Last updated: 1 July 2005
1.1. These General Terms and Conditions (hereinafter referred to as GTCs) apply to all current and future business transactions between us and the other contractual party (hereinafter referred to as Customer) and to all services and deliveries, even if subsequent contractual relations do not involve their express inclusion and handover. The Customer’s general terms and conditions only apply insofar as we give our express written consent to them; for the rest we hereby expressly reject them. Any subsidiary agreements, reservations or amendments to the Contract or these GTCs must be confirmed by us in writing in order to be valid.
1.2. German law applies exclusively; in particular the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) are not applicable.
1.3. Our offers in whatever form submitted are always subject to confirmation. They should be considered only as a request to submit an offer. Contracts, irrespective of where initiated and by whom, will only be binding on us following our written confirmation together with the contents of the confirmation supplemented with these GTCs. Should there be no written confirmation, the Contract will become binding when the commission or order is executed; in this case the delivery note or invoice will be considered to be the written order confirmation.
1.4. The nature of the object of the Contract, also with regard to dimensions, weight, depiction etc., is defined exclusively by the relevant written agreements/order confirmation documents, without these representing a guarantee for the nature of the object or work. Details contained in other documents, e.g. brochures, price lists, assembly diagrams are not binding. We must give our express written consent before providing a guarantee.
1.5. We reserve all property rights and copyright without limitation to the use of the documents that we supply (quotations, drawings etc.). Such documents may only be made available to third parties with our prior consent. They must be returned to us on request unless the Customer has justifiable interests to the contrary.
2.1. Our prices are for the net value of the goods/services without any service performance at the Customer’s location and exclude the legally applicable rate of VAT. They are quoted ex factory or ex warehouse, loaded on collection vehicle, and do not include costs, packaging, freight, shipment, interim storage, any insurance that the Customer may desire etc.
2.2. Part payments in an acceptable amount may be required for services/deliveries performed or held in stock. Part deliveries, which are permitted to an acceptable extent, can be billed immediately and are individually payable immediately.
2.3. It is only possible to offset our claims with undisputed or legally established counterclaims. No right of retention arising from other transactions of the current contractual relationship may be applied Any assignment of claims requires our written consent.
2.4. If specific remuneration has not been agreed, the remuneration demanded by us on the day of performance shall be considered to apply.
2.5. We are entitled, in appropriate application of Art. 648 a, subsections 1, 2, 3, 5 and 7 of the German Civil Code (BGB), to demand security for services to be rendered including relevant incidental service charges.
3.1. Delivery dates/periods specified or confirmed by us are without obligation and merely indicate an approximate point in time unless they have been expressly designated and confirmed by us as binding. In any case the delivery period will not begin to apply until the Customer has met his/her duty to cooperate in full and in good time, in particular by punctually submitting all customer-specific details for the ordered goods. It will be extended by the period with which the customer is in default in meeting his/her contractual obligations, including those connected with other Contracts in the context of the current business relationship.
For-make-and-hold orders, the call order must be placed at an adequate interval prior to the desired delivery data; we may demand that the customer specify the desired delivery date at the latest three weeks following conclusion of the contract.
3.2. All execution and delivery dates will be prolonged commensurately – even if we are behind schedule – in the case of force majeure and when any hindrances occur beyond our control. Delivery of the goods to the Customer is subject to correct and punctual supply to ourselves. We will inform the Customer immediately if the delivery item is not available and, in the event of cancellation, we will refund any corresponding payment immediately.
3.3. The Customer may only withdraw from the contract if, in the event of a delay in delivery, he/she has set us an adequate extension period amounting to at least 3 weeks and we fail to perform our obligations within this period.
3.4. For delays in meeting our obligations we shall be liable in cases of intent or gross negligence on our part or on the part of a representative or vicarious agent in line with legal provisions. However, in cases of gross negligence our liability shall be limited to foreseeable damage typical for this type of contract, unless one of the exceptions listed in clause 5 of this provision applies. For the rest, our liability for delay in meeting obligations for damages incidental to performance and damages in lieu of performance shall be limited to 5 % of the price for that part of performance that could not be put into intended operation due to the delay. All further claims on the part of the Customer are excluded – also after expiry of a deadline for performance that was set for us. The aforementioned restrictions do not apply to liability for damage to life, body or health.
