Controller for processing according to GDPR

The controller responsible within the meaning of the General Data Protection Regulation and other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:

BitBurst GmbH

Lerchenweg 3

40789 Monheim am Rhein

https://gopinion.app/

[email protected]

+4915256114159

Privacy Policy

We welcome you to our website and are pleased about your interest. The protection of your personal data is very important to us. Therefore, we conduct our business in compliance with applicable laws on data privacy protection and data security. We would like to inform you in the following about which data of your visit is used for which purposes.

Data protection officer

Nils Möllers

Keyed GmbH

[email protected]

+49 (0) 2505 639797

What are personal data?

The term personal data is defined in the Bundesdatenschutzgesetz (Federal Data Protection Act) and the GDPR. According to these laws, these are individual details about personal or factual circumstances of a specific or identifiable natural person. This includes, for example, your civil name, your address, your telephone number or your date of birth. Find out more about what exactly data protection is here.

Scope of anonymous data collection and data processing

Unless otherwise stated in the following sections, no personal data is collected, processed or used when using our websites. However, by using analysis and tracking tools, we learn certain technical information based on the data transmitted by your browser (e.g. browser type/version, operating system used, web pages visited on our website incl. length of stay, previously visited website). We evaluate this information for statistical purposes only.

Legal basis for the processing of personal data

  1. Where we obtain the consent of the data subject for processing operations involving personal data, Art. 6 (1) lit. a) EU Genereal Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.
  2. Art. 6 (1) lit. b) GDPR serves as the legal basis for the processing of personal data required for the performance of a contract to which the data subject is a party. This also applies to processing operations necessary for the performance of pre-contractual measures.
  3. Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 (1) lit. c) GDPR serves as the legal basis.
  4. In cases where vital interests of the data subject or another natural person make it necessary to process personal data, Art. 6 (1) lit. d) GDPR serves as the legal basis.
  5. If the processing is necessary to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 (1) lit. f) GDPR serves as the legal basis for the processing.

Creation of log files

With each call of the Internet page the BitBurst GmbH collects data and information by an automated system. These are stored in the log files of the server. The data is also stored in the log files of our system. These data are not stored together with other personal data of the user.
(1) Information about the type of browser and the version used
(2) The user's operating system
(3) The user's Internet service provider
(4) The user's IP address
(5) The date and time of access
(6) Websites from which the user's system accesses our website (referrer)
(7) Websites that are accessed by the user's system via our website

Routine deletion and blocking of personal data

The controller shall process and store personal data relating to the data subject only for as long as necessary to achieve the purpose of storage. In addition, data may be stored for as long as this is provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. As soon as the storage purpose ceases to apply or a storage period prescribed by the aforementioned regulations expires, the personal data is routinely blocked or deleted.

Rights of the data subject

If your personal data is processed, you are the data subject within the meaning of the GDPR and you are entitled to the following rights in relation to the person responsible:

Right of access by the data subject acc. to Art. 15 GDPR

You can request confirmation from the person responsible as to whether personal data concerning you is being processed by us. If such processing is carried out, you may ask the controller for information on:

  1. the purposes for which the personal data are processed;
  2. the categories of personal data processed;
  3. the recipients or categories of recipients to whom your personal data have been or will be disclosed;
  4. the planned duration of storage of your personal data or, if it is not possible to give specific details, criteria for determining the duration of storage
  5. the existence of a right to rectification or erasure of your personal data, a right to have the processing limited by the controller or a right to object to such processing
  6. the existence of a right of appeal to a supervisory authority;
  7. all available information on the origin of the data when the personal data are not collected from the data subject;
  8. the existence of automated decision making, including profiling, in accordance with Art. 22, (1) and (4) GDPR and, at least in these cases, meaningful information on the logic involved and the scope and intended effects of such processing on the data subject.

You have the right to request information whether your personal data are transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.

Right to rectification acc. to Art. 16 GDPR

You have the right to obtain from the data controller the rectification and/or integration of any personal data processed concerning you if it is incorrect or incomplete. The data controller shall make the correction without delay.

Right to erasure acc. to Art. 17 GDPR

(1) You may request the controller to delete your personal data immediately and the controller is obliged to delete such data immediately if one of the following reasons applies:

  1. The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
  2. You revoke your consent on which the processing was based in accordance with Art. 6 (1) (a) or Art. 9 (2) (a) GDPR and there is no other legal basis for the processing.
  3. You object to the processing in accordance with Art. 21 (1) GDPR and there are no legitimate reasons for the processing which take precedence, or you object to the processing in accordance with Art. 21 (2) GDPR.
  4. The personal data concerning you have been processed unlawfully
  5. The deletion of personal data concerning you is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
  6. The personal data concerning you have been collected in relation to information society services offered, in accordance with Art. 8 (1) GDPR.

(2) If the controller has made your personal data public and is obliged to delete them in accordance with Art. 17 (1) GDPR, he shall take reasonable measures, including technical measures, taking into account the available technology and implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to these personal data or copies or replications of these personal data.

