General Part
Data protection at a glance
Article 12 of the General Data Protection Regulation obliges us to tell you how we process your data in a precise, transparent, understandable and easily accessible manner and in clear and simple language. We want to make a sincere contribution to this and summarise our privacy policy as follows. The details can be found under the summary:
Processing operations: processing operations necessary for the performance of contracts
Tools/processing procedures used, if applicable: Contact form
Target group
This data protection declaration is directed at all persons who visit our website. All personal terms refer to both male and female and diverse persons and language forms and are always to be understood with the addition "(m/f/d)".
Responsibility
The person responsible for the processing of personal data of visitors to this website within the meaning of Article 4(7) of the GDPR is:
BKR Transaktionspartner GmbH & Co. KG
Goltsteinstrasse 30-31
40211 Düsseldorf
Telefon: + 49 211 – 740 756 0
Fax: + 49 211 – 740 756 80
E-Mail: info@bkrma.com
Represented by the managing directors: Karsten Bitzer, Alexander Rupp
As far as "we" or "us" are mentioned, this refers to the responsible person shown here. No data protection officer is required by law for our company.
Rights of the website visitors
Visitors have several rights with regards to the personal data processed about them under the General Data Protection Regulation. In particular
Rights of the data subject
The following list includes all rights of data subjects under the GDPR (DSGVO). Rights that are not relevant to this website do not have to be mentioned. In this respect, the list can be shortened.
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights towards the person responsible:
1. Right of access
You may request confirmation from the person responsible as to whether your personal data is being processed by us.
If such processing is taking place, you can request the following information from the person responsible:
(1) the purposes for which the personal data is processed;
(2) the categories of personal data which are processed;
(3) the recipients or categories of recipients to whom your personal data has been or will be disclosed;
(4) the planned duration of the storage of your personal data or, if specific information on this is not possible, criteria for determining the storage period;
(5) the existence of a right to rectify or erase your personal data, a right to have processing restricted by the person responsible or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) any available information on the origin of the data if the personal data is not collected from the data subject.
You have the right to request information on whether your personal data is transferred to a third country or to an international organisation. In this context, you may request to be informed about the appropriate safeguards according to Art. 46 of the GDPR in connection with the transfer.
2. Right of rectification
You have a right of rectification and/or completion towards the person responsible if the personal data processed concerning you is inaccurate or incomplete. The person responsible shall carry out the rectification immediately.
3. Right to restrict processing
You may request the restriction of the processing of your personal data under the following conditions:
(1) you contest the accuracy of your personal data for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you object to the deletion of the personal data and request instead the restriction of the use of the personal data;
(3) the person responsible no longer needs the personal data for the purposes of the processing but you need it for the establishment, execution or defence of legal claims; or
(4) if you have objected to the processing accoring to Article 21(1) DSGVO and it has not yet been determined whether the person responsible legitimate grounds override your grounds.
Where the processing of your personal data has been restricted, such data may be processed, with the exception of storage, only with your consent or for the establishment, execution or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the person responsible before the restriction is lifted.
4. Right to cancellation
a) Cancellation obligation
You may request the that person responsible erases your personal data immediately and the person responsible is obliged to erase such data immediately if one of the following reasons applies:
(1) Your personal date is no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You withdraw your consent on which the processing based according Art. 6 (1) a or Art. 9 (2) a DSGVO and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing according to Article 21(2) of the GDPR.
(4) Your personal data has been processed been processed unlawfully.
(5) The deletion of your personal data is necessary for compliance with a legal obligation under Union or Member State law to which the person responsible is subject is subject.
(6) Your personal data has been collected in relation to information society services offered according to Article 8(1) of the GDPR.
b) Information to third parties
If the person responsible has made your personal data public and is obliged to erase it according to Article 17(1) of the GDPR, he has to take the relevant steps (considering the technology available and cost of implementation) to inform the data controllers who process personal data, that you as the affected person have requested to delete all links to and copies or replicas of your personal data.
c) Exceptions
The right to deletion does not apply if the processing is necessary for
(1) for the exercise of the right to freedom of expression and information;
(2) for compliance with a legal obligation which requires processing under Union or Member State law to which the person responsible is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the person responsible;
(3) for reasons of public interest in the area of public health according to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89(1) DSGVO, insofar as the right referred to in section (a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
(5) for the assertion, execution or defence of legal claims.
