Name and contact details of controller pursuant to Article 4(7) GDPR
Komatsu Germany GmbH
Phone: +49 (211) 7109 - 0
Data protection officer
Mr. Krebs, Bechtle
Security and protection of your personal data
We consider it our paramount responsibility to safeguard the confidentiality of the personal data you provide and to protect your data against unauthorised access. We therefore exercise the utmost caution and apply state-of-the-art security standards in order to guarantee maximum protection of your personal data.
As a private-law company, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the stipulations of the Federal Data Protection Act (BDSG). We have adopted technical and organisational measures which ensure that both we and our external agents comply with the data protection requirements.
The legislation requires that personal data be processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’). To this end, we inform you in the following of the individual legal definitions used in this privacy statement:
- Personal data
‘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.
- Restriction of processing
‘Restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in the future.
‘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 analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
‘Pseudonymisation’ 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 organisational measures to ensure that the personal data cannot be attributed to an identified or identifiable natural person.
- Filing system
‘Filing system’ means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.
‘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.
‘Processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
‘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.
- Third party
‘Third party’ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
‘Consent’ of the data subject means 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.
Lawfulness of processing
Processing of personal data shall be lawful only if and to the extent that a legal basis for such processing exists. A legal basis for the processing can, pursuant to points (a) to (f) of Article 6(1) GDPR, in particular be:
- The data subject has given consent to the processing of his or her personal data for one or more specific purposes;
- 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;
- processing is necessary for compliance with a legal obligation to which the controller is subject;
- processing is necessary in order to protect the vital interests of the data subject or of another natural person;
- processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Information on the collection of personal data
(1) The following provides information on the collection of personal data when using our website. Personal data are, for example, name, address, email address, user behaviour.
(2) When you contact us by email or using a contact form, we store the data you provide (your email address, where applicable your name and your telephone number) in order to respond to your request. The data obtained in this connection are deleted once their storage is no longer necessary, or processing is restricted insofar as statutory retention obligations exist.
Collection of personal data when using our website
When using our website solely for informational purposes, in other words if you do not register or otherwise transmit information to us, we collect only those personal data transmitted to our server by your browser. If you wish to view our website, we collect the following data which are necessary for technical reasons in order to display our website to you and to guarantee stability and security (legal basis provided for by point (f) of the first subparagraph of Art. 6(1) GDPR):
- IP address
- Date and time of the request
- Time zone difference to Greenwich Mean Time (GMT)
- Content of the request (specific page)
- Access status/HTTP status code
- Amount of data transferred per session
- Referral website
- Operating system and its interface
- Language and version of the browser software
(1) In addition to collection of the data cited above, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard disk, specifically assigned to the browser you use, through which the party setting the cookie receives certain information. Cookies can neither run applications nor transmit viruses to your computer. Their purpose is to make using the Internet easier and more effective.
(2) This website uses the following types of cookies to the extent and in the manner outlined below:
- Transient cookies (see a.)
- Persistent cookies (see b.)
- Transient cookies are deleted automatically when you close your browser. These include the session cookies, in particular. These cookies store a so-called session ID with which various requests of your browser can be assigned to the joint session. This enables your computer to be identified when you return to our website. Session cookies are deleted when you log out or close your browser.
- Persistent cookies are automatically deleted after a given time which can vary per cookie. You can delete the cookies in the security settings of your browser at any time.
- You can configure your browser settings according to your requirements and, for example, refuse to accept third party cookies or all cookies. So-called ‘third party cookies’ are cookies set by a third party, and as such not by the website the user is actually currently visiting. We draw your attention to the fact that by disabling cookies you might not be able to use all the functions of this website.
Other functions and services offered by our website
(1) Beyond the purely informational use of our website we also offer various services which you might be interested in using. In this case, you generally have to provide other personal data which we use in order to perform the corresponding service and for which the data processing principles as specified above apply.
(2) In order to process your data we sometimes use external agents. These agents have been carefully selected and commissioned by us, are bound by our instructions and are regularly monitored.
(3) We may also pass your personal data on to third parties when offering participation in actions, competitions, contract conclusions or similar services together with partners. Further information on this is available when you provide your personal data, or below in the description of the service offered.
