A. General provisions on data processing 1. Subject of this privacy policy We, Kabel Kusch, owner: Katja Kusch, Dorfstr. 63-65, 44143 Dortmund, are pleased about your interest in our online store. The protection of your personal data is a great and very important concern to us. In the following we would like to inform you in detail which data is collected during your visit to our website, the use of our offers and how it is processed or used by us in the following. We will also inform you about the accompanying technical and organizational protective measures we have taken. The processing of personal data, such as the name, address, e-mail address or telephone number of a data subject, is always carried out in accordance with the applicable data protection regulations. By means of this data protection declaration, we would like to inform you about the type, scope and purpose of the personal data collected, used and processed by us and insofar how you are affected by the data processing. Although we, as the controller of personal data, have implemented numerous technical and organizational measures, Internet-based data transmission can always have security vulnerabilities, so that an absolute protection cannot be guaranteed. We ask you to take this into account when using our Internet service. 2. Definitions of terms In this data protection declaration, terms are used which have been specified by the legislator in the German Data Protection Regulation (hereinafter also referred to as the DSGVO) have been specified. You could retrieve the DSGVO at the following website: http://eur-lex.europa.eu/legal-content/DE/TXT/PDF/?uri=CELEX:32016R0679&from=DE The aim of our privacy policy is to inform you in a simple and understandable way about the processing of your personal data on our website. 3. Name and address of the controller/data protection officer The person responsible within the meaning of data protection law is: Kabel Kusch Owner: Katja Kusch Dorfstr. 63-65 44143 Dortmund Telephone: xx49 - 231 - 25 72 41 E-mail address: info@kabel-kusch.de 4. Deletion and blocking of personal data/ storage Unless otherwise specified for the respective processing of personal data in section B. of this data protection statement, the data stored by us will be deleted as soon as they are no longer necessary for their intended purpose and there is are no legal obligations to retain data. If the data of the data subject is not deleted because it is required for other and legally permissible purposes, their processing will be restricted. I.e. the data is blocked and not processed for other purposes. This applies, for example, to data of the subject that must be retained for reasons of commercial or tax law. According to legal requirements, data is retained for six years in accordance with Section 257 (1) of the German Commercial Code (HGB) (commercial books, inventories, opening balances, annual financial statements, commercial letters, accounting vouchers, etc.) and for ten years in accordance with Section 147 (1) of the German Fiscal Code (books, records, management reports, accounting vouchers, commercial and business letters, etc.). 5. Rights of the data subject 5.1 Right to confirmation Every data subject has the right, as granted by the European Directive and Regulation, to request confirmation from the controller as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may contact us at any time. 5.2 Right of access Any person affected by the processing of personal data has the right to obtain at any time from the controller free of charge about the personal data stored about him and to receive a copy of this information. Furthermore, the data subject is entitled to information about the following: - the purposes of processing - the categories of personal data processed, - the recipients or categories - to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organizations - if possible, the planned duration for which the personal data will be stored, or, if not possible, the criteria for determining the duration - the existence of a right of rectification or erasure of the personal data concerning him or her - the restriction of processing by the controller, or the right to object to such processing. - the existence of a right to lodge a complaint with a supervisory authority - if the personal data are not collected from the data subject: Any available information about the origin of the data - the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in in these cases - meaningful information about the logic involved as well as the scope and the intended effects of such processing for the data subject. Furthermore, the data subject shall have the right to obtain information as to whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.If a data subject wishes to exercise this right of access, he or she may contact us at any time. 5.3 Right to rectification Every person affected by the processing of personal data has the right to demand the immediate rectification of inaccurate personal data. Furthermore, the data subject shall have the right, taking into account the purposes of the processing, to request the completion of incomplete personal data by means of a supplementary declaration.If a data subject wishes to exercise this right of rectification, he or she may contact us at any time. 5.4 Right to erasure Any person affected by the processing of personal data has the right to demand that the controller erases the personal data concerning him or her without delay, provided that one of the following reasons applies and insofar as the processing is is not necessary: - the personal data were collected or otherwise processed for such purposes