5. Right to be informed
If you have asserted the right to rectification, deletion or restriction of processing against the person responsible, the person responsible is obliged to notify all recipients to whom your personal data has been disclosed of such rectification, deletion or restriction of processing, unless this proves impossible or requires a disproportionate effort. You have the right to receive information about these recipients from the person responsible.
6. Right to data transfer
You have the right to receive your personal data that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another person responsible without hindrance from the person responsible to whom the personal data has been provided, if
(1) the processing is based on consent according to Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract according to Art. 6 para. 1 lit. b DSGVO and
(2) the processing is carried out with the help of automated procedures.
In exercising this right, you also have the right to have your personal data transferred directly from one person responsible to another person responsible, insofar as this is technically feasible. This must not affect the freedoms and rights of other persons.
The right to data portability does not apply to the 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 person responsible.
7. Right to object
You have the right to object at any time, on grounds relating to your particular situation, to the processing of your personal data which is carried out on the basis of Article 6(1)(e) or (f) DSGVO; this also applies to profiling based on these provisions.
The person responsible shall no longer process the your personal data unless he can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.
If your personal data is processed for the purposes of direct marketing, you have the right to object at any time to the processing of your personal data for the purposes of such marketing; this also applies to profiling if it is related to such direct marketing.
If you object to the processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.
8. Right to revoke the declaration of consent in accordance with the data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
9. Automated decision-making in individual cases, 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 does not apply if the decision.
(1) is necessary for the conclusion or performance of a contract between you and the person responsible,
(2) is permitted by legislation of the Union or the Member States to which the person responsibleis subject and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests; or
(3) is done with your express consent.
However, these decisions may not be based on special categories of personal data according to Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.
With regard to the cases mentioned in (1) and (3), the person responsible shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, which include at least the right to obtain the intervention of a person on the part of the person responsible, to express his or her point of view and to contest the decision.
10. Right to complain to 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 residence, place of work or the place of the alleged infringement, if you consider that the processing of your personal data infringes the GDPR. The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.
Objection to advertising mails
The use of contact data published within the scope of the imprint obligation to send advertising and information material that has not been expressly requested is hereby prohibited. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, such as spam e-mails.
Special protection for children and young people
Personal data of children and adolescents under the age of 16 are neither stored nor processed by the responsible party.
TSL encoding
For reasons of security and to protect the transmission of confidential content, such as enquiries that you send to us as the site operator, this site uses TSL encoding. You can recognise an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.
If TSL encoding is activated, the data you transmit to us cannot be read by third parties.
Note on the legal processing obligation
Only if we refer to Article 6 (1) sentence 1 lit. c DSGVO in the following data protection declaration is there a legal obligation to process.
Processing operations necessary for the performance of contracts (primary legal basis Article 6(1) sentence 1 lit. b DSGVO).
Below is general information about the purpose and legal basis of personal data processing operations.
(1) The purpose of the processing operations described below is the establishment, performance, termination of contracts as well as the defence against claims on your part which are directly or indirectly related to the respective contract.
(2) As far as the purpose of the processing is the establishment, performance, termination of contracts, the legal basis for the processing of your personal data is Article 6 (1) sentence 1 lit. b DSGVO. According to this provision, the processing of your personal data is also permissible without your consent if it is necessary for the performance of a contract to which you are a party or for the performance of pre-contractual measures which are carried out at your request.
(3) As far as the purpose of the processing is the defence against claims on your part which are directly or indirectly related to the respective contract, Section 212 UGB paragraph 1, 2nd half sentence in conjunction with Article 6 paragraph 1 sentence 1 lit. b DSGVO shall also apply. Article 6 paragraph 1 sentence 1 lit. c DSGVO is the legal basis. According to this, we are obliged to store your data for as long as they are relevant for pending judicial or official proceedings in which we have party status.
(4) The legal basis we have mentioned under paragraph 2 also applies if we process your data in your capacity as an applicant or current or former employee on this website.
