Privacy

We are very pleased with your interest in our company. Data protection is of particular importance to Kraftverlauf Engineering GmbH & Co. KG. The use of the Kraftverlauf Engineering GmbH & Co. KG website is generally possible without providing any personal data. However, if an individual wishes to use specific services offered by our company through our website, the processing of personal data may be necessary. If the processing of personal data is required and there is no legal basis for such processing, we will generally obtain the consent of the individual concerned.

The processing of personal data, such as name, address, email address, or telephone number of an individual, always occurs in accordance with the General Data Protection Regulation (GDPR) and in compliance with applicable country-specific data protection regulations. Through this privacy policy, our company aims to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, this privacy policy informs individuals about their rights.

Kraftverlauf Engineering GmbH & Co. KG, as the data controller, has implemented numerous technical and organizational measures to ensure the most comprehensive protection of personal data processed through this website. However, internet-based data transmissions can generally have security vulnerabilities, so absolute protection cannot be guaranteed. For this reason, it is at the discretion of each individual to transmit personal data to us through alternative means, such as by phone.

1. Definitions

The privacy policy of Kraftverlauf Engineering GmbH & Co. KG is based on the terminology used by the European legislator when adopting the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easily understandable for the public, as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.

In this privacy policy, we use, among others, the following terms:

a) Personal data

Personal data refers to any information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or one or more specific characteristics expressing the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

b) Data Subject

A data subject is any identified or identifiable natural person whose personal data is processed by the data controller.

c) Processing

Processing is any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, restriction, erasure, or destruction.

d) Restriction of Processing

Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.

e) Profiling

Profiling is any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning work performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements of that natural person.

f) Pseudonymization

Pseudonymization is the processing of personal data in such a way that the data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

The data subject can prevent the setting of cookies through our website at any time by adjusting the settings of the internet browser used and may thus permanently deny the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programs. This is possible in all popular internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, not all functions of our website may be entirely usable. Additional information may need to be stored separately and be subject to technical and organizational measures to ensure that the personal data cannot be linked to an identified or identifiable natural person.

f) Data Controller

The data controller or controller is the natural or legal person, authority, agency, or other body that, alone or jointly with others, determines the purposes and means of processing personal data. If the purposes and means of this processing are determined by Union law or the law of the Member States, the controller or the specific criteria for their nomination may be provided for by Union law or the law of the Member States.

h) Data Processor

A data processor is a natural or legal person, authority, agency, or other body that processes personal data on behalf of the controller.

i) Recipient

Recipient is a natural or legal person, authority, institution, or any other entity to whom personal data is disclosed, regardless of whether it is a third party or not. However, authorities that may receive personal data within the scope of a specific investigative mandate under Union law or the law of the Member States are not considered recipients.

j) Third Party

A third party is a natural or legal person, authority, agency, organization, or other entity other than the data subject, the data controller, the data processor, and the persons who are authorized to process personal data under the direct responsibility of the data controller or data processor.

k) Consent

Consent is any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to them for a particular purpose.

2. Name and Address of the Data Controller

The data controller, as defined by the General Data Protection Regulation (GDPR) and other applicable data protection laws of the European Union member states and other privacy-related regulations, is:

Kraftverlauf Engineering GmbH & Co. KG

c/o The Drivery GmbH

Mariendorfer Damm 1

12099 Berlin

Phone: +49 (0) 175 5554598

Email: info@kraftverlauf.com

Website: www.kraftverlauf.com

3. Cookies

The websites of Kraftverlauf Engineering GmbH & Co. KG use cookies. Cookies are text files that are stored on a computer system via an internet browser.

Many websites and servers use cookies. Many cookies contain a unique identifier called a cookie ID. A cookie ID is a string of characters that allows websites and servers to be associated with the specific internet browser where the cookie was stored. This allows the visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain different cookies. A specific internet browser can be recognized and identified through the unique cookie ID.

By using cookies, Kraftverlauf Engineering GmbH & Co. KG can provide users of this website with more user-friendly services that would not be possible without setting cookies.

