Privacy Policy

We are very pleased about your interest in our company. Data protection is of particular importance to the management of Kessens GmbH & Co.KG. It is generally possible to use the websites of Kessens GmbH & Co.KG without providing any personal data. Should a data subject wish to make use of special services offered by our company via our website, the processing of personal data may, however, become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, email address, or telephone number of a data subject, always takes place in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection regulations applicable to Kessens GmbH & Co.KG. Through this privacy policy, our company wishes to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed of their rights by means of this privacy policy.

As the controller, Kessens GmbH & Co.KG has implemented numerous technical and organizational measures to ensure the most complete protection possible of personal data processed through this website. Nevertheless, internet-based data transmissions can fundamentally have security vulnerabilities, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example, by telephone.

1. Definitions

The privacy policy of Kessens GmbH & Co.KG is based on the terms used by the European legislator when enacting the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for both the public and our customers and business partners. To ensure this, we would like to explain the terms used in advance.

Among other things, we use the following terms in this privacy policy:

• a) Personal data

  Personal data means any information relating to an identified or identifiable natural person (hereinafter “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.

• b) Data subject

  A data subject is any identified or identifiable natural person whose personal data is processed by the controller.

• c) Processing

  Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

• d) Restriction of processing

  Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.

• e) 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 analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

• f) Pseudonymisation

  Pseudonymisation 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 organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

• g) Controller or controller for the processing

  Controller or controller for the processing 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.

• h) Processor

  Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

• i) 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.

• j) 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 authorised to process personal data.

• k) Consent

  Consent means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and Address of the Controller

The controller in the sense of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions with a data protection character is:

Kessens GmbH & Co.KG

Unnerweg 84

49688 Lastrup

Germany

Tel.: +49 4472 940090

Email: kessens@kessens-technik.de

Website: www.kessens-technik.de

3. Collection of General Data and Information

The website of Kessens GmbH & Co.KG collects a series of general data and information with each call-up of the website by a data subject or an automated system. This general data and information are stored in the server’s log files. Collected data may include (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.

When using this general data and information, Kessens GmbH & Co.KG does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack. Therefore, Kessens GmbH & Co.KG evaluates this anonymously collected data and information statistically and with the aim of increasing data protection and data security in our company, to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

4. Routine Erasure and Blocking of Personal Data

The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject.

If the storage purpose no longer applies, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or erased in accordance with legal provisions.

5. Rights of the Data Subject

• a) Right to confirmation

  Every data subject has the right granted by the European legislator to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact an employee of the controller.

• b) Right of access

  Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain free information from the controller about the personal data stored about him or her at any time and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:

  • the purposes of the processing
  • the categories of personal data concerned
  • 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 organisations
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
  • the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing concerning the data subject or to object to such processing
  • the right to lodge a complaint with a supervisory authority
  • where the personal data are not collected from the data subject, any available information as to their source
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the 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

  Furthermore, the data subject has the right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

  If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact an employee of the controller.

• c) Right to rectification

  Every person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to demand the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to demand the completion of incomplete personal data — including by means of a supplementary declaration.

  If a data subject wishes to exercise this right to rectification, they can contact an employee of the controller at any time.

• d) Right to erasure (right to be forgotten)

  Every person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to demand from the controller that personal data concerning them be erased without undue delay, provided that one of the following reasons applies and insofar as the processing is not necessary:

  • The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
  • The data subject withdraws their consent on which the processing was based according to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR, and there is no other legal basis for the processing.
  • 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 GDPR.
  • The personal data have been unlawfully processed.
  • The erasure of personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
  • The personal data have been collected in relation to the offer of information society services referred to in Art. 8 para. 1 GDPR.

  If one of the aforementioned reasons applies and a data subject wishes to request the erasure of personal data stored by Kessens GmbH & Co.KG, they can contact an employee of the controller at any time. The employee of Kessens GmbH & Co.KG will arrange for the erasure request to be complied with without undue delay.

  If the personal data have been made public by Kessens GmbH & Co.KG and our company, as the controller, is obliged to erase the personal data pursuant to Art. 17 para. 1 GDPR, Kessens GmbH & Co.KG shall take reasonable steps, including technical measures, taking into account available technology and the costs of implementation, to inform other controllers processing the published personal data that the data subject has requested the erasure by such other controllers of any links to, or copy or replication of, those personal data, insofar as processing is not required. The employee of Kessens GmbH & Co.KG will arrange the necessary measures in individual cases.

