- Name and address of the person responsible for data processing
- Collection of general data and information
- Routine of deletion and blocking of personal data
- Rights of the data subject
- Data protection for applications and in the application procedure
- Legal basis of the processing
- Legitimate interests in the processing pursued by the person responsible for data processing or a third party
- Storage period of personal data
- Legal or contractual provisions for the provision of personal data
- Existence of automated decision making
Thank you for your interest in our company. Data protection is of particular importance to the management of the Kemper & Schlomski estate. The Kemper & Schlomski Estate website can be used without providing any personal data. However, if a data subject wishes to make use of special services provided by our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, e-mail address or telephone number of a data subject, is always carried out in accordance with the Basic Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to the Kemper & Schlomski Estate. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, data subjects will be informed of their rights by means of this data protection declaration.
The Kemper & Schlomski estate has implemented numerous technical and organisational measures as data controller in order to ensure that the personal data processed via this website is protected as completely as possible. Nevertheless, Internet-based data transmissions can have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, for example by telephone.
The data protection declaration of the Kemper & Schlomski estate is based on the terms used by the European legislator for directives and regulations when the basic data protection regulation (GDPR) was issued. Our data protection declaration should be easy to read and understand both for the public and for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms, among others, in this data protection declaration:
1.1 Personal data
Personal data are all information relating to an identified or identifiable natural person (hereinafter "data subject"). Identifiable is a natural person who can be identified directly or indirectly, in particular by assignment to an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
1.2 Data subject
Data subject is any identified or identifiable natural person whose personal data are processed by the controller.
Processing means any operation or series of operations carried out with or without the aid of automated procedures in relation to personal data, such as the collection, collection, organisation, sorting, storage, adaptation or alteration, reading, retrieval, use, disclosure by transmission, dissemination or any other form of provision, comparison or linking, restriction, erasure or destruction.
1.4 Limitation of processing
Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.
Profiling is any form of automated processing of personal data consisting in the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, location or relocation of that natural person.
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data are not assigned to an identified or identifiable natural person.
1.7 Data controller / Data controller
A controller or controller is any natural or legal person, public authority, institution or other body which alone or jointly with others decides on the purposes and means of processing personal data. Where the purposes and means of such processing are laid down by Union law or by the law of the Member States, the controller or the specific criteria for his appointment may be laid down in accordance with Union law or the law of the Member States.
Processor is a natural or legal person, authority, institution or other body that processes personal data on behalf of the data controller.
Recipient is a natural or legal person, authority, institution or other body to which personal data is disclosed, regardless of whether it is a third party or not. However, authorities which may receive personal data under Union law or the law of the Member States within the framework of a particular investigation mandate shall not be regarded as recipients.
1.10 Third parties
A third party is a natural or legal person, authority, institution or other body other than the data subject, the data processor, the data processor and the persons authorised to process the personal data under the direct responsibility of the data processor or the data processor.
Consent shall mean any informed and unequivocal expression of will voluntarily given by the data subject in the particular case in the form of a declaration or other clear affirmative act by which the data subject indicates his or her consent to the processing of personal data concerning him or her.
2. Name and address of the person responsible for data processing
Responsible in the sense of the basic data protection regulation is:
Kemper & Schlomski Estate represented by Bärbel Kemper and Thomas Schlomski Large Ruhr village road 3 01825 loving city OT Großröhrsdorf Phone: 035025-54592 E-Mail: firstname.lastname@example.org Website: www.lgks.eu
3. Collection of general data and information
The website of the Kemper & Schlomski estate collects a series of general data and information each time a person or an automated system visits the site. This general data and information is stored in the log files of the server. We may record (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the subwebsites which are accessed via an accessing system on our website, (5) the date and time of access to the Website, (6) an Internet Protocol address (IP address), (7) the Internet service providers of the accessing system, and (8) other similar data and information used for security purposes in the event of attacks on our information technology systems.
When using this general data and information, the Kemper & Schlomski estate does not draw any conclusions about the person concerned. Rather, this information is required to (1) correctly deliver the contents of our website, (2) optimize the contents of our website and the advertising for it, (3) ensure the permanent functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. These anonymously collected data and information are therefore evaluated statistically by the Kemper & Schlomski estate on the one hand and also with the aim of increasing data protection and data security in our company in order ultimately to ensure an optimum level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a person concerned.
