Data Privacy Statement
Kerschgens Werkstoffe & Mehr GmbH ("Kerschgens") welcomes you to our website. We care about protecting your privacy and personal information when you visit our web pages. The statement below describes in detail the types of personal data we collect during your visit and how we use this information.
This Data Privacy Statement may be amended from time to time to accommodate new statutory requirements or changes to our internal processes, so please check in regularly to stay up to date. You can view, save and print this statement at any time by clicking on Data Privacy Statement.
§ 1 Controller and area of application
The Controller within the meaning of the EU General Data Protection Regulation ("GDPR") and other national data protection laws of the member states and associated regulations is:
Kerschgens Werkstoffe & Mehr GmbH
Phone: +49 (0)2402/1202-0
This Data Privacy Statement applies to the web presence of Kerschgens Werkstoffe & Mehr GmbH, which can be viewed under the domain www.kerschgens.de and the associated subdomains ("our website").
§ 2 Data Protection Officer
The Controller's external Data Protection Officer is:
Herr Rechtsanwalt Dr. Karsten Kinast, LL.M.
KINAST Rechtsanwaltsgesellschaft mbH
Phone: +49 (0)221 – 222 183 – 0
§ 3 Principles of data processing
Personal information is any information that refers to an identified or identifiable natural person. It may include the person’s name, age, address, telephone number, date of birth, e-mail address, IP address or user behavior. Information that cannot be used to identify you (or where such identification would require unreasonable effort), e.g. because it has been anonymized, is not regarded as personal information. Any processing of personal information (such as its collection, polling, use, storage or transmission) requires a basis in law ("statutory basis") or your explicit consent. Personal information that has been processed is deleted as soon as the purpose of processing has been achieved, provided that we are not required by law to store such data.
With regard to the personal information that we process in order to provide certain services, the following sections inform you about the concrete instances, scope and purpose of data processing, as well as about the statutory basis and the storage period in each case.
§ 4 Instances of data processing
1. Website provision and use
a. Type and scope of data processing
When you view and use our website, we collect the personal information that is automatically transmitted to our server by your browser. This information is saved temporarily in a so-called log file. When you use our website, we will collect the following data, which we need to display our website for you and to ensure its security and stability:
• IP address of the accessing computer
• Date and time of access
• Name and URL of the accessed file
• Website from which our website is accessed (referrer URL)
• Browser and, where appropriate, your computer's operating system and the name of your access provider
b. Statutory basis
The processing of information as described above is based on Art. 6 Par. 1 lit. f GDPR. This form of data processing is necessary for the provision of a website, and hence serves to protect a legitimate interest of our company.
c. Storage period
The data is deleted as soon as it is no longer required to display the website. We would not be able to operate our website without collecting such data or storing it in log files. That is why users may not object to this use of their personal information. The data may be stored for longer periods of time where this is required by law.
2. Contact form
a. Type and scope of data processing
On our website, we have provided a contact form that you can use to get in touch with us. When you send us a request via this form, you will be referred to this Data Privacy Statement and asked for your consent to the processing of the following personal information:
• E-mail address
• Form of address, first name, last name
• Full mailing address
• Telephone number
We use your e-mail address to identify your request and respond to it. The personal information provided via the contact form will not be passed on to third parties.
b. Statutory basis
The processing of data as described above (see § 2 a.) for the purpose of communication is based on Art. 6 Par. 1 lit. a GDPR and the following voluntary declaration of consent:
Declaration of consent:
By filling in the contact form and clicking on "Send", I consent to the processing of my e-mail address and the other personal information provided, which Kerschgens needs to respond to my request.
I am aware that I may withdraw my consent to the collection of personal data through the contact form at any time.
c. Storage period
As soon as your request has been processed and the underlying issue resolved, we will delete the personal information that you provided via the contact form. The data may be stored for longer periods of time where this is required by law.
