Data protection virtual showroom

As of June 2021

I. Identity and contact details of the data controller >

II. Contact details of the data protection officer >

III. General information on data processing >

IV. Rights of the data subject >

V. Provision of the virtual showroom and creation of log files >

VI. Use of cookies >

VII. Newsletter >

VIII. Contact via Email >

IX. Contact forms >

X. Usage of Plugins >

I. Identity and contact details of the data controller

The data controller responsible in accordance with the purposes of the General Data Protection Regulation (GDPR) of the European Union and other data protection regulations is:

KRACHT GmbH
Gewerbestr. 20
58791 Werdohl, Germany
Phone +49 2392 935 0
E-mail info@kracht.eu
Web www.kracht.eu

II. Contact details of the data protection officer

The designated data protection officer is:

DataCo GmbH
Dachauer Straße 65
80335 München, Germany
Phone +49 89 7400 45840
Web www.dataguard.de

III. General information on data processing

On our website we offer visitors the opportunity to visit a virtual showroom. The virtual showroom is an offer of Kracht GmbH, Gewerbestr. 20, 58791 Werdohl, Germany (“Kracht GmbH”, “we” or “us”).

The virtual showroom allows visitors to use the following functionalities:

  • Preview & information on various services and products
  • Possibility to register to receive a newsletter
  • Download of technical specifications and brochures for individual products
  • Provision of company information and certifications
  • Provision of contact information (telephone, message forms and email)

The provision of relevant functionalities corresponds to the purposes of the processing. In addition, personal data are processed in order to ensure the continuous improvement and security of the system, as well as the error-free functioning of the virtual exhibition stand.

1. Scope of processing personal data

In general, we only process the personal data of our users to the extent necessary to provide a functioning virtual showroom with our content and services. The regular processing of personal data only takes place with the consent of the user or if the processing is necessary to safeguard legitimate interests of our company.

Through the usage of the functionalities of our virtual showroom, the following personal data may be processed:

  • Name
  • Email address
  • IP address

No login or registration is required to use this offer. Each time the virtual showroom is called up, our system automatically collects data and information from the computer system of the calling computer.

2. Legal basis for data processing

Where consent is appropriate for processing personal data, Art. 6 (1) (1) (a) GDPR serves as the legal basis to obtain the consent of the data subject for the processing of their data.

If the processing of data is necessary to safeguard the legitimate interests of our company or that of a third party, and the fundamental rights and freedoms of the data subject do not outweigh the interest of the former, Art. 6 (1) (1) (f) GDPR will serve as the legal basis for the processing of data.

3. Data erasure and storage duration

The personal data of the data subject will be erased or restricted as soon as the purpose of its storage has been accomplished. The user’s data will therefore only be retained for as long as is necessary for the use of the virtual showroom and the utilization of the functions offered.

4. Objection and erasure

You can object to the processing of your personal data at any time by sending an informal email to info@kracht.eu. All other rights for you as a data subject, you can also address to this email address. The withdrawal of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the withdrawal.

IV. Rights of the data subject

When your personal data is processed, you are a data subject within the meaning of the GDPR and have the following rights:

1. Right to information

You may request the data controller to confirm whether your personal data is processed by them.

If such processing occurs, you can request the following information from the data controller:

  • The purpose for which the personal data is processed.
  • The categories of personal data being processed.
  • The recipients or categories of recipients to whom the personal data have been or will be disclosed.
  • The planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage.
  • The existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing.
  • The existence of the right to lodge a complaint with a supervisory authority.
  • Where personal data are not collected from you any available information as to their source.
  • The existence of automated decision-making including profiling under Article 22 (1) and Article 22 (4) GDPR and, in certain cases, meaningful information about the data processing system involved, and the scope and intended result of such processing on the data subject.

You have the right to request information on whether your personal data will be transmitted to a third country or an international organization. In this context, you can then request for the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.

