1) Information on the collection of personal data and contact details of the person responsible
1.1 We are pleased that you are visiting our website and thank you for your interest. In the following we inform you about how we handle your personal data when you use our website. Personal data are all data with which you can be personally identified.
1.2 The person responsible for data processing on this website within the meaning of the Basic Data Protection Regulation (DSGVO) is BERGER Stromversorgungen GmbH & Co. KG, Bannmatten 10, 77855 Achern, Germany, Phone: +49 (0) 78 41 / 6 73 04-0, Fax: +49 (0) 78 41 / 6 73 04-29, E-Mail: firstname.lastname@example.org. The person responsible for processing personal data is the natural or legal person who, alone or jointly with others, decides on the purposes and means of processing personal data.
1.3 For security reasons and to protect the transmission of personal data and other confidential contents (e.g. orders or inquiries to the responsible person), this website uses SSL or TLS encryption. You can recognize an encrypted connection by the character string “https://” and the lock symbol in your browser line.
2) Data collection when visiting our website
When using our website for informational purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the data that your browser sends to our server (so-called “server log files”). When you call up our website, we collect the following data, which are technically necessary for us to display the website:
Our visited website
Date and time of access
Amount of data sent in bytes
Source/reference from which you reached the site
Operating system in use
IP address used (if necessary: in anonymised form)
Processing is carried out in accordance with Art. 6 Para. 1 letter f DSGVO on the basis of our justified interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files subsequently if there are concrete indications of illegal use.
To make visiting our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your end device. Some of the cookies we use are deleted again after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your end device and enable us or our partner companies (third-party cookies) to recognize your browser the next time you visit us (persistent cookies). If cookies are set, they collect and process certain user information to an individual extent, such as browser and location data and IP address values. Persistent cookies are automatically deleted after a specified period of time, which may vary depending on the cookie.
Insofar as personal data is also processed by individual cookies implemented by us, the processing is carried out in accordance with Art. 6 Para. 1 letter f DSGVO in order to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the site visit.
Under certain circumstances, we work together with advertising partners who help us to make our Internet offer more interesting for you. For this purpose, cookies from partner companies are also stored on your hard drive when you visit our website (cookies from third parties). If we work with the aforementioned advertising partners, you will be informed individually and separately about the use of such cookies and the scope of the information collected in each case within the following paragraphs.
Please note that you can set your browser so that you are informed about the setting of cookies and can decide individually whether to accept them or to exclude the acceptance of cookies for certain cases or in general. Each browser differs in the way it manages the cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You can find these for each browser under the following links:
Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies
Please note that the functionality of our website may be limited if cookies are not accepted.
4) Contact us
Personal data is collected when contacting us (e.g. via contact form or e-mail). Which data is collected in the case of a contact form can be seen from the respective contact form. These data are stored and used exclusively for the purpose of answering your request or for contacting you and the associated technical administration. The legal basis for the processing of the data is our legitimate interest in answering your request in accordance with Art. 6 para. 1 lit. f DSGVO. If your contact is aimed at the conclusion of a contract, an additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO. Your data will be deleted after the final processing of your enquiry. This is the case if it can be concluded from the circumstances that the matter in question has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.
5) Use of your data for direct advertising
5.1 Registration for our e-mail newsletter
If you register for our e-mail newsletter, we will send you regular information about our offers. Your e-mail address is the only mandatory information for sending the newsletter. The indication of further possible data is voluntary and is used to be able to address you personally. We use the so-called double opt-in procedure for sending the newsletter. This means that we will not send you an e-mail newsletter until you have expressly confirmed that you agree to receive the newsletter. We will then send you a confirmation e-mail asking you to confirm that you wish to receive future newsletters by clicking on a corresponding link.
By activating the confirmation link, you give us your consent for the use of your personal data in accordance with Art. 6 Para. 1 lit. a DSGVO. When you register for the newsletter, we save your IP address entered by your Internet Service Provider (ISP) as well as the date and time of registration in order to be able to trace possible misuse of your e-mail address at a later date. The data collected by us when registering for the newsletter will be used exclusively for the purpose of advertising in the newsletter. You can unsubscribe from the newsletter at any time using the link provided for this purpose in the newsletter or by sending a message to the person responsible mentioned above. After you have cancelled your subscription, your e-mail address will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data or we reserve the right to use your data for other purposes that are permitted by law and about which we inform you in this declaration.
5.2 Newsletter dispatch via CleverReach
Our e-mail newsletters are sent by the technical service provider CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede, Germany (“CleverReach”), to whom we pass on the data you provided during the newsletter registration. This disclosure is carried out in accordance with Art. 6 para. 1 lit. f DSGVO and serves our legitimate interest in the use of a promotionally effective, secure and user-friendly newsletter system. The data you enter to subscribe to the newsletter (e.g. e-mail address) will be stored on the CleverReach servers in Germany or Ireland.
