Privacy Policy

1. An overview of data protection

General information

The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit this website. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.

Data recording on this website

Who is the responsible party for the recording of data on this website (i.e., the “controller”)?

The data on this website is processed by the operator of the website, whose contact information is available under section “Information about the responsible party (referred to as the “controller” in the GDPR)” in this Privacy Policy.

How do we record your data?

We collect your data as a result of your sharing of your data with us. This may, for instance be information you enter into our contact form.

Other data shall be recorded by our IT systems automatically or after you consent to its recording during your website visit. This data comprises primarily technical information (e.g., web browser, operating system, or time the site was accessed). This information is recorded automatically when you access this website.

What are the purposes we use your data for?

A portion of the information is generated to guarantee the error free provision of the website. Other data may be used to analyze your user patterns. If contracts can be concluded or initiated via the website, the transmitted data will also be processed for contract offers, orders or other order enquiries.

What rights do you have as far as your information is concerned?

You have the right to receive information about the source, recipients, and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data are rectified or eradicated. If you have consented to data processing, you have the option to revoke this consent at any time, which shall affect all future data processing. Moreover, you have the right to demand that the processing of your data be restricted under certain circumstances. Furthermore, you have the right to log a complaint with the competent supervising agency.

Please do not hesitate to contact us at any time if you have questions about this or any other data protection related issues.

Analysis tools and tools provided by third parties

There is a possibility that your browsing patterns will be statistically analyzed when your visit this website. Such analyses are performed primarily with what we refer to as analysis programs.

For detailed information about these analysis programs please consult our Data Protection Declaration below.

2. Hosting

We are hosting the content of our website at the following provider:

External Hosting

This website is hosted externally. Personal data collected on this website are stored on the servers of the host. These may include, but are not limited to, IP addresses, contact requests, metadata and communications, contract information, contact information, names, web page access, and other data generated through a web site.

The external hosting serves the purpose of fulfilling the contract with our potential and existing customers (Art. 6(1)(b) GDPR) and in the interest of secure, fast, and efficient provision of our online services by a professional provider (Art. 6(1)(f) GDPR). If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6 (1)(a) GDPR and § 25 (1) TDDDG, insofar the consent includes the storage of cookies or the access to information in the user's end device (e.g., device fingerprinting) within the meaning of the TDDDG. This consent can be revoked at any time.

Our host(s) will only process your data to the extent necessary to fulfil its performance obligations and to follow our instructions with respect to such data.

We are using the following host(s):

Unlimited Hosting
Am Emspfad 3
49716 Meppen
Deutschland

3. General information and mandatory information

Data protection

The operators of this website and its pages take the protection of your personal data very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Data Protection Declaration.

Whenever you use this website, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Data Protection Declaration explains which data we collect as well as the purposes we use this data for. It also explains how, and for which purpose the information is collected.

We herewith advise you that the transmission of data via the Internet (i.e., through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third-party access.

Information about the responsible party (referred to as the “controller” in the GDPR)

The data processing controller on this website is:

BERKY GmbH
Wacholderweg 27
49733 Haren (Ems), Germany

Phone: +49 (0) 5932 7254-0
E-mail: info@berky.de

The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of personal data (e.g., names, e-mail addresses, etc.).

Storage duration

Unless a more specific storage period has been specified in this privacy policy, your personal data will remain with us until the purpose for which it was collected no longer applies. If you assert a justified request for deletion or revoke your consent to data processing, your data will be deleted, unless we have other legally permissible reasons for storing your personal data (e.g., tax or commercial law retention periods); in the latter case, the deletion will take place after these reasons cease to apply.

General information on the legal basis for the data processing on this website

If you have consented to data processing, we process your personal data on the basis of Art. 6(1)(a) GDPR or Art. 9 (2)(a) GDPR, if special categories of data are processed according to Art. 9 (1) DSGVO. In the case of explicit consent to the transfer of personal data to third countries, the data processing is also based on Art. 49 (1)(a) GDPR. If you have consented to the storage of cookies or to the access to information in your end device (e.g., via device fingerprinting), the data processing is additionally based on § 25 (1) TDDDG. The consent can be revoked at any time. If your data is required for the fulfillment of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Art. 6(1)(b) GDPR. Furthermore, if your data is required for the fulfillment of a legal obligation, we process it on the basis of Art. 6(1)(c) GDPR. Furthermore, the data processing may be carried out on the basis of our legitimate interest according to Art. 6(1)(f) GDPR. Information on the relevant legal basis in each individual case is provided in the following paragraphs of this privacy policy.

Designation of a data protection officer

We have appointed a data protection officer.

