KW automotive GmbH
Postcode, City, Country:
74427, Fichtenberg, Germany
Registered at Stuttgart Local Court, HRB 571255
Data Protection Officer
Basic information on data processing and legal bases
- The terms used, such as "personal data" or their "processing", we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
- The personal data of users processed in the context of this online offer include inventory data (e.g., names and addresses of customers), contract data (e.g., services used, names of agents, payment information), usage data (e.g., the visited websites of our online offer, interest in our products) and contact data (e.g., entries in the contact form).
- The term "user" covers all categories of data subjects. These include our business partners, customers, interested parties and other visitors to our online offering. The terms used, such as "user", are to be understood as gender-neutral.
- We process personal user data only in compliance with the relevant data protection regulations. This means that user data will only be processed if a legal permission has been obtained. This means, in particular if data processing is necessary for the provision of our contractual services (e.g. processing of orders) and online services, or is required by law, if the user has given his or her consent, as well as on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation and security of our online services within the meaning of Art. 6 Para. 1 letter f. GDPR, in particular for range measurement, creation of profiles for advertising and marketing purposes, collection of access data and use of third-party services.
- We point out that the legal basis of the consents Art. 6 para. 1 lit. a. and Art. 7 GDPR, the legal basis for the processing for the fulfilment of our services and the implementation of contractual measures Art. 6 para. 1 lit. b. GDPR, the legal basis for processing to fulfil our legal obligations Art. 6 para. 1 lit. c. GDPR, and the legal basis for processing to protect our legitimate interests Art. 6 para. 1 lit. f. GDPR is.
- We take organizational, contractual and technical security measures in accordance with the state of the art in order to ensure that the provisions of data protection laws are observed and thus to protect the data processed by us against accidental or intentional manipulation, loss, destruction or against access by unauthorized persons.
- The security measures include in particular the encrypted transmission of data between your browser and our server.
Passing on of data to third parties and third providers
- Data will only be passed on to third parties within the framework of legal requirements. We only pass on user data to third parties if, for example, this is necessary for contractual purposes on the basis of Art. 6 para. 1 lit. b) GDPR or on the basis of legitimate interests pursuant to Art. 6 para. 1 lit. f. GDPR on the economic and effective operation of our business operations.
- If we use subcontractors to provide our services, we will take appropriate legal precautions as well as appropriate technical and organisational measures to ensure the protection of personal data in accordance with the relevant statutory provisions.
- If content, tools or other means from other providers (hereinafter jointly referred to as "third party providers") are used in the context of this data protection declaration and their named registered office is in a third country, it is to be assumed that data is transferred to the countries in which the third party providers have their registered office. Third countries are countries in which the GDPR is not directly applicable law, i.e. in principle countries outside the EU or the European Economic Area. The transfer of data to third countries takes place either if an appropriate level of data protection, user consent or other legal permission is available.
Need of contractual services
- We process inventory data (e.g., names and addresses as well as contact data of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services pursuant to Art. 6 para. 1 lit b. GDPR.
- Users may optionally create a user account, in particular by viewing their orders. During the registration process, the required information will be communicated to the users. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account, subject to its storage is necessary for commercial or tax reasons according to Art. 6 Para. 1 lit. c GDPR. It is up to the users to save their data before the end of the contract if they have given notice of termination. We are entitled to irretrievably delete all user data stored during the term of the contract.
- When registering, re-registering and using our online services, we 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 unauthorized use. A passing on of this data to third parties does not take place in principle, unless it is necessary to pursue our claims or there is a legal obligation in accordance with Art. 6 para. 1 lit. c GDPR.
- We process usage data (e.g., the visited websites of our online offer, interest in our products) and content data (e.g., entries in the contact form or user profile) for advertising purposes in a user profile in order to show the user e.g. product information based on their previously used services.
- When contacting us (via contact form or e-mail), the user's details will be processed for processing the contact request and its handling in accordance with Art. 6 Para. 1 lit. b) GDPR.
Collection of access data and log files
- On the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR data on each access to the server on which this service is located (so-called server log files). Access data includes the name of the accessed website; file, date and time of access, transferred data volume, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.
- Log file information is stored for a maximum of 14 days for security reasons (e.g. to investigate misuse or fraud) and then deleted. Data whose further storage is required for evidentiary purposes are excluded from deletion until the respective incident has been finally clarified.