Through a cookie, the information and offers on our website can be optimized for the user’s benefit. As mentioned earlier, cookies allow us to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, a user of a website that uses cookies does not have to enter their access credentials every time they visit the website because this information is taken from the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online shop remembers the items a customer has placed in the virtual shopping cart through a cookie.

The data subject can prevent the setting of cookies by our website at any time by adjusting the settings of the internet browser used and may thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programs. This is possible in all popular internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, it may result in some functions of our website not being fully usable.

4. Collection of General Data and Information

The website of Kraftverlauf Engineering GmbH & Co. KG automatically collects a series of general data and information with each visit by a data subject or an automated system. These general data and information are stored in the server’s log files. The following data can be collected: (1) types and versions of browsers used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (known as the referrer), (4) the subpages accessed by an accessing system on our website, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system, and (8) other similar data and information that may be used in the event of attacks on our information technology systems.

Kraftverlauf Engineering GmbH & Co. KG does not draw any conclusions about the data subject when using this general data and information. Instead, this information is needed to (1) correctly deliver the content of our website, (2) optimize the content of our website and its advertising, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyberattack. These anonymously collected data and information are evaluated by Kraftverlauf Engineering GmbH & Co. KG both statistically and with the aim of increasing data protection and data security within our company to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data from the server log files are stored separately from all personal data provided by a data subject.

5. Registration on Our Website

The data subject has the possibility to register on the website of the data controller by providing personal data. The specific personal data to be transmitted to the data controller can be found in the respective input mask used for registration. The personal data entered by the data subject is collected and stored solely for the internal use of the data controller and for the data controller’s own purposes. The data controller may arrange for the transfer to one or more processors, such as a parcel service, who will also use the personal data exclusively for internal purposes that are attributable to the data controller.

By registering on the website of the data controller, the IP address assigned by the internet service provider (ISP) to the data subject, as well as the date and time of registration, are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services and, if necessary, to enable the investigation of committed offenses. Insofar as the storage of this data is necessary for securing the data controller, this data is required. There is no disclosure of this data to third parties unless there is a legal obligation to disclose it or the disclosure serves the purpose of criminal prosecution.

The registration of the data subject, with the voluntary provision of personal data, is intended to enable the data controller to offer the data subject content or services that may only be offered to registered users due to the nature of the matter. Registered persons are free to modify the personal data provided during registration at any time or to have it completely deleted from the data controller’s database.

The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the data controller’s employees are available to the data subject in this regard as contact persons.

6. Contact Option via the Website

The website of Kraftverlauf Engineering GmbH & Co. KG contains information that enables quick electronic contact with our company, including a general email address. If a data subject contacts the data controller via email or a contact form, the personal data provided by the data subject will be automatically stored. Such personal data voluntarily provided by a data subject to the data controller will be stored for the purpose of processing the inquiry or contacting the data subject. There is no disclosure of this personal data to third parties.

7. Routine Erasure and Blocking of Personal Data

The data controller processes and stores personal data of the data subject only for the period necessary to achieve the storage purpose or as required by the European legislator or another legislator in laws or regulations to which the data controller is subject.

Once the storage purpose is achieved or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with legal requirements.

6. Rights of the Data Subject

 If personal data concerning you has been made public by Kraftverlauf Engineering GmbH & Co. KG, and if our company, as the data controller under Article 17(1) of the GDPR, is obliged to erase the personal data, Kraftverlauf Engineering GmbH & Co. KG shall, taking account of available technology and the cost of implementation, take reasonable steps, including technical measures, to inform other data controllers processing the disclosed personal data that you have requested the erasure of any links to, or copy or replication of, those personal data, as long as processing is not required. Our employee will take the necessary measures on a case-by-case basis.

a) Right to Confirmation

Every data subject has the right granted by the European Directive and Regulatory Authority to request confirmation from the data controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right to confirmation, they can contact an employee of the data controller at any time for this purpose.

b) Right to Information

Every data subject affected by the processing of personal data has the right, granted by the European legislator, to obtain from the data controller free information about their personal data stored at any time and a copy of this information. Furthermore, the European legislator has provided the data subject with the following information:

•  The purposes of the processing.

• The categories of personal data concerned.

• The recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organizations.

