Data Protection

1.   With regards to this data protection declaration and the data protection information it contains:

Thank you for your interest in our homepage and our company. Protecting the data of our business partners when they visit our website in terms of its collection, processing and use is of considerable importance to us. Therefore, for the purposes of protecting personal data and for data security, Kappa only processes personal data in strict compliance with the applicable legal regulations.

Our data protection declaration fulfils the guidelines of the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act [BDSG]. It should inform you of the type, the purpose and the use of personal data by Kappa as well as your rights.

 

2.   Data processor

2.1       The responsible authority is:

Kappa optronics GmbH

Kleines Feld 6

37130 Gleichen

GERMANY

Email: info@kappa-optronics.com

Tel.: +49 5508 974 -0

2.2       Our data protection officer is available at:

Kappa optronics GmbH

Kleines Feld 6

37130 Gleichen

GERMANY

Email: data-protection@kappa-optronics.com

Tel.: +49 5508 974 -0

 

3.            Gathering of personal data and information

3.1          When visiting our website

When visiting our website, www.kappa-optronics.com, information / usage data are forwarded automatically by the appropriate internet browser to our website's server and saved in what is referred to as a Logfile. The data records that are saved contain the following data:

  • The date and time of access
  • The name of the accessed website
  • The IP address
  • The referrer URL (the URL of origin from which you visited the website)
  • The transferred volume of data
  • The product and version information of the browser to be used.

3.2          When using our contact form

If you wish to contact Kappa, a contact form is available for you to use. If you use this form you must provide the following information:

  • Title
  • First name and surname
  • Position
  • Company
  • Street, house number
  • Postcode, location
  • Country
  • Email
  • Telephone number.

3.3          When registering for our newsletter

To receive further information from Kappa, you can sign up to an email newsletter. If you decide to do this, you must provide us with your email address. The provision of further data in order to personalise the newsletter is voluntary.

To send the newsletter, what is referred as the “double opt-in process” is used, which means you will only receive a newsletter by email after you have provided your express confirmation that the newsletter service is to be activated. Once you have activated the newsletter, you will receive a notification email with an activation link. You will only receive the newsletter once you have clicked on this link.

You can deactivate the newsletter at any time. For this purpose, please contact Kappa or use the de-registration link which is provided in each newsletter.

Within the scope of the sending of newsletters, usage data are processed in order to compile pseudonymised usage profiles for the purposes of market research, advertising or requirements-oriented document design (for example, newsletters or white papers). You can reject this processing at any time using the following link news@kappa-optronics.com.

 

4.            Google Analytics

For the purposes of the requirements-oriented design and continuous optimisation of our website, we use Google Analytics, a web analysis service provided by Google Inc. (https://www.google.de/intl/en/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; referred to in the following as “Google”). In this context, pseudonymised usage profiles are created and cookies are used. The information regarding your use of this website which is generated by the cookie, including

  • the browser type/version,
  • the used operating system,
  • the referrer URL (previously visited web page),
  • the host name of the accessing computer (IP address),
  • the time of the server query,

will be transferred to a server in the USA, where it will be saved. This information will be used in order to evaluate the use of the website, to compile reports about the website activities and to provide further services relating to the use of the website and the internet for the purposes of market research and the user-friendly configuration of these internet pages. This information may also be forwarded to third parties if legally required or if third parties process this data on behalf of Google. Google will never associate your IP address with any other Google data. IP addresses are anonymised so that they cannot be identified (IP masking).

You can prevent the installation of cookies with the appropriate settings in your browser software; please note, however, that in this case you may not be able to use all of the functions of this website to their complete extent.

You can also prevent the collection of the data regarding your use of the website which is generated by the cookie (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=en).

As an alternative to this browser add-on, especially with browsers on mobile end devices, you can also prevent the collection of data by Google Analytics by clicking on this link. An opt-out cookie is placed which prevents the future collection of your data when visiting this website. The opt-out cookie only applies to this browser and for our website, and will not be saved on your device. If you delete the cookies in this browser, it is necessary for you to place the opt-out cookie again.

Further information on data protection in the context of Google Analytics is available in the Google Analytics Help feature (https://support.google.com/analytics/answer/6004245?hl=en).

