This Data Privacy Statement explains the type, scope and purposes of processing of personal data by us as the controller BYK-Gardner GmbH (hereinafter referred to as "BYK" or "we") via this website.
Our contact details:
Lausitzer Straße 8
Tel +49 8171/3493-0
The contact details of our data protection officer are as follows:
Data Protection Officer
Tel. +49 281 67012030
We process your personal data in principle only if you contact us via this website, if this is necessary for the provision of an operational website or for the presentation and use of our contents, offers and services. Without this processing, we could not provide our offering and usage would be impossible.
1.1.1 Provision of the website
If you visit our website, we log the IP address (i.e. the Internet address) of the computer accessing the site and other general usage data, such as date and time ("user-related data"), in order to evaluate which parts of our website are of particular interest. Your user-related data are rendered anonymous.
The processing of these data serves the internal evaluation of our website’s frequency of use. We pursue our legitimate interest to verify the efficiency of our offer. Legal basis for the processing of data is Art. 6 para. 1 lit. f of the EU-General Data Protection Regulation (hereinafter referred to as "GDPR").
1.1.2 Consent with ConsentManager
Our website uses the ConsentManager consent technology to obtain your consent to the storage of certain cookies on your device or for the use of certain technologies and data protection legislation compliant documentation of the former. The party offering this technology is Jaohawi AB, Håltegelvägen 1b, 72348 Västerås, Sweden, website: https://www.consentmanager.net (hereinafter referred to as “ConsentManager”).
Moreover, ConsentManager shall store a cookie in your browser to be able to allocate your declaration(s) of consent or any revocations of the former. The data that are recorded in this manner shall be stored until you ask us to eradicate them, delete the ConsentManager cookie or until the purpose for archiving the data no longer exists. This shall be without prejudice to any mandatory legal retention periods.
1.1.3 Contact form
Our website features a contact form, which may be used for making contact electronically. If you take this opportunity, the data entered on the input screen will be transferred to and processed by us. The processing of personal data from the input screen serves the sole purpose of handling the contacting and your concern.
As far as you have given your consent to process personal data, Art. 6 para. 1 lit. a of the GDPR serves as the legal basis for the processing.
For the processing of personal data which serves the execution of a contract to which you are a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis for processing. This also applies to processing operations, which are necessary to implement pre-contractual measures.
As far as processing is necessary for compliance with a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis for processing.
If processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, and such interests are not overridden by the interests or fundamental rights and freedoms of the data subject, Art. 6 para. 1 lit. f GDPR serves as the legal basis for processing.
All personal data collected in connection with the provision of this website will only be transferred by us to our affiliates as well as to technical service providers and financial services providers which are employed as processors according to the GDPR. These financial services providers sometimes gather this data themselves when you set up an account with them. In this case, for the registration and ordering process you will have to use your registration data to log on to the financial services provider’s site. The data protection declaration of the respective financial services provider will then apply.
In individual cases, a transfer to a third country outside the EU and the EFTA may occur. However, we transfer personal data only to third countries where the EU Commission has determined an adequate level of data protection by decision according to Art. 45 GDPR or if we and the recipient of the data have agreed upon standard data protection clauses adopted by the Commission according to Art. 46 para. 2 lit. c GDPR.
As far as you did not give consent to a specific storage duration, we will store your personal data only as long as this is necessary to pursue the respective processing purpose and if there are no conflicting legal retention or storage periods. After the contract has been processed in full or when the customer account is deleted, further processing of your data will be limited, and your data will be deleted on expiry of the retention periods defined by commercial law and tax law.
We use a Content Management Tool (CMT) to manage our cookies. The CMT allows you to consent or decline to the placement of certain technically unnecessary cookies. Your consent to cookies enables us and our partners to process personal data such as surfing behavior or unique ID’s on our website. If you reject certain cookies, only limited use of our website and our services may be possible. By clicking on the "FINGERPRINT" button, you can change your cookie preferences at any time with effect for the future.
The settings for technically necessary cookies cannot be changed. Essential technical cookies are used for the purpose of ensuring our website and its contents run properly. These purposes also substantiate our legitimate interest in processing personal data. Article 6, para. 1 f of the GDPR constitutes the legal grounds for this data processing. As far as you have given your consent to the setting of cookies, we or our technical service providers will process your personal data in accordance Art. 6 para. 1 lit. a GDPR.