§ 5 Transmission of data
We will only transmit your personal information to third parties if:
• You have given your explicit consent in accordance with Art. 6 Par. 1 Cl. 1 lit. a GDPR
• Such transmission is permitted by law and required to fulfill our contractual duties towards you as per Art. 6 Par. 1 Cl. 1 lit. b GDPR
• Such transmission is required by law in accordance with Art. 6 Par. 1 Cl. 1 lit. c GDPR
• Such transmission is required to defend legitimate interests of our company and to establish, exercise or defend legal claims and there is no reason to assume that you have an overriding legitimate interest that would prohibit the transmission of your data, in accordance with Art. 6 Par. 1 Cl. 1 lit. f GDPR.
a. Type and scope of data processing
The various types and functions of the cookies on our website are explained below.
Our website uses persistent cookies. These cookies are stored in your browser for extended periods of time and transmit information to us. The storage period depends on the cookie. You can delete persistent cookies in your browser settings.
Persistent cookies help us analyze your use of our website and improve site performance and functionality. For instance, they tell us how our website is used by visitors, which pages are viewed most often and whether error messages are displayed on certain pages.
b. Statutory basis
In view of the purpose described in § 6 a., the statutory basis for the processing of personal information using cookies is Art. 6 Par. 1 lit. f GDPR.
c. Storage period
The information transmitted to us via cookies is deleted as soon as it is no longer required for the aforementioned purposes. The data may be stored for longer periods of time where this is required by law.
d. Changing your browser settings
Most browsers accept cookies by default. However, you can change your browser settings to prevent the acceptance of cookies or to allow only certain cookies. Please note that if you change your browser settings to deactivate cookies, you may no longer be able to use all functions of our website. In your browser settings, you can also delete cookies that have already been saved in your browser or view their storage period. You can also adjust your browser settings to notify you before cookies are saved. Browser functions may differ from one browser to the next, so please use the help menu of your browser to find out how you can change settings. If you want a detailed overview of all instances of browser access by third parties, we recommend installing plug-ins developed specially for this purpose.
§ 7 Tracking and analytics tools
We use tracking and analytics tools to continuously optimize our website and ensure that it meets users' requirements. Tracking also allows us to create statistics about website use and to leverage this information to further improve your experience. Based on these interests, our use of the tracking and analytics tools described below is legitimate pursuant to Art. 6 Par. 1 Cl. 1 lit. f GDPR. If you have accepted cookies based on a notice (cookie banner) published by us on the website, legitimacy is also governed by Art. 6 Par. 1 Cl. 1 lit. a GDPR. The following description of tracking and analytics tools also provides information about the purposes of data processing and the type of data processed.
1. Google Analytics
This website uses Google Analytics, a web analytics service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA (“Google”). Google Analytics employs “cookies” – text files that are saved on your computer and allow the service to analyze your use of our website.
The information generated by these cookies, including the time, place and frequency of use of our website, will generally be transmitted to and stored by Google on a server in the United States. When Google Analytics is active, the cookies used by Google Analytics may collect other personal information besides your IP address. Please note that Google may transmit this information to third parties if required by law or if the information is processed by third parties on behalf of Google.
Google will use the information generated by cookies on our behalf to evaluate your use of the website, compile reports on website activity, and provide other services to us that relate to website activity and Internet usage. Google has stated that it will not associate the IP address transmitted under Google Analytics by your browser with other data held by Google.
There is a chance that the cookies used by Google Analytics may collect other personal information besides your IP address. You may prevent Google Analytics from recording the data pertaining to your use of the website and transmitting it to Google Analytics by downloading and installing the browser plug-in available through the following link: tools.google.com/dlpage/gaoptout.
This plug-in will prevent information about your visit of the website from being transmitted to Google Analytics. The plug-in will not prevent other analyses of user behavior.
Please note that you will not be able to use the above browser plug-in if you visit our website using the browser of a mobile device (smartphone or tablet). If you access our site through a mobile device, you can prevent Google Analytics from collecting your information by clicking on the following link: Activate now.
This will install a so-called opt-out cookie in your browser. The opt-out cookie prevents the transmission to Google Analytics of information pertaining to your use of the website. Please note that the opt-out cookie is only valid for this browser and this domain. If you delete the cookies in this browser, the opt-out cookie will be deleted as well. If you still want to prevent Google Analytics from collecting data about you, you must click on the link again. You can also use the opt-out cookie as an alternative to the plug-in when accessing the website through the browser on your computer.
