We are very pleased with your interest in our company. Data protection enjoys a very high priority among the management of KÖHL GmbH. In principle, it is possible to use the websites of KÖHL GmbH without any provision of personal data. However, if a data subject would like to use our company's particular services through our website, personal data processing may be required. If the processing of personal data is necessary, and there is no legal basis for such processing, we generally seek the consent of the data subject.
KÖHL GmbH, as controller, has implemented numerous technical and organisational measures to ensure the most complete protection possible for personal data processed via this website. Nevertheless, in principle, Internet-based data transmissions can have security holes, such that absolute protection cannot be guaranteed. For this reason, every data subject is free to submit personal data to us in alternative ways, for example by telephone.
- 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.
- Data subject
A "data subject" is any identified or identifiable natural person whose personal data is processed by the controller.
"Processing" means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- Restriction of processing
"Restriction of processing" means the marking of stored personal data with the aim of limiting their processing in the future.
"Profiling" means 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 analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
"Pseudonymisation" means the processing of personal data in such a manner that the personal 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 organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
- Controller or officer responsible for processing
"Controller" or "officer responsible for processing" 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 nomination may be provided for by Union or Member State law.
"Processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
"Recipient" means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
- Third party
"Third party" means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
"Consent" of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and address of the controller
The person responsible within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of the nature of data protection law is the following:
Tel.: +49 6074 928-0
3. Name and address of the data protection officer
The data protection officer of the controller is:
Ms. Nancy Malikov
Tel.: +49 6074 928-0
At any time, any data subject may contact our data protection officer with any questions or suggestions regarding data protection.
The websites of KÖHL GmbH employ cookies. Cookies are text files that are stored and saved on a computer system via an Internet browser.
By using cookies, KÖHL GmbH can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.
At any time, the data subject can prevent the setting of cookies through our website by means of a corresponding adjustment of the Internet browser used, and thus can permanently object to the setting of cookies. Furthermore, cookies that have already been set can be erased at any time via an Internet browser or other software programmes. This is possible in all common Internet browsers. If the data subject disables the setting of cookies in the Internet browser used, all functions of our website may not be fully usable under certain circumstances.
5. Collection of general data and information
KÖHL GmbH's website collects a series of general data and information each time the website is accessed by a data subject or an automated system. Such general data and information is stored in the log files of the server. The following can be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system arrives at our website (so-called "referrers"), (4) the sub-websites that are controlled via 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 used for hazard prevention in the event of attacks on our information technology systems.
When using such general data and information, KÖHL GmbH does not draw conclusions regarding the data subject. Rather, such information is required to (1) correctly deliver the contents of our website, (2) optimise the content of our website and to advertise it, (3) ensure the continued functioning of our information technology systems and the technology of our website and ( 4) provide law enforcement authorities with the information necessary for law enforcement in the event of a cyberattack. KÖHL GmbH evaluates such anonymously collected data and information, on the one hand, statistically and, further, with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data that we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
6. Contact via the website
Based on statutory provisions, KÖHL GmbH's website contains information that enables rapid electronic contact with our company along with direct communication with us, which also includes a general address of so-called electronic mail (e-mail address). If a data subject contacts the data controller by e-mail or through a contact form, the personal data provided by the data subject will be automatically stored. Such personal data, voluntarily transmitted by a data subject to the controller, is stored for the purpose of processing or contacting the data subject. If necessary, these data will be forwarded to our specialized trade for the execution of pre-contractual measures. In addition, there is no disclosure of this personal data to third parties.
User surveys / customer feedback:
This website uses software programmed by KÖHL GmbH for customer surveys. Website evaluations, as well as your feedback, can be queried. The opinions and suggestions of our customers are important components for improving our website. Only anonymous information is processed and there is no way to draw conclusions regarding the sender. At no time will personal or personal data be transmitted. The survey can be displayed on the website via an active feedback query. You can reject this query or cancel it at any time. The answers will not be sent until you have completed the survey.
This site uses SSL encryption for security reasons and to protect the transmission of sensitive content, such as the requests you send to us as the site operator. You can recognise an encrypted connection by changing the address line of the browser from "http://" to "https://" and the lock symbol in your browser line. If SSL encryption is enabled, the data you submit to us cannot be read by third parties.
