Privacy Policy

Foreword

The kugellager-online GmbH & Co. KG (hereinafter also referred to as: “the company”, “we” or “us”) takes the protection of your personal data seriously and would like to inform you here about data protection in the company.

Within the scope of our responsibility under data protection law, additional obligations have been imposed on us by the entry into force of the EU General Data Protection Regulation (Regulation (EU) 2016/679; hereinafter: “GDPR”) to ensure the protection of personal data of the data subject (we also refer to you as data subject hereinafter as “customer”, “user”, “you” or “data subject”).

As far as we decide either alone or jointly with others on the purposes and means of data processing, this includes, above all, the obligation to inform you transparently about the nature, scope, purpose, duration, and legal basis of the processing (cf. Art. 13 and 14 of the GDPR). With this declaration (hereinafter: “Privacy Notice”), we inform you about how we process your personal data.

Our Privacy Notice is modular in structure. It consists of a general part for any processing of personal data and processing situations that come into play each time a website is called up (A. General) and a special part, the content of which relates in each case only to the processing situation specified there with the designation of the respective offer or product, in particular the visit to websites as detailed here (B. Visiting Websites).

A.

A. General

(1) Definitions

Following the example of Article 4 of the GDPR, this Privacy Notice is based on the following definitions:

• “Personal data” (Art. 4 No. 1 of the GDPR) means any information relating to an identified or identifiable natural person (“data subject”). A person is identifiable if they can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, an online identifier, location data or using information relating to their physical, physiological, genetic, mental, economic, cultural, or social identity characteristics. The identifiability can also be given by linking such information or other additional knowledge. The information's origin, form, or embodiment is irrelevant (photos, video or audio recordings can also contain personal data).

• “Processing” (Art. 4 No. 2 of the GDPR) means any operation which involves the handling of personal data, whether or not by automated (i.e., technology-based) means. This includes, in particular, the collection (i.e., obtaining), recording, organisation, arrangement, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment, combination, restriction, erasure, or destruction of personal data, as well as the change of a purpose or intended purpose on which a data processing was originally based.

• “Controller” (Art. 4 No. 7 of the GDPR) means the natural or legal person, public authority, agency, or other body that alone or jointly with others determines the purposes and means of processing personal data.

• “Third party” (Art. 4 No. 10 of the GDPR) means any natural or legal person, public authority, agency, or other body other than the data subject, the controller, the processor, and the persons who are authorised to process the personal data under the direct responsibility of the controller or processor; this also includes other group-affiliated legal entities.

• “Processor” (Art. 4 No. 8 of the GDPR) means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller, in particular per the controller’s instructions (e.g., IT service provider). In particular, a processor is not a third party in the sense of data protection law.

• “Consent” (Art. 4 No. 11 of the GDPR) of the data subject means any freely given specific, informed, and unambiguous indication of their wishes in the form of a statement or other unambiguous, affirmative act by which the data subject signifies their agreement to the processing of personal data relating to them.

(2) Name and Address of the Controller

We are the controller for the processing of your personal data within the meaning of Art. 4 No. 7 of the GDPR:

kugellager-online GmbH & Co. KG,

Josef-Baumann-Straße 21, 44805 Bochum, Germany,

Tel.: +49 (0) 234 5450120

E-mail: info@ekugellager.de

represented by

kugellager-online Verwaltung GmbH,

Josef-Baumann-Straße 21, 44805 Bochum, Germany,

Tel.: +49 (0) 234 5450120

E-mail: info@ekugellager.de

represented by its managing director Hans-Martin Reinhardt, who has sole power of representation,

Josef-Baumann-Straße 21, 44805 Bochum, Germany.

For further information on our company, please refer to the Legal Notice  on our website www.ekugellager.de.

