Data privacy statement

Privacy policy
 

1. Introduction

With the following information, we would like to give you as a "data subject" an overview of the processing of your personal data by us and your rights under the data protection laws. In principle, it is possible to use our website without entering personal data. However, if you want to use special services of our enterprise via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain your consent.

The processing of personal data, such as your name, address or e-mail address, is always in line with the Data Protection Regulation (DS-GVO). By means of this data protection declaration, we would like to inform you about the scope and purpose of the personal data collected, used and processed by us.

As the controller, we have implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. For this reason, you are also free to transmit personal data to us by alternative means, for example by telephone or by post.



2. Responsible

The responsible person within the meaning of the DS-GVO is:
Berenbrinker Service GmbH
Leinenweg 57
33415 Verl
Germany
Tel.: 49 (0)5246 – 9649053
E-Mail: info@berenbrinker.de

 


3. Data Protection Officer

You can reach the data protection officer as follows:

datenschutz-berenbrinker@audatis.de

You can contact our data protection officer directly at any time with all questions and suggestions regarding data protection.


4. Definitions

The data protection declaration is based on the terms used by the European Directive and Ordinance Maker when enacting the General Data Protection Regulation (DS-GVO). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

We use the following terms, among others, in this data protection declaration:

1. personal data

Personal data is any information relating to an identified or identifiable natural person. 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.

2. data subject

Data subject means any identified or identifiable natural person whose personal data is processed by the controller (our company).

3. processing

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

4. restriction of processing

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

5. profiling

Profiling is any type of automated processing of personal data which consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.

6. pseudonymisation

Pseudonymisation is the processing of personal data in such a way 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 which ensure that the personal data are not attributed to an identified or identifiable natural person.

7. processor

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

8. recipient

Recipient means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients.

9. third party

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

10. Consent

Consent shall mean any freely given specific and informed indication of the data subject's wishes, in the form of a statement or other unambiguous affirmative act, by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.



5. Contact form and e-mail contact

5.1 Description and scope of data processing

Our website contains a contact form that can be used for electronic contact. If a user takes advantage of this option, the data entered in the input mask is transmitted to us and stored. These data are:

  • Name
  • E-mail address
  • Telephone number
  • Request

The following data is also stored at the time the message is sent:

  • The IP address of the user
  • Date and time of registration

For the processing of the data, your consent is obtained during the sending process and reference is made to this data protection declaration.

Alternatively, it is possible to contact us via the e-mail address provided. In this case, the user's personal data transmitted with the e-mail will be stored.

In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.

5.2 Legal basis for data processing

The legal basis for the processing of data is Art. 6 (1) lit. a DS-GVO if the user has given his or her consent.

The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f DS-GVO. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b DS-GVO.

5.3 Purpose of the data processing

The processing of the personal data from the input mask serves us solely to process the contact. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in processing the data.

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

5.4 Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when the circumstances indicate that the matter in question has been conclusively clarified.

The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

5.5 Possibility of objection and removal

The user has the option to revoke his or her consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time by e-mail. In such a case, the conversation cannot be continued.

All personal data stored in the course of contacting us will be deleted in this case.

5.6 Processing of data (customer and contract data)

We collect, process and use personal data only insofar as they are necessary for the establishment, content or amendment of the legal relationship (inventory data). This is done on the basis of Art. 6 (1) lit. b DSGVO, which permits the processing of data for the fulfilment of a contract or pre-contractual measures. We collect, process and use personal data about the use of our Internet pages (usage data) only insofar as this is necessary to enable the user to use the service or to bill the user.

The collected customer data will be deleted after completion of the order or termination of the business relationship. Statutory retention periods remain unaffected.


6. Technology

6.1 SSL/TLS encryption

This site uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login data or contact requests that you send to us as the operator. You can recognise an encrypted connection by the fact that the address line of the browser contains a "https://" instead of a "http://" and by the lock symbol in your browser line.

We use this technology to protect your transmitted data.