Michael Diesen

DK Digitalservice GmbH
Eichenstr. 52
49733 Haren (Ems)

Phone: +49 1520 8994660
E-mail: info@dk-ds.de

Information on the data transfer to third-party countries that are not secure under data protection law and the transfer to US companies that are not DPF-certified

We use, among other technologies, tools from companies located in third-party countries that are not safe under data protection law, as well as US tools whose providers are not certified under the EU-US Data Privacy Framework (DPF). If these tools are enabled, your personal data may be transferred to and processed in these countries. We would like you to note that no level of data protection comparable to that in the EU can be guaranteed in third countries that are insecure in terms of data protection law.

We would like to point out that the US, as a secure third-party country, generally has a level of data protection comparable to that of the EU. Data transfer to the US is therefore permitted if the recipient is certified under the “EU-US Data Privacy Framework” (DPF) or has appropriate additional assurances. Information on transfers to third-party countries, including the data recipients, can be found in this Privacy Policy.

Recipients of personal data

In the scope of our business activities, we cooperate with various external parties. In some cases, this also requires the transfer of personal data to these external parties. We only disclose personal data to external parties if this is required as part of the fulfillment of a contract, if we are legally obligated to do so (e.g., disclosure of data to tax authorities), if we have a legitimate interest in the disclosure pursuant to Art. 6 (1)(f) GDPR, or if another legal basis permits the disclosure of this data. When using processors, we only disclose personal data of our customers on the basis of a valid contract on data processing. In the case of joint processing, a joint processing agreement is concluded.

Revocation of your consent to the processing of data

A wide range of data processing transactions are possible only subject to your express consent. You can also revoke at any time any consent you have already given us. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.

Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)

IN THE EVENT THAT DATA ARE PROCESSED ON THE BASIS OF ART. 6(1)(E) OR (F) GDPR, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA BASED ON GROUNDS ARISING FROM YOUR UNIQUE SITUATION. THIS ALSO APPLIES TO ANY PROFILING BASED ON THESE PROVISIONS. TO DETERMINE THE LEGAL BASIS, ON WHICH ANY PROCESSING OF DATA IS BASED, PLEASE CONSULT THIS DATA PROTECTION DECLARATION. IF YOU LOG AN OBJECTION, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA, UNLESS WE ARE IN A POSITION TO PRESENT COMPELLING PROTECTION WORTHY GROUNDS FOR THE PROCESSING OF YOUR DATA, THAT OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOMS OR IF THE PURPOSE OF THE PROCESSING IS THE CLAIMING, EXERCISING OR DEFENCE OF LEGAL ENTITLEMENTS (OBJECTION PURSUANT TO ART. 21(1) GDPR).

IF YOUR PERSONAL DATA IS BEING PROCESSED IN ORDER TO ENGAGE IN DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR AFFECTED PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING AT ANY TIME. THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS AFFILIATED WITH SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR DIRECT ADVERTISING PURPOSES (OBJECTION PURSUANT TO ART. 21(2) GDPR).

Right to log a complaint with the competent supervisory agency

In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.

Information about, rectification and eradication of data

Within the scope of the applicable statutory provisions, you have the right to demand information about your archived personal data, their source and recipients as well as the purpose of the processing of your data at any time. You may also have a right to have your data rectified or eradicated. If you have questions about this subject matter or any other questions about personal data, please do not hesitate to contact us at any time.

Right to demand processing restrictions

You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact us at any time. The right to demand restriction of processing applies in the following cases:

  • In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your personal data.
  • If the processing of your personal data was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data instead of demanding the eradication of this data.
  • If we do not need your personal data any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the processing of your personal data instead of its eradication.
  • If you have raised an objection pursuant to Art. 21(1) GDPR, your rights and our rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your personal data.

If you have restricted the processing of your personal data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.

SSL and/or TLS encryption

For security reasons and to protect the transmission of confidential content, such as purchase orders or inquiries you submit to us as the website operator, this website uses either an SSL or a TLS encryption program. You can recognize an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line.

If the SSL or TLS encryption is activated, data you transmit to us cannot be read by third parties.

4. Recording of data on this website

Cookies

Our websites and pages use what the industry refers to as “cookies.” Cookies are small data packages that do not cause any damage to your device. They are either stored temporarily for the duration of a session (session cookies) or they are permanently archived on your device (permanent cookies). Session cookies are automatically deleted once you terminate your visit. Permanent cookies remain archived on your device until you actively delete them, or they are automatically eradicated by your web browser.

Cookies can be issued by us (first-party cookies) or by third-party companies (so-called third-party cookies). Third-party cookies enable the integration of certain services of third-party companies into websites (e.g., cookies for handling payment services).

Cookies have a variety of functions. Many cookies are technically essential since certain website functions would not work in the absence of these cookies (e.g., the shopping cart function or the display of videos). Other cookies may be used to analyze user behavior or for promotional purposes.