(3) Legal Basis for Data Processing

In principle, any processing of personal data is prohibited by law and only permitted if the data processing falls under one of the following justifications:

• 6 para. 1 p. 1 (a) of the GDPR (“Consent”): Where the data subject has freely given their consent, in an informed and unambiguous manner, using a declaration or other unambiguous, affirmative act, to the processing of personal data relating to them for one or more specified purposes;

• 6 para. 1 p. 1 (b) of the GDPR: If the processing is necessary for the performance of a contract to which the data subject is a party or for the performance of pre-contractual measures taken at the data subject’s request;

• 6 para. 1 p. 1 (c) of the GDPR: Where the processing is necessary for compliance with a legal obligation to which the controller is subject (e.g., a legal obligation to keep records);

• 6 para. 1 p. 1 (d) of the GDPR: Where the processing is necessary to protect the vital interests of the data subject or another natural person;

• 6 para. 1 p. 1 (e) of the GDPR: Where the processing is necessary for the performance of a task carried out in the public interest or the exercise of official authority vested in the controller; or

• 6 para. 1 p. 1 (f) of the GDPR (“Legitimate Interests”): Where the processing is necessary for the purposes of legitimate (in particular legal or economic) interests of the controller or a third party unless overriding interests or rights of the data subject exist to the contrary (in particular where the data subject is a minor).

We indicate below the applicable legal basis for the processing operations carried out by us in each case. Processing may also be based on several legal bases.

(4) Data Deletion and Retention Period

For the processing operations we carry out, we indicate below in each case how long we will store the data and when it will be deleted or blocked. Unless an explicit retention period is specified below, your personal data will be deleted or blocked as soon as the purpose or legal basis for the retention no longer applies. Your data will only be stored on our servers in Germany, subject to any transfer per the provisions in A.(6) and A.(7).

However, storage may occur beyond the specified time in the event of a (threatened) legal dispute with you or other legal proceedings or if storage is provided for by statutory regulations to which we are subject as the responsible party (e.g., § 257 HGB, § 147 AO). Suppose the retention period prescribed by legal regulations expires. In that case, the personal data will be blocked or deleted unless further retention by us is necessary, and there is a legal basis for this.

(5) Data Security

We use appropriate technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or unauthorised access by third parties (e.g., TSL encryption for our website), taking into account the state of the art, implementation costs and the nature, scope, context and purpose of the processing, as well as the existing risks of a data breach (including its probability and impact) for the data subject. Our security measures are continuously improved in line with technological developments.

We will be happy to provide you with more information on request. We refer to our contact details under A.(2).

(6) Cooperation with Processors

As with any larger company, we also use external domestic and foreign service providers to handle our business transactions (e.g., IT, logistics, telecommunications, sales and marketing). They are carefully selected, only work according to our instructions, are regularly monitored, and contractually obligated to comply with data protection regulations per Art. 28 of the GDPR.

If personal data from you is passed on by us to our affiliated companies or to us by our affiliated companies (e.g., for advertising purposes), this is done based on existing order processing relationships.

(7) Conditions for the Transfer of Personal Data to Third Countries

In the course of our business relationships, your personal data may be transferred or disclosed to third party companies. These can also be located outside the European Economic Area (EEA), i.e., in third countries. Such processing is carried out exclusively to fulfil contractual and business obligations and maintain your business relationship with us. We will inform you about the respective details of the transfer in the following at the relevant points.

The European Commission certifies data protection comparable to the EEA standard for some third countries using so-called adequacy decisions (a list of these countries and a copy of the adequacy decisions can be found here: http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.html).

However, in other third countries to which personal data may be transferred, there may not be a consistently high level of data protection due to a lack of legal provisions. Where this is the case, we ensure that data protection is sufficiently guaranteed. This is possible through binding corporate rules and standard contractual clauses of the European Commission to protect personal data, certificates or recognised codes of conduct. Please contact us (see contact details under A.(2)) if you would like more information on this.

(8) No Automated Decision Making (Including Profiling)

We do not intend to use any personal data collected from you for any automated decision-making process (including profiling).

(9) No Obligation to Provide Personal Data

We do not make the conclusion of contracts with us dependent on you providing us with personal data beforehand. As a customer, you are under no legal or contractual obligation to provide us with your personal data; however, we may only be able to provide certain services to a limited extent or not at all if you do not provide the necessary data. If this should exceptionally be the case within the scope of the products presented below and offered by us, you will be informed of this separately.