6.2 Data collection when visiting the website

When you use our website for information purposes only, i.e. if you do not register or otherwise transmit information to us, we only collect the data that your browser transmits to our server (in so-called "server log files"). Our website collects a series of general data and information each time you or an automated system access a page. This general data and information is stored in the server log files. The following can be recorded

1. browser types and versions used,
2. the operating system used by the accessing system,
3. the website from which an accessing system arrives at our website (so-called referrer),
4. the sub-websites which are accessed via an accessing system on our website,
5. the date and time of an access to the website,
6. an internet protocol address (IP address),
7. the internet service provider of the accessing system.

When using this general data and information, we do not draw any conclusions about your person. Rather, this information is required in order to

1. deliver the contents of our website correctly,
2. optimise the contents of our website as well as the advertising for it
3. to ensure the permanent functionality of our IT systems and the technology of our website, and
4. to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack.

Therefore, the data and information collected are, on the one hand, statistically evaluated and, on the other hand, evaluated with the aim of increasing the data protection and data security of our enterprise so as to ultimately ensure an optimal level of protection for the personal data we process. The data of the server log files are stored separately from any personal data provided by a data subject.

The legal basis for the data processing is Art. 6 para. 1 p. 1 lit. f DS-GVO. Our legitimate interest follows from the purposes for data collection listed above.

6.3 Encrypted payment transactions

If there is an obligation to transmit your payment data (e.g. account number in the case of direct debit authorisation) to us after the conclusion of a contract with costs, this data is required for payment processing.

Payment transactions via the common means of payment (Visa/MasterCard, direct debit) are made exclusively via an encrypted SSL or TLS connection. You can recognise an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

We use this technology to protect your transmitted data.


7. Transmission of data to third parties

We do not transfer your personal data to third parties for purposes other than those listed below.

We only pass on your personal data to third parties if:

1. you have given your express consent to do so in accordance with Art. 6 (1) p. 1 lit. a DS-GVO,
2. the disclosure is permissible in accordance with Art. 6 Para. 1 Sentence 1 lit. f DS-GVO to protect our legitimate interests and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data,
3. in the event that there is a legal obligation to disclose your data pursuant to Art. 6 para. 1 sentence 1 lit. c DS-GVO, as well as
4. this is legally permissible and necessary for the processing of contractual relationships with you according to Art. 6 para. 1 sentence 1 lit. b DS-GVO.



8. Cookies

8.1 General information about cookies

We use cookies on our website. These are small files that your browser automatically creates and that are stored on your IT system (laptop, tablet, smartphone or similar) when you visit our site.

Information is stored in the cookie that is related to the specific end device used. However, this does not mean that we gain direct knowledge of your identity.

The use of cookies serves, on the one hand, to make the use of our offer more pleasant for you. We use so-called session cookies to recognise that you have already visited individual pages of our website. These are automatically deleted after you leave our site.

In addition, we also use temporary cookies to optimise user-friendliness, which are stored on your end device for a certain fixed period of time. If you visit our site again to use our services, it is automatically recognised that you have already been to our site and which entries and settings you have made so that you do not have to enter them again.

On the other hand, we use cookies to statistically record the use of our website and to evaluate it for the purpose of optimising our offer for you. These cookies enable us to automatically recognise that you have already been to our website when you visit it again. These cookies are automatically deleted after a defined period of time.

8.2 Legal basis for the use of cookies

The data processed by cookies, which are required for the proper functioning of the website, are thus necessary to protect our legitimate interests as well as those of third parties in accordance with Art. 6 (1) sentence 1 lit. f DS-GVO.

For all other cookies, it applies that you have given your consent to this within the meaning of Art. 6 (1) lit. a DS-GVO via our opt-in cookie banner.


