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I. Name and Address of the Controller
KBD Automation GmbH
Theodor- Heuss- Str. 80-86
51149 Cologne, Germany
Phone: +49 (0) 2203 183 69 00
Fax: +49 (0) 2203 183 69 01
Email: info@kbd-automation.de
Website: www.kbd-automation.de
II. Name and Address of the Data Protection Officer
Due to the small number of employees who handle personal data, a data protection officer is not required under current legal regulations. However, any data subject is welcome to contact us directly with questions or suggestions regarding data protection using the contact details provided above.
III. General Information on Data Processing
1. Scope of Processing of Personal Data
We process the personal data of our users only to the extent necessary to provide a functional website as well as our content and services. The processing of personal data is generally carried out only with the user’s consent. An exception applies in cases where obtaining prior consent is not possible for factual reasons and the processing of data is permitted by legal regulations.
2. Legal Basis for the Processing of Personal Data
Where we obtain the consent of the data subject for processing operations involving personal data, Art. 6(1)(a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
When the processing of personal data is necessary for the performance of a contract to which the data subject is a party, Art. 6(1)(b) GDPR serves as the legal basis. This also applies to processing operations required to carry out pre-contractual measures.
If the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6(1)(c) GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6(1)(d) GDPR serves as the legal basis.
If processing is necessary to protect a legitimate interest of our company or a third party, and if the interests, fundamental rights, and freedoms of the data subject do not override the former interest, Art. 6(1)(f) GDPR serves as the legal basis for processing.
3. Deletion and Storage Duration of Data
The personal data of the data subject will be deleted or blocked as soon as the purpose for storage no longer applies. Data may be stored beyond this period if required by European or national legislation in EU regulations, laws, or other provisions to which the controller is subject. Data will also be blocked or deleted when a legally mandated retention period expires, unless further storage is necessary for the conclusion or fulfillment of a contract.
IV. Email Contact
1. Description and Scope of Data Processing
It is possible to contact us via the provided email addresses. In this case, the personal data transmitted with the email will be stored.
There is no disclosure of this data to third parties. The data is used exclusively for processing the conversation.
2. Legal Basis for Data Processing
The legal basis for processing the data, if the user has given consent, is Art. 6(1)(a) GDPR. The legal basis for processing data transmitted in the course of sending an email is Art. 6(1)(f) GDPR. If the email contact is aimed at concluding a contract, an additional legal basis for processing is Art. 6(1)(b) GDPR.
3. Purpose of Data Processing
The processing of personal data is solely for handling the contact request. In the case of contact via email, this also constitutes the necessary legitimate interest in processing the data.
4. Duration of Storage
The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. For personal data sent via email, this is the case when the respective conversation with the user has ended. The conversation is considered ended when it can be inferred from the circumstances that the matter in question has been conclusively resolved.
5. Right to Object and Right to Erasure
The user has the right to withdraw their consent to the processing of personal data at any time. If the user contacts us via email, they may object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.
All personal data stored in the course of the contact will be deleted in this case.
VI. Rights of the Data Subject
If your personal data is being processed, you are considered a data subject under the GDPR and have the following rights with respect to the data controller:
1. Right of Access
You may request confirmation from the controller as to whether personal data concerning you is being processed.
If such processing is taking place, you may request the following information from the controller:
(1) The purposes for which the personal data is being processed;
(2) The categories of personal data being processed;
(3) The recipients or categories of recipients to whom the personal data concerning you has been or will be disclosed;
(4) The planned duration of storage of your personal data or, if specific information is not available, the criteria used to determine the storage period;
(5) The existence of a right to rectification or erasure of your personal data, a right to restriction of processing by the controller, or a right to object to such processing;
(6) The right to lodge a complaint with a supervisory authority;
(7) All available information about the origin of the data if the personal data was not collected from the data subject;
(8) The existence of automated decision-making, including profiling, pursuant to Art. 22(1) and (4) GDPR and—at least in these cases—meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
You also have the right to be informed whether your personal data is transferred to a third country or an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 GDPR relating to the transfer.
2. Right to Rectification
You have the right to request the rectification and/or completion of your personal data by the controller if the personal data being processed is incorrect or incomplete. The controller must make the correction without undue delay.