(5) As far as we refer to Article 6(1) sentence 1 lit. f DSGVO, you have the right to object to the processing, which in cases of justified objection leads to an end to the processing based on this. And insofar as we do not expressly refer to Article 6(1) sentence 1 lit. c DSGVO, there is no obligation to process.
General information on data retention period in the context of the processing operations described below
(1) We store the data as long as this is necessary in order to establish, execute and, if applicable, terminate the contract and/or to defend ourselves against claims by you that are directly or indirectly related to the respective contract.
(2) If we process your data as an applicant on this website, we will generally store the data until a final decision on your application is made, and
1. in the event of rejection for a further six months after rejection, whereby the legal basis for the six-month storage is Article 6(1) sentence 1 lit. f DSGVO and our legitimate interest follows from the right to defend against complaints under the GlBG (cf. Section 15 GlBG),
2. in the event that we ask you whether you wish to be included in our applicant pool and you say yes, until the time of revocation of your consent, whereby the legal basis for this storage is your consent pursuant to Article 6(1) sentence 1 lit. b DSGVO.
(3) If we refer to Article 6(1) sentence 1 lit. f DSGVO, you have the right to object to the processing, which in cases of justified objection leads to an end of the processing based on this. If we do not explicitly refer to Art. 6 (1) (1) (c) DSGVO, there is no obligation to process.
Contact form
(1) We would like to briefly describe this processing operation: We provide you with a contact form on this website. We will receive and check the data processed via this and use it to reply to you if necessary.
(2) In doing so, we generally process the following data received from you:
1. the contact data you have entered,
2. the communication data.
Note for "Consent" legal basis
(1) If we have obtained consent from you for processing, you have the right to revoke this consent at any time with effect for the future. As a rule, this is possible by sending an informal message to us (see above "Person responsible.").
(2) Furthermore, we would like to point out that we process further of your personal data within the scope of obtaining your consent. These are, on the one hand, identity features (such as your name, your e-mail address, your IP address) and, on the other hand, protocol data on consent (time of consent, status of consent, scope of consent). We base this data processing on Article 6 (1) sentence 1 lit. c DSGVO in conjunction with. Article 7 paragraph 1 DSGVO. The purpose is the need to prove that you have given your consent.
(3) We store the identification data and protocol data for consent for three years, which starts on the day you gave your consent (see Art. 6 (1) sentence 1 lit. f DSGVO in conjunction with § 1489 ABGB).
Informational use of the website
(1) If you use our website purely for information purposes, i.e. if you do not register as a user or otherwise transmit information, we collect the following data from you: IP address, date and time of the request, time zone difference to Greenwich Mean Time (GMT), content of the request (specific page), access status/HTTP status code, amount of data transferred in each case, website from which the request comes, browser, operating system and its interface, language and version of the browser software. We receive this data via cookies and directly from your browser.
(2) The purpose of this processing is the provision of our website.
Information on data protection and the collection of personal data on social media platforms
In the following, we inform you about the handling of your personal data on social media platforms ( LinkedIn). Here, personal data is any data by which you can be personally identified. Please check carefully what personal data you share with us via social media platforms.
We expressly point out that LinkedIn stores the data of the users of its services (e.g. personal information, IP address, etc.) and may also use this data for business purposes. We have no influence on the data collection and further processing by LinkedIn. Furthermore, it is not apparent to us to what extent, where and for how long the data is stored, to what extent LinkedIn complies with existing deletion obligations, what evaluations and links are made with the data and to whom the data is passed on. If you would like to avoid LinkedIn processing personal data that you have transmitted to us, please contact us by other means. Our full contact details can be found in our imprint on our website.
For more information, please read LinkedIn's privacy policy at: https://www.linkedin.com/legal/privacy-policy. LinkedIn is a social media network of the company LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA.
Rights management
(1) You have certain rights towards us (cf. general section, rights of visitors of- the website). If you assert rights against us, we will process the related contact, communication and transaction data.
