Website Klaus Kux

Data privacy policy

We greatly appreciate your interest in our company. Data privacy is of particular importance to the management of KuxArt. The use of the KuxArt website is generally possible without providing any personal data. However, if an individual wishes to use specific services provided by our company through our website, the processing of personal data may be necessary. If the processing of personal data is required and there is no legal basis for such processing, we generally obtain the consent of the individual concerned.

The processing of personal data, such as the name, address, email address, or telephone number of an individual, always takes place in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to KuxArt. Through this privacy policy, our company aims to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, individuals are informed about their rights through this privacy policy.

KuxArt, as the controller responsible for processing, has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, internet-based data transmissions may have security vulnerabilities, so absolute protection cannot be guaranteed. For this reason, it is up to each individual to also transmit personal data to us through alternative means, such as by phone.

1. Definitions

The privacy policy of KuxArt is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easily readable and understandable for the public as well as our customers and business partners. To ensure this, we would like to explain the terminology used in advance.

In this privacy policy, we use, among other terms, the following:

a) Personal data

Personal data refers to any information relating to an identified or identifiable natural person (hereinafter referred to as the "data subject"). An identifiable 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 one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
b) Data subject

A data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.
c) Processing

Processing refers to any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation, 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 processing in the future.
e) Profiling

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 analyze or predict aspects concerning that person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
f) Pseudonymization

Pseudonymization 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 organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing

Controller or controller responsible for the processing is the natural or legal person, public authority, agency, or other body that alone or jointly with others determines the purposes and means of the processing of personal data. If the purposes and means of this processing are determined by Union or Member State law, the controller or the specific criteria for their nomination may be provided for by Union or Member State law.
h) Data Processor

A data processor is a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller.
i) Recipient

A recipient is a natural or legal person, public authority, agency, or another body to whom personal data is disclosed, whether or not they are a third party. However, authorities that may receive personal data in the context of a specific investigation task under Union or Member State law are not considered recipients.
j) Third Party

A third party is a natural or legal person, public authority, agency, or another body other than the data subject, the controller, the data processor, and the persons who, under the direct authority of the controller or the data processor, are authorized to process personal data.
k) Consent

Consent is 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 controller within the meaning of the General Data Protection Regulation (GDPR), other data protection laws applicable in the European Union member states, and other provisions related to data protection is:

KuxArt
Holzhäuserstraße 11b
09337 Callenberg OT Langenchursdorf
Germany

Tel.: 037608 - 3841
Email: kontakt@kux-art.de
Website: www.kux-art.de

3. Cookies

The KuxArt website uses cookies. Cookies are text files that are stored on a computer system via an internet browser.

Many websites and servers use cookies. Many cookies contain a unique identifier called a cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string that can be used to assign websites and servers to the specific internet browser where the cookie was stored. This allows visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain different cookies. A specific internet browser can be recognized and identified using the unique cookie ID.

By using cookies, KuxArt can provide users of this website with more user-friendly services that would not be possible without the cookie setting.

Cookies allow us to optimize the information and offers on our website in the best interest of the user. As mentioned above, cookies enable us to recognize users of our website. The purpose of this recognition is to make it easier for users to utilize our website. The user of a website that uses cookies, for example, does not have to enter their access data every time they visit the website because this is taken over by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the items that a customer has placed in the virtual shopping cart via a cookie.

The data subject can prevent the setting of cookies through our website at any time by means of a corresponding setting of the internet browser used and thus permanently deny the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programs. This is possible in all popular internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, not all functions of our website may be fully usable.

4. Collection of General Data and Information

The KuxArt website collects a series of general data and information with each visit by a data subject or an automated system. This general data and information are stored in the server's log files. The following data 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 reaches our website (so-called referrers), (4) the sub-websites accessed 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 that may be used in the event of attacks on our information technology systems.

KuxArt does not draw any conclusions about the data subject when using this general data and information. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website and its advertising, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

5. Routine Erasure and Blocking of Personal Data

The controller processes and stores personal data of the data subject only for the period necessary to achieve the storage purpose or if provided for by the European legislator or another legislator in laws or regulations to which the controller is subject to.

If the storage purpose ceases to apply or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

6. Rights of the Data Subject

a) Right to Confirmation

Every data subject has the right granted by the European legislator to obtain 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 to confirmation, he or she may at any time contact an employee of the controller.
b) Right to Access

Any person affected by the processing of personal data has the right granted by the European legislator to obtain from the controller, free of charge, information about the personal data stored about him or her and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:

the purposes of the processing
the categories of personal data being processed
the recipients or categories of recipients to whom the personal data have been or will be disclosed, particularly recipients in third countries or international organizations
where possible, the envisaged duration for which the personal data will be stored, or, if not possible, the criteria used to determine that duration
the existence of the right to rectification or erasure of personal data concerning the data subject or to the restriction of processing by the controller or the right 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
Furthermore, the data subject has the right to know whether personal data has 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 relating to the transfer.
If a data subject wishes to exercise this right of access, they can contact an employee of the data controller at any time.

