Name / Fa .: Kimex GmbH
Road no .: Dickenhoopsweg 10
Postal code, City: 31535 Neustadt am Rübenberge, Germany
Commercial Register / No .: HRB 110739
Managing Director: Herbert Olason
Telephone number: 0049 (0) 5034 - 870144
E-Mail address: firstname.lastname@example.org
Data protection officer:
Name: Jesse-Marvin Wiebe
Road no .: Dickenhoopsweg 10
Postal code, City: 31535 Neustadt am Rübenberge, Germany
Telephone number: 0049 (0) 5034 - 870144
E-Mail address: email@example.com
Types of processed data:
Note text: Please select the applicable data types, delete those that do not, or supplement them with your own information. The explanations in the parentheses are for illustrative purposes only and may be amended or deleted.
- Inventory data (e.g., names, addresses).
- Contact information (e.g., e-mail, phone numbers).
- Content data (e.g., text input, photographs, videos).
- Contract data (for example, subject matter, term, customer category).
- Payment details (e.g., bank details, payment history).
- Usage data (e.g., websites visited, interest in content, access times).
- Meta / communication data (e.g., device information, IP addresses).
Processing of special categories of data (Article 9 (1) GDPR):
Note text: Please select whether and, if so, which categories of particular types of personal data will be processed. This includes data on: racial and ethnic origin, political opinions, religious or ideological beliefs, trade union affiliation, genetic data, biometric data for unambiguous identification of a natural person, health data, sex life or sexual orientation data:
In principle, no special categories of data are processed unless they are sent by the users to the processing, e.g. entered in online forms.
The following special categories of data are processed: <Free input>
Categories of data subjects:
Customers / prospects / suppliers, as well as visitors and users of the online offer.
In the following, we also refer to the persons concerned as "users".
Purpose of processing:
Note: Please select the appropriate purposes of processing, delete those that do not, or supplement them with your own information.
- Providing the online offer, its contents and functions.
- Provision of contractual services, service and customer care.
- Answering contact requests and communicating with users.
- Marketing, Advertising and Market Research.
- Security measures.
As of: 18.05.2018
1. Relevant legal bases
In accordance with Art. 13 GDPR, we inform you about the legal basis of our data processing. Unless the legal basis in the data protection declaration is mentioned, the following applies: The legal basis for obtaining consent is Article 6 (1) lit. a and Art. 7 DSGVO, the legal basis for the processing for the performance of our services and the execution of contractual measures as well as the response to inquiries is Art. 6 (1) lit. b DSGVO, the legal basis for processing in order to fulfill our legal obligations is Art. 6 (1) lit. c DSGVO, and the legal basis for processing in order to safeguard our legitimate interests is Article 6 (1) lit. f DSGVO. 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 DSGVO as legal basis.
3. Security measures
We take appropriate technical measures in accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the different likelihood and severity of the risk to the rights and freedoms of natural persons and organizational measures to ensure a level of protection appropriate to the risk; Measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as their access, input, disclosure, availability and separation. In addition, we have established procedures that ensure the enjoyment of data subject rights, data erasure and data vulnerability. Furthermore, we consider the protection of personal data already in the development, or selection of hardware, software and procedures, according to the principle of data protection by technology design and by privacy-friendly default settings taken into account (Article 25 GDPR).
One of the security measures is the encrypted transfer of data between your browser and our server.
4. Cooperation with contract processors and third parties
If, in the context of our processing, we disclose data to other persons and companies (contract processors or third parties), transmit them to them or otherwise grant access to the data, this will only be done on the basis of a legal permission (eg if a transmission of the data to third parties, as required by payment service providers, pursuant to Art. 6 (1) (b) GDPR to fulfill the contract), you have consented to a legal obligation or based on our legitimate interests (eg the use of agents, webhosters, etc.).
If we commission third parties to process data on the basis of a so-called "contract processing contract", this is done on the basis of Art. 28 GDPR.
