What is personal data? The term “personal data” is defined in the German Federal Data Protection Act (BDSG (new)) and in the European Data Protection Regulation (DSGVO/GDPR). Accordingly, this is individual information about personal or factual circumstances of an identified or identifiable natural person. This includes, for example, your name, address, telephone number, e-mail address or date of birth.
You can visit our website without providing any personal information. We do not store any personal data in this context. In order to improve our offer, we only evaluate statistical data that does not allow any conclusions to be drawn about your person. Insofar as personal data (for example name, address or e-mail addresses) is collected on our pages, this is always done on a voluntary basis. This data will not be disclosed to third parties without your express consent.
On the following pages, we would like to inform you about the processing of your personal data by us and the claims and rights to which you are entitled under the data protection regulations.
I. Name and address of the responsible party
The responsible party within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the member states as well as other data protection regulations is the:
Kenda Rubber Industrial Co. Europe GmbH
Phone: +49 (8642) 597149-0
II. Name and address of the data protection officer
The data protection officer of the responsible party is:
desegna Business IT Solutions
Phone: +49 (2737) 216179-0
III. General information on data processing
1. Scope of the processing of personal data
As a matter of principle, we collect and use personal data of our users only to the extent that this is necessary for the provision of a functional website as well as our content and services. The collection and use of personal data of our users is regularly only carried out with the consent of the user. An exception applies in those cases where it is not possible to obtain prior consent for factual reasons and the processing of the data is permitted by legal regulations.
2. Legal basis for the processing of personal data
Insofar as the processing of personal data is necessary for the fulfillment of a legal obligation to which our company is subject, Article 6 § 1 lit. (c) GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person make it necessary to process personal data, Article 6 § 1 lit. (d) GDPR serves as the legal basis.
If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not override the former interest, Article 6 § 1 lit. (f) GDPR serves as the legal basis for the processing.
3. Data deletion and storage period
The personal data of the data subject shall be deleted or blocked as soon as the purpose of the storage ceases to apply. In addition, storage may take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the responsible party is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need to continue storing the data for the conclusion or fulfillment of a contract.
IV. Provision of the website and creation of log files
1. Description and scope of data processing
Each time you visit our website, our system automatically collects data and information from the computer system of the calling end device.
The following data is collected:
- information about the browser type and version used
- operating system of the user
- date and time of access
- IP address of the user
- websites from which the user’s system accesses our website
The data is also stored in the log files of our system. This does not affect the IP addresses of the user or other data that allow the data to be assigned to a user. This data is not stored together with other personal data of the user.
2. Legal basis for data processing
The legal basis for the temporary storage of the data is Article 6 § 1 lit. (f) GDPR.
3. Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.
These purposes are also our legitimate interest in data processing according to Article 6 § 1 lit. (f) GDPR.
4. Duration of the storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
5. Possibility of objection and removal
The collection of data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website. Consequently, there is no possibility for the user to object.
V. Cookies in use
VI. Contact and e-mail contact
1. Description and scope of data processing
A contact form is available on our website, which can be used for a participation in the fuel voucher campaign. If a user takes advantage of this option, the data entered in the input mask will be transmitted to us and stored. This data is:
- First and last name
- Company (not a required field)
- Street and house number
- ZIP CODE
- e-mail address
- Phone number (not a required field)
- Tire name
- Tire size
- Purchase date
- How did you hear about the action (not a required field)
- File attachments
The following data is also stored at the time the message is sent:
- Date and time of registration
It is also possible to contact us via the provided eMail address. In this case, the user’s personal data is transmitted with the e-mail and will be stored.
Itdoes not pursue in this context any disclosure of data to third parties. The data will be used exclusively for the processing of the conversation.
2. Legal basis for data processing
The legal basis for the processing of the data is Article 6 § 1 lit. (a) GDPR if the user has given his consent.
The legal basis for the processing of data transmitted in the course of sending an e-mail is Article 6 § 1 lit. (f) GDPR. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Article 6 § 1 lit. (b) GDPR.
3. Purpose of data processing
Processing of personal data from the input mask serves us solely for the implementation of the fuel voucher campaign and dispatch of the fuel voucher. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in the processing of the data.
The other personal data processed during the submission process is used to prevent misuse of the contact form and to ensure the security of our information technology systems.
4. Duration of storage
The data is 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 that sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when the circumstances indicate that the matter in question has been conclusively clarified. The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
5. Possibility of objection and removal
The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued. In this case, further conversation is only possible by post. All personal data stored in the course of contacting us will be deleted in this case.
VII. Rights of the data subject
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights versus the responsible party:
1. Right to information
You may request confirmation from the responsible party as to whether your personal data is being processed by us.
