Privacy Policy

1) Name and address of the responsible person

 The responsible person within the context of the general data protection regulation (GDPR) and other national data protection laws of the member states and other legal data protection provisions is:

Kinshofer GmbH
Raiffeisenstrasse 12
83607 Holzkirchen
Germany
Tel.: +49 (0) 8021 8899 0
Fax: +49 (0) 8021 8899 37
E-mail: info@kinshofer.com
Website: https://www.kinshofer.com

represented by the General Manager,Dipl. Ing. Thomas Friedrich

2) Name and address of the data protection officer

 The data protection officer of the responsible person is:

Christian Paulus
DS Consult + Compliance GmbH
Ettmannsdorfer Str. 109
92421 Schwandorf
Germany
Tel.: +49 (0)9431 7173 010
Fax: +49 (0)9431 7173 197
E-Mail: info.dscc@d-s.group
 

3) General information about data protection

1) Scope of personal data processing

Essentially, we only process personal data of our users if this is required to provide a functional website, in addition to our contents and services. Personal data of our user is regularly processed only after consent by the user. An exception applies in those cases, in which prior collection of consent is not possible for factual reasons and data processing is permitted by legal regulations.

2) legal basis for processing personal data

Provided we collect consent from the affected person for processing procedures, Art. 6 Para. 1 lit. a EU general data protection regulation (GDPR) shall apply as the legal basis.
During personal data processing that is required for fulfilment of a contract that the affected person is a contractual party of, Art. 6 Para. 1 lit. b GDPR shall apply as the legal basis. This shall also apply to processing procedures that are required to complete pre-contractual measures.
If processing personal data is required to fulfil a legal obligation that our company is subject to, Art. 6 Para. 1 lit. c GDPR shall apply as the legal basis.
In case critical interests of the affected person or another natural person make personal data processing a requirement, Art. 6 Para. 1 lit. d GDPR shall apply as the legal basis.
If processing is required to safeguard a justified interest of our company or a third party and the interests, basic rights, and basic freedoms of the affected party do not outweigh the interests of the first party, Art. 6 Para. 1 lit. f GDPR shall apply as the legal basis for processing.

3) Data deletion and storage duration

The personal data of the affected person shall be deleted or blocked as soon as the purpose of storage is omitted. Storage may also take place if this is prescribed by European or national lawmakers in European Union regulations, laws, or other directives that the responsible person is subject to. Blocking or deleting data also takes place if a storage period prescribed by the named standards expires, unless a requirement for extended data storage is present for contract completion or contract fulfilment.

4) Provision of the website and creation of log files

1) Description and scope of data processing

Each time our website if accessed, our system collects automated data and information from the computer system of the accessing computer. The provider of these pages also collects and stores information in so-called ‘log files’, which your browser provides to us automatically.

 In this case, the following data are collected:

  • 1. Browser type and browser version
  • 2. Operating system used
  • 3. Referrer URL
  • 4. Host name of the accessing computer
  • 5. Time of server request
  • 6. IP address

The data are also stored in the log files of our system. Storage of this data together with other personal data of the user does not take place.

2) Legal basis for data processing

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

3) Purpose of data processing

Temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. In this case, the IP address if the user must remain stored for the duration of the session.
Log files are stored to ensure functionality of the website. In addition to this, we use the data to optimise the website and ensure the security of technical information systems.
Evaluation of the data for marketing purposes does not take place in this context.
These purposes also include our justified interest on data processing according to Art. 6 Para. 1 lit. f GDPR.

4) Storage duration

Data shall be anonymised after 7 days and finally deleted after 9 weeks.
This is also the case regarding storage of data in log files.

5) Objection and removal option

The collection of data to provide the website and storage of data in log files is absolutely required for operation of the webpage. For this reason, the user shall not be entitled to object.

5) Use of cookies

1) Description and scope of data processing

Our website uses cookies. Cookies are text files that are saved in the Internet browser or by the Internet browser on the computer system of the user. When a user accesses a website, a cookie is able to be saved on the operating system of the user. This cookie includes a characteristic sequence of characters that enable clear identification of the browser if the website if accessed again. We use cookies to design our website to be more user-friendly. Several elements of our webpages require the accessing browser to be identifies after the page is changed, as well.
The following data are saved and transferred in these cookies:

  • language settings
  • resolution

We also use cookies on our website that enable analysis of the user’s Internet browsing behaviour.
The following data may be transferred in this manner:

  • frequency of page acccess
  • use of website functions

The user data collected in this way are anonymised using technical precautions. For this reason, assignment of the data to the accessing user is no longer possible. The data are not saved together with other personal data of the user.
You can also set your browser so that cookies are deactivated. In this case, please note that the full functionality of the website display is no longer guaranteed.

