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Thank you for your interest in our company. Data protection is of particular importance for the management of Kultmacher. Visiting Kultmacher on the internet is essentially possible without any indication of personal data. However, if a data subject wishes to make use of special services of our company via our website, it may be necessary to process personal data. 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, e-mail address or telephone number of a data subject, is always carried out in accordance with the Basic Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to Kultmacher. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, data subjects will be informed of their rights by means of this data protection declaration.
As the person responsible for processing, the Kultmacher has implemented numerous technical and organisational measures to ensure the most complete possible protection of personal data processed via this website. Nevertheless, Internet-based data transmissions can have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, for example by telephone.
The data protection declaration of the Kultmacher is based on the terms used by the European legislator for directives and regulations when the basic data protection regulation (DS-GMO) was issued. Our data protection declaration should be easy to read and understand both for the public and for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms, among others, in this data protection declaration:
a) Personal data
Personal data are all information relating to an identified or identifiable natural person (hereinafter “data subject”). Identifiable is a natural person who can be identified directly or indirectly, in particular by assignment to an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
b) Person affected
Data subject is any identified or identifiable natural person whose personal data are processed by the controller.
Processing means any operation or series of operations carried out with or without the aid of automated procedures in relation to personal data, such as the collection, collection, organisation, sorting, storage, adaptation or alteration, reading, retrieval, use, disclosure by transmission, dissemination or any other form of provision, comparison or linking, restriction, erasure or destruction.
d) Limitation of processing
Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.
Profiling is any form of automated processing of personal data consisting in the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, behaviour, location or relocation of that natural person.
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data are not assigned to an identified or identifiable natural person.
g) Data controller or controller
The data controller or controller is the natural or legal person, public authority, institution or other body which alone or jointly with others decides on the purposes and means of processing personal data. Where the purposes and means of such processing are laid down by Union law or by the law of the Member States, the controller or the specific criteria for his appointment may be laid down in accordance with Union law or the law of the Member States.
h) Contract processor
Processor is a natural or legal person, authority, institution or other body that processes personal data on behalf of the data controller.
Recipient is a natural or legal person, authority, institution or other body to which personal data is disclosed, regardless of whether it is a third party or not. However, authorities which may receive personal data under Union law or the law of the Member States within the framework of a particular investigation mandate shall not be regarded as recipients.
A third party is a natural or legal person, authority, institution or other body other than the data subject, the data processor, the data processor and the persons authorised to process the personal data under the direct responsibility of the data processor or the data processor.
Consent shall mean any informed and unequivocal expression of will voluntarily given by the data subject in the particular case in the form of a declaration or other clear affirmative act by which the data subject indicates his or her consent to the processing of personal data concerning him or her.
2. Name and address of controller
The person responsible within the meaning of the Basic Data Protection Regulation, other data protection laws in force in the Member States of the European Union and other provisions of a data protection nature is:
By using cookies, Kultmacher can provide users of this website with more user-friendly services that would not be possible without cookies.
The person concerned can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common internet browsers. If the person concerned deactivates the setting of cookies in the Internet browser used, not all functions of our Internet site may be fully usable.
4. Acquisition of general data and information
Every time a person or an automated system accesses the website, the Kultmachers’ website collects a series of general data and information. This general data and information is stored in the log files of the server. We may record (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 referrer), (4) the subwebsites which are accessed via an accessing system on our website, (5) the date and time of access to the Website, (6) an Internet Protocol address (IP address), (7) the Internet service providers of the accessing system, and (8) other similar data and information used for security purposes in the event of attacks on our information technology systems.
When using this general data and information, Kultmacher does not draw any conclusions about the person concerned. Rather, this information is required to (1) correctly deliver the contents of our website, (2) optimize the contents of our website and the advertising for it, (3) ensure the permanent functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. These anonymously collected data and information are therefore evaluated statistically and with the aim of increasing data protection and data security in our company in order ultimately to ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a person concerned.
5. Contact possibility via the website
Due to legal regulations, the website of Kultmacher contains information which enables a quick electronic contact to our company and direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the data controller via e-mail or a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data voluntarily provided by a data subject to the controller will be stored for the purpose of processing or contacting the data subject. This personal data is not passed on to third parties.
6. Routine deletion and blocking of personal data
The controller shall process and store the personal data of the data subject only for the time necessary to achieve the data retention purpose or to the extent provided for by the European regulator or other legislator in laws or regulations to which the controller is subject.
If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and Regulation Giver or another competent legislator expires, the personal data is routinely blocked or deleted in accordance with the statutory provisions.