2. Right to rectification

You have a right to rectification and/or modification of the data, if your processed personal data is incorrect or incomplete. The data controller must correct the data without delay

3. Right to the restriction of processing

You may request the restriction of the processing of your personal data under the following conditions:

  • If you challenge the accuracy of your personal data for a period that enables the data controller to verify the accuracy of your personal data.
  • The processing is unlawful, and you oppose the erasure of the personal data and instead request the restriction of their use instead.
  • The data controller or its representative no longer need the personal data for the purpose of processing, but you need it to assert, exercise or defend legal claims; or
  • If you have objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether the legitimate interests of the data controller override your interests.

If the processing of personal data concerning you has been restricted, this data may – with the exception of data storage – only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting 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 has been restricted according to the aforementioned conditions, you will be informed by the data controller before the restriction is lifted.

4. Right to erasure

a) Obligation to erase 

If you request from the data controller to delete your personal data without undue delay, they are required to do so immediately if one of the following applies:

  • Personal data concerning you is no longer necessary for the purposes for which they were collected or processed.
  • You withdraw your consent on which the processing is based pursuant to Art. 6 (1) (1) (a) and Art. 9 (2) (a) GDPR and where there is no other legal basis for processing the data.
  • According to Art. 21 (1) GDPR you object to the processing of the data and there are no longer overriding legitimate grounds for processing, or you object pursuant to Art. 21 (2) GDPR.
  • Your personal data has been processed unlawfully.
  • The personal data must be deleted to comply with a legal obligation in Union law or Member State law to which the data controller is subject.
  • Your personal data was collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.

b) Information to third parties

    If the data controller has made your personal data public and must delete the data pursuant to Art. 17 (1) GDPR, they shall take appropriate measures, including technical means, to inform data processors who process the personal data, that a request has been made to delete all links to such personal data or copies or replications of the personal data, taking into account available technology and implementation costs to execute the process.

    c) Exceptions 

    The right to deletion does not exist if the processing is necessary 

    • to exercise the right to freedom of speech and information.
    • to fulfil a legal obligation required by the law of the Union or Member States to which the data controller is subject, or to perform a task of public interest or in the exercise of public authority delegated to the representative.
    • for reasons of public interest in the field of public health pursuant to Art. 9 (2) (h) and Art. 9 (2) (i) and Art. 9 (3) GDPR.
    • for archival purposes of public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) GDPR, to the extent that the law referred to in subparagraph (a) is likely to render impossible or seriously affect the achievement of the objectives of that processing, or
    • to enforce, exercise or defend legal claims.

     5. Right to information

    If you have the right of rectification, erasure or restriction of processing over the data controller, they are obliged to notify all recipients to whom your personal data have been disclosed of the correction or erasure of the data or restriction of processing, unless this proves to be impossible or involves a disproportionate effort.

    You reserve the right to be informed about the recipients of your data by the data controller.

    6. Right to data portability

    You have the right to receive your personal data given to the data controller in a structured and machine-readable format. In addition, you have the right to transfer this data to another person without hindrance by the data controller who was initially given the data, if:

    • the processing is based on consent in accordance with Art. 6 (1) (1) (a) GDPR or Art. 9 (2) (a) GDPR or performance of a contract in accordance with Art. 6 (1) (1) (b) GDPR and
    • the processing is done by automated means.

    In exercising this right, you also have the right to transmit your personal data directly from one person to another, insofar as this is technically feasible. Freedoms and rights of other persons shall not be affected.

    The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the data controller.

    7. Right to object

    For reasons that arise from your particular situation, you have, at any time, the right to object to the processing of your personal data pursuant to Art. 6 (1) (1) (e) or 6 (1) (1) (f) GDPR; this also applies to profiling based on these provisions.

    The data controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, exercising or defending legal claims.

    If the personal data relating to you are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data in regard to such advertising; this also applies to profiling associated with direct marketing.

