Data privacy

Privacy policy

1. General information on the collection of personal data

 (1) In the following privacy policy, we would like to explain how we handle the personal data that is transmitted to us when you use our website or our offers. Personal data is all data that can be related to you personally, e.g. name, address, email addresses or user behaviour.

(2) Controller pursuant to Art. 4 No. 7 GDPR:

F. Anton Kesper GmbH,

Im Gewerbepark 1, 34508 Willingen,

Tel: 0800-0537737

Fax:05632-7749

E-Mail adress: shop@kesper.com

(3) You can contact our company data protection officer at info@bITs.GmbH or at the above address with the addition "The data protection officer" / "Attn. "Oliver Baldner"

2. Rights of data subjects

(1) You have the following rights vis-à-vis us with regard to your personal data:

• Right of access (Art. 15 GDPR) to your personal data processed by us;
• Right to rectification (Art. 16 GDPR) or completion of your personal data processed by us;
• Right to erasure (Art. 17 GDPR) of your personal data processed by us, unless processing is exceptionally required under Art. 17 para. 3 GDPR
• Right to restriction of processing (Art. 18 GDPR);
• Right to information (Art. 19 GDPR);
• Right to data portability (Art. 20 GDPR);
• Right to withdraw consent once given to us (Art. 7 para. 3 GDPR). The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

(2) You also have the right to lodge a complaint with a data protection supervisory authority if you are of the opinion that the processing of your personal data by us is unlawful. You can find the contact person responsible for you at the following URL, for example:  https://datenschutz.saarland.de/datenschutz/zustaendigkeiten/#c139.

(3) Objection to the processing of your data

Insofar as we base the processing of your personal data on the balancing of interests, you can object to the processing. This is the case if, in particular, the processing is not necessary for the fulfilment of a contract with you, which is described by us in each case in the corresponding description of the functions. When exercising such an objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the situation and either discontinue or adapt the data processing or show you our compelling reasons worthy of protection on the basis of which we will continue the processing. Of course, you can object to the processing of your personal data for advertising and data analysis purposes at any time. You can inform us of your objection to advertising using the following contact details: F. Anton Kesper GmbH, Im Gewerbepark 1, 34508 Willingen, Tel: 0800-537737 , Fax:05632-7749 , e-mail address: e-mail: shop@kesper.com  

3. Data security

As the security of your data is important to us, your personal data is transmitted using secure SSL or TLS encryption/connection. TLS (Transport Layer Security) or its predecessor SSL (Secure Socket Layer) is a protocol for encrypting data transmissions on the internet. We use it to protect your personal data from unauthorised access.  You can recognise the encryption of the connection in the browser line by the "https//:" symbol or the lock symbol.

We also use technical and organisational measures to protect our website and other systems against loss, destruction, access, modification or dissemination of your data by unauthorised persons. Despite regular checks, however, complete protection against all risks is not possible.

4. Visiting our website

If you use our website for information purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. As soon as you request a file from our website, access data is received and stored by default.

This data record consists of

• the page from which the file was requested,
• the name of the file
• the date and time of the request
• the amount of data transferred in each case,
• the access status / HTTP status code (i.e. whether the file was transferred or possibly not found, etc.)
• a description of the type and version of the web browser used
• the installed operating system, the language of the operating system and the set resolution
• the IP address used.

This data is necessary for us to display our website to you and to ensure stability and security. It is also analysed for internal statistical purposes and for the technical administration of the website. The legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR. Our legitimate interest follows from the aforementioned purposes of data collection.

5. Use of our online shop

(1) If you wish to place an order in our online shop, you must provide personal data during the ordering process, such as

• name
• adress
• e-mail adress

during the ordering process. Which data is collected for this purpose can be seen from the respective input masks, whereby the necessary mandatory information is specially labelled in each case. All other information is voluntary.

The provision of your personal data serves the purpose and is necessary to the extent that it is required for the conclusion of the contract and the processing of your order. The legal basis is Art. 6 para. 1 sentence 1 lit. b GDPR.

(2) You have the option of creating a customer account. For the purpose of using your personal data for further, subsequent orders, the data you provide will be stored and processed on a revocable basis. The legal basis is Art. 6 para. 1 sentence 1 lit. b GDPR.

