Privacy Policy

We are very pleased that you are taking an interest in our company. Data protection is a very high priority for Becker van Erk GbR. You can access Becker van Erk GbR’s web pages without submitting any personal data. If you use our services via our website, however, processing some of your personal data may become necessary. In cases where it becomes necessary to process an individual’s (“data subject’s”, see 1. (b) below) personal data without there being a legal basis for such processing, we will obtain the data subject’s consent.

Processing personal data, including the name, address, e-mail address, or telephone number of a data subject shall always be in line with the country-specific data protection regulations applicable to the Becker van Erk GbR. This Privacy Policy serves to inform the public about the nature, scope and purpose of the personal data we collect, use and process. The Privacy Policy also informs data subjects of their rights.

As entity responsible for processing data in connection with this website (“controller”, see 1. (g) below), Becker van Erk GbR has implemented numerous technical and organizational measures to ensure the most comprehensive protection of personal data processed through this website. However, internet-based data transmissions can always be vulnerable to security risks, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, e. g., by telephone.

1. Definitions

Becker van Erk GbR’s Privacy Policy is founded on the terminology of the European General Data Protection Regulation (GDPR). Our Privacy Policy should be easy to read and understand for the general public, our customers and business partners. To make sure it is, we provide definitions of the terminology.

The following terms are used, among others, in this Privacy Policy:

(a) Personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter “data subject”, see below). An identifiable natural person is one who 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 to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

(b) Data subject
A data subject is any identified or identifiable natural person whose personal data are processed by the controller.

(c) Processing
Processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d) Processing restrictions
Processing restriction is the marking of stored personal data with the aim of limiting their future processing.

(e) Profiling
Profiling is any type of automated processing of personal data that consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to that natural person’s job performance, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location.

(f) Pseudonymization
Pseudonymization is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separate and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

(g) Controller or person responsible for processing
The controller or 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 determined by the laws of the European Union or one of its Member States, the controller or the specific criteria for its designation may be provided for under EU or Member State law.

(h) Processor
Processor means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.

(i) Recipient
A recipient is a natural or legal person, public authority, agency or other body to whom personal data is disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigation mandate under EU or EU Member State law shall not be considered as recipients.

(j) Third party
Third party means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorized to process the personal data under the direct responsibility of the controller or the processor.

(k) Consent
Consent shall mean any freely given indication of the data subject’s wishes for the specific case in an informed and unambiguous manner in the form of a statement or any other unambiguous affirmative act by which the data subject indicates that he or she consents to the processing of personal data relating to him or her.

2. Name and address of the controller

The responsible party under the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other data protection and privacy provisions:

Becker van Erk GbR
Schwedter Straße 9A
10119 Berlin
Germany

Phone: +49 176 63628127
Email: info@studio-berk.com
URL: www.studio-berk.com

3. Cookies

The internet pages of Becker van Erk GbR use cookies. Cookies are text files that are stored on a computer system via a web browser.

Numerous websites 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 that can be used to assign internet pages and servers to the specific web browser in which the cookie was stored. This allows the internet pages and servers a data subject visits to distinguish the data subject’s browser from other web browsers that contain other cookies. A specific web browser can be recognized and identified via the unique cookie ID.

Using cookies allows Becker van Erk GbR to provide the users of this website with more user-friendly services that would not be possible without setting cookies.

Cookies allow for an optimization of the information and offers on our website that makes it easier to use. As mentioned above, cookies allow to recognize the users who visit our website. The purpose of this recognition is to make it easier for users to use our website. For example, when you visit a website that uses cookies you do not need to re-enter your access data with each visit to the website because the website, through and cookie stored on your computer, “remembers” your login data. Shopping cart cookies in online stores are another example. The online store uses a cookie to remember the items you have placed in your virtual shopping cart during previous visits.

The data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting of their web browser and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set may be deleted at any time via the web browser or other software. This option is available in all commonly used web browsers. If the data subject deactivates cookies in their web browser used, not all functions of our website may be fully usable.

