DATA PRIVACY NOTICE K3
The legal basis of data protection can be found in the Data Protection Basic Regulation (DS-GVO) and the Federal Data Protection Act (BDSG).
1. Name and address of the persons responsible
Is the responsible part within the meaning of the DS-GVO and other national data protection laws of the member states and other data protection regulations:
K3 Agency GmbH
represented by the managing director Alexander Oehler
(hereinafter "we", "us")
2. Contact details of the data protection officer
If you have any questions regarding data protection or the assertion of your rights as a data subject, please contact our data protection officer.
Data protection officer: Darius Diekmann
This data protection declaration is based on the terms used by the European legislator for directives and regulations when the basic data protection regulation (DS-GVO) was adopted. For your information, the terms used are explained in advance:
a. Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as "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, on-line identification, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b. Data subject
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
Processing is any operation or set of operations, performed with or without the aid of automated means, which is performed upon personal data, such as collection, recording, organisation, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d. Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, conduct, location or change of location of that natural person.
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the need for additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data is not attributed to an identified or identifiable natural person.
g. Controller or data controller
Controller or data controller is the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
The recipient is any natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the context of a specific investigation mandate under Union or national law shall not be considered as recipients.
j. Third parties
Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process the personal data.
Consent shall mean any freely given and informed unequivocal expression of the data subject's wishes in the specific case, in the form of a statement or any other unequivocal affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.
4. General information on data processing
a. Purpose and scope of the processing of personal data
Personal data of users of our website will only be processed as far as this is necessary to secure and provide a functional website, to enable the offered services, to optimize our offer and to fulfill the intended purpose.
b. Legal basis for the processing of personal data
We process personal data of affected persons on the basis of these permission norms:
- Consent (Art. 6 Para. 1 lit. a DS-GVO)
- Performance of the contract or pre-contractual measures (Art. 6(1)(b) DPA)
- Legal obligation (Article 6(1)(c) of the DS-GVO)
Protection of a legitimate interest on our part or on the part of a third party, insofar as the interests, fundamental rights and freedoms of the person concerned do not outweigh the former interest (Art. 6 (1) lit. f DS-GVO)
c. Data deletion and storage period of personal data
The personal data of the person concerned are routinely deleted or blocked as soon as the purpose of storage ceases to apply. Furthermore, data may be stored if this has been provided for by the European or national legislator in Union regulations, laws or other regulations to which the person responsible is subject. Data is also blocked or deleted when a storage period prescribed by the aforementioned standards expires, unless there is a need to continue storing the data for the purpose of concluding or fulfilling a contract.
d. Recipient of personal data
The recipients of personal data of data subjects are in principle only the controller and processors appointed by the controller in compliance with data protection law. In addition, data may be passed on to third parties if the data controller is entitled to do so by virtue of a permission norm or is obliged to do so by law or by administrative or judicial orders.
e. Transfer of personal data to third countries
Should personal data of data subjects be transferred to countries outside the European Union (EU) or outside the European Economic Area (EEA), this will only take place if an adequate level of protection exists (Art. 45 DS-GVO) or if suitable guarantees exist (Art. 46 DS-GVO) or under the conditions of Art. 49 DS-GVO for exceptions in specific cases.
f. Existence of an automated decision-making system
As a responsible company, we avoid automatic decision making or profiling.
Within the scope of order processing, we commission an external service provider to provide the website. The service provider is obliged to comply with data protection regulations to the same extent as we are and guarantees reliable and secure handling of the data on our website. Personal data of data subjects collected via the website are stored on the service provider's servers within the European Economic Area (EEA). The data is stored separately from other applications. The processing of personal data by the service provider is only carried out in accordance with the instructions of the persons responsible and to the extent that this is necessary for the fulfilment of its service obligations.
6. Connection data
Whenever you visit our website, our system automatically collects information from the computer system of the calling computer. The following data is collected:
- the browser type and the version used,
- the operating system of the user,
- the Internet service provider of the user,
- the IP address of the user,
- Date and time of access,
- Websites from which the user's system accesses our website,
- Websites that are called up by the user's system via our website.
The processing of connection data is based on our legitimate interest in the transmission of the contents of the website and in accordance with Art. 6 para. 1 lit. f DS-GVO. The temporary processing of the IP address by the system is necessary to enable the website to be delivered to the user's computer. The data may be stored by us for analysis and maintenance purposes. However, in this case the IP address of the calling system will be anonymised. The data is automatically deleted 14 days after it has been collected. Since this processing is absolutely necessary for the operation of our website, you as a user have no opportunity to object to the processing.