If there is such processing, you may request information from the responsible party about the following:
- the purposes for which the personal data is processed;
- the categories of personal data which is processed;
- the recipients or categories of recipients to whom your personal data has been or will be disclosed;
- the planned storage period of your personal data or, if concrete information on this is not possible, criteria for determining the storage period;
- the existence of a right to rectification or erasure of your personal data, a right to restriction of processing by the responsible party or a right to object to such processing;
- any available information on the origin of the data, if the personal data is not collected from the data subject;
- the existence of automated decision-making, including profiling, pursuant to Article 22 § 1 and 4 of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information about whether your personal data is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Article 46 GDPR in connection with the transfer.
2. Right to rectification
You have a right to rectification and/or completion versus the responsible party, if your personal data processed is inaccurate or incomplete. The responsible party shall make the correction without undue delay.
3. Right to restriction of processing
Under the following conditions, you may request the restriction of the processing of your personal data:
- if you contest the accuracy of your personal data for a period enabling the responsible party to verify the accuracy of the personal data;
- if 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;
- if the responsible party no longer needs the personal data for the purposes of processing, but you need them for the assertion, exercise or defense of legal claims, or
- if you have objected to the processing pursuant to Article 21 § 1 GDPR and it is not yet clear whether the legitimate grounds of the responsible party outweigh your grounds.
Where the processing of your personal data has been restricted, such data may be processed, with the exception of their storage, only with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the responsible party before the restriction is lifted.
4. Right to deletion
a) Obligation to delete
You may request the responsible party to delete your personal data without undue delay, and the responsible party is obliged to delete such data without undue delay, if one of the following reasons applies:
- your personal data is no longer necessary for the purposes for which it was collected or otherwise processed.
- you revoke your consent on which the processing was based pursuant to Article 6 § 1 lit. (a) or Article 9 § 2 lit. (a) GDPR and there is no other legal basis for the processing.
- you object to the processing pursuant to Article 21 § 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21 § 2 GDPR.
- your personal data has been processed unlawfully.
- the deletion of your personal data is necessary for compliance with a legal obligation under Union or Member State law to which the responsible party is subject.
- your personal data was collected in relation to information society services offered pursuant to Article 8 § 1 GDPR.
- information to third parties
If the responsible party has made your personal data public and is obliged to erase it pursuant to Article 17 § 1 of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data responsible parties which process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.
The right to erasure does not exist insofar as the processing is necessary:
- to exercise the right to freedom of expression and information;
- for compliance with a legal obligation which requires processing under Union or Member State law to which the responsible party is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the responsible party;
- for reasons of public interest in the area of public health pursuant to Art. 9 § 2 lit (h) and (i) and Art. 9 § 3 GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89 § 1 of the GDPR, insofar as the right referred to in Section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or
- for the assertion, exercise or defense of legal claims.
5. Right to information
If you have asserted the right to rectification, erasure or restriction of processing against the responsible party, the responsible party is obliged to notify all recipients to whom your personal data have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed about these recipients by the data responsible party.
6. Right to data portability
You have the right to receive your personal data that you have provided to the responsible party in a structured, common and machine-readable format. In addition, you have the right to transmit this data to another responsible party without hindrance from the responsible party to whom the personal data was provided, provided that
- the processing is based on consent pursuant to Article 6 § 1 lit. (a) GDPR or Article 9 § 2 lit. (a) GDPR or on a contract pursuant to Article 6 § 1 lit. (b) GDPR and
- the processing is carried out with the help of automated procedures.
In exercising this right, you also have the right to obtain that your personal data is transferred directly from one responsible party to another responsible party, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this.
The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the responsible party.
7. Right of objection
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Article 6 § 1 lit. (e) or (f) GDPR; this also applies to profiling based on these provisions.
The responsible party shall no longer process your personal data unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims.
If your personal data is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.
If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
You have the possibility, in connection with the use of information society services – notwithstanding Directive 2002/58/EC – to exercise your right to object by means of automated procedures using technical specifications.
8. Right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under the data protection law at any time. The revocation of consent shall not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
9. Automated decision in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
- is necessary for the conclusion or fulfillment of a contract between you and the responsible party,
- is permitted by legislation of the Union or the Member States to which the responsible party is subject and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
- is done with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to Article 9 § 1 of the GDPR, unless Article 9 § 2 lit. (a) or (g) applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.
With regard to the cases referred to in (1) and (3), the responsible party shall take reasonable steps to safeguard the rights and freedoms of, and the legitimate interests of, the data subject, which shall include, at least, the right to obtain the intervention of a person on the part of the responsible party, to express his or her point of view and to contest the decision.
10. Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.