ForkOn Privacy Policy

Scope

This data protection notice applies to the processing of personal data by ForkOn GmbH (hereinafter referred to as “ForkOn”, “we”, “us” or the like) in connection with the provision of 

  • the website www.forkon.de (hereinafter referred to as the “Website”) and 
  • a protected login area for the software solution ForkX. 

The data protection notice does not apply to processing activities (in particular management and data analyses of forklift fleets) that ForkOn carries out on behalf of and on the instructions of its customers using ForkX as a so-called processor. 

Person responsible within the meaning of data protection law and contact details

Forkon GmbH is responsible for the processing of personal data that is the subject of this data protection notice.

You can reach us at:

Maximilian-Kolbe-Strasse 19
45721 Haltern am See

E-mail: info@forkon.de

Contact details of our data protection officer

Our data protection officer can be reached as follows:

datenschutz süd GmbH
Wörthstrasse 15
97082 Würzburg

Phone: +49 931 30 49 76 0

E-mail: office@datenschutz-sued.de

Types of data processed

The personal data we process includes, in particular, registration data (e.g. e-mail, telephone number, first name, last name, company name and country) and login data (user name, password). We may receive registration data from the company for which you work. 

In addition, certain information is automatically transmitted to us by our users’ Internet browsers when they visit our website (so-called browser information). This is in particular the following information:

  • IP addresses or domain names of the computers of users who use this website or access ForkX;
  • Internet address of the website from which our website was accessed;
  • Date and time of the visit;
  • Name of the service provider through which the website is accessed;
  • Amount of data transferred;
  • Numerical code indicating the status of the server response (successful result, error, etc.);
  • Country of origin;
  • Functions of the browser and operating system used by the user;
  • various time information per call (e.g. how much time was spent on each page of the website);
  • information about the path followed within a website, in particular the order of pages visited; and
  • other information about the operating system of the device and/or the IT environment of the user (e.g. mobile device, language settings, etc.).

Personal data may be provided voluntarily by the user or, in the case of browser information, may be collected automatically.

Visiting this website does not generally require any data to be provided. For a registration or login for ForkX, however, the provision of all requested data is mandatory. If the user refuses to provide the data, this may result in ForkX being inaccessible to the user. In cases where the provision of personal data is expressly indicated as voluntary, Users may choose not to provide such data without any consequences for the availability or functioning of the Service. Users who are unclear about which personal data is mandatory may contact ForkOn.

Users are responsible for any third party personal data they provide in the course of using the Website and confirm that they have obtained the relevant consent from the third parties.

Purposes and legal bases of processing

ForkOn processes personal data for the following purposes, based on the aforementioned legal bases. In the event that the data processing is based on the legal basis of legitimate interests, our legitimate interest pursued by the processing is also presented.

No.Processing purposeLegal basis (incl. presentation of legitimate interests, where required).
1Provision of this website for non-registered users 
Legitimate interests. We have a legitimate interest in providing a website to the general public for information about our company and our products or services.
2Providing access to the software solution ForkX for registered users Contract performance; or – as far as the contract was concluded with another (legal) person for which the user is working – Legitimate Interests. We have a legitimate interest in providing access to the ForkX software solution for registered users to fulfill contractual agreements with our customers.
3To answer user inquiries and provide users with information they have requestedPerformance of pre-contractual measures at the request of the user; or – insofar as the contract is to be concluded with another (legal) person for whom the user is working – Legitimate Interests. We have a legitimate interest in responding to user requests and providing users with information that they have requested.
4To manage contractual relations with our customersContract performance; or – to the extent that the contract was concluded with another (legal) person for whom the user is acting – Legitimate Interests. We have a legitimate interest in managing contractual relations with our customers, involving contacts at our customers.
5to provide users with information about the services and products we offer by e-mail or telephoneConsent
6to collect statistical information about the use of this website (so-called web analysis).Legitimate interests We have a legitimate interest in analyzing the use of our website in order to continuously improve it and adapt it to the needs of our users.
7to collect and analyze information on the use of this website to enable the playout of personalized advertising (so-called remarketing and behavioral targeting as well as so-called management of user databases)Legitimate Interests We and our partners have a legitimate interest in playing out personalized advertising in order to be able to show our users advertising based on their personal interests.
8to monitor the infrastructure, i.e. to identify malfunctions and to ensure system security, including detection and tracking of unauthorized accesses and attempted accesses to our serversCompliance with legal obligations (data security compliance); Legitimate Interests (to the extent that our measures go beyond legal obligations) We have a legitimate interest in eliminating malfunctions, ensuring system security and detecting and tracking unauthorized access attempts or accesses.
9to assert, exercise or defend our rightsLegitimate interests We have a legitimate interest in asserting, exercising or defending our rights.
10to comply with applicable retention obligationsFulfillment of legal obligations.

