I. Name and address of controller
The controller within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the Member States, as well as other data protection regulations, is:
Kraftverkehr Nagel SE & Co. KG
Telephone: +49 (0) 5423 - 9600
II. Address of data protection officer
The controller's data protection officer is:
Kraftverkehr Nagel SE & Co. KG
Corporate Data Protection Officer
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III. General information on data processing
We collect and use the personal data of our users in principle only insofar as required in order to provide a functioning website and our content and services. The personal data of our users is generally collected and used only with the user's consent. An exception to this rule is cases in which it is not possible to obtain consent in advance for practical reasons and the processing of the data is permitted by law.
Where we obtain consent from the data subject for the processing of personal data, Art. 6(1)(a) GDPR serves as the legal basis for the processing of personal data.
In the case of the processing of personal data that is required in order to perform a contract to which the data subject is a party, Art. 6(1)(b) GDPR serves as the legal basis. This also applies to processing operations that are required to carry out pre-contractual measures.
Where the processing of personal data is required in order to comply with a legal obligation to which our company is subject, Art. 6(1)(c) GDPR serves as the legal basis.
Should the processing of personal data be required in the vital interests of the data subject or another natural person, Art. 6(1)(d) GDPR serves as the legal basis.
If the processing is necessary to protect the legitimate interests of our company or a third party, and the interests and fundamental rights and freedoms of the data subject do not override such interests, Art. 6(1)(f) GDPR serves as the legal basis for the processing.
The personal data of data subjects will be erased or blocked as soon as the purpose of storage ceases to apply. The personal data may continue to be stored after this time if provided for by European or national legislators in Union regulations, laws or other provisions to which the controller is subject. The data may then be blocked or erased once a retention period stipulated by the specified standards has passed unless it is necessary to continue storing the data for the purposes of concluding or performing a contract.
IV. Provision of the website and creation of log files
Each time that our website is accessed, our system automatically records data and information from the computer system of the computer used to access the website.
The following data is collected during this process:
(1) Information about the type of browser and the version used
(2) The user's operating system
(3) The user's Internet service provider
(4) The user's IP address
(5) Date and time of access
(6) Websites from which the user's system reaches our website
(7) Websites accessed by the user's system via our website
The data is also stored in our system's log files. This data is not stored together with other personal data of the user.
The legal basis for the temporary storage of data and log files is Art. 6(1)(f) GDPR.
The temporary storage of the IP address by the system is necessary in order to enable the delivery of the website to the user's computer. For this purpose, the user's IP address must be stored for the duration of the session.
The storage in log files is carried out in order to ensure the functionality of the website. The data also helps us to optimise the website and ensure the security of our IT systems. The data is not analysed for marketing purposes in this respect.
For these purposes, we also have a legitimate interest in the data processing in accordance with Art. 6(1)(f) GDPR.
The data is erased as soon as it is no longer required for the purposes for which it was collected. Where data is collected for the purposes of providing the website, this is the case once the relevant session ends.
In the case of the storage of data in log files, this is the case after seven days at the latest. Data may continue to be stored after this time. In this case, the IP addresses of users will be erased or modified so that assignment of the accessing client is no longer possible.
The recording of data for the provision of the website and the storage of data in log files is essential for the operation of the website. Consequently, the user has no opt-out option.
The following data is stored and transmitted in the cookies:
(1) Cookie banner display status
The purpose of using technically necessary cookies is to make websites easier for users to use. Some functions of our website cannot be offered without using cookies. For these functions, the browser needs to be recognised even after changing pages.
We need cookies for the following applications:
(1) Has the cookie banner been displayed and confirmed.
The user data collected by technically necessary cookies is not used to create user profiles.
For these purposes, we also have a legitimate interest in the processing of personal data in accordance with Art. 6(1)(f) GDPR.
VI. Contact form and email contact
Contact forms are available on our website that can be used to make contact electronically. If a user makes use of this option, the data entered on the input screen is sent to us and stored. This data is:
Last name, first name, address, contact information (email, telephone), enquiry
When the message is sent, the following data is also stored:
(1) The user's IP address
(2) Date and time
It is also possible to contact us via the email address provided. In this case, the user's personal data sent via the email is stored.
Data is not passed on to third parties outside of the Nagel-Group in these cases. The data is used exclusively for the purposes of processing the conversation.
The legal basis for the processing of data transmitted in the course of sending an email is Art. 6(1)(f) GDPR. If the email contact is aimed at concluding a contract, Art. 6(1)(b) GDPR forms an additional legal basis for the processing.
The processing of personal data from the input screen is carried out solely for the purposes of facilitating the relevant communication. In the case of contact via email, the necessary legitimate interest for the processing of the data is also in this same purpose.
