Thank you for your interest in our company. The protection of your personal data is important to us. We collect and use your personal data exclusively in accordance with and within the framework of the applicable data protection laws of the Federal Republic of Germany, in particular the German Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG) and all other applicable data protection regulations.
In the following, we inform you about the type, scope and purpose of the collection and use of personal data. You can access this information at any time on our website.
Personal data is any data by which a natural person (data subject) can be directly or indirectly identified, e.g. name, address, e-mail address, user behaviour.
I. General Information
1. Name and Contact Details of the Controller and Contact Details of the Data Protection Officer
Controller within the meaning of the data protection laws (Art. 4(7) GDPR) is:
Berner International GmbH
Tel.: +49 4121 43560
You can reach our data protection officer at:
Berner International GmbH
- The Data Protection Officer -
25337 Elmshorn Germany
Tel.: +49 4121 -43560
If you have any questions or suggestions regarding data protection, you are welcome to contact our data protection officer directly.
2. Overview and General Principles of Data Processing
2.1 Scope and Legal Basis of Processing
We process personal data only in accordance with the legal provisions. In particular, personal data will only be processed if you have consented or if the processing is otherwise legally permitted.
Insofar as we obtain the consent of the data subject for processing operations involving personal data, Article 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6(1) lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
Insofar as the processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject, Art. 6(1) sentence 1 lit. c GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6(1) sentence 1 lit. d GDPR serves as the legal basis.
If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6(1) sentence 1 lit. f GDPR serves as the legal basis for the processing.
We designate the respective legal basis for processing in connection with the information on the individual data processing operations in this data protection declaration or when you provide your personal data.
2.2 Transfer of Data
Within our company, your data will only be accessed by those departments that need it to protect our legitimate interests or to fulfil our contractual or legal obligations or to respond to your enquiries.
In some cases, we use external service providers to process your data, who process data on our behalf as processors (e.g. for central IT services or the hosting of our website). Service providers who act as processors for us may only use the data in accordance with our instructions. In this case, we are statutorily responsible for appropriate data protection precautions at the companies we commission. The companies have been carefully selected by us, commissioned in writing in accordance with the legal requirements, are bound by our instructions and are regularly monitored.
Your personal data will only be transferred to third parties if this is legally permissible, in particular if
- you have expressly given your consent to this in accordance with Art. 6(1) sentence 1 lit. a GDPR,
- the transfer is necessary for the processing of contractual relationships with you in accordance with Art. 6(1) sentence 1 lit. b GDPR,
- there is a legal obligation to pass on data in accordance with Art. 6(1) sentence 1 lit. c GDPR,
- the transfer is necessary to protect our legitimate interests in accordance with Art. 6(1) sentence 1 lit. f GDPR, unless your interests are overriding.
If we intend to transfer personal data to third parties, you will find more detailed information on this in the information on the individual data processing operations in this data protection declaration or when providing your personal data.
2.3 Duration of Storage and Erasure of Data
We process and store personal data only for the period of time necessary to fulfil the purpose of the processing. If the purpose of processing ceases to apply, the data will be erased unless there are legal retention obligations that prevent erasure. In the latter case, processing will be limited in order to comply with the retention obligations.
You will find more details in connection with the information on the individual data processing operations in this data protection declaration or when providing your personal data.
2.4 Data Security
We use SSL or TLS encryption within the website visit and to protect the transmission of content. You can recognise this by the closed display of the key or lock symbol in the lower status bar of your browser, which your browser displays when an SSL connection is established.
We also use appropriate technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorised access by third parties. Our security measures are continuously improved in line with technological developments.
2.5 Rights as a Data Subject
You have the following rights with regard to personal data concerning you:
- Right to withdrawal of a consent
- Right to access
- Right to rectification or erasure
- Right to restriction of processing
- Right to object to processing
- Right to data portability
- Right to lodge a complaint with a supervisory authority
You can find more information on these rights under IV. of this instruction.
