Information according to § 5 TMG

Privacy policy
www.frenken-holding.com
Stand: 02.10.2023


1. Subject matter and scope of this privacy policy
With the following data protection declaration, we would like to inform you about the type, scope and purpose of the collection and processing of your personal data that takes place when using the website “www.frenken-group.com” (hereinafter also “Website”) offered by FRENKEN Holding GmbH (see section 2 and our imprint, hereinafter also “FRENKEN”, “we”, ‘us’) and the use of the services offered by FRENKEN as part of our “Sell Now” offer for the purpose of off-market transactions (hereinafter jointly “Services”). FRENKEN attaches great importance to the protection of your personal data.

The personal data collected when using our Services will only be processed by FRENKEN and by third parties listed in this Privacy Policy. In addition, FRENKEN does not generally pass on personal data to other third parties. Personal data will only be passed on to other third parties in the exceptional case that FRENKEN is obliged to pass on the collected data due to an official or court order.

Insofar as we link to the offers of third parties (e.g. to social networks) on our website, the data protection regulations of these third parties apply. If you click on such a link, we are not responsible for further data processing.

2. Person responsible for data collection
 Responsible for the collection and processing of your personal data under the EU General Data Protection Regulation (Regulation (EU) 2016/679) (hereinafter also referred to as “GDPR”) is the: FRENKEN Holding GmbH
Rheinpromenade 11
40789 Monheim am Rhein
Telefon: +49 2173 – 999 418 0
E-Mail: mail@frenken-group.com
Impressum: https://www.frenken-holding/impressum


3. Personal data and its processing Personal data is individual information about the personal or factual circumstances of an identified or identifiable natural person. Depending on the extent to which you use the website offered by us, different data is collected and processed as described below.

3.1.  Accessing the website When you access our website, we only collect the personal data that your browser transmits to our server (server log files, hereinafter also referred to as “log files”). Every access to our website is therefore logged.

The log files created from this contain the following data
- IP address of the requesting computer,
- Date and time of access,
- Name and URL of the file accessed,
- Website from which the access was made (referrer URL),
- browser used and, if applicable, the operating system of your computer and the name of your access provider.

We process these log files on the basis of our legitimate interests pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR in order to be able to display our website to you, to ensure its stability and security (e.g. by clarifying acts of abuse or fraud) and for other administrative purposes. The data cannot be assigned to you as a specific person. This data is not merged with other data sources.

3.2. Contacting us When you contact us (e.g. by e-mail, letter or telephone), your details will be stored for the purpose of processing the contact request and handling it. The legal basis for this is your express consent in accordance with 6 para. 1 sentence 1 lit. a GDPR in order to be able to answer your inquiry or Art. 6 para. 1 sentence 1 lit. b GDPR if the subject of your inquiry is (pre-)contractual information. You can withdraw your consent to the processing of the data provided in accordance with section 4.1 of this privacy policy at any time.



3.3. Registration for free evaluation In order to use the services offered on our website, you must provide the following personal data as part of the inquiry process:                                                             

• First and last name,
- address and telephone number,
  - Company information (address and contact details), if applicable
- Valuation-related information (construction machinery: Manufacturer, machine type, year of construction, operating hours, pictures, real estate: address, year of construction, property type, rental space, rental income)

We require this information in accordance with Art. 6 para. 1 sentence 1 lit. b and c GDPR in order to be able to identify you as a contractual partner and in accordance with the requirements of the Money Laundering Act at the latest when the main contract is initiated.
  
  
3.4. Identification procedure In order to be able to use our services, it is necessary for security reasons and for more precise identification to compare the information you provide about yourself. We are also obliged to do this under the German Money Laundering Act (hereinafter “GWG”) at the latest when the main contract is initiated. The legal basis for the implementation of this procedure is therefore Art. 6 para. 1 sentence 1 lit. c GDPR or Art. 9 para. 3 lit. g GDPR in conjunction with § 11a GWG, insofar as special personal data is concerned, as well as Art. 6 para. 1 sentence 1 lit. f GDPR due to our legitimate interest in preventing the misuse of our platform by users, in particular through untrue statements with fraudulent intentions.

