Privacy Policy

1. Introduction

We would like to use the information below to provide you “data subject” with an overview of our processing of your personal data and your rights under data protection law. It is generally possible to use our website without entering personal data. However, if you wish to make use of special services offered by our company through our website, it may be necessary to process personal data. If it is necessary to process personal data and there is no legal basis for such processing, we will generally obtain your consent.

Personal data, such as your name, address or email address, is always processed in accordance with the EU General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations applicable to the “BE-terna GmbH”. The aim of this Privacy Notice is to inform you about the scope and purpose of the personal data we collect, use and process.

As the data controller, we have implemented numerous technical and organisational measures to ensure the most complete possible protection of the personal data processed via this website. Nevertheless, Internet-based data transmissions can in principle have security gaps so that absolute protection cannot be guaranteed. For this reason, you are free to submit personal data on alternative ways, such as by phone or by post to us.

2. Data Controller

The data controller, as defined by the GDPR, is:

BE-terna GmbH

Grabenweg 3a, 6020 Innsbruck, Austria

Email: info@be-terna.com  

For processing activities for customers, applicants or suppliers may be the respective national companies. The contact details for this can be found in our Impressum.

3. Data protection officer

You can reach the data protection officer as follows:

Michael Weinmann

Phone: +49 173 763 29 62

Email: michael.weinmann@dsb-office.de  

 

You may contact our data protection officer directly at any time if you have any questions or suggestions regarding data protection.

4. Definitions

 

5. Legal basis for processing

Article 6 Paragraph 1(a) GDPR serves as our company’s legal basis for processing operations in which we obtain consent for a specific processing purpose.

If the processing of personal data is necessary for the performance of a contract to which you are a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or consideration, processing is based on Article 6 Paragraph 1(b) GDPR. The same applies to those processing operations required to carry out pre-contractual measures, such as in cases of queries regarding our products or services.

If our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfilment of tax obligations, processing is based on Article 6 Paragraph 1(c) GDPR.

In rare cases, processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if someone visiting our business were to be injured and their name, age, health insurance data or other vital information needed to be disclosed to a doctor, hospital or other third party. Processing would then be based on Article 6 Paragraph 1(d) GDPR.

Finally, processing operations could be based on Article 6 Paragraph 1(f) GDPR. Processing operations not based on any of the above-mentioned legal bases may be carried out on the basis of Article 6 Paragraph 1(f) GDPR if processing is necessary to safeguard the legitimate interests of our company or those of a third party, provided the interests and fundamental rights and freedoms of the data subject do not take precedence. We are permitted to engage in such processing operations in particular because they have been specifically mentioned in European law. In this respect, the legislature took the view that a legitimate interest could be assumed if you are a customer of our company (Recital 47 Sentence 2 GDPR).

 

6. Technology

 

6.1 SSL/TLS encryption

This site uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login details or contact requests that you send to us as the website operator. You can recognise an encrypted connection by your browser’s address bar reading “https://” instead of “http://” and the lock symbol in the browser bar.

We use this technology to protect your transmitted data.

6.2 Data collection when visiting the website

If you only use our website for informational purposes, i.e. if you do not register or otherwise provide us with information, we only collect the data your browser sends our server (in what is known as “server log files”). Our website collects a range of general data and information each time you access a website or an automated system. This general data and information is stored in the server’s log files. It may be collected.

 

1. the browser types and versions used,
2. the operating system used by the accessing system,
3. the website from which an accessing system accesses our website (called a referrer),
4. the sub-pages accessed via an accessing system on our website,
5. the date and time the website is accessed,
6. an internet protocol address (IP address) and
7. the accessing system’s internet service provider.

 

No conclusions are drawn about you when using this general data and information. Instead, this information is needed to

 

1. properly deliver our website content,

2. to optimise the content of the website as well as to advertise it,

3. to ensure the continued functioning of our information technology systems and our website’s technology as well as to

4. provide the information necessary for law enforcement authorities to prosecute in the event of a cyber-attack.

 

This collected data and information is therefore statistically analysed and further analysed by us with the aim of increasing data protection and data security within our company to ultimately ensure an optimum level of protection for the personal data being processed by us. The data from the server log files is stored separately from all personal data provided by a data subject.

The legal basis for data processing is Article 6 Paragraph 1 Sentence 1(f) GDPR. Our legitimate interest is based on the purposes listed above for the collection of data.

6.3 Data collection when visiting the website

If you only use our website for informational purposes, i.e. if you do not register or otherwise provide us with information, we only collect the data your browser sends our server (in what is known as “server log files”). Our website collects a range of general data and information each time you access a website or an automated system. This general data and information is stored in the server’s log files. It may be colltected

1. the types and versions used,
2. the operating system used by the accessing system,
3. the website from which an accessing system accesses our website (called a referrer),
4. the sub-pages accessed via an accessing system on our website,
5. the date and time the website is accessed,
6. a truncated internet protocol address (anonymised IP address) and
7. the accessing system’s internet service provider.

 

No conclusions are drawn about you when using this general data and information. Instead, this information is needed

 

1. to properly deliver our website content,
2. to optimise the content of our website as well as to advertise it,
3. to ensure the continued functioning of our IT systems and our website’s technology
4. as well as to provide the information necessary for law enforcement authorities to prosecute in the event of a cyber attack.

 

This collected data and information is therefore statistically analysed and further analysed by us with the aim of increasing data protection and data security within our company to ultimately ensure an optimum level of protection for the personal data being processed by us. The anonymous data from the server log files is stored separately from all personal data provided by a data subject.

