Privacy policy

1. Data protection at a glance

General information

The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is any data that can be used to identify you personally. For detailed information on data protection, please refer to our privacy policy listed below this text.

Data collection on this website

Who is responsible for data collection on this website?

Data processing on this website is carried out by the website operator. You can find their contact details in the section “Information on the controller” in this privacy policy.

How do we collect your data?

Your data is collected when you provide it to us. This may include, for example, data that you enter into a contact form.

Other data is collected automatically or with your consent when you visit the website by our IT systems. This is primarily technical data (e.g. Internet browser, operating system or time of page view). This data is collected automatically as soon as you enter this website.

What do we use your data for?

Some of the data is collected to ensure that the website functions correctly. Other data may be used to analyse your user behaviour. 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 regarding your data?

You have the right to obtain information about the origin, recipients and purpose of your stored personal data at any time and free of charge. You also have the right to request the correction or deletion of this data. If you have given your consent to data processing, you may revoke this consent at any time for the future. You also have the right to request the restriction of the processing of your personal data under certain circumstances. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

Please feel free to contact us at any time if you have any further questions on this or other data protection issues.

2. Hosting

We host the content of our website with the following provider:

IONOS

The provider is IONOS SE, Elgendorfer Str. 57, 56410 Montabaur, Germany (hereinafter referred to as IONOS). When you visit our website, IONOS collects various log files, including your IP addresses. For details, please refer to the IONOS privacy policy: https://www.ionos.de/terms-gtc/terms-privacy.

The use of IONOS is based on Art. 6(1)(f) GDPR. We have a legitimate interest in ensuring that our website is as reliable as possible. If consent has been requested, processing will be carried out exclusively on the basis of Art. 6(1)(a) GDPR and Section 25(1) TDDDG, (Telecommunications, Digital Services and Data Protection Act) insofar as the consent covers the storage of cookies or access to information on the user’s terminal device (e.g. device fingerprinting) as defined in the TDDDG. Consent may be revoked at any time.

Data processing

We have concluded a data processing agreement (AVV) for the use of the above-mentioned service. This is a contract required by data protection law, which ensures that the personal data of our website visitors is only processed in accordance with our instructions and in compliance with the GDPR.

3. General information and mandatory information

Data protection

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.

When you use this website, various personal data is collected. Personal data is data that can be used to identify you personally. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.

We would like to point out that data transmission over the Internet (e.g. when communicating by e-mail) may be subject to security vulnerabilities. It is not possible to completely protect data from access by third parties.

Note on the controller

The responsible body for data processing on this website is:

Börkey GmbH
Volmarsteiner Str. 26 b
58089 Hagen, Germany

Telephone: +49 2331 303085
Email: info@boerkey.com

The controller is the natural or legal person who, alone or jointly with others, decides on the purposes and means of processing personal data (e.g. names, email addresses, etc.).

Storage period

Unless a more specific storage period is specified in this privacy policy, your personal data will remain with us until the purpose for data processing no longer applies. If you assert a legitimate 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, deletion will take place once these reasons no longer apply.

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

If you have consented to data processing, we process your personal data on the basis of Art. 6(1) lit. a GDPR or Art. 9(2) lit. a GDPR, if special categories of data are processed in accordance with Art. 9(1) GDPR. In the event of express consent to the transfer of personal data to third countries, data processing shall also be carried out on the basis of Article 49(1)(a) GDPR. If you have consented to the storage of cookies or access to information on your end device (e.g. via device fingerprinting), data processing will also be carried out on the basis of Section 25 (1) TDDDG. Consent may be revoked at any time. If your data is necessary for the performance of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Art. 6(1) lit. b GDPR. Furthermore, we process your data if this is necessary to fulfil a legal obligation on the basis of Art. 6(1)(c) GDPR. Data processing may also be carried out on the basis of our legitimate interest pursuant to Article 6(1)(f) GDPR. The relevant legal basis in each individual case is explained in the following paragraphs of this privacy policy.

