Data protection declaration and duty to inform according to Art. 13 GDPR
1. Obligations to inform pursuant to GDPR
1.1 Company name pursuant to section 17 (1) German Commercial Code including contact details of the data controller (Managing Director)
BGS Beta-Gamma-Service GmbH & Co. KG
Sitz Wiehl – Registergericht Köln HRA 16938
USt.-IdNr.: DE 122 533 721
PhG BGS Beteiligungs GmbH
Registered office Wiehl – Cologne Registration Court, commercial register number HRB 38648
Managing Director: Dr. Andreas Ostrowicki
1.2 Contact details of the data protection officer pursuant to Art 13 (1) lit. b) GDPR
Helbig Datenschutz GmbH
91207 Lauf an der Pegnitz
+49 9123 70275-15
1.3 Purpose and legal basis of data processing pursuant to Art 13 (1) lit. c) GDPRPersonal data are processed for the purpose of fulfilling contracts or for taking measures preliminary to a contract. This includes customer master data with contact persons as well as contact history, offers, orders, invoices, project data, and other legal obligations of the data controller.The respective legal bases ensue from Art. 6 GDPR. Additional essential legal bases derive from the German Commercial Code, tax legislation, the German Limited Liability Company Law and other legal requirements relevant for Beta-Gamma-Service GmbH & Co. KG. This also includes contractual regulations. The processing of newsletters is based on the consent of the data subject.
1.4 Processing to safeguard the legitimate interests of the data controller or any third party pursuant to Art 13 (1) lit. d) GDPR.
In order to safeguard our legitimate interests or those of third parties, and to the extent necessary, we will process your data beyond the actual fulfilment of the contract. This includes:
• Sales management and distribution controlling
• Assertion of legal claims and defence in case of legal disputes
• Ensuring IT security and IT operations
• Measures with regard to buildings and systems security (e. g. access controls) and to maintain domestic authority
• Measures regarding business control
1.5 Categories of recipients of personal data (data transmission) pursuant to Art 13 (1) lit. e) GDPRWithin Germany, the European Union as well as the European Economic Area:Tax authorities, auditors, court bailiffs and other creditors as well as other government bodies responsible for supervising the compliance with legal obligations and for the issuance of requested certifications, logistics companies, customers as well as suppliers, other competent agencies and business partners.
1.6 Third countries including adequacy decision pursuant to Art 13 (1) lit. f) GDPRWithin the scope of international business relationships, transmission is carried out pursuant to Art. 6 (1) lit. b) with regard to the fulfilment of contracts and taking measures preliminary to a contract. In this respect, an adequacy decision is not required.
1.7 Data storage period pursuant to Art. 13 (2) lit. a)
The individual purposes ensue from legal requirements and relevant industry-specific provisions. Personal data will be deleted upon achievement of the intended purpose.
1.8 Rights of data subjects pursuant to Art 13 (2) lit. b)
By using the above mentioned contact details, you may make use of your rights at all times. If your personal data are processed, you are deemed a data subject within the meaning of GDPR and entitled to the following rights vis-à-vis the data controller.
1.8.1 Notes on the rights of data subjects:
The data subject has the right to request confirmation from the data controller as to whether or not his or her personal data are being processed by it; and if so, the data subject has the right to receive information on such personal data and any information as set forth in detail pursuant to Art. 15 GDPR.The data subject has the right to request the data controller to rectify inaccurate personal data relating to his or her person without undue delay and, as the case may be, to complete incomplete data (Art. 16 GDPR).
The data subject has the right to request the data controller to delete personal data relating to his or her person without undue delay, if any of the individual grounds set forth in Art. 17 GDPR apply, e.g. if data regarding the purposes pursued are no longer necessary (right to erasure).
The data subject has the right to request the data controller to restrict the processing of personal data, if any of the requirements set forth in Art. 18 GDPR apply, e.g. if the data subject has objected to the processing of data for the period during which verification of data is carried out by the data controller.
The data subject has the right to object at all times to the processing of personal data relating to him or her on grounds resulting from his or her particular situation.
The data controller will then no longer process such personal data, unless the data controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or if the processing serves the purpose of asserting, exercising or defending legal claims (Art. 21 GDPR).
