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Privacy Policy

 

I.    Entity/Person Responsible 

The entity/person responsible as defined in the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is: 

AKAH – Albrecht Kind GmbH
Managing director: Mr. Manfred Kind, Mr. Helmut Kind
Hermann-Kind-Straße 18-20
D – 51645 Gummersbach
Germany
Phone: +49(0)2261–705-0 / Fax: +49(0)2261-73540
E-mail: 

 

II.    Data Protection Officer

Pursuant to Art. 39 GDPR and §7 BDSG [German Federal Data Protection Act] (new) is: 

Internet expert Mr. Sven Oliver Rüsche
Online-Agentur Rüsche
c/o ARKM
Bunsenstr. 5
D – 51647 Gummersbach
Germany
Phone: +49(0)2261-9989-230 / Fax: +49(0)2261-9989-889
E-mail: datenschutz@sor.de
Website: www.sor.de/datenschutzbeauftragter/albrecht-kind-gmbh-akah/

 

III.    General information on data processing 

1.    Extent of the processing of personal data
Basically, we process personal data of our users only as far as this is required for provision of a functional website as well as our contents and services. Our users’ personal data is regularly processed only after the user’s consent, except that it is not possible to previously obtain the consent for actual reasons and the processing of the data is allowed by the legal regulations.

2.    Legal basis for the processing of personal data
As far as we obtain the consent of the persons affected for the processing of personal data, Art. 6, Sect. 1, lit. a of the EU General Data Protection Regulation (GDPR) is the legal basis. For processing personal data which is required for the execution of an agreement whose contractual party is the person affected, Art. 6, Sect. 1, lit. b GDPR is the legal basis. This also applies to processes which are required for taking pre-contractual measures. As far as the processing of personal data is required for fulfilling a legal obligation our company is subject to, Art. 6, Sect. 1, lit. c GDPR is the legal basis. If this is necessary for vital interests of the person affected or another individual to process personal data, Art. 6, Sect. 1, lit d. GDPR is the legal basis. If the processing is necessary for safeguarding a justified interest of our company or a third party and the interests, basic rights and basic liberties of the person affected do not outweigh the interests as mentioned in Art. 6, Sect. 1, lit. f GDPR is the legal basis for the processing.

3.    Deleting data and holding time
The personal data of the person affected can be deleted or blocked as soon as the purpose of storage is no longer applicable. In addition, the data may be stored if this is required by the European or national lawmakers in regulations of the European Union or other regulations the person/entity is subject to. The data will also be deleted or blocked as soon as the defined holding time specified by the above-mentioned standard expires unless the storage of data is required further for the conclusion or the execution of an agreement.

 

IV.    Providing the website and creating logfiles

1.    Description and extent of data processing
Every calling up of our website causes our system to automatically collect data and information from the computer system of the calling computer. In this case the following data is collected: 

(1)    Information on the browser type and the version used
(2)    Operating system of the user
(3)    Internet service provider of the user
(4)    IP address of the user
(5)    Date and time of access
(6)    Websites from which the user’s system reaches our Website
(7)    Websites called by the user’s system via our Website
(8)    Miscellaneous meta data (protocol version, data volume sent, server port, service name)

The data is also stored in the logfiles of our system. This data will not be stored together with other personal user data.

2.    Legal basis for data processing
Art. 6, Sect. 1, lit. f GDPR is the legal basis for a temporary storage of the data and logfiles.

3.    Purpose of data processing
The data is stored in logfiles to maintain the functionality of the website. In addition, we use the data for optimizing the website and maintaining the security of our IT systems. The data will not be evaluated for marketing purposes in this connection. These purposes also include our justified interest in data processing pursuant to Art. 6, Sec.1, lit. f GDPR.

4.    Holding time
If data is stored in logfiles, this will be applicable after 31 days at the latest. In this case the IP addresses of the users will be deleted.

5.   Possibility of objection and elimination
It is compulsory for the operation of our website to collect the data for providing the website and storing the data in logfiles. Therefore, the user has no possibility for an objection.