II. Data Processing when Visiting the Website
1. Log Files
When you visit our website, the browser used on your end device automatically sends information to our website server. This information is temporarily stored in a so-called log file. The following information is collected without your intervention and stored until it is automatically deleted:
- Browser types and versions used,
- the operating system used by the accessing system
- the website from which an accessing system arrives at our website (so-called referrer URL),
- the sub-websites which are accessed via an accessing system on our website,
- the date and time of an access to the website,
- an internet protocol address (IP address) and
- the Internet service provider of the accessing system.
The aforementioned data is processed by us for the following purposes:
- display of the website,
- ensuring a smooth connection of the website,
- ensuring a comfortable use of our website, • evaluation of system security and stability as well as
- for other administrative purposes.
The legal basis for the data processing is Art. 6(1) lit. f GDPR. Our legitimate interest follows from the data collection purposes listed above. In no case do we use the collected data for the purpose of drawing conclusions about your person.
To ensure the security of our IT systems, the data is temporarily stored for a short period and then erased.
We would like to point out that in the event of data processing based on Art. 6(1) sentence 1 lit. f GDPR, you have the right to object to the processing in accordance with Art. 21 GDPR. You can find more information on this under clause IV. 10 of this data protection declaration.
We use the following cookie categories:
- Technically necessary cookies
These cookies are technically necessary for the operation and functionality of the website or to provide you with desired functions (e.g. shopping cart function). They make the website and our online shop technically accessible, secure and usable and provide essential and basic functionalities, such as navigation on the website, correct display of the website in the internet browser or consent management.
- Statistical cookies (analysis cookies) If you consent to this, we use analysis cookies as part of web analytics services that allow us to collect information about your interaction with our websites.
- Cookies for marketing purposes
You can find more detailed information on the individual cookies in our Central Consent Management Platform [link] and in the following clauses of this data protection declaration.
The legal basis for the use of technically necessary cookies is Article 6(1) sentence 1 lit. f GDPR, as we have a legitimate interest in storing cookies for the technically error-free and optimised provision of our services.
In addition, you can configure your browser according to your wishes so that, for example, no cookies are stored on your computer or a message always appears before a new cookie is created. You can also erase cookies at any time in the security settings of your browser.
However, the complete deactivation of cookies may mean that you cannot use all the functions of our website.
3. Google Analytics
Google will use this information on our behalf for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage.
We only use Google Analytics with IP anonymisation activated. This means that the user's IP address is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. The IP address transmitted by the user's browser is not merged with other Google data.
In the context of Google Analytics, we have concluded a contract with Google on data processing on our behalf in accordance with Art. 28 GDPR. We use Google Analytics to analyse and regularly improve our website. The statistics obtained enable us to improve our offer and make it more interesting for you. When configuring Google Analytics, care was taken to ensure that Google receives this data as a processor and is therefore not permitted to use this data for its own purposes.
We ourselves do not collect or process any personal data in the aforementioned advertising measures. We only receive statistical evaluations from Google. These evaluations enable us to recognise which of the advertising measures used are particularly effective. We do not receive any further data from the use of the advertising media, in particular we cannot identify the users on the basis of this information.
The legal basis for data processing is Art. 6(1) sentence 1 lit. a GDPR.
You can withdraw your consent at any time with effect for the future, e.g. by adjusting your cookie settings here. You can also prevent the storage of cookies by adjusting your browser software settings accordingly. You can also prevent the collection of data generated by the cookie and related to your use of the website by Google, as well as the processing of this data by Google, by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
We also use on this website, in addition to the standard features, the advanced advertising features of Google Ads, which include reports on impressions on the Google Display Network, Google Analytics reports on performance by demographic characteristics and interests and services for which data is collected in Google Analytics for advertising purposes, including the collection of data via cookies for ad preferences and anonymous identifiers. For this purpose, in addition to the data collected by the Google Analytics analysis tool, further data is collected via Google cookies for ad preferences and anonymous identifiers for access.
You can also prevent participation in this tracking process in various ways, namely:
- by adjusting your browser software settings accordingly by suppressing third-party cookies,
- via the Google ad settings on https://www.google.com/ads/preferences/?hl=de using the appropriate cookie setting, or
- by deactivating them on the website of the Network Advertising Initiative (NAI) at http://www.networkadvertising.org. Please note that in this case you may not be able to use all the functions of this website to their full extent.
