Name and contact details of the responsible person(s) Our responsible person(s) (hereinafter "responsible person(s)") within the meaning of Art. 4 fig. 7 DS-GVO is:
Brauerei KemkerWettendorf 148351, Everswinkel, GermanyEmail address: email@example.comDatenarten, purposes of processing and categories of data subjects.
In the following, we inform you about the type, scope and purpose of the collection, processing and use of personal data.
1. Types of data we process: Use data (access times, websites visited, etc.), inventory data (name, address, etc.), contact data (telephone number, e-mail, fax, etc.), payment data (bank data, account data, payment history, etc.), contract data (subject of the contract, term, etc.), communication data (IP address, etc.).
2. purposes of processing according to Art. 13 (1) c) GDPRprocessing of contracts, purposes of evidence / preservation of evidence, fulfilment of contractual obligations, fulfilment of legal retention obligations, customer service and customer care, processing contact requests, providing websites with functions and content.
3. categories of data subjects according to Art. 13 (1) e) GDPR-visitors/users of the website, customers, interested parties, The data subjects are collectively referred to as "users".
Legal basis for the processing of personal data
Below we inform you about the legal basis for the processing of personal data: If we have obtained your consent for the processing of personal data, the legal basis is Art. 6 (1) p. 1 lit. a) DS-GVO. If the processing is necessary for the performance of a contract or for the implementation of pre-contractual measures that are carried out at your request, Art. 6 (1) p. 1 lit. b) DS-GVO is the legal basis. If processing is necessary to comply with a legal obligation to which we are subject (e.g. statutory retention obligations), the legal basis is Article 6 (1) sentence 1 lit. c) DS-GVO.
If the processing is necessary to protect the vital interests of the data subject or another natural person, Art. 6 (1) sentence 1 lit. d) DS-GVO is the legal basis.
If processing is necessary to protect our or a third party's legitimate interests and your interests or fundamental rights and freedoms do not override this, Art. 6 para. 1 p. 1 lit. f) DS-GVO is the legal basis.
Disclosure of personal data to third parties and order processors
As a matter of principle, we do not pass on any data to third parties without your consent. If this should nevertheless be the case, then the disclosure is made on the basis of the aforementioned legal grounds, e.g. in the case of the disclosure of data to online payment providers for the fulfilment of a contract or due to a court order or because of a legal obligation to hand over the data for the purpose of criminal prosecution, to avert danger or to enforce intellectual property rights. We also use processors (external service providers e.g. for web hosting of our websites and databases) to process your data. If data is passed on to the processors as part of a commissioned processing agreement, this is always done in accordance with Art. 28 DS-GVO. We select our processors carefully, monitor them regularly and have been granted the right to issue instructions regarding the data. In addition, the processors must have taken suitable technical and organisational measures and comply with the data protection regulations according to BDSG n.F. and DS-GVO.
Data transfer to third countries
The adoption of the European General Data Protection Regulation (DS-GVO) has created a uniform basis for data protection in Europe. Your data will therefore mainly be processed by companies to which the GDPR applies. However, if processing is carried out by services of third parties outside the European Union or the European Economic Area, these must meet the special requirements of Art. 44 et seq. GDPR. This means that the processing is carried out on the basis of special guarantees, such as the officially recognised determination by the EU Commission of a level of data protection corresponding to the EU or the observance of officially recognised special contractual obligations, the so-called "standard contractual clauses". In the case of US companies, submission to the so-called "Privacy Shield", the data protection agreement between the EU and the USA, fulfils these requirements.
Deletion of data and storage period
Unless expressly stated in this data protection declaration, your personal data will be deleted or blocked as soon as the purpose for storing it no longer applies, unless its continued storage is necessary for evidence purposes or is contrary to statutory storage obligations. This includes, for example, retention obligations under commercial law for business letters according to § 257 para. 1 HGB (6 years) as well as retention obligations under tax law according to § 147 para. 1 AO for receipts (10 years). If the prescribed retention period expires, your data will be blocked or deleted, unless the storage is still necessary for the conclusion or fulfilment of a contract.
Existence of automated decision making. We do not use automated decision making or profiling.
Provision of our website and creation of log files
If you use our website for information purposes only (i.e. no registration and no other transmission of information), we only collect the personal data that your browser transmits to our server.If you wish to view our website, we collect the following data:- IP address; - user's internet service provider; - date and time of the request; - browser type; - language and browser version; - content of the request; - time zone; - access status/HTTP status code; - amount of data; - websites from which the request comes; - operating system. This data is not stored together with other personal data about you.
This data serves the purpose of user-friendly, functional and secure delivery of our website to you with functions and content as well as its optimisation and statistical evaluation. The legal basis for this is our legitimate interest in data processing in accordance with Art. 6 (1) sentence 1 lit. f) DS-GVO. For security reasons, we store this data in server log files for a storage period of days. After this period, they are automatically deleted, unless we need to store them for evidence purposes in the event of attacks on the server infrastructure or other legal violations.
