Privacy Policy

Privacy Policy for Kremser GmbH
Effective 25/05/2018

This data protection declaration explains to you the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offering and the associated websites, functions and contents (hereinafter jointly referred to as "online offering"). We refer to the definitions in art. 4 of the General Data Protection Act (GDPR) with regard to the terms used, such as "processing" or "data controller".

Data controller

Kremser GmbH
Gewerbering 2
D-90547 Stein, Germany
E-mail address: info@kremser.de
Managing Directors: Wolfgang Kremser, Dipl. Ing. Stefan Kremser
Link to legal notice: http://www.kremser.de/impressum.html

Types of data processed:

- Inventory data (e.g. names, addresses).
- Contact data (e.g., e-mail address, phone numbers).
- Content data (e.g. text input, photographs, videos).
- Usage data (e.g., websites visited, interest in content, access times).
- Meta/communication data (e.g. device information, IP addresses).

Categories of data subjects

Visitors and users of the online offering (hereinafter we refer to the data subjects as "users").

Purpose of processing

- Provision of the online offering, its functions and contents.
- Response to contact requests and communication with users.
- Security measures.
- Reach measurement/marketing

Terms used

“Personal data” refers to all information relating to an identified or identifiable natural person (hereinafter “data subject”); a natural person is regarded as identifiable if he/she can be directly or indirectly identified, especially by means of association with an identifier such as a name, with an identification number, with location data, with an online ID (e.g. cookies) or with one or several special features reflecting the physical, physiological, genetic, psychic, economic, cultural or social identity of that natural person;

"Processing" means any operation carried out with or without the aid of automated procedures or any such series of operations in connection with personal data. The term is broad and covers virtually every aspect of dealing with data.

"Pseudonymisation" means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without additional information, provided that this additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data is not attributed to an identified or an identifiable natural person.

"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.

The "data controller" means the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data.

An "order processor" is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the data controller.

Applicable legal bases

In accordance with Art. 13 GDPR, we are informing you of the legal basis of our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consents is Art. 6 para. 1(a) and Art. 7 GDPR, the legal basis for processing for the performance of our services and performance of contractual measures as well as for answering inquiries is Art. 6 para. 1(b) GDPR, the legal basis for processing to fulfil our legal obligations is Art. 6 para. 1(c) GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 para. 1(f) GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 Para. 1(d) GDPR applies as the legal basis.

Security measures

In accordance with Art. 32 of the GDPR, we take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, implementation costs, the nature, scope, context and purposes of processing and the varying likelihood and severity of the risk to the rights and freedoms of natural persons.

Measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access to it and its input, disclosure, availability and separation. We have also set up procedures to ensure that data subjects enjoy their rights, and for data deletion and data vulnerability. Furthermore, we already consider the protection of personal data in the development, or selection of hardware, software and procedures, according to the principle of data protection through technology design and privacy-friendly default settings (Article 25 GDPR).

Cooperation with contract processors and third parties

If we disclose data to other persons and companies (contract processors or third parties) within the scope of our processing, transmit it to them or otherwise grant them access to the data, this shall only take place on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as payment service providers, in accordance with Art. 6 Para. 1(b) GDPR for contract fulfilment is necessary), if you have consented, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.). 

If we commission third parties with the processing of data on the basis of a so-called "order processing contract", this is done on the basis of Art. 28 GDPR.

Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of the use of third-party services or disclosure or transfer of data to third parties, this only takes place if it occurs for the fulfilment of our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or leave the data in a third country only in the presence of the special requirements of Art. 44 et seq. GDPR. This means, for example, processing is carried out on the basis of special guarantees, such as the officially recognised determination of a data protection level corresponding to the EU (e.g. for the USA via the "Privacy Shield") or compliance with officially recognised special contractual obligations (called "standard contractual clauses").

Since we use offers from Google (Google Analytics, Google Maps) on our online offering, the information generated about the use of this online offering is usually transferred to a Google server in the USA and stored there. Data is therefore transferred to a third country. It is taken into account that appropriate/adequate guarantees are available and that you have enforceable rights and effective remedies at your disposal.

However, if IP anonymisation is activated in our offering, your IP address will be stored by Google in shortened form within member states of the European Union or in other countries that are contracting parties to the Agreement on the European Economic Area.

For more information, see Google Analytics.

The rights of data subjects

You have the right to request confirmation as to whether the data concerned are being processed and to request information about these data as well as further information and a copy of the data in accordance with Art. 15 GDPR.

