Datenschutzerklärung und Betroffeneninformation gem. Art. 13, 14 DSGVO

I.    Definitions

This data protection declaration is based on terms used by the European Directive and Ordinance Maker when adopting the General Data Protection Regulation (DSGVO). In order to ensure that this declaration is comprehensible, we explain the terms used in advance. Insofar as you will find references to legal regulations below without the exact name of the respective law, the DSGVO is meant.

1. Personal data

"Personal data" means any information relating to an identified or identifiable natural person (hereinafter "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 to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

2. Data controller

"Controller" means the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law.

3. Processing

"Processing" means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

4. Third party

"Third party" means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or the processor.

5. Consent

"Consent" means any freely given specific, informed and unambiguous indication of the data subject's wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.

II. Contact details of the data controller and data protection officer

The responsible party within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:

Kartoffel Centrum Bayern GmbH
Mittelstetter Str. 42, 86641 Rain am Lech, Germany

Mail: kcb@rwz.de
Phone: +49 9090 / 96 04-0

You can reach our data protection officer at:

Kartoffel Centrum Bayern GmbH
Data protection officer

Mittelstetter Str. 42, 86641 Rain am Lech, Germany

Mail: kcb@rwz.de

III General information on data processing

1. Scope of the processing of personal data

As a matter of principle, we process personal data of our users only insofar as this is necessary for the provision of a functional website as well as our contents and services. The processing of personal data of our users is regularly only carried out with the consent of the user. An exception applies in those cases in which it is not possible to obtain prior consent for actual reasons and the processing of the data is permitted by legal regulations.

2. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing operations of personal data, Art. 6 (1) lit. a DSGVO serves as the legal basis.

When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) lit. b DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.

Insofar as the processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject, Art. 6 (1) c DSGVO serves as the legal basis.

In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) (d) DSGVO serves as the legal basis.

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

3. Data deletion and storage period

The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. Storage may take place beyond this if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a necessity for the continued storage of the data for the conclusion or fulfilment of a contract.

IV.    Visiting our website, server data and log files

1. Description and scope of data processing

Each time our website is accessed, our system or our web space provider One.com automatically collects data and information from the computer system of the accessing computer. The following data is collected, among others: Browser type and browser version, host name of the accessing computer, date and time of access, IP address of the user, referrer URL, operating system of the user.

2. Legal basis for data processing

The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 lit. f DSGVO.

3. Purpose of the data processing

The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session.

The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

These purposes are also our legitimate interest in data processing according to Art. 6 Para. 1 lit. f DSGVO.

4. Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of storage of data in log files, this is the case after two months at the latest.

5. Possibility of objection and elimination

The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility for the user to object.

V.   Cookies and analysis services

1. General information on the use of cookies

We use cookies on our website. These are text files that are stored in the Internet browser or by the Internet browser on your end device (e.g. computer, tablet, smartphone, etc.) when you visit our website. These cookies contain characteristic character strings that enable the internet browser to be uniquely identified when the website is called up again.

We use cookies to make our website more user-friendly. These cookies enable us to automatically recognise that you have already been with us, e.g. as a logged-in user, when you visit our site again. If data is transferred to the USA, an appropriate level of data protection is also guaranteed there through the use of standard contractual clauses recognised by the EU Commission. These cookies are automatically deleted after a defined period of time. The data processed in this way is necessary for the aforementioned purposes to protect our legitimate interests and those of third parties in accordance with Art. 6 (1) sentence 1 lit. f DSGVO.

You can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time using an internet browser or other software programmes. This is possible in all common internet browsers. If you deactivate the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.

If you have consented to the use of cookies on our website, you can revoke your consent at any time and prevent the use of the cookies described above by clicking [here] and making the desired settings.

2. Use of Google Analytics 

We use Google Analytics, a web tracking service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, D04 E5W5, Ireland ("Google"), to tailor our websites to your needs. The purpose of our use of the tool is to enable the analysis of your user interactions on websites and in apps and to improve our offer through the statistics and reports obtained and to make it more interesting for you as a user.

We primarily record the interactions between you as a user of the website and our website with the help of cookies, data on the device/browser, IP addresses and website or app activities. Google Analytics also collects your IP addresses to ensure the security of the service and to provide us, as the website operator, with information about which country, region or location the respective user comes from (so-called "IP location determination"). For your protection, however, we naturally use the anonymisation function ("IP masking"), i.e. Google truncates the IP addresses by the last octet within the EU/EEA.

