Privacy Policy

§ 1 General

Your personal data (e.g. title, name, address, e-mail address, telephone number) will only be processed by us in accordance with the provisions of German data protection law and the data protection law of the European Union (EU). In addition to the processing purposes, legal bases, recipients and storage periods, the following provisions also inform you about your rights and the party responsible for your data processing. This privacy policy only applies to our websites. If you are redirected to other sites via links on our pages, please inform yourself there about the respective handling of your data.

§ 2 Establishing contact

(1) Purpose of processing

We process the personal data you provide to us by e-mail, contact form, etc. to answer and process your inquiries. You are not obliged to provide us with your personal data. However, we cannot reply to you by e-mail without your e-mail address.

(2) Legal bases

a) If you have given us your express consent to process your data, Art. 6 (1a) GDPR is the legal basis for this processing.

b) If we process your data to carry out pre-contractual measures, Art. 6 (1b) GDPR is the legal basis.

c) In all other cases (in particular when using a contact form), Art. 6 (1f) GDPR is the legal basis.

RIGHT TO OBJECT: You have the right to object, on grounds relating to your particular situation, at any time to data processing which is based on Article 6(1)(f) GDPR and which is not for direct marketing purposes.

In the case of direct advertising, however, you can object to the processing at any time without giving reasons.

(3) Legitimate interest

Our legitimate interest in processing is to communicate with you quickly and to respond to your inquiries in a cost-effective manner. If you provide us with your address, we reserve the right to use it for direct postal advertising. You can protect your interest in data protection by passing on data sparingly (e.g. using a pseudonym).

(4) Categories of recipients

Hosting provider, mailing service provider for direct advertising

(5) Storage period

Your data will be deleted when it can be inferred from the circumstances that your request or the matter in question has been conclusively clarified.

However, if a contract is concluded, we will retain the data required under commercial and tax law for the periods specified by law, i.e. regularly ten years (see Section 257 HGB, Section 147 AO).

(6) Right of withdrawal

In the case of processing based on your consent, you have the right to withdraw your consent at any time.

§ 3 Comments

(1) Purpose of processing

It is possible to write a comment. Your data (e.g. name/pseudonym, e-mail address, website) will then only be processed for the purpose of publishing your comment.

(2) Legal basis

The legal basis for this processing is Art. 6 (1) f) GDPR.

(3) Legitimate interest

Our legitimate interest is the public exchange of user opinions on certain topics and products. Publication serves, among other things, transparency and opinion-forming. Your interest in data protection is safeguarded, as you can publish your comment under a pseudonym.

(4) Storage period

There is no specific storage period. You can request the deletion of your comment at any time.

(5) RIGHT TO OBJECT

You have the right to object, on grounds relating to your particular situation, at any time to data processing which is based on Article 6(1)(f) GDPR and which is not for direct marketing purposes.

In the case of direct advertising, however, you can object to the processing at any time without giving reasons.

§ 4 Social plugins & cookies

(1) We use social plugins from facebook.com, operated by Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA. The plugins can be recognized by the Facebook logo or the addition "Facebook Social Plugin". If, for example, you click on the "Like" button or leave a comment, the corresponding information is transmitted directly from your browser to Facebook and stored there. Facebook also makes your preferences public to your Facebook friends. If you are logged in to Facebook, Facebook can assign your visit to our site directly to your Facebook account. Even if you are not logged in or do not have a Facebook account, your browser transmits information (e.g. which website you have accessed, your IP address) that is stored by Facebook. For details on how Facebook handles your personal data and your rights in this regard , please refer to Facebook's privacy policy. If you do not want Facebook to assign the data collected about you via our websites to your Facebook account, you must log out of Facebook before visiting our websites. You can also completely prevent the loading of Facebook plugins with add-ons for your browser, e.g. with the "Facebook Blocker" (Facebook).

(2) With Twitter and the re-tweet functions, we use so-called "social plugins" from twitter.com, operated by Twitter Inc. 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. The plugins are marked with a Twitter logo such as the blue "Twitter bird". If you use the re-tweet functions, the websites you visit will be disclosed to third parties and linked to your Twitter account. Details on how Twitter handles your data and your rights and settings options for protecting your personal data can be found in Twitter's privacy policy. If you do not want Twitter to assign the data collected via our website directly to your Twitter account, you must log out of Twitter before visiting our website. You can also completely prevent the loading of Twitter plugins with add-ons for your browser, e.g. with the script blocker (NoScript).

(3) This website uses Google Analytics, a web analysis service of Google Inc ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, if IP anonymization is activated on this website, your IP address will be shortened by Google beforehand within member states of the European Union or in other contracting 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 truncated there. Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

(4) Social plugins from Google+ Our website uses so-called social plugins ("plugins") from the social network Google+, which is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). The plugins can be identified, for example, by buttons with the "+1" symbol on a white or colored background. An overview of the Google plugins and their appearance can be found here.

When you access a page on our website that contains such a plugin, your browser establishes a direct connection to Google's servers. The content of the plugin is transmitted by Google directly to your browser and integrated into the page. Through the integration, Google receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Google+ profile or are not currently logged in to Google+. This information (including your IP address) is transmitted directly from your browser to a Google server in the USA and stored there.

