Data protection information

Data protection information

Thank you very much for your interest in our company. The management of Breinlinger Ingenieure Hoch- und Tiefbau GmbH attaches great importance to data protection. The use of the Breinlinger Ingenieure Hoch- und Tiefbau GmbH internet pages is basically possible without any input of personal data. However, if a person in question wishes to make use of special services provided by our company via our website, personal data may have to be processed. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the person in question.

The processing of personal data, such as the name, address, e-mail address or telephone number of a person in question is always carried out in accordance with the Basic Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to Breinlinger Ingenieure Hoch- und Tiefbau GmbH. With this data protection declaration, our company wishes to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, this data protection declaration will inform the persons in question about their rights.

Breinlinger Ingenieure Hoch- und Tiefbau GmbH as the data controller has implemented numerous technical and organisational measures to ensure the most complete possible protection of personal data processed via this website. Nevertheless, Internet-based data transmissions can in principle have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person in question is free to transmit personal data to us by alternative means, such as telephone.

1. Definitions

The data protection declaration of Breinlinger Ingenieure Hoch- und Tiefbau GmbH is based on the terms used by the European directive and regulation maker when the Data Protection Basic Ordinance (DS-GVO) was issued. Our data protection declaration should be easy to read and understand both for the public and for our customers and business partners. In order to guarantee this, we would like to explain the terms used in advance.

We use the following terms in this data protection declaration:

  • a) Personal details

    Personal data is any information relating to an identified or identifiable natural person (hereinafter “person in question”). A natural person shall be considered identifiable if they 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 one or more specific characteristics expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.

  • b) Person in question

    The person in question means any identified or identifiable natural person whose personal data is processed by the data controller.

  • c) Processing

    Processing means any operation or set of operations which is carried out with or without the aid of automated processes and which relates to personal data, such as collection, recording, organisation, sorting, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or association, qualification, erasure or destruction.

  • d) Restriction of processing

    Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.

  • e) Profiling

    Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movement of that natural person.

  • f) Pseudonymisation

    Pseudonymisation means the processing of personal data in such a way that the personal data can no longer be attributed to a specific person in question without the provision of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.

  • g) Responsible agent or data controller

    The responsible agent or the data controller is 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 laid down by union law or by the law of the member states, the controller or controllers may be designated in accordance with union law or with the law of the member states on the basis of specific criteria.

  • h) Processor

    Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

  • i) Recipient

    The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities that may receive personal data in the course of a specific investigation task under union law or the law of the member states shall not be considered as recipients.

  • j) Third party

    Third party means any natural or legal person, public authority, agency or body other than the person in question, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or processor.

  • k) Consent

    Consent shall mean any voluntary, informed and unambiguous expression by the person in question of their will in the particular case, in the form of a statement or other unequivocal confirmatory act, indicating that the person in question consents to the processing of their personal data.

2. The name and address of the data controller

The responsible agency within the meaning of the Basic 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 the:

Breinlinger Ingenieure Hoch- und Tiefbau GmbH

Kanalstraße 1-4

78532 Tuttlingen

Deutschland

Tel.: +49 7461-184-0

E-Mail: office@breinlinger.de

Website: www.breinlinger.de

3. Name and address of the data protection officer

The data protection officer of the data controller is:

Ms. Sarina Pirek

Breinlinger Ingenieure Hoch- und Tiefbau GmbH

Kanalstraße 1-4

78532 Tuttlingen

Deutschland

Tel.: +49 7461 184 0

E-Mail: sarina.pirek@breinlinger.de

Website: www.breinlinger.de

Any person in question can contact our data protection officer directly at any time with any questions and suggestions regarding data protection.

4. Cookies

The internet pages of Breinlinger Ingenieure Hoch- und Tiefbau GmbH use cookies. Cookies are text files which are stored on a computer system via an Internet browser.

Numerous Internet pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the person in question from other Internet browsers that contain other cookies. A particular Internet browser can be recognized and identified by its unique cookie ID.

