Information for data subjects in accordance with Art. 13 of the GDPR
Data Privacy Policy in accordance with the legal requirements of Art. 13 of the GDPR. In the following data privacy statement, Koch Chemie GmbH shall provide you with information in compliance with Article 13 of the EU General Data Protection Regulation. We are pleased to fulfil this obligation and shall inform you transparently and in detail about how we handle personal data relating to you. The aim of the following information is to describe which data we process for which purpose and which rights you have in this respect.
Name and address of the data controller
The data controller within the meaning of the GDPR, or the applicable national data protection laws of the European Member States, and any other national provisions that concern data protection is:
Koch Chemie GmbH, Einsteinstraße 42, 59423 Unna,
represented by its Managing Directors, Vincent Bossert and Jérôme Couillaud
Telephone: +49 230398670
info@koch-chemie.de
Name and address of the Data Protection Officer
The Data Protection Officer for the data controller is:
Matthias Roth
Telefon: +49 230 398 670
info@koch-chemie.de
Processing personal data
Scope
In principle, personal data is only processed insofar as it is necessary. We shall obtain the consent of the users concerned in advance, provided that this is not impossible due to practical reasons and/or a legal premise applies which justifies the processing.
Legal basis for processing
If the processing is based on the consent obtained from the data subject, Art. 6 para. 1 letter a GDPR shall serve as the legal basis.
If the processing is based on a contract concluded with the data subject, Art. 6 para. 1 letter b GDPR shall serve as the legal basis. This also applies for pre-contractual measures upon the request of the data subject.
If the processing of personal data is required in order to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 letter c GDPR shall serve as the legal basis.
If the processing takes place because the vital interests of the data subject or another natural person render the processing of personal data necessary, Art. 6 para. 1 letter d GDPR shall serve as the legal basis.
If the processing is necessary in order to preserve a legitimate interest of our company or a third party and the interests, basic rights and basic freedoms of the data subject do not outweigh the interests of our company, Art. 6 para. 1 letter f GDPR shall serve as the legal basis.
Data erasure and storage period
If the purpose of processing ceases to apply, the data subject’s personal data shall be deleted or blocked. A retention obligation may also apply under European or national laws or other provisions.
Upon the expiry of any legal retention period as may apply, we shall delete the corresponding personal data immediately.
Customer data
We collect, store and process the personal data of our customers if, to the extent and for as long as this is required for the establishment, performance or termination of the contract.
The buyer’s personal data shall only continue to be collected, stored, processed and used if this is permitted or required by a legal provision or if the buyer has consented.
The collection, processing and use of data is required in order to execute pre-contractual measures and fulfil this contract on the basis of Art. 6 para. 1 letter b GDPR. Among other data, this includes names, consumer or business status, addresses, dates of birth and bank details.
The purpose of the data processing is to perform contractual services, process payments and deliver products and services that have been ordered contractually.
We shall only process your data for as long as is required in order to fulfil our obligations or if a legal retention obligation applies. Documentation is retained for the normal conduct of business for six and ten years at the longest, in accordance with the Commercial Code and General Fiscal Law.
Please note that, as permitted by law, we may review the buyer’s default risk for the purpose of making decisions on the establishment, performance or termination of the purchase contract.
In this context, certain probability calculations regarding predicted buyer behaviour are collected and processed. The buyer’s address information is also used to calculate this probability.
For the purpose of the verification, the seller shall commission services provided by credit agencies, e.g. SCHUFA Holding AG (Wiesbaden) or other third-parties and shall transmit data to these agencies or make enquiries with these agencies for this purpose.
The collection, processing and use of data for this purpose takes place on the basis of Art. 6 para. 1 letter b GDPR.
Therefore, the data of potential buyers may be transmitted to third parties if and insofar as this is required to execute pre-contractual measures and fulfil this contract (e.g. for logistics purposes, invoicing or customer service) in accordance with Art. 6 para. 1 letter b GDPR or to fulfil a legal obligation within the meaning of Art. 6 para. 1 letter c GDPR. If required, we may also forward this data to third parties, as permitted by law, for the purposes of debt enforcement in accordance with Art. 6 para. 1 letter b and/or f GDPR (e.g. debt collection agencies).
You may object to any use of your personal data for the necessary performance of a task that is in the public interest or connected with the exercise of official authority which has been assigned to the seller, or for the necessary preservation of our legitimate interests or those of a third party at any time by sending an informal notice to us in accordance with Art. 21 para. 1 GDPR. If it is proven that there are no outweighing compelling reasons for the use of data, we shall no longer use the data concerned for these purposes upon receipt of the objection.
