§ 1 General matters

We are happy that you are interested in our website. Data protection is very important to our company. Therefore, use of our website is generally possible without indicating any personal data. If you want to use special services through our website, however, personal data may need to be processed. You are not obligated to provide your personal data to us. This is done freely. If you do not provide your email address, however, we cannot answer your email. Processing of your personal data (e.g. form of address, name, address, email address, phone number) always takes place in harmony with the provisions of German data protection law and the data protection law of the European Union (EU GDPR). The following provisions will inform you about the purpose of the processing, legal basis, recipients and storage periods, as well as about your rights and the controller for processing activities concerning your data.

§ 2 Name and address of the controller for processing

The data controller within the meaning of the General Data Protection Regulation is:

Bovend GmbH
DaimlerstraĂźe 5
D-74252 Massenbachhausen
Phone: +49 (0) 7138 9728-40

info@bovend.de
www.bovend.de

§ 3 Contact

(1) Purpose of the processing

We will process your personal data that you provide to us freely by email, contact form, etc., to answer and perform your requests.

(2) Legal basis

  1. a) If you have explicitly consented to processing of your data by us, point (a) of Article 6(1) GDPR shall be the legal basis for such processing.
  2. b) If we process your data to carry out contractual and/or pre-contractual measures, point (b) of Article 6(1) GDPR shall be the legal basis.
  3. c) In any other cases (in particular when using a contact form), point (f) of Article 6(1) GDPR shall be the legal basis.

RIGHT TO OBJECT:

You have the right to object to processing activities that take place based on point (f) of Article 6(1) GDPR and that do not serve direct marketing at any time based on reasons that result from your particular situation.

In case of direct marketing, you may object to processing at any time without giving any reasons, however.

(3) Legitimate interest

Our legitimate interest in processing is in communicating with you quickly and to answer your requests in a cost-efficient manner. If you inform us of your address, we reserve the right to use it for direct marketing by mail. Your interest in data protection can be preserved by sparingly passing on of data (e.g. using a pseudonym).

(4) Categories of recipients

Payment service providers, shipping service providers, hosting providers, any goods management system, any suppliers (drop shipping), possibly the service department of manufacturers.

(5) Storage duration

Your data will be deleted when the circumstances show that your request or the corresponding matter has been finally completed.

If a contract is concluded, however, the data required under commercial and tax law will be kept by us for the periods required by law, i.e. usually for ten years (cf. Section 257 German Commercial Code, Section 148 Tax Code).

(6) Revocation right

You have the right to withdraw your consent at any time in case of processing based on your consent.

§ 4 Information about cookies

(1) Purpose of the processing

This website uses technically necessary cookies. These are small text files that are stored temporarily in or by your internet browser on your computer system. Such cookies permit. e.g., the placement of several products in a shopping cart.

Other cookies will remain permanently stored and recognise your browser again the next time you visit. Such cookies make it possible, e.g., to permanently store your passwords for a customer account.

(2) Legal basis

The legal basis for this processing shall be point (f) of Article 6(1) GDPR.

(3) Legitimate interest

Our legitimate interest is in the functionality of our website. The user data collected by the technically necessary cookies and the long-term cookies described here are not used to compile user profiles. This preserves your interest in data protection.

(4) Storage duration

The technically necessary cookies are usually deleted when your browser is closed. Permanently stored cookies have differently long lifetimes that can range from a few minutes to several years.

(5) RIGHT TO OBJECT

If you do not want your cookies to be stored, please deactivate acceptance of such cookies in your internet browser. This may, however, cause limitation of the function of our website. Permanently stored cookies can also be deleted at any time through your browser.

§ 5 Rights of the data subject

If any personal data concerning you are processed, you are a data subject within the meaning of GDPR and you have the following rights towards us:

 

  1. Right of access

You may demand that we confirm whether any personal data concerning you are processed by us.

In case of such processing, you may demand the following information from us:

(1) the purposes for which the personal data are processed;

(2) the categories of personal data concerned;

(3) the recipients or categories of recipients to whom the personal data concerning you have been disclosed or will be disclosed;

(4) the planned duration of storage of the personal data concerning you or, if specific information on this cannot be provided, criteria for specification of the storage duration;

(5) the existence of the right to request from the controller rectification or erasure of personal data or a right to restriction of processing of personal data concerning the data subject or to object to such processing;

(6) the existence of the right to lodge a complaint with a supervisory authority;

(7) all available information on the origin of the data, if the personal data are not collected from the data subject;

(8) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) 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.

You have the right to be informed on whether the personal data concerning you are transmitted to a third country or an international organisation. In this context, you may demand provision of information about suitable safeguards pursuant to Article 46 GDPR in connection with transmission.

 

  1. Right to rectification

You have a right to rectification and/or completion towards us, provided that the personal data processed concerning you are inaccurate or incomplete. We must perform the rectification without undue delay.

 

  1. Right to restriction of processing

You may demand restriction of processing of the personal data concerning you under the following conditions:

(1) if you dispute the accuracy of the personal data concerning you for a duration that enables us to verify the accuracy of the personal data;

(2) if processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;

(3) if we no longer need the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims; or

(4) if you have objected to processing in accordance with Article 21(1) GDPR and it is not yet certain if our legitimate reasons override your reasons.

