Privacy Policy
We are very delighted that you have shown
interest in our enterprise. Data protection is of a particularly high priority
for the management of the Frank Kämmer MS Weinservice. The use of the Internet
pages of the Frank Kämmer MS Weinservice is possible without any indication of
personal data; however, if a data subject wants to use special enterprise
services via our website, processing of personal data could become necessary.
If the processing of personal data is necessary and there is no statutory basis
for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the
name, address, e-mail address, or telephone number of a data subject shall
always be in line with the General Data Protection Regulation (GDPR), and in
accordance with the country-specific data protection regulations applicable to
the Frank Kämmer MS Weinservice. By means of this data protection declaration,
our enterprise would like to inform the general public of the nature, scope,
and purpose of the personal data we collect, use and process. Furthermore, data
subjects are informed, by means of this data protection declaration, of the
rights to which they are entitled.
As the controller, the Frank Kämmer MS
Weinservice has implemented numerous technical and organizational measures to
ensure the most complete protection of personal data processed through this
website. However, Internet-based data transmissions may in principle have
security gaps, so absolute protection may not be guaranteed. For this reason,
every data subject is free to transfer personal data to us via alternative
means, e.g. by telephone.
1. Definitions
The data protection declaration of the Frank
Kämmer MS Weinservice is based on the terms used by the European legislator for
the adoption of the General Data Protection Regulation (GDPR). Our data
protection declaration should be legible and understandable for the general
public, as well as our customers and business partners. To ensure this, we
would like to first explain the terminology used.
In this data protection declaration, we use,
inter alia, the following terms:
- a) Personal data
Personal data means any information relating to
an identified or identifiable natural person (“data subject”). An identifiable
natural person is one who 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.
- b) Data subject
Data subject is any identified or identifiable
natural person, whose personal data is processed by the controller responsible
for the processing.
- c) Processing
Processing is any operation or set of
operations which is performed on personal data or on sets of personal data,
whether or not by automated means, such as collection, recording, organisation,
structuring, storage, adaptation or alteration, retrieval, consultation, use,
disclosure by transmission, dissemination or otherwise making available,
alignment or combination, restriction, erasure or destruction.
- d) Restriction of processing
Restriction of processing is the marking of
stored personal data with the aim of limiting their processing in the future.
- e) Profiling
Profiling means any form of automated
processing of personal data consisting of the use of personal data to evaluate
certain personal aspects relating to a natural person, in particular to analyse
or predict aspects concerning that natural person's performance at work,
economic situation, health, personal preferences, interests, reliability,
behaviour, location or movements.
- f) Pseudonymisation
Pseudonymisation is the processing of personal
data in such a manner that the personal data can no longer be attributed to a
specific data subject without the use of additional information, provided that
such additional information is kept separately and is subject to technical and
organisational measures to ensure that the personal data are not attributed to
an identified or identifiable natural person.
- g)
Controller or controller responsible for the processing
Controller or controller responsible for the
processing is the natural or legal person, public authority, agency or other
body which, alone or jointly with others, determines the purposes and means of
the processing of personal data; where the purposes and means of such
processing are determined by Union or Member State law, the controller or the
specific criteria for its nomination may be provided for by Union or Member
State law.
- h) Processor
Processor is a natural or legal person, public
authority, agency or other body which processes personal data on behalf of the
controller.
- i) Recipient
Recipient is a natural or legal person, public
authority, agency or another body, to which the personal data are disclosed,
whether a third party or not. However, public authorities which may receive
personal data in the framework of a particular inquiry in accordance with Union
or Member State law shall not be regarded as recipients; the processing of
those data by those public authorities shall be in compliance with the
applicable data protection rules according to the purposes of the processing.
- j) Third party
Third party is a natural or legal person,
public authority, agency or body other than the data subject, controller,
processor and persons who, under the direct authority of the controller or
processor, are authorised to process personal data.
- k) Consent
Consent of the data subject is any freely
given, specific, informed and unambiguous indication of the data subject's
wishes by which he or she, by a statement or by a clear affirmative action,
signifies agreement to the processing of personal data relating to him or her.
