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Data protection declaration Heinrich Klenk GmbH & Co. KG

 

I. Name and address of the person responsible

The person responsible within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:

 

HEINRICH KLENK GMBH & CO. KG

Aschenhof 35

D-97525 Schwebheim

Tel.: +49 (0) 9723 / 609 0

 

II. General information on data processing

1. Scope of processing of personal data

In principle, we only process personal data of our users to the extent that this is necessary to provide a functional website and our content and services. The processing of our users' personal data regularly only takes place with the user's consent. An exception applies in cases in which obtaining prior consent is not possible for actual reasons and the processing of the data is permitted by legal regulations.

 

2. Legal basis for processing personal data

To the extent that we obtain the consent of the data subject for processing personal data, Article 6 Paragraph 1 Letter a of the EU General Data Protection Regulation (GDPR) serves as the legal basis.

When processing personal data that is necessary to fulfill a contract to which the data subject is a party, Art. 6 Para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.

If 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 the 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 protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 Para. 1 lit. f GDPR serves as the legal basis for the processing.

 

3. Data deletion and storage period

The personal data of the data subject will be deleted or blocked as soon as the purpose of storage no longer applies. Storage can also take place if this has been provided for by the European or national legislator in EU regulations, laws or other regulations to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data to conclude or fulfill a contract.

 

III. Provision of the website and creation of log files

1. Description and scope of data processing

Every time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.

The following data is collected:

 

(1)    Information about the browser type and version used

(2)    The user’s operating system

(3)    The user’s Internet service provider

(4)    The user’s IP address

(5)    Date and time of access

(6)    Browsing and clickstream activities

(7)    Screen resolution

(8)    Language and keyboard settings

(9)    Internet provider

(10)    Referral/Exit Pages

 

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 data processing

The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. To do this, the user's IP address must remain stored for the duration of the session.

The data is stored in log files to ensure the functionality of the website. The data also serves us to optimize the website and to ensure the security of our information technology systems. The data will not be evaluated for marketing purposes 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 it is no longer required to achieve the purpose for which it was collected. If the data is collected to provide the website, this is the case when the respective session has ended.

If the data is stored in log files, this is the case after seven days at the latest. Storage beyond this is possible. In this case, the users' IP addresses are deleted or altered so that it is no longer possible to assign the calling client.

 

5. Possibility of objection and removal

The collection of data to provide the website and the storage of the data in log files is absolutely necessary for the operation of the website. There is therefore no possibility for the user to object.

 

IV. Use of cookies

a) 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. When a user accesses a website, a cookie can be stored on the user's operating system. This cookie contains a characteristic string that allows the browser to be uniquely identified when the website is accessed again.

 

We use cookies to make our website more user-friendly. Some elements of our website require that the accessing browser can be identified even after a page change.

The following data is stored and transmitted in the cookies:

The following is a list of the stored data:

(1)    Language settings

(2)    Log-In Information

 

b) Legal basis for data processing

The legal basis for the processing of personal data using technically necessary cookies is Art. 6 Para. 1 lit. f GDPR. The legal basis for the processing of personal data using cookies for analysis purposes, if the user has given his consent, is Art. 6 Para. 1 lit. a GDPR.

 

c) Purpose of data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For this 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.

These purposes also include our legitimate interest in the processing of personal data in accordance with Art. 6 Para. 1 lit. f GDPR.

 

d) Duration of storage, possibility of objection and removal

Cookies are stored on the user's computer and transmitted to our site by the user. Therefore, as a user, you also 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. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to fully use all functions of the website.

 

You can find a detailed list of all cookies used here.

 

 

V. Newsletter

1. Description and scope of data processing

You can subscribe to a free newsletter on our website. When you register for the newsletter, the data from the input mask is transmitted to us.

 

The following data is also collected when registering:

(1)    IP address of the accessing computer

(2)    Date and time of registration

Your consent will be obtained for the processing of data as part of the registration process.

 

In connection with data processing for sending newsletters, the data will not be passed on to third parties. The data is used exclusively for sending the newsletter.