(3) The right to erasure shall not apply where the processing is necessary

  1. for the exercise of the right to freedom of expression and information;
  2. to comply with a legal obligation to which the processing is subject under Union or national law to which the controller is subject, or to carry out 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 relating to public health pursuant to Art. 9 (2) (h) and i as well as Art. 9 (3) GDPR;
  4. for archiving purposes in the public interest, for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) GDPR, insofar as the right referred to in para. 1 is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or
  5. to assert, exercise or defend legal claims.

Right to restriction of processing acc. to Art. 18 GDPR

Under the following conditions, you may request the restriction of the processing of your personal data:

  1. if you dispute the accuracy of your personal data for a period of time that allows the controller to verify the accuracy of the personal data;
  2. if the processing is unlawful and you refuse to delete the personal data and instead request the restriction of the use of the personal data;
  3. if the controller no longer needs the personal data for the purposes of the processing, but you need them for the assertion, exercise or defence of legal claims; or
  4. if you have lodged an objection to the processing pursuant to Art. 21 (1) GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh your reasons.

If the processing of your personal data has been restricted, these data - apart from their storage - may only be processed with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of major public interest of the Union or a Member State. If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

Notification obligation regarding rectification or erasure of personal data or restriction of processing acc. to Art. 19 GDPR

If you have exercised the right to rectify, erase or limit the processing, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed of these recipients by the controller.

Right to data portability acc. to Art. 20 GDPR

You have the right to receive your personal data, which you have provided to the responsible person, in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another responsible party without hindrance by the responsible party to whom the personal data has been made available, if

  1. the processing is based on consent pursuant to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR or on a contract pursuant to Art. 6 (1) (b) GDPR and
  2. the processing is carried out using automated procedures. In exercising this right, you also have the right to request that your personal data be transferred directly from one responsible party to another, insofar as this is technically feasible. The freedoms and rights of other persons may not be impaired by this. The right to data transferability shall 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 controller.

Right of objection acc. to Art. 21 GDPR

You have the right to object at any time, on grounds relating to your particular situation, to the processing of your personal data carried out on the basis of Art. 6 (1) (e) or (f) GDPR; this also applies to profiling based on these provisions. The controller will no longer process your personal data unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims. If your personal data is processed for the purpose of direct marketing, you have the right to object at any time to processing of your personal data for such marketing; this also applies to profiling, insofar as it is related to such direct marketing. If you object to 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.

Automated decision 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 controller,
  2. is permitted by legal provisions of the Union or the Member States to which the controller is subject, and these legal provisions contain appropriate measures to protect your rights and freedoms as well as your legitimate interests, or
  3. is done with your explicit consent.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9 (1) GDPR, unless Art. 9 (2) (a) or (g) applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

With regard to the cases mentioned in a. and c., the controller shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, which include, at a minimum, the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to object to the decision.

Right to lodge a complaint with a supervisory authority acc. to Art. 77 GDPR

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 employment or 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 will inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 77 GDPR.

Duration of storage of personal data

Personal data is stored for the duration of the respective legal retention period. After expiry of the period, the data is routinely deleted, unless it is necessary for the initiation or fulfilment of a contract.

Use of cookies

The internet pages of BitBurst GmbH use cookies. Cookies are data that are stored by the Internet browser on the user's computer system. The cookies can be transmitted to a page when it is called up and thus enable the user to be assigned to it. Cookies help to simplify the use of Internet pages for the user.

It is possible to object to the setting of cookies at any time by changing the setting in the Internet browser accordingly. Set cookies can be deleted. Please note that if cookies are deactivated, it may not be possible to use all functions of our website to their full extent. The user data collected in this way is pseudonymized by technical precautions. It is therefore no longer possible to assign the data to the calling user. The data is not stored together with other personal data of the users. When accessing our website, users are informed by an info banner about the use of cookies for analysis purposes and are referred to this data protection declaration. In this context, there is also a note on how the storage of cookies can be prevented in the browser settings. The legal basis for the processing of personal data using technically necessary cookies is Art. 6 (1) (f) GDPR. The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 (1) (a) GDPR if the user has given his or her consent. For information on whether and to what extent cookies are used on our website, please refer to our cookie banner and our notes in this data protection declaration.

hellotrust

Description and purpose

We use the features of hellotrust (Keyed GmbH, Siemensstr. 12, 48341 Altenberge, Germany) on our website. hellotrust provides a legally required cookie notice and allows the operator to manage opt-in and opt-out via a cookie consent manager. To determine which tools are used, the website is scanned by the hellotrust crawler. Subsequently, the scanned information flows into the Cookie Note/Cookie Consent Manager. 

Legal basis

The legal basis for the processing of your personal data is Art. 6 (1) (c) GDPR.

Recipient

The recipient of your personal data is Keyed GmbH (Siemensstr. 12, 48341 Altenberge, Germany).