 

V.    Cookies

a) Description and extent of data processing
Our website uses cookies. Cookies are text files which are stored in the Internet browser and/or by the Internet browser in user computer system. If a user calls a website, a cookie may be stored in the operating system of the user. This cookie contains a defined character string for a unique identification of the browser whenever the website is called again. We use cookies to make our website more user-friendly. Some elements of our website require the identification of the calling browser after a change of pages as well. In addition, we use cookies in our website for analysing the surfing behaviour of the users. In this way the following may be transmitted:

(1)    Entered search terms
(2)    Frequency of site visits
(3)    Use of website functions

(4)    Session cookies (will be deleted after the browser session). When calling our website, the users are informed by an info banner on the use of cookies for analysis purposes and are referred to this privacy policy statement, including information in this connection on how the storage of cookies can be avoided in the browser settings. 

b) Legal basis for data processing
Art. 6, Sect. 1, lit. f, GDPR is the legal basis for processing personal data by using technically required cookies.
Art. 6, Sect. 1, lit. a, GDPR is the legal basis for processing personal data by using cookies for analysis purposes if a relevant consent of the user is available.

c) Purpose of data processing
The use of technically necessary cookies is designed to simply the use of websites for the users. Some functions of our website cannot be offered without the use of cookies. To this effect, it is necessary to make sure that the browser can be identified again after a change of pages as well. We need cookies for the following applications:

(1)    Acceptance of language settings
(2)    Remembering the login state

The user data collected by technically necessary cookies is not used for the generation of user profiles. The use of analysis cookies is designed to improve the quality of our website and its contents. Analysis cookies inform us on the way of how the website is used to allow us to optimize our offer continually. These purposes also include our justified interest in processing personal data pursuant to Art. 6, Sec.1, lit. f GDPR.

d) Holding time, possibility of objection and eliminationCookies are stored in the computer of the user and transmitted from it to your site. As a user, you have therefore full control of the use of cookies. Changing the settings in your Internet browser allows you to deactivate or limit the transmission of cookies. Cookies already stored can be deleted at any time, automatically as well.  If cookies of our website are deactivated, it is possible that all functions of the website can no longer be used to their full extent.


VI.    Newsletters 

1.    Description and extent of data processing
Our website provides for a cost-free subscription to a newsletter. In this case the data from the input mask will be transmitted to us during the login to the newsletter. In addition, the following data is collected during a login:

(1)    IP address of the calling computer
(2)    Date and time of registration

For processing the data your consent will be obtained within the scope of the login process, and a reference to this privacy statement is made. The data will not be disclosed to third parties for the dispatch of newsletters in connection with data processing. This data will exclusively be used for the dispatch of the newsletter. 

2.    Legal basis for data processing
Art. 6, Sect. 1, lit.f  GDPR is the legal basis for processing the data after a login to the newsletter by the user if the user consent is available.

3.    Purpose of data processing
The collection of the e-mail address of the user is designed for servicing the newsletter.

4.    Holding time
The data will be deleted as soon as it is no longer required for serving the purpose of their collection. Therefore, the e-mail address of the user is stored as long as the subscription to the newsletter is active.

5.    Possibility of objection and elimination
Subscriptions to the newsletter can be terminated by the user affected at any time. To this effect, a corresponding unsubscribe link can be found in every newsletter. This also allows the withdrawal of the consent to the storage of the personal data collected during the login process.

 

VII.    Registration 

1.    Description and extent of data processing
Our website allows users to register by specifying personal data. This data is entered into an input mask and is transmitted to us and stored. This data will not be disclosed to third parties. The following data is collected within the scope of the registration process:

(1)    User name (a pseudonym, if desired)
(2)    Postal address
(3)    Phone number
(4)    E-mail address
(5)    A password which is stored in an encrypted form

In addition, the following data is stored at the time of registration:
(1)    Date and time of registration 

2.    Legal basis for data processing
Art. 6, Sect. 1, lit. a GDPR is the legal basis for processing the data if the consent of the user is available.
If the registration is designed for executing an agreement with the user as a contractual party for taking pre-contractual measures, Art. 6, Sect. 1, lit. b GDPR is an additional legal basis for processing the data.

3.    Purpose of data processing
The registration of the user is necessary for the provision of certain contents and services in our website. If applicable, the registration of the user is required for executing an agreement with the user or for taking pre-contractual measures.

4.    Holding time
The data will be deleted as soon as they are no longer required for serving the purpose of its collection.

5.    Possibility of objection and elimination
All users may eliminate the registration at any time. The data stored about you can be changed at any time. To this effect, use the respective unsubscribe link or informally write to the person/entity responsible (pursuant to § I) by e-mail.


VIII.    Contact form and e-mail contact

1.    Description and extent of data processing
Our website provides a contact form which can be used for establishing a contact. If the user takes this opportunity, the data entered into the input mask will be transmitted to us and stored. Normally, this data is (but may also deviate slightly):

(1)    Your name
(2)    Your e-mail address
(3)    Postal address
(4)    Phone number
(5)    Reference
(6)    Your message (text message addressed to us)

For processing the data your consent will be obtained within the scope of the sending process, and a reference to this privacy statement is made. Alternatively, a contact may be established through the provided e-mail address. In this case the personal user data transmitted by e-mail will stored. The data will not be disclosed to third parties in this connection. The data will exclusively be used for processing the conversation.