4. Collection of general data and information

Each time a data subject or automated system accesses Becker van Erk GbR’s website it collects a range of general data and information. This general data and information is stored in the server’s log files. The following data may be collected: (1) browser types and versions used to access the website; (2) the operating system used by the accessing system; (3) the URL of the website from which an accessing system accesses our website (referrer website); (4) sub-pages 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 accessing system’s internet service provider; (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.

When using these general data and information, Becker van Erk GbR does not draw any conclusions about the data subject. Rather, this information is needed (1) to deliver the contents of our website correctly; (2) to optimize the contents of our website and the advertising for these; (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 prosecution in the event of a cyber attack. Becker van Erk GbR therefore uses anonymously collected data and information for statistical purposes as well as to strengthen the protection and security of our enterprise’s data in order to ensure the highest level of protection for the personal data we process. Anonymous server log file data are stored separately from any personal data submitted by a data subject.

5. Newsletter subscriptions

Visitors to our website are given the opportunity to subscribe to our enterprise’s newsletter. When you subscribe to this newsletter the personal data you enter in the online subscription form will be transmitted to the controller.

At regular intervals, Becker van Erk GbR updates our customers and business partners by means of a newsletter on our business, products, and offers. Our newsletter can only be received by the data subject, if (1) the data subject has a valid e-mail address and (2) the data subject subscribes to the newsletter. For legal reasons, a confirmation e-mail will be sent to the e-mail address provided by a data subject when subscribing to the newsletter in order to complete the double opt-in procedure. This confirmation e-mail serves to verify whether the owner of the e-mail address as the data subject has authorized the receipt of the newsletter.

When you subscribe to our newsletter, we also store the IP address assigned by the internet service provider (ISP) to the computer system used by you (the data subject) at the time you subscribed as well as the date and time you subscribed. Collecting these data is necessary as it allows us to trace potential misuses of a data subject’s e-mail address at a later point and therefore serves as legal safeguarding of us as controller.

The personal data collected in the context of a newsletter subscription will be used exclusively to mail our newsletter. If necessary for the operation of the newsletter service or for processing a subscription, e. g., in case of changes to the newsletter service or its technical conditions, subscribers to the newsletter may also be alerted via email. No personal data collected as part of the newsletter service will be passed on to third parties. Subscriptions to our newsletter may be cancelled by the data subject at any time. Consent to the storage of personal data that the data subject has submitted for the purpose of newsletter mailing may be revoked at any time. Each newsletter contains a link that allows the subscriber to cancel their subscription and revoke their consent. It is also possible to unsubscribe from the newsletter by accessing the website or informing the controller in some other way (e. g. via email) of the wish to unsubscribe.

6. Newsletter tracking

Newsletters sent out by studio berk (Becker van Erk GbR) contain so-called tracking pixels. A tracking pixel is a miniature graphic embedded HTML-formatted emails to enable log file recording and log file analyses. This allows for a statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, Becker van Erk GbR may see if and when an email was opened by a data subject and which links in the email were clicked on by the data subject.

These personal data collected via tracking pixels contained in the newsletters are stored and evaluated by the controller in order to optimize the newsletter dispatch and to better adapt the content of future newsletters to the interests of the data subject. This personal data will not be disclosed to third parties. Data subjects are entitled at any time to revoke the separate declaration of consent given in this context during the double opt-in procedure. Upon revocation of the consent this personal data will be deleted by the controller. When you unsubscribe from the newsletter, Becker van Erk GbR will automatically regard this as a revocation.

7. Contacting the website operator via the website

Pursuant to German law, Becker van Erk GbR’s website contains information that allows for quick electronic contact to our business as well as direct communication with us, including a general electronic mail address (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the controller will be stored for the purpose of processing inquiries or contacting the data subject. We will not disclose this personal data to third parties.

