Privacy

Privacy Policy

Thank you for your interest in MKCL Germany GmbH (hereinafter referred to as “MKCL”, we and/or us). Our executive team considers data protection to be very important, which means that the protection of your private sphere during the processing of personal data and the use of our web pages are of particular importance to us.

You can generally use our website without providing any personal data. However, if you make use of particular services offered by our company via our website or wish to contact us, the processing of personal data may be necessary. If it is necessary to process personal data and if there is no legal basis for such processing, we will generally obtain the consent of the data subject.

The processing of personal data, for example the name, address, email address or telephone number of a data subject, always takes place in accordance with the requirements of the EU General Data Protection Regulation (EU GDPR) and in compliance with the country-specific data protection provisions applicable in Germany.

With this privacy policy, we would like to inform the public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this privacy policy, of the rights to which they are entitled. Thus, MKCL complies with the duty to provide information according to Articles 13 and 14 EU GDPR.

1. Contact details of the Data Controller

According to the EU GDPR and the national data protection regulations, the Data Controller is:

MKCL Deutschland GmbH
Lily-Braun-Str. 19-21
23843 Bad Oldesloe
Telephone: +49 4531 1290-100
Email: customer-services@mkcl.de

Managing Director: Andreas Mayer, Sören Dehnbostel
Local Court of Lübeck HRB 1832 OD

2. Contact details of the Data Protection Officer

The Data Protection Officer of MKCL is:

Oscar Nissen (NNW Consulting GmbH)
Lily-Braun-Str. 19-21
D-23843 Bad Oldesloe
Email: on@mkcl.de

If you have any queries and suggestions concerning data protection, you may consult our Data Protection Officer directly.

3. Use of website/collection of general data and information

The website of MKCL collects a range of general data and information with every access to the website by you or an automated system. This general data and information are stored in the log files of our server.

They comprise the name of the visited web page, the file, the date and time of access, the transferred volume of data, the notification of successful access, the browser type including the version, the user’s operating system, the referrer URL (the previously visited web page), the IP address and the internet service provider as well as other similar data and information that serve risk prevention in the event of attacks on our information technology systems.

When using this general data and information, MKCL does not draw any conclusions on the identity of the data subject. This information is rather required to correctly display the contents of our website, to optimise the contents of our website, to guarantee the permanent functionality of our information technology systems and the technology of our website, and to provide law enforcement authorities with the information necessary for prosecution in case of a cyber attack. This data and information, which is collected on an anonymous basis, will therefore be evaluated by us for statistical purposes on the one hand, and furthermore, to improve data protection and data security in our company with the final aim of providing an ideal level of protection for the personal data processed by us. The data from the server log files will be stored separately from all of the personal data provided by a data subject.

3.1 Cookies

The MKCL websites use cookies. Cookies are text files which are deposited and stored in a computer system via an internet browser.

Numerous websites and servers use cookies. Many cookies contain a cookie ID. A cookie ID is a unique identifier of the cookie. It is comprised of a string which can be used to assign websites and servers to the specific web browser in which the cookie was retained. This enables the visited websites and servers to distinguish the individual browser of the data subject from other web browsers containing other cookies. A specific web browser can be recognised and identified by means of the unique cookie ID.

The use of cookies allows MKCL to provide you with more user-friendly services, which would not be possible without the setting of cookies.

By means of cookies, the information and offers on our website can be optimised for the benefit of the user. Cookies allow us to recognise the users of our website on a pseudonymised basis. The purpose of this recognition is to make the use of our website easier and to save the technical settings of the user. The data subject can prevent the placement of cookies by our website at any time by correspondingly setting the internet browser used and thus permanently object to the placement of cookies. Furthermore, cookies which have already been placed can be erased at any time via an internet browser or other software programmes. This is possible in all conventional browsers. If the data subject disables the placement of cookies in the web browser used, it may not be possible to use all features of our website to their full extent in some circumstances.

Other cookies used by MKCL serve the purpose of user-friendly experience and are deleted at the end of the browser session (session cookies).

3.2 Use of third-party services and content

On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and cost-effective operation of our online offering in terms of point (f) of Article 6(1) EU GDPR), within our online offering, we use content or services which are provided by third parties for the purpose of embedding their content and services, such as videos, navigation services or fonts (hereinafter uniformly referred to as “content”).

This consistently requires the third-party providers of such content (e.g. Google LLC.) to know the user’s IP address, as they would not otherwise be able to send the content to the user’s browser. The IP address is therefore required to display the content. We will attempt to only make use of content whose provider uses the IP address exclusively for the delivery of the content. In addition, third parties may use what are known as pixel tags (invisible graphics, also referred to as “web beacons”) for statistical or marketing purposes. Using the “pixel tags”, information such as visitor traffic on the pages of this website can be analysed. The pseudonymised information can also be saved as cookies on the user’s device; among other data, this may contain technical information on the browser and operating system, the referring web pages, the time of access and other information on the use of our online services, and it can be linked with information from other sources.

4. Contractual relationships/rule regarding the forwarding of data

Within MKCL, your data (e.g. name, address, invoicing address, telephone number, email address, etc.) will be accessed by the positions, departments and employees that require such data for the fulfilment of our contractual and statutory obligations. Processors who are appointed by us (Article 28 EU GDPR) can also receive data for such purposes. In particular, this includes companies in the following categories: IT services, technical services, logistics, printing services, telecommunications, debt collection, consulting and advice as well as sales and marketing. In addition to this, data can also be forwarded to external persons (such as solicitors) if this is necessary for the enforcement of legal interests.