9. Contents of our website

9.1 Data processing when opening a customer account and for the execution of a contract

Pursuant to Art. 6 para. 1 lit. b DS-GVO, personal data is collected and processed if you provide it to us for the execution of a contract or when opening a customer account. Which data is collected can be seen from the respective input forms. Deletion of your customer account is possible at any time and can be done by sending a message to the above address of the person responsible. We store and use the data provided by you for the purpose of processing the contract. After complete processing of the contract or deletion of your customer account, your data will be blocked with regard to tax and commercial law retention periods and deleted after expiry of these periods, unless you have expressly consented to further use of your data or a legally permitted further use of data has been reserved on our part, about which we inform you accordingly below.

9.2 Data processing for order processing

The personal data collected by us will be passed on to the transport company commissioned with the delivery as part of the contract processing, insofar as this is necessary for the delivery of the goods. We pass on your payment data to the commissioned credit institution within the framework of payment processing, insofar as this is necessary for payment processing. If payment service providers are used, we will explicitly inform you about this below. The legal basis for the transfer of the data is Art. 6 Para. 1 lit. b DS-GVO.

9.3 Conclusion of contracts with online shops, retailers and dispatch of goods

We only transmit personal data to third parties if this is necessary within the framework of the contract processing, for example to the companies entrusted with the delivery of the goods or to the credit institution entrusted with the payment processing. Further transmission of data does not take place or only if you have expressly consented to the transmission. Your data will not be passed on to third parties without your express consent, for example for advertising purposes.

The basis for data processing is Art. 6 para. 1 lit. b DS-GVO, which permits the processing of data for the fulfilment of a contract or pre-contractual measures.

9.4 Contacting us / contact form

Personal data is collected when contacting us (e.g. via contact form or e-mail). Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of answering your request or for contacting you and the associated technical administration. The legal basis for processing the data is our legitimate interest in responding to your request in accordance with Art. 6 Para. 1 lit. f DS-GVO. If your contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) lit. b DS-GVO. Your data will be deleted after final processing of your request; this is the case if it can be inferred from the circumstances that the matter concerned has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.

9.5 Application management / job exchange

We collect and process the personal data of applicants for the purpose of managing the application process. The processing may also take place electronically. This is particularly the case if an applicant sends us the relevant application documents electronically, for example by e-mail or via a web form on the website. If we conclude an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If we do not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests on our part oppose deletion. Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).

In this respect, the data processing is carried out on the basis of our legitimate interest pursuant to Art. 6 para. 1 lit. f DS-GVO.

9.6 Consent with Usercentrics

This website uses the consent technology of Usercentrics to obtain your consent to the storage of certain cookies on your device or for the use of specific technologies, and to document the former in a data protection compliant manner. The party offering this technology is Usercentrics GmbH, Sendlinger Straße 7, 80331 München, Germany, website: https://usercentrics.com/ (hereinafter referred to as “Usercentrics”).

Whenever you visit our website, the following personal data will be transferred to Usercentrics:

  • Your declaration(s) of consent or your revocation of your declaration(s) of consent
  • Your IP address
  • Information about your browser
  • Information about your device
  • The date and time you visited our website

Moreover, Usercentrics shall store a cookie in your browser to be able to allocate your declaration(s) of consent or any revocations of the former. The data that are recorded in this manner shall be stored until you ask us to eradicate them, delete the Usercentrics cookie or until the purpose for archiving the data no longer exists. This shall be without prejudice to any mandatory legal retention periods.

The Usercentrics banner on this website has been configured with the assistance of eRecht24. This can be identified by the eRecht24 logo. To display the eRecht24 logo in the banner, a connection to the image server of eRecht24 will be established. In conjunction with this, the IP address is also transferred; however, is only stored in anonymized form in the server logs. The image server of eRecht24 is located in Germany with a German provider. The banner as such is provided exclusively by Usercentrics.

Usercentrics uses cookies to obtain the declarations of consent mandated by law. The legal basis for the use of specific technologies is Art. 6(1)(c) GDPR.

Data processing

We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract mandated by data privacy laws that guarantees that they process personal data of our website visitors only based on our instructions and in compliance with the GDPR.