 

The legal basis for data processing is Article 6 Paragraph 1 Sentence 1(f) GDPR. Our legitimate interest is based on the purposes listed above for the collection of data.

 

7. Cookies

7.1 General information about cookies

We use cookies on our website. Cookies are small files that are automatically created by your browser and stored on your IT system (laptop, tablet, smartphone, etc.) when you visit our website.

Information generated from the specific device used is stored in cookies. This does not mean, however, that we will gain immediate knowledge of your identity.

The use of cookies helps us make it more convenient for you to use our website. For example, we use session cookies to detect whether you have already visited individual pages on our website. These are erased automatically when you leave our website.

We also use temporary cookies to optimise user-friendliness. These cookies are stored on your device for a specific period of time. If you return to our website to use our services, cookies allow us to automatically recognise that you have visited our website previously and remember the inputs and settings you have made so that you do not have to enter them again.

We also use cookies to statistically record the use of our website and analyse it for the purpose of optimising our services. These cookies allow us to automatically recognise that you have already visited our website when you visit our website again. These cookies are automatically erased after a defined period of time.

7.2 Legal basis for the use of cookies

The data processed by cookies, which are required for the proper functioning of the website, are to safeguard our legitimate interests pursuant to Article 6 Paragraph 1 Sentence 1(f) GDPR.

For all other cookies you have given your consent to this through our opt-in cookie banner in accordance with Article 6 Paragraph 1(a) GDPR.

 

8. Contents of our website

8.1 Contact/contact form

Personal data is collected when you contact us (e.g. using our contact form or by email). If you use a contact form to get in touch with us, the contact form you use will indicate the data being collected. This data is stored and used exclusively for the purpose of responding to your query or establishing contact and the associated technical administration. The legal basis for data processing is our legitimate interest in responding to your request pursuant to Article 6 Paragraph 1(f)f GDPR. If the aim of you contacting us is to conclude a contract, processing is also legally based on Article 6 Paragraph 1(b) GDPR. Your data will be erased once we have finished processing your query. This is the case when it can be inferred from the circumstances that the relevant facts have been clarified in a conclusive manner and there are no statutory retention obligations in place that prevent its erasure.

8.2 Application management/job exchange

We collect and process the personal data of applicants for the purpose of carrying out the application process. Processing may also be carried out electronically. This is particularly the case if an applicant submits corresponding application documents to us electronically, for example by email or via a web form on the website. If we conclude an employment contract with an applicant, the data transmitted will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If we do not conclude an employment contract with the applicant, the application documents will be automatically erased two (2) months after notification of the rejection decision, provided that no other legitimate interests of ours prevent their erasure. Other legitimate interests in this context include, for example, the duty to provide evidence in proceedings under the German Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz [AGG]).

Legal basis for the processing of the data is Article 88 GDPR, § 26 I BDSG

8.3 Facebook Connect

If you have a Facebook profile, you can register on our website to create a customer account or to register using the “Facebook Connect” social plugin run by the Facebook social network, which is operated by Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA (“Facebook”), using what is known as Single Sign-On technology. You can recognise the “Facebook Connect” social plugins on our website by the blue button with the Facebook logo and the inscription “Register with Facebook” or “Connect with Facebook” or “Log in with Facebook” or “Sign in with Facebook”.

When you visit a page of our website that contains a social plugin, your browser makes a direct connection to the Facebook servers. The content of the plugin is transferred from Facebook directly to your browser, which then embeds it into the website. Through the integrated plugin, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook profile or are not currently logged in to Facebook. This information (including your IP address) is transmitted by your browser directly to a Facebook server in the US and stored there. These data processing operations are carried out in accordance with Article 6 Paragraph 1(f) GDPR on the basis of Facebook’s legitimate interest in the displaying of personalised advertising on the basis of browsing behaviour.

By using the “Facebook Connect” button on our website, you can also log in or register on our website using your Facebook user data. Depending on your personal data protection settings on Facebook, we will only receive general information that is publicly accessible and stored in your profile when you use Facebook’s “Facebook Connect” button if you give your express consent in accordance with Article 6 Paragraph 1(a) GDPR prior to the registration process on the basis of a corresponding notification on the exchange of data with Facebook. This information includes your user ID, name, profile picture, age and gender.

We would like to point out that changes to Facebook’s privacy policy and terms of use may also result in the transfer of your profile pictures, your friends’ user IDs and friends list if these have been marked as “public” in your Facebook privacy settings. We will store and process the data transmitted by Facebook to create a user account with the necessary data, provided you have approved this on Facebook (title, first name, surname, address details, country, email address, date of birth). Conversely, based on your consent, data (e.g. information on your surfing or purchasing behaviour) may be transferred from us to your Facebook profile.

You may revoke your consent at any time by sending a message to the data controller specified at the beginning of this Privacy Notice.

Please see Facebook’s privacy policies for the purpose and scope of data collection and the further processing and use of data by Facebook, as well as your rights and settings options for protecting your privacy: https://www.facebook.com/policy.php 

If you do not wish Facebook to associate any data collected via our website with your Facebook profile, you should log out of Facebook before you visit our website. You can also completely avoid loading the Facebook plugin with add-ons for your browser, for example using “Adblock Plus” (https://adblockplus.org/). 