• e) Right to restriction of processing

  Every person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to demand from the controller the restriction of processing if one of the following conditions applies:

  • 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.
  • The processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
  • 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.
  • The data subject has objected to processing pursuant to Art. 21 para. 1 GDPR, and it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.

  If one of the aforementioned conditions is met and a data subject wishes to request the restriction of personal data stored by Kessens GmbH & Co.KG, they can contact an employee of the controller at any time. The employee of Kessens GmbH & Co.KG will arrange for the restriction of processing.

• f) Right to data portability

  Every person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

  Furthermore, in exercising their right to data portability pursuant to Art. 20 para. 1 GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and where this does not adversely affect the rights and freedoms of others.

  To assert the right to data portability, the data subject can contact an employee of Kessens GmbH & Co.KG at any time.

• g) Right to object

  Every person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to object, on grounds relating to their particular situation, at any time to processing of personal data concerning them which is based on Art. 6 para. 1 lit. e or f GDPR. This also applies to profiling based on these provisions.

  Kessens GmbH & Co.KG shall no longer process the personal data in the event of an objection, unless we can demonstrate 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.

  If Kessens GmbH & Co.KG processes personal data for direct marketing purposes, the data subject has the right to object at any time to processing of personal data concerning them for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Kessens GmbH & Co.KG to the processing for direct marketing purposes, Kessens GmbH & Co.KG will no longer process the personal data for these purposes.

  Furthermore, the data subject has the right, on grounds relating to their particular situation, to object to processing of personal data concerning them carried out by Kessens GmbH & Co.KG for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

  To exercise the right to object, the data subject can directly contact any employee of Kessens GmbH & Co.KG or another employee. The data subject is also free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.

• h) Automated individual decision-making, including profiling

  Every person affected by the processing of personal data has the right granted by the European legislator of directives and regulations not to be subject to a decision based solely on automated processing — including profiling — which produces legal effects concerning them or similarly significantly affects them, provided that the decision (1) is not necessary for entering into, or performance of, a contract between the data subject and a controller, or (2) 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 (3) is based on the data subject’s explicit consent.

  If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and a controller, or (2) is based on the data subject’s explicit consent, Kessens GmbH & Co.KG 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 their point of view and to contest the decision.

  If the data subject wishes to assert rights relating to automated decisions, they can contact an employee of the controller at any time.

• i) Right to withdraw data protection consent

  Every person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to withdraw consent to the processing of personal data at any time.

  If the data subject wishes to assert their right to withdraw consent, they can contact an employee of the controller at any time.

6. Data Protection Provisions for the Use of Google Analytics (with anonymization function)

The controller has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analytics service. Web analytics is the collection, gathering, and evaluation of data about the behaviour of visitors to websites. A web analytics service collects, among other things, data about from which website a data subject has come to a website (so-called referrers), which subpages of the website were accessed, or how often and for what duration a subpage was viewed. Web analytics is predominantly used for the optimization of a website and for the cost-benefit analysis of internet advertising.

The operating company of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

The controller uses the add-on “_gat._anonymizeIp” for web analysis via Google Analytics. By means of this add-on, the IP address of the data subject’s internet connection is truncated and anonymized by Google if access to our websites occurs from a Member State of the European Union or from another contracting state to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyze the visitor traffic on our website. Google uses the data and information obtained, among other things, to evaluate the use of our website, to compile online reports for us that show the activities on our websites, and to provide other services related to the use of our website.

Google Analytics places a cookie on the information technology system of the data subject. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this website, which is operated by the controller and on which a Google Analytics component has been integrated, the internet browser on the information technology system of the data subject is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. In the course of this technical procedure, Google gains knowledge of personal data, such as the IP address of the data subject, which Google uses, among other things, to trace the origin of visitors and clicks and subsequently to enable commission settlements.

By means of the cookie, personal information, for example, the access time, the location from which an access originated, and the frequency of visits to our website by the data subject, is stored. With each visit to our websites, these personal data, including the IP address of the internet connection used by the data subject, are transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.

The data subject can prevent the setting of cookies by our website, as already described above, at any time by means of a corresponding setting of the internet browser used and thus permanently object to the setting of cookies. Such a setting of the internet browser used would also prevent Google from setting a cookie on the information technology system of the data subject. In addition, a cookie already set by Google Analytics can be deleted at any time via the internet browser or other software programs.

