Privacy Policy

We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the be-oh Marketing GmbH. The use of the Internet pages of the be-oh Marketing GmbH is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the be-oh Marketing GmbH. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, the be-oh Marketing GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.

 
1. Definitions

The data protection declaration of the be-oh Marketing GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.

In this data protection declaration, we use, inter alia, the following terms:

• a) Personal data: Personal data means any information relating to an identified or identifiable natural person (“data subject”). 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: Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
• c) Processing: Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. 
• d) Restriction of processing: Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future. 
• e) Profiling: Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. 
• f) Pseudonymisation: Pseudonymisation is the processing of personal data in such a manner 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 separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person. 
• g) Controller or controller responsible for the processing: Controller or controller responsible for the processing 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 Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. 
• 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: Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing. 
• j) Third party: Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
• k) Consent: Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and Address of the controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

be-oh Marketing GmbH
Bundesstraße 25 | 2. OG
6430 Ötztal-Bahnhof
Austria

Phone: +43 5265 50116
Email: datenschutz@be-oh.at
Website: www.biohotels.info

3. Cookies

The Internet pages of the be-oh Marketing GmbH use cookies. Cookies are text files that are stored in a computer system via an Internet browser.

Many Internet sites 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 character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the dats subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, the be-oh Marketing GmbH can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user's computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.

The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.

 

 4. Collection of general data and information

The website of the be-oh Marketing GmbH collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, the be-oh Marketing GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the be-oh Marketing GmbH analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

5. website analysis

• a) Google Analytics: This website uses Google Analytics, a web analysis service of Google Inc (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. In view of the discussion about the use of analysis tools with full IP addresses, we would like to point out that IP addresses are only processed in abbreviated form on this website. By using Google Analytics with the extension “_anonymizeIp()”, a personal reference of the collected data is excluded, but by activating IP anonymization on this website, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

• b) Google Ads: This website uses Google Ads. Google Ads is an internet advertising service that allows advertisers to place ads both in Google's search engine results and in the Google advertising network. Google Ads allows an advertiser to specify certain keywords in advance, which are used to display an ad in Google's search engine results only when the user uses the search engine to retrieve a keyword-relevant search result. In the Google advertising network, the ads are distributed to relevant websites using an automatic algorithm and taking into account the previously defined keywords.

The purpose of Google Ads is to promote our website by displaying interest-relevant advertising on the websites of third-party companies and in the search engine results of the Google search engine.

If a data subject reaches our website via a Google ad, a so-called conversion cookie is stored on the data subject's IT system by Google. What cookies are has already been explained above. A conversion cookie loses its validity after thirty days and is not used to identify the data subject. If the cookie has not yet expired, the conversion cookie is used to track whether certain sub-pages, such as the shopping cart from an online store system, have been accessed on our website. The conversion cookie enables both us and Google to track whether a data subject who has reached our website via an AdWords ad has generated a sale, i.e. completed or canceled a purchase of goods or services.

The data and information collected through the use of the conversion cookie is used by Google to compile visit statistics for our website. These visit statistics are in turn used by us to determine the total number of users who were referred to us via AdWords ads, i.e. to determine the success or failure of the respective AdWords ad and to optimize our AdWords ads for the future. Neither our company nor other Google AdWords advertisers receive information from Google that could be used to identify the data subject.

The conversion cookie is used to store personal information, such as the websites visited by the data subject. Each time our website is visited, personal data, including the IP address of the Internet connection used by the data subject, 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 data collected through the technical process with third parties.

The conversion cookie is used to store personal information, such as the websites visited by the data subject. Each time our website is visited, personal data, including the IP address of the Internet connection used by the data subject, 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 data collected through the technical process with third parties.

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies.Such a setting of the Internet browser used would also prevent Google from placing a conversion cookie on the data subject's IT system.In addition, a cookie already set by Google Ads can be deleted at any time via the Internet browser or other software programs.Furthermore, the data subject has the option of objecting to interest-based advertising by Google.To do this, the data subject must call up the link www.google.de/settings/ads from each of the Internet browsers they use and make the desired settings there.

Neither our company nor other Google AdWords advertisers receive information from Google that could be used to identify the data subject.