Cookies, which are required for the performance of electronic communication transactions, for the provision of certain functions you want to use (e.g., for the shopping cart function) or those that are necessary for the optimization (required cookies) of the website (e.g., cookies that provide measurable insights into the web audience), shall be stored on the basis of Art. 6(1)(f) GDPR, unless a different legal basis is cited. The operator of the website has a legitimate interest in the storage of required cookies to ensure the technically error-free and optimized provision of the operator’s services. If your consent to the storage of the cookies and similar recognition technologies has been requested, the processing occurs exclusively on the basis of the consent obtained (Art. 6(1)(a) GDPR and § 25 (1) TDDDG); this consent may be revoked at any time.

You have the option to set up your browser in such a manner that you will be notified any time cookies are placed and to permit the acceptance of cookies only in specific cases. You may also exclude the acceptance of cookies in certain cases or in general or activate the delete-function for the automatic eradication of cookies when the browser closes. If cookies are deactivated, the functions of this website may be limited.

If other cookies and services are used on this website, you can find this information in this privacy policy.

Consent with Usercentrics

This website uses the consent technology of Usercentrics to obtain your consent to the storage of certain cookies on your device or for the use of specific technologies, and to document the former in a data protection compliant manner. The party offering this technology is Usercentrics GmbH, Sendlinger Straße 7, 80331 München, Germany, website: https://usercentrics.com/ (hereinafter referred to as “Usercentrics”).

Whenever you visit our website, the following personal data will be transferred to Usercentrics:

  • Your declaration(s) of consent or your revocation of your declaration(s) of consent
  • Your IP address
  • Information about your browser
  • Information about your device
  • The date and time you visited our website
  • Geolocation

Moreover, Usercentrics shall store a cookie in your browser to be able to allocate your declaration(s) of consent or any revocations of the former. The data that are recorded in this manner shall be stored until you ask us to eradicate them, delete the Usercentrics cookie or until the purpose for archiving the data no longer exists. This shall be without prejudice to any mandatory legal retention periods.

The Usercentrics banner on this website has been configured with the assistance of eRecht24. This can be identified by the eRecht24 logo. To display the eRecht24 logo in the banner, a connection to the image server of eRecht24 will be established. In conjunction with this, the IP address is also transferred; however, is only stored in anonymized form in the server logs. The image server of eRecht24 is located in Germany with a German provider. The banner as such is provided exclusively by Usercentrics.

Usercentrics uses cookies to obtain the declarations of consent mandated by law. The legal basis for the use of specific technologies is Art. 6(1)(c) GDPR.

Contact form

If you submit inquiries to us via our contact form, the information provided in the contact form as well as any contact information provided therein will be stored by us in order to handle your inquiry and in the event that we have further questions. We will not share this information without your consent.

The processing of these data is based on Art. 6(1)(b) GDPR, if your request is related to the execution of a contract or if it is necessary to carry out pre-contractual measures. In all other cases the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art. 6(1)(f) GDPR) or on your agreement (Art. 6(1)(a) GDPR) if this has been requested; the consent can be revoked at any time.

The information you have entered into the contact form shall remain with us until you ask us to eradicate the data, revoke your consent to the archiving of data or if the purpose for which the information is being archived no longer exists (e.g., after we have concluded our response to your inquiry). This shall be without prejudice to any mandatory legal provisions, in particular retention periods.

Request by e-mail, telephone, or fax

If you contact us by e-mail, telephone or fax, your request, including all resulting personal data (name, request) will be stored and processed by us for the purpose of processing your request. We do not pass these data on without your consent.

These data are processed on the basis of Art. 6(1)(b) GDPR if your inquiry is related to the fulfillment of a contract or is required for the performance of pre-contractual measures. In all other cases, the data are processed on the basis of our legitimate interest in the effective handling of inquiries submitted to us (Art. 6(1)(f) GDPR) or on the basis of your consent (Art. 6(1)(a) GDPR) if it has been obtained; the consent can be revoked at any time.

The data sent by you to us via contact requests remain with us until you request us to delete, revoke your consent to the storage or the purpose for the data storage lapses (e.g. after completion of your request). Mandatory statutory provisions - in particular statutory retention periods - remain unaffected.

5. Analysis tools and advertising

Google Tag Manager

We use the Google Tag Manager. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland

The Google Tag Manager is a tool that allows us to integrate tracking or statistical tools and other technologies on our website. The Google Tag Manager itself does not create any user profiles, does not store cookies, and does not carry out any independent analyses. It only manages and runs the tools integrated via it. However, the Google Tag Manager does collect your IP address, which may also be transferred to Google’s parent company in the United States.

The Google Tag Manager is used on the basis of Art. 6(1)(f) GDPR. The website operator has a legitimate interest in the quick and uncomplicated integration and administration of various tools on his website. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TDDDG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TDDDG. This consent can be revoked at any time.