Transfer of personal data (recipients)

Your personal data will be shared by ForkOn internally with employees (e.g. from sales, marketing, the legal department or IT), but only to the extent necessary to fulfill the above purposes in each case. 

We also reserve the right to use service providers when processing personal data. These service providers only receive the personal data from us that they need for their specific activities and are integrated as so-called order processors – this means that they may only process personal data in accordance with our instructions.

These are the following categories of service providers:

  • IT service provider (technical support), Germany
  • IT service provider (hosting), Germany
  • Customer support (e-mail, telephone), Germany

In addition, ForkOn may also share personal data with third parties that are not processors. These are the following categories of third parties:

  • Insurers; 
  • banks; 
  • lawyers;
  • Certified public accountants; 
  • Corporate and other consultants;
  • Governmental institutions such as public authorities and courts;
  • (Potential) acquirers of ForkOn, in the context of corporate transactions.

Place of data processing

Data is processed both at ForkOn’s office and at other locations where the entities involved in the data processing are located. These locations are generally in the EU. 

Personal Data is also transferred to recipients whose systems or subcontractors are located outside the EU. For this reason, personal data may also be transferred to countries whose data protection laws are less strict than those of the EU.

In this case, we ensure before the transfer that either an adequate level of data protection exists at the recipient (because there is a corresponding decision of the EU for the recipient country, Art. 45 GDPR) or we agree with the recipient on corresponding contractual provisions (in particular so-called EU standard contractual clauses of the European Union, Art. 46 GDPR) or – in exceptional cases – there is an explicit consent from you (Art. 49 GDPR).

You can obtain a copy of the concretely agreed regulations for ensuring the appropriate level of data protection from us. For this purpose, please contact us via the contact details listed in the section “Responsible parties within the meaning of data protection law”.

Storage period

Personal data will only be processed for as long as is necessary to fulfill the above-mentioned purposes.

Therefore:

  • Browser information collected for the purpose of monitoring the infrastructure is stored for 7 to 10 days and then deleted. Browser information whose further retention is required for evidentiary purposes is exempt from deletion until final clarification of the respective incident and may be passed on to investigating authorities in individual cases.
  • Personal data collected in connection with the performance of a contract concluded between ForkOn and the user or the (legal) person for whom the user is acting will generally be stored until the expiry of the limitation periods resulting from this contract. 
  • Personal data resulting from a contact request from a user will be 
  • Personal data processed in connection with web analysis,      
  • Personal Data processed in connection with remarketing and behavioral targeting and the management of user databases,
  • Personal Data processed by ForkOn on the basis of consent will be deleted as soon as the consent is revoked. 

In all of the above cases, however, ForkOn stores personal data for a longer period of time to the extent necessary to comply with a legal obligation (in particular resulting from a legal obligation to retain data under tax or commercial law) or as ordered by a public authority.

Detailed information on the processing of personal data in connection with web analysis as well as remarketing and behavioral targeting

Web analytics

We work with the web analytics tool providers outlined in this section:

Google Tag Manager (Google LLC)

Google Tag Manager is an analytics service provided by Google LLC.

Personal data collected: Cookie ID and browser information.

Processing location: USA – Privacy policy.

Google Analytics with IP anonymization (Google LLC).

Google Analytics is a web analytics service provided by Google LLC (“Google”). Google uses the collected data to track and study how this website is used, compile reports on its activities and share them with other Google services.

Google may use the collected data to contextualize and personalize the ads of its own advertising network.

On this website, IP anonymization has been activated so that the IP address of users is truncated beforehand by Google within member states of the European Union or in other contracting states to 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.

Personal data collected: Cookie ID and browser information.

Processing location: USA – Privacy policy – Opt Out.

HubSpot Analytics (HubSpot, Inc.).

HubSpot Analytics is an analytics service provided by HubSpot, Inc.

Personal data collected: Cookie ID and browser information.