According to  Art. 16 GDPR, you have the right to request the completion of data concerning you or the correction of inaccurate data concerning you.

In accordance with Art. 17 GDPR, you have the right to demand that relevant data be deleted immediately or, alternatively, to demand a restriction on the processing of the data in accordance with Art. 18 GDPR.

You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 GDPR and to request its transmission to other data controllers. 

According to Art. 77 GDPR you have the further right to lodge a complaint with the competent supervisory authority.

Right of revocation

You have the right to revoke consents granted pursuant to Art. 7 para. 3 GDPR with future effect

Right of objection

You can object to the future processing of the data concerning you in accordance with Art. 21 GDPR at any time. The objection may be lodged in particular against processing for direct marketing purposes.

Cookies and right of objection to direct advertising

"Cookies" are small files that are stored on the user’s computer. Different data can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his/her visit to an online offering. Temporary cookies, "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offering and closes his/her browser. For example, the content of a shopping cart in an online shop or a login status can be stored in a cookie of this nature. Cookies are referred to as "permanent" or "persistent" if they remain saved even after the browser is closed. For example, the login status can be saved if users visit it after several days have passed. Likewise, the interests of users may be stored in a cookie of this nature and used for reach measurements or marketing purposes. Third-party cookies" are cookies that are offered by providers other than the data controller who operates the online offering (otherwise, if the only cookies are run by the data controller person, they are referred to as "first-party cookies").

We may use temporary and permanent cookies and clarify this within the framework of our data protection declaration.

This online offering uses:

Temporary cookie:
Session cookies (one-time usage process)
Life span: Until this online offering is closed

Permanent cookies:
CookieConsent stores the user’s consent status for cookies
Life span: 1 year

Google Analytics Cookies
Life span: 2 years

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. Cookies already saved can be deleted in the system settings of the browser at any time. Deactivating the use of cookies can restrict some of this site’s functionality.

A general objection to the use of cookies used for online marketing purposes can be explained in a variety of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/. Furthermore, you can deactivate the storage of cookies in the browser settings. Please note that in this case not all functions of this online offering can be used.

Deletion of data

The data processed by us will be deleted or their processing restricted in accordance with Articles 17 and 18 GDPR. Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage obligations. If the data is not deleted because it is necessary for other and legally permissible purposes, the processing of the data will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.

According to legal requirements in Germany, this storage is carried out in particular for 10 years in accordance with §§ 147 para. 1 AO, 257 para. 1 nos. 1 and 4, para. 4 HGB (books, records, management reports, accounting documents, trading books, documents relevant for taxation, etc.) and 6 years in accordance with § 257 para. 1 no. 2 and 3, para. 4 HGB (commercial letters). 

According to legal regulations in Austria the storage takes place in particular for 7 years according to § 132 paragraph 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate and for 10 years in the case of documents relating to electronically supplied services, telecommunications, broadcasting and television services provided to non-entrepreneurs in EU Member States and for which the Mini-One-Stop-Shop (MOSS) is used.

Business-related processing

In addition we process

- Contract data (e.g., subject, term, customer category).
- Payment data (e.g., bank details, payment history)

from our customers, prospects and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.

Contractual services

We process the data of our contractual partners and interested parties as well as other clients, customers or contractual partners (uniformly referred to as "contractual partners") in accordance with Art. 6 para. 1(b) GDPR to provide our contractual or pre-contractual services to them. The data processed here, the type, scope and purpose and the necessity of its processing, are determined by the underlying contractual relationship. 

The processed data includes our contractual partners’ master data (e.g., names and addresses), contact data (e.g. e-mail addresses and telephone numbers) as well as contract data (e.g. services used, contract contents, contractual communication, names of contact persons) and payment data (e.g. bank details, payment history). 

We do not process special categories of personal data unless this is part of contracted or contractual processing. 

We process data which is necessary to justify and fulfil the contractual services and point out the necessity of its disclosure, unless this is evident for the contractual partners. Disclosure to external persons or companies is only made if it is required within the framework of a contract. When processing the data provided to us within the framework of an order, we act in accordance with the client’s instructions as well as with the legal requirements of order processing pursuant to 

When using our online services, we may store the IP address and the time of the respective user action. The data is stored on the basis of our legitimate interests as well as the user’s protection against misuse and other unauthorised use. As a matter of principle, this data will not be passed on to third parties, unless it is necessary to pursue our claims pursuant to Art. 6 para. 1(f) GDPR is required or there is a legal obligation in accordance with Art. 6 para. 1(c) GDPR.