The company is certified in accordance with the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the US, which is intended to ensure compliance with European data protection standards for data processing in the US. Every company certified under the DPF is obliged to comply with these data protection standards. For more information, please contact the provider under the following link: https://www.dataprivacyframework.gov/participant/5780.

Google Analytics

This website uses functions of the web analysis service Google Analytics. The provider of this service is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

Google Analytics enables the website operator to analyze the behavior patterns of website visitors. To that end, the website operator receives a variety of user data, such as pages accessed, time spent on the page, the utilized operating system and the user’s origin. This data is assigned to the respective end device of the user. An assignment to a user-ID does not take place.

Furthermore, Google Analytics allows us to record your mouse and scroll movements and clicks, among other things. Google Analytics uses various modeling approaches to augment the collected data sets and uses machine learning technologies in data analysis.

Google Analytics uses technologies that make the recognition of the user for the purpose of analyzing the user behavior patterns (e.g., cookies or device fingerprinting). The website use information recorded by Google is, as a rule transferred to a Google server in the United States, where it is stored.

The use of these services occurs on the basis of your consent pursuant to Art. 6(1)(a) GDPR and § 25(1) TDDDG. You may revoke your consent at any time.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://business.safety.google/adscontrollerterms/sccs/.

The company is certified in accordance with the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the US, which is intended to ensure compliance with European data protection standards for data processing in the US. Every company certified under the DPF is obliged to comply with these data protection standards. For more information, please contact the provider under the following link: https://www.dataprivacyframework.gov/participant/5780.

IP anonymization

Google Analytics IP anonymization is active. As a result, your IP address will be abbreviated by Google within the member states of the European Union or in other states that have ratified the Convention on the European Economic Area prior to its transmission to the United States. The full IP address will be transmitted to one of Google’s servers in the United States and abbreviated there only in exceptional cases. On behalf of the operator of this website, Google shall use this information to analyze your use of this website to generate reports on website activities and to render other services to the operator of this website that are related to the use of the website and the Internet. The IP address transmitted in conjunction with Google Analytics from your browser shall not be merged with other data in Google’s possession.

Browser plug-in

You can prevent the recording and processing of your data by Google by downloading and installing the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

For more information about the handling of user data by Google Analytics, please consult Google’s Data Privacy Declaration at: https://support.google.com/analytics/answer/6004245?hl=en.

Google Ads

The website operator uses Google Ads. Google Ads is an online promotional program of Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

Google Ads enables us to display ads in the Google search engine or on third-party websites, if the user enters certain search terms into Google (keyword targeting). It is also possible to place targeted ads based on the user data Google has in its possession (e.g., location data and interests; target group targeting). As the website operator, we can analyze these data quantitatively, for instance by analyzing which search terms resulted in the display of our ads and how many ads led to respective clicks.

The use of these services occurs on the basis of your consent pursuant to Art. 6(1)(a) GDPR and § 25(1) TDDDG. You may revoke your consent at any time.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://policies.google.com/privacy/frameworks and https://business.safety.google/controllerterms/.

The company is certified in accordance with the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the US, which is intended to ensure compliance with European data protection standards for data processing in the US. Every company certified under the DPF is obliged to comply with these data protection standards. For more information, please contact the provider under the following link: https://www.dataprivacyframework.gov/participant/5780.

Google Conversion-Tracking

This website uses Google Conversion Tracking. The provider of this service is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

With the assistance of Google Conversion Tracking, we are in a position to recognize whether the user has completed certain actions. For instance, we can analyze the how frequently which buttons on our website have been clicked and which products are reviewed or purchased with particular frequency. The purpose of this information is to compile conversion statistics. We learn how many users have clicked on our ads and which actions they have completed. We do not receive any information that would allow us to personally identify the users. Google as such uses cookies or comparable recognition technologies for identification purposes.

The use of these services occurs on the basis of your consent pursuant to Art. 6(1)(a) GDPR and § 25(1) TDDDG. You may revoke your consent at any time.

For more information about Google Conversion Tracking, please review Google’s data protection policy at: https://policies.google.com/privacy?hl=en

The company is certified in accordance with the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the US, which is intended to ensure compliance with European data protection standards for data processing in the US. Every company certified under the DPF is obliged to comply with these data protection standards. For more information, please contact the provider under the following link: https://www.dataprivacyframework.gov/participant/5780.

Meta Pixel (formerly Facebook Pixel)

To measure conversion rates, this website uses the visitor activity pixel of Meta. The provider of this service is Meta Platforms Ireland Limited, Merrion Road Dublin 4, Dublin, D04 X2K5, Ireland. According to Meta’s statement the collected data will be transferred to the USA and other third-party countries too.

This tool allows the tracking of page visitors after they have been linked to the website of the provider after clicking on a Meta ad. This makes it possible to analyze the effectiveness of Meta ads for statistical and market research purposes and to optimize future advertising campaigns.

