Privacy policy
1. Introduction
With the following information, we would like to give you, as the „data subject“, an overview of how we process your personal data and your rights under data protection laws. It is generally possible to use our website without entering personal data. However, if you wish to use special services offered 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 will generally obtain your consent.
The processing of personal data, such as your name, address or email address, is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to Kemena GmbH. With this privacy policy, we would like to inform you about the scope and purpose of the personal data we collect, use and process.
As the controller, we have implemented numerous technical and organizational measures to ensure the most complete protection possible for the personal data processed via this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, you are free to transmit personal data to us by alternative means, for example by telephone or post.
2. Responsible person
The controller within the meaning of the GDPR is:
Kemena GmbH, Löhner Str. 202, 32584 Löhne, Germany
Telephone +49 57 31 / 78 07 -0, Fax +49 57 31 / 78 07 -60
e-mail info@kemena.de
Representatives of the controller: Klaus Jording, Dr Timo Jording and Fritz-Henry Hilker
3. Data Protection Officer
You can contact the data protection officer as follows:
Email: datenschutz-kemena@audatis.de
You can contact our data protection officer directly at any time with any questions or suggestions regarding data protection.
4. Definitions
The privacy policy is based on the terminology used by the European legislators and regulators when enacting the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.
We use the following terms, among others, in this privacy policy:
1. Personal data
Personal data is any information relating to an identified or identifiable natural person. A natural person is considered identifiable if they can be identified directly or indirectly, in particular by association with 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, mental, economic, cultural or social identity of that natural person.
2. Data subject
A data subject is any identified or identifiable natural person whose personal data is processed by the controller (our company).
3. Processing
Processing means any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, distribution or other forms of provision, alignment or combination, restriction, erasure or destruction.
4. Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting its future processing.
5. Profiling
Profiling is any form of automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
6. Pseudonymization
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
7. Processor
A processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
8. Recipient
Recipient means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
9. Third
A third party is a natural or legal person, public authority, agency or other body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
10. Consent
Consent is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
5. Legal basis for processing
Article 6(1)(a) of the GDPR serves as the legal basis for our company for processing operations in 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 you are 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 Article 6(1)(b) of the GDPR. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of enquiries about our products or services.
If our company is subject to a legal obligation that requires the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Article 6(1)(c) of the GDPR.
In rare cases, the processing of personal data may be 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 to be injured on our premises and their name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third party. In this case, the processing would be based on Article 6(1)(d) of the GDPR.
Ultimately, processing operations may be based on Article 6(1)(f) of the GDPR. This legal basis applies to processing operations that are not covered by any of the aforementioned legal bases if the 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. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, the legislator took the view that a legitimate interest could be assumed if you are a customer of our company (Recital 47, sentence 2 of the GDPR).
6. Transfer of data to third parties
Your personal data will not be transferred to third parties for purposes other than those listed below.
We will only disclose your personal data to third parties if:
1. You have given your express consent to this in accordance with Art. 6(1)(a) of the GDPR,
2. the transfer is permissible under Article 6(1)(f) of the GDPR to safeguard our legitimate interests and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data,
3. in the event that there is a legal obligation to disclose data in accordance with Art. 6(1)(c) GDPR, and
4. this is legally permissible and necessary for the performance of contractual relationships with you in accordance with Art. 6(1)(b) GDPR.
In order to protect your data and enable us to transfer data to third countries (outside the EU/EEA) if necessary, we have concluded data processing agreements based on the European Commission's standard contractual clauses.
7. Technology
7.1 SSL/TLS encryption
This site uses warranty SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login details or contact enquiries that you send to us as the operator. You can recognise an encrypted connection by the fact that the address line of the browser contains „https://“ instead of „http://“ and by the lock symbol in your browser line.
We use this technology to protect the data you transmit.
8. Cookies
8.1 General information about cookies
We use cookies on our website. These are small files that your browser automatically creates and that are stored on your IT system (laptop, tablet, smartphone, etc.) when you visit our site.
The cookie stores information that is related to the specific device used. However, this does not mean that we immediately obtain knowledge of your identity.