  To do this, you can contact us directly (see our contact details in section 2 or our legal notice) and, for example, identify yourself with a valid ID document.
  
  Identification in accordance with the GWG is carried out for legal entities on the basis of company data, including the names of the members of the respective representative body or the names of the respective legal representatives, and for natural persons on the basis of the following personal data of the client and any beneficial owners (Section 11 (4) GWG):
- First name and surname
- Place of birth
- nationality and
- postal address.

The above information as well as any further information in the case of politically exposed persons is collected and processed as part of a specific order to FRENKEN.
  
  3.5. Use of the services After successful registration in accordance with section 3.3. of this privacy policy, we continue to process all information that you provide to us for the purpose of a construction machinery or real estate transaction in the context of using our service in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR for the execution of the contractual relationship.
  
  3.6. Internal processing We process the personal data mentioned above in sections 3.1. to 3.5. as part of administrative tasks and to organize our operations, financial accounting and to comply with legal obligations, such as archiving. The legal basis for this is Art. 6 para. 1 sentence 1 lit. b, c or f GDPR. Both visitors to our website and users of our services are affected by the processing. The purpose and our interest in the processing therefore lie in the maintenance of our business activities, the performance of our legal duties and the provision of our contractual services.
  
  3.7. Duration of storage and deletion of personal data We process and store personal data only for the period necessary to achieve the purpose of processing or for as long as and to the extent required by law, but at least for the duration of the statutory limitation periods.

If the storage purpose no longer applies, if you revoke your consent or if a legally prescribed storage period expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
  
  3.8. Cookies and similar technologies FRENKEN uses so-called cookies. These are small pieces of text information that are stored on your end device by your browser when you visit our website. Cookies do not cause any damage to your end device and do not contain any viruses, Trojans or other malware. Information is stored in the cookie that results in each case in connection with the specific end device used. However, this does not mean that we obtain direct knowledge of your identity. The legal basis for the data processed by cookies is Art. 6 para. 1 sentence 1 a GDPR if you give us your express consent, Art. 6 para. 1 sentence 1 b GDPR if the cookies are technically necessary in order to offer you certain functions of the website (e.g. language settings), including the platform, or Art. 6 para. 1 sentence 1 f GDPR if we can demonstrate an overriding legitimate interest in doing so.

We also use cookies to statistically record the use of our services by our service providers and to evaluate them for the purpose of optimizing our offer for you or to be able to place personalized advertising. You can allow or disable these cookies via the settings in your browser or via the cookie banner that appears when you visit the landing page. Cookies that have already been saved can be deleted at any time. This can also be done automatically. However, FRENKEN hereby draws your attention to the fact that it cannot be ruled out that some content of the website will not be usable or not fully usable.
  


  3.9. Service providers may also use so-called “pixel tags” (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. Pixel tags can be used to analyze information such as visitor traffic on the website. You can also find more detailed information on this under section 3.9.

3.9 Included content and services from third parties As part of our services, we use the services of various service providers, about which we inform you below, sorted according to the underlying purposes in each case.

Web hosting, including content delivery network and mailing We use server capacities of providers through which we are able to offer you our services online via our website (“web hosting”). All information is transmitted to the web hosting provider that is generated in the course of using our services (see sections 3.1. to 3.5.). Services for hosting and sending emails and content delivery networks (hereinafter “CDN”) are also used. CDN is a service through which duplicates of website content are created on different servers, resulting in a faster loading time of the website, higher reliability, protection against brute force attacks and increased protection against data loss. For this purpose, your IP address is transmitted anonymously to the provider's servers, which may also be located in other EU countries, when the website is accessed.

The aforementioned purposes also give rise to the legitimate interests of FRENKEN within the meaning of Art. 6 para. 1 sentence 1 lit. f GDPR.

The following providers are used for this purpose:

  Google Analytics. We use the Google Analytics service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter jointly referred to as “Google”). Google uses cookies (for more information, see section 3.8.), which enable your use of the website to be analyzed and generate the following information in particular:
- Browser type/version,
- Operating system used,
- Referrer URL (the previously visited page),
- Host name of the accessing computer (IP address),
- time of the server request.

