I. NAME AND ADDRESS OF THE PERSON RESPONSIBLE
The person responsible within the meaning of the Basic Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:
Breuer-Motoren GmbH & Co. KG
Rensingstrasse 10
44807 Bochum
Germany
Phone: 02 34-90426-0
E-mail: info[at]breuer-motoren.de
Website: www.breuer-motoren.de
II. NAME AND ADDRESS OF THE COMPANY DATA PROTECTION OFFICER
The company data protection officer of the person responsible is:
Andreas Reinke
M.A. Betriebswirtschaftslehre
Tel.: 0234 / 5 88 77 – 27
Fax: 0234 / 5 88 77 – 70
E-Mail: reinke[at]datenschutzbeauftragter.ruhr
For any questions with respect to data protection please contact our data protection officer.
III. GENERAL INFORMATION ON DATA PROCESSING
1. Scope of the processing of personal data
We only process personal data of our users if this is necessary to provide a functional website as well as our contents and services. The processing of personal data of our users takes place regularly only after consent of the user. An exception applies in those cases where prior consent cannot be obtained for real reasons and the processing of the data is permitted by law.
2. Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a EU Data Protection Ordinance (DSGVO) serves as the legal basis.
In the processing of personal data required for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b DSGVO serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.
Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c DSGVO serves as the legal basis.
If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f DSGVO serves as the legal basis for processing.
3. Data erasure and storage time
The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage ceases to apply. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.
IV. PROVISION OF THE WEBSITE AND CREATION OF LOG FILES
1. Description and scope of data processing
Every time you visit our website, our system automatically collects data and information from the computer system of the calling computer.
The following data is collected:
information about the browser type and version used
the user’s operating system
access status/HTTP status code
the amount of data transferred in each case
search queries (search motor you used to submit your search query)
date and time of access
websites from which the user’s system reaches our website
websites accessed by the user’s system via our website
The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.
2. Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f DSGVO.
3. Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this the IP address of the user must remain stored for the duration of the session.
The data is stored in log files to ensure the functionality of the website. In addition, the data serves us 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 pursuant to Art. 6 para. 1 lit. f DSGVO also lies in these purposes.
4. Duration of storage
The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
5. Possibility of opposition and elimination
The collection of data for the provision of the website and the storage of 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. THIRD-PARTY WEBSITES
The operator of the website has no influence on the current content of third-party websites that can be accessed via this website and the way in which these websites are operated.
Breuer-Motoren GmbH is not responsible for the data protection and content of these websites.
VI. USE OF COOKIES
1. Description and scope of data processing
In order to extend the functional scope of our website and to make its use more convenient for you, we use so-called “cookies”. Cookies are small text files that are sent from the web server to your PC and are usually stored on your hard drive. These are not programs that can enter the user’s system and cause damage there. Although cookies can identify the computer you are using, cookies themselves do not store any personal data. When you visit our website again, the cookie indicates that it is a repeat visit. You can configure your browser to refuse the acceptance of cookies in principle or to inform you in advance when a cookie is stored. However, this could limit the functionality of our website.
2. Legal basis for data processing
The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f DSGVO.
3. Purpose of data processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For this it is necessary that the browser is recognized even after a page change.
We need cookies for the following applications:
adoption of language settings
memorizing search terms
The user data collected by technically necessary cookies is not used to create user profiles.
For these purposes, our legitimate interest also lies in the processing of personal data in accordance with Art. 6 para. 1 lit. f DSGVO.
4. Duration of storage, possibility of objection and elimination
Cookies are stored on the user’s computer and transmitted to our site. Therefore, you as a user also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. 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 functions of the website in full.
VII OPENSTREETMAP
1. Description and scope of data processing
We use the OpenStreetMap map service to create directions. OpenStreetMap is an open source project of the OpenStreetMap Foundation that displays a map on our website. When you access this content, you are connecting to servers operated by the OpenStreetMap Foundation, St John’s Innovation Centre, Cowley Road, Cambridge CB4 0WS, United Kingdom, where your IP address and possibly browser data such as your user agent are transmitted. This data is processed solely for the above purposes and to maintain the security and functionality of OpenStreetMap.