(3) Due to the requirements of commercial and tax law, we are obliged to store your address, payment and order data for a period of ten years. Your data will therefore not be completely deleted even if storage is no longer required for the contract concluded. However, processing will be restricted to the extent necessary to fulfil legal obligations. The legal basis is Art. 6 para. 1 sentence 1 lit. c GDPR.

(4) We will only use the data that you have transmitted to us in the course of your order to process your order.  We use the following external service providers to process your order:

(a) For the delivery of the goods, your address data must be passed on to our parcel service providers. They are obliged to treat your data confidentially and to store and use it exclusively for the purpose of delivery and to delete it again after successful delivery. The legal basis for the transfer of data is Art. 6 para. 1 lit. b GDPR.

(b) For payment processing, your payment data will be passed on to the commissioned credit institution or the selected payment service provider. The legal basis for the transfer of data is Art. 6 para. 1 sentence 1 lit. b GDPR.

Your payment data will be transmitted to the relevant payment service provider depending on the payment method you have selected. The payment service provider is responsible for your payment data. Information, in particular about the responsible body of the payment service providers and the categories of personal data processed by the payment service providers, can be found at the following Internet addresses: Internetadressen:

• PayPal:

If you pay via PayPal, your data required for the payment will be forwarded to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. You can find further information at

https://www.paypal.com/de/webapps/mpp/ua/privacy-full

• Pay Now/Instant

In the case of payment by Sofortüberweisung processed via SOFORT GmbH, your data required for the payment will be forwarded to SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany ("SOFORT"). Sofort GmbH is part of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden ("Klarna"). You can find more information about Klarna's privacy policy at the following Internet address: https://www.klarna.com/sofort/datenschutz

• EVO Payments

When paying by credit card via EVO Payments, your data required for the payment will be forwarded to EVO Payments International GmbH, Elsa-Brändström-Straße 10 - 12, 50668 Cologne, Germany ("EVO"). You can find more information about EVO's privacy policy at the following Internet address: https://www.evopayments.eu/datenschutz

6.  When contacting us by e-mail or contact form and callback service

(1) When you contact us by email or via the contact form on our website, personal data is collected and stored by us. Which personal data is collected when you contact us via the contact form can be seen from the contact form. When you contact us by e-mail, the following personal data is collected and stored by us: e-mail address and e-mail text as well as other voluntarily provided data. We process the data you provide exclusively to process your contact enquiry. The legal basis is Art. 6 para. 1 sentence 1 lit. b GDPR or our legitimate interest in responding to your enquiry in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR.

(2) When ordering our callback service, you agree that we may use your telephone number to contact you.

Permission to contact by telephone

I agree that my telephone number may be used by Kesper to contact me. I can revoke this consent to the use of my telephone number at any time for the future, e.g. by sending an e-mail to e-mail: shop@kesper.com.

The legal basis for the use of your telephone number for the callback service is Art. 6 para. 1 sentence 1 lit. a GDPR.

(3)  If you order our callback service by fax, you agree that we may use your fax number to contact you.

Permission to contact you by fax

I agree that my fax number may be used by Kesper to contact me. I can revoke this consent to the use of my fax number at any time in the future, e.g. by sending an e-mail to e-mail: shop@kesper.com.

The legal basis for using your fax number to contact you is Art. 6 para. 1 sentence 1 lit. a GDPR.

(4) If storage is no longer required, we will delete all personal data collected in this context. If there is a legal obligation to retain data, processing will be limited to this purpose. The legal basis is Art. 6 para. 1 lit. c GDPR.

7. When registering for our newsletter

(1) By subscribing to our newsletter, you agree that we may use your e-mail address for our own advertising purposes (so-called direct advertising).

Permission to send the newsletter

"I would like to be informed regularly by e-mail about interesting offers on goods from Kesper brand shop. I can revoke this consent to the use of my e-mail address at any time for the future. The newsletter is sent in accordance with our privacy policy"

(2) Registration for our newsletter takes place using the so-called double opt-in procedure, i.e. after registering with your e-mail address, you will first receive an e-mail with an activation link with which you must confirm your registration. Registration is only complete once you have clicked on the activation link. As part of the registration process, we store your IP address and the time of registration and confirmation in addition to your e-mail address. This is done in order to be able to clarify any misuse of third-party data at a later date and to prove your registration.

(3)  If a registration is not confirmed within 24 hours via the activation link, we will automatically delete the data stored during the registration process.

