Preamble

With the following data protection declaration, we would like to inform you about which types of your personal data (hereinafter also referred to as "data") we process, for what purposes and to what extent. This data protection declaration applies to all processing of personal data carried out by us, both in the context of the provision of our services and in particular on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter collectively referred to as "online offering").

The terms used are not gender-specific.

Status: February 26, 2025

table of contents

• Preamble
• responsible person
• Overview of processing
• Relevant legal bases
• security measures
• transmission of personal data
• General information on data storage and deletion
• rights of the data subjects
• provision of the online offer and web hosting
• use of cookies
• contact and inquiry management
• Presence in social networks (Social Media)
• Plug-ins and embedded functions and content

responsible person

Flammie GmbHGut Clarenhof 1350226 Frechen

E-Mail-Address: info@flammie.de

Overview of processing

The following overview summarises the types of data processed and the purposes of their processing and refers to the persons concerned.

types of data processed

• inventory data.
• contact details.
• content data.
• usage data.
• Meta-, communication- and procedural data.
• Event data (Facebook).
• log data.

categories of data subjects

• communication partner.
• users.

purposes of processing

• Communication.
• security measures.
• reach measurement.
• Tracking.
• target group formation.
• organizational and administrative procedures.
• Feedback.
• Marketing.
• Profiles with user-related information.
• Provision of our online offering and user-friendliness.
• Information technology infrastructure.
• public relations.

Relevant legal bases

Relevant legal bases under the GDPR: Below you will find an overview of the legal bases of the GDPR on the basis of which we process personal data. Please note that in addition to the provisions of the GDPR, national data protection regulations may apply in your or our country of residence or domicile. If more specific legal bases are relevant in individual cases, we will inform you of these in the data protection declaration.

• Consent (Article 6 (1) sentence 1 lit. a) GDPR) - The data subject has given his or her consent to the processing of personal data concerning him or her for a specific purpose or several specific purposes.
• Contract performance and pre-contractual inquiries (Article 6 (1) sentence 1 lit. b) GDPR) - The processing is necessary for the performance of a contract to which the data subject is a party or for the implementation of pre-contractual measures taken at the request of the data subject.
• Legitimate interests (Article 6 (1) sentence 1 lit. f) GDPR) - the processing is necessary to protect the legitimate interests of the controller or a third party, provided that the interests, fundamental rights and freedoms of the data subject which require the protection of personal data do not prevail.

National data protection regulations in Germany: In addition to the data protection regulations of the GDPR, national regulations on data protection apply in Germany. This includes in particular the law on protection against misuse of personal data in data processing (Federal Data Protection Act - BDSG). The BDSG contains in particular special regulations on the right to information, the right to deletion, the right of objection, the processing of special categories of personal data, processing for other purposes and transmission as well as automated decision-making in individual cases including profiling. In addition, state data protection laws of the individual federal states may apply.

security measures

We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons, to ensure a level of protection appropriate to the risk.

The measures include in particular ensuring the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as access, input, transfer, securing availability and separation. Furthermore, we have set up procedures that ensure the exercise of data subject rights, the deletion of data and reactions to threats to data. Furthermore, we take the protection of personal data into account when developing or selecting hardware, software and processes in accordance with the principle of data protection, through technology design and through data protection-friendly default settings.

Shortening of the IP address: If IP addresses are processed by us or by the service providers and technologies used and the processing of a complete IP address is not necessary, the IP address is shortened (also known as "IP masking"). The last two digits or the last part of the IP address after a period are removed or replaced by placeholders. The shortening of the IP address is intended to prevent or significantly complicate the identification of a person based on their IP address.

transmission of personal data

As part of our processing of personal data, it may happen that these are transmitted to or disclosed to other bodies, companies, legally independent organizational units or persons. The recipients of this data may include, for example, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases, we comply with the legal requirements and, in particular, conclude appropriate contracts or agreements with the recipients of your data that serve to protect your data.