 

9. Newsletters

9.1 Newsletter for regular customers

If you have provided us with your email address when purchasing goods or services, we reserve the right to send you regular emails with offers on products or services from our collection similar to those you have already purchased. We do not require your specific consent for such purposes as per article 7, paragraph 3 of the UWG (Unfair Competition Act). The sole basis for the data processing is our legitimate interest in personalised direct marketing in line with article 6, paragraph 1 lit. f GDPR. We will not send you any emails should you expressly object to the use of your email address for that purpose. You are entitled to object to the use of your email address for the aforementioned purpose at any time with immediate effect by notifying the data controllers listed in the opening of this statement. By taking this action, you will incur submission fees only in line with basic rates. After receipt of your objection, your email address will immediately be removed for marketing purposes.

9.2 Marketing newsletter

You can subscribe to our newsletter via our website. The input screen determines which personal data are shared with us when subscribing to the newsletter.

We use our newsletter to regularly communicate our offers to our customers and business partners. You can, therefore, only receive our company’s newsletter if

1. you have a valid email address and
2. have registered for the newsletter.

For legal reasons, as part of the double opt-in procedure a confirmation email will be sent to the email address you provided when registering for the newsletter. This confirmation email is sent to check if you are the holder of the email address and have authorised the newsletter.

When you register for the newsletter we also save the IP address used by your IT system at the time of registration, which is issued by your Internet Service Provider (ISP) as well as the date and time of registration. We must collect this data to investigate any (possible) misuse of your email address at a later stage and it is therefore lawful for the purposes of our security.

The personal data collected during registration are used solely for sending our newsletter. Furthermore, subscribers to the newsletter may receive information via email if this is required in order to administer the newsletter service for registration purposes, which may be the case if our newsletter is amended or technical circumstances change. Personal data collected for our newsletter service are not shared with third parties. You may terminate your subscription to our newsletter at any time. You can at any time withdraw your consent to the storage of the personal data you shared during registration. A link is provided in each newsletter to allow you to withdraw your consent. It is also possible to unsubscribe from our newsletter directly through the website or to contact us in another manner.

The legal basis for data processing for the purposes of sending a newsletter is article 6, paragraph 1 lit. a GDPR.

9.3 Newsletter tracking

Our newsletters contain what are known as tracking pixels. A tracking pixel is a miniature graphic embedded in emails sent in HTML format to enable the recording and analysis of log files. This allows for a statistical analysis of the success or failure of online marketing campaigns. The embedded tracking pixel allows the company to determine if and when an email was opened by you and what links you accessed in the email.

We store and analyse the personal data collected via the tracking pixel contained in the newsletters in order to optimise the sending of our newsletters and to adapt the content of future newsletters to even better suit your interests. This personal data will not be disclosed to third parties. Data subjects are entitled to revoke the relevant declaration of consent granted separately and submitted via the double opt-in procedure at any time. Once consent has been revoked, we erase this personal data. Unsubscribing from the newsletter will automatically be interpreted as revocation.

This kind of analysis is carried out in particular in accordance with Article 6 Paragraph 1(f) GDPR on the basis of our legitimate interests in displaying personalised advertising, market research and/or the design of our website commensurate to market needs.

9.4 Mailchimp

Our email newsletters are sent via the technical service provider The Rocket Science Group, LLC d/b/a MailChimp, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA (https://www.mailchimp.com/ ), to whom we forward the data you provided when registering for the newsletter. This disclosure is made in accordance with Article 6 Paragraph 1(f) GDPR and serves our legitimate interest in the use of an effective, secure and user-friendly newsletter system. Please note that your data is usually transferred to a MailChimp server in the US and stored there.

MailChimp uses this information to send and statistically analyse our newsletter on our behalf. For analysis purposes, the emails sent contain what are known as web beacons or tracking pixels, which are one-pixel image files stored on our website. This allows us to see whether a newsletter email has been opened and what links have been clicked. Technical information is also recorded (e.g. date and time of access, IP address, browser type and operating system). This data is exclusively collected on a pseudonymous basis and will not be linked to your other personal data. It is not possible to use the data collected to identify you. This data is used exclusively for the statistical analysis of newsletter campaigns. The results of these analyses can be used to better tailor future newsletters to the interests of recipients.

If you wish to object to the analysis of data for statistical evaluation purposes, you must unsubscribe from the newsletter.

The consent given by you can be withdrawn at any time. You can also prevent the processing at any time by unsubscribing from the newsletter. You can also prevent the storage of cookies by setting your web browser accordingly. Also, disabling Java Script in your web browser or installing a Java Script Blocker (such as https://noscript.net or https://www.ghostery.com) may prevent you from s toring and transferring personal information. We point out that through these measures may no longer all the features of our website are available.

Furthermore, MailChimp may use this data itself in accordance with Article 6 Paragraph 1(f) GDPR on the basis of its own legitimate interest in designing a service commensurate with market needs and optimising the service as well as for market research purposes in order to determine, for example, the countries from which newsletter recipients come. However, MailChimp does not use our newsletter recipients’ data to address them directly, nor does it disclose their data to third parties.

To protect your data in the US, we have concluded a data processing agreement (“Data Processing Agreement”) with MailChimp based on the standard contractual clauses of the European Commission to enable the transfer of your personal data to MailChimp. If interested, this Data Processing Agreement is available online at the following link: https://mailchimp.com/legal/forms/data-processing-agreement/ .

You can view MailChimp’s privacy policy here: https://mailchimp.com/legal/privacy/ 

 

10. Our activities in social networks

To allow us to communicate with you on social networks and inform you about our services, we run our own pages on these social networks. If you visit one of our social media pages, we and the provider of the social media network are joint controllers (Art. 26 GDPR) regarding to the processing operations triggered thereby, which concern personal data.

