DATA PRIVACY STATEMENT
Name and contact data of the controller pursuant to Article 4 para. 7 GDPR
BUSCH PROtective Germany GmbH & CO. KG
Im Heidekamp 16
33334 Gütersloh (Germany)
Security and protection of your personal data
We consider it our paramount task to keep the personal data you have submitted to us strictly confidential and to protect them against unauthorized access. Therefore, we shall apply utmost care and state-of-the-art security standards to ensure maximum protection of your personal data.
As a company under private law we are subject to the regulations of the European General Data Protection Regulation (GDPR) and the provisions of the Federal Data Protection Act (BDSG). We have implemented technical and organizational measures ensuring that the provisions regarding data protection are observed both by us and our external service providers.
The legislator requires personal data to be processed lawfully, fairly and in a transparent manner in relation to the data subject („lawfulness, fairness and transparency“). To ensure this, we inform you about the legal definitions that are also used in this data privacy statement:
- Personal data
“Personal data“ means any information relating to an identified or identifiable natural person (hereinafter referred to as „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.
“Processing“ means 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, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure or otherwise making available, alignment or combination, restriction, erasure or destruction.
- Restriction of processing
“Restriction of processing” means the marking of stored personal data with the aim of limiting their processing in the future;
“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 analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements;
“Pseudonymization” means 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 organizational measures to ensure that the personal data cannot be attributed to an identified or identifiable natural person;
- Filing system
“Filing system” means any structured set of personal data which are accessible according to specific criteria, whether centralized, decentralized or dispersed on a functional or geographical basis;
“Controller” means 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;
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;
“Recipient” means 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;
- Third party
“Third party” means 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 authorized to process personal data;
“Consent” of the data subject means 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;
Lawfulness of processing
Processing of personal data shall be lawful only if and to the extent that there is a legal basis for the processing. Pursuant to Article 6 para. 1 point (a) – (f) GDPR, legal basis for the processing can be in particular:
- The data subject has given consent to the processing of his or her personal data for one or more specific purposes;
- processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
- processing is necessary for compliance with a legal obligation to which the controller is subject;
- processing is necessary in order to protect the vital interests of the data subject or of another natural person;
- processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- processing is necessary for the purposes of the legitimate interests pursued by the controller 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, in particular where the data subject is a child.
Information on the collection of personal data
(1) In the following we inform you about the collection of personal data when using our website. Personal data are, for example, name, address, e-mail addresses, and user behavior.
(2) When you get in contact with us via e-mail or contact form, the data submitted by you (your e-mail address, as the case may be name and phone number) are stored by us to answer your questions. We shall erase the data incurred after their storage is no longer necessary, or we shall restrict processing in case we have the obligation to preserve records.
Collection of personal data when visiting our website
In case you use our website exclusively for information purposes, i.e. if you do not register or submit information to us in any other way, we shall only collect the personal data that are transmitted to our server by your browser. If you want to view our website, we shall collect the following data that are technically required to display our website and to ensure stability and security (legal basis is Article 6 para. 1, sentence 1 point (f) GDPR):
- IP address
- Date and time of inquiry
- Time zone difference to Greenwich Mean Time (GMT)
- Content of request (specific page)
- Access status / HTTP status code
- Data volume transmitted
- Website from which the inquiry is sent
- Operating system and its interface
- Language and version of browser software.
(1) In addition to the data as mentioned before, cookies are stored on your computer when using our website. Cookies are small text files that are stored on your hard disc and by which the site placing the cookie receives specific information. Cookies cannot run programs or transmit viruses to your computer. They serve for making the entire internet offer more user-friendly and more effective.
(2) This website uses the following kinds of cookies, the extent and functionality of which are explained hereinafter:
- Transient cookies (see a.)
- Persistent cookies (see b.).
- Transient cookies are automatically erased when you close your browser. They include in particular session cookies. These store a so-called session ID, by which different inquiries of your browser can be attributed to the joint session. This allows recognizing your computer when you return to our website. Session cookies are erased once you log out or close the browser.
- Persistent cookies are automatically erased after a predefined period of time that may differ depending on the cookie. You may erase the cookies in the security settings of your browser at any time.
- You may configure your browser settings according to your wishes and, for example, refuse the delivery of third-party cookies or of all cookies. So-called “third-party cookies” are cookies that were placed by a third party, i.e. not by the particular website you are currently visiting. We point out that you may possibly not be able to use all functions of this website when deactivating cookies.
Further functions and offers of our website
(1) Besides the use of our website for information purposes only, we offer various services which you may use if interested. To this end, you will usually have to indicate further personal data which we use for performing the respective service and to which the aforementioned principles regarding data processing shall apply.
(2) We partly commission external service providers to process your data. These were carefully selected and commissioned by us, are subjected to our instructions and are monitored in regular intervals.
(3) Furthermore, we shall be entitled to transmit your personal data to third parties in case we offer participation in promotions, prize games, and conclusion of contracts or similar services jointly with partners. You will receive further information when entering your personal data or below in the description of the offer.
(4) Insofar as our service providers or partners are based in a country outside the European Economic Area (EEA), we shall inform you about the consequences of this circumstance in the description of the offer.
Our offer basically addresses adults. Persons below the age of 18 should not transmit personal data to us without the consent of their parents or legal guardians.
