Privacy Policy

1. Data Protection at a Glance

General Information

The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data refers to any data that can be used to identify you personally. For detailed information on data protection, please refer to our Privacy Policy set out below.

Data Collection on this Website

Who is responsible for data collection on this website?

Data processing on this website is carried out by the website operator. You can find their contact details in the ‘Information on the Data Controller’ section of this privacy policy.

How do we collect your data?

Your data is collected, on the one hand, when you provide it to us. This may include, for example, data that you enter into a contact form.

Other data is collected automatically or with your consent by our IT systems when you visit the website. This consists primarily of technical data (e.g. internet browser, operating system or time of page view). This data is collected automatically as soon as you access this website.

What do we use your data for?

Some of the data is collected to ensure the website functions correctly. Other data may be used to analyse your user behaviour.

What rights do you have regarding your data?

You have the right, at any time and free of charge, to obtain information about the source, recipients and purpose of your stored personal data. You also have the right to request the rectification or erasure of this data. If you have given your consent to data processing, you may withdraw this consent at any time with effect for the future. Furthermore, you have the right, under certain circumstances, to request the restriction of the processing of your personal data. You also have the right to lodge a complaint with the relevant supervisory authority.

You may contact us at any time regarding this matter or any other questions you may have about data protection.

2. Hosting and Content Delivery Networks (CDN)

External Hosting

This website is hosted by an external service provider (host). The personal data collected on this website is stored on the host’s servers. This may include, in particular, IP addresses, contact enquiries, meta and communication data, contractual data, contact details, names, website visits and other data generated via a website.

The use of the hosting provider is for the purpose of fulfilling our contractual obligations towards our potential and existing customers (Article 6(1)(b) of the GDPR) and in the interests of ensuring the secure, fast and efficient provision of our online services by a professional provider (Article 6(1)(f) of the GDPR).

Our hosting provider will only process your data to the extent necessary to fulfil its contractual obligations and will comply with our instructions regarding this data.

We use the following hosting provider:

Lots of Ways GmbH
Mühlweg 12
72414 Rangendingen, Germany
https://www.lotsofways.de

Conclusion of a data processing agreement

To ensure that data is processed in accordance with data protection regulations, we have concluded a data processing agreement with our hosting provider.

Cloudflare

We use the ‘Cloudflare’ service. The provider is Cloudflare Inc., 101 Townsend St., San Francisco, CA 94107, USA (hereinafter ‘Cloudflare’).

Cloudflare offers a globally distributed content delivery network with DNS. Technically, this means that the transfer of information between your browser and our website is routed via Cloudflare’s network. This enables Cloudflare to analyse the data traffic between your browser and our website and to act as a filter between our servers and potentially malicious traffic from the internet. In doing so, Cloudflare may also use cookies or other technologies to recognise internet users; however, these are used solely for the purpose described here.

The use of Cloudflare is based on our legitimate interest in providing our website as error-free and secure as possible (Article 6(1)(f) of the GDPR).

Data transfers to the USA are based on the EU Commission’s Standard Contractual Clauses. Further details can be found here: https://www.cloudflare.com/privacypolicy/.

Further information on security and data protection at Cloudflare can be found here: https://www.cloudflare.com/privacypolicy/.

Conclusion of a data processing agreement

To ensure that data is processed in accordance with data protection regulations, we have entered into a data processing agreement with Cloudflare.

3. General information and mandatory details

Data protection

The operators of this website take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with statutory data protection regulations and this privacy policy.

When you use this website, various types of personal data are collected. Personal data is data that can be used to identify you personally. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.

Please note that data transmission over the internet (e.g. when communicating by email) may be subject to security vulnerabilities. It is not possible to guarantee complete protection of data against access by third parties.

Information on the data controller

The data controller responsible for data processing on this website is:

Kerl & Cie Gesellschaft für Kommunikationsberatung GmbH
Hamburger Allee 45
60486 Frankfurt, Germany

Telephone: +49 69 870 021 50
Email: kontakt@kerlundcie.de

The data controller is the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing of personal data (e.g. names, email addresses, etc.).

Retention period

Unless a more specific retention period is stated in this privacy policy, we will retain your personal data until the purpose for which it is processed no longer applies. If you submit a valid request for erasure or withdraw your consent to data processing, your data will be erased unless we have other legally permissible grounds for storing your personal data (e.g. retention periods under tax or commercial law); in the latter case, the data will be erased once these grounds no longer apply.

