data protection
I. NAME AND ADDRESS OF THE RESPONSIBLE PERSON
The responsible person in terms of Data Protection Basic Regulation (GDPR) and other national data protection laws of the member states as well as other data protection regulations is:
KAGERER & Co. GmbH
Weißenfelder Straße 6
85622 Feldkirchen
Germany
Phone +49 89 900 485-0
Fax: +49 89 900 485-400
Internet: www.kagerer.de
E-Mail: datenschutz@kagerer.de
II. NAME AND ADDRESS OF THE DATA PROTECTION OFFICER
The data protection officer of the responsible organization is:
Johannes Lex
KAGERER & Co. GmbH
Weißenfelder Straße 6
85622 Feldkirchen
Germany
Phone +49 89 900 485-0
Fax +49 89 900 485-400
Internet: www.kagerer.de
E-Mail: datenschutz@kagerer.de
III. GENERAL INFORMATION ON DATA PROCESSING
1. SCOPE OF THE PROCESSING OF PERSONAL DATA
As a matter of principle, we process personal data of our users only to the extent necessary to provide a functional website and our contents and services. The processing of personal data of our users is regularly only carried out with the consent of the user. An exception is made in cases where prior consent can not be obtained for factual reasons and the processing of the data is permitted by law.
2. LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA
Insofar as we obtain the consent of the data subject for processing of personal data, Art. 6 para. 1 lit. a EU Data Protection Basic Regulation (GDPR) serves as the legal basis.
In the processing of personal data necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 letter b GDPR serves as the legal basis. This also applies to processing operations which are necessary to carry out pre-contractual measures.
Insofar as the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
If the processing is necessary to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 para. 1 letter f GDPR serves as the legal basis for the processing.
3. DATA DELETION AND STORAGE DURATION
The personal data of the person concerned will be deleted or blocked as soon as the purpose of the storage no longer applies. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU ordinances, laws or other regulations to which the person responsible is subject. Data will also be blocked or deleted when a storage period prescribed by the above-mentioned standards expires, unless there is a need to continue storing the data for the purpose of concluding or fulfilling a contract.
IV. PROVISION OF THE WEBSITE AND CREATION OF LOG FILES
1. DESCRIPTION AND SCOPE OF DATA PROCESSING
Whenever our website is called up, our system automatically collects data and information from the computer system of the calling computer. The provider of these pages also automatically collects and stores information in so-called server log files, which your browser automatically transmits to us.
The following data is collected:
•Visited website
•Date and time of access
•Amount of sent data in bytes
•Source/reference from which you reached the page
•Used Browser
•Operating system used
•IP address
The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.
2. LEGAL BASIS FOR DATA PROCESSING
The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GDPR.
3. PURPOSE OF THE DATA PROCESSING
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session.
The storage in log files is done to ensure the functionality of the website. In addition, the data serves us to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
These purposes also include our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f GDPR.
4. DURATION OF STORAGE
The data will be deleted as soon as they are no longer necessary for the purpose of their collection. In the case of the collection of data for the provision of the website, this is the case when the respective session is ended.
In the case of data storage in log files, this is the case after thirty days at the latest. A storage beyond that is possible. In this case the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.
5. CONTRADICTION AND ELIMINATION POSSIBILITIES
The collection of data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website. There is therefore no possibility of objection on the part of the user.
V. USE OF COOKIES
1. DESCRIPTION AND SCOPE OF DATA PROCESSING
Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. If a user calls up a website, a cookie can be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.
We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.
The following data is stored and transmitted in the cookies:
•Language settings
•Resolution
We also use cookies on our website, which enable an analysis of the surfing behaviour of the users.
In this way the following data can be transmitted:
•Frequency of page views
•Use of website functions
•Login data at login
The user data collected in this way is pseudonymized by technical precautions. It is therefore no longer possible to assign the data to the calling user. The data is not stored together with other personal data of the users.
You can also set your browser to disable cookies. Please note that the full functionality of the website view is then no longer guaranteed.
2. LEGAL BASIS FOR DATA PROCESSING
The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f GDPR.
The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 lit. f GDPR.
3. PURPOSE OF THE DATA PROCESSING
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website can not be offered without the use of cookies. For these it is necessary that the browser is recognized even after a page change.
The user data collected through technically necessary cookies is not used to create user profiles.
4. DURATION OF STORAGE, OBJECTION AND REMOVAL POSSIBILITIES
Cookies are stored on the user's computer and transmitted by the user to our site. Therefore you as a user have full control over the use of cookies. By changing the settings in your Internet browser, you can deactivate or restrict the transmission of cookies. Already stored cookies can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that not all functions of the website can be used to their full extent.
VI. CONTACT FORM AND E-MAIL CONTACT
1. DESCRIPTION AND SCOPE OF DATA PROCESSING
On our website there is a contact form which can be used for electronic contact. If a user takes advantage of this possibility, the data entered in the input mask is transmitted to us and stored. These data are at least (mandatory fields):
•Company
•first name
•Last name
•e-mail address
•Message
At the time the message is sent, the following data is also stored:
•The IP address of the user
•Date and time
For the processing of the data, your consent will be obtained during the sending process and reference will be made to this privacy policy.