Recipients of personal data

We work with various external parties in the course of our business activities. In some cases, this also requires the transfer of personal data to these external bodies. We only pass on personal data to external parties if this is necessary for the fulfilment of a contract, if we are legally obliged to do so (e.g. passing on data to tax authorities), if we have a legitimate interest in passing on the data in accordance with Art. 6 (1) lit. f GDPR, or if another legal basis permits the transfer of data. When using processors, we only pass on our customers’ personal data on the basis of a valid contract for processing. In the event of joint processing, a joint processing agreement shall be concluded.

Withdrawal of your consent to data processing

Many data processing operations are only possible with your express consent. You may withdraw your consent at any time. The lawfulness of data processing carried out prior to revocation remains unaffected by the revocation.

Right to object to data collection in specific cases and to direct marketing (Art. 21 GDPR)

IF DATA PROCESSING IS BASED ON ART. 6 (1) (E) OR (F) OF THE GDPR, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA, UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS, OR THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFENCE OF LEGAL CLAIMS (OBJECTION PURSUANT TO ART. 21 (1) GDPR).

IF YOUR PERSONAL DATA IS PROCESSED FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR SUCH MARKETING PURPOSES; THIS ALSO APPLIES TO PROFILING, INSOFAR AS IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL NO LONGER BE USED FOR DIRECT MARKETING PURPOSES (OBJECTION PURSUANT TO ART. 21 (2) GDPR).

Right to lodge a complaint with the competent supervisory authority

In the event of violations of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, place of work or place of the alleged violation. The right of appeal exists without prejudice to other administrative or judicial remedies.

Right to data portability­

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

Information, correction and deletion

Within the framework of the applicable legal provisions, you have the right to obtain information free of charge at any time about your stored personal data, its origin and recipients, and the purpose of data processing, and, if applicable, a right to correct or delete this data. You can contact us at any time with any questions you may have on this subject or on the subject of personal data.

Right to restriction of processing

You have the right to request the restriction of the processing of your personal data. Please feel free to contact us at any time. The right to restriction of processing applies in the following cases:

  • If you dispute the accuracy of your personal data stored by us, we will generally need time to verify this. For the duration of the review, you have the right to request that the processing of your personal data be restricted.
  • If the processing of your personal data was/is unlawful, you may request the restriction of data processing instead of erasure.
  • If we no longer need your personal data, but you need it to exercise, defend or assert legal claims, you have the right to request the restriction of the processing of your personal data instead of its deletion.
  • If you have lodged an objection pursuant to Article 21(1) GDPR, a balance must be struck between your interests and ours. As long as it is not yet clear whose interests prevail, you have the right to request that the processing of your personal data be restricted.

If you have restricted the processing of your personal data, this data – apart from its storage – may only be processed with your consent or for the assertion, 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 European Union or a Member State.

SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send to us as the site operator. You can recognise 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.

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

4. Data collection on this website

Cookies

Our Internet pages use so-called “cookies”. Cookies are small data packets and do not cause any damage to your device. They are stored on your device either temporarily for the duration of a session (session cookies) or permanently (permanent cookies). Session cookies are automatically deleted at the end of your visit. Persistent cookies remain stored on your device until you delete them yourself or your web browser automatically deletes them.

Cookies may originate from us (first-party cookies) or from third-party companies (so-called third-party cookies).  Third-party cookies enable the integration of certain services from third-party companies within websites (e.g. cookies for processing payment services).

Cookies have various functions. Numerous cookies are technically necessary, as certain website functions would not work without them (e.g. the shopping basket function or the display of videos). Other cookies may be used to evaluate user behaviour or for advertising purposes.