We are not the original provider of these pages, but only use them within the scope of the options offered to us by the respective providers

We would therefore like to point out as a precautionary measure that your data may also be processed outside of the European Union or the European Economic Area. Use of these networks may therefore involve data protection risks for you since the protection of your rights may be difficult, e.g. your rights to information, erasure, objection, etc. Processing on social networks frequently takes place directly for advertising purposes or for the analysis of user behaviour by network providers, and we have no control over this. If the provider creates user profiles, cookies are often used or user behaviour may be assigned directly to your own member profile on the respective social network (if you are logged in).

The processing operations of personal data described are carried out in accordance with Article 6 Paragraph 1(f) GDPR on the basis of our legitimate interests and the legitimate interests of the respective provider in order to communicate with you in a timely manner or to inform you about our services. If you have to grant your consent to the respective providers to process your data as a user, the legal basis for this processing is Article 6 Paragraph 1(a) GDPR in conjunction with Article 7 GDPR.

Since we have no access to these providers’ databases, we would like to point out that you would be best placed to exercise your rights (e.g. to information, rectification, erasure, etc.) directly with the respective provider. More information on the processing of your data on social networks and your options for exercising your right to object or your right of revocation (opt out) is listed below for each of the social network providers we use:

10.1 Facebook

(Jointly) Data controller responsible for data processing in Europe:

Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland

 

Privacy Notice (Data Policy):https://www.facebook.com/about/privacy 

 

Opt-out and advertising settings:https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen 

 

https://facebook.com/about/privacy/ 

 

10.2 Instagram

(Jointly) Data controller responsible for data processing in Europe:

Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland

 

Privacy Notice (Data Policy):

http://instagram.com/legal/privacy/ 

 

Opt-out and advertising settings:

https://www.instagram.com/accounts/privacy_and_security/ 

 

10.3 LinkedIn

(Jointly) Data controller responsible for data processing in Europe:

LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland

 

Privacy Notice:

https://www.linkedin.com/legal/privacy-policy 

 

Opt-out and advertising settings:

https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out 

 

10.4 YouTube

(Jointly) Controller responsible for data processing in Europe:

Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland

 

Privacy Notice:https://policies.google.com/privacy 

 

Opt-out and advertising settings:

https://adssettings.google.com/authenticated 

 

10.5 XING

(Jointly) Data controller responsible for data processing in Germany:

XING AG, Dammtorstrasse 30, 20354 Hamburg, Germany

 

Privacy Notice:

https://privacy.xing.com/de/datenschutzerklaerung 

 

Requests for information for XING members:

https://www.xing.com/settings/privacy/data/disclosure 

 

11. Web analytics

11.1 Facebook Pixel (custom audience)

This website uses “Facebook Pixel” by Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA (“Facebook”). If explicit consent is given, it may be used to track the behaviour of users after they have seen or clicked on a Facebook ad. This process is used to analyse the effectiveness of Facebook advertisements for statistical and market research purposes and can help to optimise future advertising measures.

 

The data collected is anonymous for us and does not give us any information about the identity of the user. However, the data is stored and processed by Facebook, which means that it is possible to connect the respective user profile. Furthermore, Facebook may use the data for its own advertising purposes in accordance with the Facebook Data Policy (https://www.facebook.com/about/privacy/ ). You can enable Facebook and its affiliates to operate ads on and off Facebook. A cookie may also be stored on your computer for these purposes. These processing operations only take place if express consent is granted in accordance with Article 6 Paragraph 1(a) GDPR.

 

Consent to the use of Facebook Pixel may only be given by users who are older than 13 years of age. If you are under the age stated above, please ask your parent or guardian for permission.

 

To deactivate the use of cookies on your IT system, you can adjust your browser’s settings so that cookies can no longer be stored on your IT system in future or so that cookies that have already been stored are erased. However, disabling all cookies may mean you may no longer have access to certain functions on our website. You may also disable the use of cookies by third parties such as Facebook on the Digital Advertising Alliance website below: https://www.aboutads.info/choices/ 

 

In addition, you can disable cookies for distance measurement and advertising purposes on the following websites:

 

1. http://optout.networkadvertising.org/ 
2. http://www.youronlinechoices.com/uk/your-ad-choices/ 

 

Please note that this setting will also be deleted if you delete your cookies.

 

11.2 Google Analytics

We use Google Analytics, a web analytics service provided by Google Ireland Limited (https://www.google.com/about/) (Gordon House, Barrow Stree t, Dublin 4, Ireland; hereinafter referred to as “Google”), on our website. As part of this, pseudonymised user profiles are created and cookies (see the section on “Cookies”) are used. The information generated by the cookie about your use of this website, such as your browser

 

1. browser type/version
2. operating system
3. referrer URL (website previously visited), host
4. name of the accessing computer (IP address) and
5. time of server request,

 

is transmitted to a Google server in the US and stored there. This information is used to evaluate your use of this website, to compile reports on the website activities, and to perform further services linked to website and internet use for market research purposes and to tailor the design of this website. This information may also be sent to third parties if this is legally required or if third parties process this data on behalf of Google. Under no circumstances will your IP address be associated with any other data. IP addresses are anonymised so that it is not possible to assign them to individuals (known as IP masking).

 

You may refuse the use of cookies by selecting the appropriate settings on your browser; however, we would point out that this may result in you not being able to use all the features of this website.

 

These processing operations only take place if express consent is granted in accordance with Article 6 Paragraph 1(a) GDPR.

 

You can also prevent the data generated by the cookie about your use of the website (including your IP address) from being sent to and processed by Google by downloading and installing the available browser add-on (https://tools.google.com/dlpage/gaoptout?hl=en ).

