Data Protection

Privacy Policy

1. Data Protection at a Glance

General Information

The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is any data with which you can be personally identified. Detailed information on data protection can be found in the privacy policy set out below.

Data Collection on This Website

Who is responsible for data collection on this website?

Data processing on this website is carried out by the website operator. The operator’s contact details can be found in the section “Notice Concerning the Responsible Party” below.

How do we collect your data?

On the one hand, your data is collected when you provide it to us, e.g. by entering data into a contact form. Other data is collected automatically or after your consent by our IT systems when you visit the website. This is mainly technical data (e.g. internet browser, operating system or the time of page access). This data is collected automatically as soon as you enter this website.

Why do we use your data?

Part of the data is collected in order to ensure the error‑free provision of the website. Other data may be used to analyse your user behaviour. Where contracts can be concluded or initiated via the website, the transmitted data is also processed for quotations, orders or other contractual enquiries.

What rights do you have regarding your data?

You have the right at any time to obtain, free of charge, information about the origin, recipient and purpose of your stored personal data. You also have the right to request the rectification or erasure of this data. If you have given consent to data processing, you can withdraw this consent at any time with effect for the future. In addition, you have the right, under certain circumstances, to request the restriction of the processing of your personal data. Furthermore, you have the right to lodge a complaint with the competent supervisory authority. For this as well as for further questions on the subject of data protection, you can contact us at any time.

Analytics and Third‑Party Tools

When visiting this website, your surfing behaviour may be statistically evaluated. This is done mainly with analysis programmes. Detailed information on these analysis programmes can be found in the privacy policy below.

2. Hosting

External Hosting

This website is hosted externally. Personal data collected on this website is stored on the servers of the host provider(s). This may include, in particular, IP addresses, contact requests, meta and communication data, contract data, contact details, names, website accesses and other data generated via a website.

External hosting is carried out for the purpose of fulfilling contracts with our potential and existing customers (Art. 6 (1)(b) GDPR) and in the interest of a secure, fast and efficient provision of our online offering by a professional provider (Art. 6 (1)(f) GDPR). If consent has been requested, processing is carried out exclusively on the basis of Art. 6 (1)(a) GDPR and § 25 (1) German Telecommunications‑Digital‑Services Data Protection Act (TDDDG), insofar as the consent includes the storage of cookies or access to information on the user’s end device (e.g. device fingerprinting) within the meaning of the TDDDG. Consent can be withdrawn at any time.

Our host provider will process your data only to the extent necessary to fulfil its performance obligations and follow our instructions regarding this data.

We use the following host provider:

manitu GmbH
Welvertstraße 2
66606 St. Wendel
Germany

3. General Notes and Mandatory Information

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.

When you use this website, various personal data are collected. This privacy policy explains which data we collect and what we use it for. It also explains how and for what purpose this is done.

We point out that data transmission on the Internet (e.g. when communicating by e‑mail) can have security gaps. Complete protection of data from access by third parties is not possible.

Notice Concerning the Responsible Party

The responsible party (controller) for data processing on this website is:

Michael Kohl
Kissinger Straße 2
97779 Geroda
Germany
E‑mail: info@kohlmichael.com

The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (e.g. names, e‑mail addresses, etc.).

Storage Duration

Unless a more specific storage period is specified in this privacy policy, your personal data will remain with us until the purpose for data processing no longer applies. If you assert a justified request for erasure or revoke consent to data processing, your data will be erased provided we have no other legally permissible grounds for storing your personal data (e.g. tax or commercial law retention periods); in the latter case, the data will be erased after these grounds cease to apply.

General Information on the Legal Bases for Data Processing on This Website

If you have consented to data processing, we process your personal data on the basis of Art. 6 (1)(a) GDPR and Art. 9 (2)(a) GDPR if special categories of data under Art. 9 (1) GDPR are processed. In case of explicit consent to the transfer of personal data to third countries, processing is additionally based on Art. 49 (1)(a) GDPR. If you have consented to the storage of cookies or to access to information in your end device (e.g. via device fingerprinting), data processing is also based on § 25 (1) TDDDG. Consent can be withdrawn at any time. If your data is required for the performance of a contract or for pre‑contractual measures, we process your data on the basis of Art. 6 (1)(b) GDPR. Furthermore, we process your data if this is necessary to fulfil a legal obligation on the basis of Art. 6 (1)(c) GDPR. Data processing may also be based on our legitimate interest under Art. 6 (1)(f) GDPR. The relevant legal bases in each individual case are explained in the following sections of this privacy policy.