1.9 Rights of the data subject pursuant to Art 13 (2) lit. c) GDPR
To the extent that you have given us your consent to process personal data for specific purposes (e.g. processing of images of data subjects), the lawfulness of such processing is deemed to exist based on your consent.Any given consent may be revoked at any time. This shall also apply to the revocation of declarations of consent given to us prior to the validity of the GDPR, i.e. before May 25, 2018.Please note that the revocation is only effective for the future. Any data processing carried out prior to the revocation is not affected thereby.
1.10 Right to lodge a complaint with a supervisory authority pursuant to Art 13 (2) lit. d) GDPRWithout prejudice to any other administrative or judicial remedy, every data subject has the right to lodge a complaint with a supervisory authority, if the data subject believes that the personal data relating to him or her infringe this GDPR (Art. 77 GDPR). The data subject may assert this right with a supervisory authority in the Member State of his or her habitual residence, place of work or the place of the alleged infringement.
Competent supervisory authority in North Rhine-Westphalia:Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein- Westfalen (Federal State Official for the Protection of Data and Freedom of Information, North Rhine-Westphalia)
Kavalleriestr. 2-4 • 40213 • Düsseldorf
Phone.: 0211/38424-0 • FAX: 0211/38424-10 • E-mail: firstname.lastname@example.org
2. An overview of data protection
2.2 Data collection on our website
Who is responsible for the data collection on this website? The data collected on this website are processed by the website operator. The operator’s contact details can be found in the website’s required legal notice.
How do we collect your data? Some data are collected when you provide it to us. This could, for example, be data you enter on a contact form. Other data are collected automatically by our IT systems when you visit the website. These data are primarily technical data such as the browser and operating system you are using or when you accessed the page. These data are collected automatically as soon as you enter our website. What do we use your data for? Part of the data is collected to ensure the proper functioning of the website. Other data can be used to analyze how visitors use the site. What rights do you have regarding your data? You always have the right to request information about your stored data, its origin, its recipients, and the purpose of its collection at no charge. You also have the right to request that it be corrected, blocked, or deleted. You can contact us at any time using the address given in the legal notice if you have further questions about the issue of privacy and data protection. You may also, of course, file a complaint with the competent regulatory authorities.
2.3 Analytics and third-party tools
3. General information and mandatory information
3.1 Data protection
3.2 SSL or TLS encryption
This site uses SSL or TLS encryption for security reasons and for the protection of the transmission of confidential content, such as the inquiries you send to us as the site operator. You can recognize an encrypted connection in your browser’s address line when it changes from “http://” to “https://” and the lock icon is displayed in your browser’s address bar.If SSL or TLS encryption is activated, the data you transfer to us cannot be read by third parties.
3.3 Information, blocking, deletion
Sie haben im Rahmen der geltenden gesetzlichen Bestimmungen jederzeit das Recht auf unentgeltliche Auskunft über Ihre gespeicherten personenbezogenen Daten, deren Herkunft und Empfänger und den Zweck der Datenverarbeitung und ggf. ein Recht auf Berichtigung, Sperrung oder Löschung dieser Daten. Hierzu sowie zu weiteren Fragen zum Thema personenbezogene Daten können Sie sich jederzeit unter der im Impressum angegebenen Adresse an uns wenden.
3.4 Widerspruch gegen Werbe-Mails
As permitted by law, you have the right to be provided at any time with information free of charge about any of your personal data that is stored as well as its origin, the recipient and the purpose for which it has been processed. You also have the right to have this data corrected, blocked or deleted. You can contact us at any time using the address given in our legal notice if you have further questions on the topic of personal data.Opposition to promotional emailsWe hereby expressly prohibit the use of contact data published in the context of website legal notice requirements with regard to sending promotional and informational materials not expressly requested. The website operator reserves the right to take specific legal action if unsolicited advertising material, such as email spam, is received.
4. Data collection on our website
4.2 Server log files
The website provider automatically collects and stores information that your browser automatically transmits to us in “server log files”. These are:
• Browser type and browser version
• Operating system used
• Referrer URL
• Host name of the accessing computer
• Time of the server request
• IP address
These data will not be combined with data from other sources.The basis for data processing is Art. 6 (1) lit. f) GDPR, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.