7. Routine erasure and blocking of personal data
The controller shall process and store personal data of the data subject only for the period of time necessary to achieve the purpose of the storage or to the extent that this has been provided by the European directive and regulatory authority or by any other legislator in laws or regulations to which the controller is subject.
If the purpose of storage is rendered inapplicable or if a period of storage prescribed by the European directive and regulatory authority or any other relevant legislator expires, the personal data is routinely blocked or erased in accordance with the statutory provisions.
8. Rights of the data subject
- a) Right to confirmation
Each data subject shall have the right granted by the European directive and regulatory authority to obtain from the controller confirmation as to whether personal data relating to him or her is being processed. If a data subject would like to make use of this right to confirmation, he or she may contact an employee of the controller at any time.
- b) Right to disclosure
Any person affected by the processing of personal data shall have the right, granted by the European directive and regulatory authority, at any time to obtain from the data controller disclosure free of charge regarding the personal data stored about him or her and a copy of such disclosure. Furthermore, the European directive and regulatory authority has provided the data subject with disclosure regarding the following information:
- the purposes of the processing
- the categories of personal data concerned
- the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
- 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 right to lodge a complaint with a supervisory authority
- where the personal data are 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) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject
If a data subject would like to exercise this right to disclosure, he or she may contact an employee of the controller at any time.
- c) Right to rectification
Any person affected by the processing of personal data shall have the right, granted by the European directive and regulatory authority, to demand the rectification of inaccurate personal data concerning him or her without delay. Furthermore, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement, taking into account the purposes of the processing.
If a data subject would like to exercise this right to rectification, he or she may contact an employee of the controller at any time.
- d) Right to erasure (right to be forgotten)
Any person affected by the processing of personal data shall have the right, granted by the European directive and regulatory authority, to obtain from the controller the erasure of personal data concerning him or her without undue delay, where one of the following grounds applies and the processing is not required:
- the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- the data subject withdraws consent on which the processing is based according to point (a) of Art. 6 (1) of the GDPR, or point (a) of Art. 9(2) of the GDPR, and where there is no other legal ground for the processing.
- the data subject objects to the processing pursuant to Art. 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) of the GDPR.
- the personal data have been unlawfully processed.
- the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- the personal data have been collected in relation to the offer of information society services referred to in Art. 8(1) of the GDPR.
- If personal data have been made public by KÖHL GmbH and if our company is responsible for erasing the personal data as the controller pursuant to Art. 17 (1) of the GDPR, KÖHL GmbH shall take appropriate measures (including those of technical nature), taking into account the available technology and the implementation costs, to inform other persons responsible for data processing who process the published personal data that the data subject has requested from such other persons responsible for data processing the erasure of all links to such personal data or copies or replications of such personal data, to the extent that processing is not required. An employee of KÖHL GmbH will arrange for the the necessary actions in individual cases.
- e) Right to restriction of processing
Any person affected by the processing of personal data shall have the right, granted by the European directive and regulatory authority, to obtain from the controller restriction of processing where one of the following applies:
- 1. the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- 2. the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
- 3. the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- 4. the data subject has objected to processing pursuant to Art. 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
- f) Right to data portability
- Any person affected by the processing of personal data shall have the right, granted by the European directive and regulatory authority, to obtain the personal data concerning him or her which he or she has provided to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transfer such data to another controller without hindrance from the controller to which the personal data have been provided, provided that the processing is based on consent pursuant to point (a) of Art. 6(1) of the GDPR or point (a) of Art. 9(2) of the GDPR or on a contract pursuant to point (b) of Art. 6(1) of the GDPR, and the processing is carried out by automated means, unless the processing is 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, in exercising their right to data portability under Art. 20(1) of the GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, to the extent that this is technically feasible and provided that it does not adversely affect the rights and freedoms of others. In order to assert the right to data portability, the data subject may contact an employee of KÖHL GmbH at any time.
- g) Right to object
- Any person affected by the processing of personal data shall have the right, granted by the European directive and regulatory authority, at any time, for reasons arising from its particular situation, to object to the processing of personal data relating to him or her that takes place on the basis of points (e) or (f) of Art. 6 (1) of the GDPR. This also applies to profiling based on such provisions.
