Data protection

as of: 20th May 2020

We are very pleased that you are interested in our company. Data protection has a particularly high priority for the management. Use of the website is generally possible without providing any personal data. If a data subject wishes to use our company’s special services via our website, processing of personal data may be necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, for example the name, address, email address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in accordance with the country-specific data protection regulations that apply to us. With this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Data subjects are also informed about their rights by means of this data protection declaration.

As the controller, we have implemented numerous technical and organizational measures to ensure the most complete protection possible for the personal data processed via this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us in alternative ways, for example by telephone.

Definitions

The data protection declaration is based on the terminology used by the European directors and regulators when the General Data Protection Regulation (GDPR) was adopted. 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 in this data protection declaration:

  • a) Personal data

    Personal data is all information that relates to an identified or identifiable natural person (hereinafter “data subject”). An identifiable person is a natural person who, directly or indirectly, in particular by assigning an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics, expresses the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person can be identified.

  • b) data subject

    Affected person is any identified or identifiable natural person whose personal data are processed by the controller.

  • c) processing

    Processing is any operation or series of operations carried out with or without the help of automated processes in connection with personal data such as the collection, collection, organization, organization, storage, adaptation or modification, reading, querying, use, Disclosure by transmission, distribution or other form of provision, comparison or linking, restriction, deletion or destruction.

  • d) restriction of processing

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

  • e) Profiling

    Profiling is any type of automated processing of personal data, which consists in the fact that this personal data is used to evaluate certain personal aspects that relate to a natural person, in particular to aspects related to work performance, economic situation, health, personal Analyze or predict the preferences, interests, reliability, behavior, location or change of location of this natural person.

  • f) pseudonymization

    Pseudonymization is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures that ensure that the personal data cannot be assigned to an identified or identifiable natural person.

  • g) controller or controller

    The person responsible or responsible for processing is the natural or legal person, public authority, agency or other body that alone or together with others decides on the purposes and means of processing personal data. If the purposes and means of this processing are specified by Union law or the law of the Member States, the person responsible or the specific criteria for his naming can be provided according to Union law or the law of the Member States.

  • h) Processors

    The processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the person responsible.

  • i) Recipient

    The recipient is a natural or legal person, public authority, agency or other body to which personal data is disclosed, regardless of whether it is a third party or not. However, authorities that may receive personal data as part of a specific investigation mandate under Union law or the law of the Member States are not considered recipients.

  • j) third party

    Third party is a natural or legal person, public authority, agency or other body apart from the data subject, the controller, the processor and the persons who are authorized to process the personal data under the direct responsibility of the controller or processor. </ Li >

  • k) Consent

    Consent is any expression of will voluntarily given by the data subject for the specific case in an informed manner and unequivocally in the form of a declaration or other clear confirmatory act, with which the data subject indicates that they consent to the processing of their personal data is.

Name and address of the data controller

Responsible within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions with data protection character is:

BergschWerk Studios
Dennis Bergsch
Stadtseestr. 21a
63762 Gro├čostheim (Germany)

Phone: +49 (0) 6026/996 392 5
Mobile: +49 (0) 160 – 666 555 4
Email: mail@bergschwerk.de
Web: www.bergschwerk.de

Cookies

The website uses cookies. Cookies are text files that are stored and saved on a computer system via an Internet browser.

Numerous websites 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 websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific internet browser can be recognized and identified using the unique cookie ID.

By using cookies, users of this website can provide more user-friendly services that would not be possible without the cookie setting.

A cookie can be used to optimize the information and offers on our website in the interests of the user. As already mentioned, cookies enable us to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. The user of a website that uses cookies, for example, does not have to enter his access data every time he visits the website, because this is carried out by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in the online shop. The online shop remembers the items that a customer has placed in the virtual shopping cart via a cookie.

The person concerned can prevent the setting of cookies by our website at any time by means of a corresponding setting of the internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time using an Internet browser or other software programs. This is possible in all common internet browsers. If the person concerned deactivates the setting of cookies in the internet browser used, under certain circumstances not all functions of our website can be used to their full extent.

