1. Name and contact details of those responsible for data processing
CREATIONPARK Kinetics GmbH
Telefon: + 49-7031-20247-60
Geschäftsführer Oliver Nachbauer
2. Contact details of the data protection officer CREATIONPARK Kinetics GmbH
Telefon: + 49-7031-20247-60
3. Collection and storage of personal data as well as type and purpose of their use
We process personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG):
a) where processing is necessary for the performance of a contract or in order to take steps prior to entering into a contract – GDPR Article 6 paragraph 1 b)
Die The processing of data serves to facilitate the provision of services within the framework of the execution of our contracts with our customers as well as the performance of pre-contractual tasks (e.g. arranging appointments). In particular, we collect personal data if you voluntarily provide it to us in connection with your order, when contacting us (e.g. via contact form or e-mail) or when opening a customer account. The nature and extent of the data collected can be seen from the input forms in question. We use the data provided by you to process contracts and your enquiries.
b) on the basis of your consent – GDPR Article 6 paragraph 1 a)
If you have given us your consent to process personal data for specific purposes, the legality of this processing is founded upon your consent. The consent thus granted can be revoked at any time. This also applies to the revocation of declarations of consent that were given to us before the GDPR came into force, i.e. prior to 25 May 2018. The revocation of consent does not affect the legality of any data processing that took place prior to such revocation.
This legal principle applies in particular to:
If you have expressly consented according to Article 6 paragraph 1 sentence 1 point a of the GDPR and have subscribed to our newsletter, we will use your e-mail address to send you our regular e-mail newsletter.
You can unsubscribe from the newsletter at any time, either by sending a message to the contact address given below or via a link provided for this purpose in the newsletter.
–> Use of data for e-mail advertising
If you have expressly consented according to Article 6 paragraph 1 sentence 1 point a of the GDPR, we will use your e-mail address to send you regularly by e-mail offers for products from our range similar to those you have already purchased. You can object to this use of your e-mail address at any time by sending a message to the contact address given below or via a link provided for this purpose in the advertising e-mail.
–> Evaluation reminders by e-mail
If you have expressly consented according to Article 6 paragraph 1 sentence 1 point a of the GDPR, we will use your e-mail address as a reminder to submit an evaluation of your order via the evaluation system used by us. You can object to this use of your e-mail address at any time by sending a message to the contact address given below or via a link provided for this purpose in the reminder e-mail.
–> When using any of our forms
To request support, education participation or any other information or queries related to our services and products, we offer the opportunity to contact us using a form provided on the website, the knowledge center or our platform. A valid e-mail address is required for the requested response. Further information can be provided voluntarily.
The data will be processed for the purpose of contacting us in accordance with Article 6 paragraph 1 sentence 1 point a of the GDPR on the basis of your voluntary consent.
The personal data collected by us using the forms will be automatically deleted after your request has been processed.
c) in the context of the balancing of interests described in Article 6 paragraph 1 f) of the GDPR
Where this is necessary to protect our legitimate interests, our processing of your data may go beyond what is essential to the performance of the contract;
• Consultation of credit agencies (e.g. credit reform) to determine credit and enforcement risks
• Assertion, exercise or defence of legal claims
• Guarantee of our IT security (e.g. in case of virus alerts)
This legal principle applies in particular to:
– accessing our website, commercial platform, knowledge center, project platform and our technical platform
When you visit our website https://creationpark-kinetics.de or https://commercials.creationpark-kinetics.de or https://support.creationpark-kinetics.de or https://projects.creationpark-kinetics.de or https://contact.creationpark-kinetics.de, the browser on your device automatically sends information to the servers hosting the requested website. This information is temporarily stored in a so-called log file. The following information is recorded without your intervention and stored until it is automatically deleted:
• the IP address of the requesting computer;
• the date and time of access;
• the name and URL of the retrieved file;
• the website from which access is made (referrer URL);
• the browser used and, if applicable, the operating system of your computer as well as the name of your access provider.
The above-mentioned data will be processed by us for the following purposes:
• to ensure a smooth connection to the website;
• to ensure that a user-friendly experience on our website;
• for the evaluation of system security and stability;
• for other administrative purposes.
The legal basis for data processing is Article 6 paragraph 1 sentence 1 point f of the GDPR. Our legitimate interest follows from the purposes listed above for data collection. Under no circumstances do we use the data collected for the purpose of drawing conclusions about you personally.
The data processed by cookies is required for the aforementioned purposes in order to protect our legitimate interests and those of third parties pursuant to Article 6 paragraph 1 sentence 1 point f of the GDPR.
Most browsers automatically accept cookies. It is possible, in fact, to configure your browser to ensure that no cookies are stored on your computer or that a message always appears before a new cookie is created. However, if you deactivate cookies altogether, you may find yourself unable to use some of the functions of our website.