The use of OpenStreetMap is based on our legitimate interests according to Art. 6 para. 1 lit. f. DSGVO, i.e. our interest in making it easier for you to find locations mentioned on the website.
Further information can be found in the privacy policy for OpenStreetMap: https://wiki.osmfoundation.org/wiki/Privacy_Policy.
VIII SSL ENCRYPTION
This site uses SSL encryption for security reasons and to protect the transmission of confidential content, such as requests you send to us as a site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line.
If SSL encryption is activated, the data you transmit to us cannot be read by third parties.
IX. YOUTUBE
We have integrated YouTube Video on our website. YouTube Video is a component of the video platform of YouTube, LLC, on which users can upload content, share it over the internet and receive detailed statistics. YouTube Video enables us to integrate content from the platform into our online offer. YouTube Video uses cookies and other browser technologies to analyse user behaviour, recognise users and create user profiles. This information is used, among other things, to analyse the activity of the content listened to and to create reports. If a user is registered with YouTube, LLC, YouTube Video can associate the videos played with the profile. However, we have integrated our videos in “extended data privacy mode”, so that no data are transferred to YouTube/Google if you do not play any video.
When you access this content, you establish a connection to servers of YouTube, LLC, Google Ireland Limited, Gordon House, Barrow Street Dublin 4 Ireland, whereby your IP address and possibly browser data such as your user agent are transmitted.
The service is used on the basis of your consent pursuant to Art. 6 para. 1 lit. a. DSGVO by means of a 2-click procedure
Third-party information: YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA: https://policies.google.com/technologies/product-privacy
and https://policies.google.com/privacy?hl=policies.
X. CONTACT FORM AND E-MAIL CONTACT
1. Description and scope of data processing
There is a contact form on our website which can be used for electronic contact. If a user takes advantage of this possibility, the data entered in the input mask will be transmitted to us and stored. This data is:
name
e-mail
message
Your consent is obtained for the processing of the data within the scope of the sending process and reference is made to this data protection declaration.
Alternatively, you can contact us via the e-mail address provided. In this case, the user’s personal data transmitted by e-mail will be stored.
In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.
2. Legal basis for data processing
The legal basis for the processing of data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.
The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f DSGVO. If the e-mail contact aims at the conclusion of a contract, then additional legal basis for the processing is Art. 6 exp. 1 lit. b DSGVO.
3. Purpose of data processing
The processing of the personal data from the input mask serves us only for the treatment of the establishment of contact. In the event of contact by e-mail, this also constitutes the necessary legitimate interest in the processing of the data.
The other personal data processed during the sending process serves to prevent misuse of the contact form and to ensure the security of our information technology systems.
4. Duration of storage
The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those that were sent by e-mail, this is the case when the respective conversation with the user is finished. The conversation is terminated when it can be inferred from the circumstances that the facts in question have been finally clarified.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
5. Possibility of opposition and elimination
The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.
For this purpose, please contact us by e-mail at the following address: datenschutz@kiwango-it.de
All personal data stored in the course of contacting us will be deleted in this case.
X. RIGHTS OF THE DATA SUBJECT
If personal data is processed by you, you are affected within the meaning of the DSGVO and you have the following rights vis-à-vis the person responsible:
1. Right to information
You can ask the person in charge to confirm whether personal data concerning you will be processed by us.
If such processing has taken place, you can request the following information from the person responsible:
(1) the purposes for which the personal data is being processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data concerning you has been or is still being disclosed;
(4) the planned duration of the storage of personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
(5) the existence of a right to rectification or deletion of personal data concerning you, a right to limitation of processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) any available information on the origin of the data if the personal data is not collected from the data subject;
(8) you have the right to request information as to whether personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 DSGVO in connection with the transmission.
2. The right to correction
You have a right of rectification and/or completion vis-à-vis the data controller if the personal data processed concerning you is incorrect or incomplete. The person responsible shall make the correction without delay.
3. Right to limitation of processing
Under the following conditions, you may request that the processing of personal data concerning you be restricted:
(1) if you dispute the accuracy of the personal data concerning you for a period that enables the data controller to verify 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 data controller no longer needs the personal data for the purposes of the processing, but you do need them to assert, exercise or defend legal claims, or
(4) if you have filed an objection to the processing pursuant to Art. 21 para. 1 DSGVO 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, such data may only be processed – apart from being stored – with your consent or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.