Google acts as an order processor and we have concluded a corresponding contract with Google. The information generated by the cookie and the (usually shortened) IP addresses about your use of this website are usually transferred to a Google server in the USA and processed there. For these cases, Google has, according to its own statements, imposed a standard on itself that corresponds to the former EU-US Privacy Shield and has promised to comply with applicable data protection laws in the international transfer of data. We have also agreed so-called standard contractual clauses with Google, the purpose of which is to ensure compliance with an appropriate level of data protection in the third country.

When you visit our website and consent to the use of cookies by Google Analytics, Google sets the following cookies: [INSERT COOKIES].

The legal basis for the collection and further processing of the information - which takes place for a maximum of 14 months - is your given consent, Art. 6 para. 1 p. 1 lit. a DSGVO.

Revocation of your consent is possible at any time without affecting the permissibility of the processing until revocation. In apps, you can reset the advertising ID under the Android or iOS settings. The easiest way to revoke your consent is to use our Consent Manager [HERE] or to install the Google browser add-on, which can be accessed via the following link: tools.google.com/dlpage/gaoptout?hl=en/.

More detailed information on the scope of services provided by Google Analytics is available at marketingplatform.google.com/about/analytics/terms/de/. Google provides information on data processing when using Google Analytics at the following link: support.google.com/analytics/answer/6004245?hl=en/.

General information on data processing, which according to Google should also apply to Google Analytics, can be found in Google's privacy policy at www.google.de/intl/de/policies/privacy/.

3. Google Adwords Conversions

We use Google Adwords of the provider Google Ireland Limited, Gordon House Barrow Street Dublin 4, Ireland (hereinafter: Google), in order to draw attention to our offers with the help of advertising media (so-called Google Adwords) on external websites. We can determine how successful the individual advertising measures are in relation to the data of the advertising campaigns. In this way, we pursue the interest of showing you advertising that is of interest to you, of making our website more interesting for you and of achieving a fair calculation of advertising costs.

These advertisements are delivered by Google via so-called "ad servers". For this purpose, we use ad server cookies, which can be used to measure certain parameters for measuring success, such as the display of the ads or clicks by users. If you access our website via a Google ad, Google Adwords will store a cookie on your computer. The unique cookie ID, the number of ad impressions per placement (frequency), the last impression (relevant for post-view conversions) and opt-out information (marking that the user no longer wishes to be addressed) are usually stored as analysis values for this cookie.

The ad server cookies usually lose their validity after 30 days and are not intended to identify you personally.

We ourselves do not collect or process any personal data in the aforementioned advertising measures. We only receive statistical evaluations from Google. These evaluations enable us to identify which of the advertising measures used are particularly effective. We do not receive any further data from the use of the advertising media; in particular, we cannot identify users on the basis of this information.

The legal basis for the collection and further processing of the data is your consent, Art. 6 para. 1 p. 1 lit. a DSGVO. You can revoke your consent at any time without affecting the permissibility of the processing until revocation. The easiest way to revoke your consent is to use our Consent Manager [HERE].

Current information on the General Data Protection Regulation (GDPR) and how Google specifically protects and processes your data can be found at policies.google.com/privacy and privacy.google.com/businesses/adsservices/. To revoke on all domains of the processing company safety.google/privacy/privacy-controls/

4. Google Tag Manager

This website uses the Google Tag Manager. The tag management is used to manage the use of tools on our website. The service provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. With the help of the Tag Manager, we can manage so-called website tags via an interface and integrate other services into our online offer. The Tag Manager itself does not create user profiles or store cookies. By means of the tag, it is possible to determine which tools are to be used for this website. At most, a tracking tool can be specifically controlled via the tag management so that these tools are not used arbitrarily. Google privacy policy: policies.google.com/privacy.

6. Other third party services

Within our website, in order to optimise our internet presence, we continue to use offers from third-party providers in order to integrate their content and services, e.g. map services, into our website (hereinafter uniformly referred to as "services"). This integration requires that the providers of these services process your IP address. Because this cannot be prevented technically, the processing of the IP address is thus necessary for the use and realisation of the Services. We always endeavour to use only those services whose respective providers only process the IP address for the direct provision of the services. Third-party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. Through the "web beacons", various information, e.g. the visit to our website, can be examined and evaluated. In addition, information can be stored in pseudonymised form in cookies on your end device, whereby technical information on your browser and operating system used, linked websites, time of visit and other details on the use of our website can be processed.