– The use of Google Analytics
For the purpose of demand-oriented design and continuous optimization of our pages, we use Google Analytics, a web analysis service provided by Google Inc. (https://www.google.de/intl/de/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter „Google“). In this context, pseudo user profiles are created and cookies (see point 4) are used. The information generated by the cookie about your use of this website such as:
• your browser type/version,
• the operating system you are using,
• the referrer URL (the page you last visited),
• the host name of the accessing computer (IP address) and
• the time of the server request,
are transferred to a Google server in the USA and stored there. This information is used to evaluate the use of the website, to compile reports on the website activities and to provide further services associated with the use of the website and the Internet for the purposes of market research and to facilitate the demand-oriented design of these Internet pages. This information may also be transferred to third parties if this is required by law or if third parties process this data on behalf of the company. Under no circumstances will your IP address be merged with other data from Google. The IP addresses are rendered anonymous so that no assignment is possible (IP masking).
You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google
by downloading and installing a browser add-on
As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent Google Analytics from collecting data by clicking on this link. An opt-out cookie is then set to prevent the collection of your data when you visit this website in future. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.
Further information on data protection in connection with Google Analytics can be found in Google’s „Analytics Help“ section (https://support.google.com/analytics/answer/6004245?hl=en).
In order to make our company better known, the underlying advertising purpose is to be regarded as a legitimate interest within the meaning of Article 6 paragraph 1 sentence 1 point f of the GDPR, we use social plug-ins of the social network Facebook. It is the responsibility of the provider, Facebook, to guarantee compliance with data-protection norms.
In order to increase the protection of your data when visiting our website, the plugins are not unrestricted, but only integrated into the page using an HTML link (so-called „Shariff solution“ from c’t). This integration ensures that no connection is established with the servers of the provider of the respective social network when a page of our website containing such plug-ins is called up. Click on one of the buttons, a new window of your browser opens and calls up the page of the respective service provider, on which you can (if necessary after entering your login data) e.g. press the Like or Share button. Facebook receives the information that your browser has called up the corresponding page of our website. This information (including your IP address) is transmitted directly from your browser to a Facebook server in the USA and stored there. Secondly, if you are logged in to Facebook, Facebook can assign your visit to our website directly to your Facebook account. If you interact with the plugins, for example by pressing the „LIKE“ or „PART“ button, the corresponding information is also transmitted directly to a Facebook server and stored there. The information is also published on Facebook and displayed to your Facebook friends. Facebook may use this information for the purposes of advertising, market research and demand-oriented design of Facebook pages. To this end, Facebook creates usage, interest and relationship profiles, e.g. to evaluate your use of our website with regard to the advertisements displayed to you on Facebook, to inform other Facebook users about your activities on our website and to provide other services associated with the use of Facebook.
If you do not want Facebook to associate the information collected through our website with your Facebook account, you must log out or not log in to Facebook before visiting our website.
To discover the purpose and scope of the data collection and the further processing and use of the data by Facebook as well as your rights and setting options for the protection of your privacy please consult Facebook’s own data policy statement (https://www.facebook.com/about/privacy/).
We have a profile on LinkedIn. The provider is LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland. LinkedIn has certification in accordance with the EU-US Privacy Shield. LinkedIn uses advertising cookies.
If you would like to disable LinkedIn advertising cookies, please use the following link:
We use the short message service Twitter. The provider is Twitter Inc, 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. Twitter has certification under the EU-US Privacy Shield.
Our website uses plugins from the YouTube site operated by Google. The operator of the pages is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA.
When you visit one of our pages equipped with a YouTube plugin, a connection to the YouTube servers is established. This tells the YouTube server which of our pages you have visited.
If you are logged into your YouTube account, you enable YouTube to assign your surfing behavior directly to your personal profile. You can prevent this by logging out of your YouTube account.
YouTube is used in the interest of an appealing presentation of our online offers. This represents a legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO.
d) To fulfill our legal obligations – Article 6 paragraph 1 point c) of the GDPR or to serve the public interest as required by Article 6 paragraph 1 point e) of the GDPR
The processing of data also takes place for the fulfillment of legal obligations towards authorities and/or third parties (tax authorities, insurance companies, statistical reporting obligations).
4. Which sources do we use?
We process personal data that we receive from you within the framework of our contractual relationship. In addition, to the extent necessary for the provision of our contractual services, we process personal data which we may obtain from publicly accessible sources (e.g. press, Internet, commercial register) or which is legitimately transmitted to us by other third parties (e.g. courts, authorities).