• Where possible, the envisaged duration for which the personal data will be stored, or, if not possible, the criteria used to determine that duration.

• The existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing.

• The existence of the right to lodge a complaint with a supervisory authority.

• Where the personal data is not collected from the data subject, any available information as to their source.

• The existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, the data subject has the right to be informed about whether personal data has been transferred to a third country or an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards related to the transfer.

If a data subject wishes to exercise this right to information, they can contact an employee of the data controller at any time for this purpose.

c) Right to Rectification

Every individual affected by the processing of personal data has the right, as granted by the European Directive and Regulatory Authority, to request the prompt correction of inaccurate personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary statement.

 If a data subject wishes to exercise this right to rectification, they can contact an employee of the data controller at any time for this purpose.

d) Right to Erasure (Right to Be Forgotten)

Every individual affected by the processing of personal data has the right, as granted by the European Directive and Regulatory Authority, to request the data controller to promptly erase personal data concerning them if one of the following reasons applies and the processing is not necessary:

• The personal data has been collected or otherwise processed for purposes for which they are no longer needed.

• The data subject withdraws their consent on which the processing pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR was based, and there is no other legal ground for the processing.

• The data subject objects to the processing pursuant to Article 21(1) GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.

• The personal data has been unlawfully processed.

• The erasure of personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the data controller is subject.

• The personal data has been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.

If one of the above-mentioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Kraftverlauf Engineering GmbH & Co. KG, they can contact an employee of the data controller at any time for this purpose. The employee of Kraftverlauf Engineering GmbH & Co. KG will arrange for the erasure request to be promptly fulfilled.

e) Right to Restriction of Processing

Every individual affected by the processing of personal data has the right, as granted by the European Directive and Regulatory Authority, to request the data controller to restrict the processing under the following conditions:

• The accuracy of the personal data is contested by the data subject, for a period enabling the data controller to verify the accuracy of the personal data.

• The processing is unlawful, and the data subject opposes the erasure of the personal data and instead requests the restriction of its use.

• The data controller no longer needs the personal data for the purposes of processing, but the data subject requires it for the establishment, exercise, or defense of legal claims.

• The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the data controller override those of the data subject.

If one of the above-mentioned conditions applies, and a data subject wishes to request the restriction of personal data stored by Kraftverlauf Engineering GmbH & Co. KG, they can contact an employee of the data controller at any time for this purpose. The employee of Kraftverlauf Engineering GmbH & Co. KG will arrange for the restriction of processing.

f) Right to Data Portability

Every individual affected by the processing of personal data has the right, as granted by the European Directive and Regulatory Authority, to receive their personal data concerning them, which they have provided to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit those data to another controller without hindrance from the controller to whom the personal data has been provided, where the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR, and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, when exercising their right to data portability under Article 20(1) GDPR, the data subject has the right to have personal data transmitted directly from one controller to another, where technically feasible, and as long as this does not adversely affect the rights and freedoms of others.

To exercise the right to data portability, the data subject can contact an employee of Kraftverlauf Engineering GmbH & Co. KG at any time.

g) Right to Object

Every individual affected by the processing of personal data has the right, as granted by the European Directive and Regulatory Authority, to object to the processing of their personal data at any time for reasons arising from their particular situation, where the processing is based on Article 6(1)(e) or (f) GDPR, including profiling based on these provisions.

Kraftverlauf Engineering GmbH & Co. KG will no longer process the personal data in the event of an objection unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or the processing is necessary for the establishment, exercise, or defense of legal claims.

If Kraftverlauf Engineering GmbH & Co. KG processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of their personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing. If the data subject objects to Kraftverlauf Engineering GmbH & Co. KG processing their personal data for direct marketing purposes, the company will no longer process the personal data for these purposes.

Additionally, the data subject has the right, for reasons arising from their particular situation, to object to the processing of their personal data carried out by Kraftverlauf Engineering GmbH & Co. KG for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

To exercise the right to object, the data subject can directly contact any employee of Kraftverlauf Engineering GmbH & Co. KG or another employee. The data subject is also free to exercise their right to object in connection with the use of information society services, notwithstanding Directive 2002/58/EC, using automated procedures where technical specifications are used.

h) Automated Decisions, Including Profiling

Every individual affected by the processing of personal data has the right, as granted by the European Directive and Regulatory Authority, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them, except where the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the data controller, (2) is authorized by Union or Member State law to which the data controller is subject and which also lays down suitable measures to safeguard the data subject’s rights, freedoms, and legitimate interests, or (3) is based on the data subject’s explicit consent.

