Privacy Policy
I. Name and address of the controller
The controller for data processing on this website is:
BERKY GmbH
Wacholderweg 27
49733 Haren, Germany
Email: compliance@berky.de
II. General information about data processing
1. Scope of processing of personal data
In principle, we only process the personal data of our users to the extent necessary to provide a functional website and to deliver our content and services. The personal data of our users is normally only processed with the consent of the user. An exception applies in cases where it is not possible to obtain prior consent for practical reasons and the processing of the data is permitted by law.
2. Legal basis for the processing of personal data
Where we obtain the consent of the data subject for the purposes of processing personal data, Art. 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
Art. 6 (1) (b) GDPR serves as the legal basis for the processing of personal data that is necessary for the performance of a contract to which the data subject is a party. This also applies to processing operations that are necessary to carry out pre-contractual measures.
Where processing of personal data is necessary to comply with a legal requirement to which our company is subject, Art. 6 (1) (c) GDPR serves as the legal basis.
Where processing is necessary in order to safeguard the vital interests of the data subject or of another natural person, Art. 6 (1) (d) GDPR serves as the legal basis.
Where processing is necessary to safeguard a legitimate interest of our company or of a third party, and if the interests, fundamental rights and freedoms of the data subject do not outweigh that interest, Art. 6 (1) (f) GDPR serves as the legal basis for the processing.
3. Data erasure and storage period
The personal data of the data subject is erased or blocked as soon as the purpose for which it was stored no longer applies. Data may be stored beyond this period when this is provided for by European or national legislators in EU regulations, laws or other provisions to which the controller is subject. Data will also be blocked or erased if a storage period prescribed under the above-mentioned rules expires, unless it is necessary to continue storing the data for the conclusion or performance of a contract.
III. Other data processing
1. Log files
a. Description and scope of data processing
On each visit to our website, our system automatically collects data and information from the computer system used to access the site.
The following data is collected:
- Information about the browser type
- The user’s operating system
- The internet service provider
- The user’s IP address
- Date and time of access
- Browser language
- User’s location
The log files contain IP addresses or other data which, in principle, enable the information to be associated with a user.
This data is also stored in the log files of our system. The data is not stored together with other personal data of the user.
b. Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6 (1) (f) GDPR.
c. Purpose of data processing
It is necessary for the system to store the IP address temporarily to enable delivery of the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.
This also includes our legitimate interest in the data processing under Art. 6 (1) (f) GDPR.
d. Duration of storage
The data is erased as soon as it is no longer required for the purpose for which it was collected. With regard to data collected for the purpose of providing the website, this is the case when the respective session has ended. Any additional data will only be stored in exceptional circumstances. In all other cases, the users’ IP addresses are erased or masked in order to ensure that they cannot be associated with the client accessing the website.
e. Option to object and to delete data
The collection of data in order to make the website available and storage of the data in log files are essential for operation of the website. As a result, the user does not have the right to object to this.
2. Use of cookies
a. Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in or by the internet browser on the user’s computer system. When a user accesses a website, a cookie may be stored on the user’s operating system. This cookie contains a character string that enables the browser to be uniquely identified when the website is accessed again.
We use cookies to make our website more user-friendly. Some elements of our website require that the accessing browser can be identified even after a page change.
b. Legal basis for data processing
The legal basis for the processing of personal data using cookies is Art. 6 (1) (f) GDPR.
c. Purpose of data processing
The purpose of the use of cookies is to simplify the use of the website for the user. Some features of this website cannot be offered without the use of cookies. For this, it is necessary that the browser can be recognised even after a page change.
In this respect, our legitimate interest in such cases is derived from Art. 6 (1) (f) GDPR.
d. Duration of storage, option to object and to delete data
Cookies are stored on the user’s computer and sent from there to our website. As a user, you therefore have complete control over the use of cookies. By changing the settings in your internet browser, you can disable or restrict the transfer of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all of the website’s features to their full extent.
3. Google Analytics
We use Google Analytics to analyse website usage. The data obtained from this is used to optimise our website and advertising campaigns.
Google Analytics is provided to us by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland). Google processes the data relating to website usage on our behalf, and contractually undertakes to take steps to ensure the security and confidentiality of the processed data.
