Data privacy statement in accordance with the GDPR

Klaeser takes the protection and security of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations. Here you can download the most important data protection information (only in German language available):

For the proper performance of inspections such as exhaust emission tests (AU) and/or safety tests (SP) in our automotive workshop in Herten, the contractor is the “Bundesinnungsverband des Kraftfahrzeughandwerks (BIV)”, which operates a quality management system in accordance with the requirements of DIN EN ISO/IEC 17020.

For the processing of personal data within the scope of this activity, the data protection information for customers of the company Klaeser is not applicable. The data protection information for customers of the BIV applies to these inspections.

On the following pages we will explain which information we collect when you visit our website and how it is used.

I. Name and address of the controller

The controller in accordance with the General Data Protection Regulation and other national data protection laws of the Member States as well as other data protection regulations is:

Klaeser Internationale Fachspedition und Fahrzeugbau GmbH
Hohewardstrasse 333 – 335
45699 Herten
Germany
Tel.: +49 (0)2366 187-188
Email: info@klaeser.de
Website: https://www.klaeser.de

Contact details of the management:

Mrs. Kerstin Klaeser
Telephone: +49 (0)2366 187-0
Email: k.klaeser@klaeser.de

Mr. Sascha Zöffel
Telephone: +49 (0)2366 187-0
Email: s.zoeffel@klaeser.de

II. Name and address of the data protection officer

The controller’s data protection officer is:

Great Oak Datenschutz GmbH & Co. KG
Ruhrstrasse 16
59955 Winterberg
Germany

Tel.: +49 (0)2985 9999690
Email: datenschutz@great-oak.de
Website: https://www.great-oak-datenschutz.de

III. General information on data processing

1. Scope of the processing of personal data

We process the personal data of the users of our webpages only to the extent necessary for the provision of a functioning website and for our content and services.

We make every effort to store your personal data in a way that it is not accessible to third parties by taking appropriate technical and organisational measures.

Our employees and the service providers appointed by us are bound by a duty of confidentiality and are under an obligation to comply with the provisions of the applicable data protection regulations.

The processing of our users’ personal data takes place regularly and only with user consent.

An exception shall apply in cases where obtaining consent beforehand is not possible for factual reasons and the processing of data is permitted by law.

2. Legal basis for the processing of personal data

Where we obtain the consent of the data subject for processing operations of personal data, Art. 6 Para. 1 lit. a of the EU General Data Protection Regulation (GDPR) shall serve as the legal basis.

In the case of processing of personal data required for the performance of a contract to which the data subject is party, Art. 6 Para. 1 lit. b of the GDPR shall serve as the legal basis. This shall also apply for processing operations that are necessary for the implementation of pre-contractual measures.

Where the processing of personal data is required for compliance with a legal obligation to which our company is subject, Art. 6 Para. 1 lit. c of the GDPR shall serve as the legal basis.

In the event that the vital interests of the data subject or of another natural person require a processing of personal data, Art. 6 Para. 1 lit. d of the GDPR shall serve as the legal basis.

If the processing is required in order to maintain a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not override the first-named interest, Art. 6, Para. 1, lit. f of the GDPR shall serve as the legal basis for the processing.

3. Data erasure and storage duration

The personal data of the data subject will be erased or blocked as soon as the purpose of storage ceases to apply.

Storage can also take place where required by European or national legislature in Union regulations, laws or other rules to which the controller is subject.

Blocking or erasure of the data is also carried out when a storage period prescribed by the standards mentioned expires, unless there is a need for continued storage of the data for entering into, or performance of, a contract.

IV. Provision of the website and creation of logfiles

1. Description and scope of data processing

Each time our website is visited, our system automatically records data and information from the computer system of the accessing computer. The following data is collected:

  • Information about the browser type and version used
  • The operating system of the user
  • The internet service provider of the user
  • The IP address of the user
  • Date and time of access
  • Websites from which the user’s system reaches our website
  • Websites accessed by the user’s system via our website

The data is stored in the logfiles of our system. 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 data and logfiles is Art. 6, Para. 1, lit. f of the GDPR.

3. Purpose of data processing

Our website serves to provide information to our customers and employees, to acquire new customers and to transmit information to interested parties.

The temporary storage of the IP address by the system is necessary to enable the website to be provided to the user’s computer. This requires the IP address of the user to be stored for the duration of the session.

The storage in logfiles is carried out to ensure the functionality of the website. In addition, the data is used by us to optimise the website and to ensure the security of our information technology systems, including the establishment, exercise or defence of legal claims before court in the event of misuse.

No evaluation of the data for marketing purposes is carried out in this context.

These purposes contain our legitimate interest in data processing in accordance with Art. 6, Para. 1, lit. f of the GDPR.

4. Duration of storage

The data will be deleted as soon as it is no longer required for the achieving the purpose of its collection. Where the data is collected in order to make the website available, this will be the case when the session is ended.

Where the data is stored in logfiles, these will be deleted after 7 days.

5. Objection and elimination

The collection of data for making the site available and the storage of data in logfiles are absolutely necessary for the running of the website. There is therefore no possibility of objection on the part of the user.