Through the use of cookies, Breinlinger Ingenieure Hoch- und Tiefbau GmbH can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.

By using a cookie, the information and offers on our website can be optimised in the interests of the user. As already mentioned, cookies enable us to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter their access data each time they visit the website because this is taken over by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping basket in the online shop. The online shop remembers the items that a customer has placed in the virtual shopping basket via a cookie.

The person in question can prevent the setting of cookies by our 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 programs. This is possible in all common Internet browsers. If the person in question deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable under certain circumstances.

5. Collection of general data and information

The website of Breinlinger Ingenieure Hoch- und Tiefbau GmbH collects a series of general data and information each time a person in question or an automated system accesses the website. This general data and information is stored in the log files of the server. This general data and information is stored in the log files of the server. The (1) browser types and versions used can be recorded, (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-sites which 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 used to avert dangers in the event of attacks on our information technology systems.

Breinlinger Ingenieure Hoch- und Tiefbau GmbH does not draw any conclusions about the person in question when using this general data and information. This information is needed (1) to correctly deliver the content of our website, (2) to optimize the content and advertising of our website, (3) to ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber attack. This anonymous data and information is therefore evaluated by Breinlinger Ingenieure Hoch- und Tiefbau GmbH both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimum level of protection for the personal data we process. The anonymous data of the server log files is stored separately from all personal data provided by the person in question.

6. Possibility to contact us via the website

Due to legal regulations, the website of Breinlinger Ingenieure Hoch- und Tiefbau GmbH contains information that enables quick electronic contact with our company as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a person in question contacts the data controller by e-mail or via a contact form, the personal data transmitted by the person in question is automatically stored. Such personal data transmitted voluntarily by a person in question to the data controller is stored for the purposes of processing or contacting the person in question. This personal data will not be passed on to third parties.

7. Routine deletion and blocking of personal data

The data controller shall process and store the personal data of the person in question only for the period of time necessary to achieve the storage purpose or where provided for by the European directive and regulation maker or another legislator in laws or regulations to which the data controller is subject.

If the storage purpose no longer applies or if a storage period prescribed by the European directive and regulation maker or another competent legislator expires, the personal data shall be blocked or deleted routinely and in accordance with the statutory provisions.

8. Rights of the person in question

  • a) Right to confirmation

    Any person in question shall have the right, granted by the European directive and regulation maker, to obtain a confirmation from the data controller as to whether personal data relating to them is being processed. If a person in question wishes to exercise this right of confirmation, they may at any time contact an employee of the data controller.

  • b) Right of access

    Any person in question whose personal data has been processed has the right, granted by the European directive and regulation maker, to obtain at any time, free of charge, from the data controller, information on the personal data relating to them which has been stored and a copy of that information. Furthermore, the European directive and regulation maker has granted the person in question access to the following information:

    • Processing purposes
    • Categories of personal data processed
    • 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
    • If possible, the planned duration for which the personal data will be stored or, if that is not possible, the criteria for determining that duration
    • The existence of a right to the rectification or erasure of personal data concerning them or to the limitation of the processing carried out by the controller or of a right to object to such processing
    • The existence of a right of appeal to a supervisory authority
    • If the personal data is not collected from the person in question: All available information on the origin of the data
    • The existence of automated decision-making, including profiling, in accordance with Article 22 paragraphs 1 and 4 of the DS-GVO and, at least in these cases, meaningful information on the logic involved, the scope and the intended effects of such processing on the person in question

    The person in question also has the right to know whether personal data have been transferred to a third country or to an international organisation. If this is the case, the person in question shall also have the right to obtain information on the appropriate safeguards in connection with the transfer.

    If a person in question wishes to exercise this right of access, they may at any time contact a member of staff of the data controller.

