Data protection notice – kauflandglobalmarketplace.com

Kaufland puts the highest priority on protecting your personal data. That’s why we want to inform you how we protect your privacy when you make your personal data available to us. In addition to complying with the legal provisions on data protection applicable in Germany, we would like to use this information to commit ourselves to handling your data responsibly to ensure your privacy is protected at all times. It’s very important to us that you feel safe while visiting our site.

Under “Controller”, we have provided you with initial information about the controller, the data protection officer and any contact options. Under “General information on the use of the ‘kauflandglobalmarketplace.com’ website” is where we inform you about the information that applies to all parties. Finally, under “Rights of persons affected”, we would like to inform you about your rights as a data subject within the scope of the GDPR.

A. Controller

I. Name and address of the controller

The “controller” within the meaning of the GDPR and other national data protection laws of the member states and any other data protection law provisions is:

Kaufland Marketplace GmbH,

Head office: Stiftsbergstraße 1,
74172 Neckarsulm, Germany
Company registration number.: HR B 774318, Amtsgericht Stuttgart

II. Contact data and address of our data protection department

For any questions which address the processing of your personal data, you can contact us at the following address:

Contact data
Via e-mail:
datenschutz@kaufland-online.com

Via post:
Kaufland e-commerce GmbH
Data Protection Officer
Address for Marketplace:
Marketplace, c/o. Kaufland e-commerce Services GmbH & Co. KG
Habsburgerring 2
50674 Cologne, Germany

III. Contact data and address of the data protection officer

datenschutz süd GmbH
Dr. Christian Borchers
Wörthstraße 15
97082 Würzburg, Germany
office@datenschutz-sued.de

B. General information on using the “kauflandglobalmarketplace.com” website

It is generally possible to use this website anonymously. When you access the website, information of a general nature is automatically collected. This information includes the type of web browser, the operating system used, the domain name of your internet service provider and other similar information.

This is exclusively information that does not allow any conclusions to be drawn about your person. This data is generated when accessing any other website on the internet or app content. In other words, this is not a function specific to our website. This type of information is exclusively saved and statistically evaluated by us anonymously.

We only store your personal data if you provide it to us. We require this personal data, such as your name and e-mail address, if you subscribe to a newsletter or use the comment function on posts on our website, to name a few examples. We use the personal data collected in this way exclusively for the purpose for which you have made it available to us; in the examples above, it would be in order to send you newsletters that you subscribed to or in the context of displaying a comment under the name you have entered.

Here is a description of the process in detail:

I. Provision of the kauflandglobalmarketplace.com website and creation of log files

1. Description and scope of data processing

Each time our website is accessed, our system automatically collects data and information from the operating system of the device accessing it. The following data is collected, as long as your browser settings allow it to be transferred:
(1) Information about the browser type and version used
(2) The user’s operating system
(3) The user’s IP address
(4) Date and time of access
(5) The last website which the user’s system used to access our website

The data is stored temporarily in the log files of our system. This data is not stored with other personal data of the user.

2. Legal basis for data processing

The legal basis for the temporary storage of data and log files is art. 6 para. 1 lit. (f) GDPR.

3. Purpose of the data processing

The temporary storage of the IP address by the system is necessary to allow for delivery of the website to the user’s computer. This requires the user’s IP address to be stored for the duration of the session. Log files are stored in order to ensure the website’s functionality. We also use the data to optimise the website and ensure the security of our IT systems. These purposes constitute our legitimate interest in data processing in accordance with art. 6 para. 1 lit. f GDPR.

4. Duration of the storage period

We store this data for a period of 14 days.

5. Options for objection and removal

Collecting data for the purposes of making the website available, and storage of data in log files, is essential for the website’s operation. For this reason, there is no way for the user to opt out.

