Data Protection Declaration

Data Protection Declaration

1. An overview of data protection

 

General information

The following information will provide you with an easy to navigate overview of what will happen with your

personal data when you visit this website. The term “personal data” comprises all data that can be used to

personally identify you. For detailed information about the subject matter of data protection, please consult

our Data Protection Declaration, which we have included beneath this copy.

 

Data recording on this website

Who is the responsible party for the recording of data on this website (i.e., the “controller”)?

The data on this website is processed by the operator of the website, whose contact information is available

under section “Information about the responsible party (referred to as the “controller” in the GDPR)” in this

Privacy Policy.

 

How do we record your data?

We collect your data as a result of your sharing of your data with us. This may, for instance be information

you enter into our contact form.

 

Other data shall be recorded by our IT systems automatically or after you consent to its recording during

your website visit. This data comprises primarily technical information (e.g., web browser, operating system,

or time the site was accessed). This information is recorded automatically when you access this website.

What are the purposes we use your data for?

 

A portion of the information is generated to guarantee the error free provision of the website. Other data

may be used to analyze your user patterns.

 

What rights do you have as far as your information is concerned?

You have the right to receive information about the source, recipients, and purposes of your archived

personal data at any time without having to pay a fee for such disclosures. You also have the right to demand

that your data are rectified or eradicated. If you have consented to data processing, you have the option to

revoke this consent at any time, which shall affect all future data processing. Moreover, you have the right to

demand that the processing of your data be restricted under certain circumstances. Furthermore, you have

the right to log a complaint with the competent supervising agency.

Please do not hesitate to contact us at any time if you have questions about this or any other data protection

related issues.

 

2. Hosting

We are hosting the content of our website at the following provider:

Hetzner

The provider is the Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany (hereinafter

referred to as Hetzner).

For details, please view the data privacy policy of Hetzner:

https://www.hetzner.com/de/rechtliches/datenschutz.

 

We use Hetzner on the basis of Art. 6(1)(f) GDPR. We have a legitimate interest in the most reliable

depiction of our website possible. If appropriate consent has been obtained, the processing is carried out

exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of

cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning

of the TTDSG. This consent can be revoked at any time.

 

Data processing

We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a

contract mandated by data privacy laws that guarantees that they process personal data of our website

visitors only based on our instructions and in compliance with the GDPR.
 

3. General information and mandatory information

 

Data protection

The operators of this website and its pages take the protection of your personal data very seriously. Hence,

we handle your personal data as confidential information and in compliance with the statutory data

protection regulations and this Data Protection Declaration.

Whenever you use this website, a variety of personal information will be collected. Personal data comprises

data that can be used to personally identify you. This Data Protection Declaration explains which data we

collect as well as the purposes we use this data for. It also explains how, and for which purpose the

information is collected.

We herewith advise you that the transmission of data via the Internet (i.e., through e-mail communications)

may be prone to security gaps. It is not possible to completely protect data against third-party access.

Information about the responsible party (referred to as the “controller” in the GDPR)

 

The data processing controller on this website is:

Kessler & Co. GmbH & Co. KG

Hüttlinger Str. 18-20

D-73453 Abtsgmünd

Phone: +49 (0) 73 66 81-0

E-mail: info@kessler-co.com

 

The controller is the natural person or legal entity that single-handedly or jointly with others makes

decisions as to the purposes of and resources for the processing of personal data (e.g., names, e-mail

addresses, etc.).

 

Storage duration

Unless a more specific storage period has been specified in this privacy policy, your personal data will remain

with us until the purpose for which it was collected no longer applies. If you assert a justified request for

deletion or revoke your consent to data processing, your data will be deleted, unless we have other legally

permissible reasons for storing your personal data (e.g., tax or commercial law retention periods); in the

latter case, the deletion will take place after these reasons cease to apply.

 

General information on the legal basis for the data processing on this website

If you have consented to data processing, we process your personal data on the basis of Art. 6(1)(a) GDPR or

Art. 9 (2)(a) GDPR, if special categories of data are processed according to Art. 9 (1) DSGVO. In the case of

explicit consent to the transfer of personal data to third countries, the data processing is also based on Art.