(4) To subscribe to the newsletter, it is only necessary to provide your e-mail address. The provision of further, separately marked data is voluntary and is used to be able to address you personally. After your confirmation, we will save your e-mail address for the purpose of sending you the newsletter, in the context of which we will inform you about our products and services or products.  The legal basis for the processing of your personal data is your consent pursuant to Art. 6 para. 1 sentence 1 lit. a GDPR.

(5) You can revoke your consent to the storage and use of your e-mail address for sending the newsletter at any time with effect for the future and unsubscribe from the newsletter, e.g. by sending an e-mail to: e-mail: shop@kesper.com or by clicking on the link at the end of each newsletter.

8. Cookies

(1) This website uses cookies. Cookies are small text files that your internet browser stores on your end device (PC, laptop, tablet, smartphone, etc.). They are used to make the use of our website more pleasant and convenient for you or for analytical purposes. If you call up the corresponding page again, the cookies enable your end device to be recognised. This means, among other things, that data you have entered once will be available when you fill in the form again or that the order process for items already placed in the shopping basket can be continued. If the cookies are used for the purpose of concluding or executing the contract, the legal basis is Art. 6 para. 1 sentence 1 lit. b GDPR. If the cookies are used to ensure our legitimate interests in the pleasant and convenient functionality as well as analysing and improving our website, the legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR.

(2) This website uses the following types of cookies:

• In most cases, we use cookies that are automatically deleted from your hard drive when you close your browser or log out (transient cookies, in particular session cookies).
• Other cookies remain on your computer and enable us to recognise your end device on your next visit (so-called persistent or permanent cookies). These cookies are automatically deleted from your system after a preset period of time, which differs depending on the cookie.

(3) This website includes content and services from other providers (e.g. Google), which in turn may use cookies and active components. In this respect, we refer you to our explanations below.

(4) You can change the storage of cookies in your browser settings at any time, e.g. refuse to accept cookies altogether, third-party cookies (cookies that are set by a third party, i.e. not by the actual website you are currently visiting) or individual cookies, or delete them. However, we would like to point out that in this case you may no longer be able to use our website to its full extent. To safeguard your privacy, we recommend that you delete the cookies on your end device and the browser history at regular intervals.

9. Analysis tools

The following tracking measures are used on our website to analyse and regularly improve the use of our website. We can use the statistics obtained to improve our offer and make it more interesting for you as a user, as well as to measure the success of our advertising measures and optimise our advertising measures. The legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR, whereby our legitimate interest arises from the aforementioned purposes.

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google LLC (Google). Google Analytics uses so-called cookies (see also above under "Cookies" of this data protection declaration), which are text files that are stored on your computer and enable your use of the website to be analysed.

The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, if IP anonymisation is activated on this website, your IP address will be shortened by Google beforehand within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. We would like to point out that this website uses Google Analytics with the extension "_anonymizeIp()" and that the IP addresses are therefore only processed in abbreviated form so that they cannot be traced back to specific individuals.

On behalf of the operator of this website, Google will use this information to analyse your use of the website, to compile reports on website activity and to provide the website operator with other services relating to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.

You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available at the following link:  http://tools.google.com/dlpage/gaoptout?hl=de.

Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield, which ensures compliance with the level of data protection applicable in the EU, https://www.privacyshield.gov/EU-US-Framework.

You can find more information on terms of use and data protection at http://www.google.com/analytics/terms/de.html or at https://www.google.de/intl/de/policies/privacy.

10. Storage period of personal data

The storage period of personal data depends on the respective statutory retention period (e.g. retention periods under commercial and tax law). Once the statutory retention periods have expired, we delete the respective personal data as long as and to the extent that the personal data is not required for contract fulfilment or contract initiation or we no longer have a legitimate interest in storing it.

11. Disclosure of data in other cases

In addition to the cases mentioned above, we will only pass on your personal data to third parties in the cases listed below:

• if you have given us your express consent to do so in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR, or
• if there is a legal obligation for the disclosure pursuant to Art. 6 para. 1 sentence 1 lit. c GDPR, e.g. in the context of criminal prosecution or
• the disclosure pursuant to Art. 6 para. 1 sentence 1 lit. f is necessary for the assertion or defence of legal claims or the exercise of rights and it cannot be assumed that the disclosure conflicts with an overriding interest of the data subject worthy of protection.

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