4. Google Ads
In case of your consent, we use Google Ads, a service of Google, on our website. Google Ads enables us to draw attention to our offers with the help of advertising media on external websites. This enables us to determine how successful individual advertising measures are.
These advertisements are delivered by Google via so-called "Ad Servers". For this purpose, we use ad server cookies, which can be used to measure certain parameters for measuring success, such as the display of ads or clicks by users. If you access our website via a Google ad, Google Ads will store a cookie on your computer. These cookies usually expire after 30 days and are not intended to identify you personally. The following information is usually stored as analysis values for this cookie: unique cookie ID, number of ad impressions per placement (frequency), last impression (relevant for post-view conversions), opt-out information (marking that the user no longer wishes to be contacted). These cookies enable Google to recognise your internet browser. If a user visits certain pages of an Ads customer's website and the cookie stored on their computer has not yet expired, Google and the customer will be able to recognise that the user has clicked on the ad and been redirected to that page.
A different cookie is assigned to each Ads customer. Cookies can therefore not be tracked across Ads customers' websites. We ourselves do not collect or process any personal data in the aforementioned advertising measures. We only receive statistical evaluations from Google. These evaluations enable us to recognise which of the advertising measures used are particularly effective. We do not receive any further data from the use of the advertising tools; in particular, we cannot identify users on the basis of this information. Due to the marketing tools used, your browser automatically establishes a direct connection with the Google server. We have no influence on the scope and further use of the data collected by Google through the use of this tool. As far as we are aware, Google receives the information that you have accessed the relevant part of our website or clicked on one of our advertisements. If you have a user account with Google and are registered, Google can assign the visit to your user account. Even if you are not registered with Google or have not logged in, it is still possible for Google to obtain and store your IP address.
You can prevent the installation of cookies by erasing existing cookies and deactivating the storage of cookies in the settings of your web browser. We would like to point out that in this case you may not be able to use all the functions of our website to their full extent. It is also possible to prevent the storage of cookies by setting your web browser to block cookies from the domain "www.googleadservices.com" (https://www.google.de/settings/ads). Please note that this setting will be deleted when you delete your cookies. In addition, you can deactivate interest-based advertisements via the link http://optout.aboutads.info. Please note that this setting will also be deleted when you delete your cookies.
Within the Google Ads service, we use the remarketing function. The remarketing function enables us to present you with advertisements based on your interests on other websites within the Google advertising network (for example, in Google Search or on YouTube). For this purpose, the interaction of users on our website is analysed, e.g. which offers the user was interested in, in order to be able to display targeted advertising to users on other sites even after they have visited our website. For this purpose, Google stores cookies on the end devices of users who visit certain Google services or websites in the Google display network. These cookies are used to record the visits of these users. The cookies are used to uniquely identify a web browser on a particular end device and not to identify a person.
The legal basis is Art. 6(1) lit. a GDPR. You can withdraw your consent to the cookies at any time with effect for the future, e.g. by adjusting your cookie settings here.
You can also prevent participation in this tracking procedure in various ways, namely:
- by adjusting your browser software settings accordingly by suppressing third-party cookies,
- by installing the plug-in provided by Google at the following link: https://www.google.com/settings/ads/plugin;
- by deactivating the interest-based ads of the providers that are part of the self-regulation campaign "About Ads" via the link http://www.aboutads.info/choices, whereby this setting is deleted when you delete your cookies;
- by permanently deactivating them in your Firefox, Internetexplorer or Google Chrome browsers at the link http://www.google.com/settings/ads/plugin.
We would like to point out that in this case you may not be able to use all functions of this offer to their full extent.
5. Microsoft Advertising
In the event of your consent, we use Microsoft Advertising Converison Tracking (hereinafter referred to as "Microsoft Advertising") on our website, a service of Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA (hereinafter referred to as "Microsoft"). The data processing serves marketing and advertising purposes and the purpose of measuring the success of the advertising measures (conversion tracking).