Alternatively, it is possible to contact us via the provided e-mail address. In this case, the user's personal data transmitted with the e-mail will be stored. When sending an e-mail, the following data is logged:
•Sender address
•Date and time
•IP address and, if necessary, their routes
•Subject
•Message content
•attachments, if applicable
In this context, the data will not be passed on to third parties. The data will be used exclusively for processing the conversation.
2. LEGAL BASIS FOR DATA PROCESSING
The legal basis for the processing of the data is Art. 6 para. 1 lit. a GDPR if the user has given his consent.
The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6, Par. 1, letter f, GDPR. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 letter b GDPR.
3. PURPOSE OF THE DATA PROCESSING
The processing of the personal data from the input mask serves us only to process the contact. In the case of contacting us by e-mail, this is also the necessary legitimate interest in the processing of the data.
The other personal data processed during the sending process serves to prevent misuse of the contact form and to ensure the security of our information technology systems.
4. DURATION OF STORAGE
The data will be deleted as soon as they are no longer necessary for the purpose of their collection. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is terminated when it can be concluded from the circumstances that the matter in question has been finally clarified.
Any additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
5. CONTRADICTION AND ELIMINATION POSSIBILITIES
The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case the conversation cannot be continued.
The objection can be made by e-mail or by post. For this purpose, the necessary contact information is available in the imprint.
All personal data stored in the course of the contact will be deleted in this case.
VII. APPLICATIONS BY E-MAIL
1. DESCRIPTION AND SCOPE OF DATA PROCESSING
You have the possibility to send us an application by e-mail. During this sending process via e-mail our servers log the following data:
•Sender address
•Date and time
•Recipient address
•IP address and, if necessary, their routes
•Subject
•Message content
•attachments, if applicable
Your data will not be passed on to third parties in connection with your application. The data will be used exclusively for processing within the application process.
2. LEGAL BASIS FOR DATA PROCESSING
The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6, Par. 1, letter f, GDPR. In addition, the legal basis for the sending of an e-mail for the purpose of concluding an employment or training contract is Art. 6 para. 1 letter b GDPR.
3. PURPOSES OF DATA PROCESSING
The processing of the personal data from your application documents and from your e-mail serves us solely to process your application within the application process and to contact you. In the case of hiring and contacting you by e-mail, this also constitutes the necessary legitimate interest in the processing of the data.
4. DURATION OF STORAGE
The data of the application including the attachments will be stored for up to three months after completion of the application procedure. In the case of an employment, this data will be stored within the scope of the contractual relationship with you.
5.CONTRADICTION AND REMOVAL POSSIBILITIES
The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the application process cannot be continued.
The objection can be made by e-mail or by post. For this purpose, the necessary contact information is available in the imprint.
All personal data stored in the course of the contact will be deleted in this case.
VIII. REGISTRATION
1. DESCRIPTION AND SCOPE OF DATA PROCESSING
On our website we offer users the possibility to register by providing personal data. The data is entered into an input mask, transmitted to us and stored. The data will not be passed on to third parties. The following data is collected during the registration process:
•first name
•Last name
•e-mail address
•VAT ID
•Company
•Phone
•Address
During the registration process, the user's consent to the processing of this data is obtained.
2. LEGAL BASIS FOR DATA PROCESSING
The legal basis for the processing of the data is Art. 6 para. 1 lit. a GDPR if the user has given his consent.
3. PURPOSE OF THE DATA PROCESSING
A registration of the user is required for the fulfillment of a contract with the user or for the implementation of pre-contractual measures.
4. DURATION OF STORAGE
The data will be deleted as soon as they are no longer necessary for the purpose of their collection.
This is the case for data collected during the registration process for the purpose of fulfilling a contract or for the implementation of pre-contractual measures if the data is no longer required for the execution of the contract. Even after conclusion of the contract, it may still be necessary to store personal data of the contractual partner in order to comply with contractual or legal obligations.
5. POSSIBILITY OF OBJECTION AND REMOVAL
As a user you have the possibility to cancel the registration at any time. You can have the data stored about you changed at any time.
If the data is required for the fulfilment of a contract or for the implementation of pre-contractual measures, an early deletion of the data is only possible if no contractual or legal obligations prevent a deletion.
IX. RIGHTS OF THE PERSON CONCERNED
If your personal data is processed, you are a data subject within the meaning of the GDPR and you are entitled to the following rights vis-à-vis the person responsible:
1. RIGHT OF INFORMATION
You may request confirmation from the person responsible as to whether personal data concerning you is being processed by us.