You may also object to any use of your personal data for the purposes of direct advertising at any time by sending an informal notice to us, free of charge, in accordance with Art. 21 para. 2 GDPR. Upon receipt of the objection, we shall no longer use the data concerned for these purposes.
Website and log files
Description and scope of the processing of personal data
Once the data subjects open our website, some data regarding the system visiting the website is collected automatically. The data subject is hereby informed of which data this concerns:
Browser type and version, operating system, service provider, IP address, date and time of access, website of origin (last address accessed), exit pages
This data is also stored in log files on our computer systems. The data is not merged with other user personal data in this context.
This data is also stored in log files on our computer systems. IP addresses or other data that could identify users is not stored. The data is also not merged with other user personal data in this context.
Legal basis for the processing of data
The legal basis for the storage of data and log files is Art. 6 para. 1 letter f GDPR.
Purpose of processing
The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.
Storage in log files takes place to ensure the functionality of the website. Furthermore, the data allows us to optimise the website and ensure the security of our information technology systems. The data is not analysed for marketing purposes in this context.
These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 para. 1 letter f GDPR. The standard also provides the legal basis for processing.
Duration of storage
The data is deleted as soon as it is no longer required in order to achieve the purposes for which it was collected. In the event of data collection for the provision of the website, means when the respective session has ended. Otherwise, we shall only process your data for as long as is required in order to fulfil our contract with you, or if any legal provisions obligate us to do so.
In the event that data is stored in log files, it is deleted after seven days at the latest. Further storage is possible. In this case, the IP addresses of users are deleted or distorted so that they can no longer be allocated to the client visiting the website.
Option to object or request disposal
As the data collected is absolutely necessary for the functionality and operation of the website, the user does not have the option to object or request disposal.
Making contact and using the portal
If you contact us electronically or use our portal, the data that you enter into the particular screen is collected.
Furthermore, the user’s IP address and the date and time of the enquiry are stored.
For the processing of services, this may include the collection of names, address, company, email address, or other data in isolated cases, provided that this data is necessary to process the contract.
During the dispatch process, your consent to data processing is obtained and you are referred to this data privacy statement.
If you send us an email, personal data that you disclose in the message is stored.
Processing only takes place for the purpose of communicating with you. If you use the portal, the data is processed in order to manage your access and to offer services.
The legal basis for processing with the user’s consent is Art. 6 para. 1 letter a GDPR.
With regard to data that has been transmitted with a message, Art. 6 para. 1 letter f GDPR shall serve as the legal basis. If contact is made for the purpose of pre-contractual initiation of a contract, Art. 6 para. 1 letter b GDPR also serves as the legal basis for processing. If you order services through the portal, the legal basis is Art. 6 para 1 letter a GDPR.
The personal data that you enter is only used to contact you. If you register on our portal, we use the data to allocate your access to you and to ensure the functionality of the portal. Therefore, this also constitutes the necessary legitimate interest in processing.
If other data is transmitted during contact that may allow personal identification, this serves to prevent misuse of the contact portal and secure the system.
We shall immediately delete the data if the aforementioned purposes of data processing have been fulfilled. Regarding the data from the online portal, we shall immediately delete the data upon expiry of legal retention periods.
If you enter personal data into the contact form or send us an email, the purpose is fulfilled when our correspondence ends because your issue has been definitively resolved.
The personal data collected for security reasons is deleted after a week.
You have the right to revoke your consent at any time without stating reasons. You may also object to the storage of your data in the case of communication by email. In this case, further contact is no longer possible on our part. You may send the objection to us in any form, including by contacting the Data Protection Officer listed above.
Cookies
The use of our website is possible with the help of so-called cookies. These are text files which are stored in your web browser and system. If the website is opened, such a cookie may be installed in the system and browser. It contains information that enables the identification of the exact browser when the same website is opened again.
Cookies are used to make our website better and clearer for you. This concerns, for example, items in the shopping basket or log-in information. Cookies also enable the analysis of the navigation of our website. What you search for, how often you open which websites or which products you use may also be recorded. This data is not linked with other data relating to you. Furthermore, the data is pseudonymised so that you can no longer be assigned.
The legal basis for the processing of personal data using cookies is Art. 6 para. 1 letter f GDPR.
We would like to explain the purpose of cookies. Technically necessary cookies serve to simplify the use of the website. The display of some parts of our website may not be possible otherwise. It may also be necessary that your browser is recognised so that the applications on our website work.