Furthermore, the data subject has the possibility to object to and prevent the collection of data generated by Google Analytics relating to the use of this website and the processing of this data by Google. To do this, the data subject must download and install a browser add-on under the link tools.google.com/dlpage/gaoptout. This browser add-on tells Google Analytics via JavaScript that no data and information about website visits may be transmitted to Google Analytics. The installation of the browser add-on is considered an objection by Google. If the data subject’s information technology system is later deleted, formatted, or reinstalled, the data subject must reinstall the browser add-on to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person attributable to their sphere of influence, it is possible to reinstall or reactivate the browser add-on.

Further information and Google’s applicable data protection regulations can be accessed at www.google.de/intl/de/policies/privacy/ and at www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail under this link www.google.com/intl/de_de/analytics/.

7. Data Protection Provisions for the Use of Google AdWords

The controller has integrated Google AdWords on this website. Google AdWords is an internet advertising service that allows advertisers to place ads both in Google’s search engine results and in the Google advertising network. Google AdWords enables an advertiser to pre-define certain keywords by means of which an ad is displayed in Google’s search engine results only when the user retrieves a keyword-relevant search result with the search engine. In the Google advertising network, ads are distributed on topic-relevant websites by means of an automatic algorithm and taking into account the previously defined keywords.

The operating company of Google AdWords services is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

The purpose of Google AdWords is the promotion of our website by displaying interest-relevant advertising on third-party websites and in the search engine results of the Google search engine, and the display of third-party advertising on our website.

If a data subject accesses our website via a Google advertisement, Google places a so-called conversion cookie on the data subject’s information technology system. What cookies are has already been explained above. A conversion cookie loses its validity after thirty days and is not used to identify the data subject. The conversion cookie, provided it has not yet expired, tracks whether certain sub-pages, such as the shopping cart of an online shop system, have been accessed on our website. Through the conversion cookie, both we and Google can determine whether a data subject who has reached our website via an AdWords advertisement has generated revenue, i.e., completed or abandoned a purchase.

The data and information collected through the use of the conversion cookie are used by Google to generate visitor statistics for our website. These visitor statistics are, in turn, used by us to determine the total number of users who were referred to us via AdWords advertisements, i.e., to ascertain the success or failure of the respective AdWords advertisement and to optimize our AdWords advertisements for the future. Neither our company nor other Google AdWords advertisers receive information from Google by which the data subject could be identified.

Personal information, such as the websites visited by the data subject, is stored by means of the conversion cookie. Accordingly, with each visit to our website, personal data, including the IP address of the internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected via the technical process to third parties.

The data subject can prevent the setting of cookies by our website at any time, as described above, by means of a corresponding setting of the internet browser used and thus permanently object to the setting of cookies. Such a setting of the internet browser used would also prevent Google from setting a conversion cookie on the data subject’s information technology system. In addition, a cookie already set by Google AdWords can be deleted at any time via the internet browser or other software programs.

Furthermore, the data subject has the option to object to interest-based advertising by Google. To do this, the data subject must access the link www.google.de/settings/ads from each internet browser they use and make the desired settings there.

Further information and Google’s applicable data protection regulations can be found at www.google.de/intl/de/policies/privacy/.

8. Legal basis for processing

Art. 6 I lit. a GDPR serves as the legal basis for our company for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations that are necessary for carrying out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation by which the processing of personal data becomes necessary, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may become necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data, or other vital information had to be passed on to a doctor, hospital, or other third parties. Then the processing would be based on Art. 6 I lit. d GDPR. Finally, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary for the protection of a legitimate interest of our company or a third party, provided that the interests, fundamental rights, and freedoms of the data subject do not override them. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, he was of the opinion that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR).

9. Legitimate interests in processing pursued by the controller or a third party

If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the conduct of our business for the well-being of all our employees and shareholders.

10. Period for which personal data will be stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After the expiry of the period, the corresponding data is routinely deleted, provided it is no longer necessary for contract fulfillment or contract initiation.

11. Statutory or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision

We inform you that the provision of personal data is partly required by law (e.g., tax regulations) or may also result from contractual regulations (e.g., information on the contractual partner). Sometimes it may be necessary for the conclusion of a contract that a data subject provides us with personal data that subsequently must be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Non-provision of the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact one of our employees. Our employee will clarify to the data subject on a case-by-case basis whether the provision of the personal data is legally or contractually required or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what consequences the non-provision of the personal data would have.

12. Existence of automated decision-making

As a responsible company, we refrain from automated decision-making or profiling.

Developed by the LegalTech specialists from Willing & Able, who also developed the system for data protection-compliant leave and time tracking. The texts of the Privacy Policy Generator were created and published by Prof. Dr. h.c. Heiko Jonny Maniero and lawyer Christian Solmecke.