Data protection

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Data protection

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Privacy policy

Klaeser takes the protection and security of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations.

I. Name and address of the controller

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

Klaeser Internationale Fachspedition und Fahrzeugbau GmbH
Hohewardstrasse 333 – 335
45699 Herten
Germany
Phone: +49 (0)2366 187-0
E-mail:
Website: https://www.klaeser.de

Management:
Ms. Kerstin Klaeser / Mr. Sascha Zöffel

II. Name and address of the data protection officer

The data protection officer of the controller is
Great Oak Datenschutz GmbH & Co KG
Ruhrstrasse 16
59955 Winterberg
Germany
Phone: +49 (0)2985 9999690
E-mail:
Website: https://www.great-oak-datenschutz.de

III General information on data processing

1. scope of the processing of personal data

We only process the personal data of users of our websites to the extent that this is necessary to provide a functional website and for our content and services. We make every effort to store your personal data in such a way that it is not accessible to third parties by taking appropriate technical and organizational measures.

Our employees and the service companies commissioned by us are obliged to maintain confidentiality and to comply with the provisions of the applicable data protection regulations.

The processing of personal data of our users takes place regularly only with the consent of the user. An exception applies in cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by law.

2. legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) as the legal basis.

In the processing of personal data necessary for the performance of a contract to which the data subject is party, Art. 6 para. 1 lit. b GDPR as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.

Insofar as the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR as the legal basis.

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 GDPR as the legal basis.

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

3. data deletion and storage duration

The personal data of the data subject will be deleted or blocked as soon as the purpose of storage no longer applies. Data may also be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.

IV. Provision of the website and creation of log files

1. description and scope of data processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer. The following data is collected:

  • Information about the browser type and version used
  • The user’s operating system
  • The user’s internet service provider
  • The IP address of the user
  • Date and time of access
  • Websites from which the user’s system accesses our website
  • Websites that are accessed by the user’s system via our website

The data is stored in the log files of our system. This data is not stored together with other personal data of the user.

2. legal basis for data processing

The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GDPR.

3. purpose of data processing

Our website serves to provide information to our customers and employees, to acquire new customers and to transmit information to interested parties.

Temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.

Storage in log files takes place to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems, including the assertion, exercise or defence of legal claims in court in the event of misuse.

The data is not analyzed for marketing purposes in this context. These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f GDPR.

4. duration of storage

The data will be deleted as soon as it is no longer required for the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended. If the data is stored in log files, it is deleted after 7 days.

5. possibility of objection and removal

The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility for the user to object.

6. recipient of the data

Access to the content of our website and to the log files is possible at any time by our contract service providers commissioned with the development and maintenance of the website and the web hosting.

Development and maintenance of the website:
SION DESIGN
Klosterstraße 22
40211 Düsseldorf
siondesign.de

Webhosting:
ALL-INKL.COM – Neue Medien Münnich
Owner: René Münnich
Main street 68
02742 Friedersdorf
all-inkl.com

There is an agreement with the service providers for order processing in accordance with Art. 28 GDPR.

V. Use of cookies

No cookies are currently set on our website.

VI Contact forms and e-mail contact

1. description and scope of data processing

Contact forms are available on our website (Contact page and Freight inquiry page), which can be used to contact us or for freight inquiries for the preparation of a non-binding offer. If a user makes use of this option, the data entered in the input mask will be transmitted to us and stored. This concerns the following data:

  • Contact form: Name (mandatory field), e-mail address (mandatory field), telephone number (optional), subject (mandatory field), your message (mandatory field)
  • Freight request form: Freight details, transport from zip code / city / country (mandatory field), transport to zip code / city / country (mandatory field), trade or product name of the goods (mandatory field), freight weight in kg or l (mandatory field), frequency of transports (optional), possibility to upload a safety data sheet, personal details, company (mandatory field), telephone (mandatory field), title, first name / surname (mandatory field), street / house number (optional), zip code / city (optional)

The following data is also stored at the time the message is sent: IP address of the user, date and time of registration. Before sending the data, you must give your consent to the processing of the data. In this context, you will be informed of the data processing as well as your right of revocation and this data protection information. You give your consent by activating the corresponding checkbox. The message cannot be sent without this activation.