Processing location: USA – Privacy policy – Opt Out .

Remarketing and behavioral targeting

This type of service allows ForkOn and its partners to analyze how the Website is used in order to target, optimize and deploy advertising.

This activity is done by tracking browser information and using cookies – information that is sent to the partners responsible for the remarketing and behavioral targeting campaigns. 

In addition to any exclusion (or opt-out) option offered by the services listed below, the user may opt-out of the use of the cookies that enable remarketing and behavioral targeting by visiting the Network Advertising Initiative opt-out page.

Analysis tools and advertising Matomo(formerly Piwik).

This website uses the open source web analytics service Matomo. Matomo uses technologies that enable cross-page user recognition to analyze user behavior (e.g., cookies or device fingerprinting). The information collected by Matomo about the use of this website is stored on our server. The IP address is anonymized before storage.

With the help of Matomo, we are able to collect and analyze data about the use of our website by website visitors. This allows us to find out, among other things, when which page views were made and from which region they come. We also collect various log files (e.g. IP address, referrer, browsers and operating systems used) and can measure whether our website visitors perform certain actions (e.g. clicks, purchases, etc.).

The use of this analysis tool is based on Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in the anonymized analysis of user behavior in order to optimize both its website and its advertising. Insofar as a corresponding consent has been requested (e.g. consent to store cookies), the processing is carried out exclusively on the basis of Art. 6 (1) lit. a DSGVO; the consent can be revoked at any time.

We have concluded an order processing agreement with these third-party providers, which ensures that the data collected with Matomo is processed exclusively according to our instructions and in compliance with the DSGVO.

You have the option to prevent actions you take here from being analyzed and linked. This will protect your privacy, but will also prevent the owner from learning from your actions and improving the usability for you and other users.

You have the option to prevent actions you take here from being analyzed and linked. This will protect your privacy, but will also prevent the owner from learning from your actions and improving usability for you and other users.

 Your visit to this website is currently collected by Matomo web analytics. Deselect this checkbox for opt-out.

You may choose to prevent this website from aggregating and analyzing the actions you take here. Doing so will protect your privacy, but will also prevent the owner from learning from your actions and creating a better experience for you and other users.

Remarketing through Google Analytics for display advertising (Google LLC).

Google Analytics for Display Advertising Providers is a remarketing and behavioral targeting service provided by Google LLC that combines the tracking activities of Google Analytics and its cookies with the Adwords advertising network and the “DoubleClick” cookie.

Personal data collected: Cookie ID and browser information.

Processing location: USA – Privacy Policy – Opt Out.

AdWords Remarketing (Google LLC)

AdWords Remarketing is a remarketing and behavioral targeting service provided by Google LLC that connects activity occurring through this website to the Adwords advertising network and the Doubleclick cookie.

Personal data collected: Cookie ID and browser information.

Processing location: United States – Privacy Policy – Opt Out.

Google AdSense (Google Inc.).

Google AdSense is an advertising service provided by Google Inc. This service uses the “DoubleClick” cookie to track how this website is used and how users respond to advertisements and products and services offered.

Users have the option to opt out of all DoubleClick cookies by clicking on the following link: google.com/settings/ads/onweb/optout.

Personal data collected: Cookie and usage data.

Processing location: USA – Privacy Policy – Opt Out.

Creation of user profiles

The services mentioned below allow ForkOn to create user profiles, first by using the email address, name or other information submitted by the user to this website, as well as tracking user activity through analytics functionalities. This personal information may also be matched with publicly available information about the user (such as social media profiles) and used to build a personal profile that the owner can view and use to improve this website. Some of these services may also provide for the sending of timed messages to the user, such as emails that this website associates with specific actions.

HubSpot CRM (HubSpot, Inc.).

HubSpot CRM is a user database management service provided by HubSpot, Inc.

Personal Data Collected: Email, phone number, and various types of data as described in the service’s privacy policy.

Processing location: USA – Privacy Policy.

Users’ rights.

Users may exercise certain rights in relation to their data processed by ForkOn.

