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Data Protection Declaration 24.05.2018

Welcome to our website. Below you will find our Data Protection Declaration  

General information

Contact data of the controller:
KME Germany GmbH & Co. KG
Klosterstraße 29 
D-49074 Osnabrück

Phone: +49 541 3210

E-mail: info-germany@kme.com

Contact data of our Data Protection Officer

Roland Matzke
KME Germany GmbH & Co. KG                                          

Carl-Benz-Str.13
D-58706 Menden/Germany

Phone +49 2373 161 379
Fax +49 2373 161 8379
E-mail KME-Germany-Datenschutz@kme.com

        


Specific information regarding the collection of personal data

Visit to the website

Purpose of data collection and processing
Each time a new user accesses a page from our web offer and upon each calling of a file stored on the internet presence, access data pertaining to this activity is saved in a log file. Each data record consists of:
(1) the site from which the file was requested,
(2) the name of the file,
(3) the date and time of the request,
(4) the transmitted data volume,
(5) the access status (file transferred, file not found, etc.),
(6) a description of the type of operating system and web browser used,
(7) the client IP address.
We use this data to operate our website, in particular to determine the utilisation of the website and detect malfunctions, as well as to perform adjustments and improvements. The client IP address is used for the purpose of transmitting the requested data; upon the absence of the technical necessity, it is anonymised by erasure of the last numerical block (Ipv4) or the last octet (Ipv6).


Duration of the storage
The data is stored upon each access of a user to a page of our web offer and upon each calling of our internet presence and is erased as soon as it is no longer needed for the purpose for which it was collected, which is the case when the visitor exits our website.


Legal basis
The temporary storage of the above-mentioned data takes place on the basis of Art. 6 par. 1 lit. f of the European General Data Protection Regulation (hereinafter referred to as "GDPR"). The legitimate interest is given by the provision of our website.


Objection and disposal possibility
The data subject can object to the processing.

 

Cookies

Scope of data collection and use
We transfer so-called cookies to the end device of the data subject to technically enable the visit to our website and the ordering procedure. Cookies are small text files, by means of which the end device of the data subject can be identified, usually by collecting the name of the domain from which the cookie data was sent, information regarding the age of the cookie and an alphanumerical identification mark. By storing the cookie on the end device used – without intervention into the operating system – it is recognised and enables us to make any possible pre-settings immediately available again. We use this information to adjust our website and the services offered to your requirements, and to accelerate the calling of our website.


Duration of the storage
The duration of the storage of the various cookies varies, but is two years at the longest. They are stored on your end device, not on our server, which is why the actual erasing duration depends on the configuration of your browser software. Please refer to the operating instructions of your browser software for information regarding how to erase set cookies, either automatically or as warranted.


Legal basis
The storage of the above-mentioned data takes place on the basis of Art. 6 par. 1 lit. f GDPR. The legitimate interest for the setting of cookies is on the one hand to enable the optimisation of the quality of our website by means of analysis, and on the other hand to enable the visit to our website; in particular, several functions on our website cannot be used without cookies, as the user would not be identified when changing sites, a cart would then not be able to be used, language settings would be lost and the search function would not be executed. Furthermore, storage takes place on the legal basis of Art. 6 par. 1 lit. b GDPR for the implementation of the agreement.


Objection and disposal possibility
The data subject can block the use of cookies on the end device used or erase them after use. Under certain circumstances, however, individual functions of our offer may then not be available. Please refer to the operating instructions of your browser software for information as to how to block cookies and erase already stored cookies.

