Data protection
KEMMLIT-Bauelemente GmbH
Maltschachstraße 37
D-72144 Dusslingen
Phone +49 7072 131-0
Fax +49 7072 131-150
E-mail
Internet www.kemmlit.de
Management:
Betriebswirt (VWA) Markus Reisch
Register court: Stuttgart
Register number: HRB 380149
VAT ID number according to § 27 a Umsatzsteuergesetz: DE811483968
Status 25.05.2018
KEMMLIT-Bauelemente GmbH respects the data protection rights of every individual. The services of KEMMLIT are in accordance with the legal data protection regulations, the European General Data Protection Regulation (GDPR), the DSAnpUG Part I and Part II (hereinafter referred to as BDSG) and Section 7 (3) of the Act against Unfair Competition (UWG) in conjunction with Art. 95 EU GDPR as a “special regulation” from the ePrivacy Directive (Art. 13 2002/58/EC).
Information obligations when collecting personal data in accordance with Art. 13 EU GDPR
The handling of your personal data should always be comprehensible and transparent for you. In the following, we inform you in accordance with Art. 13 EU GDPR how we collect and process your personal data in compliance with the law.
Information on the collection of personal data
(1) In the following, we provide information about the collection of personal data when using our website. Personal data are e.g. name, address, e-mail addresses, user behavior.
(2) If you contact us by e-mail or via a contact form or via a request for a quote, the data you provide (your e-mail address, your name and telephone number if applicable) will be stored by us in order to answer your questions. We delete the data arising in this context after storage is no longer required, or processing is restricted if there are statutory retention obligations.
Collection of personal data when visiting our website
If you use the website for informational purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure stability and security (legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR):
– IP address
– Date and time of the request
– Time zone difference to Greenwich Mean Time (GMT)
– Content of the request (specific page)
– Access status/HTTP status code
– Amount of data transferred in each case
– Website from which the request comes
– Browser
– Operating system and its interface
– Language and version of the browser software.
Processing of personal data
We process personal data. According to Art. 4 No. 1 EU GDPR, “personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as “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.
Purpose and legal basis of data processing (Art. 13 para. 1 lit. c) EU GDPR)
The processing of personal data is only lawful if there is a legal basis for the processing. The legal basis for processing may be in particular pursuant to Article 6 (1)
lit. a – f GDPR:
a. The data subject has given their consent to the processing of their personal data for one or more specific purposes;
b. The processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
c. The processing is necessary for compliance with a legal obligation to which the controller is subject;
d. Processing is necessary in order to protect the vital interests of the data subject or of another natural person;
e. Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
f. Processing is necessary for the purposes of the legitimate interests pursued by the controller 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, in particular where the data subject is a child.
Newsletter & Advertising
If you subscribe to our newsletter as a non-customer via the “Subscribe to newsletter” input screen, your email address will be used for our own advertising purposes until you unsubscribe from the newsletter. Until then, it is our legitimate interest within the meaning of Art. 6 para. 1 sentence 1 lit. f) EU GDPR to regularly send you the newsletter at your request.
Customers will receive regular information, current catalogs or product information from us by email even without registering for the newsletter after the EU GDPR comes into force. The legal basis for this arises from Section 7 (3) UWG in conjunction with Art. 95 EU GDPR as a “special regulation” from the ePrivacy Directive (Art. 13 2002/58/EC).
This applies equally to non-customers and customers:
You can unsubscribe from the newsletter at any time using the unsubscribe link at the end of each email. You can also object to the use of your e-mail address for advertising purposes at any time by sending an informal e-mail (Art. 21 EU GDPR). Your e-mail address will not be passed on to other companies. We use service providers to operate our newsletter (for details, see “Disclosure of personal data to third parties”). The software used to evaluate the newsletter stores the usage behavior anonymously (as is also the case with other retrievals of information via the Internet automatically). Only the hyperlinks clicked on or the opening of the newsletter itself are registered for statistical evaluation.
Profile information about the use of our newsletter is only created anonymously and is only used to improve user guidance and optimize the offer in line with user interests. Individual behavior is not evaluated. The provision of further personal data is purely voluntary and is used exclusively to personalize the newsletter.
Disclosure of personal data to third parties/
Recipient of the data (Art. 13 para. 1 lit. e) EU GDPR)
Customer or prospective customer data is neither sold nor traded in any other form. Likewise, no address lists are rented out and no third-party advertising is sent to subscribers in our own name. If we make advance payments, e.g. in the case of a purchase on account, we may obtain credit information on the basis of mathematical-statistical procedures from Creditreform, Reutlingen Degener KG, Postfach 7065, 72734 Reutlingen in order to safeguard our legitimate interests. For this purpose, we pass on the personal data required for a credit check to the named company and use the information received on the statistical probability of a payment default for a balanced decision on the establishment, execution or termination of the contractual relationship. In order to fulfill the contract, we work closely with some partner companies and individuals that we commission to perform some of our tasks. We provide them with access to the data required for this purpose as part of the fulfillment of the contract. They may not use this data for any other purpose. They are also obliged to comply with these data protection regulations and the data protection laws. Examples of this are logistics companies, which of course need to know the delivery address, or payment service providers. There are order processing contracts with companies to which we pass on your data for the purpose of delivery in accordance with Art. 28 GDPR. Depending on which payment service provider you select in the ordering process, we will pass on the payment data collected for the processing of payments to the credit institution commissioned with the payment and, if applicable, to payment service providers commissioned by us or to the selected payment service. In some cases, the selected payment service providers also collect this data themselves if you create an account with them. In this case, you must log in to the payment service provider with your access data during the ordering process. The privacy policy of the respective payment service provider applies in this respect. Otherwise, data will only be passed on to third parties with the consent of the data subject. Insofar as we employ external service providers for the technical implementation of data processing, they act exclusively on our instructions and in accordance with our specifications, which are specified in a contract for commissioned data processing (ADV) (Art. 28 EU GDPR).