Recipients of Personal Data

In the course of our business activities, we work with various external bodies. In some cases, it is also necessary to transfer personal data to these external bodies. We only pass on personal data to external bodies if this is necessary in the context of contract fulfilment, if we are legally obliged to do so (e.g. transfer of data to tax authorities), if we have a legitimate interest pursuant to Art. 6 (1)(f) GDPR in the transfer, or if another legal basis permits the data transfer. When using processors, we only transfer personal data of our customers on the basis of a valid processing contract. In the case of joint processing, a joint processing agreement is concluded.

Withdrawal of Your Consent to Data Processing

Many data processing operations are only possible with your express consent. You can revoke consent that you have already given at any time. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

Right to Object to Data Collection in Special Cases and to Direct Advertising (Art. 21 GDPR)

IF DATA PROCESSING IS CARRIED OUT ON THE BASIS OF ART. 6 (1)(E) OR (F) GDPR, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME, FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION, TO THE PROCESSING OF YOUR PERSONAL DATA; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS OR THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE OR DEFENCE OF LEGAL CLAIMS (OBJECTION PURSUANT TO ART. 21 (1) GDPR).

WHERE YOUR PERSONAL DATA IS PROCESSED FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING, WHICH INCLUDES PROFILING TO THE EXTENT THAT IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL NO LONGER BE USED FOR DIRECT ADVERTISING PURPOSES (OBJECTION PURSUANT TO ART. 21 (2) GDPR).

Right to Lodge a Complaint with the Competent Supervisory Authority

In the event of breaches of the GDPR, data subjects shall have a right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, their place of work or the place of the alleged infringement. The right to lodge a complaint exists without prejudice to any other administrative or judicial remedy.

Right to Data Portability

You have the right to have data which we process on the basis of your consent or in fulfilment of a contract automatically delivered to you or to a third party in a common, machine‑readable format. If you request the direct transfer of the data to another controller, this will only be done insofar as it is technically feasible.

Access, Rectification and Erasure

Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, its origin and recipient and the purpose of the data processing and, if applicable, a right to rectification or erasure of this data. For this as well as for further questions on the subject of personal data, you can contact us at any time.

Right to Restriction of Processing

You have the right to request the restriction of processing of your personal data. You can contact us at any time for this purpose. The right to restriction of processing exists in the following cases:

If you contest the accuracy of your personal data stored by us, we usually need time to verify this. For the duration of the verification, you have the right to request the restriction of the processing of your personal data.
If the processing of your personal data was/is unlawful, you may request the restriction of data processing instead of erasure.
If we no longer need your personal data, but you need it to exercise, defend or assert legal claims, you have the right to request the restriction of processing of your personal data instead of erasure.
If you have filed an objection pursuant to Art. 21 (1) GDPR, a balance must be struck between your interests and ours. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, such data – apart from storage – may only be processed with your consent or for the establishment, exercise or defence 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 European Union or of a Member State.

SSL or TLS Encryption

For security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send to us as the site operator, this site uses SSL or TLS encryption. You can recognise an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line.

When SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Objection to Promotional E‑mails

The use of contact data published within the scope of the legal notice obligation for sending unsolicited advertising and information materials is hereby objected to. The operators of these pages expressly reserve the right to take legal action in the event of unsolicited sending of advertising information, such as spam e‑mails.

4. Data Collection on This Website

Cookies

Our Internet pages use so‑called “cookies”. Cookies are small data packages that do not cause any damage to your end device. They are either stored temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your end device. Session cookies are automatically deleted after your visit. Permanent cookies remain stored on your end device until you delete them yourself or your web browser automatically deletes them.

Cookies can be set by us (first‑party cookies) or by third‑party companies (so‑called third‑party cookies). Third‑party cookies enable the integration of certain services of third‑party companies within websites (e.g. cookies for processing payment services).

Cookies have various functions. Numerous cookies are technically necessary, as certain website functions would not work without them (e.g. the shopping cart function or the display of videos). Other cookies can be used to evaluate user behaviour or for advertising purposes.

Cookies that are required to carry out the electronic communication process, to provide certain functions you have requested (e.g. for the shopping cart function) or to optimise the website (e.g. cookies for measuring the web audience) are stored on the basis of Art. 6 (1)(f) GDPR, unless another legal basis is specified. The website operator has a legitimate interest in the storage of necessary cookies for the technically error‑free and optimised provision of its services. If consent to the storage of cookies and comparable recognition technologies has been requested, processing is carried out exclusively on the basis of this consent (Art. 6 (1)(a) GDPR and § 25 (1) TDDDG); consent can be withdrawn at any time.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general, and activate the automatic deletion of cookies when closing the browser. Deactivating cookies may limit the functionality of this website.

Which cookies and services are used on this website can be found in this privacy policy.

Request by E‑mail, Telephone or Fax

If you contact us by e‑mail, telephone or fax, your request, including all resulting personal data (name, request), will be stored and processed by us for the purpose of handling your request. We do not pass these data on without your consent.

