We are very pleased that you are interested in our company. Data protection is a matter of particularly high priority for the management of K&K Kommunikationssysteme GmbH. The websites of K&K Kommunikationssysteme GmbH can generally be used without providing any personal data. However, if a data subject wishes to use special services offered by our company via our website, the processing of personal data may 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, is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection provisions applicable to K&K Kommunikationssysteme GmbH. By means of 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, this privacy policy informs data subjects of the rights to which they are entitled.
As the controller, K&K Kommunikationssysteme GmbH has implemented numerous technical and organisational measures to ensure the most complete protection possible of the personal data processed via this website. Nevertheless, Internet-based data transmissions can in principle have security gaps, so that 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 K&K Kommunikationssysteme GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
In this privacy policy we use, among others, the following terms:
· 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
Data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.
· c) Processing
Processing is any operation or set of operations which is performed on 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 is the marking of stored personal data with the aim of limiting its 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 is 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 is not attributed to an identified or identifiable natural person.
· g) Controller or controller responsible for the processing
Controller or controller responsible for the processing is 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 is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
· i) Recipient
Recipient is a natural or legal person, public authority, agency or another body to which the personal data is 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 is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or processor, are authorised to process personal data.
· k) Consent
Consent is 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 within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:
K&K Kommunikationssysteme GmbH
Haunstetter Straße 19
86161 Augsburg
Germany
Phone: 0821660990
Email: info@rapidnet.de
Website: https://www.exklusiv.de/
3. Cookies
The websites of K&K Kommunikationssysteme GmbH use cookies. Cookies are text files that are placed and stored on a computer system via an Internet browser.
Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string by which websites and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognised and identified by means of the unique cookie ID.
Through the use of cookies, K&K Kommunikationssysteme GmbH can provide the users of this website with more user-friendly services that would not be possible without the setting of cookies
By means of a cookie, the information and offers on our website can be optimised in the interests of the user. As already mentioned, cookies enable us to recognise the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter their access data each time they visit the website, because this is taken care of by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping basket in an online shop. The online shop remembers the items a customer has placed in the virtual shopping basket by means of a cookie.
The data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting in the Internet browser used, and thereby permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.
4. Collection of general data and information
The website of K&K Kommunikationssysteme GmbH collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server log files. The following may be collected: (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 referrer), (4) the sub-pages 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, K&K Kommunikationssysteme GmbH does not draw any conclusions about the data subject. Rather, this information is needed in order to (1) deliver the content of our website correctly, (2) optimise the content of our website and the advertising for it, (3) ensure the long-term functioning of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by K&K Kommunikationssysteme GmbH both statistically and with the aim of increasing data protection and data security in our company, in order ultimately to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files is stored separately from all personal data provided by a data subject.
5. Contact options via the website
Due to legal requirements, the website of K&K Kommunikationssysteme GmbH contains information that enables quick electronic contact with our company as well as direct communication with us, which also includes a general address for so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject is stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the controller is stored for the purpose of processing or contacting the data subject. This personal data is not passed on to third parties.
6. Routine erasure and blocking of personal data
The controller processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of storage, or insofar as this is provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.
If the purpose of storage no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or erased in accordance with the statutory provisions.
7. 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 is being processed. If a data subject wishes to exercise this right to confirmation, he or she may contact an employee of the controller at any time.
· b) Right of access
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller, free of charge and at any time, information about the personal data stored about him or her and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:
o the purposes of the processing
o the categories of personal data concerned
o the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organisations
o where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
o 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
o the existence of the right to lodge a complaint with a supervisory authority
o where the personal data is not collected from the data subject: any available information as to its source
o the existence of automated decision-making, including profiling, referred to in Art. 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject
Furthermore, the data subject has the right to obtain information as to whether personal data is transferred to a third country or to an international organisation. Where this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right of access, he or she may contact an employee of the controller at any time.
· c) Right to rectification
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject also has the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may contact an employee of the controller at any time.