 

2. Legal basis for data processing

The legal basis for processing the data after the user has registered for the newsletter, provided the user has given his consent, is Art. 6 Para. 1 lit. a GDPR.

 

3. Purpose of data processing

The purpose of collecting the user's email address is to deliver the newsletter.

The collection of other personal data as part of the registration process serves to prevent misuse of the services or the email address used.

 

4. Duration of storage

The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. The user's email address is therefore stored as long as the subscription to the newsletter is active.

The other personal data collected as part of the registration process is usually deleted after a period of seven days.

 

5. Possibility of objection and removal

The subscription to the newsletter can be canceled by the affected user at any time. For this purpose, there is a corresponding link in every newsletter.

This also makes it possible to revoke your consent to the storage of personal data collected during the registration process.

 

VI. Contact form and email contact

1. Description and scope of data processing

There is a contact form on our website that can be used to contact us electronically. If a user takes advantage of this option, the data entered in the input mask will be transmitted to us and stored. This data is:

(1)    Name of the user

(2)    Email address of the user

(3)    User data upload

 

At the time the message is sent, the following data is also stored:

(1)    The user’s IP address

(2)    Date and time of registration

Your consent will be obtained for the processing of the data as part of the sending process and reference will be made to this data protection declaration.

 

Alternatively, you can contact us using the email address provided. In this case, the user's personal data transmitted with the email will be stored.

In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.

 

2. Legal basis for data processing

The legal basis for processing 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 email is Art. 6 Para. 1 lit. f GDPR. If the email contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 Para. 1 lit. b GDPR.

 

3. Purpose of data processing

We process the personal data from the input mask solely to process the contact. If you contact us via email, this also represents the necessary legitimate interest in processing 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 it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those that were sent by email, this is the case when the respective conversation with the user has ended. The conversation ends when it can be seen from the circumstances that the matter in question has been finally clarified.

 

5. Possibility of objection and removal

The user has the option to revoke his consent to the processing of personal data at any time. If the user contacts us by email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot continue.

In this case, all personal data that was stored in the course of contacting you will be deleted.

 

VII. Integration of third-party services and content

Our offering sometimes includes content, services and benefits from other providers. These are, for example, maps provided by Google Maps, videos from YouTube and graphics and images from other websites. In order for this data to be accessed and displayed in the user's browser, the transmission of the IP address is absolutely necessary. The providers (hereinafter referred to as “third-party providers”) perceive the IP address of the respective user.

Even if we try to only use third-party providers who only need the IP address to be able to deliver content, we have no influence on whether the IP address may be stored. In this case, this process serves, among other things, statistical purposes. If we are aware that the IP address is being stored, we will inform our users of this.

 

 

VIII. Google Analytics

This website uses functions of the web analysis service Google Analytics. The provider is Google Inc., 1600 Amphitheater Parkway Mountain View, CA 94043, USA.

 

Google Analytics uses so-called “cookies”. These are text files that are stored on your computer and enable your use of the website to be analyzed. 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.

 

1. IP anonymization

We have activated the IP anonymization function on this website. This means that your IP address will be shortened by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area before it is transmitted to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics is not merged with other Google data.

 

2. Browser plugin

You can prevent the storage of cookies by setting your browser software accordingly; However, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. 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 the browser plug-in available under the following link and install: https://tools.google.com/dlpage/gaoptout?hl=de

 

3. Objection to data collection

You can prevent Google Analytics from collecting your data by clicking on the following link. An opt-out cookie will be set to prevent your data from being collected on future visits to this website: deactivate Google Analytics

 

You can find more information about how Google Analytics handles user data in Google's privacy policy: https://support.google.com/analytics/answer/6004245?hl=de

 

4. Order data processing

We have concluded a data processing contract with Google and fully implement the strict requirements of the German data protection authorities when using Google Analytics.

 

5. Demographic characteristics in Google Analytics

This website uses the “demographic characteristics” function of Google Analytics. This allows reports to be created that contain information about the age, gender and interests of site visitors. This data comes from interest-based advertising from Google and third-party visitor data. This data cannot be assigned to a specific person. You can deactivate this function at any time via the ad settings in your Google account or generally prohibit the collection of your data by Google Analytics as described in the section “Objection to data collection”.

