1. Name and address of the controller
Torben Brodersen (Managing Director)
Deutscher Franchiseverband e.V.
Luisenstraße 41, 10117 Berlin, Germany
Tel.: +49 (0)30 278 9020
Fax: +49 (0)30 2789 0215
2. Scope and purpose of the processing of personal data
2.1 Accessing the website
When accessing this website “www.franchiseverband.com”, the Internet browser used by the visitor automatically sends data to the server of this website and stores it in a log file for a limited period of time. Until automatic deletion, the following data will be stored without further entry by the visitor:
- IP address of the visitor’s end device,
- Date and time of access by the visitor,
- Name and URL of the page visited by the visitor,
- Website from which the visitor accesses the association’s website (referrer URL),
- Browser and operating system of the visitor’s end device and the name of the access provider used by the visitor.
The processing of these personal data is justified pursuant to Art. 6 (1) subparagraph 1 point f) of the GDPR. The Association has a legitimate interest in processing data for the purpose of
• quickly establishing the connection to the association’s website,
• enabling user-friendly use of the website,
• recognising and ensuring the security and stability of the systems, and
• facilitating and improving website administration.
Data is not processed expressly for the purpose of gaining knowledge about the person of the visitor of the website.
2.2 Online contact form
Visitors can use an online contact form on the website to send messages to the Franchise Association, for example to apply for membership. In order to receive a response, at least one valid email address must be provided. By sending the message via the contact form, the visitor consents to the processing of the personal data transmitted. Data is processed exclusively for the purpose of processing and answering enquiries via the contact form. This is done on the basis of voluntary consent pursuant to Art. 6 (1) subparagraph 1 point a) of the GDPR. The personal data collected for the use of the contact form are automatically deleted as soon as the request is completed and there are no reasons for further storage (e.g. subsequent membership in the Franchise Association). You are welcome to contact info(at)franchiseverband.com concerning this and all other questions about data protection.
By registering for the newsletter, the visitor expressly agrees to the processing of personal data transmitted. Subscribing to the newsletter,requires simply entering the visitor’s email address. The legal basis for processing the visitor’s personal data for the purpose of sending newsletters is consent pursuant to Art. 6 (1) subparagraph 1 point a) of the GDPR.
The visitor can unsubscribe from receiving future newsletters at any time. This can be done by using a special link at the end of each newsletter or by sending an email to info(at)franchiseverband.com.
3.1 Disclosure of cata
Personal data will be disclosed to third parties if
• this has been expressly consented to by the data subject pursuant to Art. 6 (1) subparagraph 1 point a) of the GDPR.
• disclosure pursuant to Art. 6 (1) subparagraph 1 point f) of the GDPR is necessary to assert, exercise or defend legal claims and there is no reason to believe that the data subject has an overriding legitimate interest in not disclosing her/his data,
• a legal obligation exists for data transmission pursuant to Art. 6 (1) subparagraph 1 point c) of the GDPR and/or
• this is necessary pursuant to Art. 6 (1) subparagaph 1 point b) of the GDPR for performing a contractual relationship with the data subject.
In other cases, personal data will not be passed on to third parties.
3.2 Collection of personal data for applications
If you apply to one of our job vacancies, we process your personal data submitted in this context during the application process. We process these for the purpose of deciding on establishing an employment relationship within the meaning of Section 26 (1) BDSG. The categories of data processed include in particular:
• Email Address
• Telephone Number
• Relevant Reference Letters and References
• Salary Expectations
Please note that you voluntarily transfer any additional data and categories of data to us for the purposes of deciding on entering into an employment relationship. If your application is not successful, we will delete your data after two years.
This website uses ‘cookies’ Cookies are data packets that are exchanged between the server of the association’s website and the visitor’s browser. These are stored by the devices used (PC, notebook, tablet, smartphone, etc.) when you visit the website. Cookies cannot cause any damage to the devices used in this respect. In particular, they do not contain any viruses or other malware. Cookies are used to store information that is generated in connection with the specific end device used. The Franchise Association can in no way obtain direct knowledge of the identity of the visitor to the website.
Cookies are generally accepted by the standard browser settings. The browser settings can be set in such a way that cookies are either not accepted on the devices used or that a special message is sent before a new cookie is generated. Please note, however, that disabling cookies may prevent you from making the best possible use of all of the website’s features.
Temporary cookies are used to improve user-friendliness. They are stored on the visitor’s device for a temporary period of time. When revisiting the website again, the website automatically recognises that the visitor has already accessed the page previously and which entries and settings have been made so that these do not have to be repeated.
Cookies are also used to analyse visits to the website for statistical purposes and to improve the service. These cookies make it possible to automatically recognise that the website has already been accessed by the visitor on a new visit. Cookies are then automatically deleted after a specified time.
The data processed by cookies are justified for the above-mentioned purposes to protect the legitimate interests of the Association according to Art. 6 (1) subparagraph 1 point f) of the GDPR.
5. Analysis services for websites, tracking
Our website uses the website analysis service for websites by Google Analytics. The legal basis for the use of the analysis tools is Art. 6 (1) subparagraph 1 point of the GDPR. The website analysis is in the legitimate interest of the Association and serves as statistical recording of the site use for continuous improvement of our association website and offer of our services.
6. Social network plugins
The plugins of the following social networks are integrated into our association website: Facebook, Twitter, Google+, Xing, Youtube API
The legal basis for the use of social plug-ins is Art. 6 (1) subparagraph 1 point of the GDPR. A legitimate interest of the Association and purpose of the use of plugins of social networks is to make our offer known to a broad public. The social networks are responsible for handling the data of their users in accordance with data protection regulations.