7. Rights of the person affected
a) Right to confirmation
Every data subject shall have the right granted by the European legislator of directives and regulations to require the controller to confirm whether personal data concerning him/her are being processed. If a data subject wishes to exercise this right of confirmation, he may contact an employee of the controller at any time.
b) Right to information
Any person concerned by the processing of personal data shall have the right granted by the European legislator of directives and regulations to obtain, at any time and free of charge, information from the controller concerning the personal data relating to him/her stored and a copy of that information. Furthermore, the European regulator has granted the data subject the following information:
- the processing purposes
- the categories of personal data being processed
the recipients or categories of recipients to whom the personal data have been or are still being disclosed, in particular recipients in third countries or international organisations
if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- the existence of a right of appeal to a supervisory authority
the existence of a right of rectification or deletion of personal data concerning him or of a restriction on processing by the controller or of a right of opposition to such processing
if the personal data is not collected from the data subject: All available information about the origin of the data
the existence of automated decision-making, including profiling in accordance with Article 22(1) and (4) DS GMOs and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the data subject
Furthermore, the data subject has a right of access to information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate guarantees in connection with the transfer.
If a data subject wishes to exercise this right of access, he may contact an employee of the controller at any time.
c) Right to correction
Any person data subject to the processing of personal data shall have the right granted by the European legislator of directives and regulations to request the immediate correction of inaccurate personal data concerning him/her. Furthermore, taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration.
If a data subject wishes to exercise this right of rectification, he or she may contact an employee of the controller at any time.
d) Right to cancellation (right to be forgotten)
Any person concerned by the processing of personal data shall have the right granted by the European legislator of directives and regulations to require the data controller to request that the personal data concerning him/her be deleted immediately, provided that one of the following reasons applies and insofar as the processing is not necessary:
The personal data have been collected or otherwise processed for such purposes for which they are no longer necessary.
The personal data was processed unlawfully.
The deletion of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.
The personal data was collected in relation to information society services offered pursuant to Art. 8 para. 1 DS-GMO.
If one of the above-mentioned reasons applies and a data subject wishes to have personal data stored by the Kultmacher deleted, he or she may contact an employee of the controller at any time. The employees of Kultmacher will arrange for the request for deletion to be complied with immediately.
If the personal data have been made public by the Kultmacher and if our company, as data controller, is obliged to delete the personal data pursuant to Art. 17 para. 1 DS-GMO, the Kultmacher shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data processors who process the published personal data, that the data subject has requested the deletion of all links to this personal data or of copies or replications of this personal data from these other data processors, insofar as the processing is not necessary. The employees of Kultmacher will do what is necessary in individual cases.
e) Right to limitation of processing
Any person data subject to the processing of personal data shall have the right granted by the European legislator of directives and regulations to require the controller to restrict the processing if one of the following conditions is met:
- The accuracy of the personal data is disputed by the data subject for a period that enables the data controller to verify the accuracy of the personal data.
The processing is unlawful, the data subject refuses to delete the personal data and instead requests a restriction on the use of the personal data.
The data controller no longer needs the personal data for the purposes of the processing, but the data subject needs them to assert, exercise or defend legal claims.
If one of the above conditions is met and a data subject wishes to request the restriction of personal data held by the Kultmacher, he may contact an employee of the controller at any time. The employees of Kultmacher will cause the restriction of the processing.
f) Right to data transferability
Any data subject shall have the right granted by the European legislator to receive personal data relating to him/her provided by the data subject to a data controller in a structured, current and machine-readable format. It shall also have the right to transmit such data to another data controller without obstruction by the controller to whom the personal data have been made available, provided that the processing is based on the consent provided for in Article 6(1)(a) DS GMO or Article 9(2)(a) DS GMO or on a contract in accordance with Article 6(1)(b) DS GMO and that the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task in the public interest or in the exercise of public authority conferred on the data controller.
Furthermore, in exercising his right to data transferability pursuant to Article 20(1) DS-GMO, the data subject has the right to obtain that the personal data be transferred directly by a data controller to another data controller, provided this is technically feasible and provided that the rights and freedoms of other persons are not affected thereby.
In order to assert the right to data transferability, the person concerned may contact an employee of the Kultmacher at any time.
g) Right of objection
Any person concerned by the processing of personal data shall have the right granted by the European legislator for reasons arising from their particular situation to object at any time to the processing of personal data concerning them under Article 6(1)(e) or (f) of the DS-GMO. This also applies to profiling based on these provisions.