2) Legal basis for data processing

The legal basis for processing personal data using cookies is provided by Art. 6 Para. 1 lit. f GDPR.
The legal basis for processing personal data using technically necessary cookies is provided by Art. 6 Para. 1 lit. f GDPR.

3) Purpose of data processing

The purpose of using technically necessary cookies is to simplify use of websites for the user. Several functions of our website cannot be provided without the use of cookies. This requires the browser to be recognised again after the page is changed, as well.
We require cookies for the following applications:

  • application of language settings

The user data collected by technically necessary cookies are not used to create user profiles.

4) Duration of storage, objection and removal option

Cookies are stored on the computer of the user and transmitted from it to our page. For this reason, you also have full control over the use of cookies as the user. By changing the settings in your Internet browser, you may deactivate or limit the transmission of cookies. Already saved cookies may be deleted at any time. This may also take place automatically. If cookies for our website are deactivated, then it’s possible that not all functions of the website may function to the full degree.

6) Contact form and e-mail contact

1) Description and scope of data processing

A contact form is provided on our website that is able to contact us electronically. If a user uses this option, then the data entered into the input window are sent to us and stored.
These data include:

  • name
  • e-mail address
  • subject
  • message

When the message is sent, the following data are also stored:

  • the IP address of the user
  • date and time

To process data within the scope of the sending process, your consent is collected and this data protection declaration is referred to.
Alternatively, contact is possible via the provided e-mail address. In this case, personal data about the user provided with the e-mail are stored.
No data are provided to third parties in this context. The data are only used to process the conversation.

2) Legal basis for data processing

The legal basis for processing data is presence of consent on behalf of the user Art. 6 Para. 1 lit. a GDPR.
The legal basis for processing the data that is transmitted over the course of sending an e-mail is Art. 6 Para. 1 lit. f GDPR. If the purpose of contact via e-mail is to complete a contract, then the additional legal basis for processing is Art. 6 Para. 1 lit. b GDPR.

3) Purpose of data processing

Processing personal data from the input window is used by us exclusively to process contact attempts. In case of contact by e-mail, this is also subject to the required justified interest in processing data.
Personal data processed otherwise during the sending process is used to prevent abuse of the contact form and to ensure the security of our technical information systems.

4) Storage duration

Data shall be anonymised after 7 days and finally deleted after 9 weeks.

5) Objection and removal option

The user has the option at all times to withdraw his consent to processing personal data. If the user contacts us by e-mail, then he may object to storage of his personal data at any time. In this case, the conversation cannot be continued.
Objections may be submitted by e-mail or by post. The contact data required for this are available to you in the legal notice.
All personal data that are stored when attempting to make contact are deleted in this case.

7) Applications by e-mail

1) Description and scope of data processing

You have the option of sending us an application by e-mail. During the sending process for this e-mail, our servers log the following data:

  • sender address
  • date and time
  • recipient address
  • subject
  • message contents
  • possible attachments

No data are provided to third parties in connection with your application. The data are only used for processing within this application process.

2) Legal basis for data processing

The legal basis for processing data is presence of consent on behalf of the user Art. 6 Para. 1 lit. a GDPR.
The legal basis for processing the data that is transmitted over the course of sending an e-mail is Art. 6 Para. 1 lit. f GDPR. In addition to this, the legal basis when sending an e-mail for the purpose of closing an employment or training contract is provided by Art. 6 Para. 1 lit. b GDPR.

3) Purposes of data processing

Your personal data resulting from your application documents and from your e-mail is processed by us exclusively for the purpose of examining your application within the scope of the application process and to contact you. In case of employment and contact by e-mail, this is also subject to the required justified interest in processing data.

4) Storage duration

Application data including attachments are saved for three months and following completion of the application process. In case of employment, these data shall be stored within the scope of your contractual agreement.

5) Objection and removal option

The user has the option at all times to withdraw his consent to processing personal data. If the user contacts us by e-mail, then he may object to storage of his personal data at any time. In this case, the application process cannot be continued.
Objections may be submitted by e-mail or by post. The contact data required for this are available to you in the legal notice.
All personal data that are stored when attempting to make contact are deleted in this case.

