THIS IS A TRANSLATION OF THE ORIGINAL GERMAN PRIVACY STATEMENT. IN CASE OF ANY DISCREPANCIES, THE GERMAN VERSION SHALL BE BINDING.
Name and contact details of the controller pursuant to Art. 4 Para. 7 GDPR
Kelviplast GmbH & Co. KG
D - 63589 Linsengericht
Phone: +49(0)6051 9665-0
Fax: +49(0)6051 9665-65
Security and protection of your personal data
We regard it as our primary task to maintain the confidentiality of any personal data you provide and to protect them from unauthorized access. Therefore, we make every effort and use the latest security standards to guarantee maximum protection of your personal data. As a private company, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the regulations of the German Data Protection Act (BDSG). We have taken the necessary technical and organizational measures to guarantee that data protection regulations will be complied with, not only by us but also by our external service providers.
- Personal data “Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”); identifiable is any natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of this natural person.
- Processing “Processing” means any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
- Restriction of processing “Restriction of processing” means the marking of stored personal data with the aim of limiting their processing in the future.
- Profiling “Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
- Pseudonymization “Pseudonymization” means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data cannot be attributed to an identified or identifiable natural person.
- Filing system “Filing system” means any structured set of personal data which are accessible according to specific criteria, whether centralized, decentralized, or dispersed on a functional or geographical basis.
- Controller “Controller” means the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
- Processor “Processor” means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.
- Recipient “Recipient” means a natural or legal person, public authority, agency, or another body to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
- Third party “Third party” means a natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
- Consent “Consent” of the data subject means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which he or she, by a statement or any other clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
Lawfulness of processing
The processing of personal data shall be lawful only if there is a legal basis for it. In accordance with Art. 6 Para. 1(a – f) GDPR, legal basis for processing can be the following circumstances:
- (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.
Information on the collection of personal data
(1) In the following, we will inform you on the collection of personal data when using our website. Personal data include, for instance, your name, address, email addresses, and user behavior.
(2) When contacting us via email or a contact form, the data you provide (your email address, possibly your name, and your phone number) will be stored by us to answer to your questions. The data collected in this context shall be deleted by us as soon as their storage is no longer necessary, or their processing shall be restricted in case of a statutory requirement to preserve records.
Collection of personal data upon visiting our website If you only use our website for informational purposes, i.e., if you do not register or otherwise provide information to us, we shall only collect the personal data transmitted to our server by your browser. If you wish to view our website, we collect the following data that are necessary to us from a technical perspective in order to display our website correctly and to guarantee its stability and security (legal basis is the first sentence of Art. 6 Para. 1(f) GDPR):
- IP address
- Date and time of the request
- Time zone difference to Greenwich Mean Time (GMT)
- Contents of the request (specific page)
- Access status/HTTP status code
- Respective volume of the data transferred
- Website sending the request
- Operating system and its interface
- Language and version of the browser software.
Usage of cookies
(1) When using our website, additional cookies relating to the aforementioned data will be stored on your computer. Cookies are small text files that are stored on your hard drive, can be associated with the browser you use, and provide specific information to their originator. Cookies cannot run programs or place viruses on your computer. They serve to enhance the user-friendliness and efficiency of the overall Internet offering.
(2) This website uses the following types of cookies, the scope and functionalities of which will be described below:
- Transient cookies (see a.)
- Persistent cookies (see b.)
- (a.) Transient cookies will be deleted automatically when you close your browser. In particular, transient cookies include “session cookies”. These cookies store a so-called session ID that allows for different requests of your browser to be associated with the same session. Thereby, your computer can be recognized when you return to our website. Session cookies will be deleted as soon as you log out or close your browser.
- (b.) Persistent cookies will be deleted automatically after a specified period of time that can vary from cookie to cookie. You can delete the cookies in your browser’s security settings at any time.
- (c.) You can configure your browser settings according to your wishes and decline the acceptance of so-called “third-party cookies” or all cookies, for instance. So-called “third-party cookies” are set by a third party and not by the actual website you are viewing. We wish to point out that by deactivating cookies you may not be able to use all functions of this website.
Further functions and offerings of our website
(1) In addition to the purely informational usage of our website, we offer different services you might be interested in. In order to use them, you will generally have to submit further personal data that we use to perform the respective service. These data are subject to the aforementioned principles of data processing.
(2) We engage external service providers to process part of your data. These service providers have been carefully selected and assigned by us, are bound by our instructions, and controlled at regular intervals.
(3) Furthermore, we may forward your personal data to third parties in case we offer sale actions, raffles, contract conclusions, or similar services in conjunction with partners. You will receive further information upon entering your personal data or in the offer description below.
(4) Where our service providers or partners are registered in a country outside the European Economic Area (EEA), we shall inform you on the consequences of this circumstance in the offer description.