  • c) Right to rectification

    Any person in question whose personal data has been processed has the right, granted by the European directive and regulation maker, to request the rectification without delay of inaccurate personal data concerning them. Furthermore, the person in question shall have the right, having regard to the purposes of the processing, to request the completion of incomplete personal data, including the use of a supplementary statement.

    If a person in question wishes to exercise this right of rectification, they may at any time contact a member of staff of the data controller.

  • d) Right to deletion (right to be forgotten)

    Any person in question whose personal data has been processed shall have the right, granted by the European directive and regulation maker, to require the controller to erase without delay personal data concerning them which is subject to one of the following conditions and to the extent that the processing is not necessary:

    • Personal data has been collected or otherwise processed for purposes for which they are no longer necessary.
    • The person in question withdraws their consent on which the processing was based pursuant to Art. 6 para. 1 letter a DS-GVO or Art. 9 para. 2 letter a DS-GVO and there is no other legal basis for the processing.
    • The person in question objects to the processing under Article 21 para. 1 DS-GVO and there are no overriding legitimate reasons for the processing or the person in question objects to the processing under Article 21 para. 2 DS-GVO.
    • The personal data has been processed unlawfully.
    • The deletion of the personal data is necessary to fulfil a legal obligation under union law or the law of the member states to which the controller is subject.
    • The personal data was collected in relation to information society services offered pursuant to Art. 8 para. 1 DS-GVO.

    If one of the above reasons applies and a person in question wishes to have personal data stored at Breinlinger Ingenieure Hoch- und Tiefbau GmbH deleted, they can contact an employee of the data controller at any time. The employee of Breinlinger Ingenieure Hoch- und Tiefbau GmbH will ensure that the request for deletion is complied with immediately.

    If the personal data has been made public by Breinlinger Ingenieure Hoch- und Tiefbau GmbH and our company is responsible in accordance with Art. 17 para. 1 DS-GVO, Breinlinger Ingenieure Hoch- und Tiefbau GmbH shall take appropriate measures, including technical measures, to inform other data controllers who process the published personal data that the person in question has requested the deletion of all links to this personal data or copies or replications of this personal data from these other persons responsible for data processing, insofar as the processing is not necessary, taking into account the available technology and the implementation costs. The employee of Breinlinger Ingenieure Hoch- und Tiefbau GmbH will take the necessary steps in individual cases.

  • e) Right to limitation of processing

    Any person in question whose personal data has been processed has the right, granted by the European directive and regulation maker, to request the controller to limit the processing if one of the following conditions is met:

    • The correctness of the personal data is contested by the person in question for a period of time which allows the data controller to verify the correctness of the personal data.
    • The processing is unlawful and the person in question refuses to delete the personal data and instead requests that the use of the personal data be restricted.
    • The controller no longer needs the personal data for the purposes of processing, but the person in question needs it for the assertion, exercise or defence of legal rights.
    • The person in question has lodged an objection to the processing pursuant to Art. 21 para. 1 DS-GVO and it is not yet clear whether the legitimate reasons of the data controller outweigh those of the person in question.

    If one of the above conditions is met and a person in question wishes to request the restriction of personal data stored at Breinlinger Ingenieure Hoch- und Tiefbau GmbH, they can contact an employee of the data controller at any time. The employee of Breinlinger Ingenieure Hoch- und Tiefbau GmbH will arrange for the processing to be restricted.

  • f) Right to data transferability

    Any person in question whose personal data has been processed has the right, granted by the European directive and regulation maker, to obtain personal data concerning them which have been provided by the person in question to a controller, in a structured, common and machine-readable format. It also has the right to communicate this data to another controller without being hindered by the controller to whom the personal data have been provided, as long as that the processing is based on the consent pursuant to Art. 6 para. 1 letter a DS-GVO or Art. 9 para. 2 letter a DS-GVO or on a contract pursuant to Art. 6 para. 1 letter b DS-GVO and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority entrusted to the controller.