2. legal basis for data processing

The legal basis for the processing of data from the contact form is Art. 6 para. 1 lit. a GDPR (consent of the data subject). The legal basis for the processing of data from the freight inquiry form is Art. 6 para. 1 lit b GDPR (implementation of pre-contractual measures taken at the request of the data subject).

The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f GDPR. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.

3. purpose of data processing

The processing of the personal data from the input mask of our contact form or the freight inquiry form serves us solely to process your request. If you contact us by e-mail, we have a legitimate interest in processing the data in order to deal with your request. The other personal data processed during the sending process is used to prevent misuse of the contact form and to ensure the security of our information technology systems.

4. duration of storage

Data sent by e-mail will be stored for as long as is necessary to process the request or due to statutory retention periods. If there are no statutory retention periods, e-mails will be deleted when the purpose of their processing no longer applies.

Data transmitted via the contact form will be deleted after 6 months or prematurely if consent is withdrawn. If a conversation lasts longer than 6 months, the data will be deleted as soon as it is no longer required. Data transmitted via the freight request form will be deleted after expiry of the statutory retention periods. The additional personal data collected during the sending process (log entries) will be deleted after a period of seven days at the latest.

5. possibility of objection and removal

The user has the option to revoke their consent to the processing of personal data at any time. If the user contacts us by e-mail, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued. All personal data stored in the course of contacting us will be deleted in this case.

VII. Web analysis

Our website does not currently contain a tool for analyzing the surfing behavior of our users, such as Google Analytics.

VIII Presence in social networks (social media)

We maintain online presences within social networks and process user data in this context in order to communicate with the users active there or to offer information about us. We would like to point out that user data may be processed outside the European Union. This may result in risks for users because, for example, it could make it more difficult to enforce users’ rights.

Furthermore, user data within social networks is generally processed for market research and advertising purposes. For example, user profiles can be created based on user behavior and the resulting interests of users. The usage profiles can in turn be used, for example, to place advertisements within and outside the networks that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the user’s computer, in which the user’s usage behavior and interests are stored. Furthermore, data can also be stored in the user profiles independently of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).

For a detailed description of the respective forms of processing and the opt-out options, please refer to the data protection declarations and information provided by the operators of the respective networks. In the case of requests for information and the assertion of data subject rights, we would also like to point out that these can be asserted most effectively with the providers. Only the providers have access to the users’ data and can take appropriate measures and provide information directly. If you still need help, you can contact us.

  • Processed data types: Contact data (e.g. e-mail, telephone numbers); Content data (e.g. entries in online forms); Usage data (e.g. websites visited, interest in content, access times);
    Meta/communication data (e.g. device information, IP addresses).
  • Data subjects: Users (e.g. website visitors, users of online services).
  • Purposes of processing: Contact requests and communication; feedback (e.g. collecting feedback via online form); marketing and advertising purposes.
  • Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR).

Further information on processing operations, procedures and services:

Instagram: Social network;

  • Service provider: Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin
    2, Ireland;
  • Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR);
  • Website: https://www.instagram.com;
  • Privacy policy: https://instagram.com/about/legal/privacy.

LinkedIn: Social network;

  • Service provider: Linkedin Ireland Unlimited Company, Wilton Plaza Wilton Place, Dublin 2, Ireland;
  • Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR);
  • Website: https://www.linkedin.com;
  • Privacy policy: https://www.linkedin.com/legal/privacy-policy;
  • Data processing agreement: https://legal.linkedin.com/dpa;
  • Standard contractual clauses (guaranteeing the level of data protection for processing in third countries):
    https://legal.linkedin.com/dpa;
  • Option to object (opt-out): https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.

 

IX. Friendly Captcha (bot/spam protection)

Our website uses the “Friendly Captcha” service.

This service is provided by Friendly Captcha GmbH, Am Anger 3-5, 82237 Wörthsee, Germany.

Friendly Captcha is an innovative, data protection-friendly protection solution to make it more difficult for automated programs and scripts (so-called “bots”) to use our website.

For this purpose, we have integrated a program code from Friendly Captcha into our website, for example for contact forms, so that the visitor’s end device can establish a connection to the Friendly Captcha servers in order to receive a calculation task from Friendly Captcha. The visitor’s end device solves the calculation task, which takes up certain system resources, and sends the calculation result to our web server. This contacts the Friendly Captcha server via an interface and receives an answer as to whether the puzzle has been solved correctly by the end device. Depending on the result, we can assign security rules to requests via our website and, for example, process or reject them.