2. Name and Address of the controller
Controller for the purposes of the General Data
Protection Regulation (GDPR), other data protection laws applicable in Member
states of the European Union and other provisions related to data protection
is:
Frank Kämmer MS Weinservice
Hadergasse 5
71332 Waiblingen
Deutschland
Phone:
+49 7151 502481
Email:
mail@frank-kaemmer.de
Website:
www.frank-kaemmer.de
3. Collection of general data and information
The website of the Frank Kämmer MS Weinservice
collects a series of general data and information when a data subject or
automated system calls up the website. This general data and information are
stored in the server log files. Collected may be (1) the browser types and
versions used, (2) the operating system used by the accessing system, (3) the
website from which an accessing system reaches our website (so-called
referrers), (4) the sub-websites, (5) the date and time of access to the
Internet site, (6) an Internet protocol address (IP address), (7) the Internet
service provider of the accessing system, and (8) any other similar data and
information that may be used in the event of attacks on our information
technology systems.
When using these general data and information,
the Frank Kämmer MS Weinservice does not draw any conclusions about the data
subject. Rather, this information is needed to (1) deliver the content of our
website correctly, (2) optimize the content of our website as well as its
advertisement, (3) ensure the long-term viability of our information technology
systems and website technology, and (4) provide law enforcement authorities
with the information necessary for criminal prosecution in case of a cyber-attack.
Therefore, the Frank Kämmer MS Weinservice analyzes anonymously collected data
and information statistically, with the aim of increasing the data protection
and data security of our enterprise, and to ensure an optimal level of
protection for the personal data we process. The anonymous data of the server
log files are stored separately from all personal data provided by a data
subject.
4. Routine erasure and blocking of personal
data
The data controller shall process and store the
personal data of the data subject only for the period necessary to achieve the
purpose of storage, or as far as this is granted by the European legislator or
other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if
a storage period prescribed by the European legislator or another competent
legislator expires, the personal data are routinely blocked or erased in
accordance with legal requirements.
5. Rights of the data subject
- a) Right of confirmation
Each data subject shall have the right granted
by the European legislator to obtain from the controller the confirmation as to
whether or not personal data concerning him or her are being processed. If a
data subject wishes to avail himself of this right of confirmation, he or she
may, at any time, contact any employee of the controller.
- b) Right of access
Each data subject shall have the right granted
by the European legislator to obtain from the controller free information about
his or her personal data stored at any time and a copy of this information.
Furthermore, the European directives and regulations grant the data subject
access to the following information:
- the
purposes of the processing;
- the
categories of personal data concerned;
- the
recipients or categories of recipients to whom the personal data have
been or will be disclosed, in particular recipients in third countries or
international organisations;
- where
possible, the envisaged period for which the personal data will be
stored, or, if not possible, the criteria used to determine that period;
- the
existence of the right to request from the controller rectification or
erasure of personal data, or restriction of processing of personal data
concerning the data subject, or to object to such processing;
- the
existence of the right to lodge a complaint with a supervisory authority;
- where
the personal data are not collected from the data subject, any available
information as to their source;
- the
existence of automated decision-making, including profiling, referred to
in Article 22(1) and (4) of the GDPR and, at least in those cases,
meaningful information about the logic involved, as well as the
significance and envisaged consequences of such processing for the data
subject.
Furthermore, the data subject shall have a
right to obtain information as to whether personal data are transferred to a
third country or to an international organisation. Where this is the case, the
data subject shall have the right to be informed of the appropriate safeguards
relating to the transfer.
If a data subject wishes to avail himself of
this right of access, he or she may, at any time, contact any employee of the
controller.
- c) Right to rectification
Each data subject shall have the right granted
by the European legislator to obtain from the controller without undue delay
the rectification of inaccurate personal data concerning him or her. Taking
into account the purposes of the processing, the data subject shall have the
right to have incomplete personal data completed, including by means of
providing a supplementary statement.
If a data subject wishes to exercise this right
to rectification, he or she may, at any time, contact any employee of the
controller.
- d)
Right to erasure (Right to be forgotten)
Each data subject shall have the right granted
by the European legislator to obtain from the controller the erasure of
personal data concerning him or her without undue delay, and the controller
shall have the obligation to erase personal data without undue delay where one
of the following grounds applies, as long as the processing is not necessary:
- The
personal data are no longer necessary in relation to the purposes for
which they were collected or otherwise processed.
- The
data subject withdraws consent to which the processing is based according
to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of
the GDPR, and where there is no other legal ground for the processing.
