Data protection declaration for customers and suppliers
Kählig Antriebstechnik GmbH
With the following information, we would like to give you an overview of the processing of your data as an employee by us and your rights under the General Data Protection Regulation (Regulation (EU) 2016/679 – “GDPR”) and the Federal Data Protection Act new (“BDSG new”).
1. Responsible person and data protection officer
For the data processing described in this data protection declaration, the responsible party in the sense of the GDPR is
Kählig Antriebstechnik GmbH
You can reach our data protection officer via:
2. Origin of data
In addition, we process personal data that we collect from publicly available sources (such as commercial register, press, internet) or receive from third parties (e.g. credit agencies, business partners). We will refer separately to any collection of personal data from third-party sources.
3. Types of personal data
We only process personal data related to the establishment of the contract or the pre-contractual measures.
Relevant personal data are, in particular, data about you or the person of the company you represent (surname and first name) and other contact data (such as telephone number and email address). Additional data relating to your person (e.g. business interests, profession, industry, position, duties and powers) and other data comparable with the categories mentioned above may be stored if they can be found, for example, on your business card or your signature.
Other data without personal reference concerning the company are, e.g. address, bank details, invoice address and tax number/USt-Id. In addition, this may include contract or order data (e.g. sales data, volumes, planned quantities), data from the fulfilment of our contractual obligations, and information about your company’s financial situation (e.g. creditworthiness data).
The scope of the data processed about a person varies depending on their function towards us, such as the position they hold with the respective business partner.
4. Processing purposes and legal principles
We process personal data for the following purposes based on the following legal grounds:
4.1 In individual cases, we process data because you have expressly consented to this (Art. 6 para. 1 lit. a) GDPR), for example, in the receipt of advertising by electronic email and/ or phone;
4.2 Data processing is carried out for the execution of contracts concluded with you or your employment company or for the execution of pre-contractual measures (Art. 6 para. 1 lit. b) GDPR); this includes in particular:
Purchase and supply contracts (e.g. processing of purchase and sales inquiries, authentication of contractual partners, preparation and signing of contractual documents, execution of purchases and sales, invoicing and processing of purchase price payments;
Service and work contracts as well as other contractual relationships (e.g. processing and reviewing corresponding offers and inquiries; authenticating contractual partners, preparing and signing contractual documents, processing payments; sending information letters);
4.3 Further data processing takes place due to legal requirements (Art. 6 para. 1 lit. c) GDPR): for example, to fulfil tax and other legal control and reporting obligations, as well as audits by tax or other authorities and to comply with legal retention periods;
4.4 In addition, we process your data to protect our legitimate interests (Art. 6 (1) f) GDPR), namely for the following purposes:
- Optimal contact support/relationship, also concerning the employees of our business partners;
- Optimization of our business processes, e.g. by maintaining a supplier or prospect database, also within the framework of “customer relationship management”;
- Centralization or outsourcing of corporate functions;
- Mitigating default risks in our business processes by consulting credit agencies (e.g. Creditreform, Bürgel), using trade credit insurance, and determining score values (profiling), which help us to assess the likelihood of contractual partners meeting their payment obligations under the contract based on a recognized mathematical-statistical procedure;
- Assertion and defence of legal claims; Market research purposes.
5. Recipients of personal data
Under certain circumstances (beyond the cases already mentioned above), your data will be passed on for the purposes mentioned above in detail:
5.1 If it is necessary to clarify or prosecute illegal or abusive incidents, personal data will be forwarded to our legal advisors, law enforcement authorities and, if applicable, to injured third parties. However, this only happens if there are concrete indications of unlawful or abusive behaviour. A transfer may also occur if this enforces contractual provisions between us and our contractual and business partners.
5.2 We are legally obligated to provide information to certain public authorities upon request. These are primarily law enforcement agencies, authorities that prosecute administrative offences subject to fines and the tax authorities.
5.3 If it is necessary for the processing of your inquiry or the conclusion or implementation of a contractual or business relationship with you, as well as in the case of centralized or outsourced corporate functions, we may pass on your data to our sales partners for the fulfilment of the purposes mentioned above.
5.6 Under certain circumstances, an order processor may process your personal data on our behalf. This applies, for example, to our external telephone service. If we receive your call outside our business hours or during another absence, the call will be answered by our external service centre. The caller’s data and request will then be transmitted to the appropriate person in our company by email.
6. Processing time
We process your data for the duration of your employment with one of our business partners but no longer than until the final termination of the respective business relationship between us and your employment company. We delete transaction-related information (e.g. relating to a specific contractual or order relationship) after the end of the respective transaction, e.g. fulfilment of a supply contract, with a period of three years after the end of the individual calendar year, unless these are subject to longer statutory retention obligations (e.g. the six or ten-year retention period according to § 257 of the German Commercial Code); in such a case, the data concerned will be blocked for any further processing.
7. Rights of data subjects
7.1 You can obtain information about your stored personal data at any time. If the respective requirements are met, you are also entitled to the following rights:
- Right to rectification: You have a right to rectification of incorrect personal data concerning you.
- Right to erasure: You may also request the erasure of your data, for example, if it is no longer necessary for the purposes for which it was collected or otherwise processed.
- Right to restriction of processing: You also have the right to request the restriction of processing your personal data; in such a case, the data will be blocked for any processing. This right exists in particular if the accuracy of the personal data is disputed between you and us.
- Right to data portability: if we process your data for the performance of a contract with you or based on your consent, you also have the right to receive your data in a structured, common and machine-readable format, if and to the extent that you have provided us with the data.
- Right to revoke consent: If you have given us consent to process your data, you may revoke this consent at any time. The revocation of consent does not affect the lawfulness of the processing carried out based on the consent until the cancellation.
- You may also object to data processing for reasons arising from your situation. However, this only applies in cases where we are processing data to fulfil a legitimate interest. If you can present such a reason and we cannot assert a compelling claim worthy of protection in further processing, we will not further process this data for the respective purpose.
7.2 Should you wish to receive information about the data stored about you, assert your other rights or have questions about data protection with us, you can contact us using the above contact details.
7.3 You also have the right to file a complaint with a supervisory authority at any time, in particular with a supervisory authority in the member state of your residence, workplace or the place of the alleged violation, if you believe that the processing of personal data concerning you infringes data protection provisions.
8. Status and change of this declaration on data protection
The status of this data protection declaration is 09/19/2023.
Our company’s further development may also affect personal data handling. Therefore, we reserve the right to amend this data protection declaration within the framework of the applicable data protection laws and, if necessary, adapt it to changed data processing realities. We will notify you separately of any significant changes to the content.