The legal basis for this processing of the transmitted data is Art. 6 para. 1 lit. a DSGVO. The services used, if any, are:

Google Maps

(1) On this website, we use the Google Maps service. This allows us to show you interactive maps directly on the website and enables you to use the map function conveniently. The legal basis for the use of the maps is Art. 6 para. 1 p. 1 lit. a DS-GVO, i.e. the integration only takes place after your consent.

(2) By visiting the website, Google receives the information that you have called up the corresponding sub-page of our website. In addition, the above-mentioned basic data such as IP address and timestamp are transmitted. This takes place regardless of whether Google provides a user account via which you are logged in or whether no user account exists. If you are logged in to Google, your data will be directly assigned to your account. If you do not wish your data to be associated with your Google profile, you must log out before activating the button. Google stores your data as usage profiles and uses them for the purposes of advertising, market research and/or the needs-based design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, and you must contact Google to exercise this right.

(3) The information collected is stored on Google servers, including in the USA. For these cases, the provider has, according to its own information, imposed a standard on itself that corresponds to the former EU-US Privacy Shield and has promised to comply with applicable data protection laws in the international transfer of data. We have also agreed so-called standard data protection clauses with Google, the purpose of which is to ensure compliance with an appropriate level of data protection in the third country.

(4) For further information on the purpose and scope of data collection and its processing by the plug-in provider, please refer to the provider's privacy policy. There you will also find further information on your rights in this regard and setting options for protecting your privacy: www.google.de/intl/de/policies/privacy.

VI. Contacting us

If you contact us (e.g. by e-mail, contact form or telephone), your personal data will be processed in order to handle the contact request and its processing.

The legal basis for this processing of the transmitted personal data is Art. 6 para. 1 lit. b DSGVO. Insofar as health data are concerned, Art. 6 para. 1 lit. b DSGVO in conjunction with Art. 9 para. 2 lit. h DSGVO and § 22 para. 1 no. 1 lit. b. Federal Data Protection Act the legal basis.

We delete this data as soon as it is no longer required to achieve the purpose for which it was collected, i.e. regularly when the respective conversation with you has ended. The conversation is ended when the matter in question has been finally clarified. Otherwise, the statutory retention periods apply.

VII. Order enquiries and participation in competitions 

On our website you have the opportunity to make various purchase enquiries online.

In addition, you regularly have the opportunity to participate in competitions. 

We process the personal data you provide for this purpose exclusively in order to process your enquiry, to carry out competitions, to clarify enquiries and to fulfil our contractual obligations. The legal basis is Art. 6 para. 1 sentence 1 lit. b) DSGVO. We delete this data as soon as it is no longer required to achieve the purpose for which it was collected. Otherwise, the statutory retention periods apply.

VIII.    Your rights as a data subject

If your personal data is processed, you are a data subject within the meaning of the GDPR. You are therefore entitled to the following rights vis-à-vis the controller, i.e. us:

1. Right to information

You have the right to request confirmation as to whether data in question is being processed and to be informed about this data and to receive further information and a copy of the data, Art. 15 DSGVO.

2. Right to rectification

You have the right to request that data concerning you be completed or that inaccurate data concerning you be corrected, Art. 16 DSGVO.

3. Right to erasure

You have the right to request that data concerning you be erased without delay, Art. 17 DSGVO.

4. Right to restriction of processing

Under the conditions specified in more detail in Art. 18 DSGVO, you can demand a restriction of the processing of the data.

5. Right to object

You may object to the future processing of data concerning you at any time, Art. 21 DSGVO. The objection can be made in particular against processing for direct marketing purposes.

6. Right of revocation

You have the right to revoke your declaration of consent under data protection law at any time with effect for the future, Art. 7 (3) DSGVO. The revocation does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

7. Right to information

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed of these recipients by the controller.

8. Right to data portability

You have the right to request to receive the data relating to you that you have provided to us and to request its transfer to other data controllers, Art. 20 DSGVO.

9. Right of appeal

You have the right to lodge a complaint with the competent supervisory authority, Art. 77 DSGVO.