8) Newsletter

1) Description and scope of data processing

Our website features the option to subscribe to a free newsletter. In this case, the data from the input window is transferred to us during registration for the newsletter.
In addition to this, the following data are collected during registration:

  • IP address of the accessing computer
  • date and time of registration

To process data within the scope of the registration process, your consent is collected and this data protection declaration is referred to.
No data are provided to third parties in connection with data processing for sending the newsletters. The data are only used to send the newsletter.

2) Legal basis for data processing

The legal basis for processing data following registration for the newsletter is presence of consent on behalf of the user Art. 6 Para. 1 lit. a GDPR.

3) Purpose of data processing

Collection of the e-mail address of the user is necessary for sending the newsletter.
The collection of other personal data within the scope of the registration process is used to prevent abuse of services or the e-mail address that is used.

4) Storage duration

Data are deleted as soon as the purpose of collection is achieved and they are no longer required. The e-mail address of the user is therefore saved for as long as the subscription remains active.
The personal data otherwise collected within the scope of the registration process are normally deleted after a period of seven days.

5) Objection and removal option

Subscription to the newsletter may be terminated at any time by the affected user. A corresponding link is contained in each newsletter for this purpose.
This also enables withdrawal of consent to store personal data collected during the registration process.

6) Newsletter delivery via MailChimp

Our e-mail newsletter is delivery via technical service provider The Rocket Science Group, LLC d/b/a MailChimp, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA (http://www.mailchimp.com/), which we transfer your data provided to us during newsletter registration. This transfer takes place Art. 6 Para. 1 lit. f GDPR and serves our justified interest in the use of a promotionally effective, secure, and user-friendly newsletter system. Please note that your data are normally transferred to a MailChimp server in the USA and saved there.
MailChimp uses this information for sending and for statistical evaluation of newsletters on our behalf. The sent e-mails feature so-called ‘web beacons’ and ‘tracking pixels’, which represent single-pixel image files that our stored on our website. This enables observation of whether a newsletter message has been opened and which links may have been clicked. Furthermore, technical information is collected (e.g. the time of access, IP address, browser type, and operating system). Data are only collected under a pseudonym, and they are not collected with your further personal data to ensure that direct relation to your person is ruled out. These data are only used for statistical analysis of newsletter campaigns. The results of these analyses may be used to adjust future newsletters better to the interests of the recipients.
If you would like to object to data analysis for statistical evaluation purposes, then you must terminate your subscription to the newsletter.
Furthermore, MailChimp itself may use this data according to Art. 6 Para. 1 lit. f GDPR for its own justified interest in needs-based design and optimisation of the service and market research purposes, e.g. to determine which countries the recipients come from. However, MailChimp does not use the data of our newsletter recipients to write to them itself or provide them to third parties.
To protect your data in the USA, we have completed a data processing agreement with MailChimp on the basis of the standard contract provisions of the European Commission, which enable your personal data to be transferred to MailChimp. If you are interested, this data processing contract may be viewed at the following Internet address: http://mailchimp.com/legal/forms/data-processing-agreement/.
MailChimp is also certified according to the UE-European data protection agreement “Privacy Shield”, and is therefore obligated to adhere to EU data protection specifications.
The data protection specifications of MailChimp may be viewed here: https://mailchimp.com/legal/privacy/.

9) Use of social media: Videos

This website uses the YouTube embedding function to display and replay videos from the provider “YouTube”, which belongs to Google LLC., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”).
In this case, the advanced data protection mode is used, which, according to the provider, only initiates storage of user information after a video is replayed. If the replay of embedded YouTube videos is started, the provider “YouTube” uses cookies to collect information about the user’s behaviour. According to “YouTube”, this is only utilised to produce video statistics to improve user-friendly functionality and prevent activities of abuse. If you are logged into Google, your data are assigned directly to your account when you click on a video. If you do not desire assignment to your profile with YouTube, then you must log out before activating the button. Google saves your data (even in case of users who are not logged in) as a usage profile and evaluates this. In particular, an evaluation of this kind takes place according to Art. 6 Para. 1 lit. f GDPR on the basis of the justified interests of Google in displaying personalised advertising, market research, and/or needs-based design of its website. You enjoy the right to object to formation of this user profile, although you must direct your right to exercise objection at YouTube.
Independent of replay of embedded videos, every time this website is accessed, a connection to the Google network “DoubleClick” is initiated, which may entail further data processing procedures without influence on our behalf.
Google LLC is located in the USA and certified for the US-European data protection agreement “Privacy Shield”, which ensures adherence to the data protection level applicable in the EU.
Additional information about data protection at “YouTube“ is available to you in the provider’s data protection declaration at: https://www.google.de/intl/de/policies/privacy.