7. Your rights as a data subject
If your personal data are processed when visiting our website, you are entitled to the following rights as a ‘data subject’ within the meaning of the GDPR:
You can request information from us as to whether your personal data will be processed by us. No right to information exists should the provision of the requested information violate a statutory duty of confidentiality or if the information must be kept secret for other reasons, in particular due to the overriding legitimate interest of a third party. Deviating from this, there may be an obligation to provide information if your interests outweigh the interest of secrecy, in particular in view of imminent damage. The right ti information is also excluded if the data are only stored because they may not be deleted due to legal or statutory retention periods or solely for purposes of data security or data protection control, provided that the provision of information would require a disproportionately high effort and processing for other purposes by appropriate technical and organisational measures is excluded. If in your case the right to information is not excluded, and your personal data is processed by us, you can request information from us about the following information:
• the purpose of processing,
• categories of your personal data processed,
• recipients or categories of recipients to whom your personal data will be disclosed, in particular recipients in third countries,
• if possible, the planned duration for which your personal data will be stored or, if this is not possible, the criteria for determining the storage period;
• the existence of a right to rectification or erasure or limitation of the processing of personal data concerning you, or of a right to object to such processing,
• the existence of a right of appeal to a data protection supervisory authority;
• if the personal data has not been collected from you as the data subject, the available information about the origin of the data,
• if applicable, the existence of automated decision making, including profiling and meaningful information on the logic involved and the scope and intended impact of automated decision making,
• if applicable, in the case of transfer to recipients in third countries, in the absence of a decision by the EU Commission on the adequacy of the level of protection pursuant to Art. 45 (3) of the GDPR, information on which suitable guarantees are provided pursuant to Art. 46 (2) of the GDPR on the protection of personal data.
7.2 Rectification and erasure
Should you discover that we have inaccurate personal data about you, you may request that we correct the inaccurate data immediately. In case of incomplete personal data concerning you, you may request completion.
You have a right to erasure (‘right to be forgotten’), unless processing is not necessary to exercise the right of freedom of expression, of information or of a legal obligation or for the performance of a task which is in the public interest and one of the following reasons applies:
• The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
• Justification for the processing was exclusively your consent, which you have revoked.
• You have objected to the processing of your personal data, which we have made public.
• You have objected to the processing of personal data not made public by us and there are no prior legitimate reasons for the processing.
• The personal data have been processed unlawfully.
• The deletion of personal data is necessary to fulfil a legal obligation to which we are subject.
There is no right to erasure if the deletion is not possible or only possible with disproportionately high effort in the case of lawful non-automated data processing due to the special type of storage and your interest in the deletion is low. In this case, the limitation of processing shall take the place of deletion.
7.4 Restriction of processing
You can demand that we restrict the processing if one of the following reasons applies:
• You contest the accuracy of personal data. In this case, the restriction may be requested for a period of time that allows us to verify the accuracy of the data.
• The processing is unlawful and you demand the restriction of the use of your personal data instead of erasure.
• Your personal data will no longer be required by us for the purposes of processing, but which you need to assert, exercise or defend legal claims.
• You have lodged an appeal pursuant to Art. 21 (1) of the GDPR. The restriction of the processing can be requested as long as it is not yet certain whether our justified reasons outweigh your reasons.
Limitation of processing means that personal data will only be processed with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of an important public interest. Before we lift the restriction, we have a duty to inform you.
7.5 Data portability
You have a right to data transfer if the processing is based on your consent (Art. 6 (1) subparagraph 1 point a) or Art. 9 (2) point a) of the GDPR) or on an agreement to which you are a party and the processing is carried out using automated procedures. In this case, the right to data portability includes the following rights, provided that the rights and freedoms of other persons are not affected: You may request that we keep the personal information you have provided to us in a structured, common and machine-readable format. You have the right to transfer this data to another responsible person without any hindrance on our part. As far as technically feasible, you can request that we transfer your personal data directly to another responsible person.
If the processing is based on Art. 6 (1) subparagraph 1 point e) of the GDPR (performance of a task in the public interest or in exercising official authority) or on Art. 6 (1) subparagraph 1 point f) of the GDPR (legitimate interest of the person responsible or a third party), you have the right to object to the processing of your personal data at any time for reasons arising from your particular situation. This also applies to profiling based on Art. 6 (1) subparapgraph 1 point e) or point f) of the GDPR. After exercising the right of objection, we will no longer process your personal data unless we can prove compelling reasons for processing worthy of protection which outweigh your interests, rights and freedoms, or the processing serves the assertion, exercise or defence of legal claims.
You may object at any time to the processing of your personal data for direct marketing purposes. This also applies to profiling associated with such direct marketing. After exercising this right of objection, we will no longer use the relevant personal data for direct marketing purposes.
7.7 Revoking consent
You have the right to revoke your consent at any time with effect for the future. Revoking consent can be communicated by telephone, by email, if necessary by fax or to our postal address informally. The revocation does not affect the lawfulness of processing data, which took place on the basis of the consent until the receipt of the revocation. After receipt of the revocation, the processing of your data, which was based exclusively on your consent, will be stopped.
If you believe that the processing of personal data concerning you is unlawful, you may lodge a complaint with a data protection supervisory authority responsible for the place of your stay or work or for the place of suspected infringement.