for which they are no longer necessary. - the data subject revokes the consent on which the processing was based pursuant to Art. 6(1)(a) of the GDPR or Art. 9(2)(a) of the GDPR. - Letter a DSGVO, and there is no other legal basis for the processing. - the data subject objects pursuant to Art. 21 (1) DSGVO to object to the processing and there are no overriding legitimate grounds for the processing, or - the data subject objects to the processing pursuant to Art. 21(2) DSGVO. - the personal data have been unlawfully processed. - the erasure of the personal data is necessary for compliance with a legal obligation under Union law or Member State law to which the controller is subject. - the personal data have been processed in relation to information society regarding Art. 8 (1) DSGVO. If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Kabel-Kusch, he or she may, at any time, contact us. We will arrange for the deletion request immediately. If the personal data has been made public by Kabel Kusch and our company as the responsible party is obliged to delete the personal data pursuant to Art. 17 Para. (1) of the German Data Protection Act (DSGVO), Kabel Kusch shall take reasonable measures, including technical measures, to protect the data against unauthorized disclosure and to ensure that no unauthorized disclosure is made. Technology and the costs of implementation appropriate measures, including those of a technical nature, in order to prevent other data controllers from processing published personal data will be assigned and carried from Kabel-Kusch. The data subject controller will erase all links to this personal data or to copies or replications of this personal data, unless the processing is necessary. We will arrange the necassary steps with all individual cases. 5.5 Right to restriction of processing Every person affected by the processing of personal data has the right to demand from the controller the restriction of the processing if one of the following conditions is met: - The accuracy of the personal data is contested by the data subject for a period of time which enables the controller to verify the accuracy of the personal data. - The processing is unlawful, the data subject person objects to the erasure of the personal data and requests instead the restriction of the use of the personal data. - The controller no longer needs the personal data for the purposes of the processing, but the data subject however, needs them for the assertion, exercise or defense of legal claims. - The data subject has objected to processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the legitimate grounds of the data controller outweigh those of the data subject. If one of the aforementioned cases applies, and a data subject wishes to request the restriction of personal data stored by the Kabel Kusch, he or she may, at any time, contact us. We will then arrange the restriction of the processing. 5.6 Right to data portability Any person affected by the processing of personal data shall have the right to have the personal data concerning him or her, which has been provided by the data subject to a controller in a structured, handed over in a commonly used and machine-readable format. The data subject also has the right to transmit such data to another controller without hindrance from the controller to whom the personal data have been provided, presupposed that the processing is based on consent pursuant to Art. 6(1)(a) DSGVO or Art. 9(2)(a) DSGVO, or on a contract pursuant to Art. 6(1)(b) DSGVO and the processing is carried out with the aid of automated procedures, unless the processing is necessary for the performance of a task in the public interest or in the exercise of official authority vested in the controller. Furthermore, when exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to obtain the personal data to be transferred directly from one controller to another controller, insofar as this is technically feasible and provided that the rights and freedoms of other persons are not affected thereby. To assert the right to data portability, the data subject may contact us at any time. 5.7 Right to object Any person affected by the processing of personal data has the right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is processed on the basis of Art. 6(1)(e) or (f) of the German Data Protection Act (DSGVO). This also applies to profiling based on these provisions. Kabel Kusch shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the assertion, exercise or defense of legal claims. If Kabel Kusch processes personal data for the purpose of direct marketing, the data subject shall have the right to object at any time to processing of personal data concerning him or her. This also applies to the profiling, insofar as it is related to such direct marketing. If the data subject objects to Kabel Kusch to the processing for Kabel Kusch to processing for direct marketing purposes, Kabel Kusch will no longer process the personal data for these purposes. In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her. Furthermore processing of personal data collected by Kabel Kusch for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89 Para. purposes pursuant to Article 89 (1) of the German Data Protection Act (DSGVO), unless such processing is necessary for the performance of a task carried out in the public interest. In order to exercise the right to object, the data subject may contact us directly. The data subject is also free to connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise his or her right to object by means of automated procedures using technical specifications. 