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  • GKS Handelssysteme GmbH GKS Handelssysteme GmbH

    Privacy policy

    I. Name and Address of the Data controller
    The data controller according to the General Data Protection Regulation and other national data protection laws of member states as well as other data protection provisions is:

    GKS Handelssysteme GmbH
    Lindenbaumstr. 32c
    42659 Solingen
    Germany

    Contact: datenschutz@gksgmbh.de
    Tel.: +49 212 - 380 890
    Fax: +49 212 - 380 89 29

    II. Name and Address of the Data Protection Officer
    The data protection officer of the data controller is:

    Tobias Erdmann
    SICDATA Unternehmensberatung
    Schlachthofstr. 23a
    42651 Solingen, Germany

    III. General Information on Data Processing
    1. Scope of Processing Personal Data
    We generally only collect and use personal data of our users insofar as this is necessary to provide a functional website as well as our contents and services. Personal data of our users is only collected and processed regularly on a contractual basis or with the consent of the user. An exception hereto applies in those cases where obtaining prior consent is not possible for factual reasons and processing the data is permitted by law.

    2. Legal Basis for Processing Personal Data
    Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis.

    If the processing of personal data is required for the fulfilment of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to data processing that is necessary to carry out pre-contractual measures.

    Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.

    If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for processing.

    3. Deletion of Data and Storage Duration
    The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage ceases to apply. Furthermore, data may be stored if this is required by the European or national legislator in EU regulations, laws or other provisions to which the data controller is subject. The data shall also be blocked or deleted if a storage period prescribed by the aforementioned standards expires unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.

    IV. Provision of the Website and Creation of Log Files
    1. Description and Scope of Data Processing
    Every time a user visits our website our system automatically collects data and information from the computer system of the calling computer.

    FThe following data is collected:

    (1) Information about the browser type and 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 accesses our website
    (7) Websites accessed by the user's system via our website

    The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.

    2. Legal Basis for Data Processing
    The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GDPR.

    3. Purpose of Data Processing
    The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this the user’s IP address must remain stored for the duration of the session.

    The storage in log files ensures the functionality of the website. Moreover, the data serves the purpose of optimising our website and ensuring the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

    For these purposes our legitimate interest also lies in the processing of data in accordance with Art. 6 para. 1 lit. f GDPR.

    4. Duration of Storage
    The data is deleted as soon as it is no longer necessary for achieving the purpose it was collected for. If the data is collected for the purpose of providing the website, this occurs when the respective session is terminated.

    If the data is stored in log files, this occurs at the latest after 365 days. Storage beyond this is possible. In this case the IP addresses of the users are deleted or made unrecognisable so that an assignment to the calling client is no longer possible.

    5. Possibility of Objection and Elimination
    The collection of data for the purpose of providing the website is technically essential for the operation of our website. The storage of data in log files is necessary to safeguard our platform. Consequently, there is no possibility of objection on the part of the user.

    V. Use of Cookies
    1. Description and Scope of Data Processing
    Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. If a user visits a website, a cookie may be stored in the user's operating system. This cookie contains a characteristic character string that enables a unique identification of the browser when the website is called up again.

    We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.

    The following data is stored and transmitted in the cookies:

    (1) Language settings
    (2) Articles in a shopping basket
    (3) Log-in information
    (4) Session details such as start of session, last activity


    2. Legal Basis for Data Processing
    The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f GDPR.

    3. Purpose of Data Processing The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. To this end it is necessary for the browser to be recognised even after a page change.

    We require cookies for the following applications:

    (1) Shopping basket
    (2) Applying language settings
    (3) Remembering search terms

    The user data collected by technically necessary cookies is not used to create user profiles.

    For these purposes our legitimate interest also lies in the processing of personal data in accordance with Art. 6 para. 1 lit. f GDPR.

    4. Duration of Storage, Possibility of Objection and Elimination
    Cookies are stored on the user's computer and transmitted to our website from there. Therefore, you as a user also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all the functions of the website.

    VI. Newsletter
    1. Description and Scope of Data Processing
    You can subscribe to a free newsletter on our website. When registering for the newsletter, the data from the input mask is transmitted to us.

    (1) Name
    (2) E-mail address

    The following data is also collected during the registration process:

    (1) IP address of the calling computer
    (2) Date and time of the registration

    We will personalise the newsletter you have subscribed to and also evaluate your user behaviour. For this purpose we use technology that enables us to see if and when an e-mail was opened, which links in the e-mail were followed by the respective recipient and whether further enquiries or orders were triggered by the user via our shopping basket or enquiry systems.