The analytical functions serve to help us to improve the quality of our digital product. Using these cookies, we can learn more about the use of our products in order to continuously develop and optimise them.
The aforementioned purposes constitute our legitimate interests in processing in accordance with Art. 6 para. 1 letter f GDPR.
Because the cookies are stored on your system and transmit data to us, you can decide whether you want this to happen. You can prevent cookies by changing the settings in your browser. Cookies can also be deleted – even automatically – at any time using your browser settings. However, this means that you may no longer be able to use some of the functions on our website.
Google Analytics
We have installed a plug-in with functions of the web analytics service, Google Analytics, on our website. Google Analytics is provided by Google Inc., 1600 Ampitheatre Parkway Mountain View, CA 94043, USA.
The software enables the analysis of navigation on the website. What you search for, how often you open which websites or which products you use may also be recorded. This data is not linked with other data relating to you. Furthermore, the data is pseudonymised so that you can no longer be assigned.
The legal basis for the processing of personal data using cookies is Art. 6 para. 1 letter f GDPR.
The analysis functions help us to improve the quality of our digital product. Using these functions, we can learn more about the use of our products in order to continuously develop and optimise them.
The aforementioned purposes constitute our legitimate interests in processing in accordance with Art. 6 para. 1 letter f GDPR.
Data is stored that enables your use of the website to be analysed. The usage data is transmitted to a Google server in the USA and stored, amongst other things.
For your protection, we use the possibility to anonymise IP addresses, so that your IP address is shortened by Google within the Member States of the European Union or in other contracting states to the Agreement on the European Economic Area before it is transmitted to the United States of America. Google also complies with the regulations of the Privacy Shield. More information on the Privacy Shield can be found at
privacyshield.gov
In rare cases, the unshortened IP address may be transmitted to a Google server in the USA and shortened there. On our behalf, Google analyses information on the use of the website in order to create an overview of website activities and provide us with other web-related services. Google does not merge your IP address with other data.
You can prevent the storage of cookies by changing the settings of your browser. However, this may lead to restrictions in the functionality of the website.
Another way to prevent Google from processing the data that is generated by the cookie and relates to your use of the website, is to click the following link and then download and install the browser plug-in available:
https://tools.google.com/dlpage/gaoptout?hl=de
Furthermore, you can prevent processing by Google Analytics by clicking the following link. In this case, a so-called opt-out cookie is placed on your system. This prevents the processing of your data when visiting our website in the future.
Deactivate Google Analytics
If you would like more information, please see the Google Data Privacy Policy regarding the Analytics software at: https://support.google.com/analytics/answer/6004245?hl=de
Making contact through Facebook
We would like to inform you that we use the option to make contact through Facebook. Facebook Inc. is based at 1601 S. California Ave, Palo Alto, CA 94304, USA. If you visit our website, you can contact us using our Facebook page. We do not receive any information from Facebook, other than the message that you send to us and the personal data you transmit through this channel.
Please see the information above regarding making contact.
We are not responsible for data that you transmit to Facebook. Please see the Facebook Privacy Policy in this respect. The data protection information by Facebook provides more information on this topic, especially regarding the collection and use of data by Facebook, your rights in this respect and the options to change your settings to protect your privacy.
Blog
If you use our blog, the data that you enter into the respective screen and the respective comment line is collected.
We would like to explicitly request that you do not publish any third-party data, especially if the rights and freedoms of the data subject would be endangered by this.
Furthermore, we request that you do not publish any kind of sensitive information, including personal data that identifies racial and ethnic origin, political opinions, religious or ideological views or union affiliation, as well as genetic data or biometric data that could clearly identify a natural person, health information or data regarding the sex life or sexual orientation of a natural person.
We monitor compliance with the Nettiquette rules. We request that you do not offend any other users or express abusive criticism beyond the permitted freedom of expression.
If the freedoms and rights of third parties that should be protected are threatened, the comment may be deleted or blocked.
The user’s IP address and the date and time of the comment may also be recorded.
During registration onto the blog, your consent is obtained for the processing of data and you are referred to this data privacy statement.
If you use the blog function, personal data that you enter in comments and the name field is stored.
The processing is carried out for the display and function of the blog, as well as for the purposes of enabling the exchange of experiences about our products. The blog serves as a form of communication between us and you and between you and other users. We will try to use your experiences to improve our products and services and for mutual benefit. The data is not used in any other way.
The legal basis for processing with the user’s consent is Art. 6 para. 1 letter a GDPR.