Contact form or contact via e-mail, fax or phone

Purpose of data collection and use
We provide a contact form on the website. The data subject can use this to contact us by electronic means and we can process the inquiry. The following data is collected and saved: Company, name, address, IP address, e-mail address, phone number, date and time of the inquiry and the description of the issue, contract data if applicable, if the inquiry is placed within the framework of the conclusion or handling of a contract.
A user can contact us by e-mail, fax or phone. We save the data provided and communicated to us in this way by the data subject in order to process the inquiry. This data includes the name, address, e-mail address, phone and/or fax number, date and time of the inquiry and the description of the issue, contract data if applicable, if the inquiry is placed within the framework of the conclusion or handling of a contract.
Your data will not be disclosed to third parties. It serves for the processing of the contact inquiry of the data subject.


Duration of storage
The data is erased as soon as it is no longer required for the accomplishment of the purpose of its collection, which is the case when the conversation has been finalised and the facts clarified, and when no contractual or fiscal storage periods are in conflict with said erasure. This period is five years for personal data subject to § 147 AO (German Fiscal Code) and ten years for personal data subject to § 257 HGB (German Commercial Code). The periods begin upon expiry of the calendar year in which the data was collected.


Legal basis
Storage of the above-mentioned data takes place on the basis of Art. 6 par. 1 lit. a GDPR  only after previous consent within the framework of the inquiry, pursuant to Art. 6 par. 1 lit. b GDPR within the framework of contract initiation or fulfilment or pursuant to Art. 6 par. 1 lit. f GDPR. The legitimate interest of the controller is given by being able to process the contact inquiry and to prevent misuse of the contact inquiry. The lawfulness of the processing performed on the basis of the consent until the time of revocation shall not be affected by a revocation of the consent, which is possible at any time.


Objection and disposal possibility
The data subject has the possibility at any time to revoke the data processing and object to the storage. In this case the data stored in relation to the activity is erased.
Applications


Purpose of data collection and processing
We process the data from the applications received only for the purpose of the application and the application procedure.

Duration of storage
In the case of a successful application, the applicant data may be processed further by us for the purposes of the employment relationship. In the event of an unsuccessful application, the applicant data is erased after completion of the application procedure unless we are entitled to store the data for a period of six months ton enable response to any follow-up questions regarding the application and to fulfil the burden of proof pursuant to the General Equal Treatment Act. The data is also erased if the applicant withdraws his or her application.


Legal basis
Storage of the above-mentioned data takes place for the fulfilment of our preliminary contractual obligations within the framework of the application procedure in the sense of Art. 6 par. 1 lit. b. as well as lit. f. GDPR and, if applicable, for purposes of the employment relationship pursuant to § 26 BDSG (German Federal Data Protection Act). Insofar as special categories of personal data are voluntarily communicated in the sense of Art. 9 par. 1 GDPR, the processing of said data shall take place additionally pursuant to Art. 9 par. 2 lit. b GDPR (e.g. health data such as a status of disability, for example. Insofar as special categories of personal data are asked of applicants within the scope of the application procedure in the sense of Art. 9 par. 1 GDPR, the processing of said data shall take place additionally pursuant to Art. 9 par. 2 lit. a GDPR (e.g. health data, if this is required to exercise the respective profession, for example.

 

Objection and disposal possibility
Objection and disposal possibilities exist in the scope described.

 

YouTube video plugins

Purpose of data collection and processing
Contents of third-party providers ate integrated into this website. These contents are provided by Google LLC. YouTube is operated by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google").  The extended data protection setting is activated for videos from YouTube, which are integrated into our site. This means that no information of website visitors is collected and saved at YouTube unless they play the video. For details regarding the purpose and extent of data collection and the further processing and use of the data by the providers as well as your relevant rights and settings options for the protection of your privacy, please refer to the data protection information of Google under http://www.google.com/intl/de/+/policy/+1button.html.


Duration of storage

The duration of storage is based on the specifications of Google.


Legal basis
Within the framework of a balance of interests, the integration of the videos serves for the maintenance of our predominant legitimate interest in the optimum marketing of our offer pursuant to Art. 6 par. 1 S. 1 lit. f GDPR.


Objection and disposal possibility
Objection and disposal possibilities exist in the scope described.

