Terms of Use

Compliance of the Terms of Use

Please only use the service on this website if you agree to all of the following terms of use described below. Whenever you use the service, create an account and by downloading, streaming, uploading or viewing any content from or to this website, you ensure that you read and understood the Terms of Use and the Cookie Policy and the Privacy Policy and that you will follow and accept them. By using the platform you also warrant that you are 18 years old or older, or the applicable age of majority in your country, or if you are younger then 18 years of age or the age of majority in your country, you are at least 13 years of age or more and you have your parent(s) or legal guardian(s) permission to use the service on this website.

Modification to Terms of Use

We have the right, at any time, to modify, change, replace or alter these Terms of Use. At the end of the Terms of Use you can always see the date of the last change of the Terms of Use. You are responsible to make sure, that you check the page from time to time to see if there have been any updates. If the Terms of Use change after your registration, we will notify you via email. The email will be send to the email-address that you specified and provided to us. The changed terms of use will be effective for you six weeks after we notified you. You are not obligated to keep on using our service if you disagree with the new Terms of Use. If you don’t delete your account within six weeks after we notified you, we will constitute that you accept the modified Terms of Use.

Your usage of the Service

You must not use the service on this website to upload, copy, display, make available or promote:
  • any content that is insulting, offensive, pronographic or obscene;
  • any content that encourages or popularizes violence, hatred, terrorism or racism;
  • any content that that promotes hate on the grounds of ethnicity, religious beliefe, gender, sexual orientation, or content that is unacceptable in linkpagebuddy’s reasonable judgement;
  • any content or material that breaches the rights of third parties, including for example trademark rights, copyrights, or rights of privacy or publicity;
  • any content that breaches the law or the regulation;
  • any content or material that contains a virus, spyware, or any component that could be harmful or vicious;
  • any component or content that might impair or overburden the service or our serves;
  • any content that could disturb any other users use of the platform.
    • It is forbidden to use or try to use someone else’s account. You can only do so, if you have the explicit agreement from the other person. At any time you are using the Service you agree to obey the above described Terms of Use. You also agree and accept that linkpagebuddy has the right to delete your account or to take other measures that only linkpagebuddy, in its exclusive judgement, sees fit, if you breach any of the Terms of Use. This could also consist of going to court or reporting your behavior to the authorities.

    The Content of the User

    Anything you (the user) upload to this service (e.g. audio, text, pictures, comments, graphics and other content) even data or information that you upload, store, exchange, submit or make available to or via this Service (hereinafter „Your Content„) is created, controlled and owned only by you and not by linkpagebuddy. We, linkpagebuddy do not demand any ownership rights in Your Content. Therefore you accept and agree that Your Content falls only under your sole responsibility. If you do not hold the rights to Your Content, you must not upload, send, distribute, store, transmit, perform, display, make it available or communicate it to the public.This also includes any unauthorized use of copyright protected material within Your Content (e.g bootlegs, unauthorized remixes, reproduction, modification, adaptation, public performance). Even if this material become authorized at a later point, it is still a breach of someone else rights and therefore completely forbidden. Any breach of these Terms of Use or infringements of third party rights may cause the deletion of your account to this service and might also end up with the criminal prosecution by the rights holder.

    Warrant and Grant of License

    When you upload Your Content to this service, you grant a limited, non-exclusive, royalty-free, worldwide, fully paid up, license to other users of this Service and to users of any other website or app, that has shared or imbedded Your Content. You grant the license to use, share, listen, transit, publicly display, distribute publicly perform, prepare, adapt, compile, prepare derivative works of, make available or communicate to the public. Whenever you remove Your Content from your account, we will also remove the file or the files from our servers. If Your Content is shared or linked to a linked service, linkpagebuddy does not take responsibility and is not compelled to make sure that Your Content is also deleted on any other Linked Service.

    Warranties

    Herewith you warrant to linkpagebuddy that:
  • Your Content is an original work by you, or that you have the rights and permissions to use it at any time during your use.
  • linkpagebuddy is allowed to use Your Content pursuant to theses Terms of Use.
  • Your Content does not and will not in the future breach or infringe the rights of anyone else (including e.g copyrights, intellectual property rights, rights of privacy, confidential informations, or the rights of performers.)
  • Your Content has all necessary permissions of anyone appearing in Your Content, so that you can include their name, voice, picture or performance. And that you also have the permission to publish this content on this service or any linked services.
  • Your Content and your comments and posts that you may post on this service, will not be against the law, insulting, pornographic or improper.
  • Your Content will not encourage or popularizes violence, hatred, terrorism or racism.
  • Your Content will not promote hate on the grounds of ethnicity, religious beliefe, gender, sexual orientation.
  • Your Content will not create liability to linkpagebuddy and anyone working for and with linkpagebuddy or any shareholder or stakeholder of linkpagebuddy and possible linked services.
    linkpagebuddy has the right to delete Your Content or your Account and your access to the service and will take all legal measures if we see that any of Your Content might infringe any of these Terms of Use or any of your above warranties or anyone else’s rights or braches any law.

    Responsibility for the content

    Herewith you understand and agree that linkpagebuddy:
  • is allowed to store content and informations when a user requests, directs or authorizes it.
  • is only a passiv connector and/or host of any user generated content that has been uploaded, stored and/or distributed by the user.
  • doesn’t help the user in the way he presents or uses the Content. linkpagebuddy therefor only plays a passiv role as host of the content
  • has no responsibility for the activities and the content of the user. The only one who is responsible for the way he uploads, posts or distributes the content is the user himself.