Microsoft Advertising stores a cookie on your computer if you have accessed our website via a Microsoft Advertising advertisement. Each Microsoft Advertising customer receives a different cookie. Cookies therefore cannot be tracked across Microsoft Advertising clients' websites. Microsoft Advertising and we can thus recognise that someone has clicked on an ad, been redirected to our website and reached a previously determined target page (conversion page). We only learn the total number of users who clicked on a Microsoft Advertising ad and were then redirected to the conversion page. No personal information about the identity of the user is disclosed. For more information on data protection and the cookies used by Microsoft Adveritising, please visit Microsoft's website at https://privacy.microsoft.com/de-de/privacystatement.
The processing of your personal data is based on Art. 6(1) lit. a GDPR. You can withdraw your consent to cookies at any time with effect for the future, e.g. by adjusting your cookie settings here.
You can also prevent cookies from being set by generally deactivating the setting of cookies in your browser settings. You can also use the following link to select the data that Microsoft may use to personalise the advertising displayed and to prevent the collection of data generated by the cookie and related to your use of the website, as well as the processing of this data by Microsoft. https://account.microsoft.com/privacy/ad-settings/signedout?lang=de-DE
6. Facebook and Instagram (Facebook Pixel)
In case of your consent, we use the so-called Facebook Pixel and the Conversions API on our website, a service operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (hereinafter referred to as "Facebook").
With the help of the "Facebook Pixel", it is possible for Facebook to determine the visitors to our online offer as a target group for the display of advertisements (so-called "Facebook Ads" and "Instagram Ads"). Accordingly, we use the Facebook pixel to display the Facebook and Instagram ads placed by us only to those Facebook and Instagram users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited) that we transmit to Facebook (so-called "Custom Audiences"). With the help of the Facebook pixel, we also want to ensure that our Facebook and Instagram ads correspond to the potential interest of users and do not have a harassing effect. This also allows us to track the effectiveness of the Facebook and Instagram ads for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a Facebook ad (so-called "conversion").
Through the marketing tools used, your browser automatically establishes a direct connection with the Facebook server as soon as you have agreed to the use of the corresponding cookies. Through the integration of the Facebook pixel and the use of the Conversions API, Facebook receives the information that you have accessed our website or clicked on one of our ads. If you are registered with a Facebook service, Facebook can assign the visit to your account.
The processing of the data by Facebook takes place within the framework of Facebook's data use policy at www.facebook.com/policy.php. Specific information and details on the Facebook Pixel and how it works can be found in the Facebook help area:
The legal basis for the processing of personal data using the Facebook pixel is Art. 6(1) lit. a GDPR. You can revoke your consent to cookies at any time with effect for the future, e.g. by adjusting your cookie settings here. Users who are logged in to Facebook can also object to the collection by the Facebook pixel and the use of your data for the display of Facebook and Instagram ads at www.facebook.com/settings?tab=ads or set there which types of advertisements are displayed to you within Facebook and Instagram.
We are jointly responsible with Facebook for the collection and transmission of data as part of this process. However, the joint processing does not include the processing that takes place after the collection and transmission. This is the sole responsibility of Facebook. The creation of reports and analyses in aggregated and anonymised form takes place within the framework of commissioned processing and is therefore our responsibility. Insofar as data processing takes place under joint responsibility, we have concluded a corresponding agreement with Facebook, which can be accessed here: https://www.facebook.com/legal/controller_addendum.
This agreement defines the respective responsibilities for the fulfilment of the obligation according to the GDPR with regard to joint responsibility. The contact details of the controller and the Facebook data protection officer can be found here: https://www.facebook.com/about/privacy. We have agreed with Facebook that Facebook can be used as a contact point for exercising the rights of data subjects. This does not affect the competence of the data subjects' rights. Further information on how Facebook processes personal data, including its legal basis and further information on data subjects' rights can be found here: https://www.facebook.com/about/privacy.
