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Data protection

Person responsible:

Name/Fa.:
KW automotive GmbH
Street no:
Aspachweg 14
Postcode, City, Country:
D-74427, Fichtenberg, Germany
Commercial register no:
Registered at Stuttgart Local Court, HRB 571255
Managing directors:
Klaus Wohlfarth, Jürgen Wohlfarth
Telephone number: :
+49 7971 9630-0
E-mail address:
info@kwautomotive.de

Data protection officer:

Name:
Thomas Schuster
Street no:
Aspachweg 14
Postcode, City, Country:
D-74427, Fichtenberg, Germany
Telephone number: :
+49 7971 9630-0
E-mail address:
thomas.schuster@kwautomotive.de

Status: 22/05/2018

  1. Basic information on data processing and legal basis

    1. This privacy policy explains the type, scope and purpose of the processing of personal data within our online offering and the associated websites, functions and content (hereinafter jointly referred to as "online offering" or "website"). The privacy policy applies regardless of the domains, systems, platforms and devices (e.g. desktop or mobile) on which the online offer is executed.
    2. The terms used, such as "personal data" or their "processing", refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
    3. The personal data of users processed in the context of this online offer includes inventory data (e.g., names and addresses of customers), contract data (e.g., services used, names of clerks, payment information), usage data (e.g., the websites visited on our online offer, interest in our products) and content data (e.g., entries in the contact form).
    4. The term "user" includes all categories of data subjects affected by data processing. These include our business partners, customers, interested parties and other visitors to our online offering. The terms used, such as "user", are to be understood as gender-neutral.
    5. We only process users' personal data in compliance with the relevant data protection regulations. This means that user data will only be processed if we have legal authorisation to do so. This means, in particular, if the data processing is necessary for the provision of our contractual services (e.g. processing of orders) and online services, or is required by law, if the user has given their consent, as well as on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation and security of our online offer within the meaning of Art. 6 Para. 1 lit. f. GDPR, in particular in the case of the reach of our online offer). GDPR, in particular when measuring reach, creating profiles for advertising and marketing purposes, collecting access data and using the services of third-party providers.
    6. We would like to point out that the legal basis for consent is Art. 6 para. 1 lit. a. and Art. 7 GDPR, the legal basis for processing for the fulfilment of our services and implementation of contractual measures is Art. 6 para. 1 lit. b. GDPR, the legal basis for the processing of personal data is Art. 6 para. 1 lit. f. GDPR. GDPR, the legal basis for processing for the fulfilment of our legal obligations Art. 6 para. 1 lit. c. GDPR, and the legal basis for the processing for the protection of our legitimate interests Art. 6 para. 1 lit. f. GDPR is.
  2. Security measures

    1. We take organisational, contractual and technical security measures in accordance with the state of the art to ensure that the provisions of data protection laws are complied with and to protect the data processed by us against accidental or intentional manipulation, loss, destruction or access by unauthorised persons.
    2. The security measures include, in particular, the encrypted transmission of data between your browser and our server.
  3. Transfer of data to third parties and third-party providers

    1. Data is only passed on to third parties in accordance with legal requirements. We only pass on user data to third parties if this is necessary, for example, on the basis of Art. 6 para. 1 lit. b) GDPR for contractual purposes or on the basis of legitimate interests pursuant to Art. 6 para. 1 lit. f. GDPR in the economic and effective operation of our business operations.
    2. If we use subcontractors to provide our services, we take suitable legal precautions and appropriate technical and organisational measures to ensure the protection of personal data in accordance with the relevant statutory provisions.
    3. If content, tools or other means from other providers (hereinafter jointly referred to as "third-party providers") are used within the scope of this privacy policy and their registered office is located in a third country, it can be assumed that data will be transferred to the countries in which the third-party providers are based. Third countries are countries in which the GDPR is not directly applicable law, i.e. generally countries outside the EU or the European Economic Area. Data is transferred to third countries either if there is an adequate level of data protection, user consent or other legal authorisation.
  4. Provision of contractual services

    1. We process inventory data (e.g., names and addresses as well as contact data of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services in accordance with Art. 6 para. 1 lit b. GDPR.
    2. Users can optionally create a user account in which they can view their orders in particular. As part of the registration process, users are provided with the required mandatory information. The user accounts are not public and cannot be indexed by search engines. If users have cancelled their user account, their data will be deleted with regard to the user account, subject to their retention is necessary for commercial or tax law reasons in accordance with Art. 6 para. 1 lit. c GDPR. It is the responsibility of users to back up their data before the end of the contract in the event of cancellation. We are authorised to irretrievably delete all user data stored during the term of the contract.
    3. We store the IP address and the time of the respective user action as part of the registration and renewed logins and utilisation of our online services. This data is stored on the basis of our legitimate interests and those of the user to protect against misuse and other unauthorised use. This data is not passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 para. 1 lit. c GDPR.
    4. We process usage data (e.g. the websites visited on our online offering, interest in our products) and content data (e.g. entries in the contact form or user profile) for advertising purposes in a user profile, e.g. to display product information to users based on the services they have used to date.
  5. Making contact

