For your visit to our website, we would like to inform you about how we are protecting your data and what measures we have taken, so that you can be sure that all the data protection regulations are observed.
The protection of your data is our top priority. Below, we shall inform you in detail about what data we collect from you during your visit to our webpages, how it is processed or stored and when it will be deleted.
1. General information on data processing
The controller in terms of the General Data Protection Regulation, who is responsible for the data processing on this website, is:
BERGER HOLDING SE
Äußere Spitalhofstraße 19, 94036 Passau
Tel.: +49 851 806-0
Fax: +49 851 806-1104
You can find further information on the controller in the legal notice.
You can reach our data protection officer as follows:
BERGER HOLDING SE
Data Protection Officer
Äußere Spitalhofstraße 19, 94036 Passau
Tel.: +49 851 806-1319
a) Use of personal data
Personal data is your data such as your name, address, e-contact details, date of birth, qualifications etc. You provide this data when you apply to us, especially via the website and the contact section provided there. We need this information from you so that we can contact you. However, we only save or process data that you have provided voluntarily. We also process the personal data received from you or, if applicable, third parties in the course of the execution of the contract and the initiation of business transactions. This data generally includes your contact details and, if necessary, your payment details, as well as all the data that is required for the implementation of the contract. If applicable, other information (e.g. from credit agencies) is used if this is necessary for processing the transactions.
We will use the data provided by you either to make contact with you or in another way, so that we can work for you or respond to your enquiries. This means that we will only use the data for our work if you want to become part of it and only to the extent that you want to be involved.
Such data will only be used by us or our agents and not passed on to third parties, sold or used for purposes other than our operational purposes.
As soon as you demand the deletion of the data, we will implement this immediately and delete the data. In exceptional cases, we may be obliged by law to store data. Then we will delete the data as soon as we are allowed.
b) Legal basis for the processing of personal data
If you have granted us consent to the processing of your data, Art. 6 (1) a. GDPR serves as the legal basis. Consent that has been granted may be revoked at any time with effect for the future.
In the event of processing of personal data that is necessary for the performance of a contract to which the data subject is party, Art. 6 (1) b. GDPR serves as the legal basis. This also applies to processing operations that are necessary for the implementation of precontractual measures.
If the processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject, Art. 6 (1) c. GDPR serves as the legal basis.
If the processing is necessary to protect our legitimate interest and if the interests, basic rights and basic freedoms of the data subject do not outweigh our legitimate interest, Art. 6 (1) f. GDPR serves as the legal basis for the processing.
2. General data processing
Provision of the website and creation of log files
We only process our users’ personal data insofar as this is necessary for the provision of a functional website and our contents and services. Every time our website is called up, our system automatically gathers data and information from the computer system of the calling computer. This is the following data:
- the type and version of the browser used
- the operating system used
- the user’s internet service provider
- the user’s IP address
- the date and time of the access
- the website from which the user’s system accessed our website/referrer URL
- the website which the user’s system accessed via our website
The legal basis for the temporary storage of the aforementioned data is Art. 6 (1) f. GPDR. The temporary storage of the IP address by the system is necessary to guarantee the functionality of the website. When we use this information, we will not draw any conclusions about the data subject. Instead, this information is required so that we can display the contents of our website correctly and guarantee the permanent functionality of our IT systems and the technology of our website.
3. Services on our website
On our websites, we provide users with the option of registering as a subcontractor or a supplier, providing their data. A form is available for this, which you can use to contact us. No data is passed on to third parties in this context. We regard your consent pursuant to Art. 6 (1) a. GDPR as the legal basis for including you in our database for consideration for future calls for tender.
b) E-mail contact
On our website, there is the option of using the provided e-mail addresses to contact us. In this case, the personal data of the user that is communicated by e-mail will be saved. No data is passed on to third parties in this context. The data is used exclusively for processing the conversation. The legal basis for the processing of the data that is transmitted in an e-mail is Art. 6 (1) f. GDPR. Our legitimate interest is in the processing of your enquiry.
c) Contact form for applications
Applicants can apply to us online. You can send your application documents to us by e-mail or via a contact form. The personal data communicated by you will be collected, processed and used exclusively for the purpose of processing your application. The data will be treated as confidential. The legal basis for this is Art. 6 (1) b. GDPR in conjunction with Section 26 (1) German Federal Data Protection Act (BDSG) on the initiation of an employment relationship. If you have granted us consent, Art. 6 (1) a. GDPR is also regarded as the legal basis. If your data is processed on the basis of your consent, you have the right to revoke the consent at any time with effect for the future.
d) Use of BITE Applicant Manager
You can use our application portal to apply online. Personal data in the context of your application will be stored and processed with electronic data processing systems by BERGER only for the envisaged purpose of checking your qualifications and in the course of the execution of the current application process or subsequent application processes and recruitment processes, insofar as this is necessary for the decision regarding the establishment of an employment relationship with us. Before your online application, we therefore request that you give your consent to the storage and processing of your personal data. We will store your personal data for as long as this is necessary for the decision about your application. If you are employed, these documents will go into your personnel file. If an employment relationship between you and us does not come into effect, the application documents will be deleted no later than six months after you have been informed of the rejection. In addition, we can continue to store data if a longer storage is necessary due to legitimate interests, e.g. legal disputes or an administrative or court order. Your application data will be transferred to an IT system belonging to our contractual partner, BITE GmbH, 89077 Ulm. BERGER remains the controller in terms of the EU General Data Protection Regulation. Furthermore, no data will be passed on to third parties. Legal basis Art. 6 (1) f. in conjunction with Art. 88 (1) GDPR and Section 26 (1) in conjunction with (8) Sentence 2 BDSG (new): You can find more detailed information with regard to online applications in the separate data privacy statement in our online application portal. If your data is processed on the basis of your consent, you have the right to revoke the consent at any time with effect for the future.