- KÖHL GmbH shall no longer process personal data in the event of an objection, unless we demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
- If KÖHL GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data for the purpose of such marketing. This also applies to the profiling, to the extent that it is related to such direct marketing. If the data subject objects to processing by KÖHL GmbH for direct marketing purposes, KÖHL GmbH shall no longer process personal data for such purposes.
- In addition, where KÖHL GmbH uses personal data for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) GDPR, the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
- To exercise the right to object, the data subject may directly contact any employee of KÖHL GmbH or another employee. The data subject is also free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise his or her right to object by automated means using technical specifications.
- h) Automated individual decision-making, including profiling Any person affected by the processing of personal data shall have the right, 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 him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or performance of, a contract between the data subject and a data controller, or (2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is based on the data subject's explicit consent.
If the decision (1) is required for the conclusion or the fulfilment of a contract between the data subject and the controller or (2) it takes place with the express consent of the data subject, KÖHL GmbH shall take appropriate measures to protect the rights and freedoms and the justified interests of the data subject, including, at a minimum, the right to obtain the intervention of a person on the part of the controller, to express his or her own position and to contest the decision.
If the data subject would like to assert rights with regarding to automated decision-making, he or she may contact an employee of the controller at any time. i) Right to revoke consent under data protection law Any person affected by the processing of personal data shall have the right, granted by the European directive and regulatory authority, to revoke his or her consent to the processing of personal data at any time. If the data subject would like to assert his her right to withdraw consent, he or she may contact an employee of the controller at any time.
9. Privacy provisions for the deployment and use of Google Analytics (with anonymisation function) The controller has integrated the Google Analytics component on this website (with anonymisation function).
Google Analytics is a web analysis service. Web analysis is the gathering, collection and evaluation of data regarding the behaviour of visitors to websites. Among other things, a web analysis service collects data regarding the website from which a data subject has come to a website (so-called "referrers"), which subpages of the website were accessed or how often and for what length of stay a subpage was viewed. A web analysis is mainly used to optimise a website and to general cost-benefit analyses for Internet advertising.
The operating company of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
We have concluded an agreement for contract data processing with Google and fully implement the strict requirements of the German data protection authorities when using Google Analytics.
This website uses the "demographic characteristics" function of Google Analytics. As a result, reports that contain statements regarding the age, gender and interests of site visitors can be produced. Such data is derived from interest-based advertising of Google and visitor data of third-party providers. Such data cannot be assigned to a specific person. You can disable this function at any time through the display preferences in your Google account, or you can generally prohibit the collection of your data by Google Analytics, as outlined in the section entitled "Objection to data collection".
The controller uses the "_gat._anonymizeIp" extension for web analysis via Google Analytics. By means of such extension, the IP address of the Internet access of the data subject is truncated and anonymised by Google if the access to our website is from a Member State of the European Union or from another contracting party to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyse visitor flows to our website. Among other things, Google uses the data and information obtained to evaluate the use of our website, to compile online reports for us, which reports show the activities on our websites, and to provide other services in connection with the use of our website.
Google Analytics uses a cookie on the information technology system of the data subject. Cookies have already been explained above. With the setting of the cookie, it is possible for Google to analyse the usage of our website. With each access of one of the individual pages of this website, which is operated by the controller and on which a Google Analytics component has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the particular Google Analytics component to submit data to Google for online analysis purposes. As part of this technical process, Google will obtain information regarding personal data, such as the IP address of the data subject, which are used by Google, among other things, to track the origin of visitors and clicks, and to subsequently enable commission settlements.
By means of the cookie, personal information, such as access time, the location from which access was made, and the frequency of website visits by the data subject are stored. Each time you visit our website, your personal information, including the IP address of the Internet connection used by the data subject, is transferred to Google in the United States of America. Such personal information is stored by Google in the United States of America. Under certain circumstances, Google transfers such personal data collected through the technical process to third parties.
At any time, the data subject can prevent the setting of cookies through our website, as already presented above, by means of a corresponding adjustment of the Internet browser used, and thus can permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the data subject's information technology. In addition, a cookie already set by Google Analytics can be erased at any time via the Internet browser or other software programmes.