Collection of general data and information

The website collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server’s log files. The following can be recorded: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites that use an accessing system on our website can be controlled, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system and (8) other similar data and information that serves to avert risks in the event of attacks on our information technology systems.

When using this general data and information, no conclusions are drawn about the person concerned. Rather, this information is required to (1) deliver the content of our website correctly, (2) optimize the content of our website and the advertising for it, (3) to ensure the long-term functionality of our information technology systems and the technology of our website and ( 4) to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber attack. This anonymously collected data and information is therefore statistically evaluated by us on the one hand and also with the aim of increasing data protection and data security in our company in order to ultimately 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.

Registration on our website

The data subject has the option of registering on the website of the data controller by providing personal data. Which personal data are transmitted to the person responsible for processing results from the respective input mask used for registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for their own purposes. The controller can arrange for the transfer to one or more processors, for example a parcel service provider, who also uses the personal data exclusively for internal use, which is attributable to the controller.

By registering on the website of the controller, the IP address assigned by the data subject’s Internet service provider (ISP), the date and time of registration are also saved. This data is stored against the background that the misuse of our services can only be prevented in this way and, if necessary, this data enables crimes committed to be investigated. In this respect, the storage of this data is necessary to secure the data controller. In principle, this data will not be passed on to third parties unless there is a legal obligation to pass it on or the passing on is used for criminal prosecution.

The registration of the data subject with the voluntary provision of personal data serves the data controller to offer the data subject content or services that, due to the nature of the matter, can only be offered to registered users. Registered persons are free to change the personal data provided during registration at any time or to have them completely deleted from the data base of the controller.

The person responsible for processing will provide each data subject with information on what personal data about the data subject is stored at any time on request. Furthermore, the person responsible for processing corrects or deletes personal data at the request or advice of the data subject, provided that there are no statutory retention requirements. The entire staff of the controller is available to the data subject as a contact person in this context.

Contact option via the website

Due to legal regulations, the website contains information that enables quick electronic contact to our company and direct communication with us, which also includes a general address for the so-called electronic mail (e-mail address). If a data subject contacts the data controller by email or via a contact form, the personal data transmitted by the data subject will be automatically saved. Such data transmitted voluntarily by a data subject to the data controller are stored for the purposes of processing or contacting the data subject. This personal data is not passed on to third parties.

Comment function in the blog on the website

We offer users the opportunity to leave individual comments on individual blog posts on a blog located on the website of the controller. A blog is a portal that is usually listed on a website and can be viewed publicly, in which one or more people, called bloggers or web bloggers, can post articles or write down thoughts in so-called blog posts. The blog posts can usually be commented on by third parties.

If a data subject leaves a comment on the blog published on this website, in addition to the comments left by the data subject, information on the time the comment was entered and the user name (pseudonym) chosen by the data subject are saved and published. Furthermore, the IP address assigned by the data subject’s Internet service provider (ISP) is also logged. This IP address is saved for security reasons and in the event that the data subject violates the rights of third parties by posting a comment or posts illegal content. The storage of this personal data is therefore in the own interest of the person responsible for the processing, so that he could, if necessary, exculpate himself in the event of an infringement. The personal data collected will not be passed on to third parties unless such transfer is required by law or serves to defend the rights of the controller.

Gravatar

The Gravatar Service from Auttomatic is used for comments. Gravatar compares your email address and – if you are registered there – displays your avatar picture next to the comment. If you are not registered, no picture will be displayed. Please note that all registered WordPress users are also automatically registered with Gravatar. Details about Gravatar: https://de.gravatar.com

hosting

The hosting services used by us serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services that we use for the purpose of operating this online offer.

Here, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offer based on our legitimate interests in the efficient and secure provision of this online offer in accordance with. Art. 6 para. 1 lit. f GDPR in conjunction Art. 28 GDPR (conclusion of an order processing contract).

Routine deletion and blocking of personal data

The data controller processes and stores personal data of the data subject only for the period necessary to achieve the storage purpose or if this is done by the European legislator or other legislator in laws or regulations, which of the data controllers subject, was provided.