· d) Right to erasure (right to be forgotten)
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and insofar as the processing is not necessary:
o The personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
o The data subject withdraws the consent on which the processing is based pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and there is no other legal basis for the processing.
o The data subject objects to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) GDPR.
o The personal data has been unlawfully processed.
o The personal data must be erased for compliance with a legal obligation under Union or Member State law to which the controller is subject.
o The personal data was collected in relation to the offer of information society services referred to in Art. 8(1) GDPR.
If one of the above grounds applies and a data subject wishes to request the erasure of personal data stored by K&K Kommunikationssysteme GmbH, he or she may contact an employee of the controller at any time. The employee of K&K Kommunikationssysteme GmbH will ensure that the erasure request is complied with without undue delay.
Where K&K Kommunikationssysteme GmbH has made personal data public and our company, as the controller, is obliged pursuant to Art. 17(1) GDPR to erase the personal data, K&K Kommunikationssysteme GmbH, taking account of available technology and the cost of implementation, will take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the erasure by those other controllers of any links to, or copies or replications of, that personal data, insofar as the processing is not necessary. The employee of K&K Kommunikationssysteme GmbH will arrange the necessary measures in individual cases.
· e) Right to restriction of processing
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
o 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.
o The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of its use instead.
o The controller no longer needs the personal data for the purposes of the processing, but it is required by the data subject for the establishment, exercise or defence of legal claims.
o The data subject has objected to processing pursuant to Art. 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by K&K Kommunikationssysteme GmbH, he or she may contact an employee of the controller at any time. The employee of K&K Kommunikationssysteme GmbH will arrange the restriction of processing.
· f) Right to data portability
Every data subject affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit that data to another controller without hindrance from the controller to which the personal data was provided, where the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(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 his or her right to data portability pursuant to Art. 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided this does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may contact an employee of K&K Kommunikationssysteme GmbH at any time.
· g) Right to object
Every data subject affected by the processing of personal data has the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time to the processing of personal data concerning him or her which is based on Art. 6(1)(e) or (f) GDPR. This also applies to profiling based on those provisions.
In the event of an objection, K&K Kommunikationssysteme GmbH will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the establishment, exercise or defence of legal claims.
Where K&K Kommunikationssysteme GmbH processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning him or her 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 K&K Kommunikationssysteme GmbH to processing for direct marketing purposes, K&K Kommunikationssysteme GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to the processing of personal data concerning him or her which is carried out by K&K Kommunikationssysteme GmbH for scientific or historical research purposes or for statistical purposes pursuant to Art. 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may directly contact any employee of K&K Kommunikationssysteme GmbH 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 his or her right to object by automated means using technical specifications.
· h) Automated individual decision-making, including profiling
Every data subject affected by the processing of personal data has the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is not 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 not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is based on the data subject’s explicit consent, K&K Kommunikationssysteme GmbH will 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.
If the data subject wishes to exercise rights concerning automated decision-making, he or she may contact an employee of the controller at any time.
· i) Right to withdraw consent under data protection law
Every data subject affected by the processing of personal data has the right granted by the European legislator to withdraw his or her consent to the processing of personal data at any time.
If the data subject wishes to exercise the right to withdraw consent, he or she may contact an employee of the controller at any time.
8. Data protection provisions on the use of functions of the Amazon Partner Programme
As a participant in the Amazon Partner Programme, the controller has integrated Amazon components on this website. The Amazon components were designed by Amazon with the aim of referring customers, via advertisements, to various websites of the Amazon Group, in particular Amazon.co.uk, Local.Amazon.co.uk, Amazon.de, BuyVIP.com, Amazon.fr, Amazon.it and Amazon.es. BuyVIP.com, in return for the payment of a commission. By using the Amazon components, the controller can generate advertising revenue.
The operating company of these Amazon components is Amazon EU S.à.r.l, 5 Rue Plaetis, L-2338 Luxembourg, Luxembourg.
Amazon sets a cookie on the information technology system of the data subject. What cookies are has already been explained above. Each time one of the individual pages of this website operated by the controller on which an Amazon component has been integrated is accessed, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Amazon component to transmit data to Amazon for the purposes of online advertising and the settlement of commissions. In the course of this technical procedure, Amazon obtains knowledge of personal data that Amazon uses to trace the origin of orders received by Amazon and subsequently to enable commission settlement. Among other things, Amazon can establish that the data subject has clicked on a partner link on our website.