5. Who gets your data?
We will pass on your personal data to third parties if:
• you have given your express consent pursuant to Article 6 paragraph 1 sentence 1 point a of the GDPR,
• the disclosure pursuant to Article 6 paragraph 1 sentence 1 point f of the GDPR is necessary to assert, exercise or defend legal claims and there is no reason to assume that you have an overriding interest worthy of protection by not disclosing your data,
• in the event that a legal obligation exists for the transfer pursuant to Article 6 paragraph 1 sentence 1 point c of the GDPR, and
• is necessary for the processing of contractual relationships with you pursuant to Article 6 paragraph 1 sentence 1 point b of the GDPR.
Service providers and vicarious agents employed by us, especially contract data processors, may receive data for the following purposes. In particular:
o shipping companies
for the fulfillment of the contract we pass on your data to the shipping company commissioned with the delivery, as far as this is necessary for the delivery of ordered goods.
o payment service providers
Depending on which payment service provider you select in the order process, we pass on the payment data collected for the processing of payments to the credit institution commissioned with the payment and, if applicable, to payment service providers commissioned by us or to the selected payment service. In some cases, the selected payment service providers also collect this data themselves if you create an account there. In this case, you must log in to the payment service provider with your access data during the ordering process. The data protection declaration of the respective payment service provider applies in this respect.
6. Is data transferred to a third country or to an international organization?
Data is only transmitted to countries outside the European Union (so-called third countries) if:
• it is necessary to fulfill our contractual obligations,
• it is required by law (e.g. customs regulations) or
• your consent has been given.
7. How long will your data be stored?
If necessary, we process your personal data for the duration of our contractual relationship, which also includes the initiation and processing of a contract.
If the data are no longer necessary for the fulfillment of contractual or legal obligations, they are regularly deleted, unless you have expressly consented to further use of your data or their – limited – further processing is necessary for the following purposes:
• for the fulfillment of commercial, tax, professional and labour law storage obligations: These include the German Commercial Code (HGB) and the Tax Code (AO). The periods for storage and documentation specified there are up to ten years.
• To preserve evidence within the framework of the statutory statute of limitations. According to §§ 195ff of the German Civil Code (BGB), these limitation periods can be up to 30 years, whereby the regular limitation period is 3 years.
The deletion of your customer account is possible at any time and can take place either via a message to the contact address given below or via the function provided for this purpose by the customer account.
8. Rights of the data subject
You have the right according to the applicable laws in force:
• to request information about any personal data regarding you that is processed by us in accordance with Article 15 of the GDPR. In particular, you can obtain information about the purposes of the processing, the categories of personal data concerned, the recipients or categories of recipient to whom the personal data have been or will be disclosed, the envisaged period for which the personal data will be stored, the existence of the right to request the rectification or erasure, or restrict or object to the processing, of personal data, the origin of the data in so far as it was not collected by us, and the existence of automated decision-making, including profiling and, in certain cases, meaningful information about the logic involved;
• to request the immediate rectification of inaccurate personal data stored by us and to have incomplete personal data completed in accordance with Article 16 of the GDPR;
• to request the erasure of your personal data stored with us in accordance with Article 17 of the GDPR, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or for the establishment, exercise or defence of legal claims;
• pursuant to Article 18 of the GDPR, to restrict the processing of your personal data if you contest their accuracy, if the processing is unlawful but you oppose their erasure and request the restriction of their use instead, where we no longer require the data for the purpose of the processing but they are required by you for the establishment, exercise or defence of legal claims, or you have exercised your right to object under Article 21 of the GDPR;
• to receive the personal data concerning you, and that you have provided to us, in a structured, commonly used and machine-readable format in accordance with Article 20 of the GDPR or to have it transmitted to another controller where technically feasible;
• in accordance with Article 7 paragraph 3 of the GDPR, to withdraw your consent to us at any time. The consequence of this is that we are then no longer allowed to continue in the future processing data based on this consent, and
• to lodge a complaint with a supervisory authority pursuant to Article 77 of the GDPR. As a rule, you can turn for this purpose to a supervisory authority in the member state either of your habitual residence or of our headquarters.
9. Are you obliged to provide data?
Within the framework of our contractual relationship, you only have to provide such personal data as are necessary for the establishment, execution and termination of the contractual relationship or which we are legally obliged to collect. In the absence of such data, we will usually have to refuse the conclusion of a contract or the execution of a contract or we will no longer be able to execute an existing contract and may have to terminate it.
10. To what extent is decision-making / profiling automated?
We do not use fully automated decision-making in the sense of Article 22 of the GDPR to establish and implement the contractual relationship.
11. Current validity of, and changes to, this data protection declaration
This data protection declaration is currently valid and has the status as of May 2018.
Due to the further development of our offers or due to changed legal or official requirements, it may become necessary to change these data protection notices. You can consult and print out the current data protection information at any time on the website at www.creationpark-kinetics.de