Privacy Notice

As the data controller we have prepared this privacy notice to inform you in accordance with the requirements of the EU General Data Protection Regulation 2016/679 (GDPR) about the nature, scope and purpose of the processing of personal data in relation to the services we offer on our website.
 

I. Definitions

'Controller' means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;

'Personal data' means any information relating to an identified or identifiable natural person ('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, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

'Processing' means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

'Recipient' means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing;

'Union', 'EU' or 'Member State' means the European Union or a member state of the Union.

II. General Information

1. The data controller

Klaiber GmbH Steuerberatungsgesellschaft
Gartenstrasse 5
72458 Albstadt
Deutschland
Telephone: +49 7431 9379-0
Telefax: +49 7431 9379-50
E-Mail: mail@kl-klaiber.de

2. Contact details of the Data Protection Officer

OBSECOM GmbH
Königstr. 40
70173 Stuttgart
Telephone: 0711 / 4605025-40
Telefax: 0711 / 4605025-49
E-Mail: datenschutz@obsecom.de
Webseite: https://www.obsecom.eu

3. Legal bases

We process personal data based on at least one of the following legal bases:

  • The data subject has given consent to the processing of his or her personal data for one or more specific purposes (Art. 6 (1)(a) GDPR);
  • Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (Art. 6(1)(b) GDPR);
  • Processing is necessary for compliance with a legal obligation to which we are subject (Art. 6 (1)(c) GDPR);
  • Processing is necessary in order to protect the vital interests of the data subject or of another natural person (Art. 6 (1)(d) GDPR);
  • Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party (Art. 6 (1)(f) GDPR)

In this privacy policy we refer to the respective legal basis of the individual data processing operations.

4. Onward transfer of personal data

We forward personal data to recipients (data processors or other third parties) only to the extent required and only if one of the subsequent conditions are met:

  • the data subject has consented to the data transfer;
  • the onward transfer is required to fulfil a contractual obligation or pre-contractual measure on the request of the data subject;
  • we are obliged by law to make such a transfer;
  • The onward transfer is made on the basis of our legitimate interest or those of a third party.

 

5. Third countries

The transfer of personal data to a third country or an international organisation outside the EU or the European Economic Area (EEA) is subject to legal or contractual permission only in accordance with the provisions under Art. 44 et seq. GDPR. Pursuant to Art. 45 GDPR an adequacy decision of the EU commission must be present for the respective country, or appropriate safeguards for data privacy under Art. 46 GDPR, or Binding Corporate Rules under Art. 47 GDPR must exist. In individual cases, a data transfer may be permitted on the basis of an exception under Art. 49 GDPR.

We may use on our website external services provided by organisations based in the USA. If these services are active, personal data is collected in connection with the provision of the relevant service and may be transferred to and stored on servers in the USA. The European Court of Justice considers the USA to have an inadequate level of data protection. When data is transferred to the US, there is a fundamental risk that the US authorities may access and use the data for surveillance and monitoring purposes without notification and without the possibility of a legal remedy.

6. Rights of data subjects

As a data subject you have the following right:

  • Pursuant to Art. 15 GDPR to request information about your personal data processed by us. You may also request information regarding the purposes of the processing, the categories of personal data concerned, the recipients or categories of recipients to whom the personal data have been or will be disclosed, the envisaged period for which the personal data will be stored or the criteria used to determine that period, the data source (where personal data is not collected from you), the existence of automated decision-making, including profiling, and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing; the existence of the right to request rectification or erasure of data concerning you, the right to restrict processing or to object to such processing, the right to lodge a complaint with a supervisory authority. Finally, you have a right to know whether personal data has been transferred to a third country or to an international organisation, and, if so, the appropriate safeguards relating to this transfer;
  • Pursuant to Art. 16 GDPR to demand the immediate rectification of inaccurate personal data and to have incomplete personal data which is stored by us completed;
  • Pursuant to Art. 17 GDPR to demand the erasure of your personal data stored by us, unless the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defence of a legal claim.
  • Pursuant to Art. 18 GDPR to request the restriction of the processing of your personal data if the accuracy of the personal data is contested by you; the processing is unlawful but you oppose the erasure of the personal data and request the restriction of their use instead; we no longer need the personal data for the purposes of the processing but they are required by you for the establishment, exercise or defence of legal claims; you have objected to processing pursuant to Art. 21 (1) GDPR pending the verification whether our legitimate grounds override your interests;
  • Pursuant to Art. 20 GDPR to receive your personal data, which you have provided for us, in a structured, commonly used and machine-readable format and have the right to transmit this data to another controller;
  • Pursuant to Art. 21 GDPR to object to the processing of your personal data on grounds relating to your particular situation, or if you object to processing for direct marketing purposes and the legal basis for processing is our legitimate interests pursuant to Art. 6 (1)(f) GDPR;
  • Pursuant to Art. 7 (3) GDPR to withdraw your consent given to us at any time. As a result, we are no longer allowed to continue to process the data that was based on this consent in the future;
  • Pursuant to Art. 77 GDPR to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement. A list of contact details of the data protection officers and supervisory authorities can be found on this website: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.