- The
data subject objects to the processing pursuant to Article 21(1) of the
GDPR and there are no overriding legitimate grounds for the processing,
or the data subject objects to the processing pursuant to Article 21(2)
of the GDPR.
- The
personal data have been unlawfully processed.
- The
personal data must be erased for compliance with a legal obligation in
Union or Member State law to which the controller is subject.
- The
personal data have been collected in relation to the offer of information
society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies,
and a data subject wishes to request the erasure of personal data stored by the
Frank Kämmer MS Weinservice, he or she may, at any time, contact any employee
of the controller. An employee of Frank Kämmer MS Weinservice shall promptly
ensure that the erasure request is complied with immediately.
Where the controller has made personal data
public and is obliged pursuant to Article 17(1) to erase the personal data, the
controller, taking account of available technology and the cost of
implementation, shall take reasonable steps, including technical measures, to
inform other controllers processing the personal data that the data subject has
requested erasure by such controllers of any links to, or copy or replication
of, those personal data, as far as processing is not required. An employees of
the Frank Kämmer MS Weinservice will arrange the necessary measures in
individual cases.
- e)
Right of restriction of processing
Each data subject shall have the right granted
by the European legislator to obtain from the controller restriction of
processing where one of the following applies:
- The
accuracy of the personal data is contested by the data subject, for a
period enabling the controller to verify the accuracy of the personal
data.
- The
processing is unlawful and the data subject opposes the erasure of the
personal data and requests instead the restriction of their use instead.
- The
controller no longer needs the personal data for the purposes of the
processing, but they are required by the data subject for the
establishment, exercise or defence of legal claims.
- The
data subject has objected to processing pursuant to Article 21(1) of the
GDPR pending the verification whether the legitimate grounds of the
controller override those of the data subject.
If one of the aforementioned conditions is met,
and a data subject wishes to request the restriction of the processing of
personal data stored by the Frank Kämmer MS Weinservice, he or she may at any
time contact any employee of the controller. The employee of the Frank Kämmer
MS Weinservice will arrange the restriction of the processing.
- f) Right to data portability
Each data subject shall have the right granted
by the European legislator, to receive the personal data concerning him or her,
which was provided to a controller, in a structured, commonly used and
machine-readable format. He or she shall have the right to transmit those data
to another controller without hindrance from the controller to which the
personal data have been provided, as long as the processing is based on consent
pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2)
of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the
GDPR, and the processing is carried out by automated means, as long as the
processing is not necessary for the performance of a task carried out in the
public interest or in the exercise of official authority vested in the
controller.
Furthermore, in exercising his or her right to
data portability pursuant to Article 20(1) of the GDPR, the data subject shall
have the right to have personal data transmitted directly from one controller
to another, where technically feasible and when doing so does not adversely
affect the rights and freedoms of others.
In order to assert the right to data
portability, the data subject may at any time contact any employee of the Frank
Kämmer MS Weinservice.
- g) Right to object
Each data subject shall have the right granted
by the European legislator to object, on grounds relating to his or her
particular situation, at any time, to processing of personal data concerning
him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR.
This also applies to profiling based on these provisions.
The Frank Kämmer MS Weinservice shall no longer
process the personal data in the event of the objection, unless we can
demonstrate compelling legitimate grounds for the processing which override the
interests, rights and freedoms of the data subject, or for the establishment,
exercise or defence of legal claims.
If the Frank Kämmer MS Weinservice processes
personal data for direct marketing purposes, the data subject shall have the
right to object at any time to processing of personal data concerning him or
her for such marketing. This applies to profiling to the extent that it is
related to such direct marketing. If the data subject objects to the Frank
Kämmer MS Weinservice to the processing for direct marketing purposes, the
Frank Kämmer MS Weinservice will no longer process the personal data for these
purposes.
In addition, the data subject has the right, on
grounds relating to his or her particular situation, to object to processing of
personal data concerning him or her by the Frank Kämmer MS Weinservice for
scientific or historical research purposes, or for statistical purposes
pursuant to Article 89(1) of the GDPR, unless the processing is necessary for
the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the
data subject may contact any employee of the Frank Kämmer MS Weinservice. In
addition, the data subject is free in the context of the use of information
society services, and notwithstanding Directive 2002/58/EC, to use his or her
right to object by automated means using technical specifications.