4.1. If we are commissioned to arrange delivery or shipment, we will have the right to choose the route and means of transport.
4.2. Transport will be at the Customer’s risk even if delivery carriage paid is agreed. Risk will pass to the Customer as soon as the consignment is made ready for dispatch or collection at our factory at the beginning of the dispatch/loading process, even for carriage-free delivery.
4.3. We are entitled to choose the type of packaging. Non-returnable packaging will be charged and becomes the Customer’s property with the transfer of risk. They will not be taken back. Re-usable loading aids will be charged to account and must be returned by the Customer at his/her own cost. Damage and loss must be replaced by the Customer.
4.4. If dispatch or delivery is delayed for reasons for which the Customer is liable, or if the Customer delays acceptance of the goods for other reasons, risk will be transferred to the Customer at the beginning of the delay.
The following securities shall be granted to us until all claims have been settled (including all open balances on the current account) that are due to us now or in future on any legal grounds. We shall release these securities on request at our option if their realisable value, including securities granted outside these provisions, effectively exceeds the value of the claims by more than 10 %.
5.1. The goods (goods to which we reserve title) remain our property and must be stored by the Customer at his/her own cost and risk separately and correspondingly labelled.
5.2. Part payments for delivered goods do not cause a transfer of title, not even partially.
5.3. Any processing, reworking or change of goods to which we reserve title is always effected for us as manufacturer, but without any liability for us, in particular without any guarantee on our part. The processed, reworked or changed goods are also deemed to be goods to which we reserve title in the sense of these provisions. Should our (co-)ownership cease due to combination or processing with other objects that do not belong to us, it is agreed that the Customer’s co-ownership of the aggregate object shall be transferred to us in the proportion of the value (proportion of the invoice value of the goods to which we reserve title to the invoice value of the other goods used). The Customer shall store our (co-)owned property safely and free of charge. Goods to which we have a right of (co-)ownership are also designated goods to which we reserve title in the following.
5.4. Supplemental to the provisions concerning right of retention, should the goods to which we reserve title be installed in a third-party product/vehicle, the Customer shall assign to us any claim that he/she may have to a security mortgage on a third party’s property in accordance with Art. 648 of the German Civil Code (BGB) in the amount of the claim secured by the right of retention.
5.5. Subject to revocation, the Customer is entitled to process and sell the goods to which we reserve title in the normal line
of business. Selling the goods also includes installing them in a building provided the conditions of Section 5.8 Clause 1 apply and on further condition that he/she also make arrangements regarding the retention of title and the extended retention of title that correspond to these arrangements between him/her and us. Pledging or transferring the goods to which we reserve title by way of security is not permitted.
The Customer assigns to us any future claims relating to the goods to which we reserve title from the resale, reworking or other legal reasons (e.g. insurance, illicit action etc) – including all open balances on the current account – if necessary as a proportion of the value (Section 5.3), and consents to their being paid out to us direct. We herewith accept this assignment. We hereby revocably authorise the Customer to collect claims assigned to us. This authorisation to collect can be revoked in the event of circumstances that give us power to collect in accordance with Section 5.6. The Customer is obliged to disclose the name of the third-party debtor and to inform him/her of this assignment. A disposal of such assigned claims in the way of further assignment, including factoring, is subject to our consent.
5.6. We are entitled to collect the claims if the conditions contained in Section 5.8. Clause 1 exist, whereby the Customer forfeits his/her right to resell or rework the goods. The collected claim will only be utilised to the extent that it is necessary to meet any residual claims including interest and costs.
5.7. When third parties avail themselves of the goods to which we reserve title the Customer shall indicate that they are our property and shall inform us immediately.
5.8. The Customer shall forfeit the right to resell or rework the goods in accordance with Section 5.5 in the event that payment is endangered in accordance with Art. 321 of the German Civil Code (BGB), unless the customer can prove the contrary, or in the event of other behaviour that is in breach of contract. In such cases we are also entitled to withdraw from the contract and to take possession of the goods to which we reserve title and to enter the Customer’s factory premises for this purpose. The Customer must handover the goods to which we reserve title immediately on demand and, where applicable, to assign to us any claims for the handover thereof vis-à-vis third parties.
5.9. All securities also cover such claims that may be based by a liquidator on the exercise of his/her rights in accordance with Art. 103 of the German Insolvency Code (InsO).