 

5.            Cookies

The Kappa website makes use of cookies. These serve the purpose of making our offer more user-friendly, effective and secure. Cookies are a technology which allows Kappa to save small snippets of information on your computer.

Most browsers are set so that they accept cookies automatically. You can deactivate the saving of cookies, however, or set your browser so that you are notified as soon as the cookies are placed. Please note, however, that in this case you may not be able to use all of the functions of this website to their complete extent.

 

6.            Links to external websites

When visiting the Kappa website, contents may be displayed that are linked to websites of external parties. Kappa is not able to access cookies or other functions that are used by external websites, nor is Kappa able to control these. External websites of this kind are not subject to the data protection regulations of Kappa.

You are therefore requested to make direct contact with such external service providers and/or to make use of their data protection declaration as a basis for information.

 

7.            Framework of processing

7.1          Purpose of the processing

The collection and processing occurs for the purpose of making contact and communicating with you, as well as for the initiation, realisation and development of our business relationship. In the scope of the collaboration with you, Kappa processes personal data for the following purposes in particular:

  • Communication with you regarding products, services and projects, to process your enquiries, for example.
  • The planning, implementation and administration of the (contractual) business relationship between you and Kappa; for example, for the purpose of completing orders for products and services, for the collection of payments, for the purposes of accounting, invoicing and the collection of receivables, and for the completion of deliveries, maintenance work or repairs;
  • The completion of customer surveys, marketing campaigns, market analyses, competitions or similar campaigns and events;
  • Maintaining and protecting the security of our products and services as well as our website, the prevention and detection of security risks, fraudulent activities or other criminal or malicious activities;
  • The settlement of legal disputes, the enforcement of existing contracts, and for the assertion, exercising and vindication of legal disputes.

 

7.2          Sources and categories of personal data

For the aforementioned purposes, we shall process personal data that we obtain in the scope of our business relationship with you in your position as an authorised representative or a legal person as appropriate. Relevant personal data can include the following:

  • First name and surname, address, telephone number, mobile telephone number, fax number, email address, IBAN, BIC, tax ID as well as other contact data.
  • Payments data such as information which is necessary for the settlement of payment processes or the prevention of fraud, including credit card information and card verification numbers;
  • Further information, the processing of which is required within the scope of a project or the settlement of a contractual relationship with Kappa, or which are voluntarily provided by you, such as completed orders, completed enquiries or project details; and
  • Information which is lawfully collected from publicly available sources (such as the commercial register), information databases (the internet, for example) or credit agencies and which may be processed.

7.3          Legal bases of the processing

  • On the basis of your consent - art. 6 para. 1 lit. a GDPR:
  • Insofar as you provided us with your consent to the processing of your personal data - for advertising purposes, for example - the legal validity of such processing is provided on the basis of your consent.
  • For the fulfilment of contractual obligations - art. 6 para. 1 lit. b GDPR:
  • The processing of personal data takes place in the scope of the provision of deliveries and services, in particular, for our contracts or pre-contractual measures with you and the completion of your orders.
  • On the basis of legal requirements - art. 6 para. 1 lit. c GDPR:
  • Kappa is subject to various legal obligations which require the processing of personal data, in the context of reporting obligations towards governmental authorities for example.
  • In the scope of the balancing of interests - art. 6 para. 1 lit. f GDPR:
  • As far as necessary, above and beyond the actual fulfilment of the contract, we shall process your data to safeguard the authorised interests of Kappa or external parties. An authorised interest exists, for example, in the case of responsibility for contact and information enquiries, customer care, the security of buildings and facilities (access control, for example), the ensuring of IT security, the assertion of legal claims, and in consultations with and when exchanging data with credit agencies.

 

7.4          Duration or criteria for the period of storage

As far as necessary, we shall process and save your personal data for the duration of our business relationship. In addition to this, pursuant to business and tax law, Kappa is subject to various retention periods which, among others, are stipulated by the German Commercial Code [HGB] and the German Fiscal Code [AO]. The stipulated retention periods for storage and/or documentation may total up to 10 years.
The retention period for the preservation of evidence is also aligned to the statutory limitation periods. According to §§ 195 et. seq. of the German Civil Code [BGB], the limitation periods can total up to 30 years, whereby the general limitation period totals 3 years.