7. Google Tag Manager
We use the Google Tag Manager from Google Inc. This service allows website tags to be managed via an interface. The Google Tag Manager itself does not set any cookies, but only tags and does not collect any personal data. The service triggers other tags, which in turn may collect data. However, the Google Tag Manager does not access this data. If a deactivation has been made at domain or cookie level, this remains in place for all tracking tags that are implemented with the Google Tag Manager.
8. Integration of YouTube Videos
We have integrated YouTube videos into our online offer, which are stored on http://www.YouTube.com and can be played directly from our website. The provider is YouTube, LLC 901 Cherry Ave, 94066 San Bruno, CA, USA, a company of Google Inc, Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter referred to as "Google").
We have only integrated videos from our own YouTube channel. The integration is done to make our website more appealing and informative.
By visiting our pages with embedded videos, a connection to the Google servers is established. This provides Google with the information that you have accessed the corresponding sub-page of our website. In addition, the data mentioned in clause II. 1 of this declaration, which is collected when you visit the website, is transmitted.
However, we use the "extended data protection mode" option provided by Google for the integration. According to Google, this means that no YouTube cookie is set until you click on the playback and no data about you as a user is stored if you do not play the videos. Only when you play the videos data is stored, according to YouTube.
The legal basis for the integration of YouTube videos is Art. 6(1) lit. f GDPR, whereby our interest lies in the smooth integration of the videos and the thus appealing design of our website. By clicking on the videos, you consent to further data processing. The legal basis in this case is Art. 6(1) lit. a GDPR. You can withdraw your consent to the cookies at any time with effect for the future, e.g. by adjusting your cookie settings here.
9. Google Maps
We use Google Maps on our website. Google Maps is a web service provided by Google to display interactive (land) maps in order to visually present geographical information. By using this service, our location is shown to you and a possible approach is made easier.
When you call up those sub-pages in which the Google Maps map is integrated, information about the use of our website (such as the IP address) is transmitted to Google servers in the USA and stored there. This takes place regardless of whether Google provides a user account via which you are logged in or whether a user account exists. If you are logged in to Google, your data will be directly assigned to your account. If you do not wish your data to be associated with your Google profile, you must log out before activating the button. Google stores your data (even for users who are not logged in) as usage profiles and evaluates them. You have the right to object to the creation of these usage profiles, whereby you must contact Google to exercise this right.
The legal basis for the processing of the users' personal data is Art. 6(1) lit. f GDPR. Our purpose is to integrate a dynamic map into our website. This purpose is also our legitimate interest in processing the data according to Art. 6(1) lit. f GDPR.
III. Data Processing when Using Further Offers and Functions within the Scope Of and Outside Our Website
1. Data Processing when Contacting Us
If you contact us by telephone or e-mail, the data you provide will be stored by us and used only to deal with your request and to contact you to respond to your request.
The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6(1) lit. f GDPR. Our legitimate interest results from the dealing with your request, which is not opposed by any overriding interests on your part, as you contact us voluntarily for this purpose.
We would like to point out that in the event of data processing based on Art. 6(1) sentence 1 lit. f GDPR, you have the right to object to the processing in accordance with Art. 21 GDPR. You can find more information on this under clause IV. 10 of this data protection declaration.
If the contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6(1) sentence 1 lit. b GDPR.
The data will be automatically erased by us when storage is no longer necessary, in particular when the handling of your enquiry has been completed. The further use of data stored by us for other purposes and which we are entitled to process on the basis of another legal basis (e.g. in relation to data required for contract execution) remains unaffected by this. If there are statutory retention obligations, we restrict processing to the extent necessary to comply with them. Irrespective of this, you are entitled to your rights as a data subject. For more details, please refer to our information on the rights of the data subject under clause IV. of the data protection declaration.
2. Data Processing when Using Our Contact Form
We offer you the opportunity to contact us via a form provided on the website, for example to make enquiries about a specific product.
If you wish to take advantage of the offer to use the contact form, we need your valid e-mail address so that we can contact you about your request. Further information can be provided voluntarily.
When you contact us via the contact form, the data you provide will be transmitted in encrypted form and stored and used by us to contact you to respond to your request.