10) Online marketing

1) Use of Google AdWords Conversion Tracking

This website uses the online advertising program "Google AdWords" and conversion tracking within the scope of Google AdWords from Google LLC., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). We use the Google AdWords service to promote our attractive services with the help of advertising (so-called “Google AdWords”) on external websites. In relation to data in the advertising campaigns, we are able to determine how successful the individual advertising measures are. We therefore pursue the interest of displaying your advertising that could be of interest to you to make our website more interesting to you and to achieve a fair cost level for advertising.
The cookie for conversion tracking is used if a user clicks on an AdWords advertisement display by Google. Cookies are small text files that are stored on your computer system. Normally, these cookies lose validity after 30 days and are not used for personal identification. If the user visits certain pages of this website and the cookie has not expired, Google and we are able to detect that the user has clicked the display and has been forwarded to this page. Every Google AdWords customer receives a different cookie. Cookies are therefore not able to be followed via the websites of AdWords customers. Information collected with the help of the conversion cookie is used to create conversion statistics for AdWords customers, who have decided to use conversion tracking. Customers learn about the overall number of users, who have clicked on their advertising and have been forwarded to a page featuring conversion tracking. Nevertheless, they do not contain information that enable users to be identified personally. If you do not want to participate in tracking, you may block this usage by deactivating the cookie for Google conversion tracking in the user settings of your Internet browser. You will no longer be included in conversion tracking statistics. We use Google AdWords on the basis of our justified interests in targeted advertising according to Art. 6 Para. 1 lit. f GDPR.
Google LLC is located in the USA and certified for the US-European data protection agreement “Privacy Shield”, which ensures adherence to the data protection level applicable in the EU.
The Internet address below includes additional information about Google’s data protection provisions: http://www.google.de/policies/privacy/
You may deactivate cookies for advertising specifications by preventing the corresponding setting in your browser software or by downloading and installing the browser plug-in available via the following link: http://www.google.com/settings/ads/plugin?hl=de
Please note that certain functions of this website may be limited or may not be able to be used properly if you have deactivated the use of cookies.

2) Google AdWords Remarketing

Our website uses the functions of Google AdWords Remarketing, which enables us to advertise this website in Google search results and on third-party websites. The provider is Google LLC., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). For this purpose, Google places a cookie in the browser of your consumer device, which automatically enables interest-based advertising using a pseudonym cookie ID on the basis of the websites visited by you. Processing takes place on the basis of our justified interest in optimised marketing of our website as per Art. 6 Para. 1 lit. f GDPR.
Data processing beyond this shall only take place if you have agreed with Google that it may link your Internet and app browser history with your Google account and that information from your Google account may be used to personalise advertising that you see on the Internet. In this case, if you are logged into Google while you are visiting our website, Google uses your data together with Google Analytics data to create and define target group lists for remarketing processes between devices. For this purpose, your personal data are linked temporarily by Google with Google Analytics data to form target groups.
You may deactivate placement of cookies for advertising purposes permanently by downloading and installing the browser plug-in available via the following link: https://www.google.com/settings/ads/onweb/. Alternatively, you may inform yourself via the Digital Advertising Alliance at the web address www.aboutads.info about placement of cookies and make the corresponding settings. Ultimately, you may set your browser so that you are informed about placement of cookies and decided independently about their acceptance, the acceptance of cookies for specific cases, or exclude them in general. In case cookies are not accepted, the functionality of our website may be limited.
Google LLC is located in the USA and certified for the US-European data protection agreement “Privacy Shield”, which ensures adherence to the data protection level applicable in the EU.
Further information and the data protection provisions concerning advertising and Google are available for viewing here: http://www.google.com/policies/technologies/ads/.

3) Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of this website (including your IP address) is transmitted to a Google server in the USA and stored there. Google will use this information to evaluate your use of the website, to compile reports on website activity for website operators and to provide other services related to website activity and internet usage. Google may also transfer this information to third parties if required to do so by law or if third parties process this data on Google's behalf. Under no circumstances will Google associate your IP address with other Google data. You can prevent the installation of cookies by setting your browser software accordingly; we would like to point out to you however that in this case you can if applicable not use all functions of this website in full. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

You can object to the collection and use of your IP address by Google Analytics at any time with effect for the future. You can find more information on this at http://tools.google.com/dlpage/gaoptout?hl=de. 

Google LLC based in the USA is certified for the US-European data protection agreement "Privacy Shield", which ensures compliance with the data protection level applicable in the EU. You can check this at https://www.privacy

shield.gov/list. We would like to point out that on this website Google Analytics has been expanded to include the code "gat._anonymizeIp();" in order to ensure that IP addresses are recorded anonymously (so-called IP masking). You can read Google's terms of use at http://www.google.de/intl/de/policies/terms/regional.html 

You can find the additional terms of use for Google Maps at https://www.google.com/intl/de_US/help/terms_maps.html Detailed information on data protection in connection with the use of Google Maps can be found on the Google website ("Google Privacy Policy"): http://www.google.de/intl/de/policies/privacy/

4) Google Analytics Google Signals

As part of Google Analytics, we use the Google Signals extension, a service that enables so-called "cross device tracking" - i.e. comprehensive tracking of various end devices used by users. To do this, Google uses the data of users who are logged into a Google service when they visit our website and who have activated the "Personalized advertising" option in their Google account settings - which can be deactivated by the user at any time (https://adssettings. google.com/authenticated). The information retrieved in this way may include the user's location, search history, YouTube history and data from websites that work with Google and is used to provide aggregated and anonymous insights into user behavior across devices. Google Signals is only used with activated IP anonymization. Google does not make any specific user profiles accessible to us, but only statistics based on registrations and device types of all users who were logged into a Google account and carried out a conversion. More information on Google's terms of use and data protection principles is available at http://www.google.com/analytics/terms/de.html and at https://www.google.de/intl/de/policies/. We have concluded an order processing contract (AVV) with Google for the use of Google signals, which ensures that Google only processes the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR.

5) Online Marketing General

As part of promotional/advertising campaigns, data may be disclosed to third parties.

11) Tools and miscellaneous

1) Google reCAPTCHA

This website uses the reCAPTCHA function provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). In particular, this function is used to decide if input is completed by a natural person or abusively by a mechanical or automated process. The service includes provision of the IP address and other data required by Google for the reCAPTCHA service and takes place according to Art. 6 Para. 1 lit. f GDPR on the basis of our justified interest in determining individual intentions of activities on the Internet and to avoid abuse and spam.
Google LLC is located in the USA and certified for the US-European data protection agreement “Privacy Shield”, which ensures adherence to the data protection level applicable in the EU.
Additional information about Google reCAPTCHA and the data protection declaration of Google may be viewed here: https://www.google.com/intl/de/policies/privacy/.

2) Google Maps

This website uses the Google Maps (API) provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). Google Maps is a web service to display interactive maps for visual depiction of geographic information. Through the use of this service, your location is displayed to us to make directions to our location easier.
Upon accessing the sub-pages that are integrated with Google Maps, information about the use of our website (e.g. your IP address) are transferred to Google in the USA and stored there. This takes place independent of whether Google provides a user account that you are logged in to or if there is no user account. If you are logged into Google, your data are assigned directly to your account. If you do not desire assignment to your profile with Google, then you must log out before activating the button. Google saves your data (even in case of users who are not logged in) as a usage profile and evaluates this. In particular, an evaluation of this kind takes place according to Art. 6 Para. 1 lit. f GDPR on the basis of the justified interests of Google in displaying personalised advertising, market research, and/or needs-based design of its website. You enjoy the right to object to formation of this user profile, although you must direct your right to exercise objection at Google.
Google LLC is located in the USA and certified for the US-European data protection agreement “Privacy Shield”, which ensures adherence to the data protection level applicable in the EU.
If you do not agree with future transmission of your data to Google within the scope of usage of Google Maps, then you also have the option of completely deactivating the Google Maps web service by switching off the use of JavaScript in your web browser. Google Maps and the maps displayed on this webpage may no longer be used in this case.
The terms and conditions for using Google may be viewed at http://www.google.de/intl/de/policies/terms/regional.html, and the additional terms and conditions for using Google Maps are available at https://www.google.com/intl/de_US/help/terms_maps.html
Extensive information about data protection in the context of using Google Maps is available at Google’s own website (“Google Privacy Policy”): http://www.google.de/intl/de/policies/privacy/.