You can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie will be set which prevents the collection of your data upon future visits to this website: disable Google Analytics
Additional information and applicable privacy provisions of Google can be found at https://www.google.de/intl/de/policies/privacy/ and http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail at https://www.google.com/intl/de_de/analytics/.
10. Integration of services and contents of third parties
Based on our legitimate interests (that is, the interest in the analysis, optimisation and economic operation of our online service within the meaning of point (f) of Art. 6 (1) of the GDPR), we make use of content or services offered by third-party providers, in order to integrate their content and services, such as videos or fonts (hereinafter collectively referred to as "content").
This always requires the third-party providers of such content to observe the IP addresses of users, since they would not be able to send the content to their browsers without IP addresses. As such, IP addresses are required for the presentation of such content. We endeavour to use only content whose respective providers use IP addresses solely for the delivery of content. Third parties may also use so-called "pixel tags" (invisible graphics, also referred to as "web beacons") for statistical or marketing purposes. The "pixel tags" may be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may include, among other things, technical information regarding one's browser and operating system, referring web sites, time of visit and other information regarding the use of our online service, as such may also be linked to such information from other sources.
11. Legal basis of processing
Point (a) of Art. 6 I of the GDPR serves our company as the legal basis for processing operations for which we obtain consent for a particular purpose of processing. If the processing of personal data is necessary to fulfil a contract of which the data subject is a contracting party, as is the case, for example, with processing operations necessary for the supply of goods or the provision of any other performance or counter-performance, processing is based on point (b) of Art. 6 I of the GDPR. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries regarding our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as the fulfilment of tax obligations, processing is based on point (c) of Art. 6 I of the GDPR. In rare cases, the processing of personal data may be required to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our premises were injured and his or her name, age, health insurance or other vital information would have to be passed on to a physician, hospital or other third party. At that point, the processing would be based on point (d) of Art. 6 I of the GDPR. Ultimately, processing operations could be based on point (f) of Art. 6 I of the GDPR. Processing operations on this legal basis that are not covered by any of the above legal bases are required if the processing is necessary to safeguard the legitimate interests of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the data subject are not overriding. We are permitted to engaged in such processing operations particularly because they have been specifically mentioned by the European legislator. In this regard, it considered that a legitimate interest could be assumed if the data subject is a client of the controller (recital 47, second sentence, GDPR).
12. Authorised interests in processing that are pursued by the controller or a third party
If the processing of personal data is based on point (f) of Art. 6 I of the GDPR, our legitimate interest is the conducting our business for the benefit of all of our employees and our shareholders.
13. Period for which the personal data will be stored
The criterion for the period of the storage of personal data is the particular statutory retention period. After the expiration of the period, the corresponding data will be routinely erased, if they are no longer required to fulfil a contract or to initiate a contract.
14. Statutory or contractual provisions for the provision of personal data; necessity for the conclusion of a contract; obligation of the data subject to provide personal data; possible consequences of the failure to provide personal data
We hereby inform you that the provision of personal information is in part required by law (such as tax regulations) or may arise from contractual arrangements (such as information regarding the contracting party). Occasionally, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that we must subsequently process. For example, the data subject is required to provide us with personal information when our company enters into a contract with him or her. Failure to provide the personal data would have the conclusion that the contract with the data subject could not be concluded. Prior to any personal data being provided by the data subject, the data subject must contact one of our employees. On a case-by-case basis, our employee shall inform the data subject as to whether the provision of the personal data is required by law or contract or is required for the conclusion of the contract, whether an obligation to provide such personal data exists, and the consequences of the failure to provide such personal data.
15. Existence of automated decision-making
As a company conscious of its responsibilities, we refrain from automated decision-making or profiling.
16. Where will your data be processed?
Your data will be processed in Germany. To the extent permitted by law, data processing also takes place in European and non-European countries.
17. How secure is your data?
To protect your data from unauthorised access and misuse, we have taken extensive technical and operational security precautions in accordance with German law.
18. Where can you find more information regarding data protection at KÖHL GmbH?
Further information is available at www.koehl.com/datenschutz
19. Who are your contact persons if you have questions regarding data protection at KÖHL GmbH?
With your request, you may contact our customer service office or the data protection officer of KÖHL GmbH, Ms. Nancy Malikov, Paul-Ehrlich-Straße 4, 63322 Rödermark, datenschutz(at)koehl.com