In accordance with the statutory provisions of data protection law (in particular the German Federal Data Protection Act [BDSG] as amended and the European General Data Protection Regulation [GDPR]), we would like to inform you about the type, scope, and purpose of the processing of personal data by our company. This privacy policy also applies to our websites and social media profiles. With regard to the definition of terms such as “personal data” and “processing,” we refer to Art. 4 GDPR.
Name and Contact Details of the Controller(s)
Our data controller(s) (hereinafter referred to as “Controller”) within the meaning of Art. 4(7) of the GDPR is:
Byght GmbH
Christian-Platz 8
22844 Norderstedt, Germany
Owners Johannes Mattes, Alexander Luca Graf
E-mail address: info@byght.de
Types of Data, Purposes of Processing, and Categories of Data Subjects
In the following we will inform you about the type, scope, and purpose of the collection, processing, and use of personal data.
1. Types of Data We Process
Usage data (access times, websites visited, etc.), basic data (name, address, etc.), contact data (telephone number, e-mail address, fax number, etc.), payment data (bank data, account data, payment history, etc.), contract data (object of the contract, term, etc.), content data (text entries, videos, photos, etc.), communication data (IP address, etc.).
2. Purposes of the Processing Pursuant to Art. 13(1)(c) GDPR
Processing of contracts, technical and economic optimization of the website, fulfillment of legal obligations to preserve records, improvement of user experience, user-friendly website design, marketing/sales/advertising, processing of contact requests.
3. Categories of Data Subjects Pursuant to Art. 13(1)(e) GDPR
Visitors/users of the website, customers, interested parties.
The data subjects are collectively referred to as “Users.”
Legal Basis for the Processing of Personal Data
In the following we will inform you about the legal basis for the processing of personal data:
- If we have obtained your consent for the processing of personal data, Art. 6(1)(1)(a) GDPR is the legal basis.
- If the processing is necessary for the performance of a contract or for the implementation of pre-contractual measures taken in response to your request, Art. 6(1)(1)(b) GDPR is the legal basis.
- If the processing is necessary for the fulfilment of a legal obligation to which we are subject (e.g. statutory obligations to preserve records), Art. 6(1)(1)(c) GDPR is the legal basis.
- If the processing is necessary to protect the vital interests of the data subject or of another natural person, Art. 6(1)(1)(d) GDPR is the legal basis.
- If the processing is necessary to protect our interests or the legitimate interests of a third party and your interests or fundamental rights and freedoms do not prevail in this respect, Art. 6(1)(1)(f) GDPR is the legal basis.
Disclosure of Personal Data to Third Parties and Processors
Without your consent, we will not disclose any data to third parties. Should this be the case, however, the disclosure will be made on the basis of the aforementioned legal bases, e.g. when data is disclosed to online payment providers for the purpose of fulfilling a contract or due to a court order or due to a legal obligation to surrender the data for the purpose of criminal prosecution, to avert danger, or to enforce intellectual property rights.
We also use processors (external service providers e.g. for hosting our websites and databases) to process your data. If data is disclosed to the processors as part of an agreement for order processing, this is always done in accordance with Art. 28 GDPR. We select our processors carefully, check them regularly, and have been granted the right to issue instructions regarding the data. In addition, the processors must have taken suitable technical and organizational measures and comply with the data protection regulations according to the BDSG as amended and the GDPR.
Transfer of Data to Third Countries
The adoption of the European General Data Protection Regulation (GDPR) has created a uniform basis for data protection in Europe. Your data is therefore processed primarily by companies to which the GDPR applies. If, however, processing is carried out by services of third parties outside the European Union or the European Economic Area, they must comply with the special requirements of Art. 44 ff. GDPR. This means that the processing is carried out on the basis of special guarantees, such as the EU Commission’s officially recognized determination of a level of data protection corresponding to that of the EU or the observance of officially recognized special contractual obligations, known as “standard contractual clauses.” In the case of US companies, compliance with what is known as “Privacy Shield,” the data protection agreement between the EU and the USA, fulfills these requirements.