 

IX. Facebook plugins (Like button)

Plugins from the social network Facebook, provider Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA, are integrated into our pages. You can recognize the Facebook plugins by the Facebook logo or the “Like” button on our site. You can find an overview of the Facebook plugins here: https://developers.facebook.com/docs/plugins/.

 

When you visit our pages, the plugin establishes a direct connection between your browser and the Facebook server. Facebook thereby receives the information that you have visited our site with your IP address. If you click the Facebook “Like” button while you are logged into your Facebook account, you can link the content of our pages to your Facebook profile. This allows Facebook to assign your visit to our pages to your user account. We would like to point out that as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by Facebook. Further information can be found in Facebook's data protection declaration at https://de-de.facebook.com/policy.php.

 

If you do not want Facebook to be able to assign your visit to our pages to your Facebook user account, please log out of your Facebook user account.

 

X Twitter

Functions of the Twitter service are integrated on our sites. These functions are offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. By using Twitter and the “Re-Tweet” function, the websites you visit are linked to your Twitter account and made known to other users. This data is also transmitted to Twitter. We would like to point out that as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by Twitter. Further information can be found in Twitter's privacy policy at https://twitter.com/privacy.

 

You can change your privacy settings on Twitter in the account settings at: https://twitter.com/account/settings.

 

XI. Google+

Our pages use functions from Google+. The provider is Google Inc., 1600 Amphitheater Parkway Mountain View, CA 94043, USA.

 

Collection and sharing of information: You can use the Google+ button to publish information worldwide. You and other users receive information via the Google+ button

personalized content from Google and our partners. Google stores both the information that you gave +1 to a piece of content and information about the page you viewed when you clicked +1. Your +1 can be displayed as information along with your profile name and your photo in Google services, such as in search results or in your Google profile, or elsewhere on websites and advertisements on the Internet.

 

Google records information about your +1 activities to improve Google services for you and others. In order to use the Google+ button, you need a globally visible, public Google profile, which must contain at least the name chosen for the profile. This name is used across all Google services. In some cases, this name may also replace another name you used when sharing content through your Google Account. The identity of your Google profile may be displayed to users who know your email address or have other identifying information about you.

 

Use of the information collected: In addition to the purposes explained above, the information you provide will be used in accordance with the applicable Google data protection regulations. Google may publish aggregated statistics about users' +1 activities or pass them on to users and partners, such as publishers, advertisers or affiliated websites.

 

 

XII. Rights of the data subject

If your personal data is processed, you are the data subject within the meaning of the GDPR and you have the following rights towards the person responsible:

 

1. Right to information

You can request confirmation from the person responsible as to whether personal data concerning you is being processed by us.

If such processing occurs, you can request information from the person responsible about the following information:

(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 have been or will be disclosed;

(4)    the planned duration of storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;

(5)    the existence of a right to rectification or deletion of personal data concerning you, a right to restrict processing by the controller or a right to object to this processing;

(6)    the existence of a right to lodge a complaint with 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 automated decision-making including profiling in accordance with Article 22 Paragraphs 1 and 4 GDPR and - at least in these cases - meaningful information about the logic involved as well as the scope and intended effects of such processing for the data subject.

You have the right to request information as to whether the personal data concerning you will be transferred to a third country or to an international organization. In this context, you can request to be informed about the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.

 

 

2. Right to rectification

You have the right to request correction and/or completion from the person responsible if the personal data processed concerning you is incorrect or incomplete. The person responsible must make the correction immediately.

 

3. Right to restriction of processing

You can request the restriction of the processing of personal data concerning you under the following conditions:

(1)    if you contest the accuracy of the personal data relating to you for a period enabling the controller to verify the accuracy of the personal data;

(2)    the processing is unlawful and you refuse the deletion of the personal data and instead request the restriction of the use of the personal data;

(3)    the person responsible no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or

(4)    if you have lodged an objection to the processing in accordance with Article 21 Para. 1 GDPR and it is not yet clear whether the legitimate reasons of the person responsible outweigh your reasons.