    Reporting

    If there is any Content on this website, that you think breaches your copyright, please report it immediately by sending us an email to info@linkpagebuddy.com

    Third Party Websites

    linkpagebuddy may grant access for you to other this party websites, servers, databases, networks, information, programs, software, systems, applications, directories, products, services and also linked services (hereinafter „Third Party Services“). Since linkpagebuddy hasn’t got any control and responsibility for any Third Party Services, it cannot be responsible for the content, operation or use of the Third Party Services. Keep in mind that other Third Party Services might have different Terms of Use and a different privacy policy than linkpagebuddy does. Therefore you are also responsible to read all Terms of Use of the Third Party Services. The use of these Third Party Services in at your own responsibility and your sole risk. linkpagebuddy refuses all liability if any Third Party Service causes any damage. You also renounce any claim against linkpagebuddy regarding any operations or content of any Third Party Services.

    Deleting of Content

    linkpagebuddy has no legal obligation to screen and monitor all the user generated content on this Website and Service. Therefore linkpagebuddy has the right to delete or to block any content and any access to any content at any time, whenever we believe that this content might breach or infringe these Terms of Use, the rights of a third party, infringes the law, or seems in any other way inappropriate to linkpagebuddy.

    Repeated breach

    linkpagebuddy has the right to delete your access to this Service and to terminate your account if you have repeatedly infringed the Terms of Use of linkpagebuddy. Any third party can notify linkpagebuddy that your content breaches the rights, including the copyrights, of another third party, or that your content infringes our Terms of Use. If this notification is valid, we will notify you with a written warning. If you receive three of these warnings, you are liable and we are responsible to delete your account and your access to the service.

    Disclaimer

    linkpagebuddy, including all content, apps, websites and services and anything that is accessed through or via the just mentioned, are provided „as is“, „as available“, and „with all faults“. linkpagebuddy, does not guarantee that the upload and the transmission of the upload of your content to this service will be secure, Neighter does linkpagebuddy warrant that any elements of the services, that are build to prevent unauthorized access, will be effective. linkpagebuddy does not guarantee that using this service is lawful in any particular country or jurisdiction.

    Last Amended: 24 May 2018

    Privacy Policy

    We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the Berger, Böhm GbR. The use of the Internet pages of the Berger, Böhm GbR is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

    The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Berger, Böhm GbR. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

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

    1. Definitions

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

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

  • a)    Personal data

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

  • b) Data subject

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

  • c)    Processing

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

  • d)    Restriction of processing

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

  • e)    Profiling

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

  • f)     Pseudonymisation

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

  • g)    Controller or controller responsible for the processing

    Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

  • h)    Processor

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

  • i)      Recipient

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

  • j)      Third party

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

  • k)    Consent

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

    • 2. Name and Address of the controller

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

    Berger, Böhm GbR

    Gaußstr. 10

    51063 Köln

    Germany

    Email: info@linkpagebuddy.com

    Website: www.linkpagebuddy.com

    3. Cookies

    The Internet pages of the Berger, Böhm GbR use cookies. Cookies are text files that are stored in a computer system via an Internet browser.

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

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

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

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

    4. Collection of general data and information

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

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

    5. Registration on our website

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

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

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

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

    6. Subscription to our newsletters

    On the website of the Berger, Böhm GbR, users are given the opportunity to subscribe to our enterprise's newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.

    The Berger, Böhm GbR informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise's newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.

    During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.

    The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.

    7. Newsletter-Tracking

    The newsletter of the Berger, Böhm GbR contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the Berger, Böhm GbR may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.

    Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. The Berger, Böhm GbR automatically regards a withdrawal from the receipt of the newsletter as a revocation.

    8. Contact possibility via the website

    The website of the Berger, Böhm GbR contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

    9. Routine erasure and blocking of personal data

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

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

    10. Rights of the data subject

  • a) Right of confirmation

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

  • b) Right of access

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

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

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

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

  • c) Right to rectification

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

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

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

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

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

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

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

  • e) Right of restriction of processing

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

  • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
  • The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
  • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
  • The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

    • If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Berger, Böhm GbR, he or she may at any time contact any employee of the controller. The employee of the Berger, Böhm GbR will arrange the restriction of the processing.

  • f) Right to data portability

    Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

    Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

    In order to assert the right to data portability, the data subject may at any time contact any employee of the Berger, Böhm GbR.

  • g) Right to object

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

    The Berger, Böhm GbR shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

    If the Berger, Böhm GbR processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Berger, Böhm GbR to the processing for direct marketing purposes, the Berger, Böhm GbR will no longer process the personal data for these purposes.

    In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Berger, Böhm GbR for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

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

  • h) Automated individual decision-making, including profiling

    Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.

    If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, the Berger, Böhm GbR shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

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

  • i) Right to withdraw data protection consent

    Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

    If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the Berger, Böhm GbR.

    • 11. Data protection for applications and the application procedures

    The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).

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

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

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

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

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

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

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

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

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

    13. Legal basis for the processing

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

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

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

    15. Period for which the personal data will be stored

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

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

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

    17. Existence of automated decision-making

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

    Last Amended: 24 May 2018