    1. When contacting us (via contact form or e-mail), the user's details are processed to process the contact enquiry and its handling in accordance with Art. 6 para. 1 lit. b) GDPR.
  6. Collection of access data and log files

    1. We collect on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR, we collect data about every access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.
    2. Log file information is stored for security reasons (e.g. to investigate misuse or fraud) for a maximum period of 14 days and then deleted. Data whose further storage is required for evidence purposes is excluded from deletion until the respective incident has been finally clarified.
  7. Cookies & reach measurement

    1. Cookies are pieces of information that are transferred from our web server or third-party web servers to the user's web browser and stored there for later retrieval. Cookies can be small files or other types of information storage.
    2. List of cookies used:

      Name:b2b
      Category:Necessary
      Type: Permanent
      This cookie exists permanently
      Task:Ensures that you have read the cookie notice

      Name: _ga
      Category:Statistics
      Type: Permanent
      This cookie exists permanently for 2 years for the statistical recording of visitors.
      Task:Statistical recording of user data.

      Name: _gid
      Category:Statistics
      Type: Permanent
      This cookie exists for a period of 24 hours.
      Task:Statistical collection of user data.

    3. We use "session cookies", which are only stored for the duration of the current visit to our online presence (e.g. to enable the storage of your login status or the shopping basket function and thus the use of our online offer at all). A randomly generated unique identification number, a so-called session ID, is stored in a session cookie. A cookie also contains information about its origin and the storage period. These cookies cannot store any other data. Session cookies are deleted when you have finished using our website and, for example, log out or close the browser.
    4. Users are informed about the use of cookies in the context of pseudonymised reach measurement as part of this privacy policy.
    5. If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
    6. You can object to the use of cookies used for reach measurement and advertising purposes via the deactivation page of the network advertising initiative
      (http://optout.networkadvertising.org/) and additionally the US-American website
      (http://www.aboutads.info/choices) or the European website
      (http://www.youronlinechoices.com/uk/your-ad-choices/).
  8. Google Analytics

    1. On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR), we use Google Analytics, a web analysis service of Google Inc. GDPR) Google Analytics, a web analysis service of Google Inc. ("Google"). Google uses cookies. The information generated by the cookie about the use of the online offer by the user is usually transmitted to a Google server in the USA and stored there.
    2. Google is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law
      (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
    3. Google will use this information on our behalf to analyse the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services associated with the use of this online offer and the use of the Internet. Pseudonymised user profiles can be created from the processed data
    4. We use Google Analytics to display adverts placed by Google and its partners within advertising services only to those users who have also shown an interest in our online offering or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited) that we transmit to Google (so-called "remarketing" or "Google Analytics audiences"). With the help of remarketing audiences, we also want to ensure that our adverts correspond to the potential interest of users and are not annoying
    5. We only use Google Analytics with activated IP anonymisation. This means that the IP address of users is truncated by Google within member states of the European Union or in other signatory states to 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.
    6. The IP address transmitted by the user's browser will not be merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection of data generated by the cookie and related to their use of the online offer to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link:
      http://tools.google.com/dlpage/gaoptout?hl=en.
    7. You can find more information on data use by Google, setting and objection options on Google's websites: https://www.google.com/intl/de/policies/privacy/partners ("Data use by Google when you use our partners' websites or apps"), http://www.google.com/policies/technologies/ads ("Data use for advertising purposes"), http://www.google.de/settings/ads ("Manage information that Google uses to show you advertising").
  9. Newsletter