4.3 Contact form
Should you send us questions via the contact form, we will collect the data entered on the form, including the contact details you provide, to answer your question and any follow-up questions. We do not share this information without your permission.We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1) lit. a) GDPR. You may revoke your consent at any time. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Any mandatory statutory provisions, especially those regarding mandatory data retention periods, remain unaffected by this provision.
5. Analytics and advertising
5.1 Google Analytics
This website uses Google Analytics, a web analytics service. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.Google Analytics uses so-called “cookies”. These are text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.Google Analytics cookies are stored based on Art. 6 (1) lit. f) GDPR. The website operator has a legitimate interest in analyzing user behavior to optimize both its website and its advertising.
5.2 IP anonymization
We have activated the IP anonymization feature on this website. Your IP address will be shortened by Google within the European Union or other contracting states to the Agreement on the European Economic Area prior to transmission to the United States. Only in exceptional cases is the full IP address sent to a Google server in the US and shortened there. Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity, and to provide other services regarding website activity and Internet usage for the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with any other data held by Google.
5.3 Browser plugin
You can prevent these cookies being stored by selecting the appropriate settings in your browser. However, we wish to point out that doing so may mean you will not be able to enjoy the full functionality of this website. You can also prevent the data generated by cookies about your use of the website (incl. your IP address) from being passed to Google, and the processing of these data by Google, by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.
Outsourced data processing
We have entered into an agreement with Google for the outsourcing of our data processing and fully implement the strict requirements of the German data protection authorities when using Google Analytics.
5.4 Demographic data collection by Google Analytics
Commissioned data processing
We have concluded a commissioned data processing agreement with Google and fully implement the strict requirements of the German data protection authorities when using Google Analytics.
5.5 WordPress Stats
5.6 Google AdWords and Google Conversion Tracking
This website uses Google AdWords. AdWords is an online advertising program from Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, United States (“Google”). As part of Google AdWords, we use so-called conversion tracking. When you click on an ad served by Google, a conversion tracking cookie is set. Cookies are small text files that your internet browser stores on your computer. These cookies expire after 30 days and are not used for personal identification of the user. Should the user visit certain pages of the website and the cookie has not yet expired, Google and the website can tell that the user clicked on the ad and proceeded to that page.
If you would like to receive our newsletter, we require a valid email address as well as information that allows us to verify that you are the owner of the specified email address and that you agree to receive this newsletter. No additional data is collected or is only collected on a voluntary basis. We only use this data to send the requested information and do not pass it on to third parties.We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1) lit. a) GDPR. You can revoke consent to the storage of your data and email address as well as their use for sending the newsletter at any time, e.g. through the “unsubscribe” link in the newsletter. The data processed before we receive your request may still be legally processed.The data provided when registering for the newsletter will be used to distribute the newsletter until you cancel your subscription when said data will be deleted. Data we have stored for other purposes (e.g. email addresses for the members area) remain unaffected.
7. Plugins and tools
Our website uses plugins from YouTube, which is operated by Google. The operator of the pages is YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.If you visit one of our pages featuring a YouTube plugin, a connection to the YouTube servers is established. Here the YouTube server is informed about which of our pages you have visited.If you’re logged in to your YouTube account, YouTube allows you to associate your browsing behavior directly with your personal profile. You can prevent this by logging out of your YouTube account.YouTube is used to help make our website appealing. This constitutes a justified interest within the meaning of Art. 6 (1) lit. f) GDPR.Further information about handling user data, can be found in the data protection declaration of YouTube under https://www.google.de/intl/de/policies/privacy.
7.2 Google Web Fonts
7.3 Google Maps
This site uses the Google Maps map service via an API. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.To use Google Maps, it is necessary to save your IP address. This information is generally transmitted to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer.The use of Google Maps is in the interest of making our website appealing and to facilitate the location of places specified by us on the website. This constitutes a justified interest pursuant to Art. 6 (1) f) GDPRFurther information about handling user data, can be found in the data protection declaration of Google at https://www.google.de/intl/de/policies/privacy/.