If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the data controller or (2) is based on the data subject’s explicit consent, Kraftverlauf Engineering GmbH & Co. KG will implement suitable measures to safeguard the data subject’s rights, freedoms, and legitimate interests, including at least the right to obtain human intervention on the part of the data controller, to express one’s point of view, and to contest the decision.

If a data subject wishes to exercise rights regarding automated decisions, they can contact an employee of the data controller at any time.

h) Right to Withdraw Consent

Every individual affected by the processing of personal data has the right, as granted by the European Directive and Regulatory Authority, to withdraw consent for the processing of personal data at any time. If a data subject wishes to exercise their right to withdraw consent, they can contact an employee of the data controller at any time.

9. Data Protection for Job Applications and in the Application Process

The data controller collects and processes the personal data of job applicants for the purpose of handling the application process. The processing may also be done electronically, especially if an applicant submits application documents electronically, such as via email or through a web form on the website, to the data controller. If the data controller enters into an employment contract with an applicant, the transmitted data will be stored for the purpose of managing the employment relationship in compliance with legal requirements. If no employment contract is concluded between the data controller and the applicant, the application documents will be automatically deleted two months after the decision to reject the application has been communicated, unless there are other legitimate interests of the data controller that prevent deletion. An example of such a legitimate interest could be the need to provide evidence in a proceeding under the General Equal Treatment Act (AGG).

10. Legal Basis for Processing

Article 6(1)(a) of the General Data Protection Regulation (DS-GVO) serves as the legal basis for processing operations where we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, such as in processing operations required for the delivery of goods or the provision of other services or consideration, the processing is based on Article 6(1)(b) DS-GVO. The same applies to processing operations required to carry out pre-contractual measures, such as inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as for fulfilling tax obligations, the processing is based on Article 6(1)(c) DS-GVO. In rare cases, the processing of personal data may be necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company were to be injured and, as a result, their name, age, health insurance data, or other vital information had to be disclosed to a doctor, hospital, or other third parties. In this scenario, the processing would be based on Article 6(1)(d) DS-GVO. Finally, processing operations could be based on Article 6(1)(f) DS-GVO. This legal basis covers processing operations that are not covered by any of the aforementioned legal bases if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided the interests, fundamental rights, and freedoms of the data subject do not outweigh such interest. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. They considered that a legitimate interest could be assumed if the data subject is a customer of the data controller (Recital 47, Sentence 2 DS-GVO).

11. Legitimate Interests Pursued by the Data Controller or a Third Party

If the processing of personal data is based on Article 6(1)(f) DS-GVO, our legitimate interest is the conduct of our business operations for the benefit of the well-being of all our employees and shareholders.

12. Duration for Which Personal Data Will Be Stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After the expiration of the retention period, the corresponding data will be routinely deleted, provided they are no longer necessary for the performance of the contract or for the initiation of a contract.

13. Legal or Contractual Obligations for Providing Personal Data

– Necessity for Contract Conclusion

– Obligation of the Data Subject to Provide Personal Data

– Possible Consequences of Non-Provision

We inform you that the provision of personal data is, in some cases, required by law (e.g., tax regulations) or may result from contractual provisions (e.g., information about the contractual partner).

At times, it may be necessary for the conclusion of a contract that a data subject provides us with personal data that must subsequently be processed by us. For example, the data subject may be obligated to provide us with personal data when our company enters into a contract with them. Non-provision of personal data would result in the contract with the data subject not being able to be concluded.

Before providing personal data, the data subject must contact one of our employees. Our employee will provide the data subject with individual information regarding whether the provision of personal data is required by law or contractually mandated, whether there is an obligation to provide personal data, and what consequences could arise from the non-provision of personal data.

14. Existence of Automated Decision-Making

As a responsible company, we refrain from automated decision-making or profiling.