Data protection

I. Name and address of the person responsible

The person responsible within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:

bildbau gmbh
Hohenzollerndamm 12
10717 Berlin

II. Name and address of the data protection officer

The data protection officer of the person responsible is:
Lawyer Björn Gottschalkson
c/o Rechtsanwälte Gottschalkson Wetzel
Puschkinallee 3
14469 Potsdam
Email: datenschutz@bildbau.de

III.  General information on data processing

Scope of processing of personal data In principle, we only process the personal data of our users to the extent that this is necessary to provide a functional website and our content and services. The processing of personal data of our users takes place regularly only with the consent of the user. An exception applies in such cases in which it is not possible to obtain prior consent for actual reasons and the processing of the data is permitted by statutory provisions.

Legal basis for processing personal data Insofar as we obtain the consent of the data subject for the processing of personal data, Article 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis. Article 6 (1) (b) GDPR serves as the legal basis for the processing of personal data required to fulfill a contract to which the data subject is a party. This also applies to processing operations that are necessary to carry out pre-contractual measures. Insofar as processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Article 6 (1) (c) GDPR serves as the legal basis. In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6 Paragraph 1 lit. d GDPR serves as the legal basis. If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and fundamental freedoms of the person concerned do not outweigh the first interest, Article 6 Paragraph 1 Letter f GDPR serves as the legal basis for the processing. Insofar as the processing of the data is necessary for the conclusion of the contract, Art. 6 Paragraph 1 lit. b GDPR serves as the permit standard for data processing.

Data Erasure and Storage Duration The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage no longer applies. Storage can also take place if this has been provided for by the European or national legislator in EU regulations, laws or other regulations to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.

IV. Provision of the website and creation of log files

Description and scope of data processing Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer. The following data is collected here:

1. IP Adress
2. Date and time of the request
3. Time zone difference to Greenwich Mean Time (GMT)
4. Content of the request (specific page)
5. Access Status/HTTP Status Code
6. amount of data transferred
7. Website from which the request comes
8. Browsers
9. Operating system and its interface
10. Browser software language and version.

Legal basis for data processing The legal basis for the temporary storage of the data and the log files is Article 6 (1) (f) GDPR.

Purpose of data processing  Storage in log files takes place to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context. Our legitimate interest in data processing in accordance with Article 6 (1) (f) GDPR also lies in these purposes. 

Duration of storage The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected.

Possibility of objection and elimination The collection of the data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

V. Use of cookies

Description and scope of data processing Our website uses cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user’s computer system. If a user calls up a website, a cookie can be stored on the user’s operating system. This cookie contains a characteristic character string that enables the browser to be clearly identified when the website is called up again. We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change. The user data collected in this way is pseudonymized by technical precautions. It is therefore no longer possible to assign the data to the calling user. The data is not stored together with other personal data of the user. When accessing our website, users are informed by an information banner about the use of cookies and are referred to this data protection declaration. In this context, there is also a reference to how the storage of cookies can be prevented in the browser settings.

Legal basis for data processing The legal basis for the processing of personal data using technically necessary cookies is Article 6 (1) (f) GDPR.

Purpose of data processing The purpose of using technically necessary cookies is to simplify the use of websites for users. The user data collected by technically necessary cookies are not used to create user profiles. Our legitimate interest in the processing of personal data in accordance with Article 6 (1) (f) GDPR also lies in these purposes.

Duration of storage, possibility of objection and removal Cookies are stored on the user’s computer and transmitted to our site. Therefore, as a user, you also have full control over the use of cookies. By changing the settings in your Internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all the functions of the website to their full extent.

VI. Support access

Description and scope of data processing On our website we offer users the opportunity to register by providing personal data. The access data is entered in an input mask and transmitted to us. Access is created for the user within the framework of contractual agreements. The consent lies in the contractual agreement on the support services to be provided.

Legal basis for data processing The legal basis for processing the data is Article 6(1)(a) GDPR if the user has given their consent. If the registration serves to fulfill a contract to which the user is a party or to carry out pre-contractual measures, the additional legal basis for the processing of the data is Article 6 (1) (b) GDPR.

Purpose of data processing Registration of the user is required to fulfill a contract with the user or to carry out pre-contractual measures.

Duration of storage The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. This is the case during the registration process to fulfill a contract or to carry out pre-contractual measures if the data is no longer required for the execution of the contract. Even after the conclusion of the contract, it may be necessary to store personal data of the contractual partner in order to comply with contractual or legal obligations.