    Your consent is obtained for processing the data within the scope of the registration process and reference is made to this privacy policy.

    The data is not passed on to third parties in connection with data processing for sending newsletters. The data is used exclusively for sending the newsletter.

    2. Legal Basis for Data Processing
    The legal basis for processing the data after registration of a newsletter by the user is Art. 6 para. 1 lit. a GDPR if the user has given his consent.

    3. Purpose of Data Processing
    The purpose of collecting the e-mail address is to send the newsletter.

    The collection of other personal data as part of the registration process serves to prevent misuse of the services or the e-mail address used.

    The evaluation of the concrete use of the newsletter serves the purpose of optimising our newsletter in future and making it more attractive for the addressees.

    4. Duration of Storage
    The data is deleted as soon as it is no longer necessary for achieving the purpose it was collected for. Therefore, the user’s e-mail address is stored for as long as the subscription to the newsletter is active.

    Other personal data collected in the course of the registration process will generally be deleted after a period of 365 days unless this needs to be stored longer according to other legal provisions such as for documenting the conclusion of contracts by sending shopping baskets via the platform.

    5. Possibility of Objection and Elimination
    The subscription to the newsletter can be cancelled by the respective user at any time. There is a corresponding link in each newsletter for this purpose.

    This also allows you to revoke your consent to the storage of personal data collected during the registration process.

    VII. Contact Form and E-mail Contact
    1. Description and Scope of Data Processing
    There are contact forms on our website which can be used for electronic contact. If a user makes use of this possibility, the data entered in the input mask will be transmitted to us and stored. This data is:

    (1) Company name and name
    (2) Address
    (3) Website
    (4) E-mail address
    (5) Telephone number for call-back requests
    (6) Your message

    At the time of sending the message the following data is also stored:

    (1) The user’s IP address
    (2) Date and time of registration
    (3) Date and time of sending your message to us

    Your consent is obtained for processing the data within the scope of the sending process and reference is made to this privacy policy.

    Alternatively, you can contact us via the chat windows and e-mail address provided. In this case, the personal data of the user transmitted with the e-mail is stored.

    In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.

    2. Legal Basis for Data Processing
    The legal basis for processing the data is Art. 6 para. 1 lit. a GDPR if the user has given his consent.

    The legal basis for processing the data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f GDPR. If the e-mail contact aims at the conclusion of a contract, then the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.

    3. Purpose of Data Processing
    The processing of the personal data from the input mask only serves the purpose of establishing contact. In the event of contact by e-mail, this also constitutes the necessary legitimate interest in the processing of the data.

    Any other personal data processed during the sending process serves to prevent misuse of the contact form and to ensure the security of the information technology systems.

    4. Duration of Storage
    The data is deleted as soon as it is no longer necessary to achieve the purpose it was collected for. For personal data from the input mask of the contact form and any data that was sent by e-mail, this is the case when the respective conversation with the user is finished. The conversation is finished when it can be taken from the circumstances that the facts in question have been finally clarified.

    The additional personal data collected during the sending process is deleted after a period of 365 days at the latest.

    5. Possibility of Objection and Elimination
    The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.

    In this case any personal data stored in the course of the contact will be deleted. This shall not apply insofar as we are subject to regulations under tax and commercial law on the storage of such messages. The messages will not be deleted but only kept for the purpose of storage.

    VIII. Registration, Participation in Trading
    1. Description and Scope of Data Processing
    On our website we offer users the possibility to register for the participation on our trading platform. The personal data entered for registration in the input mask will be transmitted to us and stored. The following data is collected during the registration process:

    (1) Names
    (2) Company
    (3) Address
    (4) E-mail address

    At the time of registration the following data is also stored:

    (1) The user’s IP address
    (2) Date and time of registration

    Furthermore, for the same purposes we will also process the data the user voluntarily provides when setting up his account and within the scope of participating in trading on the platforms.

    The data is initially used for providing the respective user account. It is stored in a central user account of the user and can be reviewed, amended and updated at any time.

    For the purpose of providing your user account we will set up a publicly visible profile page on our platform for you where your company and, if you so wish, also your offers can be viewed.