10. Plugins and other services

10.1 Google WebFonts (local hosting)

This site uses so-called web fonts provided by Google for the uniform display of fonts. The Google Fonts are installed locally. There is no connection to Google servers.

Further information on Google Web Fonts can be found at https://developers.google.com/fonts/faq and in Google's privacy policy: https://www.google.com/policies/privacy/.

10.2 YouTube (videos)

We have integrated YouTube components on this website. YouTube is an Internet video portal that allows video publishers to post video clips free of charge and other users to view, rate and comment on them free of charge. YouTube allows the publication of all kinds of videos, which is why complete film and television programmes, but also music videos, trailers or videos made by users themselves can be accessed via the Internet portal.

The operating company of YouTube is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

Each time you access one of the individual pages of this website operated by us on which a YouTube component (YouTube video) has been integrated, the internet browser on your IT system is automatically prompted by the respective YouTube component to download a representation of the corresponding YouTube component from YouTube. Further information on YouTube can be found at https://www.youtube.com/yt/about/de/. Within the scope of this technical procedure, YouTube and Google receive information about which specific sub-page of our website is visited by you.

If the data subject is logged into YouTube at the same time, YouTube recognises which specific sub-page of our website you are visiting when you call up a sub-page that contains a YouTube video. This information is collected by YouTube and Google and assigned to your YouTube account.

YouTube and Google always receive information via the YouTube component that you have visited our website if you are logged into YouTube at the same time as calling up our website; this takes place regardless of whether you click on a YouTube video or not. If you do not want this information to be transmitted to YouTube and Google, you can prevent the transmission by logging out of your YouTube account before accessing our website.

These processing operations are only carried out if express consent is given in accordance with Art. 6 (1) lit. a DS-GVO.

The privacy policy published by YouTube, which can be found at https://www.google.de/intl/de/policies/privacy/, provides information on the collection, processing and use of personal data by YouTube and Google.


11. Your rights as a data subject

11.1 Right to confirmation

You have the right to request confirmation from us as to whether personal data relating to you is being processed.

11.2 Right to information Art. 15 DS-GVO

You have the right to obtain from us, at any time and free of charge, information about the personal data stored about you as well as a copy of this data in accordance with the legal provisions.

11.3 Right to rectification Art. 16 DS-GVO

You have the right to demand that incorrect personal data concerning you be corrected. You also have the right to request that incomplete personal data be completed, taking into account the purposes of the processing.

11.4 Deletion Art. 17 DS-GVO

You have the right to demand that we delete the personal data concerning you without delay, provided that one of the reasons provided for by law applies and insofar as the processing or further storage is not necessary.

11.5 Restriction of processing Art. 18 DS-GVO

You have the right to demand that we restrict processing if one of the legal requirements applies.

11.6 Data portability Art. 20 DS-GVO

You have the right to receive the personal data concerning you, which has been provided to us by you, in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from us to whom the personal data has been provided, provided that the processing is based on consent pursuant to Art. 6(1)(a) DS-GVO or Art. 9(2)(a) DS-GVO or on a contract pursuant to Art. 6(1)(b) DS-GVO and the processing is carried out with the aid of automated procedures, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.

Furthermore, when exercising your right to data portability pursuant to Article 20(1) of the GDPR, you have the right to have the personal data transferred directly from one controller to another controller where this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.

11.7 Objection Art. 21 DS-GVO

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Art. 6(1)(e) (data processing in the public interest) or (f) (data processing on the basis of a balance of interests) DS-GVO.

This also applies to profiling based on these provisions within the meaning of Art. 4 No. 4 DS-GVO.

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

In individual cases, we process personal data in order to carry out direct advertising. You may object to the processing of personal data for the purpose of such advertising at any time. This also applies to profiling, insofar as it is connected with such direct advertising. If you object to us processing your personal data for direct marketing purposes, we will no longer process the personal data for these purposes.