The legal basis for processing the data when using our contact form is Art. 6(1) lit. b GDPR, as it concerns pre-contractual measures based on your request.
The data is automatically erased by us when storage is no longer necessary, in particular when the handling of your enquiry has been completed. The further use of data stored by us for other purposes and which we are legally entitled to process on the basis of another legal basis (e.g. in relation to data required for contract execution) remains unaffected by this. If there are statutory retention obligations, we restrict processing to the extent necessary to comply with them. Irrespective of this, you are entitled to your rights as a data subject. For more details, please refer to our information on the rights of the data subject under clause IV. of the data protection declaration.
3. Data Processing for Applications
If you send us applications by e-mail or in writing, we will only process your respective data for the purpose of handling the application process. Your data will not be passed on to third parties.
The legal basis for the processing is Art. 88 GDPR in conjunction with section 26 BDSG, as your data is required for the decision on the establishment of an employment relationship.
If the application procedure ends with the conclusion of an employment contract, the transmitted data will be stored for the purpose of executing the employment relationship in compliance with the statutory provisions. Otherwise, the application documents are automatically erased six months after notification of the rejection decision, unless we are entitled to store them beyond this on the basis of another legal basis, e.g. on the basis of your express consent.
4. Data Processing for the Purpose of Sending Newsletters
If you have subscribed to our newsletter, we will use the data you enter in the input mask exclusively for the purpose of sending you our newsletter on current information about products, services and marketing campaigns, trade fairs and other news. To receive the newsletter, it is sufficient to provide an e-mail address; you can provide your name voluntarily. If you provide us with your name, we will only use it to address you personally. Your data will not be passed on to third parties.
We use the so-called double-opt-in procedure to register for our newsletter. This means that after your registration, we will send you an e-mail to the e-mail address you provided, in which we ask you to confirm that you wish to receive the newsletter. If you do not confirm your registration within 7 days, your information will be automatically erased.
The data processing is based on your consent according to Art. 6(1) lit. a GDPR.
You can withdraw your consent to receive the newsletter and unsubscribe at any time. For more details, please refer to our information on the rights of the data subject under clause IV. 1 and on exercising this right under clause IV. 8 of this data protection declaration. You can declare the withdrawal by clicking on the link provided in every newsletter e-mail, by e-mail to firstname.lastname@example.org or by sending a message to the contact details provided in the imprint.
When registering for the newsletter, the following data is also collected:
- the IP address of the computer system used at the time of registration as well as
- the date and time of registration and confirmation.
The collection of this data is necessary in order to be able to prove your registration and to be able to check any misuse of your e-mail address at a later date. The collection of this data therefore serves our legal protection. The legal basis is Art. 6(1) lit. f GDPR. We would like to point out that in the event of data processing based on Art. 6(1) sentence 1 lit. f GDPR, you have the right to object to the processing in accordance with Art. 21 GDPR. You can find more information on this under clause IV. 10 of this data protection declaration. As the storage is necessary for our legal protection, you must unsubscribe from the newsletter for this.
Your data will be stored as long as you subscribe to the newsletter. After unsubscribing, the data will be erased. The further use of data stored by us for other purposes and which we are legally entitled to process on the basis of another legal basis (e.g. in relation to data required for contract execution) remains unaffected by this.
5. Data Processing for the Purpose of Handling Orders and Executing Other Contracts
We also process data for the purpose of handling orders and other contracts. Please note that we do not accept orders from consumers. Our online shop at [https://www.berner-safety.de/] is only aimed at entrepreneurs.
For the conclusion and handling of orders and other contracts, it may be necessary to provide personal data (e.g. first name, last name, billing address and e-mail address). In our webshop, the compulsory details required for an order are marked separately, further details (e.g. if applicable, a different delivery address or a telephone number) are voluntary. If a contractual relationship exists or is established between you and us, we store and process the data for the purpose of fulfilling the contract, in particular for order handling, communication, invoicing as well as customer support, handling of warranty claims, asserting claims for contract fulfilment, etc.