Regarding data that has been transmitted within a comment, Art. 6 para. 1 letter f GDPR shall serve as the legal basis. If you use the blog to make contact with us, this is considered a pre-contractual initiation of a contract. The legal basis for processing is then also Art. 6 para. 1 letter b GDPR.
The personal data that you enter is only used for the aforementioned purposes. These purposes also constitute our necessary legitimate interest in processing.
If you transmit other data that may allow personal identification, this serves to prevent misuse of the blog and to secure the system.
We shall immediately delete the data once the aforementioned purposes of data processing have been fulfilled.
If you enter personal data in the blog, the purpose is considered fulfilled if our post is no longer considered current. This is generally after three years at the latest.
The personal data collected for security reasons is deleted after a week.
You have the right to revoke your consent at any time without stating reasons. Your comments shall be deleted, provided that there is no legal retention obligation.
You also have the right to object to processing. You may send us the objection in any form, including by contacting the Data Protection Officer named above.
Rights of the data subject
If your personal data is processed, you are the so-called data subject within the meaning of the GDPR. In this case, you have the following rights in respect the data controller, including the right to confirmation of the negative if we have not stored any information about you.
Right to information
In addition to information on whether data concerning you has been stored, you also have a general right to information. If your personal data is processed, you may request information on the following:
According to the legal wording of Art. 15 GDPR, we will provide information, upon request, on the purposes for which the personal data is processed; the categories of personal data which are processed; the recipients or categories of recipients that have been or will be disclosed; the personal data relating to you; the planned duration of storage of the personal data relating to you or, if specific information on this duration cannot be given, the criteria for the determination of the storage period; furthermore, we shall indicate the existence of the right to rectification or erasure of the personal data relating to you, the right to the restriction of processing by the data controller, or the right to object to this processing; the right to file a complaint with a supervisory authority; all available information on the origin of the data if the personal data was not collected from the data subject; and if applicable, the existence of automated decision-making, including profiling, in accordance with Art. 22 para. 1 and 4 GDPR and, at least in these cases, significant information on the logic involved and the implications and desired effects of such processing for the data subject.
You also have the right to information on whether your personal data is transmitted to a third-party country or to an international organisation. If this is the case, we shall inform you of the suitable guarantees in place for the transmission in accordance with Art. 46 GDPR.
Right to rectification
The right to rectification and the new right to completion is guaranteed if personal information relating to you is incorrect or incomplete. The rectification shall be made immediately, that is to say, without culpable delay on our part.
Right to the restriction of processing
You have the right to the restriction of processing. In this case, your data shall then only be stored and shall no longer be used further. In accordance with the legal wording, you may assert this right if you contest the accuracy of the personal data relating to you for a period that allows the data controller to review the accuracy of the personal data; the processing is unlawful and you refuse the deletion of the personal data and request the restriction of the use of personal data instead; if the data controller no longer requires the personal data for the purposes for which it was processed, but does require the data for the assertion, exercise or defence of legal claims, or if you have filed an objection to the processing in accordance with Art. 21 para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the data controller outweigh your reasons.
With the exception of the purposes of storage mentioned previously, if the processing of your personal data has been restricted, this data may only be processed further with your consent, for the assertion, exercise or defence of legal claims, to protect the rights of another natural or legal person, or for reasons of substantial public interest of the European Union or of a Member State.
If the data needs to be used again, the restriction of the processing shall be lifted and you shall be informed.
Right to erasure
You have the right to the erasure of your data if one of the following cases applies. We shall immediately delete personal data relating to you if this data is no longer necessary for the purposes for which it was collected or processed in any other way, if you revoke the consent upon which the processing was based in accordance with Art. 6 para. 1 letter a or Art. 9 para. 2 letter a GDPR and there is no other legal basis for processing. If you file an objection to processing in accordance with Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you file an objection to the processing in accordance with Art. 21 para. 2 GDPR. If the personal data relating to you has been processed unlawfully. If the erasure of the personal data relating to you is required in order to fulfil a legal obligation in accordance with European Union law or the law of the Member States to which the data controller is subject. If the personal data relating to you has been collected with regard to information society services offered in accordance with Art. 8 para. 1 GDPR.
Right to be forgotten
If the controller has made personal data relating to you publically available and they are obligated to delete this data in accordance with Art. 17 para. 1 GDPR, they shall take the appropriate measures, considering the technology available and implementation costs, including measures of a technical nature, to inform the processors responsible for the processing of the personal data, that the data subject has requested that they delete all links to this personal data or copies or replications of this personal data.
