Privacy policy

Data protection is of a particularly high priority for the management of the THE FAMILY PROJECT GmbH & Co KG.

1. definitions

The data protection declaration of the THE FAMILY PROJECT GmbH & Co KG is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR).

2 Name and address of the controller

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is

THE FAMILY PROJECT GmbH & Co.KG,
represented by the managing director Andrea Stadlhuber

Thann 17, 84544 Aschau,
Telephone: 08638/8755230
E-mail: info@the-family-project.com
Website: www.the-family-project.com

Contact details of the data protection officer:
Andrea Stadlhuber,
Thann 17, 84544 Aschau am Inn,
0171/1718017

3 Purposes and legal basis on which we process your data

We process personal data in accordance with the provisions of the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG) and other applicable data protection regulations (details below). Which data is processed in detail and how it is used depends largely on the services requested or agreed in each case. Further details or additions to the purposes of data processing can be found in the respective contract documents, forms, a declaration of consent and/or other information provided to you (e.g. as part of the use of our website or our terms and conditions). In addition, this data protection information may be updated from time to time, as you can see on our website www.the-family-project.com.

3.1 Purposes for the fulfillment of a contract or pre-contractual measures (Art. 6 para. 1 b GDPR)

The processing of personal data takes place for the fulfillment of the agreed service, according to your orders and wishes and includes the necessary services, measures and activities. This essentially includes contract-related communication with you, the verifiability of transactions, orders and other agreements as well as quality control through appropriate documentation, goodwill procedures, measures to control and optimize business processes and to fulfill general due diligence obligations, cost recording and controlling, reporting, internal and external communication, emergency management, billing and tax assessment of operational services, risk management, assertion of legal claims and defense in legal disputes.

3.2 Purposes in the context of a legitimate interest of us or third parties (Art. 6 para. 1 f GDPR)

In addition to the actual fulfillment of the contract or preliminary contract, we may process your data if it is necessary to protect our legitimate interests or those of third parties, in particular for the purposes of

• advertising or market and opinion research, provided you have not objected to the use of your data
• obtaining information and exchanging data with credit agencies, insofar as this goes beyond our economic risk;
• the examination and optimization of procedures for needs analysis;
• the further development of services and products as well as existing systems and processes;
• the disclosure of personal data as part of due diligence in company sale negotiations;
• for comparison with European and international anti-terror lists, insofar as this goes beyond the legal obligations;
• the enrichment of our data, e.g. by using or researching publicly available data;
• statistical evaluations or market analysis;
• benchmarking;
• the assertion of legal claims and defense in legal disputes that are not directly attributable to the contractual relationship
• the limited storage of data if deletion is not possible or only possible with disproportionate effort due to the special type of storage;
• the development of scoring systems or automated decision-making processes;
• the prevention and investigation of criminal offenses, unless exclusively for the fulfillment of legal requirements
• building and plant security (e.g. through access controls and video surveillance), insofar as this goes beyond the general duty of care;
• internal and external investigations, security checks;
• the possible monitoring or recording of telephone conversations for quality control and training purposes;
• the receipt and maintenance of certifications of a private law or official nature;
• securing and exercising domiciliary rights through appropriate measures such as video surveillance to protect our customers and employees and to secure evidence in the event of criminal offenses and their prosecution.

3.3 Purposes within the scope of your consent (Art. 6 para. 1 a GDPR)

Your personal data may also be processed for certain purposes (e.g. use of your email address for marketing purposes) on the basis of your consent. As a rule, you can withdraw your consent at any time. This also applies to the revocation of declarations of consent given to us before the GDPR came into force, i.e. before May 25, 2018. You will be informed separately about the purposes and consequences of revoking or not granting consent in the corresponding text of the consent.

In principle, the revocation of consent is only effective for the future. Processing that took place before consent was withdrawn is not affected and remains lawful.

3.4 Purposes for compliance with a legal obligation (Art. 6 para. 1 c GDPR) or in the public interest (Art. 6 para. 1 e GDPR)

Like everyone involved in business, we are also subject to a variety of legal obligations. These are primarily legal requirements (e.g. commercial and tax laws), but may also include regulatory or other official requirements. The purposes of processing may include identity and age verification, fraud and money laundering prevention, the prevention, combating and investigation of terrorist financing and crimes that endanger assets, comparisons with European and international anti-terror lists, the fulfillment of tax control and reporting obligations and the archiving of data for the purposes of data protection and data security as well as audits by tax and other authorities. In addition, the disclosure of personal data may become necessary in the context of official/judicial measures for the purposes of gathering evidence, criminal prosecution or the enforcement of civil law claims.

4. recipients or categories of recipients of your data

Within our company, those internal departments or organizational units receive your data that need it to fulfill our contractual and legal obligations or as part of the processing and implementation of our legitimate interest. Your data will only be passed on to external bodies in connection with the processing of contracts; for the purposes of fulfilling legal requirements according to which we are obliged to provide information, report or pass on data or the passing on of data is in the public interest (see section 2.4); to the extent that external service providers process data on our behalf as processors or function providers (e.g. external data centers, support/maintenance of EDP/IT applications, archiving, document processing, call center services, compliance services, controlling, data screening for anti-money laundering purposes, data validation or plausibility checks, data processing for the purposes of the processing of personal data). -plausibility checks, data destruction, purchasing/procurement, customer administration, lettershops, marketing, media technology, research, risk controlling, billing, telephony, website management, auditing services, credit institutions, printers or companies for data disposal, courier services, logistics); on the basis of our legitimate interest or the legitimate interest of the third party for the purposes specified in section 3.2 (e.g. to authorities, credit agencies, debt collection, lawyers, courts, experts, group companies and committees and supervisory bodies); if you have given us your consent to transfer your data to third parties. We will not pass on your data to third parties beyond this. If we commission service providers as part of order processing, your data will be subject to the same security standards as we do. In all other cases, the recipients may only use the data for the purposes for which it was transmitted to them.