During your visit to the website, the data that is recorded includes the following:
- Pages accessed
- Achieving ‘website objectives’ (e.g. contact enquiries and newsletter registrations)
- Your actions on the pages
- Your approximate location (country and city)
- Your IP address
- Technical information such as browser, internet provider, terminal device and screen resolution
- Source of your visit (i.e. website or advertising medium from which you came to us)
Personal data such as name, address or contact details is not sent to Google Analytics.
All collected data is transferred to Google servers in the USA. Please note that the same level of data protection cannot be guaranteed in the USA as in the EU. Google Analytics stores cookies in your web browser for two years since your last visit. These cookies contain a randomly generated user ID that allows you to be recognised on future visits to the website.
The recorded data is stored together with the randomly generated user ID. This enables pseudonymous user profiles to be analysed and the data is deleted after the legally permissible storage period has expired.
Other data remains stored in aggregated form indefinitely.
If you do not agree to data being collected in this way, you can reject it through our cookie settings options.
4. Google reCAPTCHA
a. Description and scope of data processing
ReCAPTCHA collects personal data from users in order to determine whether the actions on our website do actually originate from humans.
This means that the IP address and other data that Google requires for the reCAPTCHA service may be sent to Google. Within the member states of the EU or other signatory states to the Agreement on the European Economic Area, IP addresses are almost always truncated before the data is transferred to a server in the USA. The IP address will not be combined with other Google data unless you are logged in to your Google account while using reCAPTCHA. First, the reCAPTCHA algorithm checks whether your browser already holds Google cookies from other Google services (YouTube, Gmail, etc.). Then reCAPTCHA sets an additional cookie in your browser and captures a snapshot of your browser window.
b. Legal basis for data processing
The legal basis for the processing of personal data using ReCaptcha is Art. 6 (1) (f) GDPR.
c. Purpose of data processing
his is a spam protection service designed to ensure that our website is used solely by humans.
d. Duration of storage
The recorded data is stored together with the randomly generated user ID. This enables pseudonymous user profiles to be analysed and the data is deleted after the legally permissible storage period has expired. More details can be found at:
Privacy Policy – Privacy Policy and Terms of Service – Google
e. Option to object and to delete data
If you do not agree to data being collected in this way, you can reject it through our cookie settings options, and request its deletion if it has already been collected.
5. Google Fonts
a. Description and scope of data processing
Google Fonts is a font visualisation service provided by Google Inc. that enables this website to include the relevant content in its pages.
b. Legal basis for data processing
The legal basis for the processing of personal data using Google Fonts is Art. 6 (1) (f) GDPR, unless express consent has been given to the use of this data (Art. 6 (1) (a) GDPR).
c. Purpose of data processing
Google Fonts allows users to view and interact with content hosted on external platforms directly from this website.
d. Duration of storage
The recorded data is stored together with the randomly generated user ID. This enables pseudonymous user profiles to be analysed and the data is deleted after the legally permissible storage period has expired.
e. Option to object and to delete data
If you do not agree to data being collected in this way, you can reject it through our cookie settings options, and request its deletion if it has already been collected.
For more information about Google Fonts, please visit: Privacy Policy.
6. YouTube
This website contains at least one plug-in from YouTube, belonging to Google Inc., based in San Bruno, California, USA.
When accessing the relevant pages, the IP address is therefore transferred, along with information on the website from which you were redirected to the YouTube page.
As soon as you then start playing an embedded video by clicking on it, YouTube with privacy-enhanced mode enabled will only store cookies on your device that do not contain any personally identifiable data, unless you are currently logged in to a Google service. These cookies can be prevented by the appropriate browser settings and extensions.