    Furthermore, when exercising their right to data transferability pursuant to Art. 20 para. 1 DS-GVO, the person in question shall have the right to have the personal data be directly transferred from one controller to another, insofar as this is technically feasible and insofar as this does not impair the rights and freedoms of other persons.
    In order to assert the right to data transfer, the person in question can contact an employee of Breinlinger Ingenieure Hoch- und Tiefbau GmbH at any time.

  • g) Right of objection

    Any person in question whose personal data has been processed has the right, granted by the European directive and regulation maker, to object at any time, for reasons related to their particular situation, to the processing of personal data concerning them on the basis of Art. 6 para. 1 letter e or f of the DS-GVO. This also applies to profiling based on these provisions.

    Breinlinger Ingenieure Hoch- und Tiefbau GmbH will no longer process personal data in the event of objection, unless we can prove compelling grounds for processing worthy of protection which outweigh the interests, rights and freedoms of the person in question, or the processing serves to assert, exercise or defend legal claims.

    If Breinlinger Ingenieure Hoch- und Tiefbau GmbH processes personal data in order to conduct direct advertising, the person in question has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling as far as it is connected with such direct advertising. If the person in question objects to Breinlinger Ingenieure Hoch- und Tiefbau GmbH processing the data for direct marketing purposes, Breinlinger Ingenieure Hoch- und Tiefbau GmbH will no longer process the personal data for these purposes.

    In addition, the person in question has the right, for reasons arising from their particular situation, to object to the processing of personal data concerning them by Breinlinger Ingenieure Hoch- und Tiefbau GmbH for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 of the DS-GVO, unless such processing is necessary for the performance of a task in the public interest.

    In order to exercise the right to object, the person in question may directly contact any employee of Breinlinger Ingenieure Hoch- und Tiefbau GmbH or another employee. The person in question is also free to exercise their right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures in which technical specifications are used.

  • h) Automated decisions in individual cases including profiling

    Any person in question whose personal data has been processed has the right under the European directive and regulation maker not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects upon them or significantly affects them in a similar fashion, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the person in question and the data controller, or (2) is authorised by Union or national law or by the Member States to which the data controller is subject and which provides for adequate measures to safeguard the rights and freedoms and the legitimate interests of the person in question, or (3) is taken with the express consent of the person in question.

    If the decision (1) is necessary for the conclusion or performance of a contract between the person in question and the controller or (2) is made with the express consent of the person in question, Breinlinger Ingenieure Hoch- und Tiefbau GmbH shall take appropriate measures to protect the rights and freedoms as well as the legitimate interests of the person in question, including at least the right to obtain the intervention of a person on the part of the controller to state their own position and to challenge the decision.

    If the person in question wishes to assert rights relating to automated decisions, they may at any time contact an employee of the data controller for this purpose.

  • i) Right to revoke a consent under data protection law

    Any person in question whose personal data has been processed has the right, granted by the European directive and regulation maker, to revoke consent to the processing of personal data at any time.

    If the person in question wishes to exercise their right to withdraw consent, they may do so at any time by contacting an employee of the data controller.

9. Data protection for applications and in the application process

The data controller collects and processes the personal data of applicants for the purpose of processing the application procedure. Processing may also be carried out electronically. This is particularly the case if an applicant submits the relevant application documents electronically, for example by e-mail or via a web form on the website, to the data controller. If the data controller concludes an employment contract with an applicant, the transferred data shall be stored for the purpose of processing the employment relationship in accordance with the statutory provisions. If the data controller does not conclude an employment contract with the applicant, the application documents shall be automatically deleted two months after notification of the rejection decision, unless deletion conflicts with any other legitimate interests of the data controller. Other legitimate interests in this sense include, for example, the duty to provide evidence in proceedings under the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz – AGG).

