1. Name and address of the controller

The controller for the purposes of the General Data Protection Regulation, other data protection laws in force in the member states of the European Union and other provisions of a data protection law nature:

Pestalozzistrasse 15A
80469 München
Germany

Germany
Tel.: +49 89 540 485 220
E-mail: office@kochbank.de
Website: www.kochbank.de

2. Name and address of the Data Protection Officer The controller’s Data Protection Officer is:

Dietmar Blum

Koch Wertpapierhandels GmbH

Germany

Tel.: +49 89 540 485 220

E-mail: blum@kochbank.de

Website: www.kochbank.de
3. Use of cookies

The KochBank website does not use cookies. 

4. Generation of log files

Whenever you visit the KochBank website, an automated system collects data and information which is stored in server log files. 

The following data may be collected:

(1) information about browser type and version

(2) the user’s operating system

(3) the user’s ISP

(4) the user’s IP address

(5) the date and time of access

(6) websites that have directed the user’s system to our website (referrers)

(7) websites visited by the user’s system via our website

This data is processed in order to deliver content on our website, to ensure that our IT systems remain functional and to optimise our website. Log file data is always stored separately from other personal data relating to users.

5. Methods of contacting us

On KochBank’s website there is an option to contact us via the e-mail address provided. Alternatively, there may also be a contact form which can be used to contact us electronically. If the data subject contacts the controller through either of these channels, the personal data transmitted by the data subject is automatically stored. This data is stored solely for the purposes of handling the inquiry or contacting the data subject. It is not disclosed to third parties.

6. Routine erasure and blocking of personal data

The controller processes and stores personal data about the data subject only for as long as is necessary to achieve the purpose for which the data was stored. Data may be stored for longer than this if so provided by European or national lawmakers in Community regulations, laws or other provisions applicable to the controller. 

As soon as the purpose for which the data was stored ceases to exist or the prescribed period for storing the data under the aforementioned laws expires, the personal data is routinely blocked or erased.

7. Rights of the data subject

If your personal data is processed, you are deemed a data subject for the purposes of the GDPR and you have the following rights vis-à-vis the controller:

7.1 Right of access

You have the right to obtain confirmation from the controller as to whether or not we are processing personal data concerning you. 

Where this is the case, you may require the controller to give you access to the following information:

1. the purposes for which the personal data is being processed;
2. the categories of personal data concerned;
3. the recipients or categories of recipient to whom the personal data concerning you has been or will be disclosed;
4. the envisaged period for which the personal data concerning you will be stored, or, if not possible to provide specific details in this regard, the criteria used to determine that period;
5. the existence of a right to request from the controller rectification or erasure of the personal data concerning you, or a right to restrict the processing of personal data concerning you or to object to such processing; 
6. the right to lodge a complaint with a supervisory authority;
7. where the personal data is not collected from the data subject, any available information as to the source of the data;
8. the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved as well as the significance and the envisaged consequences of such processing for the data subject.

You have the right to obtain information about whether your personal data is transferred to a third country or an international organisation. In this context, you have the right to be informed about the appropriate safeguards in place in connection with the transfer as required by Article 46 GDPR.

7.2 Right to rectification

If personal data concerning you is inaccurate or incomplete, you have the right to require the controller to correct or complete it. The controller must make the correction without undue delay.

7.3 Right to restriction of processing

You have a right to restrict the processing of personal data concerning you if any of the following applies:

1. you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
2. the processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead;
3. the controller no longer needs the personal data for the purposes of the processing, but you require the data for the establishment, exercise or defence of legal claims; or
4. you have objected to the processing pursuant to Article 21(1) GDPR and verification of whether the legitimate grounds of the controller override yours is still pending.

Where the processing of your personal data has been restricted, this data may only, with the exception of storage, be processed with your consent or for the establishment, exercise or defence of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of important public interest of the Union or of a member state.

If the processing of data has been restricted based on any of the above, you will be informed by the controller before the restriction is lifted.