- h)
Automated individual decision-making, including profiling
Each data subject shall have the right granted
by the European legislator not to be subject to a decision based solely on
automated processing, including profiling, which produces legal effects
concerning him or her, or similarly significantly affects him or her, as long
as the decision (1) is not is necessary for entering into, or the performance
of, a contract between the data subject and a data controller, or (2) is not
authorised by Union or Member State law to which the controller is subject and
which also lays down suitable measures to safeguard the data subject's rights
and freedoms and legitimate interests, or (3) is not based on the data
subject's explicit consent.
If the decision (1) is necessary for entering
into, or the performance of, a contract between the data subject and a data
controller, or (2) it is based on the data subject's explicit consent, the
Frank Kämmer MS Weinservice shall implement suitable measures to safeguard the
data subject's rights and freedoms and legitimate interests, at least the right
to obtain human intervention on the part of the controller, to express his or
her point of view and contest the decision.
If the data subject wishes to exercise the
rights concerning automated individual decision-making, he or she may, at any
time, contact any employee of the Frank Kämmer MS Weinservice.
- i)
Right to withdraw data protection consent
Each data subject shall have the right granted
by the European legislator to withdraw his or her consent to processing of his
or her personal data at any time.
If the data subject wishes to exercise the
right to withdraw the consent, he or she may, at any time, contact any employee
of the Frank Kämmer MS Weinservice.
6. Legal basis for the
processing
Art. 6(1) lit. a GDPR serves as the legal basis
for processing operations for which we obtain consent for a specific processing
purpose. If the processing of personal data is necessary for the performance of
a contract to which the data subject is party, as is the case, for example,
when processing operations are necessary for the supply of goods or to provide
any other service, the processing is based on Article 6(1) lit. b GDPR. The
same applies to such processing operations which are necessary for carrying out
pre-contractual measures, for example in the case of inquiries concerning our
products or services. Is our company subject to a legal obligation by which
processing of personal data is required, such as for the fulfillment of tax
obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases,
the processing of personal data may be necessary to protect the vital interests
of the data subject or of another natural person. This would be the case, for
example, if a visitor were injured in our company and his name, age, health
insurance data or other vital information would have to be passed on to a
doctor, hospital or other third party. Then the processing would be based on
Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article
6(1) lit. f GDPR. This legal basis is used for processing operations which are
not covered by any of the abovementioned legal grounds, if processing is
necessary for the purposes of the legitimate interests pursued by our company
or by a third party, except where such interests are overridden by the
interests or fundamental rights and freedoms of the data subject which require
protection of personal data. Such processing operations are particularly
permissible because they have been specifically mentioned by the European
legislator. He considered that a legitimate interest could be assumed if the
data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
7. The legitimate interests pursued by the
controller or by a third party
Where the processing of personal data is based
on Article 6(1) lit. f GDPR our legitimate interest is to carry out our
business in favor of the well-being of all our employees and the shareholders.
8. Period for which the personal data will be
stored
The criteria used to determine the period of
storage of personal data is the respective statutory retention period. After
expiration of that period, the corresponding data is routinely deleted, as long
as it is no longer necessary for the fulfillment of the contract or the
initiation of a contract.
9. Provision of personal data as statutory or
contractual requirement; Requirement necessary to enter into a contract;
Obligation of the data subject to provide the personal data; possible
consequences of failure to provide such data
We clarify that the provision of personal data
is partly required by law (e.g. tax regulations) or can also result from
contractual provisions (e.g. information on the contractual partner). Sometimes
it may be necessary to conclude a contract that the data subject provides us
with personal data, which must subsequently be processed by us. The data
subject is, for example, obliged to provide us with personal data when our
company signs a contract with him or her. The non-provision of the personal
data would have the consequence that the contract with the data subject could
not be concluded. Before personal data is provided by the data subject, the
data subject must contact any employee. The employee clarifies to the data
subject whether the provision of the personal data is required by law or
contract or is necessary for the conclusion of the contract, whether there is
an obligation to provide the personal data and the consequences of
non-provision of the personal data.
10. Existence of automated decision-making
As a responsible company, we do not use
automatic decision-making or profiling.
This Privacy Policy has been generated by the
Privacy Policy Generator of the External Data Protection Officers that was developed in cooperation
with the Media Law Lawyers from WBS-LAW.