If you wish to assert the data subject rights mentioned above, you can contact us or our data protection officer at any time using the contact details above.

7. Erasure and restriction of personal data

Unless otherwise provided for in this privacy notice, personal data will be deleted, if this data is no longer necessary in relation to the purposes for which they were collected or otherwise processed and the deletion does not conflict with statutory retention requirements. In addition, we will erase the personal data processed by us in accordance with Art. 17 GDPR on your request, if the conditions provided therein are met. If personal data are required for other lawful purposes, they will not be erased, but their processing will be restricted in accordance with Art. 18 GDPR. In case of restriction, the data will not be processed for other purposes. This applies, for example, to personal data that must be retained by us for commercial or tax law reasons. For example, data must be kept for 6 years pursuant to Section 257 (1) Nos. 2 and 3 German Commercial Code (HGB) and Section 147 (1) Nos. 2, 3, 5 German Tax Code (AO); data must be kept for 10 years pursuant to Section 257 (1) Nos. 1 and 4 HGB and Section 147 (1) No. 1, 4, 4a AO.

8. Cookies

Our website uses cookies. Cookies are small text files that your browser automatically creates and stores on your device (laptop, tablet, smartphone, PC, etc.) when you visit our website. Cookies do no harm to your device, nor do they contain any viruses or other malicious software. The cookie stores information which is created in relation to the specific device you are using. However, this does not mean that we become immediately aware of your identity. Cookies are mainly used to make the website more user-friendly, effective and secure.

We use the following cookies on our web site:

1. Necessary cookies

The data processed by necessary cookies are required for the aforementioned purposes to protect our legitimate interests and those of third parties in the provision and operation of our website in accordance with Art. 6 (1)(f) GDPR.

Name:

PHPSESSID

Purpose:

Created at the start of a user session and stores the name of the session. This session cookie is used to recognise the user session.

Expires:

End of Session

Sample content:

3cm12d11d14fg0ssklulk1k274

Further information:

www.php-faq.de/q/q-sessions-id.html

Name:

resolution

Purpose:

Saves the screen resolution

Expires:

End of Session

Sample content:

1240

 

Most browsers accept cookies automatically. However, if you do not wish to accept cookies, you can configure your browser so that no cookies are stored on your device or a message is displayed before new cookies are created. Information on how to remove cookies in Internet Explorer / Edge, please refer to: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies. Information on the removal of cookies in Firefox, please refer to: https://support.mozilla.org/en-US/kb/clear-cookies-and-site-data-firefox?redirectlocale=en-US&redirectslug=delete-cookies-remove-info-websites-stored. Learn how to remove cookies in Safari here: https://support.apple.com/en-gb/guide/safari/sfri11471/mac.

A general objection to the use of cookies used for online marketing purposes can be made for a variety of services, as explained at http://www.youronlinechoices.com/ or the opt-out page of the Network Advertising Initiative http://optout.networkadvertising.org. However, disabling cookies may mean that you may not be able to use all the features of our website.

 

 

III. Individual processing operations

1. Hosting

In order to make our website available, we use services provided by hosting companies, such as: Provision of web servers, disk space, database services, and security or maintenance services. Here we, or our hosting providers, process personal data of website visitors based on our legitimate interests in providing efficient and secure access to our website in accordance with Art. 6 (1)(f) GDPR.

2. Access data and log files

By visiting our website or its individual pages, your device's internet browser automatically sends information to the server of our website. This information is stored in so-called log files by us or our hosting provider and will be deleted after 7 Days at the latest.

The following information is stored:

  • IP address of the requesting computer;
  • Date and time of access;
  • Name and URL of the requested file;
  • Website from which our site was accessed (Referrer-URL);
  • The browser used and your computer's operating system;
  • Status codes and the transferred amount of data;
  • Name of your access providers.

This data will be used for the following purposes:

  • The provision of our website, including all of its features and contents;
  • To ensure a smooth connection to our website;
  • To ensure a more user-friendly experience on our website;
  • To ensure system security and stability;
  • For anonymised statistical evaluation of website access;
  • To optimise our website;
  • For disclosure to law enforcement authorities in the event of unlawful interference / attacks on our systems;
  • For further administrative purposes.

The legal basis for data processing is Art. 6 (1)(f) GDPR. Our legitimate interest relates to the data collection purposes mentioned above. Under no circumstances will we use the personal data collected for the purpose of drawing conclusions about a person.