5.10. The Customer is obliged at his/her own cost to take out and maintain adequate insurance against all risks for the goods that are subject to retention of title He/she herewith consents to the disbursement of insurance payments to us.
5.11. Should the Customer breach his/her obligations, in particular should he/she delay payment, we will be entitled to demand the immediate surrender of the delivered items and/or to withdraw from the contract without notice. Demanding the surrender of goods does not constitute withdrawal from the contract unless this is expressly declared.
6.1. The Customer is obliged to inspect and test the goods carefully immediately on arrival, even in the event of part delivery. This is particularly necessary because such a test cannot be performed by us, e.g. when components are supplied.
We must be informed in writing of any defects found in the course such inspections/tests and of all visible defects within 10 days of delivery, and in any case before the goods are installed, processed or reworked. Any other obligations incumbent upon on the Customer arising from Art. 377 of the German Commercial Code (HGB) remain unaffected. Should the Customer infringe these provisions, his/her rights will lapse unless the requirements of Art. 444/639 of the German Civil Code (BGB) apply. A similar case applies to defects that are not visible and to defects that are not found during inspection/testing from the moment that they are recognised.
6.2. The Customer is still obliged to accept the goods and store them appropriately in the event of a notice of defect. Before disposing of, processing, destroying etc. the goods the Customer must give us the opportunity to examine the defects complained of and, if necessary, to conduct an independent process to gather evidence, unless this is unreasonable for the Customer and no evidence is lost. Otherwise the Customer’s rights will lapse, unless the requirements of Art. 444/639 of the German Civil Code (BGB) apply.
6.3. Deviations in dimensions, contents, weight or colour that are commercially standard practice, caused by the production process or are due to the type of material are not deemed to be defects unless the requirements of Art. 444/639 of the German Civil Code (BGB) apply. DIN standards and our factory standards apply to any tolerances, if such exist.
6.4. Warranty for defects due to the Customer’s information, calculations and documentation is excluded unless the requirements of Art. 444/639 of the German Civil Code (BGB) apply.
6.5. We provide warranty for the period of one year beginning with the transfer of risk unless a longer period is legally stipulated, e.g. in cases of fraudulent intent.
6.6. Warranty for defects initially involves supplementary performance at our option (remedy of defects or replacement). Should supplementary performance fail, or if it is unreasonable for the Customer, the Customer may demand reduction or may withdraw from the contract. The right of withdrawal is excluded for minor defects/contractual infringements. Any further claims against us or our agents, in particular for damages including reimbursement of expenses, irrespective of legal reasons, are excluded, unless we or our agents have acted grossly negligently, personal injury occurs, the requirements of Art. 444/639 of the German Civil Code (BGB) apply, there is an infringement of contractual obligations that are in keeping with its character, or we are necessarily liable for other reasons, e.g. according to the Product Liability Act.
If compensation claims are not excluded by the foregoing, they shall become time-barred when the time limitation for defects in quality expires in accordance with the preceding Section 6.7. with the exception of claims for damages according to the Product Liability Act, provided the legal provisions regarding statutes of limitations apply.
6.7. The Customer will bear any expenses incurred for the purpose of supplementary performance insofar as they are incurred through the delivery/service being transferred to a different location from the original place of delivery. This also applies when the transfer accords with conventional use.
6.8. We are not liable for defects in the quality of supplies and components that we obtain from third parties and pass on to the Customer unchanged; warranty and compensation claims are therefore excluded. Liability for intent or negligence is governed by Section 3.4 accordingly. Those components that we simply install in the product that we supply are also deemed to be passed on as unchanged. We are prepared, at the Customer’s request, to assign to the Customer any claims against our suppliers which we may be entitled to, however limited to the extent that such claims have arisen for the Customer due to defects in quality.
Should we withdraw from the contract for reasons for which the Customer is liable, in particular subject to the requirements of Art. 321 of the German Civil Code (BGB), we shall be entitled to require a lump sum compensation payment amounting to 20 % of the agreed price unless the Customer proves a lower level of damage or that no damage has been incurred. Our right to claim compensation upon proof of higher damage incurred remains unaffected.