CleverReach uses this information to send and statistically evaluate the newsletter on our behalf. For evaluation purposes, the e-mails sent contain so-called web beacons or tracking pixels, which are one-pixel image files stored on our website. In this way it can be determined whether a newsletter message was opened and which links were clicked on, if applicable. Conversion tracking can also be used to analyse whether a previously defined action was performed after clicking on the link in the newsletter. Technical information is also collected (e.g. time of access, IP address, browser type and operating system). The data is only collected pseudonymously and is not linked to your other personal data, a direct personal reference is excluded. This data is used exclusively for the statistical analysis of newsletter campaigns. The results of these analyses can be used to better adapt future newsletters to the interests of the recipients.
If you wish to object to the data analysis for statistical evaluation purposes, you must unsubscribe from the newsletter.
We have concluded a contract with CleverReach in which we commit CleverReach to protect our customers’ data and not to pass it on to third parties.
You can read more information about CleverReach’s data analysis here:
6) Online Marketing
Use of Google AdWords conversion tracking
This website uses the online advertising program “Google AdWords” and, in the context of Google AdWords, the conversion tracking of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). We use the Google Adwords service to draw attention to our attractive offers on external websites with the help of advertising material (so-called Google Adwords). In relation to the data of the advertising campaigns, we can determine how successful the individual advertising measures are. In this way, we pursue the interest in showing you advertising that is of interest to you, to make our website more interesting for you and to achieve a fair calculation of advertising costs.
The conversion tracking cookie is set when a user clicks on an AdWords ad served by Google. Cookies are small text files that are stored on your computer system. These cookies generally expire after 30 days and are not used for personal identification. If the user visits certain pages of this website and the cookie has not expired, Google and we can recognize that the user clicked on the ad and was redirected to that page. Each Google AdWords customer receives a different cookie. As a result, cookies cannot be tracked across the websites of AdWords customers. The information collected through the conversion cookie is used to compile conversion statistics for advertisers who have opted in to conversion tracking. Customers are told the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users. If you don’t want to participate in tracking, you can block this usage by disabling the Google Conversion Tracking cookie from your web browser under User Preferences. You will then not be included in the conversion tracking statistics. We use Google Adwords because of our legitimate interest in targeted advertising in accordance with Art. 6 para. 1 lit. f DSGVO.
Google LLC with its headquarters in the USA is certified for the us-European data protection agreement “Privacy Shield”, which guarantees compliance with the data protection level applicable in the EU.
You can obtain further information about Google’s data protection provisions at the following Internet address: http://www.google.de/policies/privacy/
You can permanently deactivate cookies for advertising preferences by making the appropriate setting in your browser software to prevent them or by downloading and installing the browser plug-in available under the following link:
7) Web analysis services
Matomo (formerly Piwik)
On this website, data is collected and stored using the web analysis service software Matomo (www.matomo.org), a service of the provider InnoCraft Ltd, 150 Willis St, 6011 Wellington, New Zealand, (“Matomo”) on the basis of our legitimate interest in the statistical analysis of user behaviour for optimisation and marketing purposes in accordance with Art. 6 Para. 1 letter f DSGVO. Pseudonymised user profiles can be created and evaluated from this data for the same purpose. Cookies may be used for this purpose. Cookies are small text files that are stored locally in the cache of the visitor’s Internet browser. Among other things, the cookies enable the recognition of the Internet browser. The data collected with Matomo technology (including your pseudonymised IP address) is processed on our servers.
The information generated by the cookie in the pseudonymous user profile is not used to personally identify the visitor of this website and is not combined with personal data about the bearer of the pseudonym.
If you do not agree with the storage and evaluation of this data from your visit, you can object to the storage and use of this data at any time by clicking on the mouse. In this case a so-called opt-out cookie is stored in your browser, which means that Matomo does not collect any session data. Please note that the complete deletion of your cookies means that the opt-out cookie is also deleted and may have to be reactivated by you.
8) Tools and miscellaneous
8.1 Google Maps
On our website we use Google Maps (API) from Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). Google Maps is a web service for displaying interactive (land) maps to visually present geographic information. By using this service, our location will be displayed to you and any approach will be made easier.