For us as the operators of this website, the collected data is anonymous. We are not in a position to arrive at any conclusions as to the identity of users. However, Meta archives the information and processes it, so that it is possible to make a connection to the respective user profile on Facebook or Instagram and Meta is in a position to use the data for its own promotional purposes in compliance with the Meta Data Usage Policy (https://www.facebook.com/about/privacy/). This enables Meta to display ads on Facebook or Instagram and other advertising channels. We as the operator of this website have no control over the use of such data.

The use of these services occurs on the basis of your consent pursuant to Art. 6(1)(a) GDPR and § 25(1) TDDDG. You may revoke your consent at any time.

Insofar as personal data is collected on our website with the help of the tool described here and forwarded to Meta, we and Meta Platforms Ireland Limited, Merrion Road Dublin 4, Dublin, D04 X2K5, Ireland are jointly responsible for this data processing (Art. 26 DSGVO). The joint responsibility is limited exclusively to the collection of the data and its forwarding to Meta. The processing by Meta that takes place after the onward transfer is not part of the joint responsibility. The obligations incumbent on us have been jointly set out in a joint processing agreement. The wording of the agreement can be found under: https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible for providing the privacy information when using the Meta tool and for the privacy-secure implementation of the tool on our website. Meta is responsible for the data security of Meta products. You can assert data subject rights (e.g., requests for information) regarding data processed by Facebook or Instagram directly with Meta. If you assert the data subject rights with us, we are obliged to forward them to Meta.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://www.facebook.com/legal/EU_data_transfer_addendum and https://de-de.facebook.com/help/566994660333381.

In Meta’s Data Privacy Policies, you will find additional information about the protection of your privacy at: https://www.facebook.com/about/privacy/.

You also have the option to deactivate the remarketing function “Custom Audiences” in the ad settings section under https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen. To do this, you first have to log into Facebook.

If you do not have a Facebook or Instagram account, you can deactivate any user-based advertising by Meta on the website of the European Interactive Digital Advertising Alliance: http://www.youronlinechoices.com/de/praferenzmanagement/.

The company is certified in accordance with the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the US, which is intended to ensure compliance with European data protection standards for data processing in the US. Every company certified under the DPF is obliged to comply with these data protection standards. For more information, please contact the provider under the following link: https://www.dataprivacyframework.gov/participant/4452.

6. Plug-ins and Tools

YouTube

This website embeds videos of the website YouTube. The website operator is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

If you visit a page on this website into which a YouTube has been embedded, a connection with YouTube’s servers will be established. As a result, the YouTube server will be notified, which of our pages you have visited.

Furthermore, YouTube will be able to place various cookies on your device or comparable technologies for recognition (e.g. device fingerprinting). In this way YouTube will be able to obtain information about this website’s visitors. Among other things, this information will be used to generate video statistics with the aim of improving the user friendliness of the site and to prevent attempts to commit fraud. Furthermore, the data collected will be processed in the Google advertising network.

If you are logged into your YouTube account while you visit our site, you enable YouTube to directly allocate your browsing patterns to your personal profile. You have the option to prevent this by logging out of your YouTube account.

The use of YouTube is based on our interest in presenting our online content in an appealing manner. Pursuant to Art. 6(1)(f) GDPR, this is a legitimate interest. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TDDDG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TDDDG. This consent can be revoked at any time.

For more information on how YouTube handles user data, please consult the YouTube Data Privacy Policy under: https://policies.google.com/privacy?hl=en.

The company is certified in accordance with the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the US, which is intended to ensure compliance with European data protection standards for data processing in the US. Every company certified under the DPF is obliged to comply with these data protection standards. For more information, please contact the provider under the following link: https://www.dataprivacyframework.gov/participant/5780.

Google Fonts (local embedding)

This website uses so-called Google Fonts provided by Google to ensure the uniform use of fonts on this site. These Google fonts are locally installed so that a connection to Google’s servers will not be established in conjunction with this application.

For more information on Google Fonts, please follow this link: https://developers.google.com/fonts/faq and consult Google’s Data Privacy Declaration under: https://policies.google.com/privacy?hl=en.

Google Maps

This website uses the mapping service Google Maps. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland. With the means of this service, we can integrate map material on our website.

To enable the use of the Google Maps features, your IP address must be stored. As a rule, this information is transferred to one of Google’s servers in the United States, where it is archived. The operator of this website has no control over the data transfer. In case Google Maps has been activated, Google has the option to use Google Fonts for the purpose of the uniform depiction of fonts. When you access Google Maps, your browser will load the required web fonts into your browser cache, to correctly display text and fonts.

We use Google Maps to present our online content in an appealing manner and to make the locations disclosed on our website easy to find. This constitutes a legitimate interest as defined in Art. 6(1)(f) GDPR. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TDDDG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TDDDG. This consent can be revoked at any time.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://privacy.google.com/businesses/gdprcontrollerterms/ and https://privacy.google.com/businesses/gdprcontrollerterms/sccs/.