Cookies that are required to carry out the electronic communication process, to provide certain functions you have requested (e.g. for the shopping basket function) or to optimise the website (e.g. cookies for measuring the web audience) are stored on the basis of Art. 6 para. 1 lit. f GDPR, unless another legal basis is specified. The website operator has a legitimate interest in storing necessary cookies to ensure the technically error-free and optimised provision of its services. If consent to the storage of cookies and similar recognition technologies has been requested, processing will be carried out exclusively on the basis of this consent (Art. 6(1)(a) GDPR and Section 25(1) TDDDG); consent may be revoked at any time.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general, and activate the automatic deletion of cookies when closing the browser. Deactivating cookies may limit the functionality of this website.

You can find out which cookies and services are used on this website in this privacy policy.

5. Plugins and tools

YouTube with enhanced data protection

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

When you visit one of these websites on which YouTube is integrated, a connection to the YouTube servers is established. This informs the YouTube server which of our pages you have visited. If you are logged into your YouTube account, you enable YouTube to associate your browsing behaviour directly with your personal profile. You can prevent this by logging out of your YouTube account.

We use YouTube in extended privacy mode. According to YouTube, videos played in enhanced privacy mode are not used to personalise browsing on YouTube. Advertisements displayed in enhanced privacy mode are also not personalised. No cookies are set in extended privacy mode. Instead, however, so-called local storage elements are stored in the user’s browser, which, similar to cookies, contain personal data and can be used for recognition purposes. Details on the enhanced privacy mode can be found here: https://support.google.com/youtube/answer/171780.

If applicable, further data processing operations may be triggered after a YouTube video has been activated, over which we have no influence.

YouTube is used in the interest of presenting our online offerings in an appealing manner. This constitutes a legitimate interest as defined in Article 6(1)(f) of the GDPR. If consent has been requested, processing will be carried out exclusively on the basis of Art. 6(1)(a) GDPR and Section 25(1) TDDDG, (Telecommunications, Digital Services and Data Protection Act) insofar as the consent covers the storage of cookies or access to information on the user’s terminal device (e.g. device fingerprinting) as defined in the TDDDG. Consent may be revoked at any time.

Further information about data protection at YouTube can be found in their privacy policy at: https://policies.google.com/privacy?hl=de.

The company is certified under the EU-US Data Privacy Framework (DPF). The DPF is an agreement between the European Union and the United States that aims to ensure compliance with European data protection standards when data is processed in the United States. Every company certified by the DPF undertakes to comply with these data protection standards. Further information on this can be obtained from the provider at the following link: https://www.dataprivacyframework.gov/participant/5780.

Google Fonts (local hosting)

This site uses Google Fonts, which are provided by Google, to ensure consistent font display. The Google Fonts are installed locally. No connection to Google servers is established during this process.

Further information about Google Fonts can be found at https://developers.google.com/fonts/faq and in Google’s privacy policy: https://policies.google.com/privacy?hl=de.

OpenStreetMap

We use the map service provided by OpenStreetMap (OSM).

We integrate map data from OpenStreetMap on the OpenStreetMap Foundation server, St John’s Innovation Centre, Cowley Road, Cambridge, CB4 0WS, United Kingdom. The United Kingdom is considered a safe third country in terms of data protection law. This means that the United Kingdom has a level of data protection that is equivalent to that in the European Union. When using OpenStreetMap maps, a connection is established to the servers of the OpenStreetMap Foundation. In doing so, your IP address and other information about your behaviour on this website may be forwarded to the OSMF. OpenStreetMap may store cookies in your browser or use similar recognition technologies for this purpose.

OpenStreetMap is used in the interest of an appealing presentation of our online offerings and to make it easy to find the locations we have indicated on the website. This constitutes a legitimate interest as defined in Article 6(1)(f) of the GDPR. If consent has been requested, processing will be carried out exclusively on the basis of Art. 6(1)(a) GDPR and Section 25(1) TDDDG, (Telecommunications, Digital Services and Data Protection Act) insofar as the consent covers the storage of cookies or access to information on the user’s terminal device (e.g. device fingerprinting) as defined in the TDDDG. Consent may be revoked at any time.

Source: https://www.e-recht24.de