In particular, Users have the right – to the extent that the applicable legal requirements for this are met – to do the following:

  • Revoke consents at any time. If the User has previously consented to the processing of personal data, they may withdraw their own consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until the withdrawal.
  • Object to the processing of their data. The user has the right to object to the processing of their data if the processing is based on the legitimate interests. In addition, the user has the right to object at any time to the processing of data for the purpose of direct marketing Further information is provided below.
  • To receive information regarding their data. The User has the right to know whether the data is processed by ForkOn, to obtain information on individual aspects of the processing and to obtain a copy of the data that is the subject of the processing.
  • To have data checked and corrected. The User has the right to request the completion of incomplete data and the rectification of inaccurate data relating to him/her.
  • To request restriction of the processing of their data. The User has the right, under certain circumstances, to restrict the processing of their data. In this case, ForkOn will process the data – apart from storage – only within narrow limits (in particular on the basis of the User’s consent or for the purpose of asserting, exercising or defending legal claims).
  • To request deletion of the personal data. The User has the right, under certain circumstances, to request the deletion of his/her data from ForkOn (in particular, if the data is no longer needed for the purposes for which it was collected).
  • To request the transfer of data. The User has the right to receive his/her data in a structured, common and machine-readable format and, if technically possible, to have it transferred without hindrance to another responsible party. This provision is applicable if the data is processed by automated means and the processing is based on the user’s consent, on a contract to which the user is a party, or on the performance of pre-contractual measures.
  • Filing a complaint. The User has the right to file a complaint with the competent supervisory authority.

Details on the right to object regarding processing

If personal data are processed to protect ForkOn’s legitimate interests, the User may object to such processing on grounds relating to their particular situation. ForkOn will then no longer process this personal data, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the user, or the processing serves the purpose of asserting, exercising or defending legal claims. Users are informed that they may object to the processing of personal data for direct marketing purposes at any time without stating reasons.  Please take into account that, for organizational reasons, there may be an overlap between your revocation and the use of your data in the context of an already ongoing campaign.

How the rights can be exercised

All requests to exercise user rights can be addressed to ForkOn via the contact details listed in the section “Responsible parties in terms of data protection law”. Requests will be processed by ForkOn as soon as possible, at the latest within one month.

Cookie Policy

This website uses cookies. To learn more and get a more detailed knowledge about cookies, the user can read the specific document here: Cookie Policy.

Additional information about data collection and processing.

Information not included in this privacy policy

Further information about the collection or processing of personal data can be requested at any time from ForkOn via the contact details listed in the section “Data Controllers”.

How “Do Not Track” requests are handled

This website does not support do-not-track requests (“Do Not Track”) by web browsers.

For information on whether integrated third-party services support the Do Not Track protocol, users should refer to the privacy policy of the respective service.

Security of Personal Data

ForkOn processes personal data in a proper manner and takes appropriate security measures, in particular to prevent unauthorized access and unauthorized disclosure, alteration or destruction of data.

Data processing is carried out by means of computers or IT-based systems in accordance with organizational procedures and practices specifically aimed at the stated purposes. 

Changes to this privacy policy

ForkOn reserves the right to make changes to this Privacy Policy at any time by notifying users accordingly on this page and, where appropriate, through this website and/or, where technically and legally possible, by sending a message to users through contact details available to ForkOn. Users are therefore advised to visit this page regularly, checking the date of last modification indicated at the bottom of the page. 

To the extent that changes affect data processing based on the user’s consent, ForkOn will – if necessary – obtain a new consent.

Definitions and legal information

Personal data (or data)

Any information by which the identity of a natural person is or can be determined, directly or in combination with other information.

Browser information

Information that is automatically transmitted by our users’ Internet browsers when they visit our website.

User

The person using this website or the ForkX software solution, which, unless otherwise determined, is the same as the data subject.

Data subject

The natural person to whom the personal data relates.

Processor

Natural or legal person, authority, institution or other body that processes Personal Data on behalf of and in accordance with the instructions of the Controller.

Controller

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 and the means used for that purpose, including the security measures relating to the operation and use of this Website. 

This website

The website www.forkon.de including the access to the software solution ForkX offered through it.

Service

The Service offered through ForkOn, as described in the applicable Terms of Use for ForkX and on this Website.

European Union (or EU)

Unless otherwise stated, all references in this document to the European Union (EU) refer to all current member states of the European Union and the European Economic Area (EEA).

Cookie

Small text file stored in the browser of the user’s terminal device.

Legal notice

This Privacy Notice has been drafted based on provisions of various laws, including Article 13/14 of Regulation (EU) 2016/679 (the General Data Protection Regulation).

Last updated: [22.02.2021]