 

As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent Google Analytics from capturing data by clicking on the following link: Deactivate Google Analytics. This sets an opt-out cookie that prevents the future collection of your data when visiting this website. The opt-out cookie is only valid on this browser and only for our website and is stored on your device. If you erase the cookies stored for this browser, you will need to reset the opt-out cookie.

 

Additional information on data protection with respect to Google Analytics is available on the Google Analytics website in the help section (https://support.google.com/analytics/answer/6004245?hl=en). 

 

11.3 Google Analytics Remarketing

We have integrated services by Google Remarketing on this website. Google Remarketing is a Google Ads feature that enables a company to display advertisements to internet users who have previously visited the company’s website. Integrating Google Remarketing therefore allows a company to create user-based advertisements and consequently to display advertisements of interest to that particular internet user.

 

Google Remarketing services are operated by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

 

The purpose of Google Remarketing is to display advertisements that are relevant to your interests. Google Remarketing allows us to display advertisements that are tailored to the individual needs and interests of internet users through the Google advertising network or on other websites.

 

Google Remarketing places a cookie on your IT system. Setting cookies enables Google to recognise visitors to our website who subsequently visit websites that are also members of the Google advertising network. Every time you visit a website that has integrated Google Remarketing services, your browser automatically identifies itself to Google. As part of this technical process, Google obtains knowledge of personal data, such as your IP address or browsing behaviour, which Google uses, among other things, to display advertisements relevant to your interests.

 

Cookies are used to store personal information, such as the websites you visit. Each time you visit our website, this personal data, including your IP address, is transferred to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may disclose personal data collected through this technical process to third parties.

 

As stated above, you can prevent cookies being placed by our website at any time by adjusting your web browser’s settings to permanently refuse cookies. Adjusting the browser’s settings in this way would also prevent Google from placing a cookie on your IT system. In addition, a cookie already placed by Google Analytics can be deleted at any time through a web browser or other software programs.

 

You also have the option to object to Google’s interest-based advertising. To do this, you must visit www.google.com/settings/ads from each of the web browsers you use and adjust the settings there as desired.

 

These processing operations only take place if express consent is granted in accordance with Article 6 Paragraph 1(a) GDPR.

 

Additional information and Google’s privacy policy can be found at https://www.google.com/policies/privacy/. 

 

12. Advertising

12.1 Google Ads (formerly AdWords)

Our website uses the functions of Google Ads, which we use to advertise this website in Google’s search results as well as on third party websites. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). To this end, Google places a cookie on your device’s browser, which automatically uses a pseudonymous cookie ID and facilitates interest-based advertising on the basis of the websites you have visited.

 

These processing operations only take place if express consent is granted in accordance with Article 6 Paragraph 1(a) GDPR.

 

No further processing will take place unless you have consented to Google linking your internet and app browsing history to your Google account and using information from your Google account to personalise ads you view online. In this case, if you are logged in to Google during your visit to our website, Google will use your information in conjunction with Google Analytics data to create and define target audience lists for cross-device remarketing. Google will temporarily link your personal data with Google Analytics data in order to form target groups.

 

You can permanently disable the setting of cookies for ad preferences by downloading and installing the browser plug-in available from the following link: https://www.google.com/settings/ads/onweb/. 

 

Alternatively, you can contact the Digital Advertising Alliance at www.aboutads.info to find out about the setting of cookies and configure your settings. Finally, you can adjust your browser’s settings in such a way that you are informed about the use of cookies and you only permit the acceptance of cookies on an individual basis or in certain cases; alternatively you may adjust these settings to generally block cookies. Not accepting cookies may limit the functionality of our website.

 

More information and the privacy policy regarding advertising and Google can be found here: https://www.google.com/policies/technologies/ads/. 

 

12.2 Google Ads with conversion tracking

We have integrated Google Ads on this website. Google Ads is an internet advertising service that allows advertisers to run adverts in both Google and Google advertising network search engine results. Google Ads allows an advertiser to predefine keywords that will display an ad on Google’s search engine results only when the search engine retrieves a keyword-related search result. On the Google Network, ads are distributed to relevant websites using an automated algorithm and according to predefined keywords.

 

Google Ads is operated by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

 

The purpose of Google Ads is to promote our website by displaying interest-based advertising on third-party websites and in the search engine results of Google’s search engine and by displaying third-party ads on our website.

 

If you arrive on our website via a Google advert, what is known as a conversion cookie will be stored on your IT system by Google. A conversion cookie expires after 30 days and is not used to identify you. Provided the cookie has not expired, the conversion cookie is used to trace whether certain sub-pages, such as the shopping cart of an online shop system, were accessed on our website. The conversion cookie tells us and Google whether any revenues was generated by a user who arrived on our website via an Ads ad, i.e. if they completed or cancelled a purchase.

 

The data and information collected through the use of the conversion cookie is used by Google to provide visitor statistics for our website. We then use these visitor statistics to determine the total number of users who have been directed to us through Ads ads in order to determine the success or failure of each Ads ad and to optimise our Ads ads for the future. Neither our company nor any other Google Ads advertisers receive any information from Google that could identify you.

 

Conversion cookies are used to store personal information, such as the websites you visit. Each time someone visits our website, this personal data, including the IP address of the internet connection you are using, is sent to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may disclose personal data collected through this technical process to third parties.

 

You can prevent cookies being placed by our website at any time by adjusting your web browser’s settings to permanently refuse cookies. Adjusting the browser’s settings in this way would also prevent Google from placing a conversion cookie on your IT system. In addition, a cookie already placed by Google Ads can be deleted at any time through a web browser or other software programs.

