Privacy Policy
We are very delighted that you have shown interest in our enterprise. Data protection is of a
particularly
high priority for the management of the FastPool. The use of the Internet pages of the FastPool is
possible
without any indication of personal data; however, if a data subject wants to use special enterprise
services
via our website, processing of personal data could become necessary. If the processing of personal data
is
necessary and there is no statutory basis for such processing, we generally obtain consent from the data
subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data
subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance
with
the country-specific data protection regulations applicable to the FastPool. By means of this data
protection declaration, our enterprise would like to inform the general public of the nature, scope, and
purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by
means
of this data protection declaration, of the rights to which they are entitled.
As the controller, the FastPool has implemented numerous technical and organizational measures to ensure
the
most complete protection of personal data processed through this website. However, Internet-based data
transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For
this
reason, every data subject is free to transfer personal data to us via alternative means, e.g. by
telephone.
1. Definitions
The data protection declaration of the FastPool is based on the terms used by the European legislator for
the
adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be
legible
and understandable for the general public, as well as our customers and business partners. To ensure
this,
we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
-
a) Personal data
Personal data means any information relating to an identified or identifiable natural person
(“data
subject”). An identifiable natural person is one who can be identified, directly or indirectly,
in
particular by reference to an identifier such as a name, an identification number, location
data, an
online identifier or to one or more factors specific to the physical, physiological, genetic,
mental, economic, cultural or social identity of that natural person.
-
b) Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed
by
the controller responsible for the processing.
-
c) Processing
Processing is any operation or set of operations which is performed on personal data or on sets
of
personal data, whether or not by automated means, such as collection, recording, organisation,
structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by
transmission, dissemination or otherwise making available, alignment or combination,
restriction,
erasure or destruction.
-
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their
processing in the future.
-
e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of
personal
data to evaluate certain personal aspects relating to a natural person, in particular to analyse
or
predict aspects concerning that natural person’s performance at work, economic situation,
health,
personal preferences, interests, reliability, behaviour, location or movements.
-
f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a manner that the personal data can
no
longer be attributed to a specific data subject without the use of additional information,
provided
that such additional information is kept separately and is subject to technical and
organisational
measures to ensure that the personal data are not attributed to an identified or identifiable
natural person.
-
g) Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public
authority, agency or other body which, alone or jointly with others, determines the purposes and
means of the processing of personal data; where the purposes and means of such processing are
determined by Union or Member State law, the controller or the specific criteria for its
nomination
may be provided for by Union or Member State law.
-
h) Processor
Processor is a natural or legal person, public authority, agency or other body which processes
personal data on behalf of the controller.
-
i) Recipient
Recipient is a natural or legal person, public authority, agency or another body, to which the
personal data are disclosed, whether a third party or not. However, public authorities which may
receive personal data in the framework of a particular inquiry in accordance with Union or
Member
State law shall not be regarded as recipients; the processing of those data by those public
authorities shall be in compliance with the applicable data protection rules according to the
purposes of the processing.
-
j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data
subject, controller, processor and persons who, under the direct authority of the controller or
processor, are authorised to process personal data.
-
k) Consent
Consent of the data subject is any freely given, specific, informed and unambiguous indication of
the
data subject’s wishes by which he or she, by a statement or by a clear affirmative action,
signifies
agreement to the processing of personal data relating to him or her.
2. Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws
applicable in Member states of the European Union and other provisions related to data protection is:
FastPool GmbH
Am Zollstock 1
61381 Friedrichsdorf
Germany
Phone: +491772882898
Email: info@fastpool.media
Website: https://www.fastpool.media
3. Collection of general data and information
The website of the FastPool collects a series of general data and information when a data subject or
automated system calls up the website. This general data and information are stored in the server log
files.
Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing
system, (3) the website from which an accessing system reaches our website (so-called referrers), (4)
the
sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP
address), (7) the Internet service provider of the accessing system, and (8) any other similar data and
information that may be used in the event of attacks on our information technology systems.
When using these general data and information, the FastPool does not draw any conclusions about the data
subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2)
optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of
our
information technology systems and website technology, and (4) provide law enforcement authorities with
the
information necessary for criminal prosecution in case of a cyber-attack. Therefore, the FastPool
analyzes
anonymously collected data and information statistically, with the aim of increasing the data protection
and
data security of our enterprise, and to ensure an optimal level of protection for the personal data we
process. The anonymous data of the server log files are stored separately from all personal data
provided by
a data subject.
4. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period
necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or
other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or
another competent legislator expires, the personal data are routinely blocked or erased in accordance
with
legal requirements.
