Privacy Policy
The protection of your personal data has a particularly high priority for our company. The use of our website is generally possible without providing any personal data. However, if a data subject wishes to use special services of our company via our website, the processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection regulations applicable to our company. By means of this privacy policy, our company aims to inform the public about the type, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed of their rights by means of this privacy policy.
As the controller responsible for processing, we have implemented numerous technical and organizational measures to ensure the most complete protection possible of the personal data processed through this website. Nevertheless, internet-based data transmissions may generally have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
Definitions
Our privacy policy is based on the terminology used by the European legislator when adopting the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easy to read and understand for both the public and our customers and business partners. For this purpose, you will find an explanation of all terms used at the very bottom, below this privacy policy.*
Name and Address of the Controller
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions with a data protection character is:
Birkel-Kühlung GmbH
Südring 31
54634 Bitburg
Germany
Phone: 0049 - (0)6561 5552
Email:
Website: www.birkel-kuehlung.de
Cookies
The websites of Birkel-Kühlung GmbH use cookies. Cookies are text files that are stored and saved on a computer system via an internet browser.
Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.
By using cookies, our company can provide users of this website with more user-friendly services that would not be possible without setting cookies.
By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies enable us, as already mentioned, to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter their login data each time they visit the website, because this is taken over by the website and the cookie stored on the user’s computer system.
The data subject may prevent the setting of cookies by our website at any time by means of an appropriate setting of the internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set may be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, not all functions of our website may be fully usable.
Collection of General Data and Information
Our website collects a series of general data and information with each visit by a data subject or an automated system. These general data and information are stored in the server log files. The following 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 reaches our website (so-called referrer),
(4) the subpages accessed on our website by an accessing system,
(5) the date and time of access to the website,
(6) an internet protocol address (IP address),
(7) the internet service provider of the accessing system, and
(8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
When using these general data and information, our company does not draw any conclusions about the data subject. Rather, this information is needed to
(1) deliver the contents of our website correctly,
(2) optimize the contents of our website as well as advertising for it,
(3) ensure the long-term functionality of our information technology systems and the technology of our website, and
(4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack.
These anonymously collected data and information are therefore evaluated statistically by us and also with the aim of increasing data protection and data security in our company, ultimately to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
Contact Possibility via the Website
Our website contains information that enables quick electronic contact with our company, as well as direct communication with us, which also includes a general address of so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted voluntarily by a data subject to the controller are stored for the purpose of processing or contacting the data subject. There is no disclosure of these personal data to third parties.
Data Protection for Applications and the Application Process
The controller collects and processes the personal data of applicants for the purpose of handling the application process. Processing may also take place electronically. This is particularly the case if an applicant submits corresponding application documents electronically, for example by email or via a web form on the website, to the controller. 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 legal requirements. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the controller conflict with deletion. Another legitimate interest in this sense is, for example, a duty of proof in proceedings under the General Equal Treatment Act (AGG).
Routine Erasure and Blocking of Personal Data
The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or insofar as this is provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.
If the storage purpose ceases to apply or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or deleted in accordance with legal requirements.
Rights of the Data Subject
a) Right to Confirmation
Every data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether personal data concerning them are being processed. If a data subject wishes to exercise this right of confirmation, they may contact an employee of the controller at any time.
b) Right to Access
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain free information from the controller at any time about the personal data stored concerning them and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:
– the purposes of processing
– the categories of personal data processed
– 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
– if possible, the planned duration for which the personal data will be stored, or, if this is not possible, the criteria for determining this duration
– the existence of a right to rectification or erasure of personal data concerning them or to restriction of processing by the controller or a right to object to such processing
– the existence of a right to lodge a complaint with a supervisory authority
– if the personal data are not collected from the data subject: all available information about the origin of the data
– the existence of automated decision-making including profiling pursuant to Article 22(1) and (4) GDPR and — at least in these cases — meaningful information about the logic involved as well as the significance and the envisaged consequences of such processing for the data subject
Furthermore, the data subject has a right to be informed whether personal data have been transferred to a third country or an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right of access, they may contact an employee of the controller at any time.
c) Right to Rectification
Every data subject affected by the processing of personal data has the right granted by the European legislator to request the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data — including by means of a supplementary statement — taking into account the purposes of processing.
If a data subject wishes to exercise this right of rectification, they may contact an employee of the controller at any time.
d) Right to Erasure (Right to be Forgotten)
Every data subject affected by the processing of personal data has the right granted by the European legislator to request from the controller the immediate erasure of personal data concerning them, provided that one of the following reasons applies and insofar as processing is not necessary:
– The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
– The data subject withdraws their consent on which the processing was based pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal basis for processing.