Rights of the data subject
(1) Withdrawal of consent
If personal data are processed on the basis of a given consent, you shall have the right to withdraw your consent at any time. This withdrawal of consent shall not affect the consent-based lawfulness of processing before its withdrawal. Feel free to contact us at any time if you wish to assert your right of withdrawal.
(2) Right to confirmation
You shall have the right to obtain from the controller confirmation as to whether or not your personal data are being processed. You can request this confirmation at any time using the contact details stated above.
(3) Right of access
If personal data are being processed, you shall have the right to obtain access to these personal data at any time. We inform you on a cost-free basis once every year; any further disclosure will be invoiced with €30. You can request the following information:
- (a.) the purposes of the processing;
- (b.) the categories of personal data concerned;
- (c.) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
- (d.) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- (e.) the existence of 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 Art. 22 Para. 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.
Where personal data are transferred to a third country or to an international organization, you shall have the right to be informed of the appropriate safeguards pursuant to Art. 46 GDPR relating to the transfer. We shall provide a copy of the personal data undergoing processing. For any further copies you request, we may charge a reasonable fee based on administrative costs. If you make the request by electronic means, and unless otherwise requested, the information shall be provided in a commonly used electronic form. The right to obtain a copy referred to in Para. 3 shall not adversely affect the rights and freedoms of others.
(4) Right to rectification
You shall have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning your person. Taking into account the purposes of the processing, you shall 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 shall have the right to obtain from the controller the erasure of personal data concerning your person 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 of Art. 6 Para. 1(a), or Art. 9 Para. 2(a) GDPR, and where there is no other legal ground for the processing;
- (c.) the data subject objects to the processing pursuant to Art. 21 Para. 1 GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 Para. 2;
- (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 Art. 8 Para. 1 GDPR.
Where the controller has made the personal data public and is obliged pursuant to Para. 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 points (h) and (i) of Art. 9 Para. 2 as well as Art. 9 Para. 3 GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Art. 89 Para. 1 GDPR in so far as the right referred to in Para. 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or for the establishment, exercise, or defense of legal claims.
(6) Right to restriction of processing
You shall have the right to obtain from us restriction of processing your personal data where one of the following applies:
- (a.) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
- (b.) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
- (c.) the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise, or defense of legal claims;
- (d.) the data subject has objected to processing pursuant to Art. 21 Para. 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 aforementioned conditions, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise, or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
To assert the right to restriction of processing, a data subject can contact us at any time using the contact details stated above.
(7) Right to data portability
You shall have the right to receive the personal data concerning your person, which you have provided to us, in a structured, commonly used, and machine-readable format and 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 Art. 6 Para. 1(a) or of Art. 9 Para. 2(a), or on a contract pursuant to Art. 6 Para. 1(b) GDPR; and
- (b.) the processing is carried out by automated means.
In exercising your right to data portability pursuant to Para. 1, you shall 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 shall be without prejudice to the right of erasure (“right to be forgotten”). That right shall not apply to processing 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 shall have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data which is based on point (e) or (f) of Art. 6 Para. 1 GDPR, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject or for the establishment, exercise, or defense of legal claims.
Where personal data are processed for direct marketing purposes, you shall have the right to object at any time to processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where you object to processing for direct marketing purposes, your 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, you may exercise your right to object by automated means using technical specifications.
Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89 Para. 1, you, on grounds relating to your particular situation, shall have the right to object to processing of your personal data, unless the processing is necessary for the performance of a task carried out for reasons of public interest. You can exercise your right to object at any time by contacting the respective controller.
(9) Automated individual decision-making, including profiling
You shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning your person 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 the controller;
- (b.) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or
- (c.) 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 at any time by contacting the respective controller.
(10) Right to lodge a complaint with a supervisory authority
Moreover, without prejudice to any other administrative or judicial remedy, you shall 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 you consider that the processing of your personal data 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 Art. 77 GDPR, you shall have the right to an effective judicial remedy where 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.
Use of Google Analytics
(1) This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses “Cookies”; text files which are stored on your computer to enable your use of the website to be analysed. The information generated by the cookie concerning your use of this website is generally transmitted to a Google server in the USA where it is stored. If IP anonymisation is activated on this website, however, your IP address will be truncated by Google within member states of the European Union, or other signatory states of the Agreement of the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA where it will be truncated. Google will use this information on the behalf of the operator of this website to analyse your use of the website, to compile reports on website activities, and to render other services associated with website use and Internet use to the website operator.
(2) The IP address transmitted by your browser as part of Google Analytics will not be linked to other Google data.
(3) You can prevent the saving of cookies by configuring your browser software accordingly; however, we advise you that this may result in you being unable to make full use of all the functions of this website. You can also prevent the information generated by the cookie and related to your use of the website being gathered and processed by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=en.