For more information on the handling of user data, please review Google’s Data Privacy Declaration under: https://policies.google.com/privacy?hl=en.

The company is certified in accordance with the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the US, which is intended to ensure compliance with European data protection standards for data processing in the US. Every company certified under the DPF is obliged to comply with these data protection standards. For more information, please contact the provider under the following link: https://www.dataprivacyframework.gov/participant/5780.

CleanTalk

This website uses the anti-spam plugins of CleanTalk. The provider is CleanTalk Inc, 711 S Carson Street, Suite 4, Carson City, NV, 89701, USA (hereinafter referred to as “CleanTalk”).

The purpose of using CleanTalk is to protect our website against spam activities (such as unsolicited ads, messages, or comments). To achieve this, CleanTalk records a variety of personal data, such as the IP address, email address, nickname of the senders of messages, information about the technology of JavaScript in the sender’s browser and any text copy entered.

This information will be transferred to a CleanTalk server in the EU and will be archived there.

For security reasons and to fend off spam, your data will be processed by the CleanTalk Cloud Service and will be archived for a maximum of 31 days in log files. Once this period ends, the data will be deleted entirely.

Our company uses CleanTalk on the basis of Art. 6 (1)(f) GDPR. The website operator has a legitimate interest in protecting the operator’s website from spam activities as effectively as possible. If pertinent consent has been requested from you, processing will occur exclusively on the basis of Art. 6 (1)(a) GDPR and § 25 (1) TDDDG if the consent includes the archiving of cookies or access to information the user’s device as defined in the TDDDG. Such consent may be revoked at any time.

The data transfer to the United States is based on the standard contract clauses of the EU Commissions. For details, please visit: https://cleantalk.org/publicoffer#privacy.

Privacy Policy

I. Name and address of the controller

The controller for data processing on this website is:
BERKY GmbH
Wacholderweg 27
49733 Haren, Germany
Email: compliance@berky.de

II. General information about data processing

1. Scope of processing of personal data

In principle, we only process the personal data of our users to the extent necessary to provide a functional website and to deliver our content and services. The personal data of our users is normally only processed with the consent of the user. An exception applies in cases where it is not possible to obtain prior consent for practical reasons and the processing of the data is permitted by law.

2. Legal basis for the processing of personal data

Where we obtain the consent of the data subject for the purposes of processing personal data, Art. 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.

Art. 6 (1) (b) GDPR serves as the legal basis for the processing of personal data that is necessary for the performance of 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.

Where processing of personal data is necessary to comply with a legal requirement to which our company is subject, Art. 6 (1) (c) GDPR serves as the legal basis.

Where processing is necessary in order to safeguard the vital interests of the data subject or of another natural person, Art. 6 (1) (d) GDPR serves as the legal basis.

Where processing is necessary to safeguard a legitimate interest of our company or of a third party, and if the interests, fundamental rights and freedoms of the data subject do not outweigh that interest, Art. 6 (1) (f) GDPR serves as the legal basis for the processing.

3. Data erasure and storage period

The personal data of the data subject is erased or blocked as soon as the purpose for which it was stored no longer applies. Data may be stored beyond this period when this is provided for by European or national legislators in EU regulations, laws or other provisions to which the controller is subject. Data will also be blocked or erased if a storage period prescribed under the above-mentioned rules expires, unless it is necessary to continue storing the data for the conclusion or performance of a contract.

III. Other data processing

1. Log files

a. Description and scope of data processing

On each visit to our website, our system automatically collects data and information from the computer system used to access the site.

The following data is collected:

  1. Information about the browser type
  2. The user’s operating system
  3. The internet service provider
  4. The user’s IP address
  5. Date and time of access
  6. Browser language
  7. User’s location

The log files contain IP addresses or other data which, in principle, enable the information to be associated with a user.

This data is also stored in the log files of our system. The data is not stored together with other personal data of the user.

b. Legal basis for data processing

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

c. Purpose of data processing

It is necessary for the system to store the IP address temporarily to enable delivery of the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.

This also includes our legitimate interest in the data processing under Art. 6 (1) (f) GDPR.

d. Duration of storage

The data is erased as soon as it is no longer required for the purpose for which it was collected. With regard to data collected for the purpose of providing the website, this is the case when the respective session has ended. Any additional data will only be stored in exceptional circumstances. In all other cases, the users’ IP addresses are erased or masked in order to ensure that they cannot be associated with the client accessing the website.

e. Option to object and to delete data

The collection of data in order to make the website available and storage of the data in log files are essential for operation of the website. As a result, the user does not have the right to object to this.