Possibility of objection and elimination As a user, you have the option to cancel the registration at any time. You can have the data stored about you changed at any time. If the data is required to fulfill a contract or to carry out pre-contractual measures, the data can only be deleted prematurely if there are no contractual or legal obligations to the contrary.

VII. E-mail contact

Description and scope of data processing Contact can be made via the email address provided. In this case, the user’s personal data transmitted with the e-mail will be stored. In this context, the data will not be passed on to third parties. The data will only be used to process the conversation.

Legal basis for data processing The legal basis for processing the data is Article 6(1)(a) GDPR if the user has given their consent. The legal basis for the processing of data transmitted in the course of sending an email is Article 6 Paragraph 1 Letter f GDPR. If the e-mail contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 (1) (b) GDPR.

Purpose of data processing If contact is made by e-mail, this is also the necessary legitimate interest in the processing of the data.

Duration of storage The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. The duration of the storage of personal data is also measured based on the respective statutory retention period (e.g. commercial and tax retention periods). After the period has expired, the corresponding data will be routinely deleted if they are no longer required to fulfill or initiate a contract and/or there is no legitimate interest in further storage.

Possibility of objection and elimination The user has the option to revoke his consent to the processing of personal data at any time. The revocation can be made by e-mail to the person responsible or by post. If the user contacts us by email, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.
All personal data that was saved in the course of making contact will be deleted in this case.

VIII. Web analysis Google Analytics

Scope of processing of personal data On our website we use Google Analytics, a web analysis service provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA („Google“) to analyze the surfing behavior of our users. The software sets a cookie on the user’s computer (see above for cookies). The information generated by the cookie about your use of this website (including the shortened IP address) is usually transmitted to a Google server in the USA and stored there. This website uses Google Analytics exclusively with the „_anonymizeIp()“ extension, which ensures that the IP address is anonymized by shortening it and excludes direct personal reference.

Legal basis for processing personal data The legal basis for the processing of users‘ personal data is Article 6 (1) (f) GDPR.

Purpose of data processing The processing of users‘ personal data enables us to analyze the surfing behavior of our users. By evaluating the data obtained, we are able to compile information about the use of the individual components of our website. This helps us to constantly improve our website and its user-friendliness. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. Our legitimate interest in the processing of the data according to Art. 6 (1) (f) GDPR also lies in these purposes. By making the IP address anonymous, the interest of the user in the protection of their personal data is sufficiently taken into account.

Duration of storage The data will be deleted as soon as they are no longer required for our recording purposes.

Possibility of objection and elimination Cookies are stored on the user’s computer and transmitted to our site. Therefore, as a user, you also have full control over the use of cookies. By changing the settings in your Internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all the functions of the website to their full extent. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google https://tools.google.com/dlpage/gaoptout?hl=de.

Google LLC based in the USA is certified for the US-European data protection agreement „Privacy Shield“, which ensures compliance with the data protection level applicable in the EU. You can find more information on how Google Analytics handles user data in the Google data protection declaration:
https://support.google.com/analytics/answer/6004245?hl=de

IX. Rights of the data subject

If personal data is processed by you, you are the data subject within the meaning of the GDPR and you have the following rights vis-à-vis the person responsible.

Right of providing information  You can request confirmation from the person responsible as to whether personal data relating to you is being processed by us. If such processing is present, you can request information from the person responsible for the following information:

1.  the purpose of which the personal data are processed
2. the categories of personal data being processed
3. the recipients or categories of recipients to whom your personal data has been or will be disclosed
4. the planned duration of  the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage duration 
5. the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing the person responsible or a right to object to this processing 
6. the existence of a right of appeal to a supervisory authority
7. all available information about the origin of the data if personal data or not collected from the data subject
8. the existence of automated decision-making including profiling in accordance with Art. 22 Para. 1 and 4 GDPR and – at least in these cases – meaningful information about the logic involved as well as the scope and intended effects of such processing for the data subject
   

You have the right to request information as to whether your personal data is being transmitted to a third country or to an international organization. In this context, you can request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transmission.

Right to Rectification You have a right to correction and/or completion to the person responsible if the processed personal data concerning you is incorrect or incomplete. The person responsible must make the correction immediately.

Right to restriction of processing Under the following conditions, you can request the restriction of the processing of your personal data:

1. if you contest the accuracy of the personal data concerning you for a period that enables the person responsible to check the accuracy of the personal data;
2. the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
3. the person responsible no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or
4. if you have lodged an objection to the processing pursuant to Art. 21 Para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the person responsible outweigh your reasons.