The forwarding of data to further recipients external to MKCL will only take place if required by the statutory provisions or you have provided your consent. On this basis, in the event of the existence of a statutory or official obligation, the recipients of personal data can, in particular, be public bodies and institutions (supervisory authorities, financial authorities, social insurance providers), or the recipients indicated by us in the scope of the provision of your consent for the transfer of data.

A transfer of data to third countries or international organisations on the part of MKCL is intended in the scope of the framework described above (e.g. Google), or if ordering parties/customers are based in third countries and this is necessary for the implementation of the contracts; the legal basis is point (b) of Article 6(1) in connection with Articles 44 and 49 EU GDPR.

5. Categories of data and legal bases

The categories of personal data that are collected include the following data in particular:

a) Personal data and contact data:
We define master data and contractual data as all the data of a customer that we collect for the establishment, content-related configuration, amendment or termination of a contractual relationship regarding the contractual services and for the necessary communication on our part. This includes, for example, the name, address, invoicing address, telephone and fax numbers, possible start of the contract, possible banking details for direct debit settlements, the email address, mandates, contract details of authorised representatives, etc. The processing takes place on the basis of point (b) of Article 6(1) EU GDPR.

b) Initiation of contracts on the website
MKCL will collect and process the order and settlement data that is used in the scope of the appropriate contractual relationship (in particular, the aforementioned personal data and contact data as well as product data, delivery data and quantities). The use of the data primarily serves the purpose of the implementation of the contract as well as delivery and settlement purposes. For settlement purposes, a further processing of the data takes place for the creation and delivery of invoices and for the monitoring of incoming payments and arrears, reminders and the possible recovery of receivables. We also require your email address so that we can confirm the receipt of your order and communicate with you. You will also receive status information and possible invoices pertaining to your order via your email address.

In the scope of the completion of the order, the requisite data will be transferred to the service providers we use for this purpose (e.g. transporters, logistics providers, payment agents) if this is necessary for the implementation of the contract.

The processing takes place on the basis of point (b) of Article 6(1) EU GDPR.

c) Other obligations for processing and storage:
In the scope of the statutory storage obligations regarding tax and business law, it is furthermore necessary for the data processing to be restricted and for data to be archived. The processing takes place on the basis of Article 6(1) point (c) EU GDPR.

d) If necessary, we process your data beyond the actual fulfilment of the contract to safeguard our and third parties’ legitimate interests.

Examples: The verification and optimisation of processes for needs analyses and directly approaching customers; advertising or market and opinion research, insofar as you have not objected to the use of your data; the assertion of legal claims and defence in the event of legal disputes, ensuring IT security and IT operations; measures for business management and the further development of services and products.

The processing takes place on the basis of Article 6(1) point (f) EU GDPR.

6. Contacting us

If you contact MKCL (using the contact form or by email, for example), we will store your data from the enquiry form including the contact data provided by you (required obligatory information and voluntary information are highlighted accordingly on the appropriate form) for the processing of the enquiry and in case follow-up questions arise. Following the conclusion of the enquiry, your data will be routinely erased unless you are one of our customers or this is prevented due to the statutory retention periods.

The further processing of the data, its use for other processes or the forwarding of this data will not occur without your consent.

7. The routine erasure and restriction of processing of personal data

MKCL will only processes and store the personal data of the data subject for the period which is necessary for achieving the purpose of its storage or insofar as this has been provided for by European or national legislation to which MKCL is subject.

Where necessary, we will process and store your personal data for the duration of our business relationship, including the initiation and execution of a contract, for example.

In addition to this, we are also subject to various retention and documentation obligations which, among others, are stipulated by the German Commercial Code (HGB) and the German Fiscal Code (AO). The stipulated periods for the retention and/or documentation may total up to 10 years.

The retention period is also determined in accordance with the statutory limitation period which, for example, is generally three years in accordance with Article 195 et seq. of the German Civil Code (BGB) but may also be up to thirty years in some cases.

If the purpose of the storage ceases to apply or if a retention period stipulated by the European or national regulations elapses, the processing of the personal data will be routinely restricted or the data will be erased according to the statutory regulations.

8. Rights of the Data Subject

You can exercise the following rights at any time:

  • Right of access according to Article 15 EU GDPR
  • Right to rectification according to Article 16 EU GDPR
  • Right to erasure/right to be forgotten according to Article 17 EU GDPR
  • Right to the restriction of processing according to Article 18 EU GDPR
  • Right to data portability according to Article 20 EU GDPR
  • Right to object according to Article 21 EU GDPR

Right to object: If we carry out the processing of data in order to safeguard our legitimate interests, on the basis of the reasons that arise due to your specific situation, you have the right to object to this processing at any time. In particular, this also includes the right to lodge an objection to processing for advertising purposes. The objection applies with future effect.

For the right of access and right to erasure, the restrictions according to Article 34 and 35 BDSG (revised version) [German Data Protection Act] apply. The right to lodge a complaint with a supervisory authority for data protection also exists (Article 77 EU GDPR in connection with Article 19 BDSG [revised version]).

To exercise your rights, you can also contact our Data Protection Officer or MKCL using the aforementioned data.

9. Security of processing

MKCL applies technical and organisational security measures according to Article 32 EU GDPR in order to protect your personal data against destruction, loss or change, whether unintentional or unlawful, or the unauthorised disclosure and/or unauthorised access to personal data which has been transferred, stored or processed in any other way. In particular, this includes an encryption of the access to websites with the use of current and appropriately state of the art processes.

MKCL has furthermore implemented a procedure for the regular verification, assessment and evaluation of the technical and organisational measures that have been taken in the interests of continuously improving our security measures in accordance with the technological developments.

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