e) Contact form for requesting a price list (only for Czech plants)
Interested parties can use a specially provided contact form to request a price list for the Czech plants. The personal data communicated by you will be collected and used exclusively for the purpose of processing your request (price list). The legal basis for the processing of the data that is transmitted in an e-mail is Art. 6 (1) f) GDPR. Our legitimate interest is in the processing of your enquiry (sending a price list).
f) Use of Captcha
We use “Captcha” on our website. Captcha aims to verify whether the data entered on our website (e.g. in a contact form) is entered by a human or by an automated program. We use Captcha on the basis of our legitimate interest (Art. 6 (1) f. GDPR). Our legitimate interest is in preventing the misuse of our forms and protecting our technical systems.
g) Google Maps
On this website, Google Maps is used via an API. This enables us to display interactive maps directly on the website and to allow you to use the map function conveniently. To enable you to use the functions of Google Maps, we need to store your IP address. This information is usually transferred to a server in the USA and stored there. We have no influence on this data transfer. Google Maps is used in the interests of an attractive presentation of our online services and to make it easier to find the places indicated by us on the website. This is a legitimate interest in terms of Art. 6 (1) f GDPR. You can find further information on the handling of user data in Google’s data privacy statement:
h) Use of MyFonts
Our website uses “MyFonts” for the uniform presentation of fonts. When a page is accessed, your browser loads the required fonts into its browser cache, in order to show texts and fonts correctly. MyFonts is used in the interests of a uniform and attractive presentation of our website. This is a legitimate interest in terms of Art. 6 (1) f. GDPR.
4. Recipients or categories of recipients
It may also be necessary for your personal data to be processed within the Berger Group. This is done in strict compliance with the applicable regulations, especially GDPR and BDSG. Your data will not be transmitted to third parties, unless we are obliged to do this by law or this is necessary for the execution of the contract with you. We will not transmit any data to a third country. In the individual case, a transmission will only take place in accordance with the statutory provisions (Chapter V GDPR).
5. Data deletion and storage period
The criterion for the duration of the storage of personal data is the respective statutory storage period. After the expiry of the period, the relevant data will routinely be deleted, provided that it is no longer needed for the preparation or performance of a contract and we do not still have a legitimate interest in the continued storage.
6. Your rights
We would like to inform you about your rights and options:
a) Right to object to the processing
If the processing of your personal data takes place to protect legitimate interests in accordance with Art. 6 (1) f. GDPR, you have the right pursuant to Art. 21 GDPR to object to the processing of this data at any time for reasons that arise from your particular situation. We will then not process this personal data anymore, unless we can provide evidence of compelling legitimate grounds for the processing. These must outweigh your interests, rights and freedoms, or the data must be processed for the assertion, exercise or defence of legal claims.
b) Right of access pursuant to Art. 15 GDPR
You have the right to access your personal data stored by us at any time.
c) Right to rectification pursuant to Art. 16 GDPR
You can demand the rectification of incorrect personal data and the completion of incomplete personal data.
d) Right to erasure pursuant to Art. 17 GDPR
As soon as you demand the deletion of your personal data, we will implement this immediately and delete the data. In exceptional cases, we may be obliged by law to store data. Then we will delete the data as soon as we are allowed.
e) Right to restriction of processing pursuant to Art. 18 GDPR
You can demand the restriction of the processing of your personal data, e.g. if you think that your data is inaccurate, if the processing is unlawful, or you have objected to the processing.
f) Right to data portability pursuant to Art. 20 GDPR
You can receive from us your personal data, which you have provided to us, in a structured, commonly used and machine-readable format.
g) Right to revoke the granted consent pursuant to Art. 7 (3) GDPR
You can revoke consent that you have granted at any time without providing reasons. An informal communication by e-mail is sufficient for this. Please note that the revocation only has effect for the future. Data processing that has taken place before the revocation is not affected by this.
h) Right to lodge a complaint with a supervisory authority pursuant to Art. 77 GDPR
You also have the right to lodge a complaint with a supervisory authority.
7. Further information
a) Provision of the data
We are happy to inform you if the provision of the personal data is required by law or by a contract or if there is an obligation to provide the data and about the consequences of the failure to provide the data.
b) Automated decision-making including profiling
There is no automated decision-making including profiling.
c) Communication per E-Mail
Please be advised that data transmission on the internet (e.g. when communicating by e-mail) may be subject to security vulnerabilities. Considerable risks exist when unencrypted messages are transmitted. Therefore, we recommend you not to send any sensitive data in an unencrypted e-mail.
d) External links
Links that link to other webpages from our website are not subject to this data privacy statement. We will do our best to make all the links used on our website satisfy our requirements. However, we have no control over the content of these pages and cannot guarantee that they comply with our data protection standards. Therefore, we advise you to check the data privacy statements of the pages that you visit.
e) Subject to change
We reserve the right to update this data privacy statement in compliance with the applicable data protection regulations.