Data transfer within the organization: We may transfer personal data to other departments or units within our organization or grant them access to it. If the data is transferred for administrative purposes, it is based on our legitimate business and commercial interests or if it is necessary to fulfill our contractual obligations or if there is consent from the data subject or legal permission.

General information on data storage and deletion

We delete personal data that we process in accordance with the statutory provisions as soon as the underlying consent is revoked or there are no further legal bases for the processing. This applies to cases in which the original processing purpose no longer applies or the data is no longer required. Exceptions to this rule exist if legal obligations or special interests require the data to be stored or archived for a longer period.

In particular, data that must be retained for commercial or tax law reasons or whose storage is necessary for legal proceedings or to protect the rights of other natural or legal persons must be archived accordingly.

Our privacy policy contains additional information on the retention and deletion of data that applies specifically to certain processing operations.

If there are several specifications regarding the retention period or deletion period for a date, the longest period always applies.

If a period does not expressly begin on a specific date and is at least one year, it automatically begins at the end of the calendar year in which the event triggering the period occurred. In the case of ongoing contractual relationships in the context of which data is stored, the event triggering the period is the time at which the termination or other termination of the legal relationship takes effect.

We process data that is no longer stored for the originally intended purpose but due to legal requirements or other reasons, only for the reasons that justify its storage.

Further information on processing procedures, methods and services:

• Storage and deletion of data: The following general periods apply to storage and archiving under German law:
• 10 years - retention period for books and records, annual financial statements, inventories, management reports, opening balance sheets as well as the work instructions and other organizational documents required for their understanding (Section 147 Paragraph 1 No. 1 in conjunction with Paragraph 3 AO, Section 14b Paragraph 1 UStG, Section 257 Paragraph 1 No. 1 in conjunction with Paragraph 4 HGB).
• 8 years - accounting documents, such as invoices and cost receipts (Section 147 Paragraph 1 No. 4 and 4a in conjunction with Paragraph 3 Sentence 1 AO and Section 257 Paragraph 1 No. 4 in conjunction with Paragraph 4 HGB).
• 6 years - Other business documents: received commercial or business letters, reproductions of sent commercial or business letters, other documents, insofar as they are relevant for taxation, e.g. hourly wage slips, operating accounting sheets, calculation documents, price labels, but also payroll documents, insofar as they are not already accounting documents and cash register slips (Section 147 Paragraph 1 No. 2, 3, 5 in conjunction with Paragraph 3 AO, Section 257 Paragraph 1 No. 2 and 3 in conjunction with Paragraph 4 HGB).
• 3 years - Data required to consider potential warranty and compensation claims or similar contractual claims and rights as well as to process related inquiries based on previous business experience and standard industry practices will be stored for the duration of the regular statutory limitation period of three years (§§ 195, 199 BGB).
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rights of the data subjects

Rights of the data subjects under the GDPR: As a data subject, you are entitled to various rights under the GDPR, which arise in particular from Art. 15 to 21 GDPR:

• Right to object: You have the right to object at any time to the processing of personal data concerning you which is carried out on the basis of Art. 6 (1) (e) or (f) GDPR, for reasons related to your particular situation; this also applies to profiling based on these provisions. If the personal data concerning you are processed in order to conduct direct advertising, you have the right to object at any time to the processing of personal data concerning you for the purposes of such advertising; this also applies to profiling insofar as it is related to such direct advertising.
• Right to withdraw consent: You have the right to withdraw consent at any time.
• Right to information: You have the right to request confirmation as to whether data concerning you is being processed and to request information about this data as well as further information and a copy of the data in accordance with legal requirements.
• Right to rectification: You have the right, in accordance with the statutory provisions, to request that the data concerning you be completed or that inaccurate data concerning you be rectified.
• Right to erasure and restriction of processing: You have the right, in accordance with the statutory provisions, to request that data concerning you be erased immediately or, alternatively, to request that the processing of the data be restricted in accordance with the statutory provisions.
• Right to data portability: You have the right to receive the data concerning you that you have provided to us in a structured, common and machine-readable format in accordance with the legal requirements or to request that it be transmitted to another controller.
• Complaint to a supervisory authority: Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, if you consider that the processing of personal data concerning you violates the provisions of the GDPR.

provision of the online offer and web hosting

We process user data in order to provide them with our online services. For this purpose, we process the user's IP address, which is necessary to transmit the content and functions of our online services to the user's browser or device.