The other personal data processed during the transmission process is used to prevent misuse of the contact form and to ensure the security of our IT systems.
The data is erased as soon as it is no longer required for the purposes for which it was collected. For the personal data from the contact form input screen and the personal data sent via email, this is the case once the relevant conversation with the user has ended. The conversation is considered to have ended once it can be inferred from the circumstances that the relevant matter has been conclusively resolved.
The personal data additionally collected during the transmission process is erased within seven days at the latest.
If users contact us via email, they may object to the storage of their personal data at any time. In this case, the conversation cannot then be continued.
Please direct your objection to the address in the legal notice.
All personal data that has been stored in the course of the contact is erased in this case.
VII. Rights of the data subject
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights with respect to the controller:
You can obtain confirmation from the controller as to whether personal data concerning you is being processed by us.
If such processing is carried out, you can request the following information from the controller:
(1) the purposes for which the personal data is being processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data concerning you has been or will be disclosed;
(4) the planned duration of storage of the personal data concerning you or, if it is not possible to provide specific details in this regard, the criteria for determining the storage duration;
(5) the existence of a right to the rectification or erasure of the personal data concerning you, a right to the restriction of processing by the controller or a right to object to this processing;
(6) the existence of a right to lodge a complaint with a supervisory authority;
(7) all information available regarding the source of the data if the personal data was not collected from the data subject;
(8) the existence of automated decision-making, including profiling, in accordance with Art. 22(1) and (4) GDPR and—at least in these cases—meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
You have the right to request information regarding whether the personal data concerning you is being sent to a third country or an international organisation. In this regard, you may request information regarding the appropriate safeguards provided for the transmission in accordance with Art. 46 GDPR.
You have a right to rectification and/or completion with respect to the controller if the processed personal data concerning you is incorrect or incomplete. The controller must carry out the rectification promptly.
You may request the restriction of the processing of the personal data concerning you under the following conditions:
(1) if you contest the accuracy of the personal data concerning 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 use of the personal data instead;
(3) the controller no longer needs the personal data for the purposes of the processing, but you require it for the establishment, exercise or defence of legal claims, or
(4) if you have objected to processing pursuant to Art. 21(1) GDPR pending the verification whether the legitimate grounds of the controller override yours.
Where the processing of the personal data concerning you has been restricted, such personal data shall, with the exception of storage, only be processed with your consent or for the 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 processing has been restricted in accordance with the provisions specified above, you will be informed by the controller before the restriction is lifted.
a) Erasure obligation
You may obtain from the controller the erasure of personal data concerning you without undue delay and the controller has the obligation to erase this personal data without undue delay where one of the following grounds applies:
(1) the personal data concerning you is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
(2) you withdraw your consent on which the processing is based according to Art. 6(1)(a) or Art. 9(2)(a) GDPR, and there is no other legal ground for the processing.
(3) you object to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21(2) GDPR.
(4) the personal data concerning you has been unlawfully processed.
(5) the personal data concerning 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 concerning you has been collected in relation to the offer of information society services referred to in Art. 8(1) GDPR.
b) Information to third parties
Where the controller has made the personal data concerning you public and is obliged pursuant to Art. 17(1) 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, as the data subject, have requested the erasure by such controllers of any links to, or copy or replication of, this personal data.
The right to erasure does not exist if the processing is required
(1) for exercising the right of 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(2)(h) and (i) and Art. 9(3) GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89(1) GDPR in so far as the right referred to in Section (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.
If you have asserted the right to rectification, erasure or the restriction of processing against the controller, the controller is obligated to notify all recipients to whom the personal data concerning you has been disclosed of said rectification or erasure of the data or restriction of processing, unless this proves to be impossible or involve disproportionate effort.
You have the right vis-à-vis the controller to be informed about these recipients.
You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, where
(1) 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
(2) the processing is carried out by automated means.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. The freedoms and rights of other persons must not be impaired in the process.
The right to data portability does not apply to processing necessary for the performance of a task carried out
You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you which is based on Art. 6(1)(e) or (f) GDPR, including profiling based on those provisions.
The controller shall no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
Where the personal data concerning you is processed for direct marketing purposes, you have the right to object at any time to the 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 processing for direct marketing purposes, the personal data concerning 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.
You have the right to withdraw your data protection declaration of consent at any time. The withdrawal of consent will not affect the lawfulness of the processing carried out based on the consent up to the time of withdrawal.
You 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 does not apply if the decision
(1) is necessary for entering into, or performance of, a contract between you and the 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, such decisions shall not be based on special categories of personal data referred to in Art. 9(1) GDPR, unless Art. 9(2)(a) or (g) GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.
In the cases referred to in No. (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.
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State where you reside, in which your place of work is located or where the alleged infringement took place, if you believe that the processing of the personal data concerning you is in violation of the GDPR.