5. Transfers to third countries
If we process data in a third country (ie outside the European Union (EU) or the European Economic Area (EEA)) or in the context of the use of third party services or disclosure or transmission of data to third parties, this will only be done if it is to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only in the presence of the special conditions of Art. 44 et seq. DSGVO. That the processing is e.g. on the basis of specific guarantees, such as the officially recognized level of data protection (eg for the US through the Privacy Shield) or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").
6. Rights of the persons concerned
You have the right to ask for confirmation as to whether the data in question is being processed and for information about this data as well as for further information and a copy of the data in accordance with Art. 15 GDPR.
You have accordingly. Art. 16 DSGVO the right to demand the completion of the data concerning you or the correction of the incorrect data concerning you.
In accordance with Art. 17 GDPR, they have the right to demand that the relevant data be deleted immediately or, alternatively, to require a restriction of the processing of data in accordance with Art. 18 GDPR.
You have the right to demand that the data relating to you, which you have provided to us, be obtained in accordance with Art. 20 GDPR and request their transmission to other persons responsible.
You have gem. Art. 77 DSGVO the right to file a complaint with the competent supervisory authority.
7. Right of withdrawal
You have the right to grant consent in accordance with. Art. 7 para. 3 DSGVO with effect for the future.
8. Right of objection
You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection may in particular be made against processing for direct marketing purposes.
9. Cookies and Right to Oppose Direct Mail
10. Deletion of data
Germany: According to legal requirements, the storage takes place in particular for 6 years according to § 257 paragraph 1 HGB (trading books, inventories, opening balance sheets, annual accounts, trade letters, accounting documents, etc.) and for 10 years in accordance with § 147 Abs. 1 AO (books, records , Management reports, accounting documents, trade and business letters, documents relevant to taxation, etc.).
11. Provision of contractual services
We process inventory data (e.g., names and addresses as well as contact information of users), contract data (e.g., services used, names of contacts, payment information) for the purpose of fulfilling our contractual obligations and services in accordance with Art. Art. 6 para. 1 lit b. DSGVO. The entries marked as obligatory in online forms are required for the conclusion of the contract.
Users can optionally create a user account, in particular by being able to view their orders. As part of the registration, the necessary mandatory information will be communicated to the users. The user accounts are not public and can not be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their retention is for commercial or tax law reasons according to Art. 6 para. 1 lit. c DSGVO necessary. It is the responsibility of the users to secure their data upon termination before the end of the contract. We are entitled to irretrievably delete all user data stored during the term of the contract.
As part of the registration and re-registration as well as use of our online services, the IP address and the time of the respective user action will be saved. The storage is based on our legitimate interests, as well as the user's protection against misuse and other unauthorized use. A transfer of these data to third parties does not take place, unless it is necessary for the prosecution of our claims or there is a legal obligation in accordance with. Art. 6 para. 1 lit. c DSGVO.
We process usage data (e.g., the visited web pages of our online offering, interest in our products) and content data (e.g., entries in the contact form or user profile) for advertising purposes in a user profile to inform the user e.g. To display product instructions based on their previously used services.
The deletion takes place after expiry of legal warranty and comparable obligations, the necessity of keeping the data is checked every three years; in the case of legal archiving obligations, the deletion takes place after its expiry (end of commercial law (6 years) and tax law (10 years) retention obligation); Information in the customer account remains until its deletion.
12. Credit information
If we make an advance payment (for example, when purchasing on account), we reserve the right to obtain identity and credit information for the purpose of assessing the credit risk on the basis of mathematical-statistical procedures from specialized service providers (credit reporting agencies).
As part of the credit report, we transfer the following personal data of the customer to the following credit reporting agencies:
We process the information obtained by the credit reference agencies on the statistical probability of a default in the context of an appropriate discretionary decision on the establishment, implementation and termination of the contractual relationship. We reserve the right, in the case of a negative result of the credit check, to refuse payment on account or any other advance payment.
In accordance with Art. 22 GDPR, the decision as to whether we are making advance payments is made solely on the basis of an automated decision in individual cases, which our software carries out on the basis of the information provided by the credit reference agency.
