General terms and conditions
and terms of use
for the
internet platform www.agrarconnect.com (& .de & .eu) and the
use of services on these websites

As of: 20 June 2017

Preamble

AgrarConnect Kretzschmar & Schmitt GbR (hereafter referred to as Operator or agrarconnect), Meusebachstraße 11, 13053 Berlin, Germany, provides an internet platform under www.agrarconnect.com, www.agrarconnect.de, www.agrarconnect.eu and www.agrar-connect.com, www.agrar-connect.de, www.agrar-connect.eu, on which traders and freelancers (hereafter referred to as user) are able to offer and request products/goods and services from various sectors of the agricultural industry. These general terms and conditions as well as the terms of use regulate the provision of the services by agrarconnect as well as the use of these services by the user.

§ 1 Scope of Application

agrarconnect provides an information platform on the internet for the business-to-business (B2B) sector, on which users are able to establish a business relationship with their offered or requested promoted products/goods and services. agrarconnect is not in any circumstance the contracting party for the items/products that are offered on the website. The offering or requesting parties are uniquely and exclusively the contracting partners who establish mutual contact and possibly conclude a contract.

These general terms and conditions as well as terms of use regulate the relationship between the Operator of the internet platform www.agrarconnect.com and the users of this internet platform. Deviations from these general terms and conditions are only effective with express written consent from the Operator of the internet platform. The inclusion of the general terms and conditions of a user is hereby expressly contradicted. For the content in particular cases of individual agreements, including additional services, subsidiary agreements, supplements or changes, the written or textual form of the express confirmation as rendered by the Operator of the internet platform is decisive.

The Operator retains the right to amend these general terms and conditions as well as the terms of use at any time, also within the existing contractural relationship. Registered users will be informed of these kinds of changes in due time before the planned amendment enters into force.

§ 2 Services

The websites listed in the preamble are generally freely accessible on the internet. However, decisive information regarding the requests and offers in all categories may only be accessed by registered and authorised users. The Operator reserves the right to decide which information is freely accessible on the internet as well as which information is for registered users.

Registered users may display their offers and/or requests as „open” on the platform with the name of the company and the relevant contact data. In such cases, all of the entered specifications of the posting as well as the company and its relevant contact data are exclusively displayed for all registered and authorised users.

If the user who created an offer would not like to immediately include the name of his/her company and its contact data in the offer for all registered and authorised users, it is possible to create an „anonymous” offer. In such particular cases, the system generates an email in cases of interest in the offer or request that is sent to the interested party and to the advertising party. This email includes the contact data from both parties. It is the obligation of the users to use the data to establish contact.

agrarconnect provides with the internet platform www.agrarconnect.com merely an information platform for traders and freelancers. The posted offers and requests do not represent binding offers for sale or purchase. For a conclusion of contract, both parties must establish contact with one another and negotiate and confirm the details of the contract. The Operator shall not become a contracting partner and never acquires ownership of the posted products or services.

§ 3 Access Authorisation

The internet platform is exclusively available for use by registered and authorised, adult traders and freelancers with unlimited legal capacity who have verified their status as traders to agrarconnect.

A user is not allowed to use the platform if
1. insolvency proceedings have been opened against him/her or a request for the opening of insolvency proceedings has been submitted and/or
2. he/she is no longer commercially active.

Furthermore, the aforementioned data must be immediately communicated to agrarconnect, which can immediately block the user’s access as a result.

§ 4 Conclusion of a Contract, Registration

For registration, the user is required to enter his/her email address, to freely select a user name and to accept the general terms and conditions, the terms of use and the data protection regulations. The user then receives an email from the Operator with a confirmation link. Clicking on this link or direct forwarding online provides the user with access to a registration form. This form requires the user to enter the following data: first name, surname, telephone number, company name, the complete address of the company including the street, postcode, town and country. By completing the registration form and then clicking on the „save” button, the user confirms the conclusion of his/her user contract with agrarconnect. Together with the confirmation link from the Operator that is sent by email, the user also receives a system-generated password. This password is important for logging onto the internet platform in the future. It is not necessary to enter the password in the registration form during the initial registration process, unless the user would like to change the system-generated password to a personalised password. The user is required to completely and accurately enter all of the requested data. agrarconnect will at its own discretion verify the correctness of the provided data and appropriately decide on the continuation of the user contract.

As a further option for registered users at agrarconnect, the „platinum subscription“ is completed on www.zmp.de . Headquartered in Bonn, Central Market and Price Information GmbH (ZMP) acts as a legally and organizationally independent company. A co-operation model is used to advertise a „platinum subscription“ together with agrarconnect. If a user has logged on to www.zmp.de for this „platinum subscription“, agrarconnect gets the complete user data Of ZMP and, after checking, it enters the system of agrarconnect. An interested party thus also acquires the status of a registered user at agrarconnect. All other paragraphs of these general terms and conditions remain unaffected.