II. Use of cookies and similar technologies to process usage data

1. Description and scope of data processing

Cookies are pieces of information that are stored on your end device (laptop, tablet, smartphone, etc.) when you visit our website. Cookies do not cause any damage to your end device and do not contain any viruses, Trojans or other malware. Each cookie stores information which links it to the specific end device used. However, this does not mean that we will immediately become aware of your identity.

Cookies and the other technologies used to process usage data are deployed for the following purposes, depending on the categories of cookies/other technologies:

  • Technically necessary: These are cookies and similar technologies without which you cannot use our services (e.g. accurately displaying our website/the functions you request, to save your login in the login area etc.). You can find a list of all technically necessary technologies/cookies in use here.
    The use of technically necessary cookies and similar technologies in the “Technically necessary” category is based on section 25 para. 2 no. 2 Telecommunications and Telemedia Data Protection Act (TTDSG).
  • Functional: Using these methods allows us to take into account your actual or assumed preferences to enhance your user experience. For example, we can use your settings to display our websites in a language that suits you. Moreover, this also ensures that we do not show you products that may not be available in your region. You can find a list of all of the “Functional technologies/cookies” in use here.
  • The use of technically necessary cookies and similar technologies in the “Functional” category is based on section 25 para. 1 Telecommunications and Telemedia Data Protection Act (TTDSG). Subsequent data processing is based on your consent in accordance with art. 6 para. 1 (1 a) GDPR.
  • Statistics: These methods enable us to tailor the design of our services by producing pseudonymised statistics about how the services are used. This allows us to determine, for example, how we can customise our websites even better to match our users’ habits. You can find a list of all “Statistics technologies/cookies” in use here.
    The use of technically necessary cookies and similar technologies in the “Statistics” category is based on section 25 para. 1 TTDSG. Subsequent data processing is based on your consent in accordance with art. 6 para. 1 (1 a) GDPR.
  • Marketing: These enable us to display relevant advertising content based on an anonymised analysis of your usage behaviour. Your usage behaviour can also be tracked over various websites, browsers or devices via a user ID (unique identifier).
    If you consent to us collecting a pseudonymised user profile and forwarding it along with the pseudonymised user ID for marketing purposes, you can be contacted on other Kaufland websites and services and, if applicable, other third-party channels that correspond to your assumed interests based on your user profile. In addition, we analyse the successful display of advertising banners and your use of our Kaufland websites (e.g. advertising banners viewed or clicked on) both in order to optimise our advertisements and offers for you and other customers, and in order to provide our advertising partners with pseudonymous data for billing purposes and to optimise their marketing campaigns. Our advertising partners cannot trace this information back to you personally. If you do not give your consent or if you revoke it with effect for the future, you will only be shown random content on the corresponding banner areas on our services and websites and those of third parties. You can find a list of all “Marketing technologies/cookies” in use here.
    The use of technically necessary cookies and similar technologies in the “Marketing” category is based on section 25 para. 1 TTDSG. Subsequent data processing is based on your consent in accordance with art. 6 para. 1 (1 a) GDPR.

When cookies and similar technologies are used to process usage data, the following specific types of personal data are processed, depending on the purpose:

Technically necessary:

  • User input to retain data entered across multiple subpages (e.g. selecting your preferred shop in our store finder);
  • Authentication data to identify a user after login in order to gain access to authorised content on subsequent visits (e.g. access to the Kaufland customer account);
  • Security-relevant events (e.g. detection of multiple failed login attempts);
  • Data for the playback of multimedia content (e.g. playback of [product] videos selected by the user).

Statistics:

  • Pseudonymised user profiles with information about the use of our websites. These include in particular:
    • Browser type/version,
    • operating system used,
    • referrer URL (the previous page visited),
    • host name of the accessing computer (IP address),
    • time of the server request,
    • individual user ID and
    • triggered events on the website (surfing behaviour).
  • The IP address is regularly anonymised so that it cannot be traced back to you personally.
  • We only merge the user ID with other data about you (e.g. name, e-mail address, etc.) with your separate express consent. It is not possible for us to identify you via the user ID alone.

