Data Protection Declaration

KEMMLIT-Bauelemente GmbH respects the data protection rights of every individual. The services of KEMMLIT are in line with the legal data protection requirements, the European General Data Protection Regulation (GDPR), the DSAnpUG (Datenschutz-Anpassungs- und Umsetzungsgesetz (Act to Adapt Data Protection Law to Regulation (EU) 2016/679 and Implement Directive (EU) 2016/680) part I and part II (subsequently referred to as BDSG – Bundesdatenschutzgesetz (Federal Data Protection Act)) and Art. 7 (3) of the law against unfair competition (Gesetz gegen unlauteren Wettbewerb –UWG) in combination with Art. 95 of the GDPR-EU as a "special regulation" of the ePrivacy Directive (Art. 13 2002/58/EU).

Information obligations when collecting personal data acc. to Art. 13 GDPR

The handling of your personal data should always be comprehensible and transparent to you. Below we are informing you in accordance with Art. 13 GDPR of how we legally collect and process your personal data.

Information about the collection of personal data

(1) Below we will inform you about the collection of personal data when using our website. Personal data include, e.g. Name, address, e-mail addresses, user behaviour.

(2) When you contact us via e-mail or a contact form or if you submit a request for an offer, we will store the data you have submitted to us (your e-mail address, if applicable your name and telephone number) to reply to your questions. We delete the data collected this way after its storage is no longer necessary, or the processing is limited if there are legal safekeeping obligations.

Collection of personal data when visiting our website

If you use our website for information purposes only, i.e. without registering or conveying information otherwise, we only collect the personal data transmitted by your browser to our server. If you want to look at our website, we collect the following data that are technically required to display our website to you and that ensure stability and safety (the legal basis is Art. 6 (1) sentence 1 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

–        The respective transmitted data volume

–        Website from which the request originates

–        Browser

–        Operating system and its interface

–        Language and version of the browser software.

Processing personal data

We process personal data. According to Art. 4 no. 1 GDPR, "personal data" includes all information any information relating to an identified or identifiable natural person (subsequently 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 (1) c GDPR

The processing of personal data is only lawful if there is a legal basis for the processing. According to Art. 6 (1) a-f the legal basis for the processing could be in particular:

a. the data subject has given consent to the processing of his or her personal data for one or more specific purposes;

b. 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. 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 input mask "subscribe to newsletter", your e-mail address will be used for our internal advertising purposes until you unsubscribe from the newsletter. Until that time it is our legitimate concern according to Art. 6 (1) sent. 1 f GDPR to solicit you regularly with the newsletter upon your request. 
Even without subscribing to the newsletter, after the GDPR-EU takes effect, customers will regularly receive information, current catalogues or product information via e-mail from us. The legal basis for this is derived from Art. 7 (3) UWG in combination with Art. 95 GPDR as a "special regulation" of the ePrivacy directive (Art. 13 2002/58/EG).

The following apply equally to customers and non-customers: 

They can unsubscribe from the newsletter at any time via the unsubscribe link at the end of each e-mail. They can also object at any time with an informal email to the use of their e-mail address for advertising purposes (art. 21 GDPR). Their e-mail address will not be passed on to other companies. Our newsletter is handled by service providers (for details regarding this, see the point "Transfer of personal data to third parties"). The software used for the evaluation of the newsletter anonymously stores the user behaviour (automatically the same as other access of information via the Internet). Only the clicked hyperlinks or the opening of the newsletter itself is registered for statistical evaluation.
Profile information regarding the use of our newsletter is exclusively prepared anonymously and only serves to improve the user support and to optimally match the offer to the user interests. Individual behaviour will not be evaluated. The provision of additional personal data is voluntary and will only be used for personalizing the newsletter.

Transfer of personal data to third parties/

recipients of the data (Art. 13 (1) e GDPR)

Customer or interested party data are neither sold or traded in any other way. Similarly, no address lists are rented out and no advertising by third parties sent our under their own name to the subscriber. If we provide an advance concession, e.g. for purchases via invoice, we maintain our legitimate interests by obtaining information about the credit-worthiness of the customer based on mathematical-statistical methods from Creditreform, Reutlingen Degener KG, P.O.Box 7065, 72734 Reutlingen, Germany. For this purpose, we transfer the personal data required for a credit assessment to the above-stated company and use the received information regarding the statistical probability of a payment default for a calculated decision about the basis, implementation or ending of the contractual relationship. For performance of the contract we work closely with some partner companies and individual persons who we assign with the performance of some of our obligations. We provide them with access to the required data as part of the performance of the contract. They may not use this data for other purposes. They are also obligated to comply with these data protection regulations and data protection legislation. Examples include logistics companies that naturally need to know the delivery address or payment service providers. There are order processing contracts acc. to Art 28 GDPR with companies to which we transfer your data for deliveries. Depending on the payment service provider you select in the order process, we transfer for the handling of payments the collected payment data to the credit institution assigned with handling the payment and, if applicable, to payment service providers assigned by us or the selected payment service. In part, the selected payment service providers collect this data themselves if you set up an account with them. In this case, you have to register with the payment service provider during the order process with your access data. The data protection declaration of the concerned payment service provider applies. Other than that data are passed on to third parties only with the approval of the data subject. Insofar as we commission external service providers for the technical implementation of the data processing, they will only act upon our instructions and based on our prerequisites that are specified by a contract for commissioned data processing (Art. 28 GDPR).