§ 5 Use of the Internet Platform

During the existing contractural relationship, the user data, in particular the contact data, is to be kept up to date until the end of the contract. The Operator reserves the right to temporarily suspend services and/or to temporarily block full access to the website if the abovementioned information is out of date and/or the submitted data is no longer correct.

Every user is required to safely store his/her personal login data (user name and password) and is not allowed to forward or transfer this information to unauthorised third parties. The user is liable for any use and/or other activity that is executed under his/her login data.

Every user is to use the internet site without causing any impairment, overload or damage to the site.

If there is concrete evidence that a user is violating or has violated the general terms and conditions, the terms of use or a legal provision in connection with using the platform, agrarconnect is authorised to carry out an investigation, to temporarily or permanently block the user’s access and, if necessary, to institute legal action. The user is required in this context to provide the Operator with comprehensive information upon request. agrarconnect is to inform the user about the start of the investigation and its results and is to give him/her the opportunity to make a statement.

Should the results of the investigation show that the user has committed a violation, the Operator is authorised to terminate the contract with the user for good cause. Should the results of the investigation show that the user has not committed a violation, access will be unblocked, where applicable, and the user will receive a proportional refund of the user fees for the time period during which access was blocked.

§ 6 User fees

To use the platform, registered users are required to pay to use agrarconnect and are able to choose between paying quarterly, bi-annually or annually. The user fees plus the appropriate value added tax can be found here the website. The time period that each user individually chooses forms the basis for future invoice intervals and may be viewed and changed at any time in the login area.

Each new user has a free 4-week test period. Within the unique test period, the user can only set 5 offers and / or requests at the same time. The remaining functions correspond to a full subscription. The 4-week test period can only be used once per user. During and after the end of this test period, each user has to confirm once again the continuation of the contract in the personal login area by selecting a future invoice interval. After acknowledgment of these terms and conditions of use as well as the data protection regulations, agrarconnect prompts for full access. The member status can be viewed at any time in the personal member area of the respective user. Users of the „Platinum Subscription“ will be enabled or disabled by agrarconnect, according to their status regarding the test period and full access to ZMP.

agrarconnect sends the user the first invoice immediately after conclusion of the contract by post. Subsequent invoices are automatically sent by post two weeks before the end of the invoice interval selected by the user. The invoice amount is to be paid by the first day of the new contract time period.

Every user of the „Platinum Subscription“ via the ZMP, is billed via the ZMP and does not receive an invoice from agrarconnect.

User fees are paid upon only receipt of an invoice. Invoices that have not been paid by the due date implicate provisional blocking of the user’s account by agrarconnect.

A user may set off the claims from agrarconnect only with undisputed, recognised or legally established claims. The right of the user to set off and to withhold applies in full, insofar as there is a mutuality of obligation between his/her set off claim and the principle claim.

§ 7 Contract Duration and Termination

The contract of use for the unrestricted access to the portal is closed for a certain time. Any contract may be terminated by either party with a notice period of six weeks to the end of the selected term (quarterly, six months or annually) by written notice. The date of receipt of the cancellation shall be the respective Business Day or the next Business Day, if the date is a Saturday, Sunday or holiday. Cancellations can be made in writing to AgrarConnect Kretzschmar & Schmitt GbR, Meusebachstrasse 11, 13053 Berlin, or by e-mail to vertrag@agrarconnect.com.

If the contract has not been terminated, or has not been terminated within the set notice period, it will be extended based on the current time period or on a new time period if one was previously chosen.

The right of both parties to terminate this contract for good cause without observing the notice period remains unaffected. A good cause exists in particular with a significant breach of an essential contractual obligation, such as the opening of insolvency proceedings against the user, the misuse of expressions of interest, significant outstanding payment or the reporting of false registration data. In a case of termination for good cause, no refund – also not a monthly refund – will be paid of user fees that have been paid in advance if the termination is exclusively based on reasons that the user is responsible for.

§ 8 Property Rights

All of the published contents, information, images, videos and databases within the framework of the agrarconnect platform are protected by copyright or by other protective rights and are either the property of the Operator or the Operator is the holder of the necessary rights of use. In addition, the rights regarding the design of the website as well as the software and technology used belong exclusively to agrarconnect and/or their licensors.