49 (1)(a) GDPR. If you have consented to the storage of cookies or to the access to information in your end

device (e.g., via device fingerprinting), the data processing is additionally based on § 25 (1) TTDSG. The

consent can be revoked at any time. If your data is required for the fulfillment of a contract or for the

implementation of pre-contractual measures, we process your data on the basis of Art. 6(1)(b) GDPR.

Furthermore, if your data is required for the fulfillment of a legal obligation, we process it on the basis of Art.

6(1)(c) GDPR. Furthermore, the data processing may be carried out on the basis of our legitimate interest

according to Art. 6(1)(f) GDPR. Information on the relevant legal basis in each individual case is provided in

the following paragraphs of this privacy policy.

 

Designation of a data protection officer

We have appointed a data protection officer.

Kessler & Co. GmbH & Co. KG

Datenschutzbeauftragter Alexander Wolfs

Hüttlinger Str. 18-20

73453 Abtsgmünd

Phone: +49 (0)7366 81 835

E-mail: datenschutz@kessler-co.com
 

Information on data transfer to the USA and other non-EU countries

Among other things, we use tools of companies domiciled in the United States or other from a data

protection perspective non-secure non-EU countries. If these tools are active, your personal data may

potentially be transferred to these non-EU countries and may be processed there. We must point out that in

these countries, a data protection level that is comparable to that in the EU cannot be guaranteed. For

instance, U.S. enterprises are under a mandate to release personal data to the security agencies and you as

the data subject do not have any litigation options to defend yourself in court. Hence, it cannot be ruled out

that U.S. agencies (e.g., the Secret Service) may process, analyze, and permanently archive your personal

data for surveillance purposes. We have no control over these processing activities.

 

Revocation of your consent to the processing of data

A wide range of data processing transactions are possible only subject to your express consent. You can also

revoke at any time any consent you have already given us. This shall be without prejudice to the lawfulness

of any data collection that occurred prior to your revocation.

 

Right to object to the collection of data in special cases; right to object to direct

advertising (Art. 21 GDPR)

 

IN THE EVENT THAT DATA ARE PROCESSED ON THE BASIS OF ART. 6(1)(E) OR (F) GDPR, YOU HAVE

THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA BASED ON

GROUNDS ARISING FROM YOUR UNIQUE SITUATION. THIS ALSO APPLIES TO ANY PROFILING BASED

ON THESE PROVISIONS. TO DETERMINE THE LEGAL BASIS, ON WHICH ANY PROCESSING OF DATA IS

BASED, PLEASE CONSULT THIS DATA PROTECTION DECLARATION. IF YOU LOG AN OBJECTION, WE

WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA, UNLESS WE ARE IN A POSITION TO

PRESENT COMPELLING PROTECTION WORTHY GROUNDS FOR THE PROCESSING OF YOUR DATA,

THAT OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOMS OR IF THE PURPOSE OF THE

PROCESSING IS THE CLAIMING, EXERCISING OR DEFENCE OF LEGAL ENTITLEMENTS (OBJECTION

PURSUANT TO ART. 21(1) GDPR).

 

IF YOUR PERSONAL DATA IS BEING PROCESSED IN ORDER TO ENGAGE IN DIRECT ADVERTISING,

YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR AFFECTED PERSONAL DATA FOR

THE PURPOSES OF SUCH ADVERTISING AT ANY TIME. THIS ALSO APPLIES TO PROFILING TO THE

EXTENT THAT IT IS AFFILIATED WITH SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL

DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR DIRECT ADVERTISING PURPOSES

(OBJECTION PURSUANT TO ART. 21(2) GDPR).

 

Right to log a complaint with the competent supervisory agency

In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory

agency, in particular in the member state where they usually maintain their domicile, place of work or at the

place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other

administrative or court proceedings available as legal recourses.

 

Right to data portability

You have the right to demand that we hand over any data we automatically process on the basis of your

consent or in order to fulfil a contract be handed over to you or a third party in a commonly used, machine

readable format. If you should demand the direct transfer of the data to another controller, this will be done

only if it is technically feasible.