Where processing of the personal data concerning you has been restricted, such personal data must – with the exception of storage – only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

If the restriction of processing was limited according to the above conditions, you will be informed by us before the restriction is revoked.

 

  1. Right to erasure
  2. a) Erasure obligation

You may demand that we erase the personal data concerning you without undue delay and we are obligated to erase such data without undue delay if one of the following grounds applies:

(1) The personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

(2) You withdraw consent on which the processing was based according to point (a) of Article 6(1) or point (a) of Article 9(2) GDPR and there is no other legal basis for the processing.

(3) You object to processing in accordance with Article 21(1) GDPR and there are no overruling legitimate grounds for processing, or you object to processing in accordance with Article 21(2) GDPR.

(4) The personal data concerning you have been unlawfully processed.

(5) Erasure of the personal data concerning you is required for compliance with a legal obligation under Union or Member State law to which we are subject.

(6) The personal data concerning you have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.

  1. b) Information to third parties

If we have made the personal data concerning you public and if we are obliged pursuant to Article 17(1) GDPR to erase the personal data, we shall take reasonable steps, including technical measures, taking account of available technology and the cost of implementation, to inform data controllers who are processing the personal data that you as the data subject have requested the erasure of, by such controllers of any links to, or copy or replication of, those personal data.

  1. c) Derogations

The right to erasure shall not exist if processing is necessary

(1) for exercising the right of freedom of expression and information;

(2) for compliance with a legal obligation which requires processing by Union or Member State law to which we are subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

(3) for reasons of public interest within the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3) GDPR;

(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) GDPR in so far as the right referred to in point (a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or

(5) for the establishment, exercise or defence of legal claims.

 

  1. Right to provision of information

If you have asserted a right to rectification, erasure or restriction of processing towards us, we are obligated to inform all recipients to whom the personal data concerning you were disclosed of this rectification or erasure of data or reconstruction of processing, except if this turns out to be impossible or subject to unreasonable effort.

You have the right to provision of information about such recipients by us.

 

  1. Right to data portability

You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format. You further have the right to have these data transmitted to another controller without impairment, provided that

(1) the processing is based on consent in accordance with point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR or a contract in accordance with point (b) of Article 6(1) GDPR, and

(2) the processing is carried out by automated means.

In exercising this right, you further have the right to demand that the personal data concerning you be transmitted directly from us to another controller, where technically feasible. Freedoms and rights of other persons must not be impaired by this.

That right to data portability shall not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

 

  1. Right to object

You have the right to object, on grounds relating to your particular situation, at any time, to processing of personal data concerning you which is based on points (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions.

We shall no longer process the personal data concerning you unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

Where personal data concerning you are processed for direct marketing purposes, you shall have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you shall no longer be processed for such purposes.

You have the option to exercise the right to object in connection with use of information society services, irrespective of directive 2002/58/EC, where technical specifications are used.

 

  1. Right to revocation of the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

 

  1. Automated individual decision-making, including profiling

You have the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning you or similarly significantly affects you. This shall not apply if the decision

(1) is necessary for entering into, or performance of, a contract between you and us,

(2)        is authorised by provisions of Union or Member State law to which we are subject and which also lays down suitable measures to safeguard your rights and freedoms and your legitimate interests or

(3) is made with your express consent.

However, such decisions shall not be based on special categories of personal data referred to in Article 9(1) GDPR, unless point (a) or (g) of Article 9(2) GDPR applies and suitable measures to safeguard the rights and freedoms and your legitimate interests are in place.

Regarding the cases named in (1) and (3), we will take appropriate measures in order to preserve the rights and freedoms as well as your legitimate interests.

 

  1. Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, if you consider that the processing of personal data relating to you infringes the GDPR.

The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78.

The supervisory authority relevant for us is:

the state officer for data protection and freedom of information in Baden-Württemberg, Königstrasse 10 a, D-70173 Stuttgart.

 

General notes

We would like to point out that the data transmission on the internet (e.g. in the case of email communication) may involve gaps in security. Complete protection of the data against third-party access is not possible.

We hereby expressly object to the use by third parties of the contact data published within the scope of the imprint obligation for the transmission of not expressly requested advertisements and information materials. The providers of the pages expressly reserve the right to take legal action in the case of transmission of non-solicited advertising material, for example, by way of spam mails.

 

Data privacy in case of applications and the application procedure

The data controller collects and processes the personal data of applicants for the purpose of processing the application procedure. Processing may also take place by electronic means. This is specifically the case if an applicant transmits the corresponding application documents to the data controller electronically, e.g. by email or via a web form on the website.

If the data controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of the employment relationship, under observation of the legal rules.

If no employment contract is concluded between the data controller and the applicant, the application documents will usually be deleted four months after disclosure of the negative decision, provided that erasure is not opposed by any other legitimate interests of the data controller or if the applicant and the data controller have an interest in longer storage of the application documents or the longer storage is explicitly desired by the applicant.

Other legitimate interests in this meaning shall include evidence obligations in proceedings under the general law on equal treatment (Allgemeines Gleichbehandlungsgesetz; AGG).

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