(4) Where the registered office of our service provider or partner is located in a state outside the European Economic Area (EEA) we inform you of the consequences of this circumstance in the description of the service offered.
(1) With your consent you may sign up to our newsletter in which we inform you about our current attractive offers. The products and services advertised are specified in the declaration of consent.
(2) We use the so-called double opt-in procedure when you sign up to our newsletter. This means that following your registration we send an email to the email address you have specified, requesting you to confirm that you wish to receive the newsletter. If you do not confirm your registration within 24 hours, your information is blocked and automatically deleted after one month. We also store the IP addresses you use, as well as the times of registration and confirmation. The purpose of this procedure is to enable verification of your registration and, where necessary, to clarify any misuse of your personal data. (3) The only obligatory information to be provided in signing up to our newsletter is your email address. The provision of other, separately marked data, which is used to contact you personally, is voluntary. Once we have received your confirmation, we store your email address in order to send you our newsletter. The legal basis for this is provided for by point (f) of the first subparagraph of Art. 6(1) GDPR.
(4) You can withdraw your consent to receiving our newsletter at any time and unsubscribe from the newsletter. You can declare this withdrawal by clicking on the link provided in each newsletter email, by email to email@example.com or by sending a message to the contact details specified in the legal notice.
(5) We draw your attention to the fact that in sending you our newsletter we evaluate your user behaviour. For the purposes of this evaluation the emails sent contain so-called web beacons or tracking pixels, which are single-pixel image files stored on our website. For the evaluations we link the data specified under §3 and the web beacons with your email address and an individual ID. The data are collected exclusively in pseudonymised form, in other words the IDs are not linked with your other personal data, making it impossible to trace them to a specific user. You may withdraw your consent to this tracking at any time by clicking on the separate link provided in each email or by informing us via another means of contact. The information shall remain stored for the duration of your subscription to our newsletter. If you unsubscribe from the newsletter, we store the data in purely statistical and anonymous form.
As a general principle, our products and services are intended for use by adults. Persons under the age of 18 should not transmit personal data to us without the consent of their parents or legal guardians.
Rights of the data subject
(1) Withdrawal of consent
Insofar as the processing of personal data is based on consent having been granted, you have the right to withdraw this consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
You may contact us at any time to exercise your right to withdraw consent.
(2) Right of confirmation
You have the right to obtain from the controller confirmation as to whether or not personal data concerning you are being processed. You may request this confirmation at any time from the contact details as stated above.
(3) Right of access
Insofar as personal data are being processed, you can at any time demand access to these personal data and the following information:
- 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, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request rectification or erasure of personal data about yourself or restriction of processing by the controller or 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) 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.
Where personal data are transferred to a third country or to an international organisation, you have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer. We shall provide a copy of the personal data undergoing processing. For any further copies you request, we may charge a reasonable fee based on administrative costs. Where you make the request by electronic means, and unless you request otherwise, the information shall be provided in a commonly used electronic form. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.
(4) Right to rectification
You have the right to obtain from us without undue delay the rectification of inaccurate personal data about yourself. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
(5) Right to erasure (‘right to be forgotten’)
You have the right to obtain from the controller the erasure of your personal data without undue delay and we have the obligation to erase personal data without undue delay where one of the following grounds applies:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- The data subject withdraws consent on which the processing was based pursuant to point (a) of Article 6(1), or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing;
- The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR;
- The personal data have been unlawfully processed;
- The personal data have to be erased 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) GDPR.
Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
The right to erasure (‘right to be forgotten’) shall not apply to the extent that processing is necessary:
- for exercising the right of freedom of expression and information;
- for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- for reasons of public interest in the area of public health pursuant to points (h) and (i) of Article 9(2) as well as Article 9(3) GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) GDPR insofar as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
- for the establishment, exercise or defence of legal claims.
(6) Right to restriction of processing
You have the right to obtain from the controller restriction of processing of your personal data where one of the following applies:
- the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
- the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
- the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims; or
- the data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted in accordance with the conditions cited above, such personal data shall, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
In order to exercise the right to restriction of processing, the data subject may contact us at any time via the contact details as specified above.
(7) Right to data portability
You have the right to receive the personal data about yourself, which you have provided to us, in a structured, commonly used and machine-readable format and you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
- the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1) GDPR and
- the processing is carried out by automated means.
In exercising your right to data portability pursuant to paragraph 1, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The exercise of the right to data portability shall be without prejudice to the right to erasure (‘right to be forgotten’). That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
(8) Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data which is based on points (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where you object to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), you, on grounds relating to your particular situation, have the right to object to processing of your personal data, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
You may exercise your right to object at any time by contacting the controller concerned.
(9) Automated individual decision-making, including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This shall not apply if the decision:
- is necessary for entering into, or performance of, a contract between the data subject and the data controller;
- is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or
- is based on the data subject's explicit consent.
The data controller shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
The data subject may exercise this right at any time by contacting the controller concerned.
(10) Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you also have the right 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 if you consider that the processing of your personal data infringes this Regulation.
(11) Right to an effective judicial remedy
Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR, you have the right to an effective judicial remedy where you consider that your rights under this Regulation have been infringed as a result of the processing of your personal data in non-compliance with this Regulation.
Use of Google Analytics
(1) This website uses Google Analytics, a web analytics service provided by Google Inc. (‘Google’). Google Analytics uses ‘cookies’, which are text files placed on your computer, to enable analysis of your use of the website. The information generated by the cookie about your use of this website is generally transmitted to and stored on a Google server in the USA. Where IP anonymisation is activated on this website, however, Google will truncate your IP address for Member States of the European Union or other parties to the Agreement on the European Economic Area prior to transmission. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. On behalf of the operator of this website Google will use this information to evaluate your use of the website, compiling reports on website activity and providing other services relating to website activity and Internet usage for the website operator.
(2) The IP address transmitted by your browser within the scope of Google Analytics will not be merged with other data held by Google.
(4) This website uses Google Analytics with the extension ‘_anonymizeIp()’. This means that IP addresses are processed in truncated form, making it impossible to trace them to a specific user. Insofar as a specific user might be traced with the data collected about you, this will therefore be excluded at once and the personal data immediately deleted.
(5) We use Google Analytics to enable us to analyse and regularly improve the use of our website. The information obtained in the statistical analysis helps us to improve our service and make it more attractive for you as a user. In the exceptional cases where personal data are transferred to the USA, Google complies with the EU-US Privacy Shield https://www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is provided for by point (f) of the first subparagraph of Art. 6(1) GDPR.
(6) Third party information: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. Terms and conditions of use: www.google.com/analytics/terms/de.html, privacy overview: www.google.com/intl/de/analytics/learn/privacy.html, and the privacy statement: www.google.de/intl/de/policies/privacy.
(7) This website also uses Google Analytics for a cross device analysis of visitor flows which is implemented by a user ID. You can deactivate this cross device analysis of your use in your customer account under ‘My data’, ‘Personal data’.
Integration of Google Maps
(1) This website uses the services offered by Google Maps. This enables us to display interactive maps directly on the website, allowing you comfortable use of the map functions.
(2) When you visit the website, Google receives the information that you have accessed the corresponding subsite of our website. The data specified under §3 of this statement are also transmitted. This occurs regardless of whether or not you have a Google account and regardless of whether you are logged in to that account. If you are logged in with Google, your data will be assigned directly to your account. If you do not wish to have your data assigned to your Google profile, you must log out before activating the button. Google stores your data as usage profiles and uses them for advertising and market research purposes and/or the needs-based design of its website. This type of evaluation is carried out (even if you are not logged in) for the purpose of displaying needs-based advertising, and to inform other users of the social network about your activities on our website. You are entitled to object to the creation of these user profiles, but must contact Google in order to exercise this entitlement.
(3) Further information concerning the purpose and scope of data collection and its processing by the plugin provider can be found in the privacy statements of the provider. You will also find further information there on your rights in this respect and setting options to protect your privacy: www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and complies with the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
We use external agents (processors), for example for shipping goods, newsletters or payment transactions. Separate processing of order-related data has been agreed with the service provider in order to safeguard the privacy of your personal data.