Erasure of Data and Storage Period
Unless expressly stated in this privacy policy, your personal data will be erased or locked as soon as the purpose for storing it ceases to apply, unless further storage is necessary for evidence purposes or there are legal obligations to preserve data to the contrary. This includes, for example, commercial obligations to preserve business letters according to § 257(1) of the German Commercial Code (6 years) and obligations to preserve receipts for tax purposes according to § 147(1) of the German Fiscal Code (10 years). When the prescribed retention period expires, your data will be locked or erased, unless the storage is still necessary for the conclusion or fulfilment of a contract.
Existence of an Automated Decision-Making Process
We do not use automatic decision-making or profiling.
Provision of Our Website and Creation of Log Files
- If you use our website for informational purposes only (i.e. no registration or other transmission of information), we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data:
• IP address;
• Internet service provider of the user;
• Date and time of access;
• Browser type;
• Language and browser version;
• Content of the request;
• Time zone;
• Access status/HTTP status code;
• Amount of data;
• Websites from which the request comes;
• Operating system. - This data will not be stored together with other personal data of yours.
- This data serves the purpose of user-friendly, functional, and secure delivery of our website to you with functions and contents as well as their optimization and statistical evaluation.
- The legal basis for this is our justified interest in data processing in accordance with Art. 6(1)(1)(f) GDPR, which is also given within the scope of the aforementioned purposes.
- For security reasons, we store this data in server log files for a storage period of 365 days. After this period has elapsed, they are automatically erased, unless we require them to be retained for evidence purposes in the event of attacks on the server infrastructure or other legal violations.
Cookies
We use what are known as cookies when you visit our website. Cookies are small text files that your internet browser places and saves on your computer. When you visit our website again, these cookies provide information to automatically recognize you. The information obtained in this way serves the purpose of optimizing our web offerings both technically and economically and enabling you to access our website more easily and securely. When you visit our website, we will inform you about the use of cookies for the aforementioned purposes and how you can object to or prevent their storage (“opt out”) by referring to our privacy policy. Our website uses session cookies, persistent cookies, and third-party cookies:- Session cookies: We use what are known as cookies to recognize repeated use of an offering by the same user (e.g. to determine your login status if you have logged in). When you visit our site again, these cookies provide information to automatically recognize you. The information obtained in this way is used to optimize our offerings and make it easier for you to access our site. When you close the browser or log out, the session cookies are deleted. – Persistent cookies: These are automatically deleted after a specified period of time, which can vary depending on the cookie. In the security settings of your browser you can delete the cookies at any time. – Third-party cookies: According to your wishes, you can configure your browser settings and, for example, refuse to accept third party cookies or all cookies. However, we would like to point out at this point that you may then not be able to use all functions of this website. You can read more about these cookies in the third-party providers’ privacy policies.
The legal basis for this processing is Art. 6(1)(1)(b) GDPR if the cookies are set for the purpose of initiating a contract, e.g. in the case of orders, and otherwise we have a legitimate interest in the effective functionality of the website so that in this case Art. 6(1)(1)(f) GDPR is the legal basis.
Objection and opting out: You can generally prevent cookies from being stored on your hard drive by selecting “Block cookies” in your browser settings. However, this can result in a functional restriction of our offerings. You can object to the use of third-party cookies for advertising purposes by opting out of the use of cookies via this American website (https://optout.aboutads.info) or this European website (https://www.youronlinechoices.com/uk/your-ad-choices).
Contract Fulfillment
We process basic data (e.g. company, title/academic degree, names and addresses as well as contact data of users, e-mail address), contract data (e.g. services used, names of contact persons), and payment data (e.g. bank details, payment history) for the purpose of fulfilling our contractual obligations (knowing who the contractual partner is; justification, content, and processing of the contract; checking the plausibility of the data) and services (e.g. contacting customer service) in accordance with Art. 6(1)(1)(b) GDPR. The entries marked as mandatory in online forms are required for the conclusion of the contract.
In principle, this data is not disclosed to third parties unless it is necessary to pursue our claims (e.g. transfer to a lawyer for collection) or to fulfill the contract (e.g. transfer of the data to payment providers) or if there is a legal obligation to do so in accordance with Art. 6(1)(1)(c) GDPR.
We may also process the data you provide in order to inform you about other interesting products from our portfolio or to send you e-mails with technical information.