• Types of data processed: Usage data (e.g. page views and length of stay, click paths, intensity and frequency of use, device types and operating systems used, interactions with content and functions); meta, communication and procedural data (e.g. IP addresses, time information, identification numbers, people involved). Protocol data (e.g. log files relating to logins or the retrieval of data or access times).
• Data subjects: Users (e.g. website visitors, users of online services).
• Purposes of processing: Provision of our online service and user-friendliness; Information technology infrastructure (operation and provision of information systems and technical devices (computers, servers, etc.)). Security measures.
• Storage and deletion: Deletion in accordance with the information in the section "General information on data storage and deletion".
• Legal basis: Legitimate interests (Article 6 (1) sentence 1 lit. f) GDPR).

Further information on processing procedures, methods and services:

• Collection of access data and log files: Access to our online offering is logged in the form of so-called "server log files". The server log files can include the address and name of the websites and files accessed, the date and time of access, the amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page) and, as a rule, IP addresses and the requesting provider. The server log files can be used for security purposes, e.g. to avoid overloading the servers (particularly in the case of abusive attacks, so-called DDoS attacks), and to ensure the utilization of the servers and their stability; legal basis: legitimate interests (Art. 6 Para. 1 Clause 1 Letter f) GDPR). Deletion of data: Log file information is stored for a maximum of 30 days and then deleted or anonymized. Data that needs to be retained for evidentiary purposes will not be deleted until the incident in question has been finally resolved.
• DomainFactory: Services in the field of providing information technology infrastructure and related services (e.g. storage space and/or computing capacity); Service provider: Domainfactory GmbH, c/o WeWork, Neuturmstrasse 5, 80331 Munich, Germany; Legal basis: Legitimate interests (Art. 6 Para. 1 Clause 1 Letter f) GDPR); Website: https://www.df.eu; Data protection declaration: https://www.df.eu/de/datenschutz/. Data processing agreement: https://www.df.eu/de/support/formulare/.

use of cookies

The term "cookies" refers to functions that store information on users' end devices and read it from them. Cookies can also be used for various purposes, such as the functionality, security and convenience of online services and the creation of analyses of visitor flows. We use cookies in accordance with legal regulations. If necessary, we obtain the user's consent in advance. If consent is not necessary, we rely on our legitimate interests. This applies if the storage and reading of information is essential in order to be able to provide expressly requested content and functions. This includes, for example, the storage of settings and ensuring the functionality and security of our online service. Consent can be revoked at any time. We provide clear information about the scope of this and which cookies are used.

Notes on legal bases under data protection law: Whether we process personal data using cookies depends on consent. If consent is given, it serves as the legal basis. Without consent, we rely on our legitimate interests, which are explained above in this section and in the context of the respective services and procedures.

Storage period: With regard to the storage period, the following types of cookies are distinguished:

• Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest after a user has left an online offering and closed his or her device (e.g. browser or mobile application).
• Permanent cookies: Permanent cookies remain stored even after the device is closed. For example, the log-in status can be saved and preferred content can be displayed directly when the user visits a website again. The user data collected using cookies can also be used to measure reach. If we do not provide users with explicit information about the type and storage period of cookies (e.g. when obtaining consent), they should assume that these are permanent and that the storage period can be up to two years.

General information on revocation and objection (opt-out):

Users can revoke the consent they have given at any time and also object to the processing in accordance with the legal requirements, including by means of the privacy settings of their browser.

• Types of data processed: Meta, communication and procedural data (e.g. IP addresses, time information, identification numbers, persons involved).
• Data subjects: Users (e.g. website visitors, users of online services).
• Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f) GDPR). Consent (Art. 6 Para. 1 S. 1 lit. a) GDPR).