If the processing of personal data concerning you has been restricted, this data – apart from its storage – may only be used with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State are processed.
If the restriction of processing has been restricted according to the above conditions, you will be informed by the person responsible before the restriction is lifted.

Right to Erasure

Obligation to delete You can request the person responsible to delete the personal data concerning you immediately, and the person responsible is obliged to delete this data immediately if one of the following reasons applies:

1. The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
2. You revoke your consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) GDPR and there is no other legal basis for the processing.
3. You object to the processing in accordance with Article 21 (1) GDPR and there are no overriding legitimate reasons for the processing, or you object to the processing in accordance with Article 21 (2) GDPR.
4. The personal data concerning you have been processed unlawfully.
5. The deletion of the personal data concerning you is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the person responsible is subject.
6. The personal data concerning you was collected in relation to information society services offered in accordance with Article 8 (1) GDPR.

Information to third parties If the person responsible has made the personal data relating to you public and is obliged to delete it in accordance with Art. 17 (1) GDPR, he shall take appropriate measures, including technical measures, to protect the person responsible for data processing, taking into account the available technology and the implementation costs , who process the personal data, that you, as the data subject, have requested them to delete all links to this personal data or copies or replications of this personal data.

Exceptions

The right to erasure does not exist if processing is necessary

1. to exercise the right to freedom of expression and information;
2. to fulfill a legal obligation that requires processing under Union or Member State law to which the controller is subject, or to perform a task that is in the public interest or in the exercise of official authority that has been delegated to the controller;
3. for reasons of public interest in the field of public health in accordance with Article 9 (2) lit. h and i and Article 9 (3) GDPR;
4. for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) GDPR, insofar as the law mentioned under section a) is likely to make it impossible or seriously impair the achievement of the objectives of this processing, or
5. to assert, exercise or defend legal claims.

Right to information

If you have asserted the right to correction, deletion or restriction of processing against the person responsible, he is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction of processing, unless this proves to be impossible or involves a disproportionate effort. You have the right to be informed about these recipients by the person responsible.

Right to data portability

You have the right to receive the personal data concerning you that you have provided to the person responsible in a structured, common and machine-readable format. In addition, you have the right to transmit this data to another person responsible without hindrance by the person responsible for providing the personal data, provided that

1. the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR and
2. the processing is carried out using automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one person responsible to another person responsible, insofar as this is technically feasible. The freedoms and rights of other people must not be impaired by this.
The right to data portability does not apply to processing of personal data that is required to perform a task that is in the public interest or in the exercise of official authority that has been assigned to the controller.

Right to object

You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data, which is based on Article 6 Paragraph 1 lit. e or f GDPR; this also applies to profiling based on these provisions. The person responsible no longer processes the personal data relating to you unless he can demonstrate compelling legitimate grounds for the processing which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims. If the personal data concerning you is processed in order to operate direct advertising, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct advertising. If you object to the processing for direct marketing purposes, the personal data relating to you will no longer be processed for these purposes. In connection with the use of information society services, you have the option – notwithstanding Directive 2002/58/EC – to exercise your right to object by means of automated procedures that use technical specifications.

Right to revoke the declaration of consent under data protection law You have the right to revoke your declaration of consent under data protection law at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation.

Automated individual decision-making including profiling You 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 significantly affects you. This does not apply if the decision

1. is necessary for the conclusion or performance of a contract between you and the person responsible,
2. is permitted on the basis of legal provisions of the Union or the Member States to which the person responsible is subject and these legal provisions contain appropriate measures to protect your rights and freedoms as well as your legitimate interests or
3. takes place with your express consent.

However, these decisions may not be based on special categories of personal data according to Article 9 Paragraph 1 GDPR unless Article 9 Paragraph 2 lit. a or g GDPR applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests .
With regard to the cases referred to in (1) and (3), the person responsible shall take appropriate measures to safeguard your rights and freedoms and your legitimate interests, including at least the right to obtain human intervention on the part of the person responsible, to express his or her point of view and to challenge the decision.

Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your place of residence, your place of work or the place of the alleged infringement, if you believe that the processing of your personal data is contrary to violates the GDPR. The supervisory authority to which the complaint was lodged will inform the complainant about the status and the results of the complaint, including the possibility of a judicial remedy under Art. 78 GDPR.