8. Routine deletion and blocking of personal data

The controller will process or store personal data of the data subject only for the period necessary to achieve the purpose of storage or insofar as provided for by the European or other legislator in laws or regulations to which the controller is subject.

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

9. Rights of the data subject

(a) Right to obtain confirmation: Every data subject shall have the right, granted by the European legislator, to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right to obtain confirmation, he or she may, at any time, contact any employee of the controller.

(b) Right of access: Any person concerned by the processing of personal data has the right, granted by the European legislator, to obtain at any time from the controller, free of charge, information about the personal data stored about him or her and a copy of that information. Furthermore, the European legislator grants the data subject the right to access the following information:

  • processing purposes;

  • categories of personal data that are processed;

  • recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organizations;

  • if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;

  • the existence of the right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or a right to object to such processing;

  • the existence of the right of appeal to a supervisory authority;

  • in the case that the personal data were not collected from the data subject: all available information about the origin of the data;

  • the existence of automated decision-making, including profiling, pursuant to Article 22 (1) and (4) of the GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

Furthermore, the data subject shall have the right to obtain information as to whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer. Should a data subject wish to exercise this right of access, he or she may, at any time, contact an employee of the controller.

(c) Right to rectification: Every data subject affected by the processing of personal data has the right, granted by the European legislator, to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data – also by means of an addendum– taking into account the purposes of the processing. Should a data subject wish to exercise this right to rectify, he or she may, at any time, contact any employee of the controller.

(d) Right to deletion (right to be forgotten): Any person affected by the processing of personal data has the right, granted by the European legislator, to demand that the controller erase any and all personal data concerning him or her without delay in case one of the following grounds applies and the processing is not necessary:

  • The personal data were collected or otherwise processed for purposes for which they are no longer necessary.

  • The data subject revokes the consent on which the processing was based pursuant to Article 6 (1) (a) GDPR or Article 9 (2) (a) GDPR and there is no other legal basis for the processing.

  • The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 (2) GDPR.

  • The personal data have been processed wrongfully.

  • The deletion of the personal data is necessary for compliance with a legal obligation under EU or Member State law to which the controller is subject.

  • The personal data was collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.

If one of the aforementioned reasons applies and a data subject wishes to arrange for the deletion of personal data stored by Becker van Erk GbR (controller), he or she may, at any time, contact any employee of the controller. The employee of the Becker van Erk GbR will arrange for the deletion request to be complied with immediately. If the personal data was made public by Becker van Erk GbR and our company is responsible pursuant to Art. 17 (1) GDPR, Becker van Erk GbR shall implement reasonable measures, including technical measures, , taking into account the available technology and the cost of implementation, to inform other data controllers in order to inform them that the data subject has requested the deletion of all links to the personal data or copies or replications of the personal data, unless the processing is necessary. The employee of the studio berk will arrange all necessary steps in these individual cases.

(e) Right to restriction of processing: Any person affected by the processing of personal data shall have the right, granted by the European legislator, to demand from the controller restricted processing of their data if one of the following conditions is met:

  • The accuracy of the personal data is contested by the data subject for a period that allows the controller to verify the accuracy of the personal data.

  • The processing is unlawful, the data subject objects to the deletion of the personal data and requests instead the restriction of the use of the personal data.

  • The controller no longer needs the personal data for the purposes of processing, but the data subject needs it for the assertion, exercise or defense of legal claims.

  • The data subject has objected to the processing pursuant to Article 21 (1) GDPR and it has not been settled yet whether the legitimate grounds of the controller override those of the data subject.

  • If one of the aforementioned conditions is met and a data subject wishes to request the restriction of personal data stored by Becker van Erk GbR, he or she may, at any time, contact any employee of the controller. The employee of Becker van Erk GbR will arrange for the processing restriction.