Cookies are small files that are created on your end device. These contain data that makes it possible to temporarily store specific settings for functions of the website, such as the preferred language, on the end device of the page visitor. Usually we use so-called session cookies which are removed when the browser is closed. In your browser, you have the general option of defining how you want to handle cookies. Among other things, you have the possibility to completely prevent the setting of cookies, to delete previously stored cookies or to be informed if a cookie is to be set.
3.2.1 Google Analytics
The website of the Kemper & Schlomski estate uses functions of the web analysis service Google Analytics. The Google Analytics component is operated by Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
Google Analytics uses so-called "cookies". Cookies are text files which are stored on your computer and which enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there.
You can prevent Google Analytics from collecting your data by clicking on the following link. An opt-out cookie is set which prevents the collection of your data on future visits to this website: Disable Google Analytics.
More information on how Google Analytics handles user data can be found in the data protection regulations, which you can access at https://www.google.de/intl/de/policies/privacy/ and http://www.google.com/analytics/terms/de.html
We have concluded a contract with Google for commissioned data processing and fully implement the strict requirements of the German data protection authorities for the use of Google Analytics.
3.2.2 Google Maps
On our website we use the offer of Google Maps. This is a web service for displaying interactive (land) maps to display geographical information visually. Using this service will show you our location and make it easier for you to find us.
Information about your use of our website (such as your IP address) is transmitted to and stored by Google on servers in the USA as soon as you access the sub-pages into which a Google Maps map is integrated. This happens regardless of whether Google provides a user account that you are logged in with or whether no user account exists. If you are logged in to Google, your information will be directly associated with your account. If you do not wish to be associated with your profile on Google, you must log out before activating the button. Google saves your data (even for users who are not logged in) as usage profiles and evaluates them.
The Kemper & Schlomski estate uses videos on the website to make content easier to transport and understand. The Kemper & Schlomski estate uses the YouTube platform for this purpose.
YouTube is operated by YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
Information about your use of our website (such as your IP address) is already transmitted to YouTube and Google servers in the USA and stored there when you access those subpages in which YouTube videos are integrated. This is independent of whether YouTube provides a user account through which you are logged in or whether no user account exists. When you are logged in to YouTube, your information will be directly associated with your account. If you do not wish to be associated with your profile on YouTube and Google, you must log out before activating the button.
The data protection regulations published by YouTube, which can be accessed at https://www.google.de/intl/de/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.
3.3 Social networks
The Kemper & Schlomski estate uses links to social networks on its website. These are not so-called "Social Plugins", but pure links to the pages of the Landgut Kemper & Schlomski at the respective social networks.
Currently these are links to the following social media services:Twitter
The Twitter service is operated by Twitter Inc, 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. The link to Twitter can be recognized by a stylized white bird.Facebook
The Facebook service is operated by facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA. The link to Facebook can be recognized by a stylized white letter "f".Google Plus
The Google Plus service is operated by Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA. The link to Google Plus can be recognized by a "g+″.LinkedIn
The LinkedIn service is operated by LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. The link to LinkedIn can be recognized by the stylized letter "in".
The links on the website to the websites of social networks are generally not personalised. If you are a registered and logged in user of one of these services, clicking on the links will tell you that you have visited our website. If you are a registered user of one of the social media services mentioned and do not want the service in question to collect data about your visit to our website, please log out of your social media account before you visit our website and activate the link to the Social Networks websites here.
4. Routine of deletion and blocking of personal data
The Kemper & Schlomski estate processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of storage or insofar as this has been provided for by the European Directive and Regulation Giver or another legislator in laws or regulations to which the controller is subject.
If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and Regulation Giver or another competent legislator expires, the personal data is routinely blocked or deleted in accordance with the statutory provisions.
5. Rights of the data subject
5.1 Right to confirmation
Every data subject shall have the right granted by the European legislator of directives and regulations to require the controller to confirm whether personal data concerning him/her are being processed. If a person concerned wishes to make use of this right of confirmation, he can contact the Kemper & Schlomski estate at any time.