Period of storage and erasure of the data, right to object and access (Art, 13 (2) a) and b) GDPR)

The storage period depends on the legal requirements and the purpose of the data storage. If the purpose of the data processing is no longer valid, the data are erased. Other than that, collected personal data are generally erased if the approval is withdrawn, the data are verifiably wrong, the data was collected unlawfully or if legal requirement no longer prescribe data storage (e.g. for invoices older than 10 years). 
If there is no legal reason for storage, every data subject has the right to rectification or erasure (Art. 16, 17 GDPR), the right to restriction of processing (Art. 18 GDPR), the right to data portability (Art. 20 GDPR) of their personal data, as well as the right to object (Art. 21 GDPR|). 
If the data subject has issued a declaration of consent, he/she can withdraw this consent at any time without affecting the lawfulness of processing based on consent before its withdrawal; (Art. 13 (2 ) c) in comb. with Art. 7 (3) GDPR). 
On request, every data subject has access to the information of which personal data concerning him/her are processed by KEMMLIT (Art. 15 GDPR).
Within the scope of our processing, your personal data are not subjected to automated decision-making, including profiling (Art. 13 (2) f) GDPR).

Right to lodge a complaint with a supervisory authority (Art. 13 (2) d GDPR)

Each data subject has, without prejudice to any other legal remedy, the right to complain to the responsible supervisory authority. 
(The regional representative for data protection and freedom of information for Baden-Württemberg (https://www.baden-wuerttemberg.datenschutz.de)).

The controller (Art.13 (1) a GDPR)

Board of management: Dr. Marc Kemmler, Dipl.-Kaufmann Kurt Binder, Betriebswirt (VWA) Markus Reisch

KEMMLIT-Bauelemente GmbH

Maltschachstraße 37

D-72144 Dusslingen, Germany

Telephone: +49 (0)7072/131-0

Telefax +49(0)7072/131-150

E-mail info@kemmlit.de

Internet www.kemmlit.de

Data protection officer (Art. 13 (1) b) 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, Germany

North-Rhine Westphalia branch: Kampsweg 6, 53332 Bornheim, Germany

Tel.: +49 89 7167211-30

E-mail: dirk.fromm@ce21.de

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 transfer to us via e-mail or otherwise. We use your information to communicate with you about orders, products, services and offers. We also use them to update our data sets, to maintain and update your customer account with us and to recommend products to you that may interest you. We also use your data to prevent or uncover abuse, especially fraud.

Links to social networks

Links can be created from our website to Facebook, Instagram, Twitter, Pinterest, XING and LinkedIn accounts, to the YouTube channel and to the blog of KEMMLIT Bauelemente GmbH. In addition, the embedded map of Google Maps that shows the location of KEMMLIT Bauelemente GmbH contains a link with which visitors can sign up to their Google account to see a personalized map.

E-mail

We send out e-mails as part of the order and registration process. In addition, as described above, e-mail newsletters and catalogues as well as product information are dispatched for marketing purposes. The e-mail correspondence takes place via the unsecured Internet. We would like to point out that the Internet offers many attack hazards and that an absolute safe transmission cannot be guaranteed.

Links

Our website may contain advertising and links for which we are not responsible. We have no influence on their contents and on their operators complying with the data protection regulations. Please contact these companies directly for information about their data protection regulations.

Use of Cookies

We use cookies on various pages of our website to make the visit to our website attractive and to enable the use of specific functions. These are small text files that are stored on your computer. Most of the cookies used by us are deleted from the hard drive at the end of the browser session (so-called session cookies). Other cookies remain on your computer and allow us to recognize your computer at your next visit (persistent cookies). Our partner companies are not allowed to collect, process or use personal data via our website.

Additional functions and offers of our website

(1) In addition to the purely informative use of our website, we offer various services that you can use if you are interested. Usually this requires you entering additional personal data that we use to provide the concerned service and to which the above-mentioned principles of data processing apply.

(2) Sometimes we rely on external service providers to process your data. These were carefully selected and commissioned by us, are bound by our instructions and regularly controlled.

