Privacy Policy
Thank you very much for visiting our website or for contacting us in any other way. We place a particularly high priority on the protection of personal data. In general, you can use our website without providing any personal data. However, if you wish to take advantage of one of our company’s online services, the processing of personal data may be necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, email address, or phone number of a data subject, is always carried out in accordance with the current Federal Data Protection Act (BDSG), the EU General Data Protection Regulation (GDPR) effective as of May 25, 2018, and the German Telemedia Act (TMG). With this privacy policy, our company aims to inform you about the nature, scope, and purpose of the personal data we process and to inform data subjects of their rights.
Our company has implemented numerous technical and organizational measures to ensure the most comprehensive protection possible of the personal data we process. Nevertheless, internet-based data transmissions may inherently contain security vulnerabilities, meaning that absolute protection cannot be guaranteed.
Our company’s privacy policy is based on the GDPR. We aim to make our privacy policy easy to read and understand. To ensure this, we will first explain the terms used:
1. Personal Data
Personal data refers to “any information relating to an identified or identifiable natural person (hereinafter referred to as the ‘data subject’); a natural person is considered identifiable if they can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person” (Art. 4(1) GDPR).
2. Data Subject
A data subject is any identified or identifiable natural person whose personal data is processed by the controller.
3. Processing
Processing means any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, distribution, or any other form of making available, alignment or combination, restriction, erasure, or destruction.
4. Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of limiting their future processing.
5. Profiling
Profiling is any form of automated processing of personal data that uses such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s work performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
6. Pseudonymization
Pseudonymization is the processing of personal data in which the personal data can no longer be attributed to a specific data subject without the use of additional information. This additional information is kept separately, is subject to technical and organizational measures, and thus ensures that the personal data is not attributed to an identified or identifiable natural person.
7. Controller
The controller is the natural or legal person, public authority, agency, or other body that, alone or jointly with others, determines the purposes and means of the processing of personal data.
8. Processor
A processor is a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller.
9. Recipient
A recipient is a natural or legal person, public authority, agency, or other body to whom personal data is disclosed, regardless of whether they are a third party or not. However, public authorities that may receive personal data in the course of a specific investigative mandate under Union law or the law of the Member States are not considered recipients.
10. Third
Party A third party is a natural or legal person, public authority, agency, or other body other than the data subject, the controller, the processor, and the persons who, under the direct authority of the controller or the processor, are authorized to process the personal data.
11. Consent
Consent is any freely given, specific, informed, and unambiguous indication of the data subject’s wishes, expressed by a statement or by a clear affirmative action, by which the data subject signifies agreement to the processing of personal data relating to him or her.
The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the Member States, as well as other data protection regulations, is:
A. & C. KOSIK GmbH
Hirschberger Straße 1
93309 Kelheim
Germany
Tel.: +49 9441 508-0
Email: info@kosik.de
Website: http://www.kosik.de
The data protection officer for the controller is:
Manuel Warsz
Hirschberger Straße 1
93309 Kelheim
Germany
Tel.: +49 9441 508-126
Email: datenschutz@kosik.de
1. Scope of Personal Data Processing
We generally collect and use our users’ personal data only to the extent necessary to provide a fully functional website and our content and services. The collection and use of our users’ personal data generally takes place only with the user’s consent. An exception applies in cases where obtaining prior consent is not possible for practical reasons and the processing of the data is permitted by law.
2. Legal basis for the processing of personal data
To the extent that we obtain the consent of the data subject for processing operations involving personal data, Article 6(1)(a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
When processing personal data necessary for the performance of a contract to which the data subject is a party, Article 6(1)(b) of the GDPR serves as the legal basis. This also applies to processing operations necessary for the implementation of pre-contractual measures.To the extent that the processing of personal data is necessary to comply with a legal obligation to which our company is subject, Article 6(1)(c) of the GDPR serves as the legal basis. In the event that vital interests of the data subject or of another natural person require the processing of personal data, Article 6(1)(d) of the GDPR serves as the legal basis.If processing is necessary to safeguard a legitimate interest of our company or a third party, and the interests, fundamental rights, and freedoms of the data subject do not override the former interest, Article 6(1)(f) of the GDPR serves as the legal basis for the processing.
3. Data Erasure and Retention Period
The data subject’s personal data will be erased or blocked as soon as the purpose for which it was stored no longer applies. Storage may also take place if this is provided for by European or national legislation in Union regulations, laws, or other provisions to which the controller is subject. The data will also be blocked or erased when a retention period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.
1. Description and Scope of Data Processing
Each time our website is accessed, our system automatically collects data and information from the accessing computer’s system.
The following data is collected in this
process:– Information about the browser type and version
used- The user’s operating
system- The user’s Internet service provider-
The user’s IP
address- Date and time of access-
Websites from which the user’s system accessed our website
The data is also stored in our system’s log files. This data is not stored together with other personal data of the user.
2. Legal basis for data processing
The legal basis for the temporary storage of data and log files is Article 6(1)(f) of the GDPR.
3. Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.
Data is stored in log files to ensure the website’s functionality. Additionally, the data helps us optimize the website and ensure the security of our IT systems. The data is not analyzed for marketing purposes in this context.
These purposes also constitute our legitimate interest in data processing pursuant to Article 6(1)(f) of the GDPR.
4. Duration of Storage
The data is deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. In the case of data collected to provide the website, this occurs when the respective session ends.