(f) Right to data portability: Any person affected by the processing of personal data has the right, granted by the European legislator, to receive the personal data relating to him or her, which have been provided by the data subject to a controller, in an organized, commonly used and machine-readable format. He or she also has the right to transmit such data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Article 6 (1) (a) GDPR or Article 9 (2) (a) GDPR, or on a contract pursuant to Article 6 (1) (b) and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Furthermore, when exercising the right to data portability pursuant to Article 20 (1)   GDPR, the data subject shall have the right to obtain that the personal data be transferred directly from one controller to another controller where technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals. In order to assert the right to data portability, the data subject may at any time contact any employee of Becker van Erk GbR.

(g) Right to object: Any person affected by the processing of personal data has the right, granted by the European legislator, to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Article 6 (1) (e) or (f) GDPR. This also applies to profiling based on these provisions. Becker van Erk GbR shall cease to process the personal data in the event of an objection unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject; or if processing the personal data serves the assertion, exercise or defense of legal claims. If Becker van Erk GbR processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to profiling, insofar as it is related to such direct marketing. If the data subject objects to Becker van Erk GbR to the processing for direct marketing purposes, Becker van Erk GbR will no longer process the personal data for these purposes. The data subject also has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by Becker van Erk GbR for scientific or historical research purposes, or for statistical purposes pursuant to Article 89 (1) GDPR, unless such processing is necessary for the performance of a task carried out for reasons of public interest. In order to exercise the right to object, the data subject may directly contact any employee of Becker van Erk GbR. The data subject is also free, in the context of using information society services, to exercise his/her right to object by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.

(h) Automated decisions on a case-by-case basis, including profiling: Any data subject shall have the right, granted by the European legislator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller; or (2) is permitted by EU or Member State law to which the controller is subject and that law contains suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or (3) is made with the data subject's explicit consent. If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the data controller, or (2) it is made with the data subject's explicit consent, Becker van Erk GbR shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, which include, but are not limited to, the data subject’s right to obtain intervention on the part of the controller, to express his or her point of view and to contest the decision. If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact any employee of the controller.

(i) Right to revoke consent under data protection law: Any person affected by the processing of personal data shall have the right, granted by the European legislator, to revoke their consent to the processing of personal data at any time. Should the data subject wish to exercise the right to revoke their consent, he or she may, at any time, contact any employee of the controller.

10. Legal foundation of data processing

The legal foundation for our data processing operations with consent for specific purposes is based on Article 6 GDPR. In cases where the processing of personal data is necessary for the performance of a contract to which the data subject is a party, such as processing operations necessary for the delivery of goods or the performance of another service or return service, processing is based on Article 6 GDPR. The same applies to such processing operations that are necessary for the implementation of pre-contractual steps, e. g. in the case of inquiries about our products or services. If our company is subject to a legal obligation by which a processing of personal data becomes necessary, such as for the fulfillment of tax obligations, the processing is based on Art. 6 (c) GDPR. In rare cases, the processing of personal data might become necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. In such cases the processing would be based on Art. 6 (d) GDPR. Finally, processing operations could be based on Art. 6 (f) GDPR. Processing operations that are not covered by any of the aforementioned legal grounds are based on this legal foundation if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, the legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, sentence 2 GDPR).

11. Legitimate interest in the processing pursued by the controller or a third party

If the processing of personal data is based on Article 6 (f) GDPR, our legitimate interest is the performance of our business activities for the benefit of the well-being of all our employees and our shareholders.

12. Duration for which the personal data are stored

The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfillment or initiation of the contract.

13. Legal or contractual requirements for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision

We would like to inform you that the provision of personal data is partly required by law (e. g. tax regulations) or may result from contractual regulations (e. g. information on the contractual partner). Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. Thus, a data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject can not be concluded. Before providing personal data, the data subject must contact one of our employees. Our employee will explain to the data subject 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 the contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.

14. Existence of automated decision making

As a responsible organization we do not use automatic decision-making or profiling.

This Privacy Policy was created by the Privacy Policy generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the External Data Protection Officer Hamburg in cooperation with the data protection lawyer Christian Solmecke.