In order to ensure maximum protection of your personal information, we have extended Google Analytics on this website by the code “anonymizeIp”. This code deletes the last 8 bits of an IP address to anonymize it (this is known as IP masking). With this extension, Google will shorten, and thereby anonymize, your IP address before transmission in member states of the European Union or other signatory states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.
This website uses Google Maps API to visualize geographical information. When you use Google Maps, Google will collect, process and use data pertaining to your use of the map functions. Please see Google's data privacy statement for more information about how Google processes your data. You can change your personal privacy settings in the Google Safety Center. There you will find detailed instructions on how to manage your data privacy in connection with Google products.
We need your consent to use Matomo on our website.
You may refuse all cookies by selecting the appropriate settings in your browser. However, please note that if you do this you may not be able to use the full functionality of this website.
If you do not agree with the storage and analysis of your data, you can use the link below to object and withdraw your consent at any time. If you do so, an opt-out cookie will be saved in your browser that prevents Matomo from collecting session data.
Your use of this website is currently being tracked by Matomo. Click here to deactivate tracking.
§ 8 Hyperlinks
Our website contains so-called hyperlinks leading to websites of other operators. When you activate these hyperlinks, you will be redirected from our website directly to the websites of these operators. You can see this by the change of URL. We cannot accept responsibility for data confidentiality on third-party websites, as we have no influence on these operators' data protection policies. Please read the appropriate data privacy information that is available on these websites.
§ 9 Your rights
As the data subject, you have the following rights under the GDPR:
• According to Art. 15 GDPR you may demand to be informed about personal data that is processed by us. In particular, you may demand information about the purposes of data processing, the categories of personal data concerned, the categories of recipients to whom your information was or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing and a right to object, the existence of a right to lodge a complaint with a supervisory authority, the source of your information (if it was not collected by us), any transmission to third countries or international organizations and the existence of automatic decision-making including profiling and, where applicable, demand substantive information about the details of such data processing.
• Pursuant to Art. 16 GDPR you may demand immediate rectification of incorrect data or the completion of personal information held by us.
• Art. 17 GDPR gives you the right to demand the erasure of personal information held by us if the processing of said information is not required to exercise the right of free expression and information, to fulfill a legal obligation, for reasons of public interest or to establish, exercise or defend legal claims.
• According to Art. 18 GDPR you can demand that processing of your personal information be restricted if you contest the accuracy of the information, processing is unlawful, we no longer need the information and you oppose its erasure because you need it to establish, exercise or defend legal claims. You also have this right under Art. 18 GDPR if you have objected to the processing of your data in accordance with Art. 21 GDPR.
• Art. 20 GDPR allows you to demand the transmission of the personal information you provided to you or another person in a structured, commonly used and machine-readable format.
• According to Art. 7 Par. 3 GDPR you may withdraw your consent to the processing and use of your information at any time. In this case, we can no longer process your data, as this processing is only permitted with your consent.
• Pursuant to Art. 77 GDPR, you have the right to lodge a complaint with a supervisory authority. Generally, you can address such complaints to the authority at you place of residence, your place of work or our registered office.
§ 10 Right to object
If our processing of your personal data is based on our legitimate interests, in accordance with Art. 6 Par. 1 Cl. 1 lit. f GDPR, you may object to this processing under Art. 21 GDPR on grounds relating to your particular situation; you may also object to the use of your information for the purpose of direct marketing. In the latter case, you have a general right to object that will be implemented by us even if you do not provide any particulars about your situation.
§ 11 Data security and safety measures
We are committed to protecting your privacy and treating your personal information confidentially. To prevent any manipulation, loss or abuse of the data held by us, we have put in place comprehensive technical and organizational safety measures that are regularly reviewed and adjusted to account for technological advancements. These measures include the use of recognized encryption methods (SSL). However, please note that due to the design of the Internet, other persons or institutions outside our sphere of responsibility may not observe data protection rules or the aforementioned safety measures. In particular, information that is transmitted without encryption – for instance by e-mail – may be read by third parties. We have no technical means to prevent this. Every user is responsible for using encryption or other means of protecting their personal information against abuse.
Stand: April 2020