2. Use of cookies

a. Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in or by the internet browser on the user’s computer system. When a user accesses a website, a cookie may be stored on the user’s operating system. This cookie contains a character string that enables the browser to be uniquely identified when the website is accessed again.

We use cookies to make our website more user-friendly. Some elements of our website require that the accessing browser can be identified even after a page change.

b. Legal basis for data processing

The legal basis for the processing of personal data using cookies is Art. 6 (1) (f) GDPR.

c. Purpose of data processing

The purpose of the use of cookies is to simplify the use of the website for the user. Some features of this website cannot be offered without the use of cookies. For this, it is necessary that the browser can be recognised even after a page change.

In this respect, our legitimate interest in such cases is derived from Art. 6 (1) (f) GDPR.

d. Duration of storage, option to object and to delete data

Cookies are stored on the user’s computer and sent from there to our website. As a user, you therefore have complete control over the use of cookies. By changing the settings in your internet browser, you can disable or restrict the transfer of cookies. Cookies that have already been stored 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 of the website’s features to their full extent.

3. Google Analytics

We use Google Analytics to analyse website usage. The data obtained from this is used to optimise our website and advertising campaigns. 

Google Analytics is provided to us by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland). Google processes the data relating to website usage on our behalf, and contractually undertakes to take steps to ensure the security and confidentiality of the processed data.

During your visit to the website, the data that is recorded includes the following:

  • Pages accessed
  • Achieving ‘website objectives’ (e.g. contact enquiries and newsletter registrations)
  • Your actions on the pages 
  • Your approximate location (country and city)
  • Your IP address
  • Technical information such as browser, internet provider, terminal device and screen resolution
  • Source of your visit (i.e. website or advertising medium from which you came to us)

Personal data such as name, address or contact details is not sent to Google Analytics.

All collected data is transferred to Google servers in the USA. Please note that the same level of data protection cannot be guaranteed in the USA as in the EU. Google Analytics stores cookies in your web browser for two years since your last visit. These cookies contain a randomly generated user ID that allows you to be recognised on future visits to the website.

The recorded data is stored together with the randomly generated user ID. This enables pseudonymous user profiles to be analysed and the data is deleted after the legally permissible storage period has expired.

Other data remains stored in aggregated form indefinitely.

If you do not agree to data being collected in this way, you can reject it through our cookie settings options.

4. Google reCAPTCHA

a. Description and scope of data processing

ReCAPTCHA collects personal data from users in order to determine whether the actions on our website do actually originate from humans.

This means that the IP address and other data that Google requires for the reCAPTCHA service may be sent to Google. Within the member states of the EU or other signatory states to the Agreement on the European Economic Area, IP addresses are almost always truncated before the data is transferred to a server in the USA. The IP address will not be combined with other Google data unless you are logged in to your Google account while using reCAPTCHA. First, the reCAPTCHA algorithm checks whether your browser already holds Google cookies from other Google services (YouTube, Gmail, etc.). Then reCAPTCHA sets an additional cookie in your browser and captures a snapshot of your browser window.

b. Legal basis for data processing

The legal basis for the processing of personal data using ReCaptcha is Art. 6 (1) (f) GDPR.

c. Purpose of data processing

his is a spam protection service designed to ensure that our website is used solely by humans.

d. Duration of storage

The recorded data is stored together with the randomly generated user ID. This enables pseudonymous user profiles to be analysed and the data is deleted after the legally permissible storage period has expired. More details can be found at:
Privacy Policy – Privacy Policy and Terms of Service – Google

e. Option to object and to delete data

If you do not agree to data being collected in this way, you can reject it through our cookie settings options, and request its deletion if it has already been collected.

5. Google Fonts

a. Description and scope of data processing

Google Fonts is a font visualisation service provided by Google Inc. that enables this website to include the relevant content in its pages.

b. Legal basis for data processing

The legal basis for the processing of personal data using Google Fonts is Art. 6 (1) (f) GDPR, unless express consent has been given to the use of this data (Art. 6 (1) (a) GDPR).

c. Purpose of data processing

Google Fonts allows users to view and interact with content hosted on external platforms directly from this website.

d. Duration of storage

The recorded data is stored together with the randomly generated user ID. This enables pseudonymous user profiles to be analysed and the data is deleted after the legally permissible storage period has expired.

e. Option to object and to delete data

If you do not agree to data being collected in this way, you can reject it through our cookie settings options, and request its deletion if it has already been collected.

For more information about Google Fonts, please visit: Privacy Policy.

6. YouTube

This website contains at least one plug-in from YouTube, belonging to Google Inc., based in San Bruno, California, USA.

When accessing the relevant pages, the IP address is therefore transferred, along with information on the website from which you were redirected to the YouTube page.

As soon as you then start playing an embedded video by clicking on it, YouTube with privacy-enhanced mode enabled will only store cookies on your device that do not contain any personally identifiable data, unless you are currently logged in to a Google service. These cookies can be prevented by the appropriate browser settings and extensions.