Already when you call up those sub-pages in which the Google Maps map is integrated, information about your use of our website (such as your IP address) is transmitted to Google servers in the USA and stored there. This happens regardless of whether Google provides a user account through which you are logged in or whether no user account exists. If you are logged in at Google, your data will be assigned directly to your account. If you do not wish to be assigned to your profile on Google, you must log out before activating the button. Google stores your data (even for users who are not logged in) as user profiles and evaluates them. Such an evaluation is carried out in particular in accordance with Art. 6 Para. 1 lit.f DSGVO on the basis of Google’s legitimate interest in the display of personalised advertising, market research and/or needs-based design of its website. You have a right of objection to the creation of these user profiles, whereby you must contact Google in order to exercise this right.
Google LLC, with its registered office in the USA, is certified for the US-European “Privacy Shield” data protection agreement, which guarantees compliance with the data protection level applicable in the EU.
8.2 Google Web Fonts
This site uses so-called web fonts provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”) for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into its browser cache in order to display texts and fonts correctly.
To do this, the browser you are using must connect to Google’s servers. This enables Google to know that our website has been accessed via your IP address. The use of Google Web Fonts is in the interest of a uniform and attractive presentation of our online offers. This represents a legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO. If your browser does not support Web Fonts, a standard font from your computer will be used.
Google LLC with its headquarters in the USA is certified for the us-European data protection agreement “Privacy Shield”, which guarantees compliance with the data protection level applicable in the EU.
9) Rights of the data subject
9.1 The applicable data protection law grants you comprehensive data subject rights (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data, about which we inform you below:
- Right of access under Art. 15 DSGVO: In particular, you have a right of access to your personal data processed by us, the purposes of processing, the categories of personal data processed, the recipients or categories of recipients to whom your data have been or will be disclosed, the planned storage period or the criteria for determining the storage period, the existence of a right of rectification, erasure, restriction of processing, opposition to processing, complaint to a supervisory authority, the origin of your data if it has not been collected from you by us, the existence of automated decision making including profiling and, if applicable, meaningful information on the logic involved and the scope and intended effects of such processing on you, as well as your right to be informed of the guarantees provided under Art. 46 DPA when your data is transferred to third countries;
- Right to correction in accordance with Art. 16 DSGVO: You have a right to immediate correction of incorrect data concerning you and/or completion of your incomplete data stored with us;
- Right to deletion in accordance with Art. 17 DSGVO: You have the right to request the deletion of your personal data if the conditions of Art. 17 para. 1 DSGVO are met. However, this right does not exist in particular if the processing is necessary for the exercise of the right to freedom of expression and information, for the fulfilment of a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims;
- Right to limit processing pursuant to Art. 18 DSGVO: You have the right to request the limitation of the processing of your personal data for as long as the accuracy of your data which you dispute is verified, if you refuse to have your data deleted due to unauthorised data processing and instead request the limitation of the processing of your data, if you require your data for the assertion, exercise or defence of legal claims, after we no longer require these data after the purpose has been achieved, or if you have lodged an objection for reasons relating to your particular situation, as long as it is not yet clear whether our legitimate reasons outweigh the objection;
- Right to information in accordance with Art. 19 DSGVO: If you have asserted the right to rectification, erasure or limitation of processing vis-à-vis the controller, the latter is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed of these recipients.
- Right to data transfer in accordance with Art. 20 DSGVO: You have the right to receive the personal data you have provided us with in a structured, common and machine-readable format or to request that it be transferred to another responsible party, insofar as this is technically feasible;
- Right to revoke consents granted pursuant to Art. 7 para. 3 DSGVO: You have the right to revoke at any time, with effect for the future, any consent to the processing of data that you have once granted. In the event of revocation, we will immediately delete the data concerned, unless further processing cannot be based on a legal basis for processing without consent. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until revocation;
- Right of appeal under Art. 77 DSGVO: If you believe that the processing of personal data relating to you is in breach of the DPA, you have the right – without prejudice to any other administrative or judicial remedy – to lodge a complaint with a supervisory authority, in particular in the Member State in which you are resident, your place of work or the place where the alleged breach occurs.
9.2 RIGHT OF OBJECTION
IF WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST IN THE CONTEXT OF A BALANCING OF INTERESTS, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME FOR REASONS ARISING FROM YOUR SPECIAL SITUATION, WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL TERMINATE THE PROCESSING OF THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE THAT THERE ARE COMPELLING REASONS FOR PROCESSING WORTHY OF PROTECTION WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.
IF YOUR PERSONAL DATA ARE PROCESSED BY US FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING. YOU CAN EXERCISE THE RIGHT TO OBJECT AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.
10) Duration of storage of personal data
The duration of the storage of personal data is determined by the respective legal retention period (e.g. commercial and tax law retention periods). After expiry of the period, the corresponding data is routinely deleted if it is no longer required for the fulfilment or initiation of the contract and/or if we have no legitimate interest in further storage.