YouTube only uses cookies to collect information about user behaviour when the embedded video starts to play. Further information on data protection at YouTube can be found in the provider’s privacy policy at: https://policies.google.com/privacy?hl=en-GB
IV. Job application form
a. Description and scope of data processing
Data transferred via the contact/application form, including any other documents you send, will be stored and processed in order to deal with your job application.
b. Legal basis for data processing
The legal basis for processing the data entered in the job application form or the data transferred is Art. 6 (1) (a) GDPR.
c. Purpose of data processing
The data is processed exclusively for the purpose of dealing with the job application that you submit. This also results in the special interest in processing and storage as required on our part.
d. Duration of storage, option to object and to delete data
Data sent via the application form remains with us until you ask us to delete it, but at least until the need for storage no longer exists without a substitute arrangement being put in place, or you have revoked your consent to storage and no other authorisation is applicable.
V. Rights of the data subject
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:
1. Right of access to information
You may request confirmation from the controller as to whether or not personal data concerning you is being processed by us.
Where that is the case, you may request the following information from the controller:
(1) The purposes for which the personal data is processed;
(2) The categories of personal data that are processed;
(3) The recipients or categories of recipients to whom the personal data concerning you has been or will be disclosed;
(4) The envisaged period for which the personal data concerning you will be stored or, if specific information is not possible, the criteria used to determine the period of storage;
(5) The existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
(6) The existence of a right to lodge a complaint with a supervisory authority;
(7) Where the personal data was not collected from the data subject, any available information as to its source;
(8) The existence of automated decision-making, including profiling, referred to in Art. 22 (1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
You have the right to request information as to whether the personal data concerning you is being transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR relating to the transfer.
2. Right to rectification
You have the right to obtain from the controller the rectification and/or completion of inaccurate or incomplete personal data concerning you. The controller must make the rectification without undue delay.
3. Right to restriction of processing
You may request restriction of the processing of your personal data subject to the following conditions:
(1) If you contest the accuracy of the personal data concerning you, for a period enabling the controller to verify the accuracy of the personal data;
(2) The processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead;
(3) The controller no longer needs the personal data for the purposes of the processing, but you require it for the establishment, exercise or defence of legal claims, or
(4) You have objected to processing pursuant to Art. 21 (1) pending the verification whether the legitimate grounds of the controller override yours.
Where processing of your personal data has been restricted, such data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
If the restriction of processing has been restricted in accordance with the aforementioned conditions, you will be informed by the controller before the restriction is lifted.
4. Right to erasure
You may request the controller to erase the personal data concerning you without undue delay and the controller is obliged to erase such data without undue delay where one of the following grounds applies:
(1) The personal data concerning you is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
(2) You withdraw your consent on which the processing was based according to Art. 6 (1) (a) or Art. 9 (2) (a) GDPR and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.
(4) The personal data concerning you has been unlawfully processed.
(5) The personal data concerning you must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
(6) The personal data concerning you was collected in relation to the offer of information society services referred to in Art. 8 (1) GDPR.
There is no right to erasure to the extent that processing is necessary
(1) For exercising the right of freedom of expression and information;
(2) For compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) For reasons of public interest in the area of public health in accordance with Art. 9 (2) (h) and (i) and Art. 9 (3) GDPR;
(4) For archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 (1) GDPR, in so far as the right referred to in paragraph a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(5) For the establishment, exercise or defence of legal claims.
5. Right to notification
If you have asserted your right to rectification, erasure or restriction of processing vis-à-vis the controller, the controller shall be obliged to notify such rectification or erasure of the data or restriction of processing, unless this proves impossible or involves disproportionate effort.
6. Right to data portability
You have the right to receive the personal data concerning you, which you provided to a controller, in a structured, commonly used and machine-readable format. You also have the right to transmit that data to another controller without hindrance from the controller to which the personal data has been provided, where:
(1) The processing is based on consent pursuant to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR, or on a contract pursuant to Art. 6 (1) (b) GDPR, and
(2) The processing is carried out by automated means.
In exercising this right, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible. This shall not adversely affect the rights and freedoms of others.
The right to data portability shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
7. Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Art. 6 (1) (e) or (f) GDPR, including profiling based on these provisions.
The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
VI. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
The supervisory authority responsible for Berky GmbH is:
Data Protection Officer of the State of Lower Saxony
Email: poststelle@lfd.niedersachsen.de
Telephone number: +49 (0) 511 120 4500
Fax number: +49 (0) 511 120 4599
Postal address: P.O. Box 221, 30002 Hanover, Germany