5.2 Right to information
Any person concerned by the processing of personal data shall have the right granted by the European legislator of directives and regulations to obtain, at any time and free of charge, information from the controller concerning the personal data relating to him/her stored and a copy of that information. Furthermore, the European regulator has granted the data subject the following information:
- the processing purposes,
- the categories of personal data being processed,
- the recipients or categories of recipients to whom the personal data have been or are still being disclosed, in particular recipients in third countries or international organisations,
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration,
- the existence of a right of rectification or deletion of personal data concerning him or of a restriction on processing by the controller or of a right of opposition to such processing,
- the existence of a right of appeal to the competent supervisory authority,
- if the personal data are not collected from the data subject: All available information about the origin of the data,
- the existence of automated decision-making, including profiling in accordance with Article 22(1) and (4) DS GMOs, and - at least in these cases - meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.
Furthermore, the data subject has a right of access to information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate guarantees in connection with the transfer.
If a person concerned wishes to make use of this right of information, he can contact the Kemper & Schlomski estate at any time.
5.3 Right to correction
Any person data subject to the processing of personal data shall have the right granted by the European legislator of directives and regulations to request the immediate correction of inaccurate personal data concerning him/her. Furthermore, taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration.
If a person concerned wishes to make use of this right of rectification, he may contact the Kemper & Schlomski estate at any time.
5.4 Right to cancellation (right to be forgotten)
Any person concerned by the processing of personal data shall have the right granted by the European legislator of directives and regulations to require the data controller to request that the personal data concerning him/her be deleted immediately, provided that one of the following reasons applies and insofar as the processing is not necessary:
- The personal data have been collected or otherwise processed for such purposes for which they are no longer necessary.
- The data subject withdraws his/her consent on which the processing was based pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR and there is no other legal basis for the processing.
- The data subject objects to processing under Article 21(1) GDPR and there are no overriding legitimate grounds for processing or the data subject objects to processing under Article 21(2) GDPR.
- The personal data have been processed unlawfully.
- The deletion of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.
- The personal data was collected in relation to information society services offered in accordance with Art. 8 para. 1 GDPR.
If one of the above-mentioned reasons applies and a person concerned wishes to have personal data stored on the Kemper & Schlomski estate deleted, he/she can contact the Kemper & Schlomski estate at any time. The Kemper & Schlomski estate will arrange for the request for deletion to be complied with without delay.
If the personal data have been made public by the Kemper & Schlomski estate and our company is responsible pursuant to Art. 17 Para. 1 GDPR, the Kemper & Schlomski Estate shall take appropriate measures, including technical measures, taking into account the available technology and implementation costs, to inform other data processors who process the published personal data, that the data subject has requested the deletion of all links to such personal data or of copies or replications of such personal data from those other data processors, where processing is not necessary. The Kemper & Schlomski estate will do what is necessary in individual cases.
5.5 Right to limitation of processing
Any person data subject to the processing of personal data shall have the right granted by the European legislator of directives and regulations to require the controller to restrict the processing if one of the following conditions is met:
- The accuracy of the personal data is disputed by the data subject for a period which enables the data controller to verify the accuracy of the personal data.
- The processing is unlawful, the data subject refuses to delete the personal data and instead requests a restriction on the use of the personal data.
- The data controller no longer needs the personal data for the purposes of the processing, but the data subject needs them to assert, exercise or defend legal claims.
- The data subject has lodged an objection to the processing pursuant to Art. 21 para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the data subject outweigh those of the data subject.
If one of the above conditions is met and a person concerned wishes to have his personal data stored on the Kemper & Schlomski estate restricted, he can contact the Kemper & Schlomski estate at any time. The Kemper & Schlomski estate will restrict processing.
5.6 Right to Data Transferability
Any data subject shall have the right granted by the European legislator to receive personal data relating to him/her provided by the data subject to a data controller in a structured, current and machine-readable format. It shall also have the right to transmit such data to another data controller without obstruction by the controller to whom the personal data have been made available, provided that the processing is based on the consent provided for in Article 6(1)(a) DS GMO or Article 9(2)(a) DS GMO or on a contract in accordance with Article 6(1)(b) DS GMO and that the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task in the public interest or in the exercise of public authority conferred on the data controller.
Furthermore, in exercising his right to data transferability pursuant to Article 20(1) GDPR, the data subject has the right to obtain that the personal data be transferred directly by a data controller to another data controller, provided this is technically feasible and provided that the rights and freedoms of other persons are not affected thereby.
The person concerned may contact the Kemper & Schlomski estate at any time to assert the right to data transferability.