Marketing:

  • Pseudonymised user profiles with information about the use of our websites. These include in particular:
    • IP address,
    • individual user ID,
    • potential product interests,
    • triggered events on the website (surfing behaviour). 
  • The IP address is regularly anonymised so that it cannot be traced back to you personally.
  • We only merge the user ID with other data about you (e.g. name, e-mail address, etc.) with your separate express consent. It is not possible for us to identify you via the user ID alone. 

Recipients/categories of recipients:

As part of data processing using cookies and similar techniques for processing usage data, we may use specialised service providers, in particular from the online marketing sector. They process your data on our behalf as commissioned data processors. Each is carefully selected and contractually bound in accordance with Article 28 GDPR. All companies listed as providers in our cookie notices are, unless they have been named as (joint) controllers in this section, acting as processors for us.

Storage period/criteria for determining the storage period:

The storage period for cookies can be found in our cookie notices.

If a cookie is labelled as “Persistent” in the “Expiry” column, the cookie is stored permanently until the corresponding consent is revoked.

If a cookie is labelled as “Session” in the “Expiry” column, the cookie is stored for the duration of your visit to the site. As soon as you end the session in question or close your browser, the locally stored cookies are deleted.

1.1. Google Marketing Platform/Analytics 360

Our website uses Google Analytics: A web analysis service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, which uses technology known as “cookies”.

If individual pages of our website are accessed, the following data in particular is stored:

  • Two bytes of the IP address of the system with which the user accesses this website
  • Information on the operating system of the system used to access this website
  • Information about the browser
  • The website accessed
  • The website from which the user accessed the website (so-called referrer URL)
  • The subpages that are accessed from the accessed website
  • The time spent on the website
  • Date and time of your visit to our website

The information about the use of our website may be sent to a Google server in the USA and stored there. Google will use this information for the purpose of evaluating your use of our website, compiling reports on website activity for us and providing other services relating to website activity and internet usage. In this regard, we have made a contract with Google for job processing in accordance with Art. 28 GDPR.

If this is required by law or if third parties process this data on behalf of Google, Google will also pass this information on to these third parties. This use is anonymised or pseudonymised. You can find more information about this directly on Google.

Cross-device tracking

If you log in to the third-party provider with your own user data, the individual recognisable features of different browsers and end devices can be linked with each other. If, for example, the third-party provider has created a separate feature each for the laptop, desktop PC or smartphone or tablet you are using, these individual features can be assigned to each other as soon as you use a service of the third-party provider with your login data. In this way, the third-party provider can also target our advertising campaigns across different end devices.

Processing in a third country under data protection law

If the data is processed outside the EU or EEA in this context, please note that there is a risk that authorities may be able to access the data for security and monitoring purposes without you being informed or having the right to appeal. If we use providers in unsafe third countries and you consent, the transfer to a third country is based on Art. 49 para. 1 lit. a GDPR.

You can revoke your consent at any time via the cookie settings.

Data processing is lawful until consent is withdrawn. If you do not want Google Analytics to have any insight into your usage behaviour, as described above, you can integrate a deactivation add-on into your browser. You can find more information about this add-on and how to activate it at: https://tools.google.com/dlpage/gaoptout/.

1.2. Google Ads

Purpose of the data processing/legal basis: 

We also use retargeting technologies Google Campaign Manager 360 and Google Ads on our website. The purpose of Google services is to recognise former visitors to the websites of Google advertising partners on the basis of logged data (visit to our website including date and time, preferred language used, browser type, operating system) and to present you with advertisements tailored to your assumed interests. It is not possible for us to personally identify visitors to our site.

The legal basis for the use of this cookie technology is your consent in accordance with section 25 para. 1 TTDSG, art. 6 (1 a) GDPR.

You can revoke your consent at any time via the cookie settings.