If you have merely shown interest in our products and services, we store and process your data for the pre-contractual measures with you, in particular for the purpose of responding to your enquiry, sending information material if necessary and making offers. If we have received data from employees or third parties within the framework of the contractual relationship, we will use this data exclusively for the purpose of executing or initiating the contract.
The legal basis for the processing is Art. 6(1) lit. b GDPR, as the data processing is necessary for the fulfilment of the contract with you or for pre-contractual measures based on your enquiry.
Insofar as this is necessary for the performance of the contract concluded with you, we are entitled to pass on your data. For example, we pass on your personal data to the shipping company commissioned by us with the delivery in order to handle the order.
The purpose of transferring the data is to execute the contract. The legal basis for the transfer of your data is Art. 6(1) lit. b GDPR.
Insofar as the payment is processed via a payment service provider, we transmit any data required for this purpose to the payment service provider. The payment service provider is responsible for your payment data. In this respect, the data protection guidelines of the respective payment service provider apply exclusively.
6. Data Processing when Registering for the Online Shop
If you would like to register as a business customer for our online shop, we require certain personal data (e.g. name of the main contact person, billing address and e-mail address) for the creation of a customer account.
The legal basis for the processing is Art. 6(1) lit. a GDPR based on your voluntarily given consent. You can withdraw this consent at any time. For more details, please refer to our information on the rights of the data subject under clause IV. of the data protection declaration.
Your customer account will be deleted if you withdraw your consent or otherwise request us to delete it. This does not affect the further use of data that we have stored for other purposes and that we are legally entitled to process on the basis of another legal basis (e.g. in relation to data required for the execution of the contract).
7. Marketing Measures
Furthermore, it is possible that we use the data you provide us with for further marketing measures for our products within the framework of the statutory provisions. If you have given us your consent to contact you for advertising purposes, in particular by telephone, fax or e-mail, the legal basis for the processing is Art. 6(1) sentence 1 lit. a GDPR. You can withdraw this consent at any time with effect for the future. You can find more information on this under clause IV.1 of this data protection information.
Otherwise, the legal basis for processing for marketing measures for our products is Art. 6(1) sentence 1 lit. f GDPR, as we have a legitimate interest in direct advertising (recital 47 to the GDPR). We would like to point out that in the event of data processing based on Art. 6(1) sentence 1 lit. f GDPR, you have the right to object to the processing in accordance with Art. 21 GDPR. You can find more information on this under clause IV.10 of this data protection declaration.
8. Further Processing Purposes
In addition, we may process data that you provide to us on the basis of Art. 6(1) sentence 1 lit. f GDPR for the purpose of
- ensuring IT security and IT operations in our company (e.g. for system tests),
- ensuring general security and data security in our company (e.g. for access controls) and exercising house rights,
- obtaining information and exchanging data with credit agencies in order to determine economic risks such as payment defaults,
- asserting legal claims and defending legal disputes,
- the prevention and investigation of criminal offences,
- the further development and organisation of our business activities, including risk management,
- the conduct of contractual negotiations in corporate transactions (e.g. disclosure of data as part of due diligence),
IV. Data Subject’s Rights
Below we would like to inform you once again in detail about the rights you have when we process personal data relating to you:
1. Right to Withdrawal of a Consent
If you have given your consent to processing your data, you shall have the right to withdraw your consent given previously towards us at any time pursuant to Art. 7(3) GDPR. The consequence is that we must not continue the data processing, that was based on this consent, in the future. The lawfulness of processing based on consent before its withdrawal remains unaffected, i.e. the past processing based on the consent remains lawful.
2. Right to Confirmation and Access
You shall have the right pursuant to Art. 15 GDPR to obtain from us a confirmation as to whether or not personal data concerning you are being processed. Furthermore, you shall have the right to access to your personal data processed by us free of charge. In particular, you can demand access to
- the purposes of the processing,
- the category of the personal data,
- the categories of recipients to whom your data were or will be disclosed,
- the envisaged duration of storage,
- the existence of the right to request rectification, erasure, restriction of processing or to object,
- the right to lodge a complaint,
- any available information as to the source of your data if those were not collected from us,
- as well as to the existence of automated decision-making, including profiling and, where applicable, meaningful information on the details.