YouTube only uses cookies to collect information about user behaviour when the embedded video starts to play. Further information on data protection at YouTube can be found in the provider’s privacy policy at: https://policies.google.com/privacy?hl=en-GB

IV. Job application form

a. Description and scope of data processing

Data transferred via the contact/application form, including any other documents you send, will be stored and processed in order to deal with your job application.

b. Legal basis for data processing

The legal basis for processing the data entered in the job application form or the data transferred is Art. 6 (1) (a) GDPR.

c. Purpose of data processing

The data is processed exclusively for the purpose of dealing with the job application that you submit. This also results in the special interest in processing and storage as required on our part.

d. Duration of storage, option to object and to delete data

Data sent via the application form remains with us until you ask us to delete it, but at least until the need for storage no longer exists without a substitute arrangement being put in place, or you have revoked your consent to storage and no other authorisation is applicable.

V. Rights of the data subject

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

1. Right of access to information

You may request confirmation from the controller as to whether or not personal data concerning you is being processed by us.

Where that is the case, you may request the following information from the controller:

(1) The purposes for which the personal data is processed;

(2) The categories of personal data that are processed;

(3) The recipients or categories of recipients to whom the personal data concerning you has been or will be disclosed;

(4) The envisaged period for which the personal data concerning you will be stored or, if specific information is not possible, the criteria used to determine the period of storage;

(5) The existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;

(6) The existence of a right to lodge a complaint with a supervisory authority;

(7) Where the personal data was not collected from the data subject, any available information as to its source;

(8) The existence of automated decision-making, including profiling, referred to in Art. 22 (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.

You have the right to request information as to whether the personal data concerning you is being transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR relating to the transfer.

2. Right to rectification

You have the right to obtain from the controller the rectification and/or completion of inaccurate or incomplete personal data concerning you. The controller must make the rectification without undue delay.

3. Right to restriction of processing

You may request restriction of the processing of your personal data subject to the following conditions:

(1) If you contest the accuracy of the personal data concerning you, for a period enabling the controller to verify the accuracy of the personal data;

(2) The processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead;

(3) The controller no longer needs the personal data for the purposes of the processing, but you require it for the establishment, exercise or defence of legal claims, or

(4) You have objected to processing pursuant to Art. 21 (1) pending the verification whether the legitimate grounds of the controller override yours.

Where processing of your personal data has been restricted, such data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

If the restriction of processing has been restricted in accordance with the aforementioned conditions, you will be informed by the controller before the restriction is lifted.

4. Right to erasure

You may request the controller to erase the personal data concerning you without undue delay and the controller is obliged to erase such data without undue delay where one of the following grounds applies:

(1) The personal data concerning you is no longer necessary in relation to the purposes for which it was collected or otherwise processed.

(2) You withdraw your consent on which the processing was based according to Art. 6 (1) (a) or Art. 9 (2) (a) GDPR and there is no other legal basis for the processing.

(3) You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.

(4) The personal data concerning you has been unlawfully processed.

(5) The personal data concerning you must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.

(6) The personal data concerning you was collected in relation to the offer of information society services referred to in Art. 8 (1) GDPR.

There is no right to erasure to the extent that processing is necessary

(1) For exercising the right of freedom of expression and information;

(2) 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;

(3) For reasons of public interest in the area of public health in accordance with Art. 9 (2) (h) and (i) and Art. 9 (3) GDPR;

(4) For archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 (1) GDPR, in so far as the right referred to in paragraph a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or

(5) For the establishment, exercise or defence of legal claims.

5. Right to notification

If you have asserted your right to rectification, erasure or restriction of processing vis-à-vis the controller, the controller shall be obliged to notify such rectification or erasure of the data or restriction of processing, unless this proves impossible or involves disproportionate effort.

6. Right to data portability

You have the right to receive the personal data concerning you, which you provided to a controller, in a structured, commonly used and machine-readable format. You also have the right to transmit that data to another controller without hindrance from the controller to which the personal data has been provided, where:

(1) The processing is based on consent pursuant to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR, or on a contract pursuant to Art. 6 (1) (b) GDPR, and

(2) The processing is carried out by automated means.

In exercising this right, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible. This shall not adversely affect the rights and freedoms of others.

The right to data portability 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.

7. Right to object

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Art. 6 (1) (e) or (f) GDPR, including profiling based on these provisions.

The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

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.

VI. 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 habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

The supervisory authority responsible for Berky GmbH is:

Data Protection Officer of the State of Lower Saxony

Email: poststelle@lfd.niedersachsen.de
Telephone number: +49 (0) 511 120 4500
Fax number: +49 (0) 511 120 4599
Postal address: P.O. Box 221, 30002 Hanover, Germany