 

8.            Forwarding of data to third parties

Within our company, your data is accessed by persons who require such data for the fulfilment of our legal and contractual obligations.

The service providers that we hire (known as processors, art. 28, GDPR, for example, for supporting/maintaining IT applications, archiving, destruction of data or documentation, controlling, customer administration, email senders) are able to receive data for the purposes referred to under item 7.1. Such service providers only operate according to the instructions of Kappa, and are contractually obliged to comply with the valid legal data protection regulations.

Kappa will only forward your personal data to other third parties if the forwarding is required in order to fulfil the purposes referred to in item 7.1, if you have agreed to the forwarding, or otherwise, in the case of a legal instruction that requires the forwarding. As an international company, in the case of the initiation or implementation of a contract, we depend on all participants having approximately the same level of knowledge about the current situation. For this reason, as far as it may be necessary in individual cases, we forward customer data to our subsidiary companies, sales partners and suppliers in strict compliance with the legal data protection regulations.

In the interests of complying with the applicable laws or asserting, exercising or defending legal rights, Kappa may also forward personal data to courts, regulatory authorities or law firms insofar as this may be legally permitted and necessary.

 

9.            Forwarding of data to a third country

The forwarding of personal data to countries that are not members of the EU and/or the EEA (known as third countries) will only take place in the scope of and in compliance with the applicable legal regulations.

If the applicable laws in such a third country do not offer the same level of data protection as the laws in Germany, Kappa will take steps to nonetheless guarantee the appropriate and suitable protection of such personal data.

 

10.          Obligation for the provision of data

In the scope of our business relationship, it is only necessary for you to provide the personal data which is required for the completion of the contact form, for registration for the newsletter, or for the substantiation, completion and ending of a business relationship. Without such data, we will not generally be able to process your enquiries.

 

11.          Rights of affected person(s)

You have the right:

  • pursuant to art. 15, GDPR, to request information about your personal data that we have processed;
  • pursuant to art. 16, GDPR, to request the immediate correction or completion of your personal data that we have saved;
  • pursuant to art. 17, GDPR, to request the deletion of your personal data that we have saved;
  • pursuant to art. 18, GDPR, to request the limitation of the processing of your personal data in the case of the existence of one of the conditions of art. 18, para. 1., lit. 1-d;
  • pursuant to art. 20 GDPR, to receive the personal data which you have provided to us in a structured, commonplace and machine-readable format, or to request their forwarding to another responsible person; and
  • pursuant to art. 77, GDPR, to submit a complaint to a regulatory authority.
     

12.    Rights of revocation and objection

You are entitled to revoke the consent which you have given us at any time (art. 7, para. 3, GDPR). The right of revocation also applies to consent that you may have given us prior to 25th May 2018. Following the revocation, Kappa will only be entitled to process the personal data if Kappa is able to substantiate such processing on another legal basis.

Insofar as your personal data are processed pursuant to art. 6, para. 1, lit. f, GDPR on the basis of authorised interests, pursuant to art. 21, GDPR, you have the right to submit an objection to the processing of your personal data insofar as the appropriate reasons exist which arise from your particular situation; this also applies to a case of profiling which is based on this provision.

If we should process your personal data for the purposes of direct advertising, you have the right to submit an objection to the processing of your personal data for such advertising purposes; insofar as it is associated with such direct advertising, this also applies to profiling.

If you wish to make use of your right of revocation or objection, simply send an appropriate email to news@kappa-optronics.com.

 

13.          Profiling

We only process your data on an automated basis for our newsletter, whereby you are able to block such profiling when registering for the newsletter.

 

14.          Amendment of the data protection declaration

On the basis of the further development of our website and its associated offerings, or on the grounds of changes to legal and/or official regulations, it may be necessary for us to amend this data protection declaration. You can view and print out the currently valid data protection declaration on our website, https://www.kappa-optronics.com, at any time.

This data protection declaration is currently valid and is dated April 2018.

 

 

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