In the event of an objection, the worshippers will no longer process the personal data unless we can prove compelling reasons for the processing that are worthy of protection and outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
Does Kultmacher process personal data in order to send direct mailings to third parties?
If Kultmacher processes personal data for direct marketing purposes, the person concerned has the right to object at any time to the processing of the personal data for the purpose of such advertising. This also applies to profiling insofar as it is connected with such direct advertising. If the data subject objects to the Kultmacher processing for direct marketing purposes, the Kultmacher will no longer process the personal data for these purposes.
In addition, the data subject has the right to object, on grounds arising from his or her particular situation, to the processing of personal data concerning him or her which is carried out by Kultmacher for scientific or historical research purposes or for statistical purposes in accordance with Article 89(1) DS-GMO, unless such processing is necessary for the performance of a task in the public interest.
In order to exercise the right of opposition, the person concerned may directly contact any employees of Kultmacher or any other employee. The data subject shall also be free to exercise his right of opposition in relation to the use of information society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.
h) Automated decisions in individual cases including profiling
Any person data subject to the processing of personal data shall have the right granted by the European legislator of directives and regulations not to be subject to a decision based exclusively on automated processing, including profiling, which has legal effect against him or significantly affects him in a similar manner, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the data controller, or (2) is admissible under Union or Member State law to which the data controller is subject and that such law contains appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, or (3) with the express consent of the data subject.
Where the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller or (2) is taken with the explicit consent of the data subject, Kultmacher shall take appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, including at least the right to obtain the intervention of a person by the controller, to state his own position and to challenge the decision.
If the data subject wishes to assert rights relating to automated decisions, he or she may contact an employee of the controller at any time.
i) Right to revoke consent under data protection law
Any person concerned by the processing of personal data has the right granted by the European legislator of directives and regulations to revoke consent to the processing of personal data at any time.
If the data subject wishes to exercise his/her right to withdraw his/her consent, he/she may contact an employee of the controller at any time.
8. Data protection for applications and in the application process
The controller collects and processes the personal data of applicants for the purpose of processing the application procedure. Processing may also be carried out electronically. This is particularly the case if an applicant sends corresponding application documents to the controller by electronic means, for example by e-mail or via a web form on the website. If the controller concludes an employment contract with an applicant, the data transmitted will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents shall be automatically deleted two months after notification of the decision of refusal, provided that no other legitimate interests of the controller stand in the way of deletion. Other legitimate interest in this sense is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).
The data controller has integrated components of Facebook on this website. Facebook is a social network.
A social network is an Internet-based social meeting place, an online community that usually enables users to communicate with each other and interact in virtual space. A social network can serve as a platform for the exchange of opinions and experiences or enables the Internet community to provide personal or company-related information. Facebook enables social network users to create private profiles, upload photos and network via friendship requests, among other things.
Facebook is operated by Facebook, Inc, 1 Hacker Way, Menlo Park, CA 94025, USA. The person responsible for the processing of personal data if a data subject lives outside the USA or Canada is Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
Each time one of the individual pages of this website is accessed, which is operated by the controller and on which a Facebook component (Facebook plug-in) has been integrated, the Internet browser on the person’s information technology system is automatically prompted by the respective Facebook component to download a representation of the corresponding Facebook component of Facebook. An overview of all Facebook plug-ins can be found at developers.facebook.com/docs/plugins/. As part of this technical process, Facebook is informed about which specific subpage of our website is visited by the person concerned.
If the person concerned is logged on to Facebook at the same time, Facebook recognizes which specific subpage of our website the person concerned visits with every visit to our website by the person concerned and for the entire duration of the respective stay on our website. This information is collected by the Facebook component and assigned by Facebook to the respective Facebook account of the person concerned. If the person concerned clicks one of the Facebook buttons integrated on our website, for example the “Like” button, or the person concerned makes a comment, Facebook assigns this information to the personal Facebook user account of the person concerned and stores this personal data.
Facebook receives information via the Facebook component that the person concerned has visited our website whenever the person concerned is logged on to Facebook at the same time as accessing our website; this happens regardless of whether the person concerned clicks on the Facebook component or not. If the person concerned does not want this information to be transmitted to Facebook, they can prevent it from being transmitted by logging out of their Facebook account before calling up our website.
The data policy published by Facebook, which is available at en.facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. It also explains what setting options Facebook offers to protect the privacy of the person concerned. In addition, various applications are available that make it possible to suppress data transmission to Facebook. Such applications can be used by the person concerned to suppress data transmission to Facebook.