The processing of these data is based on Art. 6 (1)(b) GDPR if your request is related to the performance of a contract or is necessary for the implementation of pre‑contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art. 6 (1)(f) GDPR) or on your consent (Art. 6 (1)(a) GDPR) if it has been requested; consent can be withdrawn at any time.

The data sent by you to us via contact requests will remain with us until you request us to delete it, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.

5. Analytics Tools and Advertising

WP Statistics

This website uses the analysis tool WP Statistics to statistically evaluate visitor access. The provider is Veronalabs, Tatari 64, 10134 Tallinn, Estonia (https://veronalabs.com).

WP Statistics allows us to analyse the use of our website. WP Statistics records, among other things, log files (IP address, referrer, browsers used, the user’s origin, search engine used) and actions that website visitors have carried out on the site (e.g. clicks and views).

The data recorded with WP Statistics is stored exclusively on our own server.

The use of this analysis tool is based on Art. 6 (1)(f) GDPR. We have a legitimate interest in the anonymised analysis of user behaviour in order to optimise both our web offering and our advertising. If consent has been requested, processing is carried out exclusively on the basis of Art. 6 (1)(a) GDPR and § 25 (1) TDDDG, insofar as the consent includes the storage of cookies or access to information on the user’s end device (e.g. device fingerprinting) within the meaning of the TDDDG. Consent can be withdrawn at any time.

IP Anonymisation

We use WP Statistics with anonymised IP addresses. Your IP address is truncated so that it can no longer be directly assigned to you.

6. Plugins and Tools

YouTube with Enhanced Privacy Mode

This website embeds videos from the website YouTube. The operator of the pages is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

When you visit one of our pages on which YouTube is embedded, a connection to the YouTube servers is established. In doing so, the YouTube server is informed which of our pages you have visited. If you are logged into your YouTube account, you enable YouTube to assign your surfing behaviour directly to your personal profile. You can prevent this by logging out of your YouTube account.

We use YouTube in enhanced privacy mode. According to YouTube, videos played in enhanced privacy mode are not used to personalise browsing on YouTube. Ads displayed in enhanced privacy mode are also non‑personalised. No cookies are set in enhanced privacy mode. Instead, so‑called local storage elements are stored in the user’s browser, which, similar to cookies, may contain personal data and can be used for recognition. Details about enhanced privacy mode can be found here: https://support.google.com/youtube/answer/171780.

After activating a YouTube video, further data processing operations may be triggered over which we have no influence.

The use of YouTube is in the interest of an appealing presentation of our online offerings. This constitutes a legitimate interest within the meaning of Art. 6 (1)(f) GDPR. If consent has been requested, processing is carried out exclusively on the basis of Art. 6 (1)(a) GDPR and § 25 (1) TDDDG, insofar as the consent includes the storage of cookies or access to information on the user’s end device (e.g. device fingerprinting) within the meaning of the TDDDG. Consent can be withdrawn at any time.

Further information on data protection at YouTube can be found in their privacy policy at: https://policies.google.com/privacy.

The company is certified under the EU‑US Data Privacy Framework (DPF). The DPF is an agreement between the European Union and the USA that is intended to ensure compliance with European data protection standards for data processing in the USA. Each company certified under the DPF undertakes to comply with these data protection standards. Further information can be obtained from the provider at: https://www.dataprivacyframework.gov/participant/5780.

hCaptcha

We use hCaptcha (hereinafter “hCaptcha”) on this website. The provider is Intuition Machines, Inc., 2211 Selig Drive, Los Angeles, CA 90026, USA (hereinafter “IMI”).

hCaptcha is intended to verify whether data entry on this website (e.g. in a contact form) is made by a human or by an automated programme. For this purpose, hCaptcha analyses the behaviour of the website visitor based on various characteristics.

The analysis begins automatically as soon as the website visitor enters a website with hCaptcha activated. For analysis, hCaptcha evaluates various information (e.g. IP address, time spent on the website or mouse movements made by the user). The data collected during the analysis is forwarded to IMI. If hCaptcha is used in “invisible mode”, the analyses run entirely in the background. Website visitors are not informed that an analysis is taking place.

Storage and analysis are based on Art. 6 (1)(f) GDPR: the website operator has a legitimate interest in protecting its web offerings from abusive automated spying and spam. If consent was requested, processing is based solely on Art. 6 (1)(a) GDPR and § 25 (1) TDDDG. Consent can be revoked at any time. Processing is supported by Standard Contractual Clauses contained in IMI’s data-processing terms. Details: https://www.hcaptcha.com/privacy and https://hcaptcha.com/terms. IMI is certified under the EU-US Data Privacy Framework.

Source template: e-recht24.de

Michael Kohl