8.1. Place of fulfilment is our supplying factory.
8.2. Provided the requirements of Art. 38 of the German Code of Civil Procedure (ZPO) apply, the place of jurisdiction is our place of business in Nördlingen (Nördlingen district court / Augsburg regional court), including for actions relating to cheques and other notes.
8.3. Should individual provisions of the Contract with the Customer be or become completely or partially invalid, the validity of the remaining provisions shall not be affected. The completely or partially invalid provision must be replaced by one whose economic intent comes closest to that of the invalid one. The same applies to any possible omission in the Contract.
1. An overview of data protection
The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit this website. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.
Data recording on this website
Who is the responsible party for the recording of data on this website (i.e. the “controller”)?
The data on this website is processed by the operator of the website, whose contact information is available under section “Information Required by Law” on this website.
How do we record your data?
We collect your data as a result of your sharing of your data with us. This may, for instance be information you enter into our contact form.
Other data shall be recorded by our IT systems automatically or after you consent to its recording during your website visit. This data comprises primarily technical information (e.g. web browser, operating system or time the site was accessed). This information is recorded automatically when you access this website.
What are the purposes we use your data for?
A portion of the information is generated to guarantee the error free provision of the website. Other data may be used to analyze your user patterns.
What rights do you have as far as your information is concerned?
You have the right to receive information about the source, recipients and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data are rectified or eradicated. If you have consented to data processing, you have the option to revoke this consent at any time, which shall affect all future data processing. Moreover, you have the right to demand that the processing of your data be restricted under certain circumstances. Furthermore, you have the right to log a complaint with the competent supervising agency.
Please do not hesitate to contact us at any time under the address disclosed in section “Information Required by Law” on this website if you have questions about this or any other data protection related issues.
Analysis tools and tools provided by third parties
There is a possibility that your browsing patterns will be statistically analyzed when your visit this website. Such analyses are performed primarily with what we refer to as analysis programs.
For detailed information about these analysis programs please consult our Data Protection Declaration below.
2. Hosting and Content Delivery Networks (CDN)
This website is hosted by an external service provider (host). Personal data collected on this website are stored on the servers of the host. These may include, but are not limited to, IP addresses, contact requests, metadata and communications, contract information, contact information, names, web page access, and other data generated through a web site.
The host is used for the purpose of fulfilling the contract with our potential and existing customers (Art. 6 para. 1 lit. b GDPR) and in the interest of secure, fast and efficient provision of our online services by a professional provider (Art. 6 para. 1 lit. f GDPR).
Our host will only process your data to the extent necessary to fulfil its performance obligations and to follow our instructions with respect to such data.
We are using the following host:
Hetzner Online GmbH
91710 Gunzenhausen, Deutschland
Tel.: +49 (0)9831 505-0
Execution of a contract data processing agreement
In order to guarantee processing in compliance with data protection regulations, we have concluded an order processing contract with our host.
3. General information and mandatory information
The operators of this website and its pages take the protection of your personal data very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Data Protection Declaration.
Whenever you use this website, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Data Protection Declaration explains which data we collect as well as the purposes we use this data for. It also explains how, and for which purpose the information is collected.
We herewith advise you that the transmission of data via the Internet (i.e. through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third-party access.
Information about the responsible party (referred to as the “controller” in the GDPR)
The data processing controller on this website is:
Franz Kiel GmbH
Nürnberger Straße 62
Phone: +49 (0) 9081 2103 – 0
The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of personal data (e.g. names, e-mail addresses, etc.).
Designation of a data protection officer as mandated by law
We have appointed a data protection officer for our company.
Kutzschbach Electronic GmbH & Co. KG
Markham Str. 15
Phone: +49 9081 2503 450
Information on data transfer to the USA
Our website uses, in particular, tools from companies based in the USA. When these tools are active, your personal information may be transferred to the US servers of these companies. We must point out that the USA is not a safe third country within the meaning of EU data protection law. US companies are required to release personal data to security authorities without you as the data subject being able to take legal action against this. The possibility cannot therefore be excluded that US authorities (e.g. secret services) may process, evaluate and permanently store your data on US servers for monitoring purposes. We have no influence over these processing activities.
Revocation of your consent to the processing of data
A wide range of data processing transactions are possible only subject to your express consent. You can also revoke at any time any consent you have already given us. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.
Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)
IN THE EVENT THAT DATA ARE PROCESSED ON THE BASIS OF ART. 6 SECT. 1 LIT. E OR F GDPR, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA BASED ON GROUNDS ARISING FROM YOUR UNIQUE SITUATION. THIS ALSO APPLIES TO ANY PROFILING BASED ON THESE PROVISIONS. TO DETERMINE THE LEGAL BASIS, ON WHICH ANY PROCESSING OF DATA IS BASED, PLEASE CONSULT THIS DATA PROTECTION DECLARATION. IF YOU LOG AN OBJECTION, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA, UNLESS WE ARE IN A POSITION TO PRESENT COMPELLING PROTECTION WORTHY GROUNDS FOR THE PROCESSING OF YOUR DATA, THAT OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOMS OR IF THE PURPOSE OF THE PROCESSING IS THE CLAIMING, EXERCISING OR DEFENCE OF LEGAL ENTITLEMENTS (OBJECTION PURSUANT TO ART. 21 SECT. 1 GDPR).
IF YOUR PERSONAL DATA IS BEING PROCESSED IN ORDER TO ENGAGE IN DIRECT ADVERTISING, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR AFFECTED PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING. THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS AFFILIATED WITH SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR DIRECT ADVERTISING PURPOSES (OBJECTION PURSUANT TO ART. 21 SECT. 2 GDPR).
Right to log a complaint with the competent supervisory agency
In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.
Right to data portability
You have the right to demand that we hand over any data we automatically process on the basis of your consent or in order to fulfil a contract be handed over to you or a third party in a commonly used, machine readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.
SSL and/or TLS encryption
For security reasons and to protect the transmission of confidential content, such as purchase orders or inquiries you submit to us as the website operator, this website uses either an SSL or a TLS encryption program. You can recognize an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line.
If the SSL or TLS encryption is activated, data you transmit to us cannot be read by third parties.
Information about, rectification and eradication of data
Within the scope of the applicable statutory provisions, you have the right to at any time demand information about your archived personal data, their source and recipients as well as the purpose of the processing of your data. You may also have a right to have your data rectified or eradicated. If you have questions about this subject matter or any other questions about personal data, please do not hesitate to contact us at any time at the address provided in section “Information Required by Law.”
Right to demand processing restrictions
You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact us at any time at the address provided in section “Information Required by Law.” The right to demand restriction of processing applies in the following cases:
In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your personal data.
If the processing of your personal data was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data in lieu of demanding the eradication of this data.
If we do not need your personal data any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the processing of your personal data instead of its eradication.
If you have raised an objection pursuant to Art. 21 Sect. 1 GDPR, your rights and our rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your personal data.
If you have restricted the processing of your personal data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.
4. Recording of data on this website
Our websites and pages use what the industry refers to as “cookies.” Cookies are small text files that do not cause any damage to your device. They are either stored temporarily for the duration of a session (session cookies) or they are permanently archived on your device (permanent cookies). Session cookies are automatically deleted once you terminate your visit. Permanent cookies remain archived on your device until you actively delete them or they are automatically eradicated by your web browser.
In some cases, it is possible that third-party cookies are stored on your device once you enter our site (third-party cookies). These cookies enable you or us to take advantage of certain services offered by the third party (e.g. cookies for the processing of payment services).
Cookies have a variety of functions. Many cookies are technically essential since certain website functions would not work in the absence of the cookies (e.g. the shopping cart function or the display of videos). The purpose of other cookies may be the analysis of user patterns or the display of promotional messages.
Cookies, which are required for the performance of electronic communication transactions (required cookies) or for the provision of certain functions you want to use (functional cookies, e.g. for the shopping cart function) or those that are necessary for the optimization of the website (e.g. cookies that provide measurable insights into the web audience), shall be stored on the basis of Art. 6 Sect. 1 lit. f GDPR, unless a different legal basis is cited. The operator of the website has a legitimate interest in the storage of cookies to ensure the technically error free and optimized provision of the operator’s services. If your consent to the storage of the cookies has been requested, the respective cookies are stored exclusively on the basis of the consent obtained (Art. 6 Sect. 1 lit. a GDPR); this consent may be revoked at any time.
You have the option to set up your browser in such a manner that you will be notified any time cookies are placed and to permit the acceptance of cookies only in specific cases. You may also exclude the acceptance of cookies in certain cases or in general or activate the delete function for the automatic eradication of cookies when the browser closes. If cookies are deactivated, the functions of this website may be limited.