 

Information about, rectification and eradication of data

Within the scope of the applicable statutory provisions, you have the right to at any time demand

information about your archived personal data, their source and recipients as well as the purpose of the

processing of your data. You may also have a right to have your data rectified or eradicated. If you have

questions about this subject matter or any other questions about personal data, please do not hesitate to

contact us at any time.

 

Right to demand processing restrictions

You have the right to demand the imposition of restrictions as far as the processing of your personal data is

concerned. To do so, you may contact us at any time. The right to demand restriction of processing applies in

the following cases:

 

In the event that you should dispute the correctness of your data archived by us, we will usually need

some time to verify this claim. During the time that this investigation is ongoing, you have the right to

demand that we restrict the processing of your personal data.

 

If the processing of your personal data was/is conducted in an unlawful manner, you have the option to

demand the restriction of the processing of your data in lieu of demanding the eradication of this data.

If we do not need your personal data any longer and you need it to exercise, defend or claim legal

entitlements, you have the right to demand the restriction of the processing of your personal data instead

of its eradication.

 

If you have raised an objection pursuant to Art. 21(1) GDPR, your rights and our rights will have to be

weighed against each other. As long as it has not been determined whose interests prevail, you have the

right to demand a restriction of the processing of your personal data.

 

If you have restricted the processing of your personal data, these data – with the exception of their archiving –

may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to

protect the rights of other natural persons or legal entities or for important public interest reasons cited by

the European Union or a member state of the EU.

 

SSL and/or TLS encryption

For security reasons and to protect the transmission of confidential content, such as purchase orders or

inquiries you submit to us as the website operator, this website uses either an SSL or a TLS encryption

program. You can recognize an encrypted connection by checking whether the address line of the browser

switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line.

If the SSL or TLS encryption is activated, data you transmit to us cannot be read by third parties.

 

4. Recording of data on this website

Cookies

Our websites and pages use what the industry refers to as “cookies.” Cookies are small data packages that do

not cause any damage to your device. They are either stored temporarily for the duration of a session

(session cookies) or they are permanently archived on your device (permanent cookies). Session cookies are

automatically deleted once you terminate your visit. Permanent cookies remain archived on your device

until you actively delete them, or they are automatically eradicated by your web browser.

Cookies can be issued by us (first-party cookies) or by third-party companies (so-called third-party cookies).

Third-party cookies enable the integration of certain services of third-party companies into websites (e.g.,

cookies for handling payment services).

 

Cookies have a variety of functions. Many cookies are technically essential since certain website functions

would not work in the absence of these cookies (e.g., the shopping cart function or the display of videos).

Other cookies may be used to analyze user behavior or for promotional purposes.

 

Cookies, which are required for the performance of electronic communication transactions, for the provision of certain functions you want to use (e.g., for the shopping cart function) or those that are necessary for the

optimization (required cookies) of the website (e.g., cookies that provide measurable insights into the web

audience), shall be stored on the basis of Art. 6(1)(f) GDPR, unless a different legal basis is cited. The

operator of the website has a legitimate interest in the storage of required cookies to ensure the technically

error-free and optimized provision of the operator’s services. If your consent to the storage of the cookies

and similar recognition technologies has been requested, the processing occurs exclusively on the basis of

the consent obtained (Art. 6(1)(a) GDPR and § 25 (1) TTDSG); this consent may be revoked at any time.

You have the option to set up your browser in such a manner that you will be notified any time cookies are

placed and to permit the acceptance of cookies only in specific cases. You may also exclude the acceptance of

cookies in certain cases or in general or activate the delete-function for the automatic eradication of cookies

when the browser closes. If cookies are deactivated, the functions of this website may be limited.

Which cookies and services are used on this website can be found in this privacy policy.

 

Server log files

The provider of this website and its pages automatically collects and stores information in so-called server

log files, which your browser communicates to us automatically. The information comprises:

The type and version of browser used

The used operating system

Referrer URL

The hostname of the accessing computer

The time of the server inquiry

The IP address

This data is not merged with other data sources.