(10) Legal Obligation to Transmit Certain Data

We may, under certain circumstances, be subject to a specific legal or statutory obligation to make the lawfully processed personal data available to third parties, particularly public bodies (Art. 6 para. 1 p. 1 (c) of the GDPR.

(11) Your Rights

You can exercise your rights as a data subject regarding your processed personal data at any time by contacting us using the contact details provided at the beginning of A.(2). As the data subject, you have the right to:

• request information about your data processed by us per Art. 15 of the GDPR. In particular, you can request information about the processing purposes, the category of data, the categories of recipients to whom your data has been or will be disclosed, the planned retention period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it has not been collected by us, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information about its details;

• demand the correction of incorrect or the completion of your data stored by us without delay per Art. 16 of the GDPR;

• request the deletion of your data stored by us according to Art. 17 of the GDPR, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or the assertion, exercise or defence of legal claims;

• demand the restriction of the processing of your data per Art. 18 of the GDPR, insofar as the accuracy of the data is disputed by you or the processing is unlawful;

• receive the data that you have provided to us according to Art. 20 of the GDPR in a structured, common and machine-readable format or to request the transfer to another controller (“data portability”);

• object to the processing per Art. 21 of the GDPR, provided that the processing is based on Art. 6 (1) p. 1 (e) or (f) of the GDPR. This is particularly the case if the processing is not necessary to perform a contract with you. Unless it is an objection to direct marketing, if you exercise such an objection, please explain why you do not want us to process your data as we have done. In the event of your justified objection, we will examine the merits of the case and either discontinue or adapt the data processing or show you our compelling legitimate grounds based on which we will continue the processing;

You can address your objection to our contact details mentioned under point A.(2).

• revoke your consent given once per Art. 7 (3) of the GDPR (also before the applicability of the GDPR, i.e., before 25.5.2018) - i.e., your voluntary will, made understandable in an informed manner and unambiguously using a declaration or other unambiguous confirming act, that you agree to the processing of the personal data in question for one or more specific purposes - at any time vis-à-vis us, if you have given such consent. This has the consequence that we may no longer continue the data processing based on this consent in the future and

• complain to a data protection supervisory authority about the processing of your personal data in our company per Art. 77 of the GDPR, such as the data protection supervisory authority responsible for us:

State Commissioner for Data Protection and Freedom of Information

Kavalleriestraße 2-4, 40213 Düsseldorf, Germany

Tel.: +49 (0) 211 / 384240

Fax: +49 (0) 211 / 3842410

E-mail: poststelle@ldi.nrw.de

Website: www.ldi.nrw.de

(12) Changes to the Privacy Notice

Our Privacy Notice is regularly reviewed to determine whether it needs to be adapted or supplemented in the context of the further development of data protection law and technological or organisational changes. You will be informed about changes in particular on our German website at www.ekugellager.de. This Privacy Notice is current as of December 2020.

B.

B. Visiting Websites

(1) Explanation of the Function

You can obtain information about our company and the services we offer in particular at www.ekugellager.de together with the associated sub-pages (hereinafter collectively referred to as “websites”). When you visit our websites, your personal data may be processed.

(2) Personal Data Processed

During the informative use of our website, i.e., if you do not register or otherwise transmit information to us, we only collect the personal data that your browser transmits to our server. The following categories of personal data are collected, stored and processed by us:

“Log data”: When you visit our websites, a so-called log data record (so-called server log files) is stored temporarily and anonymously on our web server. It consists of:

• the page from which the page was requested (so-called referrer URL)

• the name and URL of the requested page

• the date and time of the call

• the description of the type, language and version of the web browser used

• the IP address of the requesting computer, which is shortened in such a way that a personal reference can no longer be established

• the amount of data transferred

• the operating system

• the message whether the call was successful (access status/HTTP status code)

• the GMT time zone difference

“Contact form data”: When contact forms are used, the data transmitted through them are processed (e.g., gender, surname and first name, address, company, e-mail address and the time of transmission). The same applies if you contact us by e-mail.