 

Google Maps

Purpose of data collection and processing
On our website we use the Google Maps of Google LLC (https://www.google.de/maps). During use, data is transmitted, which may in particular include the IP address and location data of the user. Information of the third-party provider; Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043,USA., https://policies.google.com/privacy?hl=en.


Duration of storage
The duration of storage is based on the specifications of Google.


Legal basis
The legal basis for the use of Google Maps is Art. 6 par. 1 S. 1 lit. f GDPR.

Google Analytics

This website uses Google Analytics, a web analysis service of Google LLC (Google). Google Analytics uses so-called “cookies”, text files that are stored on your computer and enable the analysis of your use of the website. On our behalf, Google will use this information to analyse your use of the website, to compile reports on the website activities and to render further services associated with the website and Internet use to us. We can improve our website and our offer by means of the gained statistics and make them more interesting for you as a user.

The information generated by the cookies with regard to your use of this website is usually transferred to a Google server in the USA and stored there. However, in case of an activation of the IP anonymisation of this website, your IP address is shortened beforehand by Google within the member states of the European Union or in other contractual states of the Agreement on the European Economic Area. The full IP address is only transferred to a Google server in the USA and shortened there in exceptional cases. For those exceptional cases where personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Frameworkhttps://www.privacyshield.gov/EU-US-Framework. You can view a current certificate under this link: https://www.privacyshield.gov/list.


This website uses Google Analytics with the extension "_anonymizeIp()". This means that IP addresses are further processed in a shortened form, which rules out the possibility of direct personal reference. Insofar as the data collected about you has a direct personal reference, it is immediately excluded and the personal data erased.


The IP address transmitted by your browser within the framework of Google Analytics is not collected together with other Google data.


You can prevent the saving of cookies by Google Analytics by means of a corresponding setting of your browser software; we would, however, like to inform you that in this case, the functions of this website may possibly not be available to their full extent. You can also prevent the collection of the data related to your use of the website and generated by the cookie (incl. your IP address) to Google and the processing of said data by Google, by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en. In doing so, an opt-out cookie is stored on your end device. If you delete your cookies, you must click on the link again. Pursuant to Art. 6 par. 1 lit. f GDPR, the legal base is the maintenance of our predominant legitimate interest in the optimum representation and marketing of our website.

The processed data is erased automatically after 14 months.

Information of the third-party provider: 

Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.                User conditions: https://www.google.com/analytics/terms/de.html 
Data protection overview: https://www.google.com/intl/de_ALL/analytics/learn/privacy.html
Data Protection Declaration: https://policies.google.com/privacy?hl=de&gl=de

 

Rights of the data subject

If personal data of the user is processed on our website, the person affected (data subject) has the following rights against the controller pursuant to the GDPR.


Right of access pursuant to Art. 15 GDPR:
The data subject has the right to the following information:
a) the processing purposes,
b) the categories of personal data processed;
c) the recipients or categories of recipient to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organisations;
d) if possible the planned duration for which the personal data is to be stored, or, if this is not possible,  the criteria for the determination of this duration;
e) the existence of the right to request from the controller the rectification or erasure of the personal data or the restriction of processing by the controller or of an objection to said processing;
f) the existence of a right to lodge a complaint with a supervisory authority;
g) if the personal data is not collected from the data subject, all available information regarding the origin of the data;
h) the existence of automated decision-making, including profiling, referred to in Art. 22 par. 1 and 4 GDPR and – at least in those cases - meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
i) if personal data is transmitted to a third country or to an international organisation, the data subject shall have the right to be informed with regard to the suitable guarantees pursuant to Art. 46 GDPR in conjunction with the transmission.
We provide the data subject with a copy of the personal data, which is the subject of processing. For all other copies, which the data subject requests, the controller can demand an appropriate remuneration on the basis of the administration costs.


Right to rectification pursuant to Art. 16 GDPR:
The data subject shall have the right 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.