Further information on processing procedures, methods and services:

• Processing of cookie data based on consent: We use a consent management solution that obtains users' consent to the use of cookies or to the procedures and providers named in the consent management solution. This procedure is used to obtain, log, manage and revoke consent, in particular with regard to the use of cookies and comparable technologies that are used to store, read and process information on users' end devices. As part of this procedure, users' consent is obtained for the use of cookies and the associated processing of information, including the specific processing and providers named in the consent management procedure. Users also have the option of managing and revoking their consent. The consent declarations are stored in order to avoid repeated queries and to be able to provide proof of consent in accordance with legal requirements. The data is stored on the server side and/or in a cookie (so-called opt-in cookie) or using comparable technologies in order to be able to assign the consent to a specific user or their device. If no specific information is available about the providers of consent management services, the following general information applies: The consent is stored for up to two years. A pseudonymous user identifier is created, which is stored together with the time of consent, information on the scope of consent (e.g. relevant categories of cookies and/or service providers) and information about the browser, the system and the end device used; Legal basis: consent (Art. 6 Para. 1 Clause 1 lit. a) GDPR).

contact and inquiry management

When you contact us (e.g. by post, contact form, email, telephone or via social media) and within the framework of existing user and business relationships, the information provided by the person making the inquiry will be processed to the extent that this is necessary to answer the contact inquiries and any requested measures.

• Types of data processed: Inventory data (e.g. full name, home address, contact information, customer number, etc.); contact data (e.g. postal and email addresses or telephone numbers); content data (e.g. textual or visual messages and contributions as well as the information relating to them, such as details of authorship or time of creation); usage data (e.g. page views and length of stay, click paths, intensity and frequency of use, device types and operating systems used, interactions with content and functions). Meta, communication and procedural data (e.g. IP addresses, time information, identification numbers, people involved).
• Data subjects: communication partners.
• Purposes of processing: communication; organizational and administrative procedures; feedback (e.g. collecting feedback via online form). Provision of our online offering and user-friendliness.
• Storage and deletion: Deletion in accordance with the information in the section "General information on data storage and deletion".
• Legal basis: Legitimate interests (Art. 6 Para. 1 Clause 1 Letter f) GDPR). Contractual performance and pre-contractual inquiries (Art. 6 Para. 1 Clause 1 Letter b) GDPR).

Further information on processing procedures, methods and services:

• Contact form: When you contact us via our contact form, by email or other means of communication, we process the personal data sent to us in order to answer and process the respective request. This usually includes details such as name, contact information and, if applicable, other information that is communicated to us and is necessary for appropriate processing. We use this data exclusively for the stated purpose of contact and communication; legal basis: contract fulfillment and pre-contractual inquiries (Art. 6 Para. 1 Clause 1 Letter b) GDPR), legitimate interests (Art. 6 Para. 1 Clause 1 Letter f) GDPR).

Presence in social networks (Social Media)

We maintain online presences within social networks and process user data in this context in order to communicate with the users active there or to offer information about us.

We would like to point out that user data may be processed outside the European Union. This may result in risks for users because it could, for example, make it more difficult to enforce user rights.

Furthermore, the data of users within social networks is usually processed for market research and advertising purposes. For example, user profiles can be created based on the user's usage behavior and the resulting interests. The latter can in turn be used to place advertisements within and outside the networks that presumably correspond to the user's interests. Cookies are therefore usually stored on users' computers in which the user's usage behavior and interests are stored. In addition, data can also be stored in the user profiles regardless of the devices used by the users (especially if they are members of the respective platforms and are logged in there).

For a detailed description of the respective processing methods and the options for objection (opt-out), please refer to the data protection declarations and information provided by the operators of the respective networks.

In the case of requests for information and the assertion of data subject rights, we would like to point out that these can be asserted most effectively with the providers. Only the latter have access to the user data and can take appropriate measures and provide information directly. If you still need help, you can contact us.