c) Right to rectification

Any data subject affected by the processing of personal data has the right, as granted by the European legislator, to obtain without undue delay the rectification of inaccurate personal data concerning them. Furthermore, considering the purposes of the processing, the data subject has the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right of rectification, they can contact an employee of the data controller at any time.

d) Right to erasure (Right to be forgotten)

Any data subject affected by the processing of personal data has the right, as granted by the European legislator, to demand from the controller the erasure of personal data concerning them without undue delay, provided one of the following reasons applies and the processing is not necessary:

The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
The data subject withdraws consent on which the processing is based according to Article 6(1)(a) or Article 9(2)(a) of the GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 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 Article 21(2) of the GDPR.
The personal data have been unlawfully processed.
The erasure of personal data is necessary 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 Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by KuxArt, they can contact an employee of the data controller at any time. The employee of KuxArt will arrange for the erasure request to be complied with without undue delay.

If the personal data have been made public by KuxArt, and if our company as the data controller is obliged to erase the personal data pursuant to Article 17(1) of the GDPR, KuxArt, taking account of available technology and the cost of implementation, will take reasonable steps, including technical measures, to inform other data controllers processing the published personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not necessary. The employee of KuxArt will arrange the necessary measures on a case-by-case basis.

e) Right to restriction of processing

Any individual whose personal data is being processed has the right, as granted by the European legislator, to request the restriction of processing from the data controller if any of the following conditions are met:

The accuracy of the personal data is contested by the individual, for a period allowing the data controller to verify the accuracy of the personal data.
The processing is unlawful, and the individual opposes the erasure of the personal data and instead requests the restriction of their use.
The data controller no longer needs the personal data for processing purposes, but the individual requires them for the establishment, exercise, or defense of legal claims.
The individual has objected to the processing pursuant to Article 21(1) of the General Data Protection Regulation (GDPR), pending the verification of whether the legitimate grounds of the data controller override those of the individual.

If any of the aforementioned conditions are met, and an individual wishes to request the restriction of personal data stored by KuxArt, they may contact an employee of the data controller at any time. The employee of KuxArt will arrange for the restriction of processing.

f) Right to data portability

Any individual whose personal data is being processed has the right, as granted by the European legislator, to receive the personal data concerning them, which they have provided to a data controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit those data to another data controller without hindrance from the data controller to which the personal data have been provided, where the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR, or on a contract pursuant to Article 6(1)(b) of the GDPR, and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller.

Furthermore, in exercising their right to data portability pursuant to Article 20(1) of the GDPR, the individual has the right to have the personal data transmitted directly from one data controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

To exercise the right to data portability, the individual may contact an employee of KuxArt at any time.

g) Right to object

Any individual whose personal data is being processed has the right, as granted by the European legislator, to object, on grounds relating to their particular situation, at any time to the processing of personal data concerning them, which is based on Article 6(1)(e) or (f) of the GDPR, including profiling based on those provisions.

KuxArt will no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the individual, or the processing is necessary for the establishment, exercise, or defense of legal claims.

If KuxArt processes personal data for direct marketing purposes, the individual has the right to object at any time to the processing of personal data concerning them for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the individual objects to KuxArt processing personal data for direct marketing purposes, KuxArt will no longer process the personal data for these purposes.

In addition, the individual has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them by KuxArt for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out in the public interest.

To exercise the right to object, the individual may directly contact any employee of KuxArt or another employee. Furthermore, the individual is free, in the context of the use of information society services, notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.

h) Automated individual decision-making, including profiling

Any individual whose personal data is being processed has the right, as granted by the European legislator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them, except where the decision (1) is necessary for entering into, or performance of, a contract between the individual and the data controller, or (2) is authorized by Union or Member State law to which the data controller is subject and which also lays down suitable measures to safeguard the individual's rights and freedoms and legitimate interests, or (3) is based on the individual's explicit consent.

If the decision (1) is necessary for the conclusion or fulfillment of a contract between the data subject and the data controller, or (2) is made with the explicit consent of the data subject, KuxArt takes appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, which includes at least the right to obtain the intervention of a person on the part of the data controller, to express one's own position, and to contest the decision.

If the data subject wishes to assert rights relating to automated decisions, they can contact an employee of the data controller at any time.

i) Right to withdraw consent

Any data subject affected by the processing of personal data has the right, granted by the European legislator, to withdraw consent to the processing of personal data at any time.

If the data subject wishes to exercise their right to withdraw consent, they can contact an employee of the data controller at any time.

7. Privacy policy regarding the use of Google Analytics (with anonymization function)

The data controller has integrated the Google Analytics (with anonymization function) component on this website. Google Analytics is a web analytics service. Web analytics involves the collection, gathering, and evaluation of data about the behavior of visitors to websites. A web analytics service collects data, among other things, about the website from which a data subject has accessed a website (so-called referrer), which subpages of the website were accessed or how often and for what duration a subpage was viewed. Web analytics is mainly used to optimize a website and for cost-benefit analysis of internet advertising.

The operating company of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The data controller uses the "_gat._anonymizeIp" addition for web analytics through Google Analytics. By means of this addition, the IP address of the data subject's internet connection is shortened and anonymized by Google when accessing our website from a member state of the European Union or another contracting state of the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the data and information obtained, among other things, to evaluate the use of our website, to compile online reports showing the activities on our websites, and to provide further services related to the use of our website.