You can view, delete or add the categories used by this technology to determine which interest-based advertising is displayed to you throughout the Google advertising network by accessing Google’s Ads Preferences Manager. You can also use this tool to object to the use of cookies for interest-based advertising in the Google advertising network altogether by downloading and installing the browser plug-in to deactivate the cookie for ad preferences. Further information on personalised ad placement via Google can also be found here.

Recipients/categories of recipients: As soon as you use the same browser program to visit other websites on the internet whose operators are also Google advertising customers, the information from the permanent Google cookie is read by these website operators (these are the websites visited using the browser) in order to display advertising content adapted to your surfing behaviour via banners.

You can revoke your consent at any time via the cookie settings.

Recipients/categories of recipients: The information generated by the LinkedIn Insight Tag about your use of this website may be processed on LinkedIn servers in the USA. There is no EU adequacy decision for the USA, which means that a lower level of data protection must be assumed in the USA than in the EU. This may mean that you may not be able to exercise your data subject rights adequately.

IV. Embedded YouTube videos

From time to time, video files can be made available for playback in a YouTube frame on some subpages or partially on the main page of kauflandglobalmarketplace.com. Playing the video means that you access the website www.youtube.de, from Google Inc., via the frame itself. We have no influence on the scope of the data and the handling of your data by Google Inc. that results from accessing the YouTube website. Google Inc. itself is legally responsible for this. Details on how Google handles your data, however, are available at the following link: https://policies.google.com/privacy?hl=en&gl=en

V. Contact form / e-mail contact / telephone calls

1. Beschreibung und Umfang der Datenverarbeitung

As a user of our website, you are able to contact us in various ways (e.g. by telephone, contact form, e-mail, fax, letter). If you choose to contact us, all data relevant to the conversation will be collected. In particular, this includes:

  • Name
  • E-mail address
  • Billing/delivery address
  • Transaction data
  • If applicable, date of birth and telephone number

When you contact us via the contact form for sellers, the following personal data in particular is collected from you:

  • Salutation (optional)
  • First name (mandatory)
  • Name (mandatory)
  • Preferred language (optional)
  • E-mail address (mandatory)
  • Telephone number (optional)
  • Company name (optional)
  • Online shop/shop link to other marketplaces (optional)
  • Details of your product range (category, brands, number of products) (optional)
  • ERP system used (optional)
  • Interest in selling on Kaufland.de (optional)
  • Interest in selling on Kaufland.pl (optional)
  • Interest in selling on Kaufland.at (optional)
  • Interest in selling on Kaufland.cz (optional)
  • Interest in selling on Kaufland.sk (optional)
  • Interest in using the FBK fulfilment service (optional)
  • Further information on the reason for contacting us (optional)
  • IP address

In order to ensure that no errors have been made when entering your e-mail address, we use what is called a double opt-in procedure: After you have entered your e-mail address in the contact form and submitted it, we will send you a confirmation link. Only when you have clicked on this confirmation link will we get in touch with you.

The user’s personal data transferred as part of the process is stored and used to process the conversation.

2. Legal basis for processing

The legal basis for processing the data is art. 6 para. 1 f) GDPR in order to be able to answer your request. If it is a contract-related question, data processing may be necessary for the fulfilment of a contract pursuant to art. 6 para. 1 lit. b) GDPR or for the implementation of pre-contractual measures taken at the request of the data subject. The legal basis for processing your personal data within the contact form is also your consent in accordance with art. 6 para. 1 a) GDPR.

The legal basis for processing your data is art. 6 para. 1 f) GDPR. The legitimate interest in this transmission lies in the interest of the group of companies in being able to correctly allocate customer enquiries and process their content in the interests of the customer.

3. Purposes of the data processing

The processing of your personal data consists of processing you establishing contact and, if applicable, the provision of information on sales on our online marketplaces as part of data processing via the contact form for sellers.