The information generated by the cookies about your use of our website may be transmitted to and stored by Google on servers in the United States. Google LLC has submitted to the EU-US Privacy Shield, which guarantees an adequate level of data protection in accordance with Art. 45 GDPR (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active). We only use Google Analytics with active IP anonymization. Your IP address will therefore be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area.

  Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.
The IP address transmitted by Google from your browser will not be merged with other Google data. You can prevent the collection of your personal data by cookies (including your IP address) and the processing of this data by Google by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de. Data protection information: http://www.google.com/analytics/terms/de.html (user conditions); http://www.google.com/intl/de/analytics/learn/privacy.html (overview of data protection); http://www.google.de/intl/de/policies/privacy (privacy policy)

Marketing Facebook pixel. FRENKEN uses Facebook's visitor action pixel to display advertising, a service provided by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, parent company: Facebook Inc, 1 Hacker Way, Menlo Park, CA 94025, USA (collectively “Facebook”). The Facebook pixel can be used to track that you have been redirected to our website by clicking on a Facebook ad. The visitor action pixel is integrated directly by Facebook when you visit our website and can store a cookie on your device (for more details, see section 3.8.). This allows the effectiveness of Facebook ads to be evaluated for statistical and market research purposes and future advertising measures to be optimized. The data collected by the cookie is processed in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR, provided you have given us your express consent, or in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR, based on our legitimate interest in making our website more interesting for you. The data is stored and processed by Facebook so that a connection to the respective user profile is possible and Facebook can use the data for its own advertising purposes in accordance with the Facebook privacy policy. This enables Facebook to place advertisements on Facebook pages and outside of Facebook. FRENKEN therefore has no influence on the scope of this data collection.
  
  The data collected by the cookie is stored on Facebook servers, which may be located in the USA. Facebook Inc. has submitted to the EU-US Privacy Shield, which guarantees an adequate level of data protection in accordance with Art. 45 GDPR (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active). You can edit the setting for usage-based advertising in the settings for advertisements at https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen. You must be logged in to Facebook to do this. Data protection information: https://www.facebook.com/policy.php; https://www.facebook.com/policies/cookies

4. your rights in relation to your personal data You have the following rights in relation to your personal data, which you can assert against FRENKEN by sending an e-mail to mail@frenken-group.com, unless otherwise stated. FRENKEN will fulfill your aforementioned rights insofar as the legal requirements for the assertion of the rights are met.
  
  4.1. Right to withdraw consent If we process your personal data on the basis of your consent, you can withdraw this consent at any time with effect for the future in accordance with Art. 7 (3) GDPR. Processing that took place before the revocation remains unaffected by this.
  
  4.2. Right to information In accordance with Art. 15 GDPR, you have the right to receive information from us free of charge about the extent to which we process your personal data and to receive a copy of this information.
  
  4.3. Right to rectification and completion If the personal data collected and processed concerning you is incorrect or incomplete, you have a right to rectification and/or completion of your personal data vis-à-vis FRENKEN in accordance with Art. 16 GDPR.
  
  4.4. Right to restriction of processing Pursuant to Art. 18 GDPR, you may request FRENKEN to restrict the processing of personal data concerning you.
  
  4.5. Right to erasure In accordance with Art. 17 GDPR, you may request FRENKEN to erase the personal data concerning you without undue delay.
  
  4.6. Right to data portability In accordance with Art. 20 GDPR, you have the right to receive the personal data concerning you that FRENKEN processes in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from FRENKEN.
  

  4.7. Right to object In accordance with Art. 21 GDPR, you have the right to object to the processing of personal data concerning you. Pursuant to Art. 21 (1) GDPR, you may object at any time, on grounds relating to your particular situation, to the collection and processing of personal data concerning you which is based on Article 6 (1) (f) GDPR.
  
  4.8. Right to lodge a complaint with a supervisory authority Pursuant to Art. 77 GDPR, you have the right to lodge a complaint with a supervisory authority if you believe that the collection and processing of your personal data violates the GDPR.