5.8 Automated decisions in individual cases, including profiling. Any person concerned by the processing of personal data shall have the right, granted by the European Directive and Regulation to not be subject to a decision based solely on automated processing, including possible profiling, which affects him or her. The decision which produces legal effects concerning him or her or similarly significantly affects him or her, provided that the decision: - is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or - is not necessary for the performance of a contract between the data subject and the controller. - is permissible on the basis of legal provisions of the Union or the Member States to which the controller is subject, and such legislation contains suitable measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject. - is made with the express consent of the data subject. If the decision is - necessary for entering into, or the performance of, a contract between the data subject and the responsible party, or - if the decision is made with the explicit consent of the data subject, Kabel Kusch shall implement suitable measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including the right to legitimate interests of the data subject, including at least the right to obtain the intervention of a data subject to express his or her point of view and to contest the decision. If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact us. 5.9 Right to withdraw consent under data protection law. Every person affected by the processing of personal data has the right to withdraw consent to the processing of personal data at any time. If the data subject wishes to exercise his or her right to withdraw consent, he or she may contact us at any time. Any data subject may contact us directly at any time with any questions or suggestions regarding data protection. 5.10 Right of appeal to a data protection supervisory authority Every person affected by the processing of personal data has the right to lodge a complaint with a data protection supervisory authority about the processing of your personal data by us. About the processing of your personal data by us. 6. legal basis of the processing Unless otherwise stated in the description of the respective data processing operation in the following chapter B. of this data privacy statement otherwise specified, the following provisions shall apply: Art. 6 I lit. a DSGVO serves Kabel Kusch as the legal basis for processing operations for which consent must be obtained for a specific processing purpose must be obtained. If the processing of personal data is necessary for the performance of a contract to which the data subject is a contracting party, the data subject shall be deemed to have consented to the processing party of the contract, the processing is based on Art. 6 I lit. b DSGVO. The same applies to processing operations that are necessary for implementation of pre-contractual measures, for example in cases of inquiries about our services and products. If Kabel Kusch is subject to a legal obligation which requires the processing of personal data, the processing is based on Art. 6 I lit. c DSGVO. In rare cases, the processing of personal data might become necessary to in order to protect vital interests of the data subject or another natural person. In this case, the processing is based on Art. 6 I lit. d DSGVO. Finally, processing operations could be based on Art. 6 I lit. f DSGVO. On this legal basis processing operations that are not covered by any of the aforementioned are based on this legal basis, if the processing is necessary to safeguard a legitimate interest of Kabel Kusch or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator (see recital 47 sentence 2 DSGVO). 7. consideration of legitimate interests Unless otherwise regulated in the description of the respective data processing operation in Chapter B. of this Privacy Policy and the processing of personal data is based on Article 6 I lit. f DSGVO, our legitimate interest lies in the performance of of our business activities and the associated economic interest. 8. data protection when using our contact data If you use the contact details provided on our website (such as our email address or fax number) to contact us, the personal data you provide will only be processed for the purpose of contacting you. If the reason for your contacting us is your interest in our services or products or the fulfillment of an existing contract with us, the legal basis is Art. 6 Para. 1 lit. b DSGVO. In all other cases of contact we have a legitimate interest pursuant to Art. 6 para. 1 lit. f DSGVO in the data processing based on the communication initiated by you. We store the data required to process the contract until the expiry of the statutory warranty and, if applicable, contractual warranty periods. We retain the data required under commercial and tax law for the periods specified by law, regularly ten years (cf. § 257 HGB, § 147 AO). The data processed for the implementation of pre-contractual measures are deleted, as soon as the measures have been carried out and no contract is concluded. The personal data stored by us on the basis of a legitimate interest will be stored until the purpose pursued with the establishment of contact. You have the right to object to data processing which is based on Art. 6 para. 1 f) DSGVO and does not serve direct advertising for reasons arising from your particular situation at any time. In the case of direct marketing, on the other hand, you may object to the processing at any time without giving any reason.Recipients of the personal data processed in accordance with this provision are IT service providers (esp. hosters), with whom we have concluded a corresponding order processing agreement in accordance with Art. 28 DSGVO. 