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

    Regardless of Directive 2002/58/EG, you have the option, in the context of the use of information society services, to exercise your right to object to automated decisions that use technical specifications.

    8. Right to withdraw the data protection consent declaration

    You have the right to withdraw your consent at any time. The withdrawal of consent does not affect the legality of the processing carried out on the basis of the consent until the withdrawal.

    9. Automated decisions on a case-by-case basis, including profiling

    You have the right to not be subject to a decision based solely on automated processing – including profiling – that will have a legal effect or substantially affect you in a similar manner. This does not apply if the decision:

    • is required for the conclusion or execution of a contract between you and the data controller,
    • is permitted by the Union or Member State legislation to which the data controller is subject, and where such legislation contains appropriate measures to safeguard your rights and freedoms and legitimate interests, or
    • is based on your explicit consent.

    However, these decisions must not be based on special categories of personal data under Art. 9 (1) GDPR, unless Art. 9 (2) (a) or Art. 9 (2) (b) GDPR applies and reasonable measures have been taken to protect your rights and freedoms as well as your legitimate interests.

    With regard to the cases referred to in (1) and (3), the data controller shall take appropriate measures to uphold your rights and freedoms as well as your legitimate interests, including the right to obtain assistance from the data controller or his representative, to express your opinion on the matter, and to contest the decision.

    10. Right to complain to a supervisory authority

    Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in the Member State of your residence, or your place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you violates the GDPR.

    The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

    V. Provision of the virtual showroom and creation of log files

    1. Description and scope of data processing

    Each time our virtual showroom is accessed, our system automatically collects data and relevant information from the computer system of the calling device.

    The following data is collected:

    • Browser type and version used
    • The user’s operating system
    • The user’s internet service provider
    • The IP address of the user
    • Date and time of access
    • Web pages from which the user’s system accessed our website
    • Web pages accessed by the user’s system through our website

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

    The virtual showroom is hosted using computing capacity provided by Host Europe GmbH, Cologne. The service provider may have access to the above-mentioned data. Data processing agreements have been concluded for the compliance with data protection regulations. The server location of our service provider is in France or Germany, should EU citizens use our virtual trade fair stand.

    2. Purpose of data processing

    The temporary storage of the IP address by the system is necessary for the delivery of the website to the computer of the user. For this purpose, the user’s IP address must be kept for the duration of the session.

    The storage in logfiles is done to ensure the functionality of the virtual showroom. The data is also used to optimize the virtual showroom and to ensure the security of our IT systems. An analysis of the data for marketing purposes does not take place.

    For the aforementioned purposes, our legitimate interest lies in the processing of data in compliance with Art. 6 (1) 1 (f) GDPR.

    3. Legal basis for data processing

    The legal basis for the temporary storage of data and logfiles is Art. 6 (1) (1) (f) GDPR.

    4. Duration of storage

    The data will be deleted as soon as it is no longer necessary for the purpose of its collection. The session is complete when the collection of data for the provision of the virtual showroom is accomplished.

    If the data is stored in log files, this is the case after seven days at the latest. Storage beyond this is possible. In this case, the IP addresses of the users are deleted or pseudonymised so that an assignment of the calling client is not possible.

    5. Objection and erasure

    The collection of data for the provision of the virtual showroom as well as the storage of data in log files are essential for the operation of the virtual showroom. Therefore, the user may not object to the aforementioned processes.

    VI. Use of cookies

    1. Description and scope of data processing

    Our website uses cookies. Cookies are text files that are stored in the internet browser or the internet browser on the user’s computer system. If a user calls up a website, a cookie can be stored on the user’s operating system. These cookies contain a string of characters that allows the browser to be uniquely identified when the website is reopened.

    We use cookies to make our website more user-friendly. Some elements of our website require the calling browser to be identified even after a page break.