If the storage purpose ceases to apply or if a storage period stipulated by the European directive and regulation provider or another responsible legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

Rights of the data subject

  • a) Right to confirmation

    Every data subject has the right granted by the European directive and regulation giver to ask the data controller to confirm whether personal data concerning them are being processed. If a data subject wishes to exercise this right of confirmation, they can contact an employee of the controller at any time.

  • b) Right to information

    Any person affected by the processing of personal data has the right granted by the European directive and regulation giver to receive free of charge information about the personal data stored about him and a copy of this information from the controller at any time. In addition, the European directive and regulation giver has given the data subject access to the following information:

    • the processing purposes
    • the categories of personal data that are processed
    • the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organizations
    • if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
    • the existence of a right to correction or deletion of the personal data concerning them or to restriction of processing by the person responsible or a right to object to this processing
    • the right to lodge a complaint with a supervisory authority
    • if the personal data is not collected from the data subject: All available information about the origin of the data
    • the existence of automated decision-making including profiling in accordance with Article 22 Paragraph 1 and 4 GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject </ li>

    The data subject also has the right to information as to whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to receive information about the appropriate guarantees in connection with the transfer.

    If a data subject wishes to exercise this right to information, they can contact an employee of the controller at any time.

  • c) Right to rectification

    Any person affected by the processing of personal data has the right granted by the European directive and regulation giver to request the immediate correction of incorrect personal data concerning them. In addition, the data subject has the right to request the completion of incomplete personal data, also by means of a supplementary statement, taking into account the purposes of the processing.

    If a data subject wishes to exercise this right of correction, they can contact an employee of the controller at any time.

  • d) Right to erasure (right to be forgotten)

    Any person affected by the processing of personal data has the right granted by the European directive and regulation giver to demand from the responsible person that the personal data concerning them be deleted immediately if one of the following reasons applies and if the processing is not necessary:

    • The personal data was collected for such purposes or otherwise processed for which it is no longer necessary.
    • The data subject withdraws their consent on which the processing was based in accordance with Article 6 (1) (a) GDPR or Article 9 (2) (a) GDPR, and there is no other legal basis for this Processing.
    • The data subject objects to the processing in accordance with Art. 21 (1) GDPR and there are no overriding legitimate reasons for the processing, or the data subject objects to the processing in accordance with Art. 21 (2) GDPR against processing.
    • The personal data was processed illegally.
    • The deletion of personal data is necessary to fulfill a legal obligation under Union law or the law of the member states to which the controller is subject.
    • The personal data was collected in relation to information society services offered in accordance with Art. 8 Para. 1 GDPR.

    If one of the above reasons applies and a data subject wishes to have the personal data stored stored deleted, they can contact an employee of the controller at any time. The employee will arrange for the request for deletion to be complied with immediately.

    If the personal data were made public and our company is responsible as a responsible person according to Art. 17 Para. 1 GDPR to delete the personal data, we take appropriate measures, also technical, to take account of the available technology and implementation costs to inform the data processing officers who process the published personal data that the data subject has requested the deletion of all links to this personal data or copies or replications of these personal data from these other data controllers, unless the processing is required. The employee will arrange the necessary in individual cases.

  • e) Right to restriction of processing

    Any person affected by the processing of personal data has the right granted by the European directive and regulation giver to request the controller to restrict processing if one of the following conditions is met:

    • The correctness of the personal data is contested by the data subject, for a period that enables the controller to check the correctness of the personal data.
    • The processing is unlawful, the data subject refuses to delete the personal data and instead requests that the use of the personal data be restricted.
    • The controller no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims.
    • The data subject has objected to the processing acc. Art. 21 para. 1 GDPR and it is not yet clear whether the legitimate reasons of the person responsible outweigh those of the data subject.

    If one of the above requirements is met and a data subject wishes to request the restriction of personal data that is stored, they can contact an employee of the controller at any time. The employee will arrange for the processing to be restricted.

  • f) Right to data portability

    Each person affected by the processing of personal data has the right granted by the European directive and regulation giver to receive the personal data concerning them, which were provided to a responsible person by the data subject, in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data has been provided, provided that the processing is based on consent in accordance with Art. 6 Para. 1 Letter a GDPR or Art. 9 Para . 2 letter a GDPR or on a contract in accordance with Article 6 paragraph 1 letter b GDPR and the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task that is in the public interest or in Public authority is exercised, which has been transferred to the person responsible.