3) Google WebFonts

This website uses so-called ‘Web Fonts’ for consistent display of text, which are provided by Google LLC., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). Upon accessing a page, your browser loads the necessary web fonts in your browser cache to display text and fonts.
For this purpose, the browser you use must establish a connection with Google’s servers. In this case, Google acquires knowledge of your IP address used to access our website. Use of Google Web Fonts takes place in the interest of consistent and attractive display of our online services. This represents a justified interest in the context of Art. 6 Para. 1 lit. f GDPR. If your browser does not support Web Fonts, then your computer will use a standard font.
Google LLC is located in the USA and certified for the US-European data protection agreement “Privacy Shield”, which ensures adherence to the data protection level applicable in the EU.
Additional information about Google Web Fonts is available to you at https://developers.google.com/fonts/faq and in Google’s data protection declaration at: https://www.google.com/policies/privacy/.

12) Rights of affected persons

If your personal data are processed, then you are an affected person within the context of the GDPR, and you therefore enjoy the following rights vis-a-vis the responsible person:

1) Right of information

You may demand a confirmation from the responsible person about whether personal data that affects you are processed by us.
If processing is present, then you may demand information from the responsible person about the following information:

  • The purpose that personal data are being processed for;
  • The categories of personal data are being processed;
  • The recipients and categories of recipients that personal data affecting you were disclosed to or will be disclosed to;
  • The planned duration of storage of personal data affecting you or, if specific information about this is not possible, criteria for specifying the storage duration;
  • The right to initiate correction or deletion of personal data affecting you, the right to limitation of processing by the responsible person or the right to object against this processing;
  • The existence of the right to complain to a supervisory authority;
  • All available information about the origin of the data if personal data was not collected from the affected person;
  • The presence of automated decision making, including profiling according to Art. 22 Para. 1 and 4 GDPR and, at least in this case, descriptive information regarding the involved logic and the range and intended effects of processing of this kind relating to the affected person.

You have the right to demand information about whether the personal data affecting you is transmitted to a country located outside of the EU or to an international organisation. In this context, you may demand information concerning suitable guarantees according to Art. 46 GDPR in connection with transmission.

2) Right to correction

You have the right to correction and/or completion vis-a-vis the responsible person, provided the personal data affecting you is incorrect or incomplete. The responsible person must correct the data immediately.

3) Right to limitation of processing

On the following conditions, you may demand limitation of processing involving your personal data:

  • If you dispute the correctness of personal data affecting you for a duration that enables the responsible person to check the correctness of the personal data;
  • Processing is illegal and you reject deletion of personal data, and you instead demand limitation of the use of personal data;
  • The responsible person no longer needs the personal data for processing purposes, but they do nevertheless require it for enforcing, exercising, or defending legal claims, or
  • If you have initiated an objection to processing according to Art. 21 Para. 1 GDPR and it is still undetermined if the justified reasons on behalf of the responsible person outweigh your own reasons.

If processing the personal data affecting you is limited, then this data may only be processed (not including its storage) with your consent or to enforce, exercise, or defend legal claims or to protect the rights of another natural person or a legal person or for reasons involving an important public interest of the European Union or an individual member state.
If limitation of processing occurs according to the requirements indicated above, then you shall be informed by the responsible person before limitation is removed.

4) Right to deletion

a) Obligation to delete

You may demand that the responsible person immediately delete personal data affecting you, and the responsible person shall be obligated to delete this data immediately, provided one of the following reasons is applicable:

  • Personal data affecting you is no longer necessary for the purposes that they were collected for or were otherwise processed.
  • You withdraw your consent to processing based on Art. 6 Para. 1 lit. a or Art. 9 Para. 2 lit. a GDPR, and there is no other legal basis for processing.
  • You object to processing according to Art. 21 Para. 1 GDPR and there is no prioritised legal reason for processing or you object to processing according to Art. 21 Para. 2 GDPR.
  • The personal data affecting you were processed illegally.
  • Deletion of the personal data affecting you is required to fulfil a legal obligation according to EU laws or the laws of the member states that the responsible person is subject to.
  • The personal data affecting you were collected in relation to services offered by the information company according to Art. 8 Para. 1 GDPR.