Google Analytics sets a cookie on the information technology system of the data subject. The definition of cookies has already been explained above. By setting the cookie, Google is enabled to analyze the use of our website. Each time one of the individual pages of this website, which is operated by the data controller and on which a Google Analytics component has been integrated, is called up, the internet browser on the information technology system of the data subject is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical process, Google obtains knowledge of personal data, such as the IP address of the data subject, which serves, among other things, to trace the origin of visitors and clicks and subsequently enable commission settlements.

By means of the cookie, personal information, such as the access time, the location from which an access originated, and the frequency of visits to our website by the data subject, is stored. Each time our website is visited, this personal data, including the IP address of the internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may disclose this personal data collected through the technical process to third parties.

The data subject can prevent the setting of cookies through our website, as explained above, at any time by means of a corresponding setting of the internet browser used and thus 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 information technology system of the data subject. In addition, a cookie already set by Google Analytics can be deleted at any time via the internet browser or other software programs.

Furthermore, the data subject has the opportunity to object to the collection of data generated by Google Analytics that is related to the use of this website and the processing of this data by Google and to prevent such collection. To do this, the data subject must download and install a browser add-on under the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data or information regarding website visits may be transmitted to Google Analytics. The installation of the browser add-on is considered an objection by Google. If the information technology system of the data subject is deleted, formatted, or reinstalled at a later point in time, the data subject must reinstall the browser add-on to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person attributable to their sphere of influence, there is the option of reinstalling or reactivating the browser add-on.

Further information and the applicable privacy policy of Google can be found at https://www.google.com/intl/en/policies/privacy/ and http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under this link https://www.google.com/intl/en_us/analytics/.

8. Privacy policy regarding the use of YouTube

The data controller has integrated components of YouTube on this website. YouTube is an internet video portal that allows video publishers to freely post video clips and other users to view, rate, and comment on them free of charge. YouTube allows the publication of all types of videos, which is why complete films and TV shows, but also music videos, trailers, or videos made by users themselves, can be accessed via the internet portal.

The operator of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

By accessing any of the individual pages of this website operated by the data controller and on which a YouTube component (YouTube video) is integrated, the internet browser on the information technology system of the data subject is automatically prompted by the respective YouTube component to download a representation of the corresponding YouTube component from YouTube. Further information about YouTube can be found at https://www.youtube.com/yt/about/de/. As part of this technical process, YouTube and Google become aware of which specific subpage of our website is visited by the data subject.

If the data subject is simultaneously logged into YouTube, YouTube recognizes with each visit to a subpage that contains a YouTube video, which specific subpage of our website the data subject is visiting. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.

YouTube and Google receive information through the YouTube component whenever the data subject has visited our website, provided that the data subject is logged into YouTube at the time of accessing our website. This occurs regardless of whether the data subject clicks on a YouTube video or not. If the data subject does not want such information to be transmitted to YouTube and Google, they can prevent this by logging out of their YouTube account before accessing our website.

The privacy policy published by YouTube, which can be accessed at https://www.google.com/intl/en/policies/privacy/, provides information about the collection, processing, and use of personal data by YouTube and Google.

9. Legal basis for processing

Article 6(1)(a) of the General Data Protection Regulation (GDPR) serves as the legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, such as processing operations required for the delivery of goods or the provision of other services or consideration, the processing is based on Article 6(1)(b) of the GDPR. The same applies to processing operations that are necessary for carrying 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 for the fulfillment of tax obligations, the processing is based on Article 6(1)(c) of the GDPR. In rare cases, the processing of personal data may be necessary 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 to be injured and his or her name, age, health insurance data, or other vital information had to be disclosed to a doctor, hospital, or other third party. In such a case, the processing would be based on Article 6(1)(d) of the GDPR. Ultimately, processing operations could be based on Article 6(1)(f) of the GDPR. This legal basis is used for processing operations that are not covered by any of the aforementioned legal grounds if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a customer of the data controller (Recital 47, sentence 2 of the GDPR).

10. Legitimate interests pursued by the data controller or a third party

If the processing of personal data is based on Article 6(1)(f) of the GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and shareholders.

11. Duration for which the personal data will be stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After the expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the performance or initiation of a contract.

12. Legal 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 non-provision

We would like to inform you that the provision of personal data may be required by law in some cases (e.g., tax regulations) or may result from contractual obligations (e.g., information about the contracting party). In some cases, it may be necessary for a data subject to provide us with personal data in order to conclude a contract, which we would subsequently process. The data subject, for example, may be obligated to provide us with personal data when our company enters into a contract with them. Failure to provide the personal data would result in the contract with the data subject not being concluded. Before providing personal data, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract, whether there is an obligation to provide the personal data, and what consequences the non-provision of personal data would have.

13. Existence of automated decision-making

As a responsible company, we do not engage in automated decision-making or profiling.

This privacy policy was created using the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, operating as an external data protection officer in Passau, in cooperation with the lawyer for data protection law, Christian Solmecke.