    Furthermore, when exercising their right to data portability in accordance with Art. 20 Para. 1 GDPR, the data subject has the right to have the personal data transferred directly from one person responsible to another, insofar as this is technically feasible and if so this does not affect the rights and freedoms of other people.

    The data subject can contact us at any time to assert the right to data portability.

  • g) Right to object

    Any person affected by the processing of personal data has the right granted by the European directive and regulation giver, for reasons arising from their particular situation, at any time against the processing of personal data concerning them, which is based on Art. 6 Para. 1 Letter e or f DS-GVO takes place to object. This also applies to profiling based on these provisions.
    In the event of an objection, we will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims .

    If we process personal data in order to operate direct mail, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is connected to such direct advertising. If the data subject objects to processing for direct marketing purposes, we will no longer process the personal data for these purposes.

    In addition, the person concerned has the right to object to the processing of personal data relating to him or her, which is carried out for scientific or historical research purposes or for statistical purposes in accordance with Article 89 (1) GDPR, for reasons arising from their particular situation unless such processing is necessary to fulfill a task in the public interest.

    To exercise the right to object, the data subject can contact any employee directly. The data subject is also free to exercise their right of objection in connection with the use of information society services, regardless of Directive 2002/58 / EC, by means of automated procedures that use technical specifications.

  • h) Automated decisions in individual cases including profiling

    Any person affected by the processing of personal data has the right granted by the European directors and regulators not to be subjected to a decision based solely on automated processing – including profiling – which has a legal effect on them or similarly significantly affects them, if the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is permissible due to Union or Member State law to which the controller is subject and this legislation takes appropriate measures to protect the rights and freedoms as well as the legitimate interests of the data subject or (3) with the express consent of the data subject.

    If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the person responsible or (2) it takes place with the express consent of the data subject, we take the appropriate measures to protect the rights and freedoms as well as the legitimate interests to protect the data subject, which includes at least the right to obtain the intervention of a person on the part of the person responsible, to state their own position and to contest the decision.

    If the data subject wishes to assert rights with regard to automated decisions, they can contact an employee of the controller at any time.

  • i) Right to withdraw consent under data protection law

    Every person affected by the processing of personal data has the right granted by the European directive and regulatory authority to revoke their consent to the processing of personal data at any time.

    If the data subject wishes to exercise their right to withdraw consent, they can contact an employee of the controller at any time.

Legal basis for processing

Art. 6 Ilit. a GDPR serves our company as the legal basis for processing operations in 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 a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of any other service or consideration, the processing is based on Art 6 Ilit. b GDPR. The same applies to such processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as to fulfill tax obligations, the processing is based on Art. 6 Ilit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company were injured and his name, age, health insurance data or other vital information had to be passed on to a doctor, a hospital or other third parties. Then the processing would be based on Art. 6 Ilit. d GDPR are based.
Ultimately, processing operations could be based on Art. 6 Ilit. f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if processing is necessary to safeguard the legitimate interests of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not outweigh them. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, he took the view that a legitimate interest could be assumed if the data subject is a customer of the person responsible (recital 47 sentence 2 GDPR).

legitimate interests in processing that are being pursued by the controller or a third party

The processing of personal data is based on Article 6 Ilit. f GDPR is our legitimate interest in carrying out our business for the benefit of all our employees and our shareholders.

Duration for which the personal data is stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After the deadline has expired, the corresponding data will be routinely deleted, provided that it is no longer required to fulfill or initiate a contract.

Statutory or contractual regulations for the provision of personal data; Necessity for the conclusion of the contract; Obligation of the data subject to provide the personal data; possible consequences of not providing

We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information about the contracting party).
Sometimes it may be necessary to conclude a contract that a data subject provides us with personal data that we subsequently have to process. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide personal data would result in the contract not being concluded with the person concerned.
Before the data subject provides personal data, the data subject must contact one of our employees. Our employee clarifies the person concerned on a case-by-case basis whether the provision of personal data is required by law or contract or is required for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of not providing the personal data.

Existing automated decision making

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