(3) Furthermore, we can transfer your personal data to third parties for participation in promotions, competitions, contracts or similar services offered by us in co-operation with partners. You will receive detailed information when you enter your personal data or below in the description of the offer.

(4) Insofar as our service providers or partners are headquartered outside the European Economic Area (EEA), we will inform you of the consequences of this fact in the description of the offer.

 

Google Analytics

This website Website uses Google Analytics, a web analysis service by Google Inc. ("Google"). Google Analytics uses so-called "Cookies", text files that are stored on your computer and that allow the analysis of your use of the website. The information regarding your use of this website are usually transferred to a server of Google in the USA and stored there. In case of the activation of IP anonymisation on this website however, Google will first shorten your IP address within member states of the European Union or in other states that participate in the agreement of the European Economic Area. Only in exceptional cases will the full IP address be transmitted to the USA and shortened there. Commissioned by the operator of this website, Google will use this information to evaluate your use of the website, to prepare reports about the website activities and to provide additional services to the website operator associated with the website use and Internet use. As confirmed by Google, the IP address transmitted from your browser by Google Analytics will not be linked to other Google data. 
You can prevent the storage of cookies by setting your browser software accordingly; however, we would like to inform you that in this case you may not be able to fully utilise all functions of this website. You can additionally prevent the collection of the data related to your use of the website generated by the cookie (incl. your IP address) to Google and processing of this data by Google by downloading and installing the browser plug-in available through the following link [insert link here. The current link is tools.google.com/dlpage/gaoptout.
By using this website you declare your consent to the processing of the data collected about you by Google in the manner and for the purpose described above.

Chat

On our website we offer the option of a live chat with our service staff. For this purpose, we use components from LiveZilla GmbH, Ekkehardstrasse 10, 78224 Singen, Germany. Upon each visit to our page, this component collects and stores data for web analysis and for operating the chat system from which, with the use of cookies, user profiles can be created under a pseudonym. These user profiles can support the analysis of visitors' behaviour and the operation of the live chat system. For more information about the handling of user data in the user help desk and the options for protecting your privacy, see the data protection declaration of LiveZilla: https://www.livezilla.net/disclaimer/de/

Rights of the data subject

 (1) Withdrawal of consent

If the processing of personal data are based on an issued consent, you have the right to withdraw your consent at any time. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal. You can contact us any time to exercise the the right of withdrawal.

(2) Right of confirmation

You have the right to obtain from the controller confirmation as to whether or not personal data concerning you are being processed by us. You can ask for this confirmation at any time from the contact data above.

(3) Access right

If personal data are processed, you can request at any time access to the personal data and the following information:

a. the purposes of the processing;

b. the categories of personal data concerned;

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 organisations;

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 the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;

f. the right to lodge a complaint with a supervisory authority;

g. where the personal data are not collected from the data subject, any available information as to their source;

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 are transferred to a third country or an international organisation you have the right to be informed of the appropriate safeguards according to Article 46 GDPR in connection to the transfer. We provide you with a copy of the personal data that are the subject of processing. For all additional copies that you request we are entitled to ask for adequate renumeration based on the administrative costs. If you place the request electronically, the information must be provided in a standard electronic format unless stated otherwise. The right to receive a copy according to section 3 may not adversely affect the the rights and freedoms of other persons.

(4) Right to rectification

You have the right to obtain from the controller without undue delay the rectification of inaccurate personal data. 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 shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

a. the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

b. The data subject withdraws consent on which the processing is based according to Article 6 (1) a, or Article 9 (2) a 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 have been unlawfully processed.

e. The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.

f. The personal data have been collected in relation to the offer of information society services referred to in 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") shall not apply to the extent that processing is necessary:

– for exercising the right of 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 of Article 9 (2) h and i as well as 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) 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 establishment, exercise or defence of legal claims.

(6) Right to restriction of processing

You have the right to obtain from the controller restriction of processing where one of the following applies:

a. The accuracy of the personal data are 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 defence 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 under the above requirements, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence 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 exercise the right to restriction of processing, the data subject can contact us an any time under the above-stated contact data.

(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:

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; and

b. the processing is carried out by automated means

In exercising your 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 to object

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 Article 6 (1) e or f 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 defence 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 shall no longer be processed for such purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her 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 your personal data 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 by contacting the concerned responsible person.

(9) Automated individual decision-making, 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 shall not apply if the decision:

a. is necessary for entering into, or performance of, a contract between the data subject and a data controller,

b. is authorised 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. is based on the data subject’s explicit consent.

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 by contacting the concerned responsible person.

(10) Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if 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 non-judicial 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 glad to assist you with any additional data protection questions. Just send an e-mail to info@kemmlit.de.