– The data subject objects to processing pursuant to Article 21(1) GDPR, and there are no overriding legitimate grounds for processing, or the data subject objects to processing pursuant to Article 21(2) GDPR.
– The personal data have been unlawfully processed.
– The erasure of personal data is necessary to comply with a legal obligation under Union or Member State law to which the controller is subject.
– The personal data were collected in relation to information society services offered pursuant to Article 8(1) GDPR.
If one of the above reasons applies and a data subject wishes to request the erasure of personal data stored by us, they may contact an employee of our company at any time. The employee will ensure that the erasure request is complied with immediately.
If the personal data have been made public by us and our company, as the controller pursuant to Article 17(1) GDPR, is obliged to erase the personal data, our company will take appropriate measures, including technical measures, taking into account available technology and implementation costs, to inform other controllers processing the published personal data that the data subject has requested the erasure of all links to these personal data or of copies or replications of these personal data, insofar as processing is not necessary. Our employee will arrange what is necessary in each individual case.
e) Right to Restriction of Processing
Every data subject affected by the processing of personal data has the right granted by the European legislator to request the restriction of processing from the controller if one of the following conditions is met:
– The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
– The processing is unlawful, the data subject opposes the erasure of the personal data and requests instead the restriction of their use.
– The controller no longer needs the personal data for the purposes of processing, but the data 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) GDPR, and it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.
If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by our company, they may contact an employee of the controller at any time. Our employee will arrange the restriction of processing.
f) Right to Data Portability
Every data subject affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit these data to another controller without hindrance from the controller to whom the personal data were provided, provided that the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR and the processing is carried out by automated means, insofar as 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 controller.
Furthermore, in exercising their right to data portability pursuant to Article 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.
To exercise the right to data portability, the data subject may contact one of our employees at any time.
g) Right to Object
Every data subject affected by the processing of personal data has the right granted by the European legislator to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them which is based on Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.
Our company will no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for processing which override the interests, rights, and freedoms of the data subject, or processing serves the establishment, exercise, or defense of legal claims.
If our company processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning them for such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to processing for direct marketing purposes, we will no longer process the personal data for these purposes.
Furthermore, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them which is carried out by our company for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) GDPR, unless such processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right to object, the data subject may contact any of our employees directly. The data subject is also free, in the context of the use of information society services, notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.
h) Automated Individual Decision-Making, Including Profiling
Every data subject affected by the processing of personal data has the right granted by the European legislator not to be subject to a decision based solely on automated processing — including profiling — which produces legal effects concerning them or similarly significantly affects them, unless the decision
(1) is necessary for entering into or the performance of a contract between the data subject and the controller, or
(2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or
(3) is based on the data subject’s explicit consent.
If the decision
(1) is necessary for entering into or the performance of a contract between the data subject and the controller, or
(2) is based on the data subject’s explicit consent,
our company will implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express their point of view, and to contest the decision.
If the data subject wishes to exercise rights relating to automated decision-making, they may contact an employee of the controller at any time.
i) Right to Withdraw Consent
Every data subject affected by the processing of personal data has the right granted by the European legislator to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise their right to withdraw consent, they may contact an employee of the controller at any time.
Legal Basis for Processing
Article 6(1)(a) GDPR serves as the legal basis for our company for processing operations for 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 the data subject is a party — as is the case, for example, with processing operations necessary for the delivery of goods or the provision of another service or consideration — processing is based on Article 6(1)(b) GDPR. The same applies to such processing operations that are necessary for carrying out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfillment of tax obligations, processing is based on Article 6(1)(c) GDPR. In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured on our premises and their name, age, health insurance data, or other vital information had to be passed on to a doctor, hospital, or other third parties. Then processing would be based on Article 6(1)(d) GDPR. Ultimately, processing operations may be based on Article 6(1)(f) GDPR. This legal basis is used for processing operations not covered by any of the aforementioned legal bases, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, provided that the interests, fundamental rights, and freedoms of the data subject do not override such interests. Such processing operations are particularly permitted because they were specifically mentioned by the European legislator. The legislator considered that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 sentence 2 GDPR).
Legitimate Interests Pursued by the Controller or a Third Party
If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and shareholders.
Duration for which the personal data are stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of this period, the corresponding data are routinely deleted, provided they are no longer required for the fulfillment of a contract or for initiating a contract.