2.    Legal basis for data processing
Art. 6, Sect. 1, lit. a GDPR is the legal basis for processing the data if the consent of the user is available.
Art. 6, Sect. 1, lit. f GDPR is the legal basis for processing the data transmitted by sending an e-mail. If the e-mail contact aims at the conclusion of an agreement, Art. 6, Sect. 1, lit. b GDPR is the additional legal basis for processing.

3.    Purpose of data processing
We exclusively process personal data from the input mask for handling the contact. The establishment of a contact by e-mail also includes the required justified interest in processing the data. The other personal data processed during the transmission process is designed for preventing a misuse of the contact form to maintain the security of our IT systems.

4.    Holding time
The data will be deleted as soon as it is no longer required for serving the purpose of its collection. This is applicable to the personal data from the input mask of the contact form and the data sent by e-mail as soon as the conversation with the user is terminated. The conversation is terminated if circumstances show that the respective matter has been finalized. The personal data additionally collected during the transmitting process will be deleted after a term of seven days at the latest.

5.    Possibility of objection and elimination
The user may withhold his/her consent to the processing of personal data at any time. If the user contacts us by e-mail, he/she may object to the storage of his/her personal data at any time. In such a case the conversation can no longer be continued. All personal data stored within the contact process will be deleted in this case.


IX.    Google services (Google Analytics / You Tube / Google Maps)

1.    Extent of the processing of personal data
We use the “Google Analytics” web analysis service in our website. This is a service of the Google Inc. ("Google"). For an analysis of the surfing behaviour of our users, Google uses a cookie in the computer of the users (refer to cookies above). If details of our website are called, the following data is stored:

(1)    Two bytes of the IP address of the calling system of the user
(2)    Website called
(3)    Website from which the user referred to the called website (referrer)
(4)    Subpages called from the called website
(5)    Dwell time on the website
(6)    Call frequency of the website

Google will use this information on our behalf to evaluate the use of our online offer to compile reports on the activities within this online offer and provide for us further services in connection with the use of this online offer and the Internet use. In this case pseudonymous usage profiles of the users can be generated from the processed data. We use Google Analytics only with an activated IP anonymization. This means that Google shortens the IP address of the users within the member states of the European Union and in other states being a party to the Agreement on the European Economic Area. The IP address transmitted by the browser of the user will not be combined with other Google data. 

2.    Legal basis for the processing of personal data
Art. 6, Sect. 1, lit. f GDPR is the legal basis for processing personal data.

3.    Purpose of data processing
Processing the personal data of the users allows us to analyse the surfing behaviour of our users. By evaluating the collected data, we can combine information on the use of the individual components of our website, helping us to continually improve our website and its user-friendliness. These purposes also include our justified interest in processing personal data pursuant to Art. 6, Sec.1, lit. f GDPR. The anonymization of the IP address will take sufficient account of the users’ interests in the protection of personal data.

4.    Holding time
The data will be deleted as soon as it is no longer needed for our recording purpose. This is applicable after 26 months in our case

5.    Possibility of objection and elimination
Cookies are stored in the computer of the user and transmitted from it to your site. As a user, you have therefore full control of the use of cookies. Changing the settings in your Internet browser allows you to deactivate or limit the transmission of cookies. Cookies already stored can be deleted at any time, automatically as well. If cookies for our website are deactivated, it is possible that all functions of the website can no longer be used to their full extent. The users may prevent the storage of cookies, using a corresponding setting of their browser software. In addition, the users may prevent the processing of the data generated by the cookie and the use of the data related to the use of the online offer to Google as well as its processing by Google by downloading and installing the browser plug-in at the following link: https://tools.google.com/dlpage/gaoptout?hl=en .

6.    YouTube videos
Our website uses YouTube LLC , 901 Cherry Avenue, San Bruno, CA 94066, USA, represented by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA for the integration of videos. Normally, your IP address is already sent during the call of a page with embedded videos and is installed in your computer. However, we have integrated our YouTube videos into the extended data protection mode (in this case YouTube still establishes a contact to the Double Click service of Google, but the personal data will not be evaluated according the privacy statement from Google). Thus, YouTube will no longer store information about the visitors unless they watch the video. If you click on the video, your IP address will be transmitted to YouTube, and YouTube knows that you watched the video. If you are logged in with YouTube, this information will be assigned to your user account (you may prevent this by logging out of YouTube before calling the video). Then, we have no knowledge of and no influence on a possible collection and use of your data by YouTube. Refer to the YouTube privacy statement at www.google.de/intl/de/policies/privacy/ for further information. In addition, we refer you to the general handling and deactivation of cookies in our general representation of the privacy statement.