In addition to the purely informational use of our website, we offer various services that you can use if you are interested. This usually requires you to provide further personal data, which we use to provide the relevant service and to which the data processing principles set out in this privacy policy apply.

We may pass on your personal data to third parties if promotional participation, competitions, contract conclusions or similar services are offered by us together with partners. You will receive more detailed information when you provide your personal data; in all other respects, the principles set out in this privacy policy apply.

In addition to the purely informative use of our website, we also offer a subscription to our newsletter. If you register for our newsletter, the following “newsletter data” will be collected, stored and processed by us:

• the page from which the page was requested (so-called referrer URL)

• the date and time of the call

• the description of the type of web browser used

• the IP address of the requesting computer, which is shortened in such a way that a personal reference can no longer be established

• the email address

• the date and time of registration and confirmation.

We would like to point out that we evaluate your user behaviour when sending the newsletter. For this evaluation, the emails sent contain so-called web beacons or tracking pixels, which are single-pixel image files stored on our website. We link the data mentioned above and the web beacons with your e-mail address and an individual ID for the evaluations. Links contained in the newsletter also contain this ID. The data is collected exclusively pseudonymously, i.e., the IDs are not linked to your other personal data. A direct personal reference is excluded.

(3) Purpose and Legal Basis of Data Processing

We process the personal data specified above per the provisions of the GDPR and other relevant data protection regulations and only to the extent necessary. Insofar as the processing of personal data is based on Art. 6 (1) p. 1 (f) of the GDPR, the purposes mentioned above also represent our legitimate interests.

The processing of the log data serves statistical purposes and the improvement of the quality of our website, in particular the stability and security of the connection (legal basis is Art. 6 (1) p. 1 (f) of the GDPR).

Contact form data is processed to handle customer enquiries (legal basis is Art. 6 (1) p. 1 (b) or (f) of the GDPR).

The newsletter data is processed to send the newsletter. When registering for our newsletter, you consent to the processing of your personal data (legal basis is Art. 6 (1) p. 1 (a) of the GDPR). We use the so-called double opt-in procedure to register for our newsletter. This means that after your registration, we will send you an e-mail to the e-mail address you provided, in which we ask you to confirm that you wish to receive the newsletter. This procedure aims to prove your registration and, if necessary, to clarify a possible misuse of your personal data. You can revoke your consent to receive the newsletter and unsubscribe at any time. You can declare the revocation by clicking on the link provided in every newsletter e-mail, by e-mail to info@ekugellager.de or by sending a message to the contact details given in the Legal Notice.

(4) Duration of Data Processing

Your data will only be processed for as long as is necessary to achieve the above-mentioned processing purposes; for this purpose, the legal bases indicated in the context of the processing purposes apply accordingly. Concerning cookies' use and storage duration, please note points A.(4) and B.(6).

Third parties engaged by us will store your data on their system for as long as it is necessary to provide the services for us per the respective order.

You can find more details on the retention period particularly under point A.(4).

(5) Transfer of Personal Data to Third Parties; Justification Basis

The following categories of recipients, which are usually processors (see point A.(6)), may receive access to your personal data:

• Service providers for the operation of our website and the processing of data stored or transmitted by the systems (e.g., for data centre services, payment processing, IT security). The legal basis for the transfer is then Art. 6 para. 1 p. 1 (b) or (f) of the GDPR, insofar as it does not involve order processors;

• Government agencies/authorities, insofar as this is necessary to fulfil a legal obligation. The legal basis for the disclosure is then Art. 6 para. 1 p. 1 (c) of the GDPR;

• Persons employed to carry out our business operations (e.g., auditors, banks, insurance companies, legal advisers, regulatory authorities, parties involved in company acquisitions or the establishment of joint ventures). The legal basis for the disclosure is then Art. 6 para. 1 p. 1 (b) or (f) of the GDPR.

For the guarantees of an adequate level of data protection in the event of a transfer of the data to third countries, see point A.(7).

In addition, we will only pass on your personal data to third parties if you have given your express consent to do so per Art. 6 para. 1 p. 1 (a) of the GDPR.