The data will be deleted if the data is no longer required for the fulfilment of contractual or statutory duties of care or for the handling of any warranty or comparable obligations, whereby the necessity of storing the data is checked every three years; in all other respects, the statutory storage obligations apply.

Administration, financial accounting, office organisation, contact management

We process data within the framework of administrative tasks as well as the organisation of our company, financial accounting and compliance with legal obligations, e.g. archiving. We process the same data that we process in the course of providing our contractual services. The bases for processing are Art. 6 para. 1(c) GDPR, Art. 6 para. 1(f) GDPR. Customers, prospective customers, business partners and website visitors are affected by the processing. The purpose of and our interest in the processing lies in the administration, financial accounting, office organisation, archiving of data, namely, tasks which serve the maintenance of our business activities, performance of our tasks and provision of our services. The deletion of data with regard to contractual services and contractual communication corresponds to the tasks specified in these processing activities.

In this regard, we disclose or transmit data to tax authorities, consultants, such as tax consultants or auditors, as well as other fee offices and payment service providers.

Furthermore, we store information regarding suppliers, event organisers and other business partners on the basis of our business interests, e.g. for the purpose of making contact at a later date. In principle, we store this data, which is mainly company-related, permanently.

Making contact

When contacting us (e.g. by e-mail or telephone), the user’s details for processing the contact enquiry and its processing pursuant to Art. 6 para. 1(b) GDPR (in the context of contractual/pre-contractual relationships), Art. 6 para. 1(f) GDPR (other requests). User information can be stored in a Customer Relationship Management System ("CRM System") or comparable request organisation.

We delete the enquiries if they are no longer necessary. We review this requirement every two years; statutory archiving obligations also apply.

Hosting and e-mail delivery

The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, e-mail delivery, security services and technical maintenance services that we use for the purpose of operating this online offering. 

We or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta- and communication data of customers, interested parties and visitors of this online offering on the basis of our legitimate interests in an efficient and secure provision of this online offering according to Art. 6 Para. 1(f) GDPR in conjunction with. Art. 28 GDPR (conclusion of order processing contract).

Collection of access data and log files

We, or our hosting provider, collect the following data on the basis of our legitimate interests within the meaning of Art. 6 para. 1(f) GDPR data on each access to the server on which this service is located (so-called server log files).

Log files store, among other things, the IP address, the browser used, the time and date and the system used by a site visitor. We only store pseudonymised IP addresses of website visitors. At web server level this is done by saving an IP address 123.123.123.XXX instead of the actual IP address of the visitor, where XXX is a random value between 1 and 254. The creation of a personal reference is no longer possible.

Log file information (Apachelog) is stored for security purposes (for example, to investigate abusive or fraudulent activities) for a maximum of two months and then deleted. Data whose further storage is required for evidence purposes is excluded from deletion until the relevant incident has been finally clarified.

Google Analytics

On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offering within the meaning of Art. 6 para. 1(f) GDPR) we use Google Analytics, a web analysis service from Google LLC ("Google"). Google uses cookies. The information generated by the cookie about the user’s use of the website’s online offeringings is generally transmitted to and stored on a Google server in the USA.

Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

On our behalf, Google will use this information to evaluate the use of our online offering by the user, to compile reports on the activities within this online offering and to provide us with other services related to the use of this online offering and internet usage. Pseudonymous usage profiles of users may be created from the processed data in this respect.

We use Google Analytics only with activated IP anonymisation. This means that the IP address of the user is shortened by Google within the member states of the European Union or in other countries that are party to the Agreement on the European Economic Area. The full IP address will only be transferred to a Google server in the USA and shortened in exceptional cases.

The IP address sent by your browser will not be connected with other data from Google. Users may refuse the use of cookies by selecting the appropriate settings on their browser software; users may also prevent Google from collecting data generated by the cookie and relating to their use of the online offering and from processing this data by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

For more information about Google’s data usage, hiring and opt-out options, please refer to Google’s Privacy Policy (https://policies.google.com/technologies/ads) as well as in the settings for the display of adverts by Google (https://adssettings.google.com/authenticated).

Users’ personal data will be deleted or made anonymous after 14 months.

Google Maps

We integrate maps from the service “Google Maps” from the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The processed data may include in particular users’ IP addresses and location data, which, however, are not collected without their consent (as a rule within the framework of the settings of their mobile devices). The data can be processed in the USA. Data protection declaration: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.