This data is recorded on the basis of Art. 6(1)(f) GDPR. The operator of the website has a legitimate interest

in the technically error free depiction and the optimization of the operator’s website. In order to achieve this,

server log files must be recorded.

 

Contact form

If you submit inquiries to us via our contact form, the information provided in the contact form as well as any

contact information provided therein will be stored by us in order to handle your inquiry and in the event

that we have further questions. We will not share this information without your consent.

The processing of these data is based on Art. 6(1)(b) GDPR, if your request is related to the execution of a

contract or if it is necessary to carry out pre-contractual measures. In all other cases the processing is based

on our legitimate interest in the effective processing of the requests addressed to us (Art. 6(1)(f) GDPR) or

on your agreement (Art. 6(1)(a) GDPR) if this has been requested; the consent can be revoked at any time.

The information you have entered into the contact form shall remain with us until you ask us to eradicate the

data, revoke your consent to the archiving of data or if the purpose for which the information is being

archived no longer exists (e.g., after we have concluded our response to your inquiry). This shall be without

prejudice to any mandatory legal provisions, in particular retention periods.

Request by e-mail, telephone, or fax

 

If you contact us by e-mail, telephone or fax, your request, including all resulting personal data (name,

request) will be stored and processed by us for the purpose of processing your request. We do not pass these

data on without your consent.

 

These data are processed on the basis of Art. 6(1)(b) GDPR if your inquiry is related to the fulfillment of a

contract or is required for the performance of pre-contractual measures. In all other cases, the data are

processed on the basis of our legitimate interest in the effective handling of inquiries submitted to us (Art.

6(1)(f) GDPR) or on the basis of your consent (Art. 6(1)(a) GDPR) if it has been obtained; the consent can be

revoked at any time.

 

The data sent by you to us via contact requests remain with us until you request us to delete, revoke your

consent to the storage or the purpose for the data storage lapses (e.g. after completion of your request).

Mandatory statutory provisions - in particular statutory retention periods - remain unaffected.

 

5. Plug-ins and Tools

Google Fonts (local embedding)

This website uses so-called Google Fonts provided by Google to ensure the uniform use of fonts on this site.

These Google fonts are locally installed so that a connection to Google’s servers will not be established in

conjunction with this application.

 

For more information on Google Fonts, please follow this link:

https://developers.google.com/fonts/faq and consult Google’s Data Privacy Declaration under:

https://policies.google.com/privacy?hl=en.

 

Google Maps

This website uses the mapping service Google Maps. The provider is Google Ireland Limited (“Google”),

Gordon House, Barrow Street, Dublin 4, Ireland.

To enable the use of the Google Maps features, your IP address must be stored. As a rule, this information is

transferred to one of Google’s servers in the United States, where it is archived. The operator of this website

has no control over the data transfer. In case Google Maps has been activated, Google has the option to use

Google Fonts for the purpose of the uniform depiction of fonts. When you access Google Maps, your

browser will load the required web fonts into your browser cache, to correctly display text and fonts.

We use Google Maps to present our online content in an appealing manner and to make the locations

disclosed on our website easy to find. This constitutes a legitimate interest as defined in Art. 6(1)(f) GDPR. If

appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a)

GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in

the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be

revoked at any time.

 

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European

Commission. Details can be found here:

https://privacy.google.com/businesses/gdprcontrollerterms/ and

https://privacy.google.com/businesses/gdprcontrollerterms/sccs/.

 

For more information on the handling of user data, please review Google’s Data Privacy Declaration under:

https://policies.google.com/privacy?hl=en.

 

Google reCAPTCHA

We use “Google reCAPTCHA” (hereinafter referred to as “reCAPTCHA”) on this website. The provider is

Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

The purpose of reCAPTCHA is to determine whether data entered on this website (e.g., information entered

into a contact form) is being provided by a human user or by an automated program. To determine this,

reCAPTCHA analyzes the behavior of the website visitors based on a variety of parameters. This analysis is

triggered automatically as soon as the website visitor enters the site. For this analysis, reCAPTCHA

evaluates a variety of data (e.g., IP address, time the website visitor spent on the site or cursor movements

initiated by the user). The data tracked during such analyses are forwarded to Google.

reCAPTCHA analyses run entirely in the background. Website visitors are not alerted that an analysis is

underway.