3. Right to Rectification
You shall have the right pursuant to Art. 16 GDPR to obtain without undue delay the rectification of inaccurate or the completion of your personal data stored by us.
4. Right to Erasure
You shall have the right pursuant to Art. 17 GDPR to obtain the erasure of your personal data stored by us if 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.
- You withdraw your consent on which the processing was based and where there is no other legal basis for the processing.
- You object to the processing which is based on points (b) or (f) of Art. 6(1) GDPR and there are no overriding legitimate grounds for the processing or you object to the data processing for the purpose of direct marketing.
- The personal data have been unlawfully processed.
- The personal data have been erased for compliance with a legal obligation in Union or Member State to which we are subject.
- The personal data have been collected in relation to the offer of information society services referred to in Art. 8(1).
This 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, for reasons of public interest or for the establishment, exercise or defence of legal claims.
5. Right to Restriction of Processing
You shall have the right pursuant to Art. 18 GDPR to obtain restriction of processing of your personal data where
- you contest the accuracy of the data for a period enabling us to verify the accuracy of your data,
- the processing is unlawful, but you oppose their erasure and request the restriction instead,
- we no longer need the data but you require them for the establishment, exercise or defence of legal claims or
- you have objected to processing pursuant to Art. 21 GDPR pending the verification whether our legitimate grounds override yours.
In this case your data shall, with the exception of storage, only be processed with your consent or for specified statutory purposes, including but not limited to prosecution and for the protection of the rights of other persons. We will inform you before the restriction of processing is lifted.
6. Right to Data Portability
You shall have the right pursuant to Art. 20 GDPR to receive your data which you have provided to us, in a structured, commonly used and machine-readable format or to obtain the transmission to another controller.
7. Right to Object to Processing
Under certain conditions you shall also have the right pursuant to Art. 21 GDPR to object to processing of your personal data. Please read for this purpose our separate instruction at clause 10: Separate information on your right to object pursuant to Art. 21 GDPR.
8. Information Regarding the Exercise of the Rights Pursuant to Clauses 1 – 7
If you want to exercise your aforementioned rights, you can contact us at all times. Therefor, for example, an e-mail to the data protection officer at email@example.com shall suffice or to the contact addresses mentioned in imprint.
9. Right to Lodge a Complaint with a Supervisory Authority
Moreover, you shall have the right pursuant to Art. 77 GDPR to lodge a complaint with a supervisory authority. For example, you can therefor contact the supervisory authority in your habitual residence or place of work or where we are established. You will find a list of the supervisory authorities here:
10. Separate Information on Your Right to Object Pursuant to Art. 21 GDPR
In the following we would like to inform you particularly about your right to object pursuant to Art. 21 GDPR:
Right to Object
a) Right to Object on a Case-By-Case Basis Pursuant to Art. 21 GDPR
Condition for this right to object is that the data processing is carried out based on Art. 6(1) lit. e or f GDPR.
Point (e) of Art. 6(1) GDPR regulates the case that 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. In the first place this comes into question for organs of state authority such as the Federal and Laender Governments and their authorities or private individuals authorized to perform public functions.
Point (f) of Art. 6(1) GDPR permits processing if 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.
If the data processing rests on one of these bases, you shall have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you, including profiling based on those provisions.
Consequence of the objection: After an objection the data are no longer processed unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing serves the establishment, exercise or defence of legal claims.
b) Right to Object to Processing of Data for Direct Marketing Purposes
Condition for this right to object is that your data are processed for direct marketing purposes.
In this case you shall have the right to object at any time to data processing for such marketing. This includes profiling, if it is related to such direct marketing.
Consequence of the objection is that the data shall no longer be processed for such purposes.
c) Exercising the Right to Object
If you want to exercise your right to object pursuant to (a) or (b), you can contact us at all times. Therefor, for example, an e-mail to the data protection officer at datenschutz(at)berner-safety.de shall suffice or to the contact addresses mentioned in the imprint.