1. General and scope
1.1 Personal data
The subject of privacy is personal data (hereinafter referred to as “data”), i.e. any information relating to an identified or identifiable natural person. Examples of such information include name, address, occupation, e-mail address, state of health, income, marital status, genetic characteristics, telephone number and, if applicable, user data such as the IP address.
The controller for processing your personal data in the context of using the Facebook fan page (hereinafter referred to as “fan page”) is Jola Spezialschalter GmbH & Co. KG (hereinafter referred to as “we”, “operator” or “controller”) jointly with Facebook.
Our contact details are:
Jola Spezialschalter GmbH & Co. KG
Persönlich haftender Gesellschafter (personally liable partner):
Mattil Beteiligungs GmbH, Klostergartenstr. 11, 67466 Lambrecht, Germany, represented by the Managing Director Lars Mattil
Phone: +49 (0)6325 188-01
Facebook’s contact details:
Facebook Ireland Limited
Board of Management: Gareth Lambe, Shane Crehan
4 Grand Canal Square
Dublin 2, Ireland
Commercial Register Number 462932
Registered in Ireland (Companies Registration Office)
1.3 Data protection officer
Jola Spezialschalter GmbH & Co. KG has designated a data protection officer who is reachable at firstname.lastname@example.org. Facebook has designated a data protection officer who is reachable at: https://www.facebook.com/help/contact/540977946302970
1.4 Level of responsibility
Facebook assumes primary responsibility for processing Insights data on the fan page: https://www.facebook.com/legal/terms/page_controller_addendum
Facebook decides on the purposes and means of data processing. You will find further information here https://www.facebook.com/about/privacy/update/printable
1.5 Right to object
If you want to object to the processing of your data by us on the fan page entirely or for individual measures, you can use the contact details mentioned above. Furthermore, you can object to the processing of Insights data on Facebook. You can also object to the processing of data by Facebook by contacting us. We will forward your objection immediately. Please note that in the event of such an objection, the use of the website and access of the services as well as information provided may be restricted or not possible at all.
2. Access and use of the fan page, purposes and legal bases
2.1 Facebook Insights
When the fan page is accessed and used, Facebook Insights data (statistics on access to our fan page) are provided by means of this function and processed by us. We are not able to personally identify you or assign you to your account.
This function is an indispensable part of the usage agreement with Facebook, i.e. we cannot unilaterally decide whether Insights data are collected or not.
Personal data are collected by using cookies, which are small data packets normally consisting of letters and numbers and stored on a browser when you visit the fan page. Cookies do not contain any data that identify you personally, but the information concerning you stored by the operator can be assigned to the data obtained from and stored in the cookies. Cookies can also be used to store information about users who do not have a Facebook account.
Moreover, you can restrict or completely prevent the setting of cookies. In addition, you can have cookies automatically deleted when the browser window is closed.
If you use the Facebook app, you can change the settings for setting cookies by apps in your mobile device settings.
You can read information about the legal basis and purpose of Facebook’s processing as well as the respective storage period at: https://www.facebook.com/about/privacy/legal_bases
If your personal data are processed by us when you visit the Facebook fan page, the admissibility of this processing is based on Art. 6 para. 1 f) GDPR.
According to this provision, processing is lawful if it is necessary for the purposes of preserving the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. The legitimate interest lies in evaluating the anonymised Insights data in order to track the usage behaviour on our fan page and, therefore, to optimise the range of services of the fan page.
Insights data collected through the fan page are provided to us anonymously. Personal data collected are changed in such a way that they can no longer be assigned to an identified or identifiable natural person or can only be assigned with a disproportionate large amount of time, costs and effort.
The provision of your personal data is contractually stipulated by Facebook for registered users. Therefore, the provision of your data is obligatory. The consequence of not providing personal data is that you will not be able to access our fan page properly. Unregistered users are not obliged to provide such data. However, if you do not provide your data, you may not be able to access our fan page properly.
2.2 Communicating by using the fan page function
The fan page allows you to contact us via the message function, the like buttons and the opportunity to comment on posts on our fan page. The name that is stored as a user name in your Facebook profile is displayed to the operator when contacting.
The admissibility of this processing is based on Art. 6 para. 1 f) GDPR stating that the processing is lawful if it is necessary for the purposes of preserving the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. The use of data for communication purposes in the context of the fan page use with the fan page’s users constitutes a legitimate interest of the operator according to Art. 6 para. 1 f) GDPR.
The provision of your data is neither prescribed by law nor contractually or necessary for the conclusion of a contract. You are not obliged to provide your data. However, the provision of data is necessary in order to get in touch with the operator in the manner described above.
Personal data processed will be deleted after expiry of the legal retention periods unless the controller has a legitimate interest in further storage. In any case, only the data will continue to be stored that are necessary to achieve the corresponding purpose. Wherever possible, personal data are anonymised.
3. Right of access, to rectification, erasure, restriction, object and data portability
When using the fan page, you have the right to assert all rights described in this chapter against Facebook as well as against us. In the context of the agreement that exists between us, as the operator of the fan page, with Facebook, we will immediately forward your request to Facebook if Facebook alone has to comply with your data subject rights.
You have the following rights: you have the right of access (Art. 15 GDPR), to rectification (Art. 16 GDPR), to erasure (Art. 17 GDPR), to restriction of processing (Art. 18 GDPR) and to data portability (Art. 20 GDPR). You have the right to apply to a supervisory authority.
If your personal data are processed on the basis of Art. 6 para. 1 f) GDPR, you have the right to object, on grounds relating to your particular situation, or if the objection is directed against direct marketing (Art. 21 GDPR).
4. Withdrawal of consent
If you have given your consent to the processing of your personal data and withdraw it, the processing shall not be affected before its withdrawal.
The data collected when you were accessing and using the fan page and the information you provided when contacting will be transmitted to Facebook and stored there. In addition, your data may be transferred to the following categories of recipients:
- persons working for the controller who are engaged in the processing (e.g. marketing department, personnel management, customer service, administration)
- processors (e.g. computer centre, IT service provider, software support)
- Operator’s contractual partners (e.g. shipping providers)
The controller does not intend to transfer personal data to third countries.
6. Links to third-party websites
When visiting the website, content linked to third-party websites may be displayed. The operator has neither access to the cookies or other functions used by third parties nor can control them. Such third-party websites are not subject to the operator’s privacy provisions.
Status of the data directive: 23 April 2020
Status of the agreement concluded between us and Facebook: 23 November 2018