 

You also have the option to object to Google’s interest-based advertising. To do this, you must visit www.google.com/settings/ads from each of the web browsers you use and adjust the settings there as desired.

 

These processing operations only take place if express consent is granted in accordance with Article 6 Paragraph 1(a) GDPR.

 

Additional information and Google’s privacy policy can be found at https://www.google.com/policies/privacy/. 

 

13. Plugins and other services

13.1 Google Maps

We use Google Maps (API) on our website, provided through Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Google Maps is a web service for displaying interactive maps to visually display geographic information. For example, by using this service, you can view our location and make it easier for you to reach us.

 

When you access sub-pages in which a Google Maps map is integrated, information about your use of our website (such as your IP address) is transferred to Google’s servers in the US and stored there. This occurs regardless of whether Google provides a user account that you are logged in to or whether you have no user account with them at all. When you are logged in to Google, your information will be directly associated with your account. If you do not want your profile associated with Google, you will need to log out of your Google account. Google stores your data (even for users who are not logged in) as usage profiles and analysis it. You have the right to object to the creation of these user profiles, and you must contact Google to exercise this right.

 

If you do not agree with the future transmission of your data to Google as part of your use of Google Maps, you have the option of completely deactivating the Google Maps web service by switching off the JavaScript application in your browser. You will then be unable to use Google Maps and therefore the map displayed on this website.

 

These processing operations only take place if express consent is granted in accordance with Article 6 Paragraph 1(a) GDPR.

 

The Google terms of use can be found at https://www.google.com/policies/terms/regional.html, and the additional Google Maps terms of use can b e found at https://www.google.com/help/terms_maps/. 

 

Detailed information on data protection with respect to the use of Google Maps is available on Google’s website (“Google Privacy Policy”): https://www.google.com/policies/privacy. 

 

13.2 Google Tag Manager

This website uses Google Tag Manager, a cookie-free domain that does not collect personally identifiable information.

 

With this tool, “website tags” (i.e. keywords that are integrated into HTML elements) can be implemented and managed via an interface. By using the Google Tag Manager, we can automatically track which button, link or customised image you have actively clicked and then record which content on our website is of particular interest to you.

 

The tool also triggers other tags that may themselves collect data. Google Tag Manager does not access this data. If you have disabled it at the domain or cookie level, it will remain in place for all tracking tags implemented with Google Tag Manager.

 

These processing operations only take place if express consent is granted in accordance with Article 6 Paragraph 1(a) GDPR.

 

13.3 YouTube (videos)

We have integrated YouTube components on this website. YouTube is an online video portal that allows video publishers to freely place video clips and allows other to view, rate and comment on videos free of charge. YouTube allows the publication of all types of videos. Both full film and television broadcasts as well as music videos, trailers and user-generated videos are available via the online portal.

 

YouTube is operated by YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

 

Each time a visitor opens an individual page of the website run by us and on which a YouTube component (YouTube video) is integrated, the YouTube component in question will trigger the browser on your IT system to download a representation of the corresponding YouTube component from YouTube. Additional information on YouTube can be found at https://www.youtube.com/yt/about/. As part of this technical process, YouTube and Google will receive information about the specific sub-page of our website you visit.

 

If the data subject is logged onto YouTube at the same time as they visit our website, YouTube identifies the specific sub-page of our website your visit when a sub-page containing a YouTube video is accessed. This information is collected through YouTube and Google and assigned to your YouTube account.

 

Through the YouTube component, YouTube and Google receive information that you have visited our website whenever you are logged in to YouTube at the same time as accessing our website, regardless of whether you click on a YouTube video or not. If you do not want this information transferred to YouTube and Google, you can prevent this by logging out of your YouTube account before visiting our website.

 

These processing operations only take place if express consent is granted in accordance with Article 6 Paragraph 1(a) GDPR.

 

YouTube’s privacy policy, available at https://www.google.com/intl/gb/policies/privacy/ , provides information on the collection, processing and use of personal data by YouTube and Google.

13.4 Microsoft Teams

We use the tool “Microsoft Teams” (“MS Teams”) to conduct our communication in written form (chat) as well as in the form of telephone conferences, online meetings and video conferences. The operating company of the service is Microsoft Ireland Operations (“Microsoft”), Ltd, 70 Sir John Rogerson’s Quay, Dublin, Ireland. Microsoft Ireland Operations, Ltd. is part of the Microsoft group of companies located at One Microsoft Way, Redmond, Washington, USA.

When using MS Teams, the following personal data is processed:

• Meetings, chats, voicemails, shared files, recordings and transcripts.
• Data that is shared about you. Examples include your email address, profile picture, and phone number.
• A detailed history of the phone calls you make.
• Call quality data.
• Support/feedback data Information related to troubleshooting tickets or feedback sent to Microsoft.
• Diagnostic and service data Diagnostic data related to service usage.

To enable the display of video and playback of audio, data is processed from your endpoint device microphone and from an endpoint device video camera for the duration of the meeting. You can turn off or mute the camera or microphone yourself at any time via the “Microsoft Teams” applications.

If a corresponding consent has been requested, the processing is based exclusively on Art. 6 (1) a) GDPR. In the context of an employee relationship, corresponding data processing takes place on the basis of state law regulations (e.g. § 26 BDSG). The legal basis for the use of “MS Teams” in the context of contractual relationships is Art. 6 para. 1 lit. b) GDPR. In all other cases, the legal basis for processing your personal data is Art. 6 para. 1 lit. f) GDPR. Here, our interest is in the effective conduct of online meetings.