Exceptions to the right to erasure
The right to erasure may be restricted. This is case if the data is required for the following purposes: Namely, according to the wording of the law, to exercise the right to free expression and information; to fulfil a legal obligation to which the controller is subject and which requires the processing in accordance with European Union law or the law of the Member States, or to carry out a task that is in the public interest or connected with the exercise of official authority that has been assigned to the controller; for reasons of significant public interest in the area of public health in accordance with Art. 9 para. 2 letter h and i as well as Art. 9 para. 3 GDPR; for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 GDPR, provided that the law mentioned in section a) is likely to render the achievement of the goals of this processing impossible or significantly impaired; or for the assertion, exercise or defence of legal claims.
Right to notification
If you exercise the right to rectification, erasure or restriction of processing as the data subject, we are obligated as the data controller to inform each recipient to which the corresponding personal data has been disclosed, of the assertion of the right to rectification, erasure of data or the restriction of processing by the data subject. However, this shall not apply if this proves impossible or is linked with a disproportionate amount of effort.
You have the right to be notified of these recipients by the data controller.
Right to data portability (data transferability)
As the data subject, you have the right to request the personal data relating to you that you have given to a data controller in a structured, accessible and machine-readable format.
In addition, you have the right to send this data to a third-party of your choice. The data controller shall not prevent you from transferring the data to a new data controller if the processing is based on consent in accordance with Art. 6 para. 1 letter a GDPR or Art. 9 para. 2 letter a GDPR or if it is based on a contract in accordance with Art. 6 para. 1 letter b GDPR and the processing takes place using automatic processes.
Insofar as this is technically feasible and does not impair the freedoms and rights of other persons, you also have the right to have your personal data directly transmitted from the original data controller to the new data controller.
However, the right to data portability does not apply in all cases. This is the case if the processing of your personal data is required to carry out a task that lies in the public interest or is connected with the exercise of official authority that has been assigned to the data controller.
Right to object
You have the right to object to processing in various situations. You are therefore hereby notified that you have the right to file an objection with the controller at any time to the processing of the personal data relating to you that has been carried out on the legal basis of Art. 6 para. 1 letter e or f GDPR; the same applies for profiling. In this case, the personal data of the data subject shall no longer be processed unless the data controller can prove compelling reasons that outweigh your interests, rights and freedoms as the data subject. The processing may also continue to be carried out if it is required for the assertion, exercise or defence of legal claims.
In relation to the processing of your personal data for direct advertising, you also have the right to file an objection to processing for such advertising at any time.
The same applies for profiling if it is connected with such direct advertising.
If you object to processing for direct advertising purposes, the personal data relating to you shall no longer be processed for such purposes.
In connection with the use of information society services, you have the right to object using automatic processes for which technical specifications are used. The regulations of Directive 2002/58/EC and your rights in this respect shall remain unaffected by this.
Right to withdraw your declaration of consent in accordance with data protection regulations
You have the right to withdraw your consent at any time without stating reasons. In principle, the withdrawal shall apply only with effect for the future. This means that, by withdrawing the declaration of consent, the processing carried out until the withdrawal shall remain lawful.
Automated individual decision-making, including profiling
You have the right not to be subjected to decisions based solely on automated processing, to the extent that it has a legal effect on you or significantly affects you in similar ways. This also applies to profiling. An exception is made if the decision is required for the conclusion or fulfilment of a contract between you and the data controller, if it is permissible on the basis of legal provisions of the European Union or the Member States to which the data controller is subject and these legal provisions contain suitable measures to safeguard your rights, freedoms and legitimate interests or if it is carried out on the basis of your express consent.
These decisions may not be based on particular categories of personal data in accordance with Art. 9 para. 1 GDPR or on so-called sensitive data if Art. 9 para. 2 letter a or g GDPR do not apply and suitable measures to protect your rights, freedoms and legitimate interests have been taken.
Regarding the instances referred to in the two preceding paragraphs, the controller shall take suitable measures to protect your rights, freedoms and legitimate interests. This includes the right to have someone intervene on the part of the data controller, the right to present your opinion and the right to contest the decision as a minimum.
Right to file a complaint with a supervisory authority
You have the right to file a complaint with a supervisory authority. The supervisory authority that is responsible for you is that of your place of residence. In addition, you have the right to pursue any other legal remedies before administrative or civil courts.
The supervisory authority to which you have filed your complaint shall inform you of the current status of the results and indicate any possible legal remedies you may pursue.
We hope that we have provided you with clear and satisfactory information through this Privacy Policy. If you have any questions regarding our data processing, our Data Protection Officer as named above will be pleased to hear from you at any time.