Duration of storage and deletion of data; right to object and right to information (Art. 13 para. 2 lit. a) and b) EU GDPR)
The duration of storage depends on legal requirements and the purpose of data storage. If the purpose of the data processing is no longer given, the data will be deleted. Otherwise, personal data collected is generally deleted if consent is withdrawn, the data is proven to be incorrect, the data was collected unlawfully or if legal requirements no longer demand data storage (e.g. after 10 years in the case of invoice data).
If there is no legal justification for storage, every data subject has the right to rectification or erasure (Art. 16, 17 EU GDPR), the right to restriction of processing (Art. 18 EU GDPR), the right to portability (Art. 20 EU GDPR) of their personal data and the right to object (Art. 21 EU GDPR).
If the data subject has given their consent, they may withdraw it at any time without affecting the lawfulness of processing based on consent before its withdrawal (Art. 13 para. 2 lit. c) in conjunction with Art. 7 para. 3 EU GDPR). Art. 7 para. 3 EU GDPR).
Every data subject can request information about which of their personal data is processed by KEMMLIT (Art. 15 EU GDPR).
Your personal data is not subject to automated decision-making, including profiling, as part of our processing (Art. 13 para. 2 lit. f) EU GDPR).
Right to lodge a complaint with the competent supervisory authority (Art. 13 para. 2 lit. d) EU GDPR)
Without prejudice to any other legal remedy, every data subject has the right to lodge a complaint with the competent supervisory authority.
(The State Commissioner for Data Protection and Freedom of Information in Baden-Württemberg (https://www.baden-wuerttemberg.datenschutz.de)).
Responsible body (Art. 13 para. 1 lit. a) EU GDPR)
Management: Dr. Marc Kemmler, Dipl.-Kaufmann Kurt Binder, Betriebswirt (VWA) Markus Reisch
KEMMLIT-Bauelemente GmbH
Maltschachstraße 37
D-72144 Dusslingen
Phone +49(0)7072/131-0
Fax +49(0)7072/131-150
E-mail
Internet www.kemmlit.de
Data Protection Officer (Art. 13 para. 1 lit. b) EU GDPR)
Dirk Fromm
Certified Data Protection Officer and Data Protection Auditor (TÜVPersCert)
Information Security Officer – ISO/IEC 27001
(TÜVPersCert)
CE21 – Gesellschaft für Kommunikationsberatung mbH
Bergfeldstraße 11, 83607 Holzkirchen
Branch NRW: Kampsweg 6, 53332 Bornheim
Phone: +49 89 7167211-30
Email:
www.ce21.de
Information for evaluating the website to improve our services
We collect and store all information that you enter on our website or send to us by e-mail or in any other way. We use your information to communicate with you about orders, products, services and offers. We also use it to update our records, to maintain and service your customer accounts with us and to recommend products that may be of interest to you. We also use your information to prevent or detect abuse, in particular fraud.
Integration of social networks
A connection can be established from our website to the Facebook, Instagram, Twitter, Pinterest, XING and LinkedIn accounts, the YouTube channel and the blog of KEMMLIT Bauelemente GmbH. In addition, the embedded map from Google Maps, on which the location of KEMMLIT Bauelemente GmbH is shown, contains a link that the visitor can use to sign in to their Google account in order to see a personalized map.
We send e-mails in the course of orders and registrations, among other things. As described above, we also send e-mail newsletters and catalogs as well as product information for marketing purposes. E-mails are sent via the unsecured Internet. We would like to point out that the Internet harbors many risks of attack and that absolutely secure transmission cannot be guaranteed.
Links
Our site may contain advertising and links to websites for which we are not responsible. We have no influence on their content and on whether their operators comply with data protection regulations. Please contact these companies directly to find out about their data protection regulations.
Use of cookies
We use cookies on various pages to make your visit to our website more attractive and to enable the use of certain functions. These are small text files that are stored on your computer. Most of the cookies we use are deleted from your hard disk at the end of the browser session (so-called session cookies). Other cookies remain on your computer and enable us to recognize your computer on your next visit (persistent cookies). Our partner companies are not permitted to collect, process or use personal data via our website using cookies.
Other functions and offers on our website
(1) In addition to the purely informational use of our website, we offer various services that you can use if you are interested. To do so, you must generally provide additional personal data that we use to provide the respective service and for which the aforementioned data processing principles apply.