The conversion cookie is used to store personal information, such as the websites visited by the data subject. Each time our website is visited, personal data, including the IP address of the Internet connection used by the data subject, 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 data collected through the technical process with third parties.

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a conversion cookie on the data subject's IT system. In addition, a cookie already set by Google Ads can be deleted at any time via the Internet browser or other software programs.

Furthermore, the data subject has the option of objecting to interest-based advertising by Google. To do this, the data subject must call up the link www.google.de/settings/ads from each of the Internet browsers they use and make the desired settings there.

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.de/intl/de/policies/privacy/

• c) Use of TAO: This website uses TAO, a web analysis service of vioma GmbH (“vioma”). TAO also uses so-called “cookies”, text files which are stored on your computer and which enable your use of the website to be analyzed. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by vioma on servers in Germany. vioma will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. vioma may also transfer this information to third parties where required to do so by law, or where such third parties process the information on vioma's behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by vioma in the manner and for the purposes set out above.
• d) Hotjar: This website uses Hotjar. Hotjar is a web analysis service that analyzes the online behavior (click, tap, scroll, heatmaps, recordings, etc.) of users for the purpose of continuously improving the usability of this website. The operating company of Hotjar is Hotjar Ltd, Level 2, St. Julians Business Center 3, Elia Zammit Street, St. Julians STJ 1000, Malta (EU). The operating company ensures that only the user of the service has access to the data collected. The collected data is stored electronically in Ireland, Europe on the Amazon Web Service infrastructure eu-west1 Datacenter. The servers and database run within the Amazon VPC, Virtual Private Cloud. The database containing user data is only accessible from the application server; no external sources are allowed to connect to this server. Data is stored for a maximum of 365 days. Hotjar collects data anonymously by assigning a unique user identifier (UUID) to visitors to this website. This allows returning visitors to be identified without the need to access personal data such as IP addresses. IP addresses are always suppressed before they are saved. This is done by setting the last octet of IPv4 addresses to 0. This ensures that complete IP addresses are never stored. In the case of user recordings, personal data provided by the user during the session (e.g. when filling in form fields) is suppressed and this data does not reach Hotjar's servers, nor is this data visible in the recordings. Further data protection information from Hotjar Ltd. can be found here: https://help.hotjar.com/hc/en-us/sections/115003180467-Privacy-Security-and-Operations If you wish to deactivate data collection by Hotjar, click on the following link and follow the instructions there: https://www.hotjar.com/opt-out Please note that Hotjar must be deactivated separately for each browser or end device.

 

6. remarketing 

• a) Google Ads Remarketing: This website uses cookies with the purpose of addressing visitors via remarketing campaigns with online advertising at a later point in time in the Google advertising network. To place remarketing ads, third-party providers such as Google use cookies based on a visit to this website. As a user, you have the option of deactivating the use of cookies by Google by visiting the page for deactivating Google at https://adssettings.google.com/?hl=de.
• b) Facebook Pixel: In addition, components of the company Facebook are integrated on our website. Facebook is a social network. A social network is a social meeting place operated on the Internet, an online community that generally enables users to communicate with each other and interact in virtual space. A social network can serve as a platform for the exchange of opinions and experiences or enable the Internet community to provide personal or company-related information. Among other things, Facebook allows users of the social network to create private profiles, upload photos and network via friend requests.

The operating company of Facebook is Facebook, Inc, 1 Hacker Way, Menlo Park, CA 94025, USA. If a data subject lives outside the USA or Canada, the controller for the processing of personal data is Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a Facebook component (Facebook plug-in) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding Facebook component from Facebook through the Facebook component. A complete overview of all Facebook plug-ins can be accessed at https://developers.facebook.com/docs/plugins/?locale=de_DE. During the course of this technical procedure, Facebook is made aware of what specific sub-page of our website was visited by the data subject.

If the data subject is logged in to Facebook at the same time, Facebook recognizes which specific subpage of our website the data subject is visiting each time the data subject accesses our website and for the entire duration of the respective stay on our website. This information is collected by the Facebook component and assigned by Facebook to the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated on our website, for example the “Like” button, or if the data subject makes a comment, Facebook assigns this information to the personal Facebook user account of the data subject and stores this personal data.