10. Privacy policy for the use of Google Analytics (with anonymisation function)

The data controller has integrated the Google Analytics component (with anonymisation function) on this website. Google Analytics is a web analysis service. Web analysis is the collection and evaluation of data on the behaviour of visitors to Internet pages. A web analysis service collects data on, among other things, from which website a person in question has accessed a website (so-called referrers), which subpages of the website have been accessed or how often and for how long a subpage has been viewed. A web analysis is mainly used to optimise a website and to analyse the costs and benefits of Internet advertising.

The operating company of the Google Analytics component is Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The data controller uses the addition “_gat._anonymizeIp” for the web analysis via Google Analytics. This addition is used by Google to shorten and anonymise the IP address of the Internet connection of the person in question if our Internet pages are accessed from a member state of the European Union or from another state party to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyse the flow of visitors to our website. Google uses the data and information obtained, among other things, to evaluate the use of our website, to compile online reports for us showing the activities on our website and to provide other services in connection with the use of our website.

Google Analytics places a cookie on the information technology system of the person in question. What cookies are has already been explained above. When the cookie is set, Google is able to analyse the use of our website. Each time one of the individual pages of this website is accessed which is operated by the data controller and on which a Google Analytics component has been integrated, the Internet browser on the information technology system of the person in question is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical process, Google obtains knowledge of personal data, such as the IP address of the person in question, which Google uses, among other things, to track the origin of visitors and clicks and subsequently to enable commission statements.

The cookie is used to store personal information, such as the access time, the location from which an access originated and the frequency of visits to our website by the person in question. Each time you visit our website, this personal data, including the IP address of the Internet connection used by the person in question, 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 information collected through the technical process with third parties.

The person in question can prevent the setting of cookies by our website, as described above, at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the information technology system of the person in question. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.

Furthermore, the person in question may object to the collection of data generated by Google Analytics relating to the use of this website and to the processing of such data by Google and to prevent such data from being collected. For this purpose, the person in question must download and install a browser add-on under the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information on visits to Internet pages may be transmitted to Google Analytics. The installation of the browser add-on is considered an objection by Google. If the person in question’s information technology system is later deleted, formatted or reinstalled, the data subject must reinstall the browser add-on in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the person in question or by another person within their control, the browser add-on may be reinstalled or reactivated.

Further information and Google’s applicable privacy policy can be found at https://www.google.de/intl/de/policies/privacy/ and www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail under this link https://www.google.com/intl/de_en/analytics/.

11. Legal basis of the processing

Art. 6 I lit. a DS-GVO serves our company as a 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 person in question is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, such as in cases of inquiries about our products or services. If our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data may become necessary in order to protect the vital interests of the person in question or another natural person. This would be the case, for example, if a visitor to our business was injured and their name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO. Ultimately, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations that are not covered by any of the aforementioned legal bases have the legal basis that the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the person in question do not predominate. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislature. In this respect, it took the view that a legitimate interest could be assumed if the person in question is a customer of the controller (recital 47 clause 2 DS-GVO).

12. Legitimate interests in the processing pursued by the controller or by a third party

If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is the conduct of our business for the benefit of all our employees and shareholders.

13. Duration for which the personal data will be stored

The criterion for the duration of the storage of personal data is the respective legal retention period. After this period has expired, the corresponding data will be routinely deleted unless they are still required for the fulfilment or initiation of the contract.

14. Legal or contractual provisions governing the provision of personal data; necessity for the conclusion of the contract; obligation of the person in question to provide the personal data; possible consequences of not providing the data

We will inform you that the provision of personal data is partly required by law (for example, tax regulations) or may result from contractual provisions (for example, information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a person in question makes personal data available to us that must subsequently be processed by us. For example, the person in question is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide personal data would mean that the contract could not be concluded with the person in question. The person in question must contact one of our employees before providing personal data to the person in question. Our employee will inform the person in question on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data and the consequences of not providing the personal data.

15. Existence of an automated decision making process

As a responsible company, we refrain from automatic decision-making or profiling.

This data protection declaration was created by the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as external data protection officer for Aschaffenburg, in cooperation with Christian Solmecke, who is the lawyer for IT and data protection law.