Cookies & reach measurement
- Cookies are information that is transferred from our web server or third party web servers to the user's web browser and stored there for later retrieval. Cookies can be small files or other types of information storage.
- We use "session cookies" that are only stored on our website for the duration of your current visit (e.g. to enable the storage of your login status or the shopping basket function and thus the use of our online offer at all). A randomly generated unique identification number, a so-called session ID, is stored in a session cookie. A cookie also contains information about its origin and the storage period. These cookies cannot store any other data. Session cookies are deleted when you have finished using our online offer and log out or close your browser, for example.
- 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. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
(http://optout.networkadvertising.org/) and additionally the US website (http://www.aboutads.info/choices) or the European website (http://www.youronlinechoices.com/uk/your-ad-choices/).
- Google is certified under the Privacy Shield Agreement and thereby offers a guarantee to comply with European data protection law
- Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services connected with the use of this online offer and the use of the Internet. Pseudonymous user profiles can be created from the processed data.
- We use Google Analytics to display advertisements placed by Google and its partners within advertising services only to users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products that are determined by the web pages visited) that we transmit to Google (so-called "remarketing" or "Google Analytics Audiences"). With the help of remarketing audiences we would also like to ensure that our ads correspond to the potential interest of the users and are not annoying.
- We use Google Analytics only with IP anonymization enabled. This means that Google will reduce the IP address of users within Member States of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.
- The IP address transmitted by the user's browser is not merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent Google from collecting the data generated by the cookie and relating to their use of the online offer and the processing of this data by Google by downloading and installing the browser plug-in available under the following link:
- Further information on data use by Google, possible settings and objections can be found on the Google websites: https://www.google.com/intl/de/policies/privacy/partners ("Data use by Google when using our partners' websites or apps"), http://www.google.com/policies/technologies/ads ("Data use for advertising purposes"), http://www.google.de/settings/ads ("Manage information that Google uses to show you advertising").
- The legal basis for the processing of personal data using marketing and remarketing services ("Google Marketing Services") of Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, ("Google") for analysis and advertising purposes is the user's consent pursuant to Art. 6 para. 1 lit. a GDPR.
Google is certified under the Privacy Shield Agreement and thereby offers a guarantee to comply with European data protection law
- The Google Marketing Services allow us to target ads for and on our site in order to present users only with ads that potentially match their interests. For example, if a user sees ads for products he has been interested in on other websites, this is referred to as "remarketing". For these purposes, when our and other websites on which Google marketing services are active are accessed, Google directly executes a code from Google and (re)marketing tags (invisible graphics or code, also known as "web beacons") are integrated into the website. With their help, an individual cookie, i.e. a small file, is stored on the user's device (comparable technologies can also be used instead of cookies). Cookies can be set by various domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com or googleadservices.com. In this file it is noted which websites the user visits, which contents he is interested in and which offers he has clicked on, furthermore technical information about the browser and operating system, referring websites, visiting time as well as further information about the use of the online offer. The IP address of the users is also recorded, whereby we inform within the framework of Google Analytics that the IP address is shortened within member states of the European Union or in other signatory states of the European Economic Area Agreement and only in exceptional cases completely transmitted to a Google server in the USA and shortened there. The IP address is not combined with the user's data within other Google offers. The above information may also be linked by Google to such information from other sources. If the user then visits other websites, the ads tailored to his interests can be displayed.
- The data of the users are processed pseudonymously within the framework of the Google marketing services. This means that Google does not store and process, for example, the names or e-mail addresses of users, but processes the relevant data cookie-related within pseudonymous user profiles. This means from Google's point of view, the ads are not managed and displayed for a specifically identified person, but for the cookie holder, regardless of who this cookie holder is. This does not apply if a user has expressly permitted Google to process the data without this pseudonymisation. The information collected by Google marketing services about users is transmitted to Google and stored on Google's servers in the USA.
- One of the Google marketing services used by us is the online advertising program "Google AdWords". In the case of Google AdWords, each AdWords customer receives a different "conversion cookie". Cookies cannot therefore be traced through the websites of AdWords customers. The information collected by the cookie is used to generate conversion statistics for AdWords customers who have opted for conversion tracking. AdWords customers see the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, you will not receive any information that personally identifies users.
- We can also use the "Google Optimizer" service. Google Optimizer allows us to track the effects of various changes to a website (e.g. changes to input fields, design, etc.) within the framework of so-called "A/B testing". Cookies are stored on the user's devices for these test purposes. Only pseudonymous user data is processed.