9. data protection during applications and the application process We collect and process the personal data of applicants for the purpose of carrying out the application procedure and thus on the basis of a pre-contractual measure iSd Art. 6 para. 1 lit. b DSGVO or our legitimate interest pursuant to Art. 6 para. 1 lit. f DSGVO in the hiring of employees. The processing may also take place electronically, e.g. if an applicant submits corresponding application documents via the electronic way, for example by e-mail or via our contact form. If we conclude an employment contract with an applicant contract of employment with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the data controller does not conclude an employment contract with the candidate the application documents will be automatically deleted two months after the notification of the rejection decision, unless no other legitimate interests of the controller conflict with the deletion. Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG). Due to the digitalized recording of the applications received, recipients of the processed personal data are our IT service providers (esp. hosters), with whom we have concluded corresponding order processing agreements within the meaning of Art. 28 DSGVO. 10. Changes to these data protection provisions Kabel Kusch reserves the right to change these data protection provisions at any time with effect for the future. A respectively current version is available on the website. Please visit the website regularly and inform yourself about the applicable data protection provisions. B. Special provisions on data processing on our website 1. informational use and collected data The scope and nature of the collection and use of your data differs depending on whether you visit our website solely to retrieve information or whether you make use of services offered by us, such as making a booking. (1) In the case of purely informational use of the website, i.e. if you do not, for example, make a booking via our website or otherwise transmit information to us, we will collect your data. We only collect the personal data that your browser transmits to our server. If you view our website, we collect the following data, which is technically necessary for us to display our website to ensure stability and security (legal basis is Art. 6 para. 1 p. 1 lit. f DSGVO): -IP address -Date and time of the request -time zone difference from Greenwich Mean Time (GMT) -Content of the request (specific page) -Access status/HTTP status code -amount of data transferred -Web page from which the request originated -Browser -Operating system and its interface -language and version of the browser software. (2) The data processed according to paragraph 1 of this provision are stored for the specified purposes for a maximum of 30 days and are deleted thereafter. (3) Recipients of the data processed in accordance with the above paragraphs are IT service providers (esp. hosters) with whom we have concluded corresponding order processing agreements in accordance with Art. 28 DSGVO. 3. use of offers on our website Insofar as you wish to make use of the services offered on our website, such as bookings subject to a fee in our online store, it is on the other hand necessary that you provide further personal data for this purpose. Details of this can be found in the following regulations below. 3.1 Data processing for the purpose of concluding a contract (1) Your personal data, which you provide to us during the booking process, is required for the conclusion of a contract with us. (e.g. information on the contractual partner) or required by law (e.g. tax regulations). Failure to provide the personal data would mean that the contract with you could not be concluded. For some payment methods we require the necessary payment data to be passed on to a payment service provider commissioned by us. If you send us an inquiry by e-mail, via a contact form or conclude a contract via our website before the conclusion of the contract, we process the data received in this way in order to carry out pre-contractual measures and, for example, answer your questions about our services or products. The processing of your entered data is therefore carried out for the purpose of fulfilling the contract or for the implementation of pre-contractual measures according to Art. 6 para. 1 lit. b DSGVO and for the fulfillment of legal obligations according to Art. 6 para. 1 lit. c DSGVO. (2) Recipients of the personal data processed in accordance with this provision are payment service providers, shipping service providers, IT-.service providers (esp. hosting) (3) We store the data required for the performance of the contract until the expiry of the statutory warranty and, if applicable, contractual warranty periods. We retain the data required by commercial and tax law for the periods specified by law, regularly ten years (cf. § 257 HGB, § 147 AO). The data processed for the implementation of pre-contractual measures are deleted, as soon as the measures have been carried out and no contract is concluded. 4. security measures We take organizational, contractual and technical security measures in accordance with the state of the art to ensure, that the data protection regulations are adhered to and to protect the data processed by us against accidental or intentional manipulation, loss, destruction or against access by unauthorized persons. The security measures include in particular the encrypted transmission of data between your browser and our server. Valid since: June 8, 2022