(2) We process your data as follows:
1. We receive your request.
2. We examine your request
3. We comply with your request if it is justified.
4. We store the associated data.
(3) Whereas the processing referred to in paragraph 2(1) - (3) is justified by Article 6(1)(1)(c) of the GDPR (we are generally obliged to process your requests under the GDPR), the purpose of the storage (paragraph 2(4)) is that we store the data in order to be able to defend ourselves against claims from you at a later date. This is also our legitimate interest. We store your data for three years, whereby the period begins on the day on which you made your request/input (cf. Article 6 (1) sentence 1 lit. f DSGVO).
Cookie consent notice with cookie consent banner
When you use our website, we use cookies and/or tags for various functions that may be stored on your terminal device. These features are necessary to ensure the basic functionality of the website. These cookies are absolutely necessary for us to be able to offer you our website and all of its features. Therefore, you cannot cancel them if you want to use our website.
With your consent, we use the data for analysis and measurement purposes to understand how we can use and improve our services. For example, we analyse data about your visits to our websites to optimise the design and features of our products.
Data processing when using Google Analytics
(1) To analyse your user behaviour on our website, we use the following service provider with its tool described in more detail in the heading: Google LLC, 1600 Amphitheatre Parkway, Mountain View, California 94043. If you are based within the European Economic Area, your data will also be processed by Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland. We would like to briefly describe this processing procedure: The tool uses so-called "cookies". These are text files that are stored on your computer and enable an analysis of your use of the website. The provider will use this information on our behalf for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The privacy policy of this provider can be found here: https://policies.google.com/privacy?fg=1.
(2) The purpose can be described as follows: We use this tool to analyse and regularly improve the use of our website. The statistics obtained enable us to improve our offer and make it more interesting for you as a user. You can find more information about the type and manner of processing via this provider here: https://marketingplatform.google.com/intl/de/about/analytics/.
(3) In doing so, we generally process the following data from you: This tool uses so-called "cookies". These are text files that are stored on your computer and enable an analysis of your use of the website. The information generated by this about your use of this website is usually transferred to a server of the provider in the USA and stored there. However, your IP address will be truncated beforehand by the provider within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a server of the provider in the USA and shortened there. The IP address transmitted by your browser when using this tool is not merged with other data by the provider. We also use this tool for a cross-device analysis of visitor flows, which is carried out via a user ID. You can deactivate the cross-device analysis of your usage in your customer account under "My data", "Personal data". For your information, we would like to point out that we use this tool with the extension "_anonymizeIp()". This means that IP addresses are processed in abbreviated form, which means that they cannot be linked to a specific person. If the data collected about you is related to a person, this is immediately excluded and the personal data is deleted immediately.
(4) The data processing operations are also not prevented by the fact that the data may be processed outside the European Union by the provider; possibly in cooperation with Google LLC. This is because the processing of your personal data via this tool only takes place if you consent to the associated data transfer to the USA (cf. Article 49(1)(a) DSGVO). Please be sure to read our risk information beforehand (cf. General Section/Special Constellation: Consent to Transfer to Third-Party Entities Located in the USA, including the risk information).
Data transfer to entities outside the European Union
(1) It is possible that we transfer personal data to bodies that are located outside the European Union or at least cannot exclude this (hereinafter: third country body). In these cases, we must guarantee in accordance with Article 44 of the GDPR that the level of protection provided by the GDPR will not be undercut. As a precaution, we would like to point out that the third country body can be both a controller and a processor.
(2) As we refer to a so-called adequacy decision in the following declaration, this means that the third country body is located in a country, territory or specific sector for which the Commission has decided that it offers an adequate level of protection. This guarantee then follows from Article 45 GDPR.
(3) Since we refer to the so-called standard contractual clauses in the following declaration, this means that the third country body accepts the so-called EU standard contractual clauses and has thus contractually committed itself to respecting the level of protection of the General Data Protection Regulation. This guarantee then follows from Article 46(1) and (5) of the GDPR.
(4) Since we refer in the following statement to the fact that you have consented to the transfer to the third country body, this means that you have been informed about all existing possible risks of such transfers for which there is no adequacy decision or other guarantees and have nevertheless consented to the data transfer. This guarantee then follows from Article 49(1)(a) of the GDPR. For reasons of transparency, we describe the corresponding risks in a separate section.
(5) We are only providing this information as a precautionary measure. It only applies if we refer to it in the following declaration. It is also possible that we may not use it.