Except for the content that has been posted by the user him/herself, the user is prohibited to completely or partially edit, change, show, publish, exhibit, copy or disseminate the content available on the platform. Such content includes in particular photos, logos and text. The user is also prohibited to remove or change any kind of copyright notice, proprietary notice or trademark. Any use that has not been explicitly authorised in these general terms and conditions and terms of use requires the prior written consent of the Operator.

§ 9 Data Protection

The collection, saving and processing of a user’s personal data by agrarconnect is performed only to fulfil the purpose of the contract. Furthermore, agrarconnect assures the confidential handling of this data according to the Data Protection Act and the Telemedia Act. Without the user’s consent, agrarconnect will only collect, save, process or use a user’s personal data to the extent necessary.

The data that is particularly collected, saved and/or processed includes the user’s name, address and email address. agrarconnect treats all of the user’s data with confidentiality. The Operator would be happy at any point in time and on request to provide information on the saved data, and all entered data can also be accessed and partially altered in the personal user profile. This data is only transferred to the extent that it is permitted by law. In all other cases, the user’s data is only transferred to a third party with prior written consent.

On request, the Operator will delete a user’s personal data, provided that the data is no longer necessary for using the platform, especially for billing.

The user agrees that his/her personal data may be used for agrarconnect’s own advertising purposes (e.g. product recommendations by email). The user may revoke this consent at any time.

§ 10 Liability Limitation

agrarconnect maintains its internet platform www.agrarconnect.com in principle 24 hours a day, seven days a week and 12 months a year. This excludes time for maintenance or updating the internet platform, which occasionally necessitates a short-term shutdown. agrarconnect is therefore not liable for interrupted access to the website or for disruptions on the internet.

agrarconnect is liable for damages in the case of intent and gross negligence. In cases of simple negligence, agrarconnect is only liable for damages resulting from injury of life, body or health as well as for damages resulting from a significant breach of an essential contractual obligation. An essential contractual obligation is one which must be fulfilled for the contract to be properly executed in the first place. In such a case, agrarconnect is only liable for compensation for typical foreseeable damage.

These restrictions also apply for the benefit of the legal representatives and the vicarious agents of agrarconnect.

agrarconnect is specifically not liable for loss due to work disruption, computer failure or computer errors or for an unforeseeable network overload that leads to web server failure or for disruptions in online operation that have been caused by unlawful intrusion in the web application (hacker attack), insofar as it would not have been possible to prevent this with technically and economically reasonable measures.

agrarconnect does not check the completeness, lawfullness or accuracy of the data provided by users. The information concerning the quality and availability of products and services is the sole responsibility of the users. agrarconnect is not liable for the timeliness, content accuracy or completeness of the information posted in the user’s online offer. agrarconnect is not liable for damages to a user arising from a purchase and/or sale of products and/or services. All further business activities of each user that arise from information on the website are carried out at each user’s own discretion and at each user’s own risk.

Independent guarantees as well as the provisions of the German Product Liability Act remain unaffected.

§ 11 Applicable Law

The laws of the Federal Republic of Germany apply to this agreement.

§ 12 Place of Jurisdiction

If the user is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction is the agrarconnect place of business in Berlin, Germany.

§ 13 Final Provisions

Should a portion of these general terms and conditions and terms of use be or become invalid, the validity of the rest of the general terms and conditions and of the terms of use is not affected. The invalid portion is to then be replaced as agreed upon with what is permissible and with what comes as close as possible to what the parties would have agreed upon if they had recognised the invalidity. The same applies in the event of a possible regulatory gap in these general terms and conditions and terms of use.

Privacy Policy

We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the AgrarConnect Kretzschmar & Schmitt GbR. The use of the Internet pages of the AgrarConnect Kretzschmar & Schmitt GbR 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 statutory basis for such processing, we generally obtain consent from 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 General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the AgrarConnect Kretzschmar & Schmitt GbR. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, the AgrarConnect Kretzschmar & Schmitt GbR has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.

1. Definitions

The data protection declaration of the AgrarConnect Kretzschmar & Schmitt GbR is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.

In this data protection declaration, we use, inter alia, the following terms:

a) Personal data

Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

b) Data subject

Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

c) Processing

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

e) Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

f) Pseudonymisation

Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

g) Controller or controller responsible for the processing

Controller or controller responsible for the 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 nomination may be provided for by Union or Member State law.

h) Processor

Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

i) Recipient

Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

j) Third party

Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

k) Consent

Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and Address of the controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

AgrarConnect Kretzschmar & Schmitt GbR
Görziger Straße 2b
D-01616 Strehla
Deutschland
Phone: +49 (0)171-7148991
Email: info@agrarconnect.com
Website: www.agrarconnect.com

3. Cookies

The Internet pages of the AgrarConnect Kretzschmar & Schmitt GbR use cookies. Cookies are text files that are stored in a computer system via an Internet browser.

Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the dats subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, the AgrarConnect Kretzschmar & Schmitt GbR can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user's computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.

The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.

4. Collection of general data and information

The website of the AgrarConnect Kretzschmar & Schmitt GbR collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, the AgrarConnect Kretzschmar & Schmitt GbR does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the AgrarConnect Kretzschmar & Schmitt GbR analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

5. Registration on our website

The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller.

By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.

The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.

The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons.

6. Contact possibility via the website

The website of the AgrarConnect Kretzschmar & Schmitt GbR contains information that enables a quick electronic contact to our enterprise, 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 are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

7. Cooperation

AgrarConnect Kretzschmar & Schmitt GbR cooperates with Zentrale Markt- und Preisinformationen GmbH. In doing so, services are offered by Zentrale Markt- und Preisinformationen GmbH, which could be of interest to AgrarConnect customers. To implement this, the registration data are forwarded to and processed by the Zentrale Markt- und Preisinformationen GmbH.

8. Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

9. Rights of the data subject

a) Right of confirmation

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

b) Right of access

Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

• the purposes of the processing;
• the categories of personal data concerned;
• the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
• where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
• the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
• the existence of the right to lodge a complaint with a supervisory authority;
• where the personal data are not collected from the data subject, any available information as to their source;
• the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

c) Right to rectification

Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.

d) Right to erasure (Right to be forgotten)

Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

• The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
• The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
• The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
• The personal data have been unlawfully processed.
• The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
• The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the AgrarConnect Kretzschmar & Schmitt GbR, he or she may, at any time, contact any employee of the controller. An employee of AgrarConnect Kretzschmar & Schmitt GbR shall promptly ensure that the erasure request is complied with immediately.

Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the AgrarConnect Kretzschmar & Schmitt GbR will arrange the necessary measures in individual cases.

e) Right of restriction of processing

Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

• The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
• The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
• The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
• The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification 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 the processing of personal data stored by the AgrarConnect Kretzschmar & Schmitt GbR, he or she may at any time contact any employee of the controller. The employee of the AgrarConnect Kretzschmar & Schmitt GbR will arrange the restriction of the processing.

f) Right to data portability

Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not 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, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may at any time contact any employee of the AgrarConnect Kretzschmar & Schmitt GbR.

g) Right to object

Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

The AgrarConnect Kretzschmar & Schmitt GbR 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 establishment, exercise or defence of legal claims.

If the AgrarConnect Kretzschmar & Schmitt GbR processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the AgrarConnect Kretzschmar & Schmitt GbR to the processing for direct marketing purposes, the AgrarConnect Kretzschmar & Schmitt GbR 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 by the AgrarConnect Kretzschmar & Schmitt GbR for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may contact any employee of the AgrarConnect Kretzschmar & Schmitt GbR. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

h) Automated individual decision-making, including profiling

Each data subject shall have the right granted by the European legislator 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, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not 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 a data controller, or (2) it is based on the data subject's explicit consent, the AgrarConnect Kretzschmar & Schmitt GbR shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the AgrarConnect Kretzschmar & Schmitt GbR.

i) Right to withdraw data protection consent

Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her 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 AgrarConnect Kretzschmar & Schmitt GbR.

10. Data protection provisions about the application and use of Google Analytics (with anonymization function)

On this website, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.

The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

For the web analytics through Google Analytics the controller uses the application "_gat. _anonymizeIp". By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.

Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.

The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.

In addition, the data subject has the possibility of objecting to a collection of data that are generated by Google Analytics, which is related to the use of this website, as well as the processing of this data by Google and the chance to preclude any such. For this purpose, the data subject must download a browser add-on under the link https://tools.google.com/dlpage/gaoptout and install it. This browser add-on tells Google Analytics through a JavaScript, that any data and information about the visits of Internet pages may not be transmitted to Google Analytics. The installation of the browser add-ons is considered an objection by Google. If the information technology system of the data subject is later deleted, formatted, or newly installed, then the data subject must reinstall the browser add-ons to disable Google Analytics. If the browser add-on was uninstalled by the data subject or any other person who is attributable to their sphere of competence, or is disabled, it is possible to execute the reinstallation or reactivation of the browser add-ons.

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.

11. Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for 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, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

12. The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

13. Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

14. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject 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 the consequences of non-provision of the personal data.

15. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

DGD Deutsche Gesellschaft für Datenschutz GmbH in cooperation with WILDE BEUGER SOLMECKE | Rechtsanwälte.