In addition, you have the right, on grounds relating to your particular situation, to object to processing of personal data concerning you which is carried out by us for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) DS-GVO, unless such processing is necessary for the performance of a task carried out in the public interest.

You are free to exercise your right to object in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

11.8 Withdrawal of consent under data protection law

You have the right to revoke consent to the processing of personal data at any time with effect for the future.

11.9 Complaint to a supervisory authority

You have the right to complain about our processing of personal data to a supervisory authority responsible for data protection.


12. Routine storage, deletion and blocking of personal data

We process and store your personal data only for the period of time required to achieve the purpose of storage or if this has been provided for by the legal provisions to which our company is subject.

If the purpose of storage no longer applies or if a prescribed storage period expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.


13. Newsletter data

If you would like to receive the newsletter offered on the website, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the specified e-mail address and that you agree to receive the newsletter. Further data will not be collected or will only be collected on a voluntary basis. We use this data exclusively for sending the requested information and do not pass it on to third parties. The processing of the data entered in the newsletter registration form is based exclusively on your consent (Art. 6 para. 1 lit. a DSGVO). You can revoke your consent to the storage of the data, the e-mail address and their use for sending the newsletter at any time, for example via the "unsubscribe" link in the newsletter. The legality of the data processing operations already carried out remains unaffected by the revocation.

The data you provide us with for the purpose of receiving the newsletter will be stored by us or the newsletter service provider until you unsubscribe from the newsletter and will be deleted from the newsletter distribution list after you unsubscribe from the newsletter or after the purpose has ceased to exist. We reserve the right to delete or block e-mail addresses from our newsletter distribution list at our own discretion within the scope of our legitimate interest according to Art. 6 Para. 1 lit. f DSGVO.

After you have unsubscribed from the newsletter distribution list, your email address will be stored by us or the newsletter service provider in a blacklist, if necessary, in order to prevent future mailings. The data from the blacklist will only be used for this purpose and will not be merged with other data. This serves both your interest and our interest in complying with the legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 Para. 1 lit. f DSGVO). The storage in the blacklist is not limited in time. You can object to the storage if your interests outweigh our legitimate interest.


14. Analysis tools and advertising

Google Analytics

This website uses functions of the web analysis service Google Analytics. The provider is Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Google Analytics uses so-called "cookies". These are text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.

Google Analytics cookies are stored on the basis of Art. 6 (1) lit. f DSGVO. The website operator has a legitimate interest in analysing user behaviour in order to optimise both its website and its advertising.

IP anonymisation

We have activated the IP anonymisation function on this website. This means that your IP address is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area before being transmitted to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

Browser plugin

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. In addition, you can prevent the collection of the data generated by the cookie and related to your use of the website (incl. your IP address) to Google as well as the processing of this data by Google by downloading and installing the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

Objection to data collection

You can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie will be set, which prevents the collection of your data during future visits to this website: Deactivate Google Analytics.

You can find more information on the handling of user data with Google Analytics in Google's privacy policy: https://support.google.com/analytics/answer/6004245?hl=de.

Order data processing

We have concluded an order data processing contract with Google and fully implement the strict requirements of the German data protection authorities when using Google Analytics.

Demographic characteristics in Google Analytics

This website uses the "demographic characteristics" function of Google Analytics. This allows reports to be generated that contain statements about the age, gender and interests of site visitors. This data comes from interest-based advertising from Google as well as visitor data from third-party providers. This data cannot be assigned to a specific person. You can deactivate this function at any time via the ad settings in your Google account or generally prohibit the collection of your data by Google Analytics as shown in the item "Objection to data collection".


15. Duration of the storage of personal data

The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted if it is no longer required for the fulfilment or initiation of the contract.

 


16. Up-to-dateness and amendment of the privacy policy

This data protection declaration is currently valid and has the status June 2020.

Due to the further development of our websites and offers or due to changed legal or official requirements, it may become necessary to change this data protection declaration. You can access and print out the current data protection statement at any time on the website at https://www.berenbrinker.de/en/data-privacy-statement.html.