    The following data is stored and transmitted in the cookies:

    • Language settings
    • Frequency of page views
    • Use of website functionalities

    The user data collected in this manner is pseudonymised by technical measures. It is therefore not possible to assign the data to the user accessing the site. The data is not stored together with other personal data of the users.

    2. Purpose of data processing

    The purpose of using technical cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. These require that the browser is recognized even after a page change.

    We need cookies for the following purposes:

    • Applying language settings

    The user data collected by technical cookies are not used to create user profiles.

    3. Legal basis for data processing

    The legal basis for the processing of personal data using technical cookies is Art. 6 (1) (1) (f) GDPR, legitimate interests.

    4. Duration of storage and possibility of objection and erasure

    Cookies are stored on the user’s device and transmitted to our site by the user. Therefore, you as a user also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that not all functions of the website can be used to their full extent.

    The transmission of Flash cookies cannot be prevented via the browser settings, but by changing the settings of the Flash Player.

    If you use the Safari browser version 12.1 or higher, cookies will be automatically deleted after seven days. This also applies to opt-out cookies, which are used to prevent the use of tracking mechanisms.

    VII. Newsletter

    1. Description and scope of data processing

    You can subscribe to a newsletter on our virtual showroom free of charge. When subscribing for the newsletter, the data from the input mask is transmitted to us.

    • Email address
    • Date and time of registration

    No data will be passed on to third parties in connection with data processing for the dispatch of newsletters. The data will be used exclusively for sending the newsletter.

    2. Purpose of data processing

    The user’s email address is collected to deliver the newsletter to the recipient.

    Additional personal data as part of the registration process is collected to prevent misuse of the services or email address.

    3. Legal basis for data processing

    The legal basis for the processing of data provided by the user after registration for the newsletter is Art. 6 (1) (1) (a) GDPR if the user has given his consent.

    4. Duration of storage

    The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. The user’s email address will therefore be stored as long as the newsletter subscription is active.

    5. Objection and erasure

    The subscription for the newsletter can be cancelled by the data subject at any time. For this purpose, every newsletter contains an opt-out link.

    Through this, it is also possible to withdraw the consent to the storage of personal data collected during the registration process.

    VIII. Contact via Email

    1. Description and scope of data processing

    You can contact us via the email address provided on our virtual showroom. In this case the personal data of the user transmitted with the email will be stored.

    The data will be used exclusively for the processing of the conversation.

    2. Purpose of data processing

    If you contact us via email, this also constitutes the necessary legitimate interest in the processing of the data.

    3. Legal basis for data processing

    The legal basis for the processing of data transmitted while sending an email is Art. 6 (1) (1) (f) GDPR. If the purpose of the email contact is to conclude a contract, the additional legal basis for the processing is Art. 6 (1) (b) GDPR.

    4. Duration of storage

    The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. For personal data sent by email, this is the case when the respective conversation with the user has ended. The conversation ends when it can be concluded from the circumstances that the matter in question has been conclusively resolved.

    5. Objection and erasure

    The user has the possibility to withdraw consent to the processing of their personal data at any time. If the user contacts us by email to info@kracht.eu, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued. The withdrawal of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the withdrawal.

    In this case, all personal data stored while establishing contact will be deleted.

    IX. Contact forms

    1. Description and scope of data processing

    Contact & messaging forms are available on our virtual showroom, which can be used for electronic contact. If a user makes use of this option, the data entered in the input mask will be transmitted to us and stored.

    When sending the message the following data will also be stored:

    • Email address
    • Last name
    • Date and time of contact
    • Other data transmitted in the message
    • Other data transmitted in the file upload

    As part of the sending process, your consent will be obtained for the processing of your data and reference will be made to this privacy policy.

