We are delighted about your interest in our network. Data protection has a particularly high priority for berlin-communication. It is possible to use the Internet pages of the berlin-communication network without providing any personal data. However, if a data subject wants to use special services via our website, it could become necessary to process personal data. 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.
As the controller, the members of berlin-communication have implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can always be subject to security vulnerabilities, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to submit personal data to us by alternative means, for example by telephone.
- (a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person is one who 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
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
- © Processing
Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automatic means, such as collection, recording, organisation, 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 processing in future.
- (e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
- (f) Pseudonymisation
Pseudonymisation 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 organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
- (g) Controller
The controller 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 designation may be provided for under Union or Member State law.
- (h) Processor
Processor means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
- (i) Recipient
Recipient means a natural or legal person, public authority, agency or other 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 other body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
- (k) Consent
Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
- Name and address of the controller
The person responsible 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 of a data protection nature is:
- Collection of general data and information
The berlin-communication website collects a series of general data and information every time a data subject or automated system calls up the website. These general data and information are stored in the server’s log files. The following data 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 accesses our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (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, berlin-communication does not draw any conclusions about the data subject. Rather, this information is required in order to (1) deliver the content of our website correctly, (2) optimise the content of our website as well the advertisement of it, (3) ensure the continued functionality of our information technology systems and the technology used for our website as well as (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyber-attack. The data and information collected anonymously are therefore evaluated by berlin-communication both for statistical reasons as well as for the purpose of increasing data protection and data security in our network in order to ultimately ensure an optimal level of protection for personal data processed by us. The anonymous data in the server log files are stored separately from any personal data provided by a data subject.
The Internet pages of berlin-communication sometimes use so-called cookies. Cookies are text files that are stored on a computer system via an internet browser.
The data subject can prevent the setting of cookies by this 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 can be deleted at any time via an internet browser or other software programmes. 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 this website may be fully usable.
- Routine erasure and blocking of personal data
The controller shall process and store personal data about the data subject only for the time necessary to achieve the purpose of storage or where provided for by European regulators and legislators or another legislator in laws or regulations to which the controller is subject.
If the purpose of storage no longer applies, or if a storage period prescribed by European regulators and legislators or another competent legislator expires, the personal data will be routinely blocked or erased in accordance with the statutory provisions.
- Rights of the data subject
- a) Right to confirmation
Every data subject has the right, granted by the European legislative and regulatory authorities, to obtain from the controller confirmation as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact a member of the berlin-communication network responsible for processing the personal data (controller).
- b) Right of access
Any person affected by the processing of personal data has the right, granted by the European legislative and regulatory authorities, to obtain from the controller free information at any time about the personal data stored about him or her and a copy of this information. Furthermore, the European legislative and regulatory authorities have granted the data subject access to the following information:
- The purpose of the processing
- The categories of personal data concerned
- 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 organisations
- Where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
- The existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing
- The right to lodge a complaint with a supervisory authority
- Where the personal data are not collected from the data subject, any available information as to their source
- The existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the 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
Furthermore, the data subject has the right to be informed whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right of access, he or she may, at any time, contact a member of the berlin-communication network responsible for processing the personal data (controller).
- c) Right to rectification
Any person affected by the processing of personal data has the right, granted by the European legislative and regulatory authorities, to demand the rectification without undue delay of inaccurate personal data concerning him or her. Furthermore, taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise the right to rectification, he or she may, at any time, contact any member of the berlin-communication network responsible for processing the personal data (controller).
- d) Right to erasure (right to be forgotten)
Any person affected by the processing of personal data has the right, granted by the European legislative and regulatory authorities, to obtain from the controller the erasure of personal data concerning him or her without undue delay, where one of the following grounds applies and insofar as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed
- The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing
- The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR
- The personal data have been unlawfully processed
- The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR
If one of the aforementioned reasons applies, and a data subject wishes to arrange for the erasure of personal data stored by berlin-communication, he or she may, at any time, contact any member of the berlin-communication network responsible for processing the personal data (controller). The network member from berlin-communication will arrange for the erasure request to be complied with immediately.
Where the personal data have been made public by members of berlin-communication and our network, as the controller, is obliged to erase the personal data pursuant to Article 17(1) GDPR, berlin-communication shall, taking into account available technology and the cost of implementation, take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data. The network member from berlin-communication will arrange for the necessary action to be taken in individual cases.
- e) Right to restriction of processing
Any person affected by the processing of personal data has the right, granted by the European legislative and regulatory authorities, to obtain from the controller restriction of processing where one of the following conditions applies:
- 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 and the data subject opposes the erasure of the personal data and requests the restriction of their use instead
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims
- The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by berlin-communication, he or she may, at any time, contact the berlin-communication network member responsible for processing. The network member from berlin-communication will arrange the restriction of the processing.
- f) Right to data portability
Any person affected by the processing of personal data has the right, granted by the European legislative and regulatory authorities, to receive the personal data concerning him or her, which the data subject has provided to a controller, in a structured, commonly used and machine-readable format. He/she also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, provided that the processing is based on consent pursuant to point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR or on a contract pursuant to point (b) of Article 6(1) GDPR and the processing is carried out by automated means, unless the processing is 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 his or her right to data portability pursuant to Article 20(1) GDPR, the data subject has the right to have the personal data transferred directly from one controller to another, to the extent that this is technically feasible and provided that this does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact the network member of berlin-communication with whom the data subject has a business relationship.