In the event that third-party cookies are used or if cookies are used for analytical purposes, we will separately notify you in conjunction with this Data Protection Policy and, if applicable, ask for your consent.
Cookie Consent with Borlabs Cookie
Our website uses the Borlabs cookie consent technology to obtain your consent to the storage of certain cookies in your browser and for their data privacy protection compliant documentation. The provider of this technology is Borlabs – Benjamin A. Bornschein, Georg-Wilhelm-Str. 17, 21107 Hamburg, Germany (hereinafter referred to as Borlabs).
Whenever you visit our website, a Borlabs cookie will be stored in your browser, which archives any declarations or revocations of consent you have entered. These data are not shared with the provider of the Borlabs technology.
The recorded data shall remain archived until you ask us to eradicate them, delete the Borlabs cookie on your own or the purpose of storing the data no longer exists. This shall be without prejudice to any retention obligations mandated by law. To review the details of Borlabs’ data processing policies, please visit https://de.borlabs.io/kb/welche-daten-speichert-borlabs-cookie/
Server log files
The provider of this website and its pages automatically collects and stores information in so-called server log files, which your browser communicates to us automatically. The information comprises:
The type and version of browser used
The used operating system
The hostname of the accessing computer
The time of the server inquiry
The IP address
This data is not merged with other data sources.
This data is recorded on the basis of Art. 6 Sect. 1 lit. f GDPR. The operator of the website has a legitimate interest in the technically error free depiction and the optimization of the operator’s website. In order to achieve this, server log files must be recorded.
Request by e-mail, telephone or fax
If you contact us by e-mail, telephone or fax, your request, including all resulting personal data (name, request) will be stored and processed by us for the purpose of processing your request. We do not pass these data on without your consent.
These data are processed on the basis of Art. 6 Sect. 1 lit. b GDPR if your inquiry is related to the fulfillment of a contract or is required for the performance of pre-contractual measures. In all other cases, the data are processed on the basis of our legitimate interest in the effective handling of inquiries submitted to us (Art. 6 Sect. 1 lit. f GDPR) or on the basis of your consent (Art. 6 Sect. 1 lit. a GDPR) if it has been obtained.
The data sent by you to us via contact requests remain with us until you request us to delete, revoke your consent to the storage or the purpose for the data storage lapses (e.g. after completion of your request). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.
The comment function on this website
When you use the comment function on this website, information on the time the comment was generated and your e-mail-address and, if you are not posting anonymously, the username you have selected will be archived in addition to your comments.
Storage period for comments
Comments and any affiliated information shall be stored by us and remain on this website until the content the comment pertained to has been deleted in its entirety or if the comments had to be deleted for legal reasons (e.g. insulting comments).
Comments are stored on the basis of your consent (Art. 6 Sect. 1 lit. a GDPR). You have the right to revoke at any time any consent you have already given us. To do so, all you are required to do is sent us an informal notification via e-mail. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.
5. Analysis tools and advertising
Matomo (formerly called Piwik)
This website uses the open source web analysis service Matomo. Matomo uses technologies that make it possible to recognize the user across multiple pages with the aim of analyzing the user patterns (e.g. cookies or device fingerprinting). The information recorded by Matomo about the use of this website will be stored on our server. Prior to archiving, the IP address will first be anonymized.
Through Matomo, we are able to collect and analyze data on the use of our website by website visitors. This enables us to find out, for instance, when which page views occurred and from which region they came. In addition, we collect various log files (e.g. IP address, referrer, browser and operating system used) and can measure whether our website visitors perform certain actions (e.g. clicks, purchases, etc.).
The use of this analysis tool is based on Art. 6 Sect. 1 lit. f GDPR. The website operator has a legitimate interest in the analysis of user patterns, in order to optimize the operator’s web offerings and advertising. If a corresponding agreement has been requested (e.g. an agreement to the storage of cookies), the processing takes place exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the agreement can be revoked at any time.
We host Matomo exclusively on our own servers so that all analysis data remains with us and is not passed on.
6. Plug-ins and Tools
Google Web Fonts
To ensure that fonts used on this website are uniform, this website uses so-called Web Fonts provided by Google. When you access a page on our website, your browser will load the required web fonts into your browser cache to correctly display text and fonts.
