Which data categories does Kinetics Germany GmbH use when conducting business relationships?:
The types of personal data of our customers/business partners/contractors/suppliers which are processed include, in particular, master data (first name, surname, function, identity of the company) and the contact details (business address, telephone numbers, fax number and e-mail address) of the contact person, fitter, site manager, etc. responsible for us. In addition, we process the agreements made within the framework of the contractual relationship (communication history, contractual agreements, prices, negotiated goods, services, order history and associated offers and orders). The personal data of you or your employees is generally collected directly from you personally during the offer or contract conclusion phase or during the purchasing business relationship, or is communicated by your employer (who maintains a business relationship with Kinetics Germany GmbH) as part of the business relationship for its implementation. The data on the history of the business relationship (communication, contract details, etc.) is generated as part of the joint business relationship and is stored in our Customer Relationship Management (CRM) system. In certain constellations, due to legal regulations, this personal data is also collected from other bodies. This includes, in particular, event-driven queries from credit agencies regarding economic reliability. In most cases, however, this information only relates to the company with which Kinetics Germany GmbH maintains a contractual relationship and not to natural persons, unless you are our direct business partner and act and trade under your own name (e.g. as a registered merchant or as a natural person for their own account).
For what purposes and on what legal basis is data processed?:
Kinetics Germany GmbH only processes your data if permitted or even obliged to do so by law, or if you have voluntarily given your express consent to data processing.
Data processing for the implementation of contracts: If you, as a natural person, are our client or contractor (e.g. subcontractor, service provider or supplier), we collect and process your data specified above exclusively for the purposes of contract initiation (e.g. in the context of preparing offers or invitations to tender) and fulfilling the contract (e.g. for the provision of services or billing of services). In this case, the legal basis is Art. 6 (1) b) of the EU General Data Protection Regulation (GDPR).
Data processing based on a legitimate interest: If you are an employee of one of our client companies (our customer companies) or contractors (service providers, subcontractors or suppliers), we also collect and process your business data specified above exclusively also for the purposes of initiating and fulfilling the contract with your employer. We process your data on the basis of our legitimate interest in contacting you and fulfilling the contract with you as your employer’s representative. In this case, the legal basis is Art. 6 (1) f) GDPR.
When carrying out qualified activities, it may also be necessary for us to provide our customers with your proof of qualifications for these activities. These include, for example, qualifications for welding activities or testing activities. The legitimate interest on our part lies in the fulfilment of the contract with the customers. You have the option of objecting to this. Please contact the Data Protection Officer for this.
Data processing based on your consent: In addition, the processing of your personal data may be based on voluntary consent given by you within the meaning of Article 6 (1) a) GDPR. For example, e-mail newsletters with information about our services and our company will only be sent to you if you have given us your express consent in advance.
In addition, we also save information about you that is not absolutely necessary (e.g. a date of birth) only in the event of your consent, in order to be able to congratulate you on your birthday. Under no circumstances will we pass on your data to unauthorised third parties.
Are you obliged to provide your data?: Within the framework of the fulfilment of the contract pursuant to Art. 6 (1) b) GDPR with you directly as a contractual partner, or data processing pursuant to Art. 6 (1) f) GDPR due to your function as our contact person at one of our customers or our service providers and suppliers, we only process business data of yours that is absolutely necessary for us to be able to fulfil the underlying order and customer relationships.
Without this data, making contact or even a contractual relationship is not possible. Of course, this does not include data processing that is based solely on your consent. This data processing is always voluntary. You can revoke your consent once given at any time with future effect.
Who receives your data?: Within Kinetics Germany GmbH, only those persons and bodies who require your personal data to fulfil our contractual and legal obligations or to safeguard our legitimate interests receive your personal data. Outside our group of companies, only those persons and bodies that we involve in order to fulfil our contractual and legal obligations or to safeguard our legitimate interests (e.g. authorities, subcontractors, customers) receive your personal data. Insofar as necessary, corresponding contractual agreements on order processing will of course be concluded pursuant to Art. 28 GDPR.
Is your data transferred to a third country?: If we transfer personal data to data recipients outside the European Economic Area (EEA), the transfer will only take place insofar as the third country has been confirmed by the EU Commission to have an adequate level of data protection, an appropriate level of data protection has been agreed with the data recipient (e.g. by means of EU standard contractual clauses) or you have given us your consent to this.
How long will your data be stored?: Your personal data will be stored for as long as this is necessary to implement the underlying fulfilment of the contract and the fulfilment of a legal obligation of the responsible party does not prevent deletion (e.g. legal proof and retention obligations under the German Commercial Code and the German Fiscal Code). In individual cases, your personal data may also be stored (e.g. in the case of court/authority proceedings).
What data protection rights can you assert as a data subject?: According to Article 15 (1) of the GDPR, you have to right to receive information upon request at no charge about the personal data stored Kinetics Germany GmbH about you. If the legal prerequisites are met, you in addition have a right to correct (Art. 16, GDPR), delete (Art. 17, GDPR) and limit the processing (Art. 18, GDPR) of your personal data. If the processing of data is based on Art. 6 para. 1 e) or f) of the GDPR, you have a right to objection in accordance with Art. 21, GDPR. Insofar as you object to a processing of data, this will not happen in future unless the responsible party can verify compelling legitimate reasons for further processing that overrides the interests of the party concerned in the objection. If you yourself have provided the processed data, you have a right to data transfer in accordance with Art. 20, GDPR. If the processing of data is based on a consent in accordance with Art. 6 para. 1 a) or Art. 9 para 2 a) of the GDPR, you can revoke the consent at any time with future effect without affecting the legality of the previous processing. In the previously mentioned cases, if you have any further questions or in the event of complaints, please contact the data protection officer in writing or by email. In addition, you have a right to appeal to a data protection supervisory authority. The data protection supervisory authority of the federal state in which you live or in which the responsible party has its registered office is responsible for this.
Who is responsible for data processing?:
This is Kinetics Germany GmbH with which you yourself or your employer maintain a business relationship as a customer, supplier, subcontractor or service provider.
You can reach the responsible data protection officer under the following data:
Kinetics Germany GmbH/To the Data Protection Officer
Am Dillhof 5 / D – 63863 Eschau-Hobbach
Telephone +49 (0)9374 9722 138
Who can you contact for processes with parties jointly responsible for the processing?: In the event of joint responsibility for individual processes in accordance with Art. 26 GDPR, you should always primarily contact the contact person of Kinetics Germany GmbH named to you or the data protection officer of Kinetics Germany GmbH if you have any questions in this regard.
For more information:
If this data protection notice is updated, you will be informed separately in a suitable manner.