7.  Google Maps
We integrate the “Google Maps” service of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/ , Opt-Out: https://adssettings.google.com/authenticated .

8. Google Tag Manager
We integrate the “Google Tag Manager” service of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/ , Opt-Out: https://adssettings.google.com/authenticated .


X.    Rights of the person affected 

Whenever your personal data is processed, you will be a person affected pursuant to the DGPR. In this case, you have the following rights with respect to the person/entity responsible: 

1.    Right of information
You may request a confirmation from the person/entity responsible as to whether or not your personal data is processed by us. If the data is processed, you may request the following information from the person/entity responsible:

(1)    purposes for which the personal data is processed;
(2)    categories of personal data to be processed;
(3)    recipient and/or categories of recipients to whom the relevant personal data have been disclosed or will be disclosed;
(4)    planned holding time of your personal data or, if detailed information is not possible, criteria for the definition of the holding time;
(5)    availability of a right to correct or delete your personal data, right to limit the processing by the person/entity responsible or a right to object to this processing;
(6)    availability of a right to complain to a regulatory authority;
(7)    all available information on the origin of the data if the personal data is not collected from the person affected;
(8)    availability of automated decision making including profiling pursuant to Art. 22, Sect. 1 and 4 GDPR and – at least in these cases – meaningful information on the logics involved as well as the extent and pursued effects of such a processing on the person affected.

You have the right to request information on whether or not the relevant personal data is sent to a third country or an international organization. In this connection you may request information about the suitable guarantees pursuant to Art. 46 GDPR in connection with the transmission.

2.    Right of correction
You have a right of correction and/or completion towards the person/entity responsible as fair as the processed personal data is incorrect or incomplete. The person/entity responsible must then correct it immediately.

3.    Right of restriction of processing
You may request a restriction of the processing of your personal data on the following conditions if:

(1)    you contest the correctness of your personal data for a duration which allows the person/entity responsible to review the correctness of personal data
(2)    the processing is illegal and you refuse a deletion of the personal data and request a restriction of the use of the personal data instead
(3)    the person/entity responsible no longer needs the personal data for the purpose of processing but you require it for lodging, exercising or defending legal claims or
(4)    you objected against the processing pursuant to Art. 21, Sect. 1 GDPR and it has not been determined yet whether the justified reasons of the person/entity responsible outweighs your reasons.

If the processing of your personal data has been restricted, this data - apart from the storage - may only be processed for asserting or defending legal claims or for the protection of the rights of another individual or legal entity or for reasons of important public interest of the Union or a member state. If the restriction of processing was limited according the above-mentioned conditions, you will be informed by the person/entity responsible before the restriction is cancelled.

4.    Right of deletion

a)    Deletion duty
You may request the person/entity responsible to delete your personal data immediately, and the person/entity responsible is obliged to delete this data immediately as far as one of the following reasons exist:

(1)    Your personal data is no longer required for purposes for which they were collected or processed in another way. 
(2)    You withhold your consent on which the processing pursuant to Art. 6, Sect. 1, lit. a or Art. 9, Sect. 2, lit. a GDPR was based, and there is no other legal basis for the processing.
(3)    You file an objection pursuant to Art. 21, Sect. 1 GDPR to the processing and there are no prevailing justified reasons for the processing, or you file an objection pursuant to Art. 21, Sect. 2 GDPR to the processing.
(4)   Your personal data were processed illegally.
(5)    The deletion of your personal data is required for fulfilling a legal obligation according to the Union legislation and the right of the member states to which the person/entity responsible is subject.
(6)    Your personal data were collected with reference to the offered information society services pursuant to Art. 8, Sect. 1 GDPR.

b)    Information to third parties
If the person/entity responsible published your personal data and is obliged to delete them pursuant to Art. 17, Sect. 1 GDPR, they will take reasonable measures with account being taken of the available technology and the implementation costs, of technical type as well, to inform the person/entity responsible for processing the personal data that you, as a person affected requested the deletion of all links to the personal data or copies or reproductions of this personal data.

c)    Exceptions
The right of deletion is not available as far as processing is required

(1)    for exercising the right of freedom of speech and information
(2)    for fulfilling a legal obligation which requires the processing according to the legislation of the Union or the member states to which the person/entity responsible is subject, or for performing a task in the interest of the public or executing official authority transferred to the person/entity responsible
(3)    for reasons of public interest in the area of public health pursuant to Art. 9, Sect. 2, lit. h and i as well as Art. 9, Sect. 3 GDPR
(4)    for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89, Sect. 1 GDPR as far as the right mentioned in Section a) is expected to make the realisation of the objectives of this processing impossible or seriously affects it or
(5)    for lodging, exercising and defending legal claims.