    Es erfolgt im Zusammenhang mit der Datenverarbeitung über die Kontakt- und Nachrichtenformulare eine Weitergabe der Daten an den Dienstleister:

    tawk.to Inc., 187 East Warm Springs Rd, SB298, Las Vegas, 89119 Nevada, USA (hereinafter referred to as tawk.to)

    For more information on the processing of data by tawk.to, please refer to Chapter X. of this Privacy Policy and to: https://www.tawk.to/privacy-policy/

    Alternatively, you can contact us via the email address provided. In this case the personal data of the user transmitted with the email will be stored.

    The data will be used exclusively for the processing of the conversation.

    2. Purpose of data processing

    The processing of the personal data from the input mask serves us exclusively for the purpose of establishing contact. If you contact us by email, this also constitutes our necessary legitimate interest in the processing of the data.

    The other personal data processed during the sending process serve to prevent misuse of the contact forms and to ensure the security of our information technology systems.

    3. Legal basis for data processing

    The legal basis for the processing of the data is Art. 6 (1) (1) (a) GDPR if the user has given his consent.

    The legal basis for the processing of data transmitted while sending an email is Art. 6 (1) (1) (f) GDPR. If the purpose of the email contact is to conclude a contract, the additional legal basis for the processing is Art. 6 (1) (1) (b) GDPR.

    4. Duration of storage

    The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. For the personal data from the input mask of the contact forms and those sent by email, this is the case when the respective conversation with the user has ended. The conversation ends when it can be inferred from the circumstances that the facts in question have been conclusively clarified.

    5. Objection and erasure

    The user has the possibility to withdraw the consent to the processing of their personal data at any time. If the user contacts us by email to info@kracht.eu, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued. The withdrawal of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the withdrawal.

    In this case, all personal data stored while establishing contact will be deleted.

    X. Usage of Plugins

    When using our plugins, some data transfer of personal data to the USA takes place. To ensure appropriate guarantees for the protection of the transfer and processing of personal data outside the EU, the transfer of data to and processing of data by corresponding processors takes place on the basis of appropriate guarantees pursuant to Art. 46 et seq. GDPR, in particular by concluding so-called standard data protection clauses pursuant to Art. 46 (2) lit. c GDPR. A copy of the appropriate guarantees can be requested by sending us an informal email.

    We use plugins for various purposes. The plugins used are listed below:

    Use of Bootstrap

    1. Scope of processing of personal data

    We use the OpenSource Framework Bootstrap. This is loaded via the content delivery network of bootstrapcdn.com. This service is provided by MaxCDN DBA StackPath, 2021 McKinney Ave, Suite 1100, Dallas, TX 75201, USA (Hereinafter referred to as StackPath). By using BootstrapCDN, cookies are set on your computer and usage data is stored. Personal data can be stored and evaluated, especially the activity of the user (especially which pages have been visited and which elements have been clicked on) as well as device and browser information (especially the IP address and the operating system).

    For further information on StackPath’s collection and storage of data please visit:

    https://www.bootstrapcdn.com/privacy-policy/

    2. Purpose of data processing

    The use of Bootstrap is to improve our online presence and its usability.

    3. Legal basis for the processing of personal data

    The legal basis for the processing of personal data is the user’s given consent in accordance with Art. 6 (1) (1) (a) GDPR.

    4. Duration of storage

    Your personal information will be stored for as long as is necessary to fulfill the purposes described in this Privacy Policy or as required by law, e.g. for tax and accounting purposes.

    5. Possibility of withdrawal of consent and erasure

    You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of the consent does not affect the lawfulness of the processing carried out on the basis of the consent up to the withdrawal.

    You may prevent StackPath from collecting and processing your personal information by preventing the storage of third-party cookies on your computer, by using the “Do Not Track” feature of a supporting browser, by disabling the execution of script code in your browser, or by installing a script blocker such as NoScript (https://noscript.net/) or Ghostery (https://www.ghostery.com) in your browser.