5.7 Right of objection
Any person concerned by the processing of personal data shall have the right granted by the European legislator for reasons arising from their particular situation to object at any time to the processing of personal data concerning them under Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.
The Kemper & Schlomski estate no longer processes personal data in the event of an objection, unless we can prove compelling grounds for processing that outweigh the interests, rights and freedoms of the data subject or the processing serves to assert, exercise or defend legal claims.
If the Kemper & Schlomski estate processes personal data for direct marketing purposes, the person concerned has the right to object at any time to the processing of personal data for such advertising purposes. This also applies to profiling insofar as it is connected with such direct advertising. If the data subject objects to the Kemper & Schlomski estate processing for direct marketing purposes, the Kemper & Schlomski estate will no longer process the personal data for these purposes.
Furthermore, the data subject has the right to object to the processing of personal data concerning him/her which is carried out at the Kemper & Schlomski estate for scientific or historical research purposes or for statistical purposes in accordance with Article 89(1) GDPR for reasons arising from his particular situation, unless such processing is necessary for the performance of a task in the public interest.
To exercise the right of opposition, the person concerned may contact the Kemper & Schlomski estate directly. The data subject shall also be free to exercise his right of opposition in relation to the use of information society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.
5.8 Automated decisions in individual cases including profiling
Any person data subject to the processing of personal data shall have the right granted by the European legislator of directives and regulations not to be subject to a decision based exclusively on automated processing, including profiling, which has legal effect against him or significantly affects him in a similar manner, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the data controller, or (2) is admissible under Union or Member State law to which the data controller is subject and that such law contains appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, or (3) with the express consent of the data subject.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the data controller or (2) is taken with the express consent of the data subject, the Kemper & Schlomski estate shall take appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, including at least the right to obtain the intervention of a data controller, to state his own position and to challenge the decision.
If the person concerned wishes to assert rights relating to automated decisions, he/she may contact the Kemper & Schlomski estate at any time.
5.9 Right to revoke consent under data protection law
Any person concerned by the processing of personal data has the right granted by the European legislator of directives and regulations to revoke consent to the processing of personal data at any time.
If the person concerned wishes to exercise his/her right to withdraw his/her consent, he/she may contact the Kemper & Schlomski estate at any time.
6. Data protection for applications and in the application procedure
The Kemper & Schlomski estate collects and processes the personal data of applicants for the purpose of processing the application procedure. Processing may also be carried out electronically. This is particularly the case if an applicant sends corresponding application documents to the Kemper & Schlomski estate by electronic means, for example by e-mail or via a web form on the website. If the Kemper & Schlomski Estate concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the Kemper & Schlomski estate does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after the decision of rejection has been announced, provided that there are no other legitimate interests of the data controller to the contrary. Another legitimate interest in this sense is, for example, a duty of proof in proceedings under the General Equal Treatment Act (AGG).
7. Legal basis of the processing
Art. 6 I lit. a GDPR serves our company as a legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case for example with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing processes that are necessary to carry out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, for example to fulfil tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information had to be passed on to a doctor, a hospital or other third parties. The processing would then be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. Such processing procedures are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the person concerned is a customer of the person responsible (recital 47, second sentence, GDPR).
8. Legitimate interests in the processing pursued by the person responsible for data processing or a third party
If the processing of personal data is based on Article 6 I lit. f GDPR, it is in our legitimate interest to conduct our business for the well-being of all our employees and our shareholders.
9. Storage period of personal data
The criterion for the duration of the storage of personal data is the respective legal retention period. After the expiry of this period, the corresponding data will be routinely deleted, provided that it is no longer necessary for the fulfilment or initiation of the contract.
10. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide them
We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). In some cases, it may be necessary for a contract to be concluded if a data subject provides us with personal data which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company enters into a contract with him/her. Failure to provide personal data would mean that the contract with the data subject could not be concluded. The data subject must contact the Kemper & Schlomski estate prior to the provision of personal data by the data subject. The Kemper & Schlomski estate informs the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or required for the conclusion of the contract, whether there is an obligation to provide the personal data and what consequences the failure to provide the personal data would have.
11. Existence of automated decision making
As a responsible company, we do without automatic decision-making or profiling.--
This data protection declaration was created with the support of the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH in cooperation with the media law firm WILDE BEUGER SOLMECKE.