3. Right to Restriction of Processing
You may request the restriction of processing of your personal data under the following conditions:
(1) If you contest the accuracy of your personal data for a period enabling the controller to verify its accuracy;
(2) If the processing is unlawful and you oppose the erasure of the personal data and instead request the restriction of its use;
(3) If the controller no longer needs the personal data for the purposes of processing, but you require it for the establishment, exercise, or defense of legal claims; or
(4) If you have objected to processing pursuant to Art. 21(1) GDPR and it has not yet been determined whether the legitimate grounds of the controller override your interests.
If the processing of your personal data has been restricted, such data—apart from being stored—may only be processed with your consent or for the establishment, exercise, or defense of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of important public interest of the Union or a Member State.
If the restriction of processing has been imposed under the above conditions, you will be informed by the controller before the restriction is lifted.
4. Right to Erasure (“Right to be Forgotten”)
a) Obligation to Erase
You have the right to request that the controller delete personal data concerning you without undue delay, and the controller is obligated to delete this data immediately if one of the following reasons applies:
(1) The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed.
(2) You withdraw your consent on which the processing was based pursuant to Art. 6(1)(a) or Art. 9(2)(a) GDPR, and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21(2) GDPR.
(4) The personal data concerning you has been unlawfully processed.
(5) The erasure of your personal data is required to fulfill a legal obligation under Union or Member State law to which the controller is subject.
(6) The personal data concerning you was collected in relation to information society services offered pursuant to Art. 8(1) GDPR.
b) Notification to Third Parties
If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Art. 17(1) GDPR, the controller shall take reasonable steps, including technical measures, taking into account available technology and implementation costs, to inform other controllers processing the personal data that you, as the data subject, have requested the erasure of all links to, or copies or replications of, that personal data.
c) Exceptions
The right to erasure does not apply to the extent that processing is necessary:
(1) For exercising the right of freedom of expression and information;
(2) For compliance with a legal obligation that requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) For reasons of public interest in the area of public health pursuant to Art. 9(2)(h) and (i) and Art. 9(3) GDPR;
(4) For archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Art. 89(1) GDPR, insofar as the right referred to in section (a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(5) For the establishment, exercise, or defense of legal claims.
5. Right to Notification
If you have exercised your right to rectification, erasure, or restriction of processing against the controller, the controller is obligated to inform all recipients to whom your personal data has been disclosed about this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed by the controller about these recipients.
6. Right to Data Portability
You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used, and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that:
(1) The processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR; and
(2) The processing is carried out by automated means.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. The rights and freedoms of others must not be adversely affected by this.
The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
7. Right to Object
You have the right, on grounds relating to your particular situation, to object at any time to the processing of personal data concerning you which is carried out based on Art. 6(1)(e) or (f) GDPR; this also applies to profiling based on these provisions.
The controller will no longer process the personal data concerning you unless they can demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or the processing is for the establishment, exercise, or defense of legal claims.
If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing; this also applies to profiling to the extent that it is related to such direct marketing.
If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
You also have the option, in connection with the use of information society services—regardless of Directive 2002/58/EC—to exercise your right to object by automated means using technical specifications.
8. Right to Withdraw Consent under Data Protection Law
You have the right to withdraw your consent under data protection law at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
9. Automated Individual Decision-Making, Including Profiling
You have the right not to be subject to a decision based solely on automated processing—including profiling—that produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision:
(1) Is necessary for entering into or the performance of a contract between you and the controller;
(2) Is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
(3) Is based on your explicit consent.
However, such decisions must not be based on special categories of personal data referred to in Art. 9(1) GDPR unless Art. 9(2)(a) or (g) GDPR applies and appropriate measures have been taken to protect your rights and freedoms and legitimate interests.
In the cases referred to in (1) and (3), the controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express your point of view, and to contest the decision.
10. Right to Lodge a Complaint with a Supervisory Authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority—particularly in the Member State of your residence, place of work, or the place of the alleged infringement—if you believe that the processing of personal data relating to you infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant of the progress and outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.