 

Data are stored and analyzed on the basis of Art. 6(1)(f) GDPR. The website operator has a legitimate

interest in the protection of the operator’s websites against abusive automated spying and against SPAM. If

appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a)

GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in

the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be

revoked at any time.

 

For more information about Google reCAPTCHA please refer to the Google Data Privacy Declaration and

Terms Of Use under the following links:

https://policies.google.com/privacy?hl=en and

https://policies.google.com/terms?hl=en.

 

Google Analytics

 

This website uses functions of the web analytics service Google Analytics. The provider is Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.

 

Google Analytics enables the website operator to analyze the behavior of website visitors. In doing so, the website operator receives various usage data, such as page views, dwell time, operating systems used and the origin of the user. This data may be summarized by Google in a profile that is assigned to the respective user or their end device.

 

Google Analytics uses technologies that enable the recognition of the user for the purpose of analyzing user behavior (e.g. cookies or device fingerprinting). The information collected by Google about the use of this website is usually transferred to a Google server in the USA and stored there.

 

The use of this analysis tool is based on Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in analyzing user behavior in order to optimize both its website and its advertising. If a corresponding consent has been requested (e.g. consent to store cookies), the processing is based exclusively on Art. 6 para. 1 lit. a DSGVO; the consent can be revoked at any time.

 

Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://privacy.google.com/businesses/controllerterms/mccs/.

 

6. Custom Services

Handling applicant data

We offer website visitors the opportunity to submit job applications to us (e.g., via e-mail, via postal services

on by submitting the online job application form). Below, we will brief you on the scope, purpose and use of

the personal data collected from you in conjunction with the application process. We assure you that the

collection, processing, and use of your data will occur in compliance with the applicable data privacy rights

and all other statutory provisions and that your data will always be treated as strictly confidential.

 

Scope and purpose of the collection of data

If you submit a job application to us, we will process any affiliated personal data (e.g., contact and

communications data, application documents, notes taken during job interviews, etc.), if they are required to

make a decision concerning the establishment or an employment relationship. The legal grounds for the

aforementioned are § 26 BDSG according to German Law (Negotiation of an Employment Relationship), Art.

6(1)(b) GDPR (General Contract Negotiations) and – provided you have given us your consent – Art. 6(1)(a)

GDPR. You may revoke any consent given at any time. Within our company, your personal data will only be

shared with individuals who are involved in the processing of your job application.

 

If your job application should result in your recruitment, the data you have submitted will be archived on the

grounds of § 26 BDSG and Art. 6(1)(b) GDPR for the purpose of implementing the employment relationship

in our data processing system.

 

Data Archiving Period

If we are unable to make you a job offer or you reject a job offer or withdraw your application, we reserve the

right to retain the data you have submitted on the basis of our legitimate interests (Art. 6(1)(f) GDPR) for up

to 6 months from the end of the application procedure (rejection or withdrawal of the application).

Afterwards the data will be deleted, and the physical application documents will be destroyed. The storage

serves in particular as evidence in the event of a legal dispute. If it is evident that the data will be required

after the expiry of the 6-month period (e.g., due to an impending or pending legal dispute), deletion will only

take place when the purpose for further storage no longer applies.

 

Longer storage may also take place if you have given your agreement (Article 6(1)(a) GDPR) or if statutory

data retention requirements preclude the deletion.

 

Admission to the applicant pool

If we do not make you a job offer, you may be able to join our applicant pool. In case of admission, all

documents and information from the application will be transferred to the applicant pool in order to contact

you in case of suitable vacancies.

 

Admission to the applicant pool is based exclusively on your express agreement (Art. 6(1)(a) GDPR). The

submission agreement is voluntary and has no relation to the ongoing application procedure. The affected

person can revoke his agreement at any time. In this case, the data from the applicant pool will be

irrevocably deleted, provided there are no legal reasons for storage.

 

The data from the applicant pool will be irrevocably deleted no later than two years after consent has been

granted.