If we record online meetings, we will inform you of this before we start and, where necessary, ask you to consent to the recording. If you do not wish to do so, you may leave the online meeting.

As a cloud-based service, “MS Teams” processes the aforementioned data as part of providing the service. To the extent that “MS-Teams” processes personal data in

connection with Microsoft’s legitimate business operations, Microsoft is an independent data controller for such use and, as such, is responsible for compliance with applicable laws and obligations of a data controller. To the extent you access the MS Teams website, Microsoft is the data controller. Accessing the Internet site is necessary to download the MS-Teams software.

If you do not wish to or are unable to download the software, the service can be provided through your browser and, to that extent, through Microsoft’s website.

This US company is certified under the EU-US Data Privacy Framework. There is hereby an adequacy decision pursuant to Art. 45 GDPR, so that a transfer of personal data may also take place without further guarantees or additional measures.

Detailed information on the subject of data protection at Microsoft, in connection with “MS Teams”, can be found at: https://docs.microsoft.com/de-de/microsoftteams/teams-privacy 

 

14. Customer/Supplier data

A. Processing of customers and supplier data

14.1 Type and purpose of processing:

We process personal data from our customers and suppliers as well as the individual contact persons at our customers/suppliers for the processing of customer orders and in the context of procurement processes. We store the data in our ERP system and use it in all processes of performance or procurement. Furthermore, we use the data for active contact in customer relations and for the support of suppliers including an internal supplier evaluation.

14.2 Legal basis:

In order to fulfil contractual obligations (Art. 6 sec. 1 letter.b GDPR) 

The processing of data takes place for the execution of our contract 

Due to legal requirements (Art. 6 sec. 1 letter.c GDPR) 

• We are subject to various legal obligations that result in data processing. These include e.B.:
• tax laws as well as statutory accounting
• Compliance with requests and requirements of supervisory or law enforcement authorities
• the fulfilment of tax control and reporting obligations

In addition, the disclosure of personal data may be necessary in the context of administrative/judicial measures for the purpose of gathering evidence, prosecuting or enforcing civil claims. 

In the context of the balance of interests (Art. 6 sec. 1 f GDPR) 

If necessary, we process your data beyond the actual performance of the contract in order to safeguard legitimate interests of us or third parties. Examples of such cases are: 

• Processing in the CRM system for active contact of customers
• Evaluation of suppliers
• Enforcement of legal claims and defense in legal disputes

14.3 Recipient:

Employees for contact with you and contractual cooperation (incl. the fulfilment of pre-contractual measures). Your data may be passed on to service providers who work for us as processors, e.B support or maintenance of IT applications or IT applications and data destruction. All service providers are contractually bound and, in particular, obliged to treat your data confidentially. 

Data is passed on to recipients outside our company only in compliance with the applicable data protection regulations. Recipients of personal data may be, for example.

B:

• Public authorities and institutions (e.g. financial or law enforcement authorities) in the event of a legal or regulatory obligation

• Credit and financial service providers (settlement of transactions)

• Tax consultants or business and payroll tax and auditors (statutory audit mandate)

14.4 Storage time:

We process and store your personal data as long as this is necessary for the fulfilment of our contractual and legal obligations. If the data is no longer required for the fulfilment of contractual or legal obligations, these are deleted regularly. 

Exceptions arise:

• to the extent that statutory retention obligations are to be fulfilled, e.g. Commercial Code (HGB) and Tax Code (AO). The retention or documentation periods laid down there are usually six to ten years;
• the preservation of evidence within the framework of the statutory limitation rules. Pursuant to Sections 195 ff of the Civil Code (BGB), these limitation periods can be up to 30 years, with a regular limitation period of 3 years.
• If necessary, more.

If the data processing is carried out in the legitimate interest of us or a third party, the personal data will be deleted as soon as this interest no longer exists. The above exceptions apply.

14.5 Third country transfer:

Your data will only be processed within the European Union and within the European Economic Area (EEA).

14.6 Withdrawal of consent:

You have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data concerning you on the basis of Article 6 (1) (f) GDPR (data processing based on a balance of interests); this also applies to profiling based on this provision within the meaning of Article 4(4) GDPR. 

If you object, we will no longer process your personal data unless we can prove compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims. 

14.7 Provision required or required:

Within the scope of the contractual relationship, you must provide the personal data necessary for the commencement, execution and termination of the contractual relationship and for the fulfilment of the associated contractual obligations or which we are legally obliged to collect. Without this data, we will generally not be able to enter into or execute the contract with you.

 

15. Data protection for applications and in the application process

15.1 Nature and purpose of processing:

The data controller collects and processes the personal data of applicants for the purpose of handling the application procedure. The processing may also be carried out electronically. This is the case, in particular, when an applicant submits relevant application documents to the controller by electronic means, for example, by e-mail or via a web form located on the website. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions.

15.2 Legal Basis:

For the fulfillment of contractual obligations (Art. 6 para. 1 letter b DSGVO) in conjunction with §26 BDSG. Data is processed for the preparation of an employment contract.

15.3 recipients:

Human Resources employees for contact with you and contractual cooperation (including the fulfillment of pre-contractual measures) as well as managers involved in the decision-making process. Your data may be passed on to service providers who act as order processors for us, e.g. support or maintenance of EDP or IT applications and data destruction. All service providers are contractually bound and in particular obliged to treat your data confidentially.

Data will only be passed on to recipients outside our company in compliance with the applicable data protection regulations.

15.4 storage period:

If the data controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted six months after notification of the rejection decision, provided that no other legitimate interests of the data controller oppose deletion. Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).