(2) In some cases, we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are regularly monitored.
(3) Furthermore, we may pass on your personal data to third parties if we offer participation in promotions, competitions, contracts or similar services together with partners. You will receive more detailed information on this when you provide your personal data or in the description of the offer below.
(4) If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you of the consequences of this circumstance in the description of the offer.
Google Analytics
This website uses Google Analytics, a web analysis service of Google Inc (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, if IP anonymization is activated on this website, your IP address will first be truncated by Google within member states of the European Union or in other states party 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 truncated there. Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data with Google’s consent.
You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available at the following link [insert link here. The current link is tools.google.com/dlpage/gaoptout.
By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Chat
On our website, we offer the option of a live chat with service employees. For this purpose, we use components from LiveZilla GmbH, Ekkehardstrasse 10, 78224 Singen, Germany, on our website. Each time our website is accessed, this component collects and stores data for web analysis and for operating the live chat system, from which user profiles can then be created under a pseudonym using cookies. These user profiles can be used to analyze visitor behavior and operate the live chat system and can be evaluated to improve our website and tailor it to your needs. For more information on the handling of user data in the User Help Desk and ways to protect your privacy, please refer to LiveZilla’s privacy policy: https://www.livezilla.net/disclaimer/de/
Rights of the data subject
(1) Revocation of consent
If the processing of personal data is based on your consent, you have the right to withdraw your consent at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal. You can contact us at any time to exercise your right of withdrawal.
(2)Right to confirmation
You have the right to request confirmation from the controller as to whether we are processing personal data concerning you. You can request confirmation at any time using the contact details above.
(3) Right to information
If personal data is processed, you can request information about this personal data and the following information at any time:
a. The purposes of processing;
b. The categories of personal data that are processed;
c. The recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
d. Where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
e. The existence of a right to rectification or erasure of personal data concerning you or to restriction of processing by the controller or a right to object to such processing;
f. The existence of a right of appeal to a supervisory authority;
g. If the personal data are not collected from the data subject, all available information about the origin of the data;
h. The existence of automated decision-making, including profiling, referred to in Article 22(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.
If personal data is transferred to a third country or to an international organization, you have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR in connection with the transfer. We will provide a copy of the personal data that is the subject of the processing. For any further copies you request, we may charge a reasonable fee based on administrative costs. If you make the request electronically, the information shall be provided in a commonly used electronic format, unless it specifies otherwise. The right to receive a copy in accordance with paragraph 3 must not adversely affect the rights and freedoms of other persons.
(4) Right to rectification
You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
(5) Right to erasure (“right to be forgotten”)
You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and we are obliged to erase personal data without undue delay where one of the following grounds applies:
a. The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
b. The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing.
c. The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
d. The personal data has been processed unlawfully.
e. The deletion of personal data is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.
f. The personal data was collected in relation to information society services offered in accordance with Article 8 (1) GDPR.
Where the controller has made the personal data public and is obliged pursuant to paragraph 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 controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
The right to erasure (“right to be forgotten”) does not exist if the processing is necessary:
– to exercise the right to freedom of expression and information;
– for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
– for reasons of public interest in the area of public health in accordance with Article 9(2)(h) and (i) and Article 9(3) GDPR;
– for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) GDPR in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
– for the assertion, exercise or defense of legal claims.
(6) Right to restriction of processing
You have the right to demand that we restrict the processing of your personal data if one of the following conditions is met:
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 their use instead;
c. the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims, or
d. the data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted in accordance with the above conditions, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
To assert the right to restriction of processing, the data subject can contact us at any time using the contact details provided above.
(7) Right to data portability
You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where one of the following applies
a. the processing is based on consent pursuant to Article 6(1)(a) or Article 9(2)(a) or on a contract pursuant to Article 6(1)(b) GDPR, and
b. the processing is carried out by automated means
When exercising the right to data portability pursuant to paragraph 1, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The exercise of the right to data portability does not affect the right to erasure (“right to be forgotten”). This right does not apply to processing that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
(8) Right of objection
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of legal claims.
Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. If you object to processing for direct marketing purposes, the personal data will no longer be processed for these purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
You have the right to object, on grounds relating to your particular situation, to processing of personal data concerning you which is carried out for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), unless the processing is necessary for the performance of a task carried out for reasons of public interest.
You can exercise your right to object at any time by contacting the respective controller.
(9) Automated decisions in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision:
a. is necessary for the conclusion or performance of a contract between the data subject and the controller,
b. is authorized 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
c. with the express consent of the data subject.
The data controller 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 to contest the decision.
The data subject can exercise this right at any time by contacting the respective controller.
(10) Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you also 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 the data subject considers that the processing of personal data relating to him or her infringes this Regulation.
(11) Right to an effective judicial remedy
Without prejudice to any available administrative or extrajudicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR, you have the right to an effective judicial remedy if you consider that your rights under this Regulation have been infringed as a result of the processing of your personal data in non-compliance with this Regulation.
We will be happy to answer any further data protection questions you may have. Simply send an e-mail to