5. Rights of the data subject
-
a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the
controller the confirmation as to whether or not personal data concerning him or her are being
processed. If a data subject wishes to avail himself of this right of confirmation, he or she
may,
at any time, contact any employee of the controller.
-
b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the
controller free information about his or her personal data stored at any time and a copy of this
information. Furthermore, the European directives and regulations grant the data subject access
to
the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be
disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not
possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of
personal
data, or restriction of processing of personal data concerning the data subject, or to
object to
such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information
as to
their source;
- the existence of automated decision-making, including profiling, referred to in Article
22(1)
and (4) of the GDPR and, at least in those cases, meaningful information about the logic
involved, as well as the significance and envisaged consequences of such processing for the
data
subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal
data
are transferred to a third country or to an international organisation. Where this is the case,
the
data subject shall have the right to be informed of the appropriate safeguards relating to the
transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time,
contact any employee of the controller.
-
c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the
controller without undue delay the rectification of inaccurate personal data concerning him or
her.
Taking into account the purposes of the processing, the data subject shall have the right to
have
incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time,
contact
any employee of the controller.
-
d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the
controller the erasure of personal data concerning him or her without undue delay, and the
controller shall have the obligation to erase personal data without undue delay where one of the
following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were
collected or otherwise processed.
- The data subject withdraws consent to which the processing is based according to point (a)
of
Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no
other
legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there
are
no overriding legitimate grounds for the processing, or the data subject objects to the
processing pursuant to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in Union or Member
State
law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society
services
referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of
personal data stored by the FastPool, he or she may, at any time, contact any employee of the
controller. An employee of FastPool shall promptly ensure that the erasure request is complied
with
immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to
erase
the personal data, the controller, taking account of available technology and the cost of
implementation, shall take reasonable steps, including technical measures, to inform other
controllers processing the personal data that the data subject has requested erasure by such
controllers of any links to, or copy or replication of, those personal data, as far as
processing is
not required. An employees of the FastPool will arrange the necessary measures in individual
cases.
-
e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the
controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling
the
controller to verify the accuracy of the personal data.
- The processing is unlawful and the data subject opposes the erasure of the personal data and
requests instead the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but
they
are required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending
the
verification whether the legitimate grounds of the controller override those of the data
subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the
restriction
of the processing of personal data stored by the FastPool, he or she may at any time contact any
employee of the controller. The employee of the FastPool will arrange the restriction of the
processing.
-
f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the
personal
data concerning him or her, which was provided to a controller, in a structured, commonly used
and
machine-readable format. He or she shall have the right to transmit those data to another
controller
without hindrance from the controller to which the personal data have been provided, as long as
the
processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of
Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR,
and
the processing is carried out by automated means, as long as the processing is not necessary for
the
performance of a task carried out in the public interest or in the exercise of official
authority
vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the
GDPR, the data subject shall have the right to have personal data transmitted directly from one
controller to another, where technically feasible and when doing so does not adversely affect
the
rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any
employee of the FastPool.
-
g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds
relating to his or her particular situation, at any time, to processing of personal data
concerning
him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to
profiling based on these provisions.
The FastPool shall no longer process the personal data in the event of the objection, unless we
can
demonstrate compelling legitimate grounds for the processing which override the interests,
rights
and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If the FastPool processes personal data for direct marketing purposes, the data subject shall
have
the right to object at any time to processing of personal data concerning him or her for such
marketing. This applies to profiling to the extent that it is related to such direct marketing.
If
the data subject objects to the FastPool to the processing for direct marketing purposes, the
FastPool will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular
situation,
to object to processing of personal data concerning him or her by the FastPool for scientific or
historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR,
unless the processing is necessary for the performance of a task carried out for reasons of
public
interest.
In order to exercise the right to object, the data subject may contact any employee of the
FastPool.
In addition, the data subject is free in the context of the use of information society services,
and
notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using
technical specifications.
-
h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a
decision based solely on automated processing, including profiling, which produces legal effects
concerning him or her, or similarly significantly affects him or her, as long as the decision
(1) is
not is necessary for entering into, or the performance of, a contract between the data subject
and a
data controller, or (2) is not authorised by Union or Member State law to which the controller
is
subject and which also lays down suitable measures to safeguard the data subject's rights and
freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the
data subject and a data controller, or (2) it is based on the data subject's explicit consent,
the
FastPool shall implement suitable measures to safeguard the data subject's rights and freedoms
and
legitimate interests, at least the right to obtain human intervention on the part of the
controller,
to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual
decision-making, he
or she may, at any time, contact any employee of the FastPool.
-
i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her
consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any
time,
contact any employee of the FastPool.
6. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for
a
specific processing purpose. If the processing of personal data is necessary for the performance of a
contract to which the data subject is party, as is the case, for example, when processing operations are
necessary for the supply of goods or to provide any other service, the processing is based on Article
6(1)
lit. b GDPR. The same applies to such processing operations which are necessary for carrying out
pre-contractual measures, for example in the case of inquiries concerning our products or services. Is
our
company subject to a legal obligation by which processing of personal data is required, such as for the
fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the
processing of personal data may be necessary to protect the vital interests of the data subject or of
another natural person. This would be the case, for example, if a visitor were injured in our company
and
his name, age, health insurance data or other vital information would have to be passed on to a doctor,
hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally,
processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for
processing
operations which are not covered by any of the abovementioned legal grounds, if processing is necessary
for
the purposes of the legitimate interests pursued by our company 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. Such processing operations are particularly permissible because
they
have been specifically mentioned by the European legislator. He considered that a legitimate interest
could
be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
7. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to
carry out our business in favor of the well-being of all our employees and the shareholders.
8. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory
retention
period. After expiration of that period, the corresponding data is routinely deleted, as long as it is
no
longer necessary for the fulfillment of the contract or the initiation of a contract.
9. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter
into a
contract; Obligation of the data subject to provide the personal data; possible consequences of failure
to
provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can
also
result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be
necessary to conclude a contract that the data subject provides us with personal data, which must
subsequently be processed by us. The data subject is, for example, obliged to provide us with personal
data
when our company signs a contract with him or her. The non-provision of the personal data would have the
consequence that the contract with the data subject could not be concluded. Before personal data is
provided
by the data subject, the data subject must contact any employee. The employee clarifies to the data
subject
whether the provision of the personal data is required by law or contract or is necessary for the
conclusion
of the contract, whether there is an obligation to provide the personal data and the consequences of
non-provision of the personal data.
10. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
Developed by the specialists for LegalTech
at Willing & Able that also developed the system for smart
agreements. The legal texts contained in our privacy policy generator have been provided and
published by Prof. Dr. h.c. Heiko Jonny Maniero
from the German Association for Data Protection and Christian Solmecke
from WBS law.
Website Terms and Conditions of Use
1. Terms
By accessing this Website, accessible from https://www.fastpool.de, you are agreeing to be bound by these
Website Terms and Conditions of Use and agree that you are responsible for the agreement with any
applicable
local laws. If you disagree with any of these terms, you are prohibited from accessing this site. The
materials contained in this Website are protected by copyright and trade mark law.
2. Use License
Permission is granted to temporarily download one copy of the materials on FastPool’s Website for
personal,
non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and
under
this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose or for any public display;
- attempt to reverse engineer any software contained on FastPool’s Website;
- remove any copyright or other proprietary notations from the materials; or
- transferring the materials to another person or “mirror” the materials on any other server.
This will let FastPool to terminate upon violations of any of these restrictions. Upon termination, your
viewing right will also be terminated and you should destroy any downloaded materials in your possession
whether it is printed or electronic format. These Terms of Service has been created with the help of the
Terms Of Service Generator.
3. Disclaimer
All the materials on FastPool’s Website are provided “as is”. FastPool makes no warranties, may it be
expressed or implied, therefore negates all other warranties. Furthermore, FastPool does not make any
representations concerning the accuracy or reliability of the use of the materials on its Website or
otherwise relating to such materials or any sites linked to this Website.
4. Limitations
FastPool or its suppliers will not be hold accountable for any damages that will arise with the use or
inability to use the materials on FastPool’s Website, even if FastPool or an authorize representative of
this Website has been notified, orally or written, of the possibility of such damage. Some jurisdiction
does
not allow limitations on implied warranties or limitations of liability for incidental damages, these
limitations may not apply to you.
5. Revisions and Errata
The materials appearing on FastPool’s Website may include technical, typographical, or photographic
errors.
FastPool will not promise that any of the materials in this Website are accurate, complete, or current.
FastPool may change the materials contained on its Website at any time without notice. FastPool does not
make any commitment to update the materials.
6. Links
FastPool has not reviewed all of the sites linked to its Website and is not responsible for the contents
of
any such linked site. The presence of any link does not imply endorsement by FastPool of the site. The
use
of any linked website is at the user’s own risk.
7. Site Terms of Use Modifications
FastPool may revise these Terms of Use for its Website at any time without prior notice. By using this
Website, you are agreeing to be bound by the current version of these Terms and Conditions of Use.
8. Your Privacy
Please read our Privacy Policy.
9. Governing Law
Any claim related to FastPool’s Website shall be governed by the laws of de without regards to its
conflict
of law provisions.