6. Recipients of the data

The content of our website as well as the logfiles can be accessed at any time by our contracted service provider entrusted with the development and maintenance of the website:

netzeffekt GmbH
Theresienhöhe 28
80339 München

Telephone: +49(0)89 4161464-0
Fax: +49(0)89 4161464-99
Email: info@netzeffekt.de

There is an agreement in place with the service provider for processing in accordance with Art. 28 of the GDPR.

The content of our website and the logfiles can also be accessed at any time by our contracted service provider entrusted with the technical support of our web server:

OS-IT Service und Dienstleistungen e.K.
Owner: Oliver Schmidt
Akazienweg 13
49716 Meppen

Telefon: +49 (0)5931 4085296
Mobil +49 170 2336775
E-Mail: o.schmidt@osit.biz

There is also an agreement in place with this service provider for processing in accordance with Art. 28 of the GDPR.

V. Use of Cookies

Our website does not use cookies.

VI. Newsletter

Our website does not have a newsletter.

VII. Registrierung

We do not provide the option of registering on our website.

VIII. Contact forms and email contact

1. Description and scope of data processing

There are contact forms on our website (contact page and freight enquiry page), which can be used to make contact or freight inquiries for the preparation of a non-binding quote.

If a user makes use of this option, the data entered on the input screen shall be sent to us and stored.

The following data is concerned:

Contact form

  • Name (mandatory)
  • Email address (mandatory)
  • Phone number (optional)
  • Subject (mandatory)
  • Your message (mandatory)

Freight enquiry form

Information concerning the freight

  • Transport from postcode / town / country (mandatory)
  • Transport to postcode / town / country (mandatory)
  • Trade or product name of the goods (mandatory)
  • Freight weight in kg or l (mandatory)
  • Frequency of transport (optional)
  • Option to upload a safety data sheet

Personal details

  • Company (mandatory)
  • Telephone (mandatory)
  • Title
  • First name / surname (mandatory)
  • Street / house number (optional)
  • Postcode, town

At the time of sending the message, the following data will also be stored:

  • IP address of the user
  • Date and time of registration

Before submitting the data, you must give your consent to the processing of the data. In this context you will be told about the processing of data, your right of withdrawal and this data privacy statement.

Your give your consent by checking the box provided. If you do not do this, you cannot send the message.

Making contact via email

Alternatively, you can contact us via the e-mail address provided. In this case, the user’s personal data transmitted with the email is stored.

Where communication takes place by e-mail, complete data security cannot be guaranteed, and we therefore recommend sending confidential information by post.

There is no forwarding of data to third parties in this context. The data will be used solely for processing your request.

2. Legal basis for data processing

The legal basis for processing the data of the contact form is Art. 6 para. 1 lit. a DSGVO (consent of the data subject).

Legal basis for the processing of the data of the form freight inquiry is Art. 6 para.1 lit. b DSGVO (implementation of pre-contractual measures, which take place at the request of the data subject).

The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f DSGVO. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) lit. b DSGVO.

3. Purpose of data processing

The personal data from the input screen of our contact form is processed solely by us for the purpose of processing your request. Where you make contact via e-mail, we have a legitimate interest in the processing of data in order to process your request.

The other personal data processed during the sending process serves to prevent misuse of the contact form and ensure the security of our information technology systems.

4. Duration of storage

Data sent by e-mail will be stored for as long as is necessary to process the request or due to legal retention periods. If there are no legal retention periods, e-mails are deleted when their processing purpose has ceased to apply.

Data transmitted via the contact form is deleted after 6 months or prematurely if consent is revoked. If a conversation lasts longer than a period of 6 months, the data will be deleted as soon as it is no longer needed.

Data transmitted via the freight inquiry form will be deleted upon expiry of the statutory retention periods.

The additional personal data collected during the sending process (log entries) will be deleted after a period of seven days at the latest.

5. Objection and elimination

The user has the option at any time to withdraw his or her consent for the processing of personal data.

If the user contacts us by email, he or she can object to the storage of his or her personal data at any time. In such a case, the conversation cannot be continued.

All personal data stored in the course of making contact will be deleted in this case.

IX. Web analytics

Our website does not contain any tool for analysing the surfing behaviour of our users e.g. Google Analytics.

X. Rights of the data subject

Where personal data supplied by you is processed, you are a data subject in the sense of the GDPR and have the following rights vis-à-vis the controller:

1. Right of access

You shall have the right to obtain from the controller (see section I.) confirmation as to whether or not personal data relating to you is processed, and, where that is the case, access to the personal data and the following information:

(1) The purposes for which the personal data is processed;
(2) The categories of personal data processed;
(3) The recipients or categories of recipients to whom the personal data relating to you has been or will be disclosed;
(4) The planned duration of the storage of personal data relating to you or, where it is not possible to give specific details, criteria for determining the duration of storage;
(5) The existence of a right to rectification or erasure of personal data concerning you, of a right to restriction of processing by the controller or of a right of objection against this processing;
(6) The existence of a right to lodge a complaint with a supervisory authority;
(7) All available information about the origin of the data where the personal data is not collected from the data subject;
(8) The existence of an automated decision-making including profiling in accordance with Art. 22 Para. 1 and 4 of the GDPR and (at least in these cases) meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

You have the right to obtain information as to whether the personal data relating to you is transferred to a third country or an international organisation. In this context, you may request to be informed regarding the appropriate safeguards referred to in Art. 46 of the GDPR in connection with the transfer.