7. Cookies and similar technologies
You can configure your browser so that no cookies are stored. However, this may mean that not all functions of our website can be used to their full extent. Information on the cookie settings of your browser can be found in the help section of the browser or under the following links:
- Google Chrome: support.google.com/accounts/answer/61416
- Mozilla Firefox: support.mozilla.org/de/kb/cookies-loeschen-daten-von-websites-entfernen
- Safari: support.apple.com/kb/PH17191
- Internet Explorer: support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies
- Opera: www.opera.com/de/help
Additionally, data can be stored for the same purposes in the so-called Local Storage or Local Session Storage of your browser.
The following data may be stored on your device when you visit our website:
8. Google services
Our website uses various services provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). For more information, please refer to "Additional Information" at the end of this section.
a. Google Web Fonts
When you visit our website, a connection is made to Google servers to load fonts provided by Google. The IP address of the visitor is transmitted to a Google server in the USA. We are not aware that Google stores the IP address of the calling device required for data transmission or that it is merged with other Google services.
The use of Google web fonts and the necessary processing of your IP address is based on a legitimate interest in accordance with Art. 6 para. 1 lit. f DSGVO. Google's web fonts are used to display our content correctly and in a graphically appealing manner across browsers. This is also our legitimate interest in the processing of personal data.
b. Google Tag Manager
Google Tag Manager is used to configure and manage other tracking services, which we describe in this privacy statement.
When you visit our website, a connection to Google servers is established to load the script required for Google Tag Manager. The IP address of the visitor is transferred to a Google server in the USA. We are not aware that Google stores the IP address of the calling device required for the data transfer or merges it with other Google services. When using the Google Tag Manager itself, no personal data is processed.
The legal basis for the use of the Google Tag Manager and the necessary processing of your IP address is Art. 6 para. 1 lit. f DSGVO. We use the Google Tag Manager service to configure and manage other services that are used because of our interest in evaluating and optimizing the use of this website. These purposes also include our legitimate interest in the processing of personal data.
You can object to the transmission of your IP address by deactivating the services listed below and managed with the Tag Manager. In this case, the Tag Manager script will no longer be loaded.
Please click on this link Link, to deactivate the tracking.
Please note that your decision applies only to this browser. However, if you delete this cookie, whether intentionally or unintentionally, the objection to the data storage and evaluation will also be removed and can be renewed via the above link.
c. Google Analytics
This website uses the web analysis service Google Analytics, which connects to Google servers when you visit our website in order to load the script required for Google Analytics. The IP address of the visitor is transferred to a Google server in the USA. We are not aware that Google stores the IP address of the calling device required for the data transmission or merges it with other Google services.
By using Google Analytics, cookies are stored on your computer when you visit our website, which enable an analysis of your use of the website (see above)
The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. Google will use this information on our behalf to evaluate the use of our website by users, to compile reports on the activities within this website and to provide us with further services related to the use of this website and the internet.
IP anonymisation (so-called IP masking) is used on this website. This shortens the IP address of users within the member states of the European Union and the European Economic Area. Due to this shortening, the personal reference of your IP address is no longer necessary.
The legal basis for the use of Google Analytics is Art. 6 para. 1 lit. f DSGVO. We commission Google LLC with the analysis services because of our interests in the evaluation and optimisation of the use of our website. These purposes also include our legitimate interest in the processing of personal data.
The data is routinely deleted automatically. Data whose retention period has been reached is automatically deleted once a month.
You can object to the collection by Google Analytics by saving an opt-out cookie. Opt-out cookies prevent the future collection of your data when you visit our website. In order to prevent Google Analytics from collecting your data, you must opt out of the collection on all devices or browsers used.
d. Additional Information
To the Privacy-Shield certificate from Google on the website of the Privacy Shield Framework
For more information about the Google Analytics Opt-out Browser Add-on
For information on the criteria for the storage of incoming call data
9. E-mail contact, contact form
Due to legal regulations, this website contains information that enables quick contact and direct communication with the responsible person. You can contact them using the contact form or by e-mail. The data entered in the contact form will be stored for the purpose of individual communication with you. Recipients of the data are the person responsible and the processors employed by him. When you send the form, your data will be stored in the form fields. If the contact is established via the e-mail address provided, the user's personal data transmitted with the e-mail will be stored. This includes the message text and the e-mail address. Recipients of the data are the person responsible and the order processors employed by her.
The legal basis for the processing of data from the contact form is Art. 6 para. 1 lit. a DSGVO, if consent is given. If the contact is made via the e-mail address provided, Art. 6 para. 1 letter f DSGVO serves as the legal basis. If the purpose of the contact is to conclude a contract, an additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO. The processing of the personal data from the e-mail or contact form serves solely to process the contact. This is also the legitimate interest of those responsible in the processing of the data transmitted by e-mail.