You can, of course, configure your browser so that it does not store our cookies on your end device. The Help function in the menu found on most web browsers explains how you can prevent your browser from accepting new cookies, how you can have your browser notify you when you receive a new cookie, or even how you can delete all cookies that have already been received and completely block any more cookies. However, the CMT only works in the browser you are using to set it and will only work properly if your browser accepts third-party browser cookies. If you delete cookies or change browser, computer, or operating system, you will need to adjust the setting again.
To ensure a sufficient level of data security when forms are transmitted, we sometimes use the reCAPTCHA service from Google Inc. This primarily serves to determine whether data has been entered by a real person or fraudulently via machine or automated processing. As part of this service, the IP address is sent to Google, along with any other data Google requires so it can provide its reCAPTCHA service. The data privacy provisions enforced by Google Inc., which may differ from those set out here, shall apply in this regard. You can find more information about Google Inc. privacy guidelines at https://policies.google.com/privacy. Article 6, para. 1 f of the GDPR constitutes the legal grounds for this data processing.
The information generated by the cookie is usually transferred to a Google server in the USA and stored there. We use the extension of IP anonymization on this website, i.e. your IP address is shortened by Google beforehand.
The legal basis for the use of Google Analytics is our legitimate interest in accordance with Art. 6 para. 1 lit. f DSGVO.
Google's services also include reports on the effectiveness of our advertising efforts (including across devices), demographics and the interests of our users, and cross-device delivery of online advertising if you have a Google Account and have consented to the personalization of advertising ("Ads Personalization"). In this case, the legal basis for data processing is your consent to Google (Art. 6 para. 1 lit. a DSGVO). You can object to the collection or evaluation of your data by Google Analytics by downloading and installing the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout. In addition, as mentioned above, you can prevent the collection of data generated by the cookie and related to your use of the website as well as the processing of this data by rejecting the necessary setting of a cookie via the Consent Management Tool (CMT), even retroactively with effect for the future, or by deactivating the automatic setting of cookies generally via your browser settings.
This website uses the Google Tag Manager. Through this service, website tracking tags can be managed through an interface. The Google Tag Manager only implements those tags. This means that no cookies are used and no personal data is collected by it. The Google Tag Manager triggers other tags, which may collect data. However, the Google Tag Manager does not access this data. If a deactivation has been made at domain or cookie level, it remains in place for all tracking tags, insofar as these are implemented with the Google Tag Manager.
We use the tag management system Tealium iQ. The provider is Tealium Inc, 11085 Torreyana Road, San Diego, CA 92121, USA.
We use Tealium to centrally manage, control and load third-party measurement pixels (tags) on our website. Tealium allows us to monitor the data collection of each vendor tag and give our website visitors the ability to make their own decisions about third-party access and cookies.
To enable functionality, a cookie called utag_main is created, which is used to uniquely and anonymously identify visitors. The storage of this cookie is based on Art. 6 para. 1 lit. f DSGVO. We have a legitimate interest in a fast and uncomplicated integration and management of various tools on our website.
The information generated by the cookie about your visit to our website is delivered using Tealium Multi-CDN infrastructure (mCDN).
The tag management system is necessary to provide the service and therefore cannot be disabled.
If you have given your consent via the Consent Manager, we use services of etracker GmbH from Hamburg, Germany (www.etracker.com) to analyze usage data. Cookies are used for this purpose, which enable a statistical analysis of the use of this website by its visitors and the display of usage-related content or advertising. Cookies are small text files that are stored by the Internet browser on the user's end device. etracker cookies do not contain any information that would allow a user to be identified.
In the event of your consent, data processing is carried out on the legal basis of Art. 6 Para. 1 lit a DSGVO. Using the Consent Manager, you can refuse the setting of a cookie at any time and thus object to the data processing. Your objection has no negative consequences for you. Further information on data protection at etracker can be found here: https://www.etracker.com/en/data-privacy/.
We use the YouTube.com platform to post our own videos and make them publicly accessible. YouTube is an offering from YouTube LLC, which is headquartered in 901 Cherry Avenue, San Bruno, CA 94066, USA. When you access a (sub)page of our internet offering on which YouTube videos have been integrated in this form, a connection is established to YouTube’s servers and the content is displayed on the website by means of a notification sent to your browser. YouTube content is only ever integrated in the “privacy-enhanced mode”. This mode is provided by YouTube itself to ensure that YouTube does not initially store any cookies on your device. Nonetheless, when you access the relevant pages, your IP address and the other data listed under No. 4 are transferred and, in particular, the information about which of our webpages you have visited is disclosed. This information, however, cannot be traced back to you unless you log into YouTube or another Google service (e.g. Google+) before accessing such pages or unless you are permanently logged in. The privacy-enhanced mode means that as soon as you click to start playing an integrated video, YouTube only stores cookies on your device that do not contain any personally identifiable data, unless you are currently logged into a Google service.