Note on data transfer to the USA

Our website incorporates, amongst other things, tools from companies based in the USA. When these tools are active, your personal data may be transferred to the US servers of the respective companies. We would like to point out that the USA is not a safe third country within the meaning of EU data protection law. US companies are obliged to disclose personal data to security authorities without you, as the data subject, being able to take legal action against this. It cannot therefore be ruled out that US authorities (e.g. intelligence services) may process, analyse and permanently store your data held on US servers for surveillance purposes. We have no influence over these processing activities.

Withdrawal of your consent to data processing

Many data processing operations are only possible with your express consent. You may withdraw any consent you have already given at any time. The lawfulness of the data processing carried out up to the point of withdrawal remains unaffected by the withdrawal.

Right to object to data collection in specific cases and to direct marketing (Article 21 of the GDPR)

IF DATA PROCESSING IS CARRIED OUT ON THE BASIS OF ARTICLE 6(1)( E OR F OF THE GDPR, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. YOU CAN FIND THE RELEVANT LEGAL BASIS ON WHICH PROCESSING IS BASED IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA, UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS, OR THE PROCESSING IS NECESSARY FOR THE ESTABLISHMENT, exercise or defence of legal claims (objection under Article 21(1) of the GDPR).

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 YOUR PERSONAL DATA FOR SUCH MARKETING PURPOSES; THIS ALSO APPLIES TO PROFILING, INSOFAR AS IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL NO LONGER BE USED FOR THE PURPOSES OF DIRECT MARKETING (OBJECTION PURSUANT TO ARTICLE 21(2) OF THE GDPR).

Right to lodge a complaint with the competent supervisory authority

In the event of infringements of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, their place of work or the place where the alleged infringement occurred. This right to lodge a complaint is without prejudice to any other administrative or judicial remedies.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in fulfilment of a contract provided to you or to a third party in a commonly used, machine-readable format. If you request the direct transfer of the data to another controller, this will only take place to the extent that it is technically feasible.

SSL or TLS encryption

This website uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send to us as the website operator. You can recognise an encrypted connection by the fact that the address bar of your browser changes from ‘http://’ to ‘https://’ and by the padlock symbol in your browser bar.

When SSL or TLS encryption is enabled, the data you transmit to us cannot be read by third parties.

Right of access, erasure and rectification

In accordance with the applicable legal provisions, you have the right at any time to obtain, free of charge, information about your stored personal data, its origin and recipients, and the purpose of the data processing, and, where applicable, the right to have this data rectified or erased. You may contact us at any time regarding this matter or any other questions relating to personal data.

Right to restriction of processing

You have the right to request that the processing of your personal data be restricted. You may contact us at any time to do so. The right to restriction of processing applies in the following cases:

If you dispute the accuracy of your personal data stored by us, we generally need time to verify this. For the duration of this verification, you have the right to request the restriction of the processing of your personal data.
If the processing of your personal data was or is unlawful, you may request the restriction of data processing instead of erasure.
If we no longer require your personal data, but you require it to exercise, defend or assert legal claims, you have the right to request the restriction of the processing of your personal data instead of erasure.
If you have lodged an objection under Article 21(1) of the GDPR, a balancing of interests between yours and ours must be carried out. Until it has been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, such data – apart from its storage – may only be processed with your consent, or for the purpose of establishing, exercising or defending legal claims, or to protect the rights of another natural or legal person, or for reasons of an important public interest of the European Union or a Member State.

Objection to promotional emails

We hereby object to the use of contact details published in accordance with the legal requirement to provide an imprint for the purpose of sending unsolicited advertising and information material. The operators of this website expressly reserve the right to take legal action in the event of the unsolicited sending of promotional information, for example via spam emails.

4. Data collection on this website

Cookies

Our website uses so-called ‘cookies’. Cookies are small text files that do not cause any damage to your device. They are stored on your device either temporarily for the duration of a session (session cookies) or permanently (permanent cookies). Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your device until you delete them yourself or your web browser deletes them automatically.

In some cases, cookies from third-party companies may also be stored on your device when you visit our site (third-party cookies). These enable us or you to use certain services provided by the third-party company (e.g. cookies for processing payment services).

Cookies serve various purposes. Many cookies are technically necessary, as certain website functions would not work without them (e.g. the shopping basket function or the display of videos). Other cookies are used to analyse user behaviour or to display advertising.