If the processing of personal data concerning you has been restricted, this data - apart from its storage - may only be used with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.

If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the person responsible before the restriction is lifted.

 

4. Right to deletion

a)    Obligation to delete

You can request that the person responsible delete the personal data concerning you immediately, and the person responsible is obliged to delete this 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 in accordance with Article 6 Paragraph 1 Letter a or Article 9 Paragraph 2 Letter a GDPR and there is no other legal basis for the processing.

(3)    You object to the processing in accordance with Art. 21 Para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you object to the processing in accordance with Art. 21 Para. 2 GDPR.

(4)    The personal data concerning you has been processed unlawfully.

(5)    The deletion of personal data concerning you is necessary to fulfill 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 was collected in relation to information society services offered in accordance with Art. 8 Para. 1 GDPR.

b)    Information to third parties

If the person responsible has made the personal data concerning you public and is obliged to delete it in accordance with Article 17 Para. 1 GDPR, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to ensure that the person responsible for data processing to inform those processing the personal data that you, as the data subject, have requested them to delete all links to that personal data or copies or replications of that personal data.

c)    Exceptions

There is no right to deletion if processing is necessary

(1)    to exercise the right to freedom of expression and information;

(2)    to fulfill a legal obligation requiring processing under Union or Member State law to which the controller is subject, or to carry out a task carried out in the public interest or in the exercise of official authority vested in the controller became;

(3)    for reasons of public interest in the field of public health in accordance with Article 9 Paragraph 2 Letters h and i and Article 9 Paragraph 3 GDPR;

(4)    for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes in accordance with Article 89 Para. 1 GDPR, insofar as the law referred to in section a) is likely to make the achievement of the objectives of this processing impossible or seriously impair it, or

(5)    to assert, exercise or defend legal claims.

 

5. Right to information

If you have asserted the right to rectification, deletion or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or deletion of the data or restriction of processing, unless: this turns out to be impossible or involves disproportionate effort.

You have the right to be informed about these recipients by the person responsible.

 

 

6. Right to data portability

You have the right to receive the personal data concerning you that you have provided to the person responsible in a structured, common and machine-readable format. You also have the right to transmit this data to another person responsible without hindrance from the person responsible to whom the personal data was provided, provided that

(1)    the processing is based on consent in accordance with Art. 6 Para. 1 lit. a GDPR or Art. 9 Para. 2 lit. a GDPR or on a contract in accordance with Art. 6 Para

(2)    processing takes place using automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another controller, to the extent that this is technically feasible. The freedoms and rights of other people must not be impaired by this.

The right to data portability does not apply to processing of personal data 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.

 

7. Right to object

You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data, which is carried out on the basis of Article 6 (1) (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 can demonstrate compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If your personal data is processed for the purpose of direct advertising, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; This also applies to profiling insofar as it is connected to such direct advertising.

If you object to processing for direct advertising purposes, your personal data will no longer be processed for these purposes.

In connection with the use of information society services - regardless of Directive 2002/58/EC - you have the opportunity to exercise your right to object using automated procedures that use 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. The revocation of consent does not affect the lawfulness of the processing carried out based on the consent before its revocation.

 

9. Automated decision-making 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

(1)    is necessary for the conclusion or fulfillment of a contract between you and the person responsible,

(2)    is permitted by Union or Member State law to which the controller is subject and such law contains appropriate measures to safeguard your rights and freedoms and your legitimate interests or

(3)    with your express consent.

However, these decisions may not be based on special categories of personal data according to Art. 9 Para. 1 GDPR, unless Art. 9 Para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests .

With regard to the cases mentioned in (1) and (3), the controller shall take appropriate measures to protect the rights and freedoms as well as your legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express one's own point of view and heard to challenge the decision.

 

10. 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 of your residence, place of work or the place of the alleged infringement, if you are of the opinion that the processing of personal data concerning you is contrary to violates the GDPR.

The supervisory authority to which the complaint was submitted will inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy in accordance with Art. 78 GDPR.

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