You can find information about how YouTube and Google process data and their privacy policies here: https://policies.google.com/privacy and https://support.google.com/youtube/answer/171780?hl=en
In order to carry out our WebSeminars, we need some personal data from our WebSeminar participants. These are:
We conduct our WebSeminars via Clickmeeting. During the WebSeminar, it is possible to ask the lecturer(s) questions via the chat function. Your questions won’t be visible for external participants.
The provision of your personal data is voluntary. The legal basis for the data processing is therefore Article 6 paragraph 1 sentence a of the EU GDPR (voluntary consent). BYK-Gardner GmbH, Lausitzer Str. 8, 82515 Geretsried, Germany, is responsible for the processing. The consent to the processing of your personal data also expressly includes the recording of the WebSeminar and the disclosure of your data in the context of the list of participants and, under certain circumstances, the information you provided in the chat.
Further details, such as the name and address of the company where you are employed, are not considered personal data and therefore do not fall within the scope of data protection.
Due to legal regulations – especially with respect to proof obligations towards tax authorities – the data for participation in our WebSeminars is stored for a period of eleven (11) years.
We have integrated Jotform on this website. The provider is Jotform Ltd, Level 30, 40 Bank Street, Canary Wharf, London E14 5NR, United Kingdom (hereinafter Jotform).
Jotform enables us to create online forms to collect service requests from our website visitors. All input you provide is processed on Jotform's servers.
The use of Jotform is based on our legitimate interest in determining your request in the most user-friendly way possible (Art. 6 para. 1 lit. f DSGVO). If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 (1) lit. a DSGVO and Section 25 (1) TTDSG, insofar as the consent includes the storage of cookies or access to information in the user's terminal device (e.g. device fingerprinting) as defined by the TTDSG. The consent can be revoked at any time.
The data you enter in the form will remain with us until you request us to delete it, revoke your consent to store it, or the purpose for storing the data no longer applies (e.g., after we have completed processing your request). Mandatory legal provisions - in particular retention periods - remain unaffected.
Data transfer to the USA is secured by EU standard contractual clauses that we have concluded with Jotform. Details can be found here: https://www.jotform.com/gdpr-compliance/dpa/.
Data Processing Addendum
We have concluded an order processing agreement (AVV) for the use of the above service. This is a contract required by data protection law, which ensures that this processes the personal data of our website visitors only according to our instructions and in compliance with the GDPR.
You will find links to Facebook, Instagram, Xing, Linkedin, YouTube, Wikipedia and Twitter on our website. If you activate a platform of this type, your browser will establish a short connection with the server of the relevant network, which serves primarily to display the content of the plugin. The cooperating party will, however, learn your IP address through this plugin. This will not identify you by name automatically, but if you are logged in to Facebook at the same time your visit to our website may be matched to your Facebook account.
In general, i.e. subject to any legal restrictions, you have the rights listed below. In order to facilitate the exercise of these rights, we wish to inform you that any corresponding request does not require a certain form - you may send such a request electronically (in particular per email).
You may request information about your personal data from the controller.
You may request the rectification of your personal data by the controller if the data are inaccurate.
You may request the erasure of your personal data by the controller.
You may request the restriction of further processing of your personal data by the controller.
You have the right to object to further processing of your personal data by the controller, provided you set out the respective grounds relating to your particular situation.
You may ask to receive your personal data in a structured, commonly used and machine-readable format, and to transmit those data to another person without hindrance from the controller to whom the personal data have been provided.
Furthermore, you have the right to file a complaint about the handling of your personal data by a controller with a supervisory authority competent for data protection. In order to facilitate the exercise of this right, we inform you that the supervisory authority competent for our place of business may be contacted at the following address:
Bayerisches Landesamt für Datenschutzaufsicht (BayLDA), Promenade 27, 91522 Ansbach, Germany
Automated decision-making in individual cases, including profiling in accordance with Art. 22 GDPR, do not take place in connection with the use of our website and our offer.
We apply the technical and organizational measures necessary to protect your data from manipulation, loss, destruction or unauthorized access, and to safeguard their integrity and availability. Our safety precautions are improved constantly corresponding to technical developments.
This data privacy statement has the status of April 4, 2021. We reserve the right to carry out appropriate amendments at any given time.