3. General means of contact

If you contact us using the contact details published on our website (for example, by e-mail) and in this context provide us with personal data, we will use this data to process your request on the basis of Art. 6 (1)(b) GDPR, if your request is related to the performance of a contract or is required to perform pre-contractual action. In all other cases, processing is based on your consent in accordance with Art. 6 (1)(a) GDPR and / or our legitimate interest in the effective processing of requests addressed to us pursuant to Art. 6 (1)(f) GDPR. We will store your personal data until you ask us for deletion, revoke your consent to the storage, or the data are no longer necessary for the purpose for which they were collected (for example, after completion of your request). Mandatory statutory provisions - especially retention periods - remain thereof unaffected.

4. Contact form

If you use the contact form, you will be asked to provide your e-mail address, Name , Anschrift and any other contact details, so that we can get in touch with you. Further information can be provided voluntarily. The data processing for the purpose of contacting us and answering your request takes place in accordance with Art. 6 (1)(a) GDPR based on your voluntary consent. All personal data collected in connection with the contact form will be deleted after your request has been processed, unless further storage is required for the documentation of other transactions (for example, subsequent conclusion of a contract).

5. E-Mail direct marketing to customers

If you are an existing customer and we have received your e-mail address in connection with the sale of goods or services, we may use your name, e-mail address, your company affiliation if you are interacting on behalf of a company, and the type of goods or services you purchased from us for the direct marketing of our own similar goods or services. This only applies if you have not objected and we clearly and unequivocally have advised you of the possibility of objection at the time of collecting the e-mail address, and every time we use it thereafter. The legal basis of processing is our legitimate interest in direct marketing according to Art. 6 (1)(f) GDPR. We will store the personal data until you object to the processing.

6. Newsletter

If you would like to receive our newsletter we require your e-mail address and name. The data processing for the purpose of sending the newsletter takes place in accordance with Art. 6 (1)(a) GDPR based on your voluntary consent by means of the so-called double-opt-in procedure. The e-mail address will be used and stored for this purpose until you withdraw your consent or unsubscribe from receiving the newsletter. You can unsubscribe at any time, for example by using the link at the bottom of each newsletter. You can also send your withdrawal/unsubscribe request at any time to the e-mail address given under Clause II.

We embed a so-called counting pixel into our newsletters. A counting pixel is a miniature graphic embedded in the HTML format of the newsletter to allow us an analysis of the reader's reading behaviour. In this context, we gather information on whether, and at what time, a newsletter was opened by you and which of the links contained in the newsletter were accessed by you. We use this data to generate statistical evaluations of the success or failure of a marketing campaign to optimize the distribution of our newsletters and to better tailor the content of future newsletters to your interests. The collected data will not be passed on to third parties and will be deleted after the statistical evaluation.

7. Newspublisher, Newsletter and Klaiber App

We use WiaDok to send our newsletter and publish tax related news on our website and the Klaiber App. The provider is WIADOK KG, Am Speicher 2, 49090 Osnabrück (hereinafter "WiaDok"). WiaDok is used for content processing, publishing information on various media channels and for sending and measuring the reach of our newsletters. For this purpose, your e-mail address and, if applicable, other data required by WiaDok for the provision of the newsletter are processed on our behalf. The legal basis of the processing by WiaDok is Art. 6 (1)(f) GDPR. Our legitimate interest is the effective management of information and the use of a user-friendly and secure newsletter system. For more information on how WiaDok handles your personal data, please refer to the relevant privacy policy: https://www.wiadok.de/datenschutz/ .

8. Job applications

If you use our form to apply for a job, you will be asked to provide your name, contact information and further application documents so that we can review your application and contact you. The data processing for the purpose of processing your application is carried out in accordance with Art. 6 (1)(a) GDPR based on your voluntary consent. Taking into account the limitation periods of the General Equal Treatment Act (AGG), application documents will be kept for a period of 6 months after completion of the application process and then deleted, unless storage is required for the documentation of other operations (for example, subsequent recruitment).

9. Links to social media profiles

On our website we refer with hyperlinks to social media profiles in social networks. When you actively click on a link to such a profile, your browser establishes a direct connection with servers of the respective social media network, whereby the provider obtains knowledge of your visit. If you are simultaneously logged in to the respective social network, the provider can assign the visit to the profile to your user account. In this context, personal data may be processed in the USA. For more information on the processing of personal data, please refer to the privacy policy of the respective social media network. The purpose of linking our website to social media profiles is to increase the visibility of our website. Clicking on a social media link takes place on the basis of your voluntary decision in accordance with Art. 6 (1)(a) GDPR. The legal basis for any data transfer to the USA is also your voluntarily given consent according to Art. 49. (1)(a) GDPR.