• Types of data processed: Contact data (e.g. postal and email addresses or telephone numbers); Content data (e.g. textual or visual messages and contributions as well as the information relating to them, such as details of authorship or time of creation). Usage data (e.g. page views and length of stay, click paths, intensity and frequency of use, device types and operating systems used, interactions with content and functions).
• Data subjects: Users (e.g. website visitors, users of online services).
• Purposes of processing: communication; feedback (e.g. collecting feedback via online form). Public relations.
• Storage and deletion: Deletion in accordance with the information in the section "General information on data storage and deletion".
• Legal basis: Legitimate interests (Article 6 (1) sentence 1 lit. f) GDPR).

Further information on processing procedures, methods and services:

• Instagram: Social network, enables sharing photos and videos, commenting and favorite posts, sending messages, subscribing to profiles and pages; Service provider: Meta Platforms Ireland Limited, Merrion Road, Dublin 4, D04 X2K5, Ireland; Legal basis: Legitimate interests (Art. 6 Para. 1 Clause 1 Letter f) GDPR); Website: https://www.instagram.com; Privacy policy: https://privacycenter.instagram.com/policy/. Basis for third country transfers: Data Privacy Framework (DPF).

Plug-ins and embedded functions and content

We integrate functional and content elements into our online offering that are obtained from the servers of their respective providers (hereinafter referred to as "third-party providers"). These may include, for example, graphics, videos or city maps (hereinafter referred to uniformly as "content").

The integration always requires that the third-party providers of this content process the IP address of the users, since without an IP address they would not be able to send the content to their browser. The IP address is therefore required to display this content or functions. We endeavor to only use content whose respective providers only use the IP address to deliver the content. Third-party providers can also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information can also be stored in cookies on the user's device and contain, among other things, technical information about the browser and operating system, referring websites, the time of the visit and other information about the use of our online offering, but can also be linked to such information from other sources.

Notes on legal bases: If we ask users for their consent to use third-party providers, the legal basis for data processing is permission. Otherwise, user data is processed on the basis of our legitimate interests (i.e. interest in efficient, economical and recipient-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this data protection declaration.

• Types of data processed: Usage data (e.g. page views and length of stay, click paths, intensity and frequency of use, device types and operating systems used, interactions with content and functions); meta, communication and procedural data (e.g. IP addresses, time information, identification numbers, persons involved). Event data (Facebook) ("Event data" is information that is sent to the provider Meta, for example via meta pixels (be it via apps or other channels) and relates to people or their actions. This data includes details of website visits, interactions with content and functions, app installations and product purchases. The event data is processed with the aim of creating target groups for content and advertising messages (custom audiences). It is important to note that event data does not include actual content such as written comments, login information and contact information such as names, email addresses or telephone numbers. "Event data" is deleted by Meta after a maximum of two years, and the target groups created from it disappear when our Meta user accounts are deleted.).
• Data subjects: Users (e.g. website visitors, users of online services).
• Purposes of processing: Provision of our online offer and user-friendliness; reach measurement (e.g. access statistics, recognition of returning visitors); tracking (e.g. interest/behavior-related profiling, use of cookies); target group formation; marketing. Profiles with user-related information (creation of user profiles).
• Retention and deletion: Deletion as stated in the "General information on data retention and deletion" section. Storage of cookies for up to 2 years (Unless otherwise stated, cookies and similar storage methods may be stored on users' devices for a period of two years).
• Legal basis: Consent (Article 6 (1) sentence 1 lit. a) GDPR). Legitimate interests (Article 6 (1) sentence 1 lit. f) GDPR).

Further information on processing procedures, methods and services:

• Facebook plugins and content: Facebook social plugins and content - This can include, for example, content such as images, videos or texts and buttons that allow users to share content from this website within Facebook. The list and appearance of Facebook social plugins can be viewed here: https://developers.facebook.com/docs/plugins/ - We are jointly responsible with Meta Platforms Ireland Limited for the collection or receipt during a transmission (but not the further processing) of "event data" that Facebook collects using the Facebook social plugins (and content embedding functions) that run on our website or receives during a transmission for the following purposes: a) display of content and advertising information that corresponds to the presumed interests of users; b) delivery of commercial and transaction-related messages (e.g. addressing users via Facebook Messenger); c) Improving ad delivery and personalizing functions and content (e.g. improving the recognition of which content or advertising information presumably corresponds to the interests of users). We have concluded a special agreement with Facebook ("Addendum for Controllers", https://www.facebook.com/legal/controller_addendum), which in particular regulates which security measures Facebook must observe (https://www.facebook.com/legal/terms/data_security_terms) and in which Facebook has agreed to fulfill the rights of those affected (i.e. users can, for example, send information or deletion requests directly to Facebook). Note: If Facebook provides us with measurements, analyses and reports (which are aggregated, i.e. do not contain any information on individual users and are anonymous to us), then this processing does not take place within the framework of joint responsibility, but on the basis of a data processing agreement ("Data Processing Terms", https://www.facebook.com/legal/terms/dataprocessing), the "Data Security Terms" (https://www.facebook.com/legal/terms/data_security_terms) and, with regard to processing in the USA, on the basis of standard contractual clauses ("Facebook EU Data Transfer Addendum", https://www.facebook.com/legal/EU_data_transfer_addendum). The rights of users (in particular to information, deletion, objection and complaint to the competent supervisory authority) are not restricted by the agreements with Facebook; service provider: Meta Platforms Ireland Limited, Merrion Road, Dublin 4, D04 X2K5, Ireland; legal basis: consent (Art. 6 Para. 1 Clause 1 Letter a) GDPR); Website: https://www.facebook.com; Privacy Policy: https://www.facebook.com/privacy/policy/. Basis for third country transfers: Data Privacy Framework (DPF).

• Instagram plugins and content: Instagram plugins and content - This can include, for example, content such as images, videos or texts and buttons that users can use to share content from this online offering within Instagram. - We are jointly responsible with Meta Platforms Ireland Limited for the collection or receipt as part of a transmission (but not the further processing) of "event data" that Facebook collects using Instagram functions (e.g. embedding functions for content) that are carried out on our online offering or receives as part of a transmission for the following purposes: a) Display of content and advertising information that corresponds to the presumed interests of users; b) Delivery of commercial and transaction-related messages (e.g. addressing users via Facebook Messenger); c) Improvement of ad delivery and personalization of functions and content (e.g. improving the recognition of which content or advertising information presumably corresponds to the interests of users). We have concluded a special agreement with Facebook ("Addendum for Controllers", https://www.facebook.com/legal/controller_addendum), which regulates in particular which security measures Facebook must observe (https://www.facebook.com/legal/terms/data_security_terms) and in which Facebook has agreed to fulfill the rights of those affected (i.e. users can, for example, send information or deletion requests directly to Facebook). Note: If Facebook provides us with measurements, analyses and reports (which are aggregated, i.e. do not contain any information on individual users and are anonymous to us), then this processing does not take place within the framework of joint responsibility, but on the basis of a data processing agreement ("Data Processing Terms", https://www.facebook.com/legal/terms/dataprocessing), the "Data Security Terms" (https://www.facebook.com/legal/terms/data_security_terms) and, with regard to processing in the USA, on the basis of standard contractual clauses ("Facebook EU Data Transfer Addendum", https://www.facebook.com/legal/EU_data_transfer_addendum). The rights of users (in particular to information, deletion, objection and complaint to the competent supervisory authority) are not restricted by the agreements with Facebook; Service provider: Meta Platforms Ireland Limited, Merrion Road, Dublin 4, D04 X2K5, Ireland; Legal basis: Legitimate interests (Art. 6 Para. 1 Clause 1 Letter f) GDPR); Website: https://www.instagram.com. Privacy Policy: https://privacycenter.instagram.com/policy/.
• YouTube videos: video content; service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland; legal basis: consent (Art. 6 Para. 1 Clause 1 lit. a) GDPR); website: https://www.youtube.com; privacy policy: https://policies.google.com/privacy; basis for third country transfers: Data Privacy Framework (DPF). Possibility of objection (opt-out): opt-out plug-in: https://tools.google.com/dlpage/gaoptout?hl=de, settings for the display of advertisements: https://myadcenter.google.com/personalizationoff.

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