7.4 Right to erasure

7.4.1 You may require the controller to erase your personal data without undue delay and the controller has an obligation to erase this data without undue delay where one of the following grounds applies:

1. your personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
2. you withdraw your consent on which the processing was based according to point (a) of Article 6(1) or point (a) of Article 9(2) GDPR, and there is no other legal basis for the processing; 
3. you object to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) GDPR; 
4. your personal data has been unlawfully processed; 
5. your personal data has to be erased for compliance with a legal obligation under Union or member state law to which the controller is subject; 
6. your personal data has been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.

7.4.2 Where the controller has made your personal data public and is obliged pursuant to Article 17(1) GDPR to erase it, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform the controllers processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, this personal data. 

7.4.3 The right to erasure does not apply to the extent that the processing is necessary:

1. for exercising the right of freedom of expression and information;
2. for compliance with a legal obligation which requires processing by Union or member state law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
3. for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3) GDPR;
4. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) GDPR in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
5. for the establishment, exercise or defence of legal claims.

7.5 Notification requirement and right to be informed

If you have asserted your right against the controller to have your personal data corrected or erased or to restrict the processing of such data, the controller shall communicate such rectification or erasure of the data or restriction on processing to each recipient to whom your personal data has been disclosed, unless this proves impossible or involves disproportionate effort.

You have the right to require the controller to inform you about such recipients.

7.6 Right to data portability

You have the right to receive the personal data you provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transmit 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 point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR or on a contract pursuant to point (b) of Article 6(1) GDPR; and
2. the processing is carried out by automated means.

In exercising this right you also have the right to have your personal data transmitted directly from one controller to another, where technically feasible. This must not adversely affect the rights and freedoms of others.

The right to data portability shall not apply to the processing of personal data that 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.

7.7 Right to object

You have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions. 

The controller shall no longer process your personal data unless the controller demonstrates compelling legitimate grounds for such processing which override your interests, rights and freedoms, or the processing is in the interests of the establishment, exercise or defence of legal claims.

Where 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 purposes, which includes profiling to the extent that it is related to such direct marketing.

Where you object to processing for direct marketing purposes, your personal data will no longer be processed for such purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

7.8 Right to withdraw consent

You have the right to withdraw your consent to the processing of your data at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

7.9 Automated individual decision-making, including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. The foregoing does not apply if the decision: 

1. is necessary for entering into, or performance of, a contract between you and a data 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 based on your explicit consent.

However, such decisions may not be based on special categories of personal data referred to in Article 9(1) GDPR, unless point (a) or (g) of Article 9(2) applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.

With regard to the cases referred to in a. and c., the controller will 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.

7.9 Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of your personal data infringes the General Data Protection Regulation. 

The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 GDPR.

8. Disclosure of data to third parties

We treat all data, whether it be automatically stored data or data provided by you, as confidential and do not disclose or sell it to third parties. We use your personal data solely for the purpose of responding to your inquiry and providing you with the requested service.

Personal data is not transmitted to government agencies or authorities, except as required under applicable financial sector laws (e.g. the German Stock Exchange Act (Börsengesetz), the German Securities Trading Act (Wertpapierhandelsgesetz)). All employees of Koch Wertpapierhandels GmbH, both internal and external, have an obligation to maintain data secrecy.

9. Legal basis for processing

Where we obtain the data subject’s consent to the processing of personal data, the legal basis for processing is point (a) of Article 6(1) of the EU General Data Protection Regulation (GDPR).

Where the processing of personal data is necessary for the performance of a contract to which the data subject is party, the legal basis for processing is point (b) of Article 6(1) GDPR. This is also the case for processing that is necessary in order to take steps prior to entering into a contract.

Where the processing of personal data is necessary for compliance with a legal obligation to which we are subject, the legal basis for processing is point (c) of Article 6(1) GDPR.

Where the processing of personal data is necessary in order to protect the vital interests of the data subject or of another natural person, the legal basis for processing is point (d) of Article 6(1) GDPR.

Where the processing is necessary for the purposes of a legitimate interest pursued by us or by a third party, except where such interest is overridden by the interests or fundamental rights and freedoms of the data subject, the legal basis for processing is point (f) of Article 6(1) GDPR. Our company has a legitimate interest in carrying on our business.

10. Period for which personal data will be stored

Personal data will be stored for the applicable statutory retention period. Upon expiry of this period, the data is routinely erased unless it is required for contract negotiations or the performance of a contract.