The data controller has integrated the Google Analytics component (with anonymisation function) on this website. Google Analytics is a web analytics service. Web analysis is the collection, collection and evaluation of data on the behaviour of visitors to Internet sites. A web analysis service collects, among other things, data on the website from which a person concerned has accessed a website (so-called referrer), which subpages of the website have been accessed or how often and for how long a subpage has been viewed. A web analysis is mainly used to optimize a website and for cost-benefit analysis of Internet advertising.
The Google Analytics component is operated by Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The data controller uses the suffix “_gat._anonymizeIp” for the web analysis via Google Analytics. By means of this addition, Google shortens and anonymizes the IP address of the Internet connection of the person concerned when accessing our Internet pages from a member state of the European Union or from another state party to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyse the flow of visitors to our website. Google uses the data and information collected to evaluate the use of our website, among other things, to compile online reports for us that show the activities on our website and to provide other services in connection with the use of our website.
Google Analytics places a cookie on the information technology system of the person concerned. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyse the use of our website. Each time one of the individual pages of this website is called up, which is operated by the data controller and on which a Google Analytics component has been integrated, the Internet browser on the information technology system of the person concerned is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical process, Google obtains knowledge of personal data, such as the IP address of the person concerned, which serves Google, among other things, to trace the origin of visitors and clicks and subsequently enable commission statements.
Cookies are used to store personal information, such as access time, the location from which access came and the frequency of visits to our website by the person concerned. Whenever you visit our website, this personal data, including the IP address of the Internet connection used by the person concerned, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may disclose personal data collected through the technical process to third parties.
The person concerned can prevent the setting of cookies by our website at any time, as already described above, by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a cookie on the information technology system of the person concerned. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.
The controller has integrated components of the Instagram service on this website. Instagram is a service that can be qualified as an audiovisual platform that allows users to share photos and videos and to redistribute such data on other social networks.
Instagram’s services are operated by Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, USA.
Each time one of the individual pages of this website is accessed, which is operated by the controller and on which an instagram component (Insta button) has been integrated, the Internet browser on the person’s information technology system is automatically prompted by the respective instagram component to download a representation of the corresponding component of instagram. In the course of this technical procedure, Instagram is informed about which specific subpage of our website is visited by the person concerned.
If the person concerned is logged in to Instagram at the same time, Instagram recognizes which specific subpage the person concerned visits with each visit to our website by the person concerned and for the entire duration of the respective stay on our website. This information is collected by the Instagram component and assigned to the person’s Instagram account by Instagram. If the person concerned presses one of the Instagram buttons integrated on our website, the data and information thus transmitted will be assigned to the personal Instagram user account of the person concerned and stored and processed by Instagram.
Instagram receives information via the Instagram component that the person concerned has visited our website whenever the person concerned is logged in to Instagram at the same time as accessing our website, regardless of whether or not the person concerned clicks on the Instagram component. If the person concerned does not want such information to be transmitted to Instagram, they can prevent the transmission by logging out of their Instagram account before accessing our website.
12. Legal basis of processing
Art. 6 I lit. a DS-GMO serves our company as a 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 a party, as is the case for example with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b DS-GMO. The same applies to such processing processes that are necessary to carry out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, for example to fulfil tax obligations, the processing is based on Art. 6 I lit. c DS-GMO. In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or 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 had to be passed on to a doctor, a hospital or other third parties. The processing would then be based on Art. 6 I lit. d DS-GMO.
Ultimately, processing operations could be based on Art. 6 I lit. f DS-GMO. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. Such processing procedures are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the person concerned is a customer of the person responsible (recital 47, second sentence, DS-GMO).
13. Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f DS-GMO, it is in our legitimate interest to conduct our business for the well-being of all our employees and our shareholders.
14. Duration for which the personal data is stored
The criterion for the duration of the storage of personal data is the respective legal retention period. After the expiry of this period, the corresponding data will be routinely deleted, provided that it is no longer necessary for the fulfilment or initiation of the contract.
15. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide
We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner).
In some cases, it may be necessary for a contract to be concluded if a data subject provides us with personal data which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company enters into a contract with him/her. Failure to provide personal data would mean that the contract with the data subject could not be concluded.
Prior to the provision of personal data by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or required for the conclusion of the contract, whether there is an obligation to provide the personal data and what consequences the failure to provide the personal data would have.
16. Existence of automated decision making
As a responsible company, we do without automatic decision-making or profiling.
This data protection declaration was created by the data protection declaration generator of the German Association for Data Protection, in cooperation with the media law attorneys WILDE BEUGER SOLMECKE | Lawyers.