(6) Use of Cookies

We use cookies on our websites. Cookies are small text files that are assigned to the browser you are using and stored on your hard drive using a characteristic string of characters and through which certain information flows to the body that sets the cookie. Cookies cannot run programs or transmit viruses to your computer and therefore cannot cause any damage. They make the internet offer more user-friendly and effective, i.e., more pleasant for you.

Cookies may contain data that make it possible to recognise the device used. In some cases, however, cookies only contain information on certain settings that cannot be related to a specific person. However, cookies cannot directly identify a user.

A distinction is made between session cookies, which are deleted as soon as you close your browser, and permanent cookies stored beyond the individual session. Concerning their function, cookies are divided into:

• Technical cookies: These are mandatory to navigate the website, use basic features and ensure the security of the website; they do not collect information about you for marketing purposes, nor do they store which web pages you have visited;

• Performance cookies: These collect information about how you use our website, which pages you visit and, for example, whether errors occur during website use; they do not collect information that could identify you - all information collected is anonymous and is only used to improve our website and find out what interests our users;

• Sharing cookies: These are used to improve the interactivity of our website with other services (e.g., social networks); sharing cookies are stored for a maximum of 13 months.

Any use of cookies that is not absolutely technically necessary constitutes data processing that is only permitted with your explicit and active consent according to Art. 6 (1) p. 1 (a) of the GDPR. This applies in particular to the use of advertising, targeting or sharing cookies. In addition, we will only pass on your personal data processed by cookies to third parties if you have given your express consent to do so per Art. 6 para. 1 p. 1 (a) of the GDPR.

You can configure your browser settings according to your wishes and refuse to accept individual cookies or all cookies. Please note that if you refuse cookies, you may not be able to use all the functions of this website.

(7) Use of our Webshop

1. If you wish to place an order on our webshop, it is necessary for the conclusion of the contract that you provide your personal data, which we need to process your order. Mandatory information required to process contracts is marked separately. Other information is voluntary. We process the data you provide to process your order. For this purpose, we may pass on your payment details to our house bank. The legal basis for this is Art. 6 para. 1 sentence 1 (b) of the GDPR.

2. You can voluntarily create a customer account through which we can save your data for future purchases. When you create an account, the data provided by us will be stored revocably under “My Account”. You can always delete all other data in the customer area, including your user account.

3. We may also process the data you provide to inform you about other interesting products from our portfolio or send you emails with technical information.

4. We are obliged by commercial and tax law to store your address, payment and order data for ten years. However, we restrict processing after two years, i.e., your data will only be used to comply with legal obligations.

5. To prevent unauthorised access by third parties to your personal data, particularly financial data, the ordering process is encrypted using TLS technology.

(8) Use of Google Analytics

1. We create pseudonymous usage profiles with the help of Google Analytics to design our websites in line with demand. Google Analytics uses targeting cookies stored on your terminal device and can be read by us. In this way, we can recognise and count returning visitors and learn how often different users have accessed our web pages. The data processing is based on Art. 6 para. 1 (a) of the GDPR (consent).

2. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, suppose IP anonymisation is activated on this website. In that case, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and only shortened there (for more information on the purpose and scope of data collection, see, e.g., https://policies.google.com/privacy?hl=en&gl=en).

3. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

4. We use Google Analytics to analyse and regularly improve the use of our website. The statistics obtained enable us to improve our offering and make it more interesting for you as a user. Google uses the following cookies when you visit our website and consent to the use of the Google Analytics cookie:

5. You can revoke your consent once given at any time. Please use one of the following options for this purpose:

• You inform us that you wish to withdraw your consent.

• You can prevent the storage of cookies by setting your browser software accordingly. However, we would like to point out that in this case, you may not be able to use all the functions of this website to their full extent.

In addition, you can prevent the collection of the data generated by the cookie and related to your use of our websites (including your IP address) to Google as well as the processing of this data by Google by downloading and installing the browser plug-in available at the following link (https://tools.google.com/dlpage/gaoptout?hl=en).