15.5 third country transfer:

Your data will only be processed within the European Union and states within the European Economic Area (EEA).

15.6 revocation of consent:

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(f) DSGVO (data processing on the basis of a balance of interests); this also applies to profiling based on this provision within the meaning of Article 4 No. 4 DSGVO.

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.

15.7 provision mandatory or required:

As part of the application process, you must provide those personal data that are required for the initiation, implementation and termination of the contractual relationship and for the fulfillment of the associated contractual obligations, or which we are required to collect by law. Without this data, we will generally not be able to consider you appropriately in the decision-making process for filling the position.

 

16. Data prcessing when obtaining downloadable materials such as whitepapers or webinar recordings

If you make use of the contents and services of our download offer, we will process your data for the purpose of fulfilling the contract in accordance with the terms of use valid at the time you accept the offer. As explained in the Terms of Use, we may use your data to contact you for sales purposes. For this purpose, we store your data in our database of interested parties. We process your data as per Art. 6 para. 1 b) for the performance of the contract. The pairing prohibition of Art. 4 No. 7 DSGVO is not affected here. Within the framework of private autonomy, BE-terna GmbH can decide against which performance it offers its services and the user can decide under which conditions they would like to receive these services.

Without providing your information, it is not possible to obtain the downloadable materials. You can revoke the declaration of intent at any time.

If further information is obtained in the course of contact, this will also be processed in our database and used for subsequent conversations or contacts. The legal basis for this is our legitimate interest in qualified prospects or customer support within the meaning of Art. 6 Para. 1 lit f DSGVO.

The data in our database of interested parties may be passed on to the company within the BE-terna group of companies responsible for the respective region. Data will only be passed on to third countries if the sales organisation responsible for the customer is based in a third country. If the provision of downloadable materials is sponsored by partner companies, for example Microsoft GmbH, we will pass on the details of the company to them. We process and store your personal data if this is necessary for the fulfillment of our contractual and legal obligations.

 

17. Your rights as a data subject

17.1 Right to confirmation

You have the right to request confirmation from us as to whether personal data relating to you will be processed.

 

17.2 Right to information (Article 15 GDPR)

You have the right to obtain information about the personal data stored about you at any time, free of charge, as well as the right to access a copy of such data from us, in accordance with the statutory provisions.

 

17.3 Right to rectification (Article 16 GDPR)

You have the right to request the immediate rectification of incorrect personal data relating to yourself. Furthermore, the data subject has the right to request the completion of incomplete personal data, taking into account the purposes of the processing.

 

17.4 Erasure (Article 17 GDPR)

You have the right to demand that we erase the personal data relating to you be deleted without delay, provided that one of the reasons provided by law applies and if processing or further storage is not required.

 

17.5 Restriction to processing (Article 18 GDPR)

You have the right to request that we restrict the processing of your data if one of the legal requirements is met.

 

17.6 Data transferability (Article 20 GDPR)

You have the right obtain personal data relating to you that you provided us in a structured, commonly used and machine-readable format. You also have the right to transfer this data to another controller without hindrance by us, to whom the personal data was provided, provided that the processing is based on the consent pursuant to Article 6 Paragraph 1(a) GDPR or Article 9 Paragraph 2(a) GDPR or on a contract pursuant to Article 6 Paragraph 1(b) GDPR, and the data are processed using automated procedures, unless processing is necessary to complete a task, is in the public interest or is carried out in the exercise of an official authority assigned to us.

 

Furthermore, when exercising your right to data transferability pursuant to Article 20 Paragraph 1 GDPR, you have the right to have personal data transferred directly from one controller to another, provided this is technically feasible and does not impede the rights and freedoms of other persons.

 

 

17.7 Objection (Article 21 GDPR)

You have the right to lodge an objection to the processing of personal data relating to you for reasons relating to your particular situation where this is done on the basis of Article 6 Paragraph 1(e) (data processing in the public interest) or (f) (data processing on the basis of the weighing of legitimate interests) GDPR.

 

This also applies to profiling based on these provisions pursuant to Article 4 Number 4 GDPR.

 

Should you lodge an objection, we will no longer process your personal data unless we can demonstrate compelling and legitimate reasons for such processing that outweigh your interests, rights and freedoms, or where processing serves the assertion, exercise or defence of legal claims.

 

In individual cases, we process your personal data for direct marketing purposes. You have the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling where this is connected to this kind of direct marketing. Should you object to the processing of your data for direct marketing purposes, we will no longer process your personal data for this purpose.

 

In addition, you have the right to object to our processing of your personal data for scientific or historical research purposes or for statistical purposes pursuant to Article 89 Paragraph 1 GDPR for reasons arising from your particular situation, unless such processing is necessary for the performance of a task in the public interest.

 

You are free to exercise your right to lodge an objection in relation to the use of information society services, Directive 2002/58/EC notwithstanding, by means of automated procedures using technical specifications.

 

 

17.8 Revocation of consent regarding data protection

You have the right to revoke any consent to the processing of personal data at any time with future effect.

 

17.9 Lodging a complaint with a supervisory authority

You have the right to complain to a supervisory authority responsible for data protection about our processing of personal data.

 

  

18. Version and amendments to the Privacy Notice

This Privacy Notice is currently valid and was last updated on March 2021.

It may be necessary for us to amend this Privacy Notice in the process of further developing our website and the services we offer through our website or due to changes in legal or regulatory requirements. You can view and print our current Privacy Notice on the website at any time by visiting “https://www.be-terna.com/de/rechtliches“. 

This privacy statement has been prepared with the assistance of the privacy software: https://www.audatis-manager.de/