    For more information about objection and erasure options regarding StackPath, please visit:

    https://www.bootstrapcdn.com/privacy-policy/

    Use of Font Awesome

    1. Scope of processing of personal data

    We use fonts from Font Awesome, a service of Fonticons, Inc., 6 Porter Road, Apartment 3R, Cambridge, MA 02140, USA (Hereinafter referred to as Font Awesome). The fonts are transferred to the browser’s cache when the page is called up in order to be able to use them for the visually improved display of various information. Personal data may be stored, transmitted and evaluated, in particular device and browser information (in particular the IP address and operating system). If the browser does not support or prevent access to Font Awesome, the text will be displayed in a standard font. When you visit the site, Font Awesome will not set cookies.

    For further information on the collection and storage of data by Font Awesome, please visit:

    https://origin.fontawesome.com/privacy

    2. Purpose of data processing

    The use of Font Awesome serves an appealing representation of our texts.

    3. Legal basis for the processing of personal data

    The legal basis for the processing of personal data is the user’s given consent in accordance with Art. 6 (1) (1) (a) GDPR.

    4. Duration of storage

    Your personal information will be stored for as long as is necessary to fulfill the purposes described in this Privacy Policy or as required by law.

    5. Possibility of withdrawal of consent and erasure

    You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of the consent does not affect the lawfulness of the processing carried out on the basis of the consent up to the withdrawal.

    You can prevent Font Awesome from collecting and processing your personal data by preventing the storage of third-party cookies on your computer, by using the “Do Not Track” function of a supporting browser, by deactivating the execution of script code in your browser, or by installing a script blocker such as NoScript (https://noscript.net/) or Ghostery (https://www.ghostery.com) in your browser.

    For more information on how Font Awesome can be challenged visit:

    https://origin.fontawesome.com/privacy

    Use of tawk.to

    1. Scope of processing of personal data

    We use functionalities of the live chat plugin tawk.to from tawk.to inc., 187 East Warm Springs Road, SB119, Las Vegas, Nevada, USA (hereinafter referred to as tawk.to). The plugin is used by the website owner or operator to communicate with website visitors. It can also be used to analyze website visits. Cookies from tawk.to are stored on your end device.

    The following personal data is processed by tawk.to:

    • E-mail address
    • Information disclosed by the user himself during the interaction
    • Browser type
    • Language preference
    • Geographical location
    • Referring site (referral URL)
    • Date and time of the visitor request
    • IP address

    Other recipients of the data are:

    • Digital Ocean
    • AWS Amazon
    • Twilio
    • Google Inc.
    • Loggly
    • Apple Inc.

    Further information on the collection and storage of data by tawk.to can be found at:

    https://www.tawk.to/privacy-policy/

    2. Purpose of data processing

    The use of tawk.to serves us to provide interested parties and customers with a direct means of communication with our employees.

    3. Legal basis for the processing of personal data

    The legal basis for the processing of personal data is the user’s given consent in accordance with Art. 6 (1) (1) (a) GDPR.

    When processing the special categories of personal data in accordance with Art. 9 (1) GDPR, the legal basis is the express consent in accordance with Art. 6 (1) (1) (a) GDPR in conjunction with Art. 9 (2) (a) GDPR.

    4. Duration of storage

    Your personal information will be stored for as long as is necessary to fulfill the purposes described in this Privacy Policy or as required by law, e.g. for tax and accounting purposes.

    5. Possibility of withdrawal of consent and erasure

    You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of the consent does not affect the lawfulness of the processing carried out on the basis of the consent up to the withdrawal.

    You can prevent tawk.to from collecting and processing your personal data by blocking the storage of third-party cookies on your computer, by using the “Do Not Track” feature of a supporting browser, by deactivating the execution of script code in your browser, or by installing a script blocker such as NoScript (https://noscript.net/) or Ghostery (https://www.ghostery.com) in your browser.

    For further information on objection and erasure options against tawk.to, please visit:

    https://www.tawk.to/privacy-policy/

    This privacy policy has been created with the assistance of DataGuard.