If we obtain an explicit consent from you, the legal basis for the credit information and the transmission of the customer's data to the credit bureaus is the consent in accordance with. Art. 6 para. 1 lit. a, 7 DSGVO. If no consent is obtained, our legitimate interests in the reliability of their claim for payment are the legal basis. Art. 6 para. 1 lit. f. DSGVO.
When contacting us (via contact form or e-mail), the information provided by the user to process the contact request and its processing acc. Art. 6 para. 1 lit. b) DSGVO processed.
User information can be stored in our Customer Relationship Management System ("CRM System") or similar request organization.
We delete the requests, if they are no longer required. We check the necessity every two years; Inquiries from customers who have a customer account, we store permanently and refer to the deletion on the details of the customer account. In the case of legal archiving obligations, the deletion takes place after its expiry (end of commercial law (6 years) and tax law (10 years) retention obligation).
14. Comments and posts
If users leave comments or other contributions, their IP addresses are based on our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO stored for 7 days.
This is for our own safety, if someone leaves illegal content in comments and contributions (insults, prohibited political propaganda, etc.). In this case, we ourselves can be prosecuted for the comment or post and are therefore interested in the identity of the author.
15. Collection of access data and logfiles
Based on our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO Data on every access to the server on which this service is located (so-called server log files). The access data includes name of the retrieved web page, file, date and time of retrieval, amount of data transferred, message about successful retrieval, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider ,
Logfile information is stored for security purposes (for example, to investigate abusive or fraudulent activities) for a maximum of seven days and then deleted. Data whose further retention is required for evidential purposes shall be exempted from the cancellation until final clarification of the incident.
16. Online presence in social media
We maintain online presence within social networks and platforms in order to communicate with customers, prospects and users active there and to inform them about our services. When calling the respective networks and platforms, the terms and conditions and the data processing guidelines apply to their respective operators.
17. Cookies & reach measurement
Cookies are information transmitted from our web server or third-party web servers to users' web browsers and stored there for later retrieval. Cookies can be small files or other types of information storage.
We use "session cookies" that are only stored for the duration of the current visit to our online presence (for example, to enable the storage of your login status or the shopping cart function and thus the use of our online offer at all). In a session cookie, a randomly generated unique identification number is stored, a so-called session ID. In addition, a cookie contains information about its origin and the retention period. These cookies can not save any other data. Session cookies will be deleted if you have finished using our online offer and you have e.g. log out or close the browser.
If users do not want cookies stored on their computer, they will be asked to disable the option in their browser's system settings. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
18. Google Analytics
Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services related to the use of this online offer and the internet usage. In this case, pseudonymous usage profiles of the users can be created from the processed data.
We use Google Analytics to display advertisements displayed within Google and its affiliate advertising services, only those users who have shown an interest in our online offering or who have certain characteristics (eg interests in specific topics or products visited by them) Web pages) that we submit to Google (so-called "remarketing" or "Google Analytics audiences"). With Remarketing Audiences, we also want to make sure that our ads are in line with the potential interest of users and are not annoying.
We only use Google Analytics with activated IP anonymization. This means that the IP address of the users will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there.
The IP address submitted by the user's browser will not be merged with other data provided by Google. Users can prevent the storage of cookies by setting their browser software accordingly; Users may also prevent the collection by Google of the data generated by the cookie and related to their use of the online offer as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de
For more information about Google's data usage, hiring and opt-out options, please visit Google's websites: https://www.google.com/intl/de/policies/privacy/partners ("Google's use of your data when you use websites or apps Our Partners "), https://policies.google.com/technologies/ads (" Advertising Use of Data "), https://adssettings.google.com/authenticated (" Managing information Google uses to show you advertising ").
19. Facebook social plugins
Based on our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) f. DSGVO) we use social plugins ("plugins") of the social network facebook.com, which operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland ("Facebook"). The plugins can represent interaction elements or content (eg videos, graphics or text contributions) and can be recognized by one of the Facebook logos (white "f" on blue tile, the terms "Like", "Like" or a "thumbs up" sign ) or are marked with the addition "Facebook Social Plugin". The list and appearance of Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
Facebook is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
When a user invokes a feature of this online offering that includes such a plugin, their device establishes a direct connection to the Facebook servers. The content of the plugin is transmitted by Facebook directly to the device of the user and incorporated by him into the online offer. In the process, user profiles can be created from the processed data. We therefore have no influence on the amount of data that Facebook collects with the help of this plugin and therefore informs the users according to our knowledge.
