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Privacy Policy BESTEC GmbH

Data protection is of particularly high priority for the management at Bestec GmbH. The use of Bestec GmbH website is possible without indicating personal data. However, if a data subject wants to use special enterprise services via Bestec website, processing of personal data could become necessary. If this is the case and there is no statutory basis for such processing, Bestec GmbH generally obtains consent from the data subject.

The processing of personal data, such as name, address, e-mail address or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations applicable to Bestec GmbH. By means of this data protection declaration, Bestec GmbH would like to inform the general public of the nature, scope and purpose of the collection, the use and the processing of personal data. Furthermore, data subjects are informed about their legal entitlements by means of this data protection declaration. As data controller, Bestec GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone or mail.

1. Name and address of the data controller

The data controller within the meaning of the General Data Protection Regulation (GDPR) and other data protection laws applicable in the Member States of the European Union as well as other data protection regulations is:

Bestec GmbH
Am Studio 2b
12489 Berlin
Deutschland
Phone: +49 30 6709920
E-mail:
www.bestec.de

2. Data Protection Officer

If you have any questions regarding Bestec GmbH data protection, please directly contact our Data Protection Officer:

Phone: +49 30 6709920
E-mail:

3. Use of cookies

Bestec GmbH website uses session cookies. A session cookie is a text file which will be send by the server and which will be stored temporarily on the hard disc during the usage of the website. This file contains a session-ID for the identification of different enquiries of your browser within one session. With this feature, your computer can be recognized when calling Bestec GmbH website again. The cookies will be deleted after closing your web browser on your computer.

Bestec GmbH website is also using persistent cookies – text files stored permanently on the data subject’s computer which allows the enterprise to identify this computer during the next visit. These cookies have a lifetime from 1 month to 10 years and will be deleted after that time frame. Those cookies (Art 6 (1) P. 1 f) GDPR) allow Bestec GmbH to present its portfolio more user friendly, more efficient and safe. Information on the website can be adapted to your special interest. The following data will be stored within the cookies:

  • used search words;
  • information about number of invocations of the site as well as the usage of single functions.

When activating cookies an identification number will be generated. There is no assignment of your personal data to the identification number. No name, IP address or similar data will be stored in the cookie. Therefore, no identification is possible. Based on the cookie technique Bestec GmbH only gets pseudonymized information, e.g., which pages are used and which products are looked at.

You can configure your browser to get information about cookie settings. You can decide about the acceptance of cookies in general or for each session. With general blocking of cookies, the functionality of Bestec GmbH website could be reduced.

4. Collection of general data and information

The Bestec GmbH website collects a series of general data and information when a data subject or automated system calls up the website. This general data and information is stored in server log files. Collected data and information may be:

  • the browser type and version used;
  • the operating system used by the accessing system;
  • the website from which an accessing system reaches our website (so-called referrers)
  • the sub-websites;
  • date and time of access;
  • the Internet protocol address (IP address);
  • the Internet service provider of the accessing system;
  • any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, Bestec GmbH does not draw any conclusions about the data subject. This information is needed to:

  • deliver the content of our website correctly;
  • optimize the content of our website as well as its advertisement;
  • ensure the long-term viability of our information technology systems and website technology;
  • provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack.

Therefore, Bestec GmbH analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of the enterprise and to ensure an optimal level of protection for the personal data are processed. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

5. Registration on our website

The data subject has the possibility to register on the website of the data controller with the indication of personal data. Which personal data is transmitted to the data controller is determined by the respective input mask used for the registration. The personal data entered by the data subject is collected and stored exclusively for internal use by the data controller, and for his own purposes. The data controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the data controller. Legal basis is Art. 6 (1) P. 1 f) GDPR.

By registering on the website of the data controller, the IP address, which is assigned by the Internet service provider (ISP) and used by the data subject, date and time of the registration are also stored. The storage of this data happens to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Therefore, the storage of this data is necessary to secure the data controller. This data is not passed to third parties unless there is a statutory obligation to pass the data, or if the transfer serves the aim of criminal prosecution.

The registration of the data subject, with the voluntary indication of personal data, is intended to enable the data controller to offer the data subject content or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data storage of the data controller.

The data controller shall, at any time, provide information upon request to each data subject as to what personal data is stored about the data subject. In addition, the data controller shall correct or erase personal data at request or indication of the data subject, insofar as there are no statutory storage obligations. A Data Protection Officer particularly designated in this data protection declaration, as well as the entirety of the data controller’s employees are available to the data subject in this respect as contact persons.

6. Contact possibility via the website

The website of Bestec GmbH contains information that enables a quick electronic contact to the enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the data controller by e-mail or via contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller is stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties. Legal basis is Art. 6 (1) P. 1 f) GDPR.

7. Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the data controller is subject to. If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

8. Web analysis by Google Analytics

The Bestec GmbH website uses the „Google Analytics“ service, which is provided by Google Inc. (1600 Amphitheater Parkway, Mountain View, CA 94043, USA) for analysis of website usage by users. The service uses cookies – text files that are stored on the data subject’s terminal.

The data subject has the option of preventing the storage of cookies on his or her device by making appropriate browser settings. It is not guaranteed that the data subject can have unrestricted access to all the functionality of Bestec GmbH website if the browser does not allow cookies.