The data will be erased as soon as it is are no longer required for the purpose for which it was collected. This is the case for the basic and contract data when the data is no longer necessary for the execution of the contract and no more claims can be asserted under the contract because their effective period has elapsed (warranty: two years/standard limitation period: three years). We are obliged by commercial and tax law to store your address, payment, and order data for a period of ten years. However, once the contract is completed, we will restrict processing after three years, i.e. your data will only be used to comply with legal obligations. Details in user accounts remain until the account is deleted.
Google Analytics
We have integrated the website analysis tool “Google Analytics” (Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94043, USA, EU branch: Google Dublin, Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland) into our website.
When you visit our website, Google places a cookie on your computer in order to analyze your use of our website. The data obtained is transferred to the USA and stored there. If personal data is transferred to the USA, Google’s certification in accordance with the Privacy Shield Agreement (https://www.privacyshield.gov/EU-US-Framework) guarantees that European data protection law is observed.
We have activated the IP anonymization feature “anonymizeIP,” which ensures that IP addresses are only processed in a shortened form. On this website, your IP address will therefore be shortened by Google within member states of the European Union or in other states that are party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity, and providing the controller with other services relating to website activity and internet usage. We have also activated cross-device analysis of website visitors, which is carried out using what is known as a user ID. The IP address transmitted by your browser as part of Google Analytics is not merged with other data from Google. The use of Google Analytics serves the purpose of analyzing, optimizing, and improving our website.
The legal basis for this is our legitimate interest in data processing in accordance with Art. 6(1)(1)(f) GDPR, which is also given within the scope of the aforementioned purposes.
The data sent by us and linked to cookies, user IDs, or advertising IDs is automatically erased after 12 months. Data for which the retention period has elapsed is automatically erased once a month.
More information on data usage at Google Analytics can be found here: https://www.google.com/analytics/terms/us.html (Google Analytics Terms of Service), https://support.google.com/analytics/answer/6004245?hl=en (Google Analytics Privacy Notice) and Google’s privacy policy (https://policies.google.com/privacy).
Objection and opting out: You can generally prevent cookies from being stored on your hard drive by selecting “Block cookies” in your browser settings. However, this can result in a functional restriction of our offerings. You can also prevent the collection of data generated by the cookie and related to your use of the website by Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=en
You can deactivate cross-device user analysis in your Google account under “My data > personal data.”
Google reCAPTCHA
We have integrated the anti-spam feature “reCAPTCHA” from “Google” (Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94043, USA, EU branch: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland) into our website. By using “reCAPTCHA” in our forms we can determine whether the input was made by a machine (robot) or a human. When using the service, your IP address and any other data required for this purpose may be transmitted to Google servers in the USA.
The purpose of processing this data is to avoid spam and misuse as well as our economic interest in optimizing our website.
The legal basis for this is our legitimate interest in data processing in accordance with Art. 6(1)(1)(f) GDPR, which is also given within the scope of the aforementioned purposes.
Google is certified under the Privacy Shield Agreement (https://www.privacyshield.gov/EU-US-Framework). This ensures that European data protection law is observed.
More information on Google reCAPTCHA can be found at https://www.google.com/recaptcha/ and in Google’s privacy policy at https://policies.google.com/privacy.
Google Maps
We have integrated maps from “Google Maps” (Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94043, USA, EU branch: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland) into our website. This allows us to display the location of addresses and directions directly on our website in interactive maps and allows you to use this tool.
When you access a page on our website where Google Maps is integrated, a connection to the Google servers in the USA is established. Your IP address and location may be transmitted to Google. Google is also notified that you have accessed the corresponding page. This occurs even if you do not have a Google account. If you are logged into your Google account, Google can assign the above data to your account. If you do not wish this assignment to be made, you must log out of your Google account. Google creates user profiles from such data and uses this data for the purpose of advertising, market research, and optimization of its websites.
The legal basis for this is our legitimate interest in data processing in accordance with Art. 6(1)(1)(f) GDPR, which is also given within the scope of the aforementioned purposes.
You have a right to object to the creation of user profiles by Google. For this purpose, please contact Google directly via the privacy policy mentioned below. You can make an opt-out objection regarding advertising cookies here in your Google account:
https://adssettings.google.com/authenticated.
