanager’, you have the option of giving or refusing your consent for certain functionalities of our website, e.g. for the purpose of integrating external elements, integrating streaming content, statistical analysis, measuring reach and personalised advertising. You can use ‘consentmanager’ to give or refuse your consent for all functions or give your consent for individual purposes or individual functions. You can also change the settings you have made at a later date. The purpose of integrating ‘consentmanager’ is to allow the users of our website to decide on the aforementioned matters and to offer the option of changing settings already made during the further use of our website. In the course of using ‘consentmanager’, personal data and information about the end devices used (IP address, language, browser, etc.) are processed and sent to consentmanager AB. The information about the settings you have made is also stored on your end device.
The legal basis for the processing is Art. 6 para. 1 sentence 1 lit. c) GDPR in conjunction with Art. 7 para. 1 GDPR. Art. 7 para. 1 GDPR, insofar as the processing serves to fulfil the legally standardised obligations to provide evidence for the granting of consent. Otherwise, Art. 6 para. 1 sentence 1 lit. f) GDPR is the relevant legal basis. Our legitimate interests in the processing lie in the storage of user settings and preferences in relation to the use of cookies and the evaluation of consent rates. Consent is requested again no later than twenty-four months after the user settings have been made. The user settings made will then be stored again for this period unless you delete the information about your user settings in the terminal device capacities provided for this purpose yourself beforehand.
You can object to the processing insofar as the processing is based on Art. 6 para. 1 sentence 1 lit. f) GDPR. You have the right to object on grounds relating to your particular situation. To object, please send an e-mail to mailconsentmanager.net.