5 Duration of the storage of your data

We process and store your data for the duration of our business relationship. This also includes the initiation of a contract (pre-contractual legal relationship) and the execution of a contract.

In addition, we are subject to various retention and documentation obligations arising from the German Commercial Code (HGB) and the German Fiscal Code (AO), among others. The retention and documentation periods specified therein are up to ten years after the end of the business relationship or the pre-contractual legal relationship.

Furthermore, special statutory provisions may require a longer retention period, e.g. the preservation of evidence within the framework of statutory limitation periods. According to Sections 195 et seq. of the German Civil Code (BGB), the regular limitation period is three years; however, limitation periods of up to 30 years may also be applicable.

If the data are no longer required for the fulfillment of contractual or legal obligations and rights, they are regularly deleted, unless their - temporary - further processing is necessary to fulfill the purposes listed under section 3.2 for an overriding legitimate interest. Such an overriding legitimate interest also exists, for example, if deletion is not possible or only possible with disproportionately high effort due to the special type of storage and processing for other purposes is excluded by suitable technical and organizational measures.

6. processing of your data in a third country or by an international organization

Data is transferred to bodies in countries outside the European Union (EU) or the European Economic Area (EEA) (so-called third countries) if it is necessary for the execution of an order/contract from or with you, if it is required by law (e.g. tax reporting obligations), if it is in our or a third party's legitimate interest or if you have given us your consent.

Your data may also be processed in a third country in connection with the involvement of service providers as part of order processing. If there is no decision by the EU Commission on an adequate level of data protection in the country in question, we ensure that your rights and freedoms are adequately protected and guaranteed by means of appropriate contracts in accordance with EU data protection regulations. We will provide you with the relevant detailed information on request.

Information on the suitable or appropriate guarantees and on the possibility of obtaining a copy from you can be obtained from the company data protection officer on request.

7 Your data protection rights

Under certain conditions, you can assert your data protection rights against us

You have the right to receive information from us about your data stored by us in accordance with the rules of Art. 15 GDPR (possibly with restrictions in accordance with § 34 BDSG). At your request, we will correct the data stored about you in accordance with Art. 16 GDPR if it is inaccurate or incorrect. If you wish, we will delete your data in accordance with the principles of Art. 17 GDPR, provided that other legal regulations (e.g. statutory retention obligations or the restrictions according to § 35 BDSG) or an overriding interest on our part (e.g. to defend our rights and claims) do not conflict with this. Taking into account the requirements of Art. 18 GDPR, you can request that we restrict the processing of your data. Furthermore, you can object to the processing of your data in accordance with Art. 21 GDPR, on the basis of which we must stop processing your data. However, this right to object only applies if there are very special circumstances relating to your personal situation, whereby our company's rights may conflict with your right to object. You also have the right to receive your data in a structured, commonly used and machine-readable format or to transmit it to a third party in accordance with the requirements of Art. 20 GDPR. In addition, you have the right to withdraw your consent to the processing of personal data at any time with effect for the future (see section 3.3). You also have the right to lodge a complaint with a data protection supervisory authority (Art. 77 GDPR). However, we recommend that you always address a complaint to our data protection officer first.

If possible, your requests to exercise your rights should be addressed in writing to the address given above or directly to our data protection officer.

8 Scope of your obligations to provide us with your data

You only need to provide the data that is necessary for the establishment and implementation of a business relationship or for a pre-contractual relationship with us or that we are legally obliged to collect. Without this data, we will generally not be able to conclude or execute the contract. This may also relate to data required later in the course of the business relationship. If we request additional data from you, you will be informed separately of the voluntary nature of the information.

9. existence of automated decision-making in individual cases (including profiling)

We do not use any purely automated decision-making processes in accordance with Article 22 GDPR. If we do use such a procedure in individual cases in the future, we will inform you of this separately if this is required by law.

In some circumstances, we may process your data with the aim of evaluating certain personal aspects (profiling).

We may use evaluation tools to provide you with targeted information and advice on products. These enable needs-based product design, communication and advertising, including market and opinion research.

Such procedures may also be used to assess your creditworthiness and credit standing and to combat money laundering and fraud. So-called "score values" can be used to assess your creditworthiness and credit standing. Scoring uses mathematical procedures to calculate the probability that a customer will meet their payment obligations in accordance with the contract. Such score values help us, for example, to assess creditworthiness, make decisions when concluding product contracts and are incorporated into our risk management. The calculation is based on mathematically and statistically recognized and proven procedures and is carried out on the basis of your data, in particular income, expenditure, existing liabilities, occupation, employer, length of employment, experience from the previous business relationship, contractual repayment of previous loans and information from credit agencies.

Information on nationality and special categories of personal data in accordance with Art. 9 GDPR are not processed.

Information about your right to object Art. 21 GDPR

1. you have the right to object at any time to the processing of your data on the basis of Art. 6 para. 1 f GDPR (data processing on the basis of a balancing of interests) or Art. 6 para. 1 e GDPR (data processing in the public interest) if there are reasons for this arising from your particular situation. This also applies to profiling based on this provision within the meaning of Art. 4 No. 4 GDPR.

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the establishment, exercise or defense of legal claims.

2 We may also process your personal data for direct marketing purposes. If you do not wish to receive advertising, you have the right to object to this at any time; this also applies to profiling insofar as it is associated with such direct advertising. We will observe this objection for the future.

We will no longer process your data for direct marketing purposes if you object to processing for these purposes.

The objection can be made informally.