To do this, the browser you use will have to establish a connection with Google’s servers. As a result, Google will learn that your IP address was used to access this website. The use of Google Web Fonts is based on Art. 6 Sect. 1 lit. f GDPR. The website operator has a legitimate interest in a uniform presentation of the font on the operator’s website. If a respective declaration of consent has been obtained (e.g. consent to the archiving of cookies), the data will be processed exclusively on the basis of Art. 6 Sect. 1 lit. a GDPR. Any such consent may be revoked at any time.
If your browser should not support Web Fonts, a standard font installed on your computer will be used.
For more information on Google Web Fonts, please follow this link: https://developers.google.com/fonts/faq and consult Google’s Data Privacy Declaration under: https://policies.google.com/privacy?hl=en.
This page uses Font Awesome for the uniform representation of fonts and symbols. Provider is Fonticons, Inc. 6 Porter Road Apartment 3R, Cambridge, Massachusetts, USA.
When you call up a page, your browser loads the required fonts into its browser cache to display texts, fonts and symbols correctly. For this purpose, the browser you use must connect to the servers of Font Awesome. This allows Font Awesome to know that your IP address has been used to access this website. The use of Font Awesome is based on Art. 6(1)(f) GDPR. We have a legitimate interest in the uniform presentation of the typeface on our website. If consent has been requested (e.g. consent to the storage of cookies), processing will be carried out exclusively on the basis of Art. 6(1)(a) GDPR; consent may be revoked at any time.
If your browser does not support Font Awesome, a standard font from your computer will be used.
7. Custom Services
We offer website visitors the opportunity to submit job applications to us (e.g. via e-mail, via postal services on by submitting the online job application form). Below, we will brief you on the scope, purpose and use of the personal data collected from you in conjunction with the application process. We assure you that the collection, processing and use of your data will occur in compliance with the applicable data privacy rights and all other statutory provisions and that your data will always be treated as strictly confidential.
We use a portal solution from Bite GmbH for applications. By calling up the job posting page, a connection to the servers of Bite GmbH is established. The provider is Bite GmbH, Magirus-Deutz-Str. 16, 89077 Ulm. You can find more information on processing by Bite GmbH at: https://jobs.kiel-seating.com.
Scope and purpose of the collection of data
If you submit a job application to us, we will process any affiliated personal data (e.g. contact and communications data, application documents, notes taken during job interviews, etc.), if they are required to make a decision concerning the establishment or an employment relationship. The legal grounds for the aforementioned are § 26 New GDPR according to German Law (Negotiation of an Employment Relationship), Art. 6 Sect. 1 lit. b GDPR (General Contract Negotiations) and – provided you have given us your consent – Art. 6 Sect. 1 lit. a GDPR. You may revoke any consent given at any time. Within our company, your personal data will only be shared with individuals who are involved in the processing of your job application.
If your job application should result in your recruitment, the data you have submitted will be archived on the grounds of § 26 New GDPR and Art. 6 Sect. 1 lit. b GDPR for the purpose of implementing the employment relationship in our data processing system.
Data Archiving Period
If we are unable to make you a job offer or you reject a job offer or withdraw your application, we reserve the right to retain the data you have submitted on the basis of our legitimate interests (Art. 6 para. 1 lit. f GDPR) for up to 6 months from the end of the application procedure (rejection or withdrawal of the application). Afterwards the data will be deleted, and the physical application documents will be destroyed. The storage serves in particular as evidence in the event of a legal dispute. If it is evident that the data will be required after the expiry of the 6-month period (e.g. due to an impending or pending legal dispute), deletion will only take place when the purpose for further storage no longer applies.
Longer storage may also take place if you have given your agreement (Article 6 (1) (a) GDPR) or if statutory data retention requirements preclude the deletion.
Nürnberger Straße 62
Telefon: +49 (0 90 81) 21 03 – 0
Telefax: +49 (0 90 81) 21 03 – 151
Registergericht Augsburg-HRB 27295
Geschäftsführer: Gerhard Hellweg, (CEO)
Franz Kiel Gmbh is only liable for self-responsible grossly negligent errors. All images, texts and information published at www.kiel-sitze.de are subject to the Data Protection Act and are therefore the property of Franz Kiel GmbH. No liability is accepted for typing errors and mistakes.