Transfer to third countries

There is no transfer of your personal data to a third country. However, we are aware of our responsibility and regularly review the framework conditions and legal changes. Should a transfer to a third country occur, we will update this information as soon as possible.

Duration of data storage

Data is deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. In addition, the data will be deleted if you exercise your right to erasure pursuant to Art. 17 (1) GDPR. 

Contractual and legal obligation

There is no contractual or legal obligation to provide the data.

Further information on data protection

Here you will find further information on processing of your personal data:

https://hellotrust.de/datenschutz/

Data transmission to third countries

The controller may transfer personal data to a third country. In principle, the controller may provide various appropriate safeguards to ensure that an adequate level of protection is provided for the processing operations. It is possible to transfer data transfers on the basis of an adequacy finding, internal data protection rules, approved codes of conduct, standard data protection clauses or an approved certification mechanism pursuant to Art. 46 (2) (a) - (f) GDPR.

If the person responsible undertakes a transfer to a third country on the legal basis of Art. 49 (1) (a) GDPR, you will be informed at this point about the possible risks of a data transfer to a third country.

There is a risk that the third country receiving your personal data may not provide an equivalent level of protection compared to the protection of personal data in the European Union. This may be the case, for example, if the EU Commission has not issued an adequacy decision for the third country in question or if certain agreements between the European Union and the third country in question are declared invalid. Specifically, there are risks in some third countries with regard to the effective protection of EU fundamental rights through the use of monitoring laws (e.g. USA). In such a case, it is the responsibility of the controller and the recipient to assess whether the rights of data subject in the third country enjoy a level of protection equivalent to that in the Union and can be effectively enforced.

However, the basic data protection regulation should not undermine the level of protection of natural persons ensured throughout the Union when personal data are transferred from the Union to controllers, processors or other recipients in third countries or to international organizations, even if personal data are further transferred from a third country or from an international organization to controllers or processors in the same or another third country or to the same or another international organization.

Further functions of the website

Contact opportunities

On the internet pages of BitBurst GmbH there is a contact form which can be used for electronic contact. Alternatively, it is possible to contact us via the provided e-mail address. If the data subject contacts the data controller via one of these channels, the personal data transmitted by the data subject is automatically stored. The storage is solely for the purpose of processing or contacting the data subject. The data will not be passed on to third parties. The legal basis for the processing of the data is Art. 6 (1) (a) GDPR if the user has given his or her consent. The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 (1) (f) GDPR. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for processing is Art. 6 (1) (b) GDPR. The data is deleted as soon as it is no longer necessary for the purpose for which it was collected. For personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is terminated when it can be concluded from the circumstances that the matter in question has been finally clarified. The personal data additionally collected during the sending process will be deleted after a period of seven days at the latest.

Registration on our website

Where the data subject takes advantage of the possibility to register on the Internet site of the controller by providing personal data, the data shall be communicated to the controller in the relevant input mask. The data shall be stored by the controller solely for the purposes of internal use. The data will be deleted as soon as they are no longer required for the purpose for which they were collected. When registering, the user's IP address and the date and time of registration are stored. This serves to prevent abuse of the services. The data will not be passed on to third parties. An exception is made if there is a legal obligation to pass on the data. The registration of the data is necessary for the provision of contents or services. Registered persons have the possibility at any time to have the stored data deleted or changed. The person concerned will receive information about their stored personal data at any time.

Data Recipients

To the extent permitted or required by law, or to the extent you have consented, we will also share your personal data with other recipients who provide services on our behalf. We limit the disclosure of your personal data to the extent necessary. In some cases, our service providers receive your personal data as processors and are then strictly bound by our instructions when handling your personal data (data protection agreements pursuant to Art. 28 GDPR). In some cases, the recipients act independently with your data that we transfer to them. Subsequent categories of service providers/recipients may receive your data:

  • Provider of email marketing via newsletter
  • Provider of hosting services for the operation of our servers
  • Service providers in the area of job applications to assist in the selection of applicants
  • Service providers for development work, including programming, development, maintenance and support of software applications
  • Service provider for postal services
  • External legal services
  • Marketing agencies/ website support
  • Other IT service providers (e.g., system houses)
  • Other services and tools

The service providers we engage, must comply with strict confidentiality requirements. They are only given the necessary access to your data to perform the assigned tasks.

In the event of a suspected criminal offense, data may be disclosed to law enforcement authorities.

Safety

We have taken extensive technical and operational precautions to protect your data from accidental or deliberate manipulation, loss, destruction or access by unauthorised persons. Our security procedures are regularly reviewed and adapted to technological progress. In addition, we guarantee data protection on an ongoing basis by constantly auditing and optimizing our data protection organization.

BitBurst GmbH reserves all rights to make changes and updates to this privacy policy. This privacy policy was created by the dataprotectionsystem and hellotrust, a trademark of Keyed GmbH.