Facebook always receives information via the Facebook component that the data subject has visited our website if the data subject is logged in to Facebook at the same time as accessing our website; this takes place regardless of whether the data subject clicks on the Facebook component or not. If the data subject does not want this information to be transmitted to Facebook, they can prevent the transmission by logging out of their Facebook account before accessing our website.

The data policy published by Facebook, which is available at https://de-de.facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. It also explains what settings options Facebook offers to protect the privacy of the data subject. In addition, various applications are available that make it possible to suppress data transmission to Facebook, for example the Facebook blocker from the provider Webgraph, which can be obtained at http://webgraph.com/resources/facebookblocker/. Such applications can be used by the data subject to suppress data transmission to Facebook.

This website also uses the remarketing function “Custom Audiences” of Facebook Inc (“Facebook”). This function is used to present interest-based advertisements (“Facebook ads”) to visitors to this website when they visit the social network Facebook. The Facebook remarketing tag has been implemented on this website for this purpose. This tag establishes a direct connection to the Facebook servers when you visit the website. It is transmitted to the Facebook server that you have visited this website and Facebook assigns this information to your personal Facebook user account. The data collected is anonymous to us, i.e. we do not see the personal data of individual users. However, this data is stored and processed by Facebook. For more information on the collection and use of data by Facebook as well as your rights in this regard and options for protecting your privacy, please refer to Facebook's privacy policy at https://www.facebook.com/about/privacy. Alternatively, you can deactivate the remarketing function “Custom Audiences” at https://www.facebook.com/settings/?tab=ads. To do this, you must be logged in to Facebook.

 

7. integrated content (iframes) and plugins/components

• a) YouTube: On our website, we also use embedded content (videos) from YouTube, LLC 901 Cherry Ave, 94066 San Bruno, CA, USA, a company of Google Inc, Amphitheatre Parkway, Mountain View, CA 94043, USA. When you access a website with such content, a connection to the YouTube servers is established and the content is displayed on the website by notifying your browser. This tells the YouTube server which of our websites you have visited. If you are logged in to YouTube as a member, YouTube assigns this information to your personal user account on this platform. You can prevent such an assignment by logging out of your user account before visiting our website.
• b) Facebook: We also use plugins from the social network facebook.com on our website, which is operated by Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). When you access web pages on our website that contain such a plugin, a connection to the Facebook servers is established and the plugin is displayed on the website by notifying your browser. This tells the Facebook server which of our web pages you have visited. If you are logged in to Facebook as a member, Facebook assigns this information to your personal Facebook user account. When using the plugin functions (e.g. clicking the “Like” button, posting a comment), this information is also assigned to your Facebook account, which you can only prevent by logging out before using the plugin. You can also find detailed information under point 6 Facebook Pixel. For more information on the collection and use of data by Facebook, your rights in this regard and options for protecting your privacy, please refer to Facebook's privacy policy.
• c) Instagram: Functions of the Instagram service are integrated on our pages. These functions are offered by Instagram Inc, 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the content of our pages to your Instagram profile by clicking on the Instagram button. This allows Instagram to associate your visit to our pages with your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by Instagram. You can find more information on this in Instagram's privacy policy: https://instagram.com/about/legal/privacy/
• d) Issuu: We also use integrated content (e.g. online flip page catalogs) from Issuu, 131 Lytton Ave, Palo Alto, CA 94301, USA.
• e) OpenStreetMap: This site uses the open source mapping tool “OpenStreetMap” (OSM) via an API. The provider is the OpenStreetMap Foundation. To use the functions of OpenStreetMap, it is necessary to save your IP address. This information is usually transmitted to an OpenStreetMap server and stored there. The provider of this site has no influence on this data transfer. The use of OpenStreetMap is in the interest of an appealing presentation of our online offers and to make it easy to find the places we have indicated on the website. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR. You can find more information on the handling of user data on the OpenStreetMap data protection page and here http://wiki.openstreetmap.org/wiki/Legal_FAQ.

 

8. E-Mail Marketing / Newsletter

You can register for our newsletter using the corresponding registration form. To do so, you must provide us with your first name, surname, title, e-mail address and country. We also require