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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
Flair Aviation GmbH. The use of the Internet pages of the Flair Aviation
GmbH 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 Flair
Aviation GmbH. 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 Flair Aviation GmbH 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 Flair Aviation GmbH 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:
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.
Data subject is
any identified or identifiable natural person, whose personal data is
processed by the controller responsible for the 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.
Restriction of
processing is the marking of stored personal data with the aim of
limiting their processing in the future.
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.
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.
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.
Processor is a
natural or legal person, public authority, agency or other body which
processes personal data on behalf of the controller.
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.
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.
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:
Flair
Aviation GmbH Hauptstrasse 37 91227 Leinburg
Deutschland Phone: +49 9120 181 2755
Email: mail@flair-aviation.de
Website: www.flair-aviation.de
3. Cookies
The Internet pages of the Flair Aviation GmbH use cookies. Cookies are text
files that are stored in a computer system via an Internet browser.
Many Internet sites and servers use cookies. Many cookies contain a
so-called cookie ID. A cookie ID is a unique identifier of the cookie.
It consists of a character string through which Internet pages and
servers can be assigned to the specific Internet browser in which the
cookie was stored. This allows visited Internet sites and servers to
differentiate the individual browser of the dats subject from other
Internet browsers that contain other cookies. A specific Internet
browser can be recognized and identified using the unique cookie ID.
Through the use of cookies, the Flair Aviation GmbH can provide the users of
this website with more user-friendly services that would not be possible
without the cookie setting.
By means of a cookie, the information and offers on our website can be
optimized with the user in mind. Cookies allow us, as previously
mentioned, to recognize our website users. The purpose of this
recognition is to make it easier for users to utilize our website. The
website user that uses cookies, e.g. does not have to enter access data
each time the website is accessed, because this is taken over by the
website, and the cookie is thus stored on the user's computer system.
Another example is the cookie of a shopping cart in an online shop. The
online store remembers the articles that a customer has placed in the
virtual shopping cart via a cookie.
The data subject may, at any time, prevent the setting of cookies through
our website by means of a corresponding setting of the Internet browser
used, and may thus permanently deny the setting of cookies. Furthermore,
already set cookies may be deleted at any time via an Internet browser
or other software programs. This is possible in all popular Internet
browsers. If the data subject deactivates the setting of cookies in the
Internet browser used, not all functions of our website may be entirely
usable.
4. Collection of general data and information
The website of the Flair Aviation GmbH 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 Flair Aviation GmbH 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 Flair Aviation
GmbH 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.
5. 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.
6. Rights of the data subject
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.
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:
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.
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.
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:
If one of the
aforementioned reasons applies, and a data subject wishes to request the
erasure of personal data stored by the Flair Aviation GmbH, he or she
may, at any time, contact any employee of the controller. An employee of
Flair Aviation GmbH 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 Flair Aviation GmbH will arrange the
necessary measures in individual cases.
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:
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 Flair
Aviation GmbH, he or she may at any time contact any employee of the
controller. The employee of the Flair Aviation GmbH will arrange the
restriction of the processing.
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 Flair Aviation GmbH.
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 Flair
Aviation GmbH 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 Flair
Aviation GmbH 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 Flair Aviation GmbH to the processing
for direct marketing purposes, the Flair Aviation GmbH 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 Flair Aviation GmbH 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 Flair Aviation GmbH. 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.
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 Flair Aviation GmbH 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
Flair Aviation GmbH.
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 Flair Aviation GmbH.
7. Data protection for applications and the application
procedures
The data controller shall collect and process the personal data of
applicants for the purpose of the processing of the application
procedure. The processing may also be carried out electronically. This
is the case, in particular, if an applicant submits corresponding
application documents by e-mail or by means of a web form on the website
to the controller. If the data controller concludes an employment
contract with an applicant, the submitted data will be stored for the
purpose of processing the employment relationship in compliance with
legal requirements. If no employment contract is concluded with the
applicant by the controller, the application documents shall be
automatically erased two months after notification of the refusal
decision, provided that no other legitimate interests of the controller
are opposed to the erasure. Other legitimate interest in this relation
is, e.g. a burden of proof in a procedure under the General Equal
Treatment Act (AGG).
8. 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).
9. 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.
10. 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.
11. 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.
12. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or
profiling.
This Privacy Policy has been generated by the Privacy Policy Generator of
the
German Association for Data Protection that was developed in cooperation with
Privacy Lawyers from WILDE
BEUGER SOLMECKE, Cologne.
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