    1. The following information explains the content of our newsletter as well as the registration, dispatch and statistical analysis process and your rights of objection. By subscribing to our newsletter, you agree to receive it and to the procedures described
    2. Content of the newsletter: We only send newsletters, emails and other electronic notifications with advertising information (hereinafter "newsletter") with the consent of the recipient or with legal authorisation. If the content of the newsletter is specifically described when registering for the newsletter, it is decisive for the user's consent. Otherwise, our newsletters contain information about our products, offers, promotions and our company
    3. Double opt-in and logging: Registration for our newsletter takes place in a so-called double opt-in procedure. This means that after registering, you will receive an email asking you to confirm your registration. This confirmation is necessary to ensure that no-one can register using other people's e-mail addresses. Subscriptions to the newsletter are logged in order to be able to prove the registration process in accordance with legal requirements. This includes storing the time of registration and confirmation as well as the IP address. Changes to your data stored by the mailing service provider are also logged.
    4. Mailing service provider: The newsletter is sent by CleverReach GmbH & Co KG, Mühlenstr. 43, 26180 Rastede, Germany, hereinafter referred to as the "mailing service provider". You can view the data protection provisions of the dispatch service provider here: https://www.cleverreach.com/de/datenschutz/.
    5. Furthermore, according to its own information, the mailing service provider may use this data in pseudonymous form, i.e. without allocation to a user, to optimise or improve its own services, e.g. to technically optimise the mailing and presentation of the newsletter or for statistical purposes in order to determine which countries the recipients come from. However, the mailing service provider does not use the data of our newsletter recipients to write to them itself or pass it on to third parties.
    6. Registration data: To register for the newsletter, it is sufficient to enter your e-mail address. We also ask you to provide a name so that we can address you personally in the newsletter.
    7. Statistical survey and analyses - The newsletters contain a so-called "web-beacon", i.e. a pixel-sized file that is retrieved from the server of the mailing service provider when the newsletter is opened. As part of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and time of retrieval, is initially collected. This information is used for the technical improvement of the services based on the technical data or the target groups and their reading behaviour based on their retrieval locations (which can be determined with the help of the IP address) or the access times. The statistical surveys also include determining whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our endeavour nor that of the mailing service provider to observe individual users. Instead, the analyses help us to recognise the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.
    8. The use of the mailing service provider, the implementation of statistical surveys and analyses as well as the logging of the registration process are based on our legitimate interests in accordance with Art. 6 para. 1 lit. f GDPR. We are interested in using a user-friendly and secure newsletter system that serves both our business interests and the expectations of users.
    9. Cancellation/revocation - You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. At the same time, your consent to its dispatch by the dispatch service provider and the statistical analyses will expire. Unfortunately, it is not possible to cancel the dispatch by the dispatch service provider or the statistical analyses separately. You will find a link to unsubscribe from the newsletter at the end of each newsletter. If users have only registered for the newsletter and cancelled this registration, their personal data will be deleted.
  10. Integration of third-party services and content

    1. On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR), we use content or service offers from third parties within our online offer. GDPR) content or service offers from third-party providers in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as "content"). This always presupposes that the third-party providers of this content recognise the IP address of the user, as they would not be able to send the content to their browser without the IP address. The IP address is therefore required to display this content. We endeavour to only use content whose respective providers only use the IP address to deliver the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. Pixel tags can be used to analyse information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offer, as well as being linked to such information from other sources.
    2. The following presentation provides an overview of third-party providers and their content, together with links to their data protection declarations, which contain further information on the processing of data and, in some cases already mentioned here, options for objection (so-called opt-out)
      1. If our customers use third-party payment services (e.g. PayPal or Sofortüberweisung), the terms and conditions and data protection notices of the respective third-party providers apply, which can be accessed within the respective websites, or transaction applications.
      2. External fonts from Google, Inc, https://www.google.com/fonts ("Google Fonts"). Google Fonts are integrated by accessing a Google server (usually in the USA).
        Privacy policy: https://www.google.com/policies/privacy/,
        Opt-out: https://www.google.com/policies/privacy/.
      3. Maps provided by the "Google Maps" service of the third-party provider Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
        Privacy policy:https://www.google.com/policies/privacy/,
        Opt-out: https://www.google.com/settings/ads/.
      4. Videos from the "YouTube" platform of the third-party provider Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
        Privacy policy: https://www.google.com/policies/privacy/,
        Opt-out: https://www.google.com/settings/ads/.
      5. External code of the JavaScript framework "jQuery", provided by the third-party provider jQuery Foundation, https://jquery.org.
      6. To provide the WhatsApp chat, we use the service of Whappodo.com! GmbH. On behalf of KWautomotive GmbH as the operator of the website, Whappodo.com! GmbH will use your telephone number to provide you with the WhatsApp service. Furthermore, Whappodo.com! GmbH may also collect other personal data stored with WhatsApp, in particular the first and last name stored with WhatsApp, the end device, profile picture and messages/pictures that you send to us via WhatsApp.
        Further information and the privacy policy of Whappodo.com! GmbH can be found here:
        https://www.whappodo.com/de/datenschutz/
  11. Rights of the users

    1. Users have the right, upon request and free of charge, to receive information about the personal data we have stored about them.
    2. In addition, users have the right to rectification of inaccurate data, restriction of processing and erasure of their personal data, if applicable, to assert their rights to data portability and, in the event of the assumption of unlawful data processing, to lodge a complaint with the competent supervisory authority.
    3. Users can also revoke their consent, generally with effect for the future.
  12. Deletion of data

    1. The data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the user's data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to user data that must be retained for commercial or tax law reasons.
    2. According to legal requirements, data is stored for 6 years in accordance with Section 257 (1) HGB (commercial books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting vouchers, etc.) and for 10 years in accordance with Section 147 (1) AO (books, records, management reports, accounting vouchers, commercial and business letters, documents relevant for taxation, etc.).
  13. Right of objection

    1. Users can object to the future processing of their personal data in accordance with the legal requirements at any time. The objection can be made in particular against processing for direct marketing purposes.
  14. Changes to the privacy policy

    1. We reserve the right to amend the privacy policy in order to adapt it to changed legal situations or in the event of changes to the service and data processing. However, this only applies with regard to declarations on data processing. If user consent is required or components of the privacy policy contain provisions of the contractual relationship with the users, the changes will only be made with the consent of the users.
    2. Users are requested to inform themselves regularly about the content of the privacy policy.