4. Recipients/categories of recipients

As a matter of principle, we do not pass on data to third parties outside the Kaufland Group. In exceptional cases, data is processed on our behalf by processors. These are carefully selected, audited by us and contractually bound in accordance with art. 28 GDPR. Furthermore, it may be necessary for us to pass on extracts of your enquiry to contractual partners (e.g. suppliers in the case of product-specific enquiries) in order to process your enquiry. However, your request will be anonymised as much as possible beforehand so that the third party cannot establish any reference to you. However, in individual cases (e.g. warranty cases) it may be necessary to pass on your personal information (e.g. to suppliers or service providers) in order to process your enquiry.

5. Duration of the storage period

Die Daten werden gelöscht, sobald sie für die Erreichung des Zweckes ihrer Erhebung nicht mehr erforderlich sind.

6. Options for objection and removal

You have the option to object to the processing of your personal data at any time. Furthermore, you can revoke your consent at any time with effect for the future. Revocation leads to the deletion of the user data collected. The conversation may then not be able to continue. Please address your enquiry in this regard to the controller named above.

C. Rights of the data subjects

If your personal data is processed, you are a data subject within the meaning of the GDPR and you are generally entitled to the following rights, provided no exceptions apply:

1. Right to information

As the data subject, you have the right to obtain confirmation from the controller as to whether or not personal data concerning you are being processed, and, when that is the case, access to the personal data and the information specified in art. 15 GDPR.

2. Right to rectification

Furthermore, as the data subject, you have the right to request from the controller without undue delay the rectification of inaccurate personal data concerning you and, where applicable, the completion of incomplete personal data (art. 16 GDPR).

3. Right to restriction of processing

Furthermore, the data subject has the right to request that the controller restrict processing where one of the conditions listed in art. 18 GDPR is met, e.g. if the data subject has objected to processing, for the duration of the review by the controller.

4. Right to erasure

Finally, as the data subject, you have the right to request that the controller erase personal data concerning you without undue delay where one of the grounds listed in art. 17 GDPR applies, e.g. if the data is no longer required for the purposes pursued (right to erasure).

5. Right to information

If you have exercised the right to rectification, erasure or restriction of processing towards the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of personal data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed about these recipients by the controller.

6. Right to data portability

You have the right to receive the personal data which concerns you, which you have provided to the controller, in a structured, commonly used and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to which the personal data was provided, where
(1) the processing is based on consent pursuant to art. 6 para. 1 lit. a) GDPR or art. 9 para. 2 lit. a) GDPR or on a contract pursuant to art. 6 para. 1 lit. b) GDPR and
(2) the processing is carried out by automated means.
In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another, where technically feasible. The freedoms and rights of other persons must not be impaired by this.
The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. Right to objection

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of article 6 para. 1 lit. e or f GDPR, including profiling based on those provisions.
The controller will no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
Notwithstanding Directive 2002/58/EC, you have the option of exercising your right to object in connection with the use of information society services by means of automated procedures using technical specifications.

8. Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent shall not affect the lawfulness of processing based on consent before its revocation.

9. Automated decision-making in individual cases 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 affects you to a similarly significant degree. This does not apply if the decision
(1) is necessary for the conclusion or fulfilment of a contract between you and the controller
(2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
(3) is made with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a) or g) GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.
In the cases referred to in (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.

10. Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, every data subject has the right to lodge a complaint with a supervisory authority if the data subject considers that the processing of personal data relating to them infringes the GDPR (art. 77 GDPR). The data subject may exercise this right before a supervisory authority in the Member State of their habitual residence, place of work or place of the alleged infringement. In (federal state) the responsible supervisory authority is:

The State Commissioner for Data Protection and Freedom of Information Baden-Württemberg

Address: Lautenschlagerstraße 20, 70173 Stuttgart, Germany
Postal address: Postfach 10 29 32, 70025 Stuttgart, Germany

Central contact
Phone: 0711 61 55 41 0
Fax: 0711 61 55 41 15
E-mail: poststelle@lfdi.bwl.de

If you have any further questions, please contact our data protection officer.