In the event of such processing, you may request the following information from the data controller:
1.the purposes for which the personal data are processed;
2.the categories of personal data that are processed;
3.the recipients or categories of recipients to whom the personal data concerning you has been or will be disclosed
4.the planned duration of storage of the personal data concerning you or, if specific details are not possible, criteria for determining the duration of storage
5.the existence of a right to rectification or erasure of personal data concerning you, a right to have the processing limited by the controller or a right to object to such processing
6.the existence of a right of appeal to a supervisory authority
7.all available information about the origin of the data, if the personal data is not collected from the data subject;
8.the existence of an automated decision making process, including profiling, in accordance with art. 22 paras. 1 and 4 GDPR and - at least in these cases - meaningful information on the logic involved and the scope and intended effects of such processing on the data subject
You have the right to request information as to whether personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transfer.
2. RIGHT OF CORRECTION
You have the right to ask the data controller to correct and/or complete the data if the personal data processed concerning you is incorrect or incomplete. The data controller must make the correction without delay.
3. RIGHT TO LIMITATION OF PROCESSING
Under the following conditions, you may request the restriction of the processing of personal data concerning you:
1.if you dispute the accuracy of the personal data concerning you for a period of time that allows the person in charge to verify the accuracy of the personal data
2.the processing is unlawful and you object to the deletion of the personal data and request instead the restriction of the use of the personal data;
3.the controller no longer needs the personal data for the purposes of the processing, but you need it for the purpose of asserting, exercising or defending legal claims, or
4.if you have lodged an objection to the processing in accordance with Art. 21 Par. 1 GDPR and it has not yet been established whether the legitimate reasons of the controller outweigh your reasons.
If the processing of personal data relating to you has been restricted, such data, apart from being stored, may be processed only with your consent or for the purpose of pursuing, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.
If the restriction of the processing has been restricted in accordance with the above-mentioned conditions, you will be informed by the controller before the restriction is lifted.
4.RIGHT OF DELETION
a) Duty to delete
You may demand that the person responsible for the data concerning you be immediately deleted, and the person responsible is obliged to delete such data immediately if one of the following reasons applies:
1.The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
2.You revoke your consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR and there is no other legal basis for the processing.
3.You submit an objection to the processing in accordance with Art. 21 Par. 1 GDPR and there are no legitimate reasons for the processing, or you submit an objection to the processing in accordance with Art. 21 Par. 2 GDPR.
4.The personal data concerning you have been processed unlawfully.
5.The deletion of personal data concerning you is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
6.The personal data concerning you has been collected in relation to the information society services offered in accordance with art. 8 para. 1 of the GDPR.
b) Information to third parties
If the data controller has made public the personal data concerning you and is obliged to delete them in accordance with Art. 17 para. 1 GDPR, he shall take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to these personal data or copies or replications of these personal data.
c) Exceptions
The right to deletion does not exist insofar as the processing is necessary
1.to exercise the right to freedom of expression and information;
2.for the performance of a legal obligation which requires processing under Union or national 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;
3.for reasons of public interest in the field of public health in accordance with Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;
4.for archiving, scientific or historical research purposes in the public interest or for statistical purposes pursuant to Art. 89 para. 1 GDPR, insofar as the law referred to in section a) is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or
5.to assert, exercise or defend legal claims.
5. RIGHT TO INFORMATION
If you have asserted the right to rectification, erasure or limitation of processing vis-à-vis the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed about these recipients.
6. RIGHT TO DATA TRANSFERABILITY
You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, common and machine-readable format. You also have the right to have this data communicated to another person in charge without interference from the person in charge to whom the personal data has been communicated, provided that
1.the processing is based on a consent pursuant to Art. 6 para. 1 letter a GDPR or Art. 9 para. 2 letter a GDPR or on a contract pursuant to Art. 6 para. 1 letter b GDPR and
2.the processing is carried out using automated procedures.
In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one person in charge to another, as far as this is technically feasible. The freedoms and rights of other persons may not be affected by this.
The right to data transferability shall not apply to processing of personal data which 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.
7. RIGHT OF OBJECTION
You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you that is carried out pursuant to art. 6, paragraph 1, letter e or f of the GDPR; this also applies to profiling based on these provisions.
The person responsible will no longer process the personal data concerning you, unless he/she can demonstrate compelling reasons for processing which are worthy of protection and which outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it relates to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You may exercise your right of objection in connection with the use of information society services, without prejudice to Directive 2002/58/EC, by means of automated procedures involving technical specifications.
8. RIGHT TO REVOKE THE DECLARATION OF CONSENT UNDER DATA PROTECTION LAW
You have the right to revoke your data protection declaration of consent at any time. Revocation of your consent does not affect the legality of the processing that has taken place on the basis of your consent until revocation.
9. RIGHT TO COMPLAIN 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 in which you are resident, your place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you is in breach of the GDPR.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and the results of the complaint, including the possibility of a judicial remedy under Art. 78 GDPR.
The supervisory authority responsible for us is
Bavarian State Office for Data Protection Supervision,
Promenade 27 (Schloss)
91522 Ansbach
Phone: 0981 53 1300
E-mail: poststelle@lda.bayern.de
Internet www.lda.bayern.de
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