  • The data is used exclusively to protect against spam and bots as described above.
  • Friendly Captcha does not set or read any cookies on the visitor’s end device.
  • IP addresses are only stored in hashed, i.e. one-way encrypted form and do not allow us or Friendly Captcha to draw any conclusions about an individual person.
  • If personal data is stored, this data will be deleted within 30 days.

The legal basis for the processing is our legitimate interest in protecting our website from abusive access by bots, i.e. spam protection and protection against attacks such as mass requests), Article 6 paragraph 1 lit. f(DS-GVO)

Further information on data protection when using Friendly Captcha

 

X. Rights of the data subject

1. right to information

You can request confirmation from the controller (see Section I.) as to whether personal data concerning you is being processed. If such processing has taken place, you can request the following information from the controller:

  • the purposes for which the personal data are processed;
  • the categories of personal data that are processed;
  • the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
  • the planned duration of storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the duration of storage;
  • the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
  • the existence of a right of appeal to a supervisory authority;
  • all available information on the origin of the data if the personal data are not collected from the data subject;
  • the existence of automated decision-making, including profiling, in accordance with Art. 22 para. 1 and 4 GDPR and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.

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

2. right to rectification

You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you is incorrect or incomplete. The controller must make the correction immediately.

3. right to restriction of processing

You may request the restriction of the processing of your personal data under the following conditions:

  • if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
  • the processing is unlawful and you oppose the erasure of the personal data and request 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 you for the establishment, exercise or defense of legal claims, or
  • if you object to the processing pursuant to Art. 21 para. 1 GDPR and it has not yet been established whether the legitimate reasons of the controller outweigh your reasons.

If the processing of personal data concerning you has been restricted, such data may only be processed – apart from being stored – with your 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. If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

4. right to erasure

a) Obligation to delete
You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

  • The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
  • You revoke your consent on which the processing is based in accordance with. Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR and there is no other legal basis for the processing.
  • You create acc. Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 6(1) GDPR. Art. 21 para. 2 GDPR to object to the processing.
  • The personal data concerning you has been processed unlawfully.
  • The deletion of personal data concerning you is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.
  • The personal data concerning you have been collected in relation to the offer of information society services referred to in Art. 8 (1) GDPR. 1 GDPR collected.

b) Information to third parties
If the controller has made the personal data concerning you public and is obliged to do so in accordance with Art. Art. 17 para. Where the controller has made the personal data public and is obliged pursuant to Article 1 GDPR 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 you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

c) Exceptions
The right to erasure does not exist if the processing is necessary

  • to exercise the right to 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 pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;
  • for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes in accordance with Art. 6 para. 1 lit. a GDPR. Art. 89 para. 1 GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
  • for the assertion, exercise or defense of legal claims.

5. right to information

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients by the controller.

6. right to data portability

You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, where

  • the processing is based on consent pursuant to Art. Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. Art. 6 para. 1 lit. b GDPR is based and
  • the processing is carried out using automated procedures.

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

The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. right of objection

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Article 6 (1) GDPR. 1 lit. e or f GDPR; this also applies to profiling based on these provisions.

The controller will no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.

If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing.

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

Notwithstanding Directive 2002/58/EC, you have the option of exercising your right to object in connection with the use of information society services by means of automated procedures using technical specifications.

8. right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

9. automated decision-making in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

  • is necessary for the conclusion or performance of a contract between you and the controller,
  • is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
  • with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place. In the cases referred to in (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.

10. right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

The supervisory authority with which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

The following supervisory authority is responsible for the operator of this website: State Commissioner for Data Protection and Freedom of Information North Rhine-Westphalia, PO Box 200444, 40102 Düsseldorf, telephone: 0211/38424-0, fax: 0211/38424-10, e-mail:

Other data protection information in accordance with Art. 13 GDPR

The contractor for the proper performance of inspections such as exhaust emission tests (AU) and/or safety tests (SP) in our vehicle workshop in Herten is the Federal Guild Association of the Motor Vehicle Trade (BIV), which operates a quality management system in accordance with the requirements of DIN EN ISO/IEC 17020.

The data protection information for customers of Klaeser is not applicable to the processing of personal data within the scope of this activity. The data protection information for BIV customers applies to these inspections.

Below we explain what information we collect during your visit to our website and how it is used.