Please refer to the Google Maps Terms of Service at https://www.google.com/intl/en_us/help/terms_maps and Google’s privacy policy for advertising at https://policies.google.com/technologies/ads for more information on the use of Google cookies and their advertising technologies, retention period, anonymization, location data, functionality, and your rights. Google’s general privacy policy: https://policies.google.com/privacy.
Google is certified under the EU-US Privacy Shield (https://www.privacyshield.gov/EU-US-Framework) and is therefore obliged to comply with European data protection laws.
Social Media Presence
We maintain profiles or fan pages on social media in order to communicate with the users connected and registered there and to provide information about our products, offerings, and services. The US providers are certified according to what is known as Privacy Shield and are therefore obliged to observe European data protection. When you use and access our profile on the respective social network, the respective data privacy policies and terms of use of the respective network apply.
We process the data you send us through these networks in order to communicate with you and to respond to the messages you send us there.
The legal basis for the processing of personal data is our legitimate interest in communication with users and our external representation for the purpose of advertising in accordance with Art. 6(1)(1)(f) GDPR. Insofar as you have given your consent to the controller of the social network to process your personal data, the legal basis is Art. 6(1)(1)(a) and Art. 7 GDPR.
The privacy notices, information access options, and opt-out options for the respective networks can be found here:- XING (XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany) – Privacy policy/opt-out: https://privacy.xing.com/en/privacy-policy.
Rights of the Data Subject
- Objection to or revocation of consent to the processing of your data
Insofar as the processing is based on your consent pursuant to Art. 6(1)(1)(a), Art. 7 GDPR, you have the right to revoke your consent at any time. This does not affect the lawfulness of the processing carried out on the basis of the consent until revocation. If we base the processing of your personal data on the weighing of interests in accordance with Art. 6(1)(1)(f) GDPR, you may object to the processing. This is the case if the processing is in particular not necessary for the fulfilment of a contract with you, which is described by us in the following description of the functions. In the event of such an objection, we request that you explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the situation and will either stop or adapt the data processing or show you our compelling reasons for continuing the processing which are worthy of protection. You can object to the processing of your personal data for the purposes of advertising and data analysis at any time. You can exercise the right to object free of charge. You can inform us about your objection to the processing of your personal data for advertising purposes using the following contact details:
Byght GmbH
Christians-Platz 8
22844 Norderstedt, Germany
Owners Johannes Mattes, Alexander Luca Graf
E-mail address: info@byght.de - Right of access
You have the right to obtain confirmation from us as to whether personal data concerning you is being processed. If this is the case, you have a right to access your personal data stored by us in accordance with Art. 15 GDPR. This includes, in particular, information about the purposes of processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, and the origin of your data if it was not collected directly from you. - Right to rectification
You have a right to the rectification of inaccurate data or the completion of correct data in accordance with Art. 16 GDPR. - Right to erasure
You have a right to the erasure of your data which is stored by us in accordance with Art. 17 GDPR, unless legal or contractual retention periods or other legal obligations or rights to further storage conflict with this. - Right to restriction
You have the right to demand a restriction on the processing of your personal data if one of the conditions in Art. 18(1)(a) to (d) GDPR is fulfilled:
• If you dispute the accuracy of the personal data concerning you for a period of time which enables the controller to verify the accuracy of the personal data;
• If the processing is unlawful and you refuse the erasure of the personal data and instead demand the restriction of the use of the personal data;
• The controller no longer needs the personal data for the purposes of the processing, but you need it in order to assert, exercise, or defend legal claims; or
• If you have lodged an objection to the processing in accordance with Article 21(1) GDPR and it has not yet been established whether the legitimate reasons given by the controller outweigh your reasons. - Right to data portability
You have a right to data portability in accordance with Art. 20 GDPR, which means that you can receive the personal data stored by us about you in a structured, common, and machine-readable format or demand that it be transferred to another controller. - Right to lodge a complaint
You have a right to lodge a complaint with a supervisory authority. As a general rule, you may do so by contacting the supervisory authority in particular in the Member State in which you are resident, in which you work, or in which the suspected infringement was committed.
Data Security
In order to protect all personal data transmitted to us and to ensure that the data protection regulations are observed by us and our external service providers, we have taken suitable technical and organizational security measures. Therefore, among other things, all data between your browser and our server is transmitted in encrypted form via a secure SSL connection.
Last updated: November 21, 2019