By integrating the plugins, Facebook receives the information that a user has accessed the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his Facebook account. If users interact with the plugins, for example, press the Like button or leave a comment, the information is transmitted from your device directly to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will find out and save their IP address. According to Facebook, only an anonymous IP address is stored in Germany.
If a user is a Facebook member and does not want Facebook to collect data about him via this online offer and link it to his member data stored on Facebook, he must log out of Facebook and delete his cookies before using our online offer. Other settings and inconsistencies regarding the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US-American site http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/. The settings are platform independent, i. they are adopted for all devices, such as desktop computers or mobile devices.
With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures as well as your right of objection. By subscribing to our newsletter, you agree to the receipt and the procedures described.
Content of the newsletter: We send newsletters, e-mails and other electronic notifications with advertising information (hereinafter "newsletter") only with the consent of the recipient or a legal permission. Insofar as the contents of a newsletter are concretely described, they are authoritative for the consent of the users. Incidentally, our newsletters contain information about our products, offers, promotions and our company.
Double opt-in and logging: Registration for our newsletter is done in a so-called double-opt-in procedure. That After registration, you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that nobody can register with external e-mail addresses. The registration for the newsletter will be logged in order to prove the registration process according to the legal requirements. This includes the storage of the login and the confirmation time, as well as the IP address. Likewise, changes to your data stored with the shipping service provider will be logged.
Furthermore, the shipping service provider may, according to its own information, transmit these data in pseudonymous form, i. without assignment to a user, to optimize or improve their own services, e.g. for the technical optimization of the dispatch and the presentation of the newsletters or for statistical purposes, to determine from which countries the recipients come. However, the shipping service provider does not use the data of our newsletter recipients to write them down or to pass them on to third parties.
Credentials: To subscribe to the newsletter, it is sufficient to provide your e-mail address. Optionally, we ask you to give a name in the newsletter for personal address.
Germany: The sending of the newsletter and the measurement of success are based on the consent of the recipients acc. Art. 6 para. 1 lit. a, Art. 7 DSGVO in connection with § 7 Abs. 2 Nr. 3 UWG or on the basis of the legal permission according to Art. § 7 Abs. 3 UWG.
Austria: The dispatch of the newsletter and the success measurement are made on the basis of a consent of the recipients acc. Art. 6 para. 1 lit. a, Art. 7 DSGVO i.V.m. § 107 Abs. 2 TKG or on the basis of the legal permission acc. Section 107 (2) and the like 3 TKG.
The logging of the registration process is based on our legitimate interests in accordance with. Art. 6 para. 1 lit. f DSGVO and serves as proof of consent to the receipt of the newsletter.
Termination / Revocation - You may terminate the receipt of our newsletter at any time, ie. Revoke your consent. A link to cancel the newsletter can be found at the end of each newsletter. If the users have only subscribed to the newsletter and terminated this registration, their personal data will be deleted.
21. Integration of services and content of third parties
Based on our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) lit. DSGVO), we make use of content or services offered by third-party providers in order to provide their content and services Services, such as Include videos or fonts (collectively referred to as "content"). This always presupposes that the third-party providers of this content perceive the IP address of the users, since they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, also referred to as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may include, but is not limited to, technical information about the browser and operating system, referring web sites, visit time, and other information regarding the use of our online offer.
The following presentation provides an overview of third-party providers as well as their contents, as well as links to their data protection statements, which contain further information on the processing of data and, for already mentioned here, contradictory possibilities (so-called opt-out) contain:
- If our customers use the payment services of third parties (for example, PayPal or Sofortüberweisung), the terms and conditions and the privacy notices of the respective third party providers, which are retrievable within the respective websites, or transactional applications apply.