2. Right to rectification

You have a right to rectification and/or completion vis-à-vis the controller where the processed personal data concerning you is inaccurate or incomplete. The controller must make the rectification without undue delay.

3. Right to restriction of processing

Under the following conditions, you shall have the right to obtain restriction of the processing of the personal data relating to you:
(1) You contest the accuracy of the personal data relating to you, for a period enabling the controller to verify the accuracy of the personal data;
(2) The processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead;
(3) The controller no longer requires the personal data for the purposes of processing, but you need it for the establishment, exercise or defence of legal claims, or
(4) You have objected to the processing in accordance with Art. 21, Para. 1 of the GDPR pending the verification as to whether the legitimate grounds of the controller override yours.

Where processing of the personal data relating to you has been restricted, such personal data shall, with the exception of storage, only be processed with your consent or for the purpose of establishment, exercise or defence 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 of a Member State.

Where restriction of processing has been obtained under the conditions above, you will be informed by the controller before the restriction is lifted.

4. Right to erasure

a) Erasure obligation

You can request that the controller erase the personal data relating to you without undue delay, and the controller shall be obligated to erase this data without undue delay where one of the following grounds applies:

(1) The personal data relating to you is no longer necessary for the purposes for which it was collected or otherwise processed.
(2) You withdraw your consent on which the processing was based according to Art. 6 Para. 1 lit. a or Art. 9 Para. 2 lit. a of the GDPR, and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21, Para. 1 of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing in accordance with Art. 21 Para. 2 of the GDPR.
(4) The personal data relating to you has been unlawfully processed.
(5) The personal data relating to you has to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
(6) The personal data relating to you has been collected in relation to the offer of information society services referred to in Art. 8, Para. 1 of the GDPR.

b) Information provided to third parties

Where the controller has made the personal data relating to you public and is obliged pursuant to Art. 17 Para. 1 of the GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you, the data subject, have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

c) Exceptions

The right to erasure shall not apply if the processing is required

(1) for exercising the right to freedom of expression and information;
(2) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller 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 controller;
(3) for reasons of public interest in the area of public health in accordance with Art. 9 Para. 2 lit. h and i as well as Art. 9 Para. 3 of the GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 Para. 1 of the GDPR insofar as the right referred to in a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(5) for the establishment, exercise or defence of legal claims.

5. Right to information

If you have asserted the right to rectification, erasure or restriction of processing vis-à-vis the controller, the latter shall be obligated to inform all recipients to whom the personal data relating to you has been disclosed regarding this rectification or erasure of the data or restriction of the processing, unless this proves impossible or would involve disproportionate effort.

You have the right vis-à-vis the controller to be informed about these recipients.

6. Right to data portability

You shall have the right to receive the personal data relating to you which you provided to the controller, in a structured, commonly used and machine-readable format.

You shall also have the right to transmit this data to another controller without hindrance from the controller to which the personal data was provided, where

(1) the processing is based on consent pursuant to Art. 6 Para. 1 lit. a of the GDPR or Art. 9 Para 2 lit. a of the GDPR or on a contract pursuant to Art. 6 Para. 1 lit. b of the GDPR and
(2) the processing is carried out by automated means.

In exercising this right, you shall furthermore have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The freedoms and rights of other persons shall not be adversely affected by this.

The right to data portability shall not apply to processing of personal data that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. Right to object

You shall have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Art. 6 Para. 1 lit. e or f of the GDPR, including profiling based on those provisions.

The controller shall no longer process the personal data relating to you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing serves for establishment, exercise or defence of legal claims.

Where personal data relating to you is processed for direct marketing purposes, you shall have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.

Where you object to the processing for purposes of direct marketing, the personal data relating to you shall no longer be processed for such purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

8. Right to withdraw your declaration of consent made under data protection law

You shall have the right to withdraw your declaration of consent made under data protection law at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

9. Automated individual decision-making including profiling

You shall 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 shall not apply if the decision

(1) is necessary for entering into, or performance of, a contract between you and the data controller,
(2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests, or
(3) is based on your explicit consent.

However, these decisions shall not be based on special categories of personal data referred to in Art. 9 Para. 1 of the GDPR, unless Art. 9 Para. 2 lit. a or g of the GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.

With regard to the cases referred to in (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your own point of view and to contest the decision.

10. Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 of the GDPR.

The following supervisory authority is responsible for the operator of this website:

State Commissioner for the Protection of Data and Freedom of Information of North Rhine-Westphalia

Landesbeauftragte für Datenschutz und Informationsfreiheit
Nordrhein-Westfalen
Postfach 200444
40102 Düsseldorf

Telephone: 0211/38424-0
Fax: 0211/38424-10
Email: poststelle@ldi.nrw.de