As already described above, the data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting in the Internet browser used, and thereby permanently object to the setting of cookies. Such a setting in the Internet browser used would also prevent Amazon from setting a cookie on the information technology system of the data subject. In addition, cookies already set by Amazon can be deleted at any time via an Internet browser or other software programs.
Further information and Amazon’s applicable data protection provisions can be found at https://www.amazon.de/gp/help/customer/display.html?nodeId=3312401.
9. Data protection provisions on the use of Google Analytics (with anonymisation function)
The controller has integrated the Google Analytics component (with anonymisation 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. Among other things, a web analytics service collects data on the website from which a data subject came to a website (so-called referrer), which sub-pages of the website were accessed, or how often and for how long a sub-page was viewed. Web analytics is mainly used to optimise a website and to carry out a cost-benefit analysis of Internet advertising.
The operating company of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The controller uses the extension “_gat._anonymizeIp” for web analytics via Google Analytics. By means of this extension, the IP address of the data subject’s Internet connection is truncated and anonymised by Google if our websites are accessed 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 analyse visitor flows on our website. Among other things, Google uses the data and information obtained to evaluate the use of our website, to compile online reports for us showing the activities on our websites, and to provide other services relating to the use of our website.
Google Analytics sets 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 analyse the use of our website. Each time one of the individual pages of this website operated by the controller on which a Google Analytics component has been integrated is accessed, 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 obtains 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.
The cookie is used to store personal information, such as the time of access, the location from which the access originated and the frequency of visits to our website by the data subject. Each time our websites are visited, this 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 procedure to third parties.
As already described above, the data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting in the Internet browser used, and thereby permanently object to the setting of cookies. Such a setting in 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 option of objecting to and preventing the collection of data generated by Google Analytics relating to the use of this website, as well as the processing of this data by Google. To do so, the data subject must download and install a browser add-on from the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information about visits to websites may be transmitted to Google Analytics. The installation of the browser add-on is regarded by Google as an objection. If the data subject’s information technology system is later deleted, formatted or reinstalled, the data subject must reinstall the browser add-on in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or by another person within his or her sphere of control, it is possible to reinstall or reactivate the browser add-on.
Further information and Google’s applicable data protection provisions can be found at https://www.google.de/intl/de/policies/privacy/ and at http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail at this link https://www.google.com/intl/de_de/analytics/.
10. Legal basis for the processing
Art. 6(1)(a) GDPR serves our company as the legal basis 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 party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of any other service or consideration, the processing is based on Art. 6(1)(b) GDPR. The same applies to processing operations that are necessary for carrying out pre-contractual measures, for example in the case of enquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6(1)(c) GDPR. In rare cases, the processing of personal data may become necessary in order to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured on our premises and his or her name, age, health insurance details or other vital information had to be passed on to a doctor, a hospital or other third parties. The processing would then be based on Art. 6(1)(d) GDPR. Finally, processing operations could be based on Art. 6(1)(f) GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, provided that the interests, fundamental rights and fundamental freedoms of the data subject do not override them. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, sentence 2, GDPR).
11. Legitimate interests in the processing pursued by the controller or by a third party
Where the processing of personal data is based on Art. 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.
12. Period for which the personal data is stored
The criterion for the duration of storage of personal data is the respective statutory retention period. Once the period has expired, the corresponding data is routinely erased, provided it is no longer required for the performance or initiation of a contract.
13. Statutory or contractual requirements to provide personal data; necessity for the conclusion of a contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We would like to inform you that the provision of personal data is in some cases required by law (e.g. tax regulations) or may also result from contractual provisions (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 which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data when our company concludes a contract with him or her. Failure to provide 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 inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of failing to provide the personal data would be.
14. Existence of automated decision-making
As a responsible company, we do not use automated decision-making or profiling.
This privacy policy was generated by the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as external data protection officer, in cooperation with the data protection lawyers of the law firm WILDE BEUGER SOLMECKE | Rechtsanwälte.
This translation is provided for information only. The German version is legally binding. Deutsche Fassung