The use of cookies serves, on the one hand, to make the use of our website more convenient for you. We use so-called session cookies to recognise that you have already visited individual pages on our website. These are automatically deleted when you leave our site.
In addition, we also use temporary cookies to optimise user-friendliness, which are stored on your device for a specific period of time. If you visit our site again to use our services, it will automatically recognise that you have already been with us and what entries and settings you have made, so that you do not have to enter them again.
On the other hand, we use cookies to statistically record the use of our website and to evaluate it for the purpose of optimizing our offer for you. These cookies enable us to automatically recognise that you have already visited our site when you visit it again. These cookies are automatically deleted after a defined period of time.
Here you can change your cookie settings at any time and revoke your consent at any time with effect on the future:
Change cookie settings and view cookie details Change cookie settings
8.2 Legal basis for the use of cookies
The data processed by cookies, which is necessary for the proper functioning of the website, is therefore necessary to safeguard our legitimate interests and those of third parties in accordance with Article 6(1)(f) of the GDPR.
For all other cookies, you have given your consent in accordance with Art. 6(1)(a) GDPR via our opt-in cookie banner.
9. Content of our website
When you contact us (e.g. via contact form or email), personal data is collected. The data collected in the case of a contact form can be seen in the respective contact form. This data is stored and used exclusively for the purpose of responding to your enquiry or for establishing contact and the associated technical administration. The legal basis for the processing of the data is our legitimate interest in responding to your enquiry in accordance with Art. 6 para. 1 lit. f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for processing is Article 6(1)(b) of the GDPR. Your data will be deleted after your enquiry has been processed, which is the case when it can be inferred from the circumstances that the matter in question has been conclusively clarified and provided that there are no legal obligations to retain data.
10. Our activities on social networks
We maintain our own pages on social networks so that we can communicate with you and provide information about our services. When you visit one of our social media pages, we are jointly responsible with the provider of the respective social media platform for the processing operations triggered by this, which concern personal data, within the meaning of Art. 26 GDPR.
We are not the original provider of these pages, but merely use them within the scope of the possibilities offered to us by the respective providers.
As a precautionary measure, we would therefore like to point out that your data may also be processed outside the European Union or the European Economic Area. This may pose data protection risks for you, as it may be more difficult to exercise your rights, e.g. to information, deletion, objection, etc., and processing on social networks is often carried out directly for advertising purposes or to analyse user behaviour by the providers, without us being able to influence this. If usage profiles are created by the provider, cookies are often used or your usage behaviour is directly assigned to your own member profile on social networks (if you are logged in there).
The processing of personal data described above is carried out in accordance with Art. 6(1)(f) GDPR on the basis of our legitimate interest and the legitimate interest of the respective provider in order to communicate with you in a modern manner and to inform you about our services. If you, as a user, are required to give your consent to data processing by the respective providers, the legal basis is Art. 6 (1) (a) GDPR in conjunction with Art. 7 GDPR.
As we do not have access to the providers' databases, we would like to point out that it is best to exercise your rights (e.g. to information, correction, deletion, etc.) directly with the respective provider. Further information on the processing of your data in social networks and the possibility of exercising your right of objection or revocation (so-called opt-out) is listed below for each social network provider we use:
10.1 Facebook
(Joint) controller for data processing in Europe:
Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland
Privacy policy (data policy):
https://www.facebook.com/about/privacy
Opt-out and advertising settings:
https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen
https://de-de.facebook.com/about/privacy/
10.2 XING
(Joint) controller for data processing in Germany:
XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany
Privacy policy:
https://privacy.xing.com/de/datenschutzerklaerung
Information requests for XING members:
https://www.xing.com/settings/privacy/data/disclosure
10.3 LinkedIn
(Joint) controller for data processing in Europe:
LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland
Privacy policy:
https://www.linkedin.com/legal/privacy-policy
Opt-out and advertising settings:
https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out
11. Google Analytics
On our websites, we use Google Analytics, a web analytics service provided by Google Ireland Limited (https://www.google.de/intl/de/about/) (Gordon House, Barrow Street, Dublin 4, Ireland; hereinafter referred to as „Google“). In this context, pseudonymised usage profiles are created and cookies (see „Cookies“) are used. The information generated by the cookie about your use of this website, such as
1. Browser type/version,
2. Operating system used,
3. Referrer URL (the previously visited page),
4. Host name of the accessing computer (IP address),
5. Time of the server request,
are transmitted to a Google server in the USA and stored there. The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage for the purposes of market research and the design of this website in line with user needs. This information may also be transferred to third parties if this is required by law or if third parties process this data on behalf of Google. Under no circumstances will your IP address be merged with other Google data. The IP addresses are anonymised so that they cannot be assigned (IP masking).