Rights of the data subject
(1) Withdrawal of consent
Insofar as the processing of personal data is based on a given consent, you shall have the right to withdraw your consent at any time. The lawfulness of processing that has been executed up to the time your withdrawal of consent is received shall not be affected.
For exercising your right to withdrawal of consent, you may contact us at any time.
(2) Right to receive confirmation
You shall have the right to request a confirmation from the controller whether we process personal data concerning you. You may request the confirmation at any time using the above mentioned contact data.
(3) Right to access
Insofar as personal data are processed, you may request information on these personal data and the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
- 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 by the controller, or the right to object to such processing;
- 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 para 1 and 4 GDPR and – at least in those cases – meaningful information about the logic involved as well as the significance and the envisaged consequences of such processing for the data subject.
Where personal data are transferred to a third country or to an international organization, you shall have right to be informed of the appropriate safeguards regarding the transfer pursuant to Article 46 GDPR. We shall provide a copy of the personal data undergoing processing. For any further copies requested by you, we may charge a reasonable fee based on administrative costs. Where you make the request by electronic means, and unless otherwise requested by you, the information shall be provided in a commonly used electronic form. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.
(4) Right to rectification
You shall have the right to obtain from us, without undue delay, the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you shall have the right to have incomplete personal data completed – including by means of providing a supplementary statement.
(5) Right to erasure (“Right to be forgotten“)
You shall have the right to request from the controller the erasure of personal data concerning you without undue delay, and we shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
- 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 on which the processing was based according to point (a) of Article 6(1) or point (a) of Article 9(2), and there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
- The personal data have been unlawfully processed.
- The erasure of the personal data is required 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) GDPR.
Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase them, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of those personal data.
The right to erasure (“right to be forgotten“) shall not apply to the extent that processing is necessary:
- for exercising the right of freedom of expression and information;
- for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3) GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) GDPR, insofar as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing;
- for the establishment, exercise or defense of legal claims.
(6) Right to restriction of processing
You shall have the right to request from us restriction of processing of your personal data, where one of the following prerequisites applies:
- You shall have the right to request from us restriction of processing of your personal data, where one of the following prerequisites applies:
- the processing is unlawful and the data subject opposes the erasure of the personal data and requests 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 defense of legal claims; or
- the data subject has objected to processing pursuant to Article 21(1) GDPR, pending the verification whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted under the aforementioned prerequisites, such personal data shall – with the exception of storage – only be processed with the data subject’s consent, or for the establishment, exercise or defense of legal claims, or for the protection of the rights of another natural or legal persons, or for reasons of important public interest of the Union or of a Member State.
To exercise the right to restriction of processing, the data subject may contact us at any time using the contact data as mentioned above.
(7) Right to data portability
You shall have the right to receive personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format and you shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
- the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2), or on a contract pursuant to point (b) of Article 6(1) GDPR, and
- the processing is carried out by automated means.
In exercising your right to data portability pursuant to paragraph 1, you shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The exercise of the right to data portability shall not affect the right to erasure (“right to be forgotten”) That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
(8) Right to object
You shall have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR; this shall also apply to profiling based on those provisions. The controller shall no longer process the personal data unless he demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.
Where personal data are processed for direct marketing purposes, you shall have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where you object to the processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
You shall have the right, on grounds relating to your particular situation, to object to the processing of personal data concerning you where they are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), unless the processing is necessary for the performance of a task carried out for reasons of public interest.
You may execute you right to object at any time by contacting the respective controller.
(9) Automated individual decision-making, including profiling
You shall have the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning you or similarly impairs you significantly. This shall not apply, if the decision:
- is necessary for fulfilling, or entering into, a contract between the data subject and the controller;
- is authorized 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
- is based on the data subject’s explicit consent.
The controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least including the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
The data subject may exercise this right at any time by contacting the respective controller.
(10) Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or juridical remedy, the data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work, or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this regulation.
(11) Right to an effective judicial remedy
Without prejudice to an available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Artikel 77 DGPR, the data subject shall have the right to an effective judicial remedy, if the data subject considers that the rights he or she is entitled to have been infringed due to a processing of his or her personal data which is not in conformity with this regulation.
Integration of Google Maps
(1) On this website, we make use of the offer of Google Maps. In this way, we can display interactive maps directly on the website thus enabling you to make comfortable use of the map function.
(2) When you visit our website, Google receives the information that you have accessed the respective subpage of our website. In addition, the data as specified in section 3 of this statement are transmitted. This takes place irrespective of whether Google provides a user account where you are logged in or there is not user account at all. If you are logged in with Google, the data are directly attributed to your account. If you do not wish this attribution to your Google profile, you have to log out before activating the button.
Google stores your data as user profiles and uses them for advertising, market research and/or need-based design of its website. Such evaluation is made in particular (even for users that have not logged in) to provide need-based advertising and to inform other users of the social web on your activities on our website. You are entitled to the right to object to the formation of these user profiles; for exercising this right you will have to address Google.
(3) You will receive further information on purpose and extent of the data collection and data processing from the plug-in provider in the data privacy statements of the provider, where you will also obtain information on your rights and setting options to protect your private sphere: http://www.google.de/intl/de/policies/privacy. Google processes your personal data also in the USA and has subjected itself to the EU-US Privacy Shield https://www.privacyshield.gov/EU-US-Framework.