Statutory or contractual requirements regarding the provision of personal data; necessity for concluding a contract; obligation of the data subject to provide personal data; possible consequences of failure to provide such data We inform you that the provision of personal data is partly required by law (e.g., tax regulations) or may also result from contractual provisions (e.g., information about the contractual partner). In some cases, it may be necessary for a contract to be concluded that a data subject provides us with personal data which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide the personal data would result in the contract with the data subject not being concluded. Before providing personal data, the data subject must contact one of our employees. Our employee will inform the data subject on a case by case basis whether the provision of personal data is legally or contractually required or necessary for concluding a contract, whether there is an obligation to provide the personal data, and what the consequences of failing to provide the personal data would be.
Automated decision making As a responsible company, we refrain from automated decision making or profiling.
Facebook Plugins
Our pages integrate plugins of the social network Facebook, provider Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA. You can recognize the Facebook plugins by the Facebook logo or the “Like” button (“Gefällt mir”) on our site. An overview of the Facebook plugins can be found here: https://developers.facebook.com/docs/plugins/ When you visit our website, a direct connection between your browser and the Facebook server is established via the plugin. Facebook thereby receives the information that you have visited our site with your IP address. If you click the Facebook “Like” button while logged into your Facebook account, you can link the contents of our pages to your Facebook profile. This allows Facebook to associate your visit to our pages with your user account. We point out that, as the provider of the website, we have no knowledge of the content of the transmitted data or how Facebook uses them. Further information can be found in Facebook’s privacy policy at: https://www.facebook.com/policy.php If you do not want Facebook to associate your visit to our website with your Facebook user account, please log out of your Facebook account.
Our website includes functions of the Instagram service. These functions are provided by Instagram Inc., 1601 Willow Road, Menlo Park, CA 94025, USA. If you are logged into your Instagram account, you can link the contents of our pages to your Instagram profile by clicking the Instagram button. This allows Instagram to associate your visit to our pages with your user account. We point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or how Instagram uses them. Further information can be found in Instagram’s privacy policy: http://instagram.com/about/legal/privacy
YouTube
Our website uses plugins from YouTube, a site operated by Google. The operator of the pages is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. When you visit one of our pages equipped with a YouTube plugin, a connection to YouTube’s servers is established. The YouTube server is informed which of our pages you have visited. If you are logged into your YouTube account, you enable YouTube to directly associate your browsing behavior with your personal profile. You can prevent this by logging out of your YouTube account. Further information on the handling of user data can be found in YouTube’s privacy policy at https://www.google.de/intl/de/policies/privacy
Our website may include functions and content of the LinkedIn service, offered by LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland. If the user of our website is a member of the LinkedIn platform, LinkedIn can associate the access to the content and functions with the user’s profile there. LinkedIn’s privacy policy can be found at: https://www.linkedin.com/legal/privacy-policy. LinkedIn is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active (privacyshield.gov in Bing)). Opt out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.
Google Fonts
We integrate the fonts (“Google Fonts”) of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. When you use our website, these fonts are loaded from a Google server. Various data are transmitted to Google servers in the process (e.g., your IP address, language settings, browser version, screen resolution, browser name...). We have a legitimate interest in using Google Fonts to optimize our online service. The legal basis for this is Art. 6(1)(f) GDPR (legitimate interest). You can read which data Google generally stores and how it is used in Google’s privacy policy: https://www.google.com/policies/privacy You can adjust your privacy settings here: https://adssettings.google.com/authenticated
Google Maps
We integrate the maps of the “Google Maps” service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The data processed may include, in particular, IP addresses and location data of users, which, however, are not collected without their consent (usually via the settings of their mobile devices). The data may be processed in the USA. Privacy policy: https://www.google.com/policies/privacy/ Opt out: https://adssettings.google.com/authenticatedSSL or TLS Encryption For security reasons and to protect the transmission of confidential content that you send to us as the site operator, our website uses SSL or TLS encryption. This means that data you transmit via this website cannot be read by third parties. You can recognize an encrypted connection by the “https://” address line of your browser and the lock symbol in the browser bar.
Explanation of the terms used in this privacy policy
a) Personal data Personal data means any information relating to an identified or identifiable natural person (hereinafter “data subject”). A natural person is considered identifiable if they can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
b) Data subject A data subject is any identified or identifiable natural person whose personal data are processed by the controller.
c) Processing Processing means any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
d) Restriction of processing Restriction of processing means the marking of stored personal data with the aim of limiting their future processing.
e) Profiling Profiling means any form of automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
f) Pseudonymization Pseudonymization means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for processing Controller or controller responsible for processing means the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
h) Processor Processor means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.
i) Recipient Recipient means a natural or legal person, public authority, agency, or another body to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
j) Third party Third party means a natural or legal person, public authority, agency, or body other than the data subject, the controller, the processor, and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
k) Consent Consent means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to them.