    You have the possibility to add further information to your publicly visible profile in order to enable better accessibility for other users as well as target-oriented recommendations for you.

    For the purpose of invoicing we will also collect and process the payment details of the user, i.e. the bank account details provided by him as well as any other payment and billing details.

    For the purpose of settling costs for using the services we use qualified payment providers to which the payment details are forwarded for certain payment methods for the purpose of debiting the billed amount. This applies in particular if statutory requirements or internationally agreed financial safety standards such as PCI DSS (Payment Card Industry Data Security Standard) should make this necessary.

    In the event a user uses the observation or notification functions for offers within the scope of his user account, his data will be processed in order to send him corresponding status notifications regarding the observed offers.

    Registered users are automatically sent needs-oriented product recommendations or search suggestions. In addition, search results on the platform are prioritised. To this end search results or order details of registered users are evaluated. The data collected in this way is pseudonymised by technical measures. Therefore, an assignment of the data to the calling user is no longer possible. The data is not stored together with any other personal data of the user.

    In addition, the user also has the possibility to actively participate in trading and place offers or initiate or conclude contracts with third parties on the platform.

    For this purpose the user initially has the possibility to exchange messages on the platform in order to post enquiries or submit offers.

    Furthermore, the user has the possibility to conclude contracts with other users. We pass on the user’s personal data required for initiating and executing contracts concluded by us via the platform to the respective contracting party on the platforms. This data relating to enquiries and transactions is also stored in the respective customer account. The same applies for messages exchanged between members which are also stored in the customer account.

    Dispatch, invoice and other data the user enters for a transaction as well as information required for tax as well as customs clearance purposes (e.g. tax number or other identification numbers) as well as relevant dispatch information (such as consignment number and information on consignment tracking) are also stored in the respective customer account and passed on to the contracting party of the transaction.

    For the purpose of prevention, detection, mitigation and investigation of unlawful activities, we will process data on the use of platforms and goods or services offered as well as carried out transactions. This may be the case, for example, if we are made aware of instances of fraud or possibly prohibited or unlawful activities. This also occurs if we are made aware of members involved in transactions and are asked to assist in the clarification of such cases.

    If a user commissions further services, i.e. additional services subject to a fee or advertising services, the aforementioned points shall apply correspondingly.

    2. Legal Basis for Data Processing
    For processing data to the aforementioned extent for the fulfilment of a contract to which the user is a party or the execution of pre-contractual measures Art. 6 para. 1 lit. b GDPR serves as the legal basis.

    3. Purpose of Data Processing
    The user is required to register for the fulfilment of a contract with the user or for the execution of pre-contractual measures.

    We operate an Internet trading platform on which users can conclude binding contracts with third parties. The provision of the platform is a continuing obligation subject to a fee which requires registration.

    A registration on the part of the user is required for making available certain contents and services on our website.

    In order to enable the conclusion of contracts with third parties, contents assigned to a certain user account must be stored on our platform. Therefore, setting up a user account is also required.

    Moreover, the processing of data serves the purpose of providing you with a secure trading environment corresponding to your requirements.

    4. Duration of Storage
    The data is deleted as soon as it is no longer necessary to achieve the purpose it was collected for.

    This is the case for data collected during the registration process for the fulfilment of a contract or execution of pre-contractual measures if the data is no longer required for the fulfilment of the contract. Even after conclusion of the contract it may remain necessary to store personal data of the contracting party in order to meet contractual or statutory requirements.

    If the data is stored by us for the execution of contracts with other users, this data is generally stored for the duration while both users involved in the transaction are registered on our platform.

    5. Possibility of Objection and Elimination
    As a user you may cancel your registration at any time. You can have the stored data relating to you modified at any time.

    If the data is required for the fulfilment of a contract or the execution of pre-contractual measures, a premature deletion of the data is only possible provided there are no contractual or statutory obligations to the contrary.

    X. Use of Google Analytics for Web Analysis
    This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google").

    Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of this website will as a rule be transmitted to and stored by Google on a server in the United States. However, in the case of activating the IP address anonymisation on this website Google will shorten your IP address within member states of the European Union or in other states party to the agreement on the European Economic Area beforehand. Only in exceptional cases may the full IP address be transmitted to a Google server in the USA and shortened there.

    On behalf of the operator of this website Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and Internet use for the website operator. Your IP address transmitted by your browser as part of Google Analytics will not be associated with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, we would like to point out that if you do this, you may not be able to use the full functionality of this website.