You may prevent the installation of cookies by adjusting your browser software settings accordingly; however, we would like to point out that in this case, you may not be able to use all functions of this website to their full extent.
These processing operations are carried out exclusively with the express consent of the data subject in accordance with Article 6(1)(a) of the GDPR.
You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=de).
As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent Google Analytics from collecting data by clicking on the following link: Disable Google Analytics. An opt-out cookie will be set to prevent future collection of your data when you visit this website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you will need to set the opt-out cookie again.
Further information on data protection in connection with Google Analytics can be found in the Google Analytics Help Centre (https://support.google.com/analytics/answer/6004245?hl=de).
12. Your rights as a data subject
12.1 Right to confirmation
You have the right to request confirmation from us as to whether personal data concerning you is being processed.
12.2 Right of access Art. 15 GDPR
You have the right to obtain information from us at any time, free of charge, about the personal data stored about you, as well as a copy of this data in accordance with the statutory provisions.
12.3 Right to rectification Art. 16 GDPR
You have the right to request the correction of inaccurate personal data concerning you. Furthermore, you have the right to request the completion of incomplete personal data, taking into account the purposes of the processing.
12.4 Erasure Art. 17 GDPR
You have the right to request that we delete your personal data immediately if one of the reasons provided for by law applies and if the processing or storage is not necessary.
12.5 Restriction of processing Art. 18 GDPR
You have the right to request that we restrict processing if one of the legal requirements is met.
12.6 Data portability Art. 20 GDPR
You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from us, to whom the personal data has been provided, provided that the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.
Furthermore, when exercising your right to data portability pursuant to Article 20(1) of the GDPR, you have the right to have personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.
12.7 Objection Art. 21 GDPR
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) (data processing in the public interest) or (f) (data processing based on a balancing of interests) of the GDPR.
This also applies to profiling based on these provisions within the meaning of Article 4(4) of the GDPR.
If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
In individual cases, we process personal data for the purpose of direct marketing. You may object to the processing of personal data for the purpose of such advertising at any time. This also applies to profiling, insofar as it is related to such direct marketing. If you object to us processing your data for direct marketing purposes, we will no longer process your personal data for these purposes.
In addition, you have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out by us for scientific or historical research purposes or for statistical purposes in accordance with Article 89(1) of the GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
You are free to exercise your right to object in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
12.8 Revocation of consent under data protection law
You have the right to withdraw your consent to the processing of personal data at any time with future effect.
12.9 Complaints to a supervisory authority
You have the right to complain to a supervisory authority responsible for data protection about our processing of personal data.
13. Routine storage, deletion and blocking of personal data
We process and store your personal data only for the period necessary to achieve the purpose of storage or as required by the legal provisions to which our company is subject.
If the purpose for storage no longer applies or a prescribed storage period expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
14. Further information on our data processing
As a company, we process personal data not only on our website, but also in many other processes. In order to provide you, as the data subject, with as much detailed information as possible about these processing purposes, we have compiled this information for the following processing activities here, thereby fulfilling the legal information requirements pursuant to Articles 13-14 of the GDPR:
[PDF] Information for data subjects regarding the collection of personal data as applicants
If you require further information that you cannot find here or in the following detailed privacy policy, please do not hesitate to contact our data protection officer.
15. Up-to-dateness and changes to the privacy policy
This privacy policy is currently valid and was last updated in September 2021.
Due to the further development of our website and services or due to changes in legal or regulatory requirements, it may be necessary to amend this privacy policy. The current privacy policy can be viewed at any time on the website under „https://www.kemena.de/datenschutzerklaerung/“ can be accessed by you.