If you are logged in to Google+, Google can directly associate your visit to our website with your Google+ profile. If you interact with the plugins, for example by clicking the "+1" button, the corresponding information is also transmitted directly to a Google server and stored there. The information is also published on Google+ and displayed to your contacts on Google+.

The purpose and scope of the data collection and the further processing and use of the data by Google as well as your rights in this regard and setting options to protect your privacy can be found in Google's data protection information.

If you do not want Google to assign the data collected via our website directly to your profile on Google+, you must log out of Google+ before visiting our website. You can also completely prevent the loading of Google plugins with add-ons for your browser.

(5) We use the "Real Cookie Banner" consent tool to manage the cookies and similar technologies used (tracking pixels, web beacons, etc.) and related consents. Details on how "Real Cookie Banner" works can be found at https://devowl.io/de/rcb/datenverarbeitung/.

The legal basis for the processing of personal data in this context is Art. 6 para. 1 lit. c GDPR and Art. 6 para. 1 lit. f GDPR. Our legitimate interest is the management of the cookies and similar technologies used and the related consents.

The provision of personal data is neither contractually required nor necessary for the conclusion of a contract. You are not obliged to provide the personal data. If you do not provide the personal data, we will not be able to manage your consent.

§ 5 Rights of the data subject

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis us:

1. Right to information

You can request confirmation from us as to whether personal data concerning you is being processed by us.

If such processing has taken place, you can request the following information from us:

  1. the purposes for which the personal data are processed;
  2. the categories of personal data that are processed;
  3. the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
  4. the planned duration of storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the duration of storage;
  5. the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by us or a right to object to such processing;
  6. the existence of a right of appeal to a supervisory authority;
  7. all available information on the origin of the data if the personal data are not collected from the data subject;
  8. the existence of automated decision-making including profiling in accordance with Art. 22 (1) and (4) GDPR and - at least in these cases - meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.

2. Right to rectification

You have a right to rectification and/or completion vis-à-vis us if the processed personal data concerning you is incorrect or incomplete. We must make the correction without delay.

3. Right to restriction of processing

Under the following conditions, you may request the restriction of the processing of personal data concerning you:

  1. if you contest the accuracy of the personal data concerning you for a period enabling us to verify the accuracy of the personal data;
  2. if the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
  3. if we no longer need the personal data for the purposes of the processing, but you need them for the establishment, exercise or defense of legal claims, or
  4. if you have objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether our legitimate reasons outweigh your reasons.

If the processing of personal data concerning you has been restricted, such data may only be processed - apart from being stored - 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 of a Member State.

If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by us before the restriction is lifted.

4. Right to erasure

a) Obligation to delete
You can demand that we delete the personal data concerning you immediately and we are obliged to delete this data immediately if one of the following reasons applies:

  1. The personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  2. You revoke your consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. 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 processed unlawfully.
  5. The deletion of personal data concerning you is necessary to fulfill a legal obligation under Union law or the law of the Member States to which we are subject.
  6. The personal data concerning you were collected in relation to information society services offered in accordance with Art. 8 para. 1 GDPR.

b) Information to third parties
If we have made the personal data concerning you public and we are obliged to delete it in accordance with Art. 17 para. 1 GDPR, we will take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform the data controllers who process the personal data that you, as the data subject, have requested them to delete all links to this personal data or copies or replications of this personal data.

c) Exceptions
The right to erasure does not exist if the processing is necessary

  1. to exercise the right to freedom of expression and information;
  2. for compliance with a legal obligation which requires processing by Union or Member State law to which we are subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in us;
  3. for reasons of public interest in the area of public health in accordance with Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;
  4. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 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 assertion, exercise or defense of legal claims.

5. Right to information

If you have asserted the right to rectification, erasure or restriction of processing against us, we are obliged to notify all recipients to whom the personal data concerning you have been disclosed of 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 about these recipients.

6. Right to data portability

You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance, provided that

  1. the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
  2. the processing is carried out by automated means.

In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly by us to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to data portability does not apply to the 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 us.

7. Right of objection

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions.

We will then no longer process the personal data concerning you unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves 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, which includes 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.

Notwithstanding Directive 2002/58/EC, you have the option of exercising your right to object in connection with the use of information society services by means of automated procedures using technical specifications.

8. Right to revoke the declaration of consent under data protection law

You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

9. Automated decision-making in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

  1. is necessary for the conclusion or performance of a contract between you and us,
  2. is authorized by Union or Member State law to which we are subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
  3. with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.

With regard to the cases referred to in (1) and (3), we will take appropriate measures to safeguard your rights and freedoms and your legitimate interests.

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, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider 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 status and outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

Responsible for data processing:
Z&K GmbH
Markersdorfer Straße 45
09123 Chemnitz

Contact details of our external data protection officer:
Stefan Pufe, SOS Service
datenschutz@zukos.de

This privacy policy was created and is continuously updated by janolaw AG.

Governing Version

This document is the English translation of the Privacy Policy (Datenschutzerklärung) and is provided for convenience only. In the event of any discrepancies or inconsistencies between the English version and the original German version, the German version shall prevail and be legally binding. Only the German version is authoritative for the interpretation and enforcement of this Privacy Policy.