Right to erasure pursuant to Art. 17 GDPR:
The data subject shall have the right 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
a) the personal data is no longer required in relation to the purposes for which it was collected or otherwise processed:
the data subject withdraws his or her consent on which the processing was based according to Art. 6 par. 1 lit. a, or Art. 9 par. 2 lit a GDPR, and where there is no other legal ground for the processing;
c) the data subject objects to the processing pursuant to Art. 21 par. 1 GDPR and e there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 par. 2 GDPR;
d) the personal data has been unlawfully processed.
e) the erasure of the personal data is required for compliance with a legal obligation in Union or Member State law to which the controller is subject;
f) the personal data has been collected in relation to the offered services of the information society pursuant to Art. 8 par. 1 GDPR.


Right to restriction of processing pursuant to Art. 18 GDPR:

The data subject shall have the right to obtain from the controller the restriction of processing if one of the following prerequisites applies:
a) 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
b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of its use instead;
c) the controller no longer needs the personal data for the purposes of processing, but it is required by the data subject for the establishment, exercise or defence of legal claims, or
d) the data subject has objected to processing pursuant to Article 21 par. 1 GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject


Notification obligation pursuant to Art. 19 GDPR:
The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out pursuant to Article 16, Article 17 par. 1 and Article 18 GDPR to each recipient to whom the personal data has been disclosed, unless this proves impossible or involves disproportionate effort. The controller shall inform the data subject about those recipients if the data subject requests it.


Right to data portability, Art. 20 GDPR:
The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit this data to another controller without hindrance from us to which the personal data has been provided, where
a) the processing is based on consent pursuant to Art. 6 par. 1 lit. a GDPR or Art. 9 par. 2 lit. a GDPR or on a contract pursuant to Art. 6 par. 1 lit. b GDPR and
b) the processing is carried out by automated means.
This shall not adversely affect the rights and freedoms of other persons.
Upon exercising the right to data portability pursuant to par. 1, the data subject shall have the right to have the personal data transmitted directly from us to another controller, where technically feasible.
The exercise of the right to data portability shall be without prejudice to the right to erasure pursuant to Art. 17 GDPR. The right to data portability shall not apply to the processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.


Right to data portability pursuant to Art. 21 GDPR:
The data subject shall have the right 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 Art. 6 par. 1 lit. e or f GDPR,  including profiling based on those provisions.
We shall no longer process the personal data 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.
Where personal data is processed 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, which includes profiling to the extent that it is related to such direct marketing Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes
A consent granted by the data subject can be revoked at any time. The collection and processing which has taken place beforehand shall, however, remain lawful.


Automated individual decision-making, including profiling pursuant to Art. 22 GDPR:
The data subject shall have the right 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
This shall not apply if the decision
a) is necessary for entering into or for the performance of a contract between the data subject and us;
b) is authorised by Union or Member State law to which we are subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or
c) is based on the data subject’s explicit consent.
These decisions may not be solely based on special categories of personal data pursuant to Art. 9 par. 1 GDPR, unless Art. 9 par. 2 lit. a or g GDPR applies and suitable measures to safeguard the data subject's rights and freedoms and legitimate interests have been taken.
In the cases a) and c), we shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, to which at least the right to obtain human intervention on our part, to express an own point of view and to contest the decision belong.


Right to lodge a complaint with a supervisory authority pursuant to Art. 77 GDPR:
Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this regulation.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.


Right to an effective judicial remedy pursuant to Art. 79 GDPR:
Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77, each data subject shall have the right to an effective judicial remedy where he or she considers that his or her rights under this regulation have been infringed as a result of the processing of his or her personal data in non-compliance with this regulation.
Proceedings against us or a processor shall be brought before the courts of the Member State where we or the processor has an establishment. Alternatively, such proceedings may be brought before the courts of the Member State where the data subject has his or her habitual residence, unless we or the processor is a public authority of a Member State acting in the exercise of its public powers.