Cookies that are required to carry out the electronic communication process (necessary cookies) or to provide specific functions requested by you (functional cookies, e.g. for the shopping basket function) or to optimise the website (e.g. cookies for measuring website traffic) are stored on the basis of Article 6(1)(f) of the GDPR, unless another legal basis is specified. The website operator has a legitimate interest in storing cookies to ensure the technically fault-free and optimised provision of its services. Where consent to the storage of cookies has been requested, the storage of the relevant cookies takes place exclusively on the basis of this consent (Article 6(1)(a) of the GDPR); consent may be withdrawn at any time.

You can configure your browser so that you are notified when cookies are set and can choose to allow cookies only on a case-by-case basis, block cookies in specific cases or generally, and enable the automatic deletion of cookies when you close your browser. If you disable cookies, the functionality of this website may be restricted.

Where cookies are used by third parties or for analytical purposes, we will inform you of this separately within this privacy policy and, where necessary, seek your consent.

Server log files

The website provider automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

Browser type and browser version
Operating system used
Referrer URL
Hostname of the accessing computer
Time of the server request
IP address

This data is not combined with other data sources.

The collection of this data is based on Article 6(1)(f) of the GDPR. The website operator has a legitimate interest in ensuring the technically error-free display and optimisation of its website – to this end, the server log files must be collected.

Contact form

If you send us enquiries via the contact form, the details you provide in the enquiry form – including the contact details you enter there – will be stored by us for the purpose of processing your enquiry and in the event of any follow-up questions. We will not pass on this data without your consent.

The processing of this data is based on Article 6(1)(b) of the GDPR, provided that your enquiry relates to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, processing is based on our legitimate interest in the effective handling of enquiries addressed to us (Article 6(1)(f) of the GDPR) or on your consent (Article 6(1)(a) of the GDPR), provided that such consent has been sought.

The data you enter in the contact form will be retained by us until you request its deletion, withdraw your consent to its storage, or the purpose for storing the data no longer applies (e.g. once your enquiry has been fully processed). Mandatory legal provisions – in particular retention periods – remain unaffected.

Enquiries by email, telephone or fax

If you contact us by email, telephone or fax, your enquiry, including any personal data it contains (name, enquiry), will be stored and processed by us for the purpose of dealing with your request. We will not pass on this data without your consent.

The data you send to us via contact enquiries will be retained by us until you request its deletion, withdraw your consent to its storage, or the purpose for storing the data no longer applies (e.g. once your enquiry has been fully processed). Mandatory legal provisions – in particular statutory retention periods – remain unaffected.

5. Our own services

Handling of applicant data

We offer you the opportunity to apply for a job with us (e.g. by email, post or via our online application form). Below, we provide information on the scope, purpose and use of your personal data collected as part of the application process. We assure you that the collection, processing and use of your data will be carried out in accordance with applicable data protection legislation and all other legal provisions, and that your data will be treated in strict confidence.

Scope and purpose of data collection

When you submit an application to us, we process your associated personal data (e.g. contact and communication details, application documents, notes taken during interviews, etc.) to the extent necessary to decide whether to enter into an employment relationship. The legal basis for this is Section 26 of the new Federal Data Protection Act (BDSG-neu) under German law (initiation of an employment relationship), Article 6(1)(b) of the General Data Protection Regulation (GDPR) (general pre-contractual measures) and – provided you have given your consent – Article 6(1)(a) of the GDPR. You may withdraw your consent at any time. Your personal data will be disclosed within our company exclusively to those persons involved in processing your application.

If your application is successful, the data you have submitted will be stored in our data processing systems on the basis of Section 26 of the BDSG-neu and Article 6(1)(b) of the GDPR for the purpose of carrying out the employment relationship.

Data retention period

If we are unable to offer you a position, if you decline a job offer or if you withdraw your application, we reserve the right to retain the data you have provided for up to 6 months from the end of the application process (rejection or withdrawal of the application) on the basis of our legitimate interests (Article 6(1)(f) of the GDPR). The data will then be deleted and the physical application documents destroyed. The data is retained in particular for evidential purposes in the event of a legal dispute. If it is apparent that the data will be required after the expiry of the 6-month period (e.g. due to an impending or pending legal dispute), the data will not be deleted until the purpose for its continued retention no longer applies.

Data may also be retained for a longer period if you have given your consent (Article 6(1)(a) of the GDPR) or if statutory retention obligations prevent deletion.