    Furthermore, you can prevent the transfer of the data generated by the cookie and the data relating to your use of the website (including your IP address) to Google as well as the processing of this data by Google by downloading and installing the browser plugin under the following link (http://tools.google.com/dlpage/gaoptout?hl=de).

    The storage of Google Analytics cookies is carried out on the basis of Art. 6 para. 1 lit. f GDPR. These are stored for an indefinite period of time provided you do not make use of your opt out possibilities.

    XI. Google Remarketing
    We also use the remarketing or “similar target groups” functions in AdWords of Google Inc. (“Google”). This function enables us to address users who have already visited our website before. In doing so, we can display target-oriented advertising when a user visits a different website on which Google has placed advertisements for our website.

    To carry out these advertising measures Google uses cookies which are stored on the user’s device in order to document the previous visit to our website and can be read by Google for subsequent advertising on other Internet websites.

    This data use is generally carried out by creating pseudonyms. If you have given Google your consent to having your web and app browser history linked to your Google account and information from your Google account used to personalise advertisements, Google will use data of registered users together with the data of Google Analytics to create target group lists for cross-device remarketing purposes. To this end the data of Google Analytics is temporarily linked to the Google account of users to optimise target groups.

    You can deactivate the use of cookies by Google by setting this in the display options (http://www.google.com/settings/ads). The use of cookies by third parties can be deactivated by calling up the deactivation page of the network advertising initiative (http://www.networkadvertising.org/managing/opt_out.asp).

    The storage of Google remarketing cookies is carried out on the basis of Art. 6 para. 1 lit. f GDPR. These are stored for an indefinite period of time provided you do not make use of your opt out possibilities.

    XII. Rights of the Data Subject
    If your personal data is processed, you are a data subject according to GDPR and you have the following rights vis-à-vis the data controller:

    1. Right of Access by the Data Subject
    You can exercise your right of access pursuant to Art. 15 GDPR at any time as to whether personal data relating to you may be processed by us.

    2. Right to Rectification
    You can exercise your right to rectification pursuant to Art. 16 GDPR at any time and request the rectification of inaccurate personal data relating to you.

    3. Right to Restriction of Processing
    You can exercise your right to restriction of processing pursuant to Art. 18 GDPR at any time and request the restriction of processing provided that the legal requirements for this are met.

    4. Right to Erasure
    You can exercise your right to erasure pursuant to Art. 17 GDPR at any time and request the immediate erasure of personal data relating to you if this data is no longer required for the purpose for which it was collected or processed in any other way.

    5. Right to Notification
    You can exercise your right to notification pursuant to Art. 19 GDPR at any time. If you have exercised your right to rectification, erasure of personal data or restriction of processing, we are obliged to notify all recipients to whom any personal data relating to you has been disclosed about this rectification, erasure or restriction of processing unless this proves to be impossible or involves a disproportionate effort. You have the right to be notified of these recipients.

    6. Right to Data Portability
    You can exercise your right to data portability pursuant to Art. 20 GDPR at any time. You have the right to receive the personal data you have provided to us in a structured, commonly used and machine-readable format or to request the transmission thereof to another data controller insofar as this is technically feasible.

    7. Right to Object
    For reasons that arise from your particular situation, you have the right to object at any time to the processing of personal data relating to you that was collected on the basis of Art. 6 para. 1 lit. e or f GDPR. This also applies to profiling based on those provisions.

    The data controller shall no longer process the personal data relating to you unless he can prove compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

    If personal data relating to you is processed for direct advertising purposes, you have the right to object at any time to the processing of personal data relating to you for such advertising purposes, which includes profiling to the extent that it is related to such advertising.

    If you object to the processing for direct advertising purposes, the personal data relating to you shall no longer be processed for such purposes.

    In the context of the use of information society services – regardless of directive 2002/58/EG - you may exercise your right to object by automated means using technical specifications.

    8. Right to Revoke Data Protection Declaration of Consent
    You have the right to revoke your data protection declaration of consent at any time. By revoking your consent the legality of the of the processing carried out on the basis of the consent until revocation shall not be affected.

    9. Right to Lodge a Complaint with a Supervisory Authority
    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 of your habitual residence, place of work or place of the alleged infringement if you are of the opinion that the processing of personal data relating to you infringes the GDPR.

    The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

    As of: 2018/05/23
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