- We may also use Google Tag Manager to integrate and manage Google analytics and marketing services on our website.
- Further information on Google's use of data for marketing purposes can be found on the overview page: https://www.google.com/policies/technologies/ads, Google's data.
Facebook Social Plugins
- On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR) Social Plugins ("Plugins") of the social network facebook.com, which is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"). The plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and are identified by one of the Facebook logos (white "f" on blue tile, the terms "like", "like" or a "thumbs up" sign) or are marked with the addition "Facebook Social Plugin". The list and appearance of Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
- Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law
- If a user calls up a function of this online offer that contains such a plugin, his device establishes a direct connection to the Facebook servers. The content of the plugin is transmitted by Facebook directly to the user's device and integrated into the online offer. The processed data can be used to create user profiles. We therefore have no influence on the amount of data Facebook collects with the help of this plugin and therefore inform users according to our level of knowledge.
- By integrating the plugins, Facebook receives information that a user has called up the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his Facebook account. When users interact with the plugins, such as pressing the Like button or posting a comment, the information is sent directly from your device to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to obtain and store their IP address. According to Facebook, only an anonymized IP address is stored in Germany.
- The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as the relevant rights and setting options for the protection of the privacy of users, can be found in Facebook's data protection information: https://www.facebook.com/about/privacy/.
- If a user is a Facebook member and does not want Facebook to collect data about him via this online offer and link it to his member data stored on Facebook, he must log out of Facebook before using our online offer and delete his cookies. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US page http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.
Facebook, custom audiences and Facebook marketing services
- The legal basis for processing personal data using the Facebook pixel of the social network Facebook, which is operated by Facebook Inc, 1 Hacker Way, Menlo Park, CA 94025, USA, or, if you are a resident of the EU, Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook") for analysis and advertising purposes, is the consent of the user pursuant to Art. 6 para. 1 lit. a GDPR.
- Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law
- With the help of the Facebook pixel, Facebook is able to determine the visitors of our online offer as a target group for the presentation of advertisements (so-called "Facebook ads"). Accordingly, we use the Facebook pixel to display the Facebook ads we post only to Facebook users who have also shown an interest in our online offering or who have certain features (e.g. interests in certain topics or products that are determined by the websites visited) that we transmit to Facebook (so-called "custom audiences"). We also want to use the Facebook pixel to ensure that our Facebook ads meet the potential interest of users and are not a nuisance. The Facebook pixel also helps us understand the effectiveness of Facebook ads for statistical and market research purposes by showing whether users have been redirected to our website after clicking on a Facebook ad (so-called "conversion").
- When you visit our website, the Facebook pixel is directly integrated by Facebook and can store a so-called cookie, i.e. a small file, on your device. If you then log in to Facebook or visit Facebook when logged in, the visit to our online offer will be noted in your profile. The data collected about you is anonymous to us, so it does not provide us with any information about the identity of the user. However, Facebook stores and processes the data so that a connection to the respective user profile is possible and can be used by Facebook as well as for its own market research and advertising purposes. If we send data to Facebook for matching purposes, it is encrypted locally on the browser and only then sent to Facebook via a secure https connection. This is done solely with the purpose of creating a comparison with the data that is equally encrypted by Facebook.
- Furthermore, when using the Facebook pixel, we use the additional function "extended matching" (here data such as telephone numbers, e-mail addresses or Facebook IDs of the users) to form target groups ("custom audiences" or "look alike audiences") is transmitted to Facebook (encrypted). Further information on "extended comparison": https://www.facebook.com/business/help/611774685654668.
- Facebook processes the data in accordance with Facebook's Data Usage Policy. Accordingly, general information on the display of Facebook ads can be found in the Facebook Data Usage Policy: https://www.facebook.com/policy.php. For specific information and details about the Facebook pixel and how it works, please visit the Facebook Help section: https://www.facebook.com/business/help/651294705016616.
- You may object to the collection by the Facebook Pixel and use of your data to display Facebook Ads. To set what types of ads you see within Facebook, you can visit the page set up by Facebook and follow the instructions on usage-based advertising settings: https://www.facebook.com/settings?tab=ads. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.