b) Information to third parties

If the responsible person has made personal data affecting you public and if they are obligated to delete this according to Art. 17 Para. 1 GDPR, then he shall take appropriate measures in consideration of the available technology and the implementation costs, including measures of a technical nature, required to inform the person responsible for processing your personal data that you, the affected person, have requested deletion of all links to this personal data or copies or reproductions of your personal data.

c) Exceptions

The right to deletion is not present if processing is required

  • to exercise the right of free expression of opinion and information;
  • to fulfil legal obligations that require processing as subject to the laws of the European Union or the member states that the responsible person is subject to, to fulfil a task that is in the interest of the public, or to exercise public authority that has been transferred to the responsible person;
  • for reasons in the public interest in the area of public health according to Art. 9 Para. 2 lit. h and i, as well as Art. 9 Para. 3 GDPR;
  • for archival purposes in the public interest, scientific or historical research purposes, or for statistical purposes according to Art. 89 Para. 1 GDPR, provided the right indicated under section a) foreseeably make implementation of these goals impossible or seriously impair them, or
  • to enforce, exercise, or defend legal claims.

5) Right to reporting

If you have enforced the right to correction, deletion, or limitation of processing vis-a-vis the responsible person, then he shall be obligated to inform all recipients, who personal data affecting you were disclosed to, regarding correction or deletion of data or limited processing, unless this proves to be impossible or if this is connected with disproportionately high costs.
You have the right vis-a-vis the responsible person to be informed about these recipients.

6) Right to data transfer

You have the right to receive personal data affecting you that you have provided to the responsible person in a structured, conventional, machine-readable format. You also have the right to have this data transferred by the responsible person that the personal data was provided to another responsible person without hindrance, provided

  • processing involves consent according to Art. 6 Para. 1 lit. a GDPR or Art. 9 Para. 2 lit. a GDPR or another contract according to Art. 6 Para. 1 lit. b GDPR, and
  • processing takes place with the aid of automated processes.

By exercising this right, you also have the right to cause personal data affecting you to be transferred directly from one responsible person to another responsible person, provided this is technically feasible. Freedoms and rights of other persons may not be impaired by this.
The right to data transfer shall not apply to processing personal data that is required to fulfil a task that lies in the public interest or follows from exercising public authority that has been transferred to the responsible person.

7) Right of objection

Resulting from your own special situation, you have the right to object to processing personal data affecting you that takes place based on Art. 6 Para. 1 lit. e or f GDPR; this shall also apply to any profiling supported by these provisions.
The responsible person shall no longer process personal data affecting you, unless he is able to prove urgent reasons for processing worthy of protection, which outweigh your own interests, rights, and freedoms, or in case processing is required for enforcing, exercising, or defending legal claims.
If personal data affecting you are processed to promote direct advertising, then you have the right to object to processing personal data affecting you for advertising purposes of this kind; this shall also apply to profiling, provided this is done in connection with this kind of direct advertising.
If you object to processing for direct advertising purposes, then personal data affecting you will no longer be used for these purposes.
Within the context of use of the services of the information provider and notwithstanding Directive 2002/58/EC, you have the option of exercising your right to object via automated processes, which utilise technical specifications.

8) Right to withdraw your declaration of consent to legal data protection

You have the right to withdraw your declaration of consent to legal data protection at any time. By withdrawing your consent, the legality of processing that has taken place based on consent until its withdrawal shall not be affected.

9) Right to complain to a supervisory authority

Other legal administrative or judicial aids notwithstanding, you have the right to complain to a supervisory authority, particularly in the member state of your location, your place of work, or the location of the suspected violation, if you are of the opinion that processing personal data affecting you is in violation of the GDPR.
The supervisory authority that the complaint was submitted to shall inform the complaining party about the status and the results of the complaint, including the option to utilise judicial aids according to Art. 78 GDPR.
The supervisory authority responsible for our company is Bayerisches Landesamt für Datenschutzaufsicht, Promenade 27 (Schloss), 91522 Ansbach, Germany, tel. 0049 (0)981 53 1300, e-Mail poststelle@lda.bayern.de, Internet www.lda.bayern.de

 Platform of the EU Commission regarding online dispute resolution: www.ec.europa.eu/consumers/odr

Toplinks

KINSHOFER Canada
5040 Mainway Drive, Unit #11
Burlington, ON, L7L 7G5
Tel.: +1 (905) 335 2856
Fax: +1 (905) 335 4529
sales-northamerica@kinshofer.com

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