Processing of contracts
We process inventory data (e.g. company, title/academic degree, names and addresses as well as contact data of users, e-mail), contract data (e.g. services used, names of contact persons) and payment data (e.g. bank details, payment history) for the purpose of fulfilling our contractual obligations (knowledge of who is the contracting party; justification, content-related design and processing of the contract; checking the plausibility of the data) and services (e.g. contacting customer service) in accordance with Art. 6 para. 1 sentence 1 lit b) DS-GVO.The entries marked as mandatory in online forms are required for the conclusion of the contract. This data is not passed on to third parties, unless it is necessary for the pursuit of our claims (e.g. transfer to a lawyer for debt collection) or for the fulfilment of the contract (e.g. transfer of data to a payment provider), or if there is a legal obligation to do so in accordance with Art. 6 Para. 1 S. 1 lit. c) DS-GVO.
We may also process the data you provide to inform you about other interesting products from our portfolio or to send you emails with technical information.
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. This is the case for inventory and contract data when the data is no longer required for the performance of the contract and claims can no longer be asserted under the contract because they are time-barred (warranty: two years / standard limitation period: three years).
We are obliged by commercial and tax law to store your address, payment and order data for a period of ten years. However, we restrict processing after three years if the contract is terminated, i.e. your data is only used to comply with legal obligations. Information in the user account remains until it is deleted.
Contacting us via contact form / e-mail / fax / post
When contacting us via contact form, fax, post or e-mail, your data will be processed for the purpose of handling the contact request.
If you have given your consent, the legal basis for the processing of the data is Art. 6 para. 1 p. 1 lit. a) DS-GVO.
The legal basis for the processing of data transmitted in the course of a contact request or e-mail, letter or fax is Art. 6 para. 1 p. 1 lit. f) DS-GVO. The responsible party has a legitimate interest in processing and storing the data in order to be able to answer users' enquiries, to preserve evidence for liability reasons and, if necessary, to be able to comply with its statutory retention obligations for business letters. If the contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 para. 1 p. 1 lit. b) DS-GVO.
We may store your details and contact request in our Customer Relationship Management System ("CRM System") or a comparable system.
The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with you has ended.
The conversation is ended when the circumstances indicate that the matter in question has been conclusively clarified. We store enquiries from users who have an account or contract with us until two years after termination of the contract. In the case of legal archiving obligations, deletion takes place after their expiry: end of commercial law (6 years) and tax law (10 years) retention obligation.
You have the option of revoking your consent to the processing of personal data at any time in accordance with Art. 6 Para. 1 Sentence 1 lit. a) DS-GVO. If you contact us by e-mail, you can object to the storage of personal data at any time.
Presence in social media
We process the data you send us via these networks in order to communicate with you and to reply to your messages there.
The legal basis for the processing of personal data is our legitimate interest in communicating with users and our external presentation for the purpose of advertising in accordance with Art. 6 para. 1 p. 1 lit. f) DS-GVO. Insofar as you have given the person responsible for the social network consent to the processing of your personal data, the legal basis is Art. 6 para. 1 p. 1 lit. a) and Art. 7 DS-GVO.
Rights of the data subject
Objection to or revocation of the processing of your data Insofar as the processing is based on your consent pursuant to Art. 6 (1) sentence 1 lit. a), Art. 7 DS-GVO, you have the right to revoke your consent at any time. This does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation. Insofar as we base the processing of your personal data on the balance of interests pursuant to Art. 6 (1) p. 1 lit. f) DS-GVO, you may object to the processing.This is the case if the processing is not necessary, in particular, for the fulfilment of a contract with you, which is shown by us in each case in the following description of the functions. When exercising such an objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will review the merits of the case and either cease or adapt the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing. You can object to the processing of your personal data for the purposes of advertising and data analysis at any time. You can exercise the right to object free of charge. You can inform us of your objection to advertising using the following contact details:Brauerei Kemker, Wettendorf 148351, Everswinkel, Germany, E-mail address: firstname.lastname@example.org
Right to information You have the right to request confirmation from us as to whether personal data relating to you is being processed. If this is the case, you have the right to information about your personal data stored by us in accordance with Art. 15 DS-GVO. This includes, in particular, information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the origin of your data if it has not been collected directly from you.
Right to rectification You have a right to rectification of inaccurate data or to completion of correct data in accordance with Art. 16 DS-GVO.
Right to deletion You have the right to have your data stored by us deleted in accordance with Art. 17 DS-GVO, unless legal or contractual retention periods or other legal obligations or rights to further storage prevent this.
Right to restriction You have the right to request a restriction in the processing of your personal data if one of the conditions in Art. 18 (1) a) to d) DS-GVO is met: if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data; - the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data; - the controller no longer needs the personal data for the purposes of the processing but you need them for the assertion, exercise or defence of legal claims, or - if you object to the processing pursuant to Art. 21 (1) DS-GVO and it is not yet clear whether the legitimate reasons of the controller outweigh your reasons.
Right to data portability You have a right to data portability in accordance with Art. 20 DS-GVO, which means that you can receive the personal data we hold about you in a structured, common and machine-readable format or request that it be transferred to another controller.
Right to complain You have a right to complain to a supervisory authority. As a rule, you can contact the supervisory authority for this purpose, in particular in the member state of your place of residence, your place of work or the place of the alleged infringement.
In order to protect all personal data transmitted to us and to ensure that data protection regulations are complied with by us as well as by our external service providers, we have taken appropriate technical and organisational security measures. Therefore, among other things, all data is transmitted between your browser and our server via a secure SSL connection.
Source: Sample data protection declaration from JuraForum.de