- g) Right to object
Any person affected by the processing of personal data has the right, granted by the European legislative and regulatory authorities, to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article (1) GDPR. This also applies to profiling based on these provisions.
The members of berlin-communication shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If berlin-communication processes personal data for direct marketing purposes, the data subject has the right to object at any time to processing of personal data concerning him or her for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to processing for direct marketing purposes by berlin-communication, berlin-communication will no longer process the personal data for such purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by berlin-communication for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may directly contact the member of berlin-communication with whom the business relationship exists. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
- h) Automated individual decision-making, including profiling
Any person affected by the processing of personal data has the right, granted by the European legislative and regulatory authorities, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, provided that the decision (1) is not necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is authorised by Union or Member State law to which the controller is subject and which always 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 data controller, or (2) it is made with the data subject’s explicit consent, berlin-communication shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact the member from the berlin-communication network responsible for processing (controller)
- i) Right to revoke consent under data protection law
Any person affected by the processing of personal data has the right, granted by the European legislative and regulatory authorities, to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact the member from the berlin-communication network responsible for processing (controller)
- Data protection in job applications and in the job application process
The controller collects and processes the personal data of job applicants for the purpose of managing the job application procedure. The processing may also be carried out electronically. This is particularly the case if a job applicant sends the relevant application documents to the controller electronically, for example by email or via a web form on the website. If the controller concludes an employment contract with a job applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with statutory provisions. If the controller does not conclude an employment contract with the job applicant, the application documents shall be automatically erased two months after providing notification of the rejection decision, provided that erasure does not conflict with any other legitimate interests of the controller. Other legitimate interests in this sense include, for example, a duty to provide evidence in proceedings under the German General Equal Treatment Act (AGG).
The controller has integrated Google AdWords on this website. Google AdWords is an internet advertising service that enables advertisers to place ads both in Google’s search engine results and in the Google advertising network. Google AdWords allows an advertiser to predefine specific keywords in advance, by means of which an ad is displayed in Google’s search engine results exclusively when the user retrieves a keyword-relevant search result with the search engine. In the Google advertising network, the ads are distributed on topic-relevant websites using an automatic algorithm and in compliance with the predefined keywords.
The company operating the Google AdWords services is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043–1351, USA.
The purpose of Google AdWords is to advertise our website by displaying interest-relevant advertising on the websites of third-party companies and in the search engine results of the Google search engine, and to display third-party advertising on our website.
If a data subject accesses our website via a Google advertisement, a so-called conversion cookie will be stored by Google on the data subject’s information technology system. What cookies are has already been explained above. A conversion cookie loses its validity after thirty days and is not used to identify the data subject. If the cookie has not yet expired, the conversion cookie is used to track whether certain sub-pages, for example the shopping cart from an online shop system, have been called up on our website. The conversion cookie enables both us and Google to track whether a data subject who has accessed our website via an AdWords ad has generated a sale, i.e. has completed or cancelled a purchase.
The data and information collected through using the conversion cookie are used by Google to compile visit statistics for our website. These visit statistics are in turn used by us to determine the total number of users who were referred to us via AdWords ads, i.e. to ascertain the success or failure of the respective AdWords ad and to optimise our AdWords ads for the future. Neither our network nor other Google AdWords advertisers receive information from Google that could identify the data subject.
The conversion cookie stores personal information, for example the web pages visited by the data subject. Each time our website is visited, personal data, including the IP address of the Internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may share this personal data collected through the technical process with third parties.
The data subject can prevent our website from setting cookies, as described above, at any time by appropriately adjusting the settings on the Internet browser used and thus permanently preventing the setting of cookies. Such a setting of the internet browser used would also prevent Google from setting a conversion cookie on the information technology system used by the data subject. In addition, a cookie already set by Google AdWords can be deleted at any time using the internet browser or other software programs.
Furthermore, the data subject can object to interest-based advertising by Google. To do this, the data subject must call up the link www.google.de/settings/ads from any of the internet browsers he or she uses and make the desired settings there.
- Legal basis of the processing
Article 6 I lit. a GDPR provides our network with the legal basis for processing operations in 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 that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Article 6 I lit. b GDPR. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in the case of enquiries about our products or services. If our network is subject to a legal obligation through which the processing of personal data becomes necessary, such as for the fulfilment of tax obligations, the processing is based on Article 6 I lit. c GDPR. In rare cases, the processing of personal data might become necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and, as a result, their name, age, health insurance details or other vital information would need to be passed on to a doctor, hospital or other third party. Then the processing would be based on Article 6 I lit. d GDPR. Ultimately, processing operations could be based on Article 6 I lit. f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our network or a third party, provided that the interests or the fundamental rights and freedoms of the data subject are not overriding. We are, in particular, permitted to carry out such processing operations because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47, second sentence GDPR).
- Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f GDPR, the legitimate interest of the respective network member is the performance of the network’s business activities to benefit the well-being of all members in the network.
- Duration for which the personal data are stored
The criterion for the duration for storing personal data is the respective statutory retention period. Once this period has expired, the corresponding data are routinely erased if they are no longer required for the fulfilment or initiation of the contract.
- Legal or contractual requirements to provide the personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). In order to conclude a contract, it may sometimes be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data when a member of our network concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before the data subject provides the personal data, the data subject must contact the network member with whom the business relationship exists. The network member shall inform the data subject on a case-by-case basis whether the provision of personal data is legally or contractually required, or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.
- Existence of automated decision-making
As a responsible network, we do not use automatic decision-making or profiling.