5.    Right of information
Once you have asserted the right of correction, deletion or restriction of the processing towards the person/entity responsible, they are obliged to inform all recipients to whom they disclose the relevant personal data about this correction or deletion of the data or a restriction of processing unless it is impossible or connected with unreasonable expenditures of time and effort. You are entitled to request information on these recipients from the person/entity responsible.

6.    Right of data portability
You have the right to obtain your personal data you provided for the person/entity responsible in a structured, common and machine-readable format. In addition, you have the right to transmit this data to another person/entity responsible without being hindered by the person/entity responsible for whom the personal data were provided, if

(1)    the processing is based on a consent pursuant to Art. 6, Sect. 1, lit. a GDPR or Art. 9, Sect. 2, lit. a GDPR or an agreement pursuant to Art. 6, Sect. 1, lit. b GDPR and
(2)    the processing is automated.

When exercising this right, you are additionally entitled to request that your personal data be directly transferred from one person/entity responsible to another person/entity responsible as far as this technically feasible. Liberties and the rights of other persons must not be adversely affected by this. The right of data portability is not applicable to the processing of personal data which is necessary for performing a task which is in the public interest or is executed on the basis of public authority which was transferred to the person/entity responsible.

7.    Right to object
For reasons resulting from your special situations, you have the right to object to the processing of your personal data on the basis of Art. 6, Sect. 1, lit. e or f GDPR. This is also applicable to a profiling based on these provisions. The person/entity responsible will no longer process your personal data unless they can prove compelling and protection-meriting reasons which outweigh your interest, rights and liberties, or the processing is designed for the assertion, execution or defence of legal claims. If your personal data is processed for direct advertising, you are entitled at any time to object to the processing of your personal data for the purpose of such advertisements; this is also applicable to profiling as far as it is connected with such a direct advertising. If you object to the processing for the purpose of direct advertising, your personal data will no longer be processed for these purposes. You may exercise your right to object by automated processes for which technical specifications are used in connection with the use of information society services - regardless of directive 2002/58/EC. 

8.    Right to withhold the data protection consent declaration
You are entitled to withhold your data protection consent declaration at any time. The withholding of the consent will not affect the lawfulness of the processing made on the basis of the consent until the revocation.

9.    Automated decision in individual cases including profiling
You have the right not to be subjected to a decision exclusively based on an automated processing - including profiling - which has a legal effect upon you or considerably affects you in a similar way. This is not applicable if the decision 

(1)    is required for the conclusion or the execution of an agreement between you and the person/entity responsible
(2)    is admissible on the basis of legal regulations of the Union and the member states to which the person/entity responsible is subject and these legal regulations include measures for safeguarding your rights and liberties as well your justified interests or
(3)    is made with your explicit consent.

However, these decisions must not be based on special categories of personal data pursuant to Art. 9, Sect. 1, GDPR unless Arti. 9, Sect. 2, lit. a or g GDPR is applicable and reasonable measures have been taken for the protection of your rights and liberties as well as your justified interests. Regarding the cases mentioned in (1) and (3), the person/entity responsible will take reasonable measures to protect the rights and liberties as well as your justified interests, including at least the right for effecting the intervention of a person on the part of the person/entity responsible, for defining their position and disputing the decision.

10.    Right to complain to a regulatory authority
Without prejudice to another administrative or judicial remedy, you have the right to complain to a regulatory authority, in particular in the member state of your residence, your workplace or the place of an expected violation, if you think that the processing of your personal data violates the GDPR. The regulatory authority to which the complaint was lodged informs the complainant on the status and the results of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR. 

11. Further development of this privacy statement
This privacy policy statement will be adjusted to the development of the data protection and the security technology at irregular intervals. We reserve the right to adapt this privacy statement, if necessary, so that it always complies with the current legal requirements and to implement modifications of our services in the privacy policy, e.g. for the introduction of new services. The new privacy statement will then be applicable to your new visit.

Services

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