If the processing restriction has been restricted according to the above conditions, you will be informed by the person responsible before the restriction is lifted.
4. Right to cancellation
a) Duty to delete
You may request the data controller to delete the personal data relating to you without delay and the controller is obliged to delete this data without delay if one of the following reasons applies:
(1) The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed.
(2) You revoke your consent, on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a DSGVO, and there is no other legal basis for the processing.
(3) You file an objection against the processing pursuant to Art. 21 para. 1 DSGVO and there are no overriding legitimate reasons for the processing, or you file an objection against the processing pursuant to Art. 21 para. 2 DSGVO.
(4) The personal data concerning you have been processed unlawfully.
(5) The deletion of personal data relating to you is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.
(6) The personal data concerning you was collected in relation to information society services offered pursuant to Art. 8 para. 1 DSGVO.
b) Information to third parties
If the data controller has made the personal data concerning you public and is obliged to delete it pursuant to Art. 17 para. 1 DSGVO, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data processors who process the personal data that you as the data subject have requested the deletion of all links to this personal data or of copies or replications of this personal data.
c) Exceptions
The right to cancellation does not exist insofar as the processing is necessary
(1) to exercise freedom of expression and information;
(2) for the performance of a legal obligation required for processing under the law of the Union or of the Member States to which the controller is subject or for the performance of a task in the public interest or in the exercise of official authority conferred on the controller;
(3) for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 DSGVO;
(4) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 DSGVO, insofar as the law referred to under a) is likely to make it impossible or seriously impair the attainment of the objectives of such processing, or
(5) to assert, exercise or defend legal claims.
5. Right to information
If you have exercised your right to have the data controller correct, delete or limit the processing, he/she 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 on processing, unless this proves impossible or involves a disproportionate effort.
The person responsible shall have the right to be informed of such recipients.
6. Right to data transferability
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 pass this data on to another person in charge without obstruction by the person in charge to whom the personal data was provided, provided that
(1) processing is based on consent pursuant to Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 lit. b DSGVO and
(2) processing is carried out by means of automated methods.
In exercising this right, you also have the right to request that the personal data concerning you be transferred directly from one data controller to another data controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to transferability shall not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority conferred on the controller.
7. Right of objection
You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you under Article 6(1)(e) or (f) of the DSBER; this also applies to profiling based on these provisions.
The data controller no longer processes the personal data concerning you, unless he can prove compelling reasons worthy of protection 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 for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling, insofar as it is associated with such direct marketing.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility to exercise your right of objection in connection with the use of Information Society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.
8. Right to revoke the data protection declaration of consent
You have the right to revoke your data protection declaration of consent at any time. The revocation of consent shall not affect the legality of the processing carried out on the basis of the consent until revocation.
9. Automated decision in individual cases including profiling
You have the right not to be subject to a decision based exclusively on automated processing – including profiling – that has legal effect against you or significantly impairs you in a similar manner. 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) the legislation of the Union or of the Member States to which the person responsible is subject is admissible and that legislation contains appropriate measures to safeguard your rights, freedoms and legitimate interests; or
(3) with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 DSGVO, unless Art. 9 para. 2 lit. a or g DSGVO applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.
In the cases referred to in (1) and (3), the person responsible shall take reasonable measures to safeguard your rights, freedoms and legitimate interests, including at least the right to obtain the intervention of a person by the person responsible, to state his own position and to challenge the decision.
10. Right of appeal to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right of appeal to a supervisory authority, in particular in the Member State where you reside, work or suspect of infringement, if you believe that the processing of personal data concerning you is contrary to the DSGVO.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy under Article 78 DSGVO.
11. Changes to our data protection regulations
We reserve the right to adapt this data protection declaration so that it always complies with current legal requirements or to implement changes to our services in the data protection declaration, e.g. when introducing new services. The new data protection declaration will then apply for your next visit.
Status: December 2019
Translated with www.DeepL.com/Translator
English wording / grammar checked by J.D. Lindsay.