The data subject can use a browser plug-in to prevent the information collected by cookies (including the IP address) from being sent to Google Inc. and used by Google Inc. The following link leads to the corresponding plugin: https://tools.google.com/dlpage/gaoptout?hl=en

Further information on data use by Google Inc. can be found here: https://support.google.com/analytics/answer/6004245?hl=en

9. Rights of the data subject

a) Right of confirmation

Each data subject shall have the right granted by the European legislator to obtain from the data controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact our Data Protection Officer or another employee of the data controller.

b) Right of access

Each data subject shall have the right granted by the European legislator to obtain from the data controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

  • the purposes of the processing;
  • the categories of personal data concerned;
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  • the existence of the right to request from the data controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
  • the existence of the right to lodge a complaint with a supervisory authority;
  • where the personal data are not collected from the data subject, any available information as to their source;
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, the data subject shall have the right to obtain information as to whether personal data is transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to avail himself of this right of access, he or she may at any time contact our Data Protection Officer or another employee of the data controller.

c) Right to rectification

Each data subject shall have the right granted by the European legislator to obtain from the data controller, without undue delay, the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact our Data Protection Officer or another employee of the data controller.

d) Right to erasure (right to be forgotten)

Each data subject shall have the right granted by the European legislator to obtain from the data controller the erasure of personal data concerning him or her without undue delay, and the data controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

  • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  • The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
  • The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
  • The personal data have been unlawfully processed.
  • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the data controller is subject.
  • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned reasons applies and a data subject wishes to request the erasure of personal data stored by the Bestec GmbH, he or she may at any time contact the Data Protection Officer or another employee of the data controller. The Data Protection Officer of the Bestec GmbH or another employee shall promptly ensure that the erasure request is complied with immediately.

Where the data controller has made personal data public and is obliged pursuant to Article 17(1) of the GDPR to erase the personal data, the data controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other data controllers processing the personal data that the data subject has requested erasure by such data controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The Data Protection Officer of the Bestec GmbH or another employee will arrange the necessary measures in individual cases.

e) Right of restriction of processing

Each data subject shall have the right granted by the European legislator to obtain from the data controller restriction of processing where one of the following applies:

  • The accuracy of the personal data is contested by the data subject, for a period enabling the data controller to verify the accuracy of the personal data.
  • The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
  • The data controller no longer needs the personal data for the purposes of processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.
  • The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the data controller override those of the data subject.

If one of the aforementioned conditions is met and a data subject wishes to request the restriction of the processing of personal data stored by the Bestec GmbH, he or she may at any time contact our Data Protection Officer or another employee of the data controller. The Data Protection Officer of the Bestec GmbH or another employee will arrange the restriction of the processing.

f) Right to data portability

Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a data controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another data controller without hindrance from the data controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller.

Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one data controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may at any time contact the Data Protection Officer designated by Bestec GmbH or another employee.

g) Right to object

Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, tthe processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

Bestec GmbH shall no longer process the personal data in the event of the objection, unless it can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.

If Bestec GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time the processing of personal data concerning him or her for such marketing purposes. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects the processing of data for direct marketing purposes, the Bestec GmbH will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Bestec GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may directly contact the Data Protection Officer of Bestec GmbH or another employee. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

h) Right to withdraw data protection consent

Each data subject shall have the right granted by the European legislator to withdraw his or her consent to process his or her personal data at any time. If the data subject wishes to exercise the right to withdraw the consent, he or she may at any time directly contact the Data Protection Officer of the Bestec GmbH or another employee of the data controller.

I) Right to appeal at surveillance authority

Each data subject shall have the right to appeal at a surveillance authority in the country of her or his working place, the town or place of residence where the data mismatch happens and the subject feels certain that the processing of personal data is unlawful. The local authority for Bestec GmbH is:

Berliner Beauftragte für Datenschutz und Informationsfreiheit
Friedrichstr. 219
10969 Berlin
Phone: +49 30 138890
Fax: +49 30 2155050
E-mail:

10. Data protection for applications and the application procedures

The data controller shall collect and process the personal data of applicants for the purpose of processing the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the data controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the data controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the data controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG). In the case of an application by e-mail, the detailed privacy policy of Bestec GmbH will be sent to you. The legal basis for this processing is §26 (1) BDSG-“neu” (Federal Data Protection Act).

11. Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which Bestec GmbH obtain sconsent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning Bestec GmbH products or services. Is Bestec GmbH subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the 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 a visitor was injured at Bestec GmbH and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by Bestec GmbH or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the data controller (Recital 47 Sentence 2 GDPR).

12. The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1) lit. f GDPR Bestec GmbH legitimate interest is to carry out its business in favor of the well-being of all our employees and the shareholders.

13. Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

14. Provision of personal data as statutory or contractual requirement. Requirement necessary to enter into a contract. Obligation of the data subject to provide the personal data. Possible consequences of failure to provide such data

Bestec GmbH clarifies that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide Bestec GmbH with personal data when the enterprise signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact the Data Protection Officer of Bestec GmbH. The Data Protection Officer clarifies whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

15. Existence of automated decision-making

As a responsible company, Bestec GmbH does not use automatic decision-making or profiling.