The data are routinely deleted when they are no longer necessary for the purpose of their collection and no legal obligations stand in the way of deletion. For personal data sent by contact form or e-mail, this is the case when the respective conversation with the user has ended. The conversation is finished when it can be concluded from the circumstances that the matter in question has been finally clarified.Users have the opportunity to object to the processing of their personal data or to revoke any consent given. For this purpose, you can reach us at the contact details provided.
10. WhatsApp Business
We offer interested parties the opportunity to contact us through the WhatsApp Business service of WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("WhatsApp"). WhatsApp is a subsidiary of Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland ("Facebook").
The legal basis for processing data that you provide to us through WhatsApp depends on the purpose of your contact:
If the purpose of the contact is to initiate or conclude a contract, the legal basis for the processing of the aforementioned data is Art. 6 para. 1 lit. b DS-GVO.
If you send us an inquiry via WhatsApp and the purpose of the contact is not directly related to the initiation or conclusion of a contract, we process your data in order to be able to process your inquiry. This represents a legitimate interest on our part within the meaning of Art. 6 Para. 1 lit. f DSGVO. You can object to the processing. To do so, please send us a WhatsApp message with the content "STOP". Your data will then be deleted by us.
If you receive messages from us via WhatsApp about interesting offers, products, discounts, etc. [here you can add your own points], we will contact you and process your data on the basis of your consent in accordance with Art. 6 para. 1 lit. a DSGVO. To declare your consent to the processing of your data for these purposes, please send us a WhatsApp message with the content "START". You can revoke your consent at any time without stating reasons with effect for the future by sending us a WhatsApp message with the content "STOP". Your data will then be deleted by us.
WhatsApp will process personal data in countries outside the European Economic Area. WhatsApp is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law. The certificate is available at www.privacyshield.gov/participant.
11. Live chat via Userlike UG
K3 Agency uses a live chat of the company Userlike UG (limited liability), Probsteigasse 44-46, 50670 Cologne, Germany. You can use the live chat like a contact form to chat with our employees almost in real time. At the start of the chat the following personal data is required:
- Date and time of the call,
- Browser type/version,
- IP address,
- the operating system used,
- URL of the previously visited website,
- Amount of data sent.
- And if specified: first name, last name, and e-mail address.
Depending on the course of the conversation with our employees, further personal data may occur in the chat, which will be entered by you. The type of this data depends strongly on your request or the problem you describe to us. The purpose of processing all this data is to provide you with a fast and efficient way of contacting us and thus improve our customer service.
All our employees have been and will be trained on the subject of data protection and instructed on the secure and confidential handling of customer data. All of our employees are obliged to maintain confidentiality and have signed an addendum to their employment contracts accordingly to the obligation to maintain confidentiality and to observe data protection.
In addition, K3 Agency stores the history of live chats for the duration of 3 years. This serves the purpose of saving you from possibly having to go through extensive explanations about the history of your request as well as the constant quality control of our live chat offer. The processing is therefore permitted in accordance with Art. 6 Para. 1 letter f DSGVO. If you do not wish this, you are welcome to inform us using the contact details listed below. Saved live chats will then be deleted by us immediately.
The storage of chat data also serves the purpose of ensuring the security of our information technology systems. This is also in our legitimate interest, which is why processing is permitted under Article 6 Paragraph 1 Letter f DSGVO.
12. Use of SalesViewer® technology:
This website uses SalesViewer® technology from SalesViewer® GmbH on the basis of the website operator’s legitimate interests (Section 6 paragraph 1 lit.f GDPR) in order to collect and save data on marketing, market research and optimisation purposes.
The data stored by Salesviewer will be deleted as soon as they are no longer required for their intended purpose and there are no legal obligations to retain them.
The data recording and storage can be repealed at any time with immediate effect for the future, by clicking on https://www.salesviewer.com/opt-out in order to prevent SalesViewer® from recording your data. In this case, an opt-out cookie for this website is saved on your device. If you delete the cookies in the browser, you will need to click on this link again.
13. e-mail contact
Due to legal regulations, our website contains information that enables rapid electronic contact with our company and direct communication with us. You can also contact us by e-mail
If contact is made via the e-mail addresses mentioned, the personal data of the sender transmitted with the e-mail will be stored. This includes the message text and the e-mail address. In this context, the data will not be passed on to third parties.
The legal basis for the processing of data transmitted in the course of sending an e-mail is Article 6 (1) (f) of the DPA. If the aim of the e-mail contact is to conclude a contract, the additional legal basis for processing is Art. 6 (1) lit. b DS-GVO.