- To prevent your information from being collected via the Facebook pixel on our website, please click the following link: Facebook-Opt-Out Note: When you click the link, an opt-out cookie is stored on your device. If you delete the cookies in this browser, you must click the link again. Furthermore, the opt-out only applies within the browser you use and only within our web domain on which the link was clicked.
(http://optout.networkadvertising.org/) and additionally the US website (http://www.aboutads.info/choices) or the European website
- Note: This is a sample newsletter sent via third party senders (as examples MailChimp and Clever Reach are optionally named) and has opening and click statistics. In this case, ask the shipping service providers for an "Order Processing Agreement" (or "Data Processing Agreement"). If you send the newsletter yourself or do not perform any analyses, you must shorten the sample accordingly.
Integration of third-party services and content
- Within our online offer, we make no representations or warranties of any kind based on our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR) content or service offerings of third parties to incorporate their content and services, such as videos or fonts (hereinafter uniformly referred to as "content"). This always presupposes that the third party providers of this content perceive the IP address of the users, since without the IP address they could not send the content to their browser. The IP address is therefore required for the display of this content. We make every effort to use only those contents whose respective providers use the IP address only for the delivery of the contents. Third-party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. Pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may include technical information about the browser and operating system, referring websites, visiting time and other information about the use of our online offer, as well as may be linked to such information from other sources.
- The following presentation provides an overview of third-party providers and their contents, together with links to their data protection declarations, which contain further information on the processing of data and, in some cases already mentioned here, possibilities of objection (so-called opt-out):
- If our customers use the payment services of third parties (e.g. PayPal or Sofortüberweisung), the terms and conditions and the data protection information of the respective third party providers, which can be accessed within the respective websites or transaction applications, apply.
- Functions of the Google+ service are integrated within our online offer. These features are provided by Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. If you are logged into your Google+ - account you can link the contents of our pages with your Google+ - profile by clicking the Google+ - button. This allows Google to associate the visit to our pages with your account. We would like to point out that we, as the provider of the pages, are not aware of the content of the übermittelten data or its use by Google+.
- Whappodo We use the Whappodo.com service to provide the WhatsApp chat! GmbH. On behalf of KWautomotive GmbH as operator of the website, Whappodo.com! GmbH to provide you with the WhatsApp service. Furthermore, the Whappodo.com! GmbH may collect additional personal data stored with WhatsApp, in particular the first and last name stored with WhatsApp, the device, profile picture and messages/images that you send to us via WhatsApp.
- We use the Google service reCaptcha to determine whether a person or a computer makes a specific entry in our contact or newsletter form. Google uses the following information to determine if you are a human being or a computer: IP address of the device you are using, the website you are visiting and on which the captcha is integrated, the date and duration of the visit, the identification data of the browser and operating system type used, Google account if you are logged in to Google, mouse movements on the reCaptcha areas and tasks for which you must identify images. The legal basis for the described data processing is Art. 6 para. 1 letter f of the Basic Data Protection Regulation. There is a legitimate interest on our part in this data processing to ensure the security of our website and to protect us from automated input (attacks).
Rights of users
- Users have the right, upon request and free of charge, to receive information about the personal data that we have stored about them.
- In addition, users have the right to correct inaccurate data, to limit the processing and deletion of their personal data, if applicable, to assert their rights to data portability and, in the event of the assumption of unlawful data processing, to file a complaint with the competent supervisory authority.
- Users may also revoke their consent, in principle with effect for the future.
Deletion of data
- The data stored by us will be deleted as soon as it is no longer required for its intended purpose and there are no legal storage obligations to prevent deletion. If the user's data are not deleted because they are necessary for other and legally permissible purposes, their processing is restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to user data that must be retained for commercial or tax reasons.
- In accordance with statutory requirements, storage shall be for 6 years in accordance with § 257 (1) HGB (trading books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with § 147 (1) AO (books, records, management reports, accounting documents, commercial and business letters, documents relevant to taxation, etc.).
Right of objection
- Users can object to the future processing of their personal data in accordance with legal requirements at any time. The objection may be lodged in particular against processing for direct marketing purposes.
Changes to the data protection declaration
- We reserve the right to change the data protection declaration to adapt it to changed legal situations or to changes in the service and data processing. However, this only applies with regard to declarations on data processing. If user consents are required or components of the data protection declaration contain provisions of the contractual relationship with the users, the changes will only be made with the users' consent.
- Users are asked to inform themselves regularly about the contents of the data protection declaration.