In the case of data stored in log files, this occurs after seven days at the latest. Further storage is possible. In this case, the users’ IP addresses are deleted or anonymized so that the calling client can no longer be identified.
5. Right to Object and Right to Erasure
The collection of data for the provision of the website and the storage of data in log files is strictly necessary for the operation of the website. Consequently, the user has no right to object.
1. Description and Scope of Data Processing
Users may contact us via the email address provided. In this case, the user’s personal data transmitted via email will be stored. In this context,
the data will not be disclosed to third parties. The data will be used exclusively for the purpose of handling the correspondence.
2. Legal basis for data processing
The legal basis for processing the data is Article 6(1)(a) of the GDPR, provided the user has given consent.
The legal basis for processing data transmitted in the course of sending an email is Article 6(1)(f) of the GDPR. If the email contact is aimed at concluding a contract, the additional legal basis for processing is Article 6(1)(b) of the GDPR.
3. Purpose of data processing
In the case of contact via email, the necessary legitimate interest in the processing of the data lies in this contact.
4. Duration of storage
The data will be deleted as soon as it is no longer necessary 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. The personal data additionally collected during the sending process will be deleted no later than seven days after the transaction.
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.
In the event of a withdrawal, please contact our Data Protection Officer by phone or in writing using the contact details provided above.
All personal data stored in the course of the contact will be deleted in this case.
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 the controller:
1. Right of access
You may request confirmation from the controller as to whether personal data concerning you is being processed by us.
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 have been or will be disclosed;
(4) the planned duration of storage of the personal data concerning you or, if specific details are not available, the criteria for determining the storage period;
(5) the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller, or a right to object to such processing;
(6) the existence of a right to lodge a complaint with a supervisory authority;
(7) all available information regarding the origin of the data, if the personal data is not collected from the data subject;
(8) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and—at least in such cases—meaningful information regarding the logic involved, as well as the significance and intended consequences of such processing for the data subject.
You have the right to request information regarding 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 Article 46 of the GDPR in connection with the transfer
2. Right to Rectification
You have the right to request rectification and/or completion from the controller if the personal data concerning you that is being processed is inaccurate or incomplete. The controller must carry out the rectification without undue delay.
3. Right to restriction of processing
Under the following conditions, you may request the restriction of processing of the personal data concerning you:
(1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you oppose the erasure of the personal data and instead request the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of the processing, but you need it to assert, exercise, or defend legal claims, or
(4) if you have objected to the processing pursuant to Art. 21(1) GDPR and it has not yet been determined whether the controller’s legitimate grounds override your grounds.
If the processing of your personal data has been restricted, such data—apart from its storage—may only be processed with your consent or for the establishment, exercise, or defense of legal claims, or to protect the rights of another natural or legal person, or for reasons of an important public interest of the Union or a Member State.
If the restriction of processing has been imposed in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
4. Right to erasure
a) Obligation to Erase
You may request that the controller immediately erase the personal data concerning you, and the controller is obligated to erase such data immediately if any of the following grounds apply:
(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) of the GDPR, and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) of
the GDPR. The personal data concerning you has been processed unlawfully.
(5) The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union law or the law of the Member States to which the controller is subject.
(6) The personal data concerning you was collected in relation to information society services offered pursuant to Article 8(1) of the 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 Article 17(1) of the GDPR, the controller shall, taking into account available technology and the cost of implementation, take reasonable measures, including technical measures, to inform controllers who process the personal data that you, as the data subject, have requested the erasure of all links to such personal data or of copies or replications of such personal data.
c) Exceptions
The right to erasure does not apply where the processing is necessary
(1) for the exercise of the right to freedom of expression and information;
(2) to comply with a legal obligation which 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) of the GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, insofar as the right referred to in section (a) is likely to render impossible or seriously impair the achievement of the objectives of such processing; or
(5) for the establishment, exercise, or defense of legal claims.
5. Right to be informed
If you have exercised your right to rectification, erasure, or restriction of processing against the controller, the controller is obligated to notify all recipients to whom your personal data has been disclosed of such rectification, erasure, or restriction of processing, unless this proves impossible or involves 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 that 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 controller, provided this is technically feasible. The freedoms and rights of other individuals must not be adversely affected by this.
7. Right to Object
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you that is carried out pursuant to Article 6(1)(e) or (f) of the GDPR; this also applies to profiling based on these provisions.
The controller will no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing is necessary for the establishment, exercise, or defense of legal claims.
If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such marketing; this also applies to profiling insofar as it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes. In connection with the use of information
society services—notwithstanding Directive 2002/58/EC—you have the option to exercise your right to object using automated procedures that employ technical specifications.
8. Right to Withdraw Consent
You have the right to withdraw your consent at any time. Withdrawal of consent does not affect the lawfulness of processing based on consent prior to 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—that 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 the controller,
(2) is authorized by Union or Member State law to which the controller is subject and that law provides for appropriate measures to safeguard your rights and freedoms as well as your legitimate interests, or
(3) is based on your explicit consent.
However, these decisions may not be based on special categories of personal data as defined in Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) applies and appropriate measures have been taken to protect your rights and freedoms as well as your legitimate interests.
With regard to the cases referred to in (1) and (3), the controller shall take appropriate measures to safeguard your rights and freedoms as well as your 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, in particular in the Member State of your habitual residence, place of work, or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
The supervisory authority to which the complaint was submitted shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78.