The processing of personal data from transmitted e-mails serves solely to process the contact. This is also our legitimate interest in processing the data.
The data are routinely deleted as soon as they are no longer required for the purpose of their collection and no legal obligations stand in the way of this. Affected parties have the opportunity to object to the processing of their personal data. To do so, you can reach us using the contact details provided.
14. Applications, application procedure
Our website provides contact details for sending applications. You can also send us your application documents by e-mail. Please note, however, that in this case the information will be transmitted unencrypted. We process personal data from your application documents sent to us, such as contact data, information on your education, qualifications, work experience and skills, as well as any information provided orally or by telephone, only to the extent that this is necessary for the decision to establish an employment relationship with us. As a rule, the provision of personal data of special categories within the meaning of Art. 9 DS-GVO is not necessary and should therefore be omitted. We process such data in exceptional cases if they are relevant to the application process, for example, if you voluntarily provide information on a severe disability.
The legal basis for processing personal data in the current application procedure is Art. 88 DS-GVO in conjunction with § Section 26 (1) sentence 1 of the new BDSG and Article 6 (1) lit. b of the DS-GVO. If your application is successful, we can, in accordance with Art. 88 DS-GVO in conjunction with § 26 para. 1 sentence 1 BDSG-neu, we can further process the personal data already received from you for the purposes of the employment relationship. If we are unable to offer you employment, we reserve the right to process your personal data if this is necessary to fulfil legal obligations or to ward off legal claims asserted against us and to protect our legitimate interests in accordance with Art. 6 Paragraph 1 lit. f DS-GVO. A legitimate interest may arise in particular from the obligation to provide evidence in proceedings under the General Equal Treatment Act (AGG). If you give your express consent to the processing of your data for further purposes, the processing will be carried out on the basis of Art. 6 Para. 1 lit. a DS-GVO. A granted consent can be revoked at any time with effect for the future.
Within our company, we pass on your personal data exclusively to the departments and persons involved in the decision on the establishment of an employment relationship. Insofar as administrators necessarily have access to the processed data, they are obliged to maintain confidentiality and may not process the data for other purposes. Your data will only be passed on to third parties if and to the extent that this is necessary to fulfil our contractual and legal obligations or to protect our legitimate interests.
We store your personal data for as long as it is necessary for the decision on your application. If no employment relationship is established, we will delete your personal data 6 months after the end of the application process. Longer storage without your express consent will only take place if it is necessary to assert, exercise or defend against legal claims for the duration of a legal dispute. If you have agreed to longer storage, the duration depends on the content of your consent. If, following the application procedure, an employment, training or internship relationship arises, your data will continue to be stored, if necessary and permissible, and then transferred to the personnel file and deleted in accordance with the regulations applicable to personnel files.
15. Rights of data subjects
Data subjects are entitled to the following rights of the persons in charge:
- They can demand information as to which personal data, which origin about you, and for what purpose is stored. You must also be informed if your data is transferred to third parties. In this case, the identity of the recipient or the categories of recipients must be disclosed to you.
- Should your personal data be incorrect or incomplete, the following may occur you request your correction or addition.
- You may object to the processing of your personal data for advertising purposes. Your data must then be blocked for these purposes.
- You have the right to limit the processing if you dispute the accuracy of the personal data concerning you for a period of time which enables the controller to verify the accuracy of the personal data; if the processing is unlawful and you object to the deletion of the personal data and request instead the limitation of the use of the personal data; if the controller no longer needs the personal data for the purposes of the processing but you need them for the purpose of asserting, exercising or defending legal claims; or if you object to the processing in accordance with Art. 21 paragraph 1 DSGVO and it is not yet clear whether the legitimate reasons of the controller outweigh your reasons.
- You can request the deletion of your data. This is possible if the legal basis for data processing is missing or has ceased to exist. The same applies if the purpose of the data processing has ceased to exist due to the passage of time or for other reasons. Please note that deletion may be opposed by an existing retention period or other interests of our company worthy of protection. We will be happy to inform you of this upon request. If we have made your data public, we are obliged to inform each recipient that you have requested the deletion of all links to this personal data or of copies of this personal data.
- You also have a right of objection if your interest worthy of protection outweighs our interest in processing due to a personal situation. This does not apply, however, if we are obliged to carry out the processing on the basis of a legal provision.
- Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority if you believe that the processing of personal data concerning you is in breach of data protection.
- You have the right to obtain the personal data concerning you which you have provided to the data controller in a structured, common and machine-readable format.
We reserve the right to adapt this data protection declaration so that it always meets the current legal requirements or to implement changes to our services in the data protection declaration. The new data protection declaration then applies to your next visit.