We are very pleased about your interest in our company. Data protection has a particularly high priority for the management of ProKern GmbH. The use of the Internet pages of the ProKern GmbH is possible without any indication of personal data. However, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the country-specific data protection regulations applicable to the ProKern GmbH. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration.
As the controller, the ProKern GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
(a) personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter “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.
(b) the person concerned
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
Processing is any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or 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 future processing.
Profiling is any form of automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.
Pseudonymisation is the processing of personal data in such a way 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 which ensure that the personal data are not attributed to an identified or identifiable natural person.
(g) controller or person responsible for processing
The controller or person responsible for processing is 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 designation may be provided for under 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 other body to whom personal data are disclosed, whether or not a third party. However, authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law shall not be considered as recipients.
Third party means any natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorised to process the personal data.
Consent shall mean any freely given specific and informed indication of the wishes of the data subject, in the form of a declaration or other unambiguous affirmative act, by which the data subject signifies his agreement to the processing of personal data relating to him.
Name and address of the controller
The responsible party within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:
T: +43 3387 3257
F: +43 3387 2046
The data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to 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 common 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.
Collection of general data and information
The website of the ProKern GmbH collects a series of general data and information whenever a data subject or automated system calls up the website. This general data and information is stored in the server’s log files. The following data may 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 accesses our website (so-called referrer), (4) the sub-websites which are 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 serve to avert danger in the event of attacks on our information technology systems.
When using these general data and information, the ProKern GmbH does not draw any conclusions about the data subject. Rather, this information is required in order to (1) correctly deliver the content of our website, (2) optimize the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. Therefore, the ProKern GmbH analyzes anonymously collected data and information on one hand for statistical purposes and on the other hand for the purpose of increasing the data protection and data security of our enterprise, with the aim of ensuring an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.
Subscription to our newsletter
On the website of ProKern GmbH, users are given the opportunity to subscribe to our company newsletter. The personal data transmitted to the controller when the newsletter is ordered is specified in the input mask used for this purpose.
ProKern GmbH informs its customers and business partners at regular intervals by means of a newsletter about offers from the company. The newsletter of our company can only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter mailing. For legal reasons, a confirmation e-mail is sent to the e-mail address entered by a data subject for the first time for the newsletter dispatch using the double opt-in procedure. This confirmation e-mail serves to check whether the owner of the e-mail address, as the data subject, has authorised receipt of the newsletter.
When registering for the newsletter, we also store the IP address of the computer system used by the data subject at the time of registration as well as the date and time of registration, which is assigned by the Internet service provider (ISP). The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a data subject at a later date and therefore serves as a legal safeguard for the controller.
The personal data collected in the context of a registration for the newsletter will be used exclusively for sending our newsletter. Furthermore, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or a related registration, as could be the case in the event of changes to the newsletter offer or changes in the technical circumstances. No personal data collected as part of the newsletter service will be passed on to third parties. The subscription to our newsletter can be cancelled by the data subject at any time. The consent to the storage of personal data, which the data subject has given us for the newsletter dispatch, can be revoked at any time. For the purpose of revoking consent, a corresponding link can be found in each newsletter. Furthermore, it is also possible to unsubscribe from the newsletter at any time directly on the website of the controller or to inform the controller of this in another way.
The newsletters of ProKern GmbH contain so-called tracking pixels. A tracking pixel is a thumbnail graphic that is embedded in emails sent in HTML format to enable log file recording and log file analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the ProKern GmbH may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by the data subject.
Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the controller in order to optimize the newsletter dispatch and to better adapt the content of future newsletters to the interests of the data subject. This personal data will not be passed on to third parties. The persons concerned are entitled at any time to revoke the separate declaration of consent given in this regard via the double opt-in procedure. After a revocation, these personal data will be deleted by the controller. ProKern GmbH automatically interprets a cancellation of the receipt of the newsletter as a revocation.
Contact possibility via the website
The website of ProKern GmbH contains legal information that enables a quick electronic contact to our company as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data provided on a voluntary basis by a data subject to the controller will be stored for the purposes of processing or contacting the data subject. This personal data will not be passed on to third parties.
Routine deletion and blocking of personal data
The controller shall process and store personal data of the data subject only for the period necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or other legislator in laws or regulations to which the controller is subject.
If the purpose of storage no longer applies or if a storage period prescribed by the European Directive and Ordinance or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
Rights of the data subject
a) Right to confirmation
Every data subject shall have the right, granted by the European Directive and the Regulation, to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Right of access
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain at any time from the controller, free of charge, information about the personal data concerning him or her that have been stored and a copy of that information. Furthermore, the European Directive and Regulation has granted the data subject access to the following information:
- the processing purposes
- the categories of personal data processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organisations
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- the existence of the right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or the right to object to such processing
- the existence of a right of appeal to a supervisory authority
- if the personal data are not collected from the data subject: All available information on the origin of the data
- the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject
Furthermore, the data subject shall have the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. Moreover, where this is the case, the data subject shall have the right to obtain information on the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right of access, he or she may, at any time, contact any employee of the controller.
c) Right of rectification
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain the rectification without delay of inaccurate personal data concerning him or her. Furthermore, the data subject shall have the right to obtain, taking into account the purposes of the processing, the completion of any incomplete personal data, including by means of a supplementary declaration.
If a data subject wishes to exercise this right to rectify, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (right to be forgotten)
Any person concerned by the processing of personal data has the right, granted by the European Directive and the Regulation, to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following reasons applies and insofar as the processing is not necessary:
- The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
- The data subject revokes his or her consent on which the processing is based in accordance with Article 6(6). 1 letter a DS-GVO or Art. 9 para. 2(a) of the GDPR and there is no other legal basis for the processing.
- The data subject shall, in accordance with Art. 21 para. 1 DS-GVO and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(1) DS-GVO. 2 DS-GVO to object to the processing.
- The personal data have been processed unlawfully.
- The deletion of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
- The personal data have been processed in relation to information society services offered pursuant to Art. 8 para. 1 DS-GVO collected.
If one of the aforementioned reasons applies, and a data subject wishes to arrange for the deletion of personal data stored by the ProKern GmbH, he or she may, at any time, contact any employee of the controller. The employee of ProKern GmbH will ensure that the request for deletion is complied with immediately.
If the personal data has been made public by ProKern GmbH and our company is the responsible party pursuant to Art. 17 Para. 1 DS-GVO to erase personal data, ProKern GmbH shall, taking into account the available technology and the cost of implementation, implement reasonable measures, including technical measures, to inform other data controllers which process the published personal data, that the data subject has requested from those other data controllers to erase all links to or copies or replications of the personal data, unless the processing is necessary. The employee of ProKern GmbH will arrange for the necessary action to be taken in individual cases.
(e) the right to restrict processing
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain from the controller the restriction of processing where one of the following conditions is met:
- 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, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.
- The controller no longer needs the personal data for the purposes of processing, but the data subject needs it for the establishment, exercise or defence of legal claims.
- The data subject has objected to the processing pursuant to. Art. 21 para. 1 DS-GVO and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by the ProKern GmbH, he or she may, at any time, contact any employee of the controller. The employee of the ProKern GmbH will arrange the restriction of the processing.
(f) the right to data portability
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to receive the personal data concerning him or her, which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. She also has the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Art. 6 para. 1 letter a DS-GVO or Art. 9 para. 2 letter a DS-GVO or on a contract pursuant to Art. 6 para. 1(b) of the GDPR and the processing is carried out by automated means, unless the 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.
Furthermore, when exercising his or her right to data portability, the data subject shall have the right to request data portability pursuant to Art. 20 para. 1 GDPR, the right to obtain the direct transfer of personal data from one controller to another controller, where technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals.
In order to assert the right to data portability, the data subject may at any time contact any employee of the ProKern GmbH.
(g) Right to object
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Article 6(1) of the Directive. 1(e) or (f) of the Data Protection Regulation. This also applies to profiling based on these provisions.
The ProKern GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defence of legal claims.
If the ProKern GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to profiling, insofar as it is connected with such direct advertising. If the data subject objects to the ProKern GmbH to the processing for direct marketing purposes, the ProKern GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by the ProKern GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89 (1) of the Data Protection Act. 1 DS-GVO, unless such processing is necessary for the performance of a task carried out in the public interest.
In order to exercise the right to object, the data subject may directly contact any employee of the ProKern GmbH or another employee. The data subject is also free to exercise his or her right to object in the context of the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
(h) automated decisions in individual cases, including profiling
Any person concerned by the processing of personal data has the right, granted by the European Directive and the Regulation, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is permitted by Union or Member State law to which the controller is subject and that law contains suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the data controller, or (2) it is made with the data subject’s explicit consent, the ProKern GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, which include at least the right to obtain the data subject’s involvement on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact any employee of the controller.
i) Right to revoke a data protection consent
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the controller.
The controller has integrated components of the company Facebook on this website. Facebook is a social network.
A social network is a social meeting place operated on the Internet, an online community that usually allows users to communicate and interact with each other in virtual space. A social network can serve as a platform for the exchange of opinions and experiences or enable the Internet community to provide personal or company-related information. Facebook allows users of the social network to create private profiles, upload photos and network via friend requests, among other features.
Facebook’s operating company is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. If a data subject lives outside the USA or Canada, the data controller is Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
By each call of one of the individual pages of this website, which is operated by the controller and on which a Facebook component (Facebook plug-in) has been integrated, the internet browser on the information technology system of the data subject is automatically caused by the respective Facebook component to download a representation of the corresponding Facebook component from Facebook. A complete overview of all Facebook plug-ins can be found at https://developers.facebook.com/docs/plugins/?locale=de_DE. Within the framework of this technical procedure, Facebook receives information about which specific sub-page of our website is visited by the person concerned.
If the data subject is logged into Facebook at the same time, Facebook recognises which specific sub-page of our website the data subject is visiting each time the data subject calls up our website and for the entire duration of the respective stay on our website. This information is collected by the Facebook component and assigned by Facebook to the respective Facebook account of the person concerned. If the data subject activates one of the Facebook buttons integrated on our website, for example the “Like” button, or if the data subject makes a comment, Facebook assigns this information to the personal Facebook user account of the data subject and stores this personal data.
Facebook always receives information via the Facebook component that the data subject has visited our website if the data subject is logged into Facebook at the same time as calling up our website; this takes place regardless of whether the data subject clicks on the Facebook component or not. If the data subject does not want this information to be transmitted to Facebook, he or she can prevent the transmission by logging out of his or her Facebook account before accessing our website.
Facebook’s published data policy, which is available at https://de-de.facebook.com/about/privacy/, provides information about Facebook’s collection, processing and use of personal data. Furthermore, the settings options offered by Facebook to protect the privacy of the data subject are explained there. In addition, various applications are available that make it possible to suppress data transmission to Facebook. Such applications can be used by the data subject to suppress data transmission to Facebook.
The controller has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, collation and evaluation of data about the behaviour of visitors to websites. A web analysis service collects, among other things, data about the website from which a data subject has accessed a website (so-called referrer), which sub-pages of the website have been accessed or how often and for how long a sub-page has been viewed. A web analysis is mainly used for the optimization of a website and for the 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 controller uses the addition “_gat._anonymizeIp” for web analysis via Google Analytics. By means of this addition, the IP address of the Internet connection of the person concerned is shortened and anonymised by Google if access to our Internet pages takes place from a member state of the European Union or from another state party to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyse the flow of visitors to our website. Google uses the data and information obtained, among other things, to evaluate the use of our website, to compile online reports for us showing the activities on our website and to provide other services in connection with the use of our website.
Google Analytics sets a cookie on the information technology system of the data subject. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyse the use of our website. By each call of one of the individual pages of this website, which is operated by the controller and on which a Google Analytics component has been integrated, the internet browser on the information technology system of the data subject is automatically caused by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. Within the framework of this technical procedure, Google obtains knowledge of personal data, such as the IP address of the person concerned, which Google uses, among other things, to trace the origin of the visitors and clicks and subsequently to enable commission settlements.
By means of the cookie, personal information, for example the access time, the place from which an access originated and the frequency of visits to our website by the person concerned, is stored. Each time you visit our website, this personal data, including the IP address of the internet connection used by the person concerned, 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 share this personal data collected through the technical process with third parties.
The data subject can prevent the setting of cookies by our website, as already described above, at any time by means of an appropriate 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.
Legal basis of the processing
Art. 6 I lit. a DS-GVO serves our company 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 party, as is the case, for example, with processing operations necessary for the supply of goods or the provision of any other service or consideration, the processing is based on Article 6 I lit. b GDPR. The same applies to such processing operations which are necessary for the implementation of pre-contractual measures, for example in the case of enquiries about our products or services. If our company is subject to a legal obligation through which the processing of personal data becomes necessary, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data might become necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO.
Ultimately, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, he considered that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, second sentence of the GDPR).
Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is the conduct of our business for the benefit of the well-being of all our employees and our shareholders.
Duration for which the personal data are stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of this period, the corresponding data will be routinely deleted, provided that they are no longer required for the fulfilment or initiation of the contract.
Legal or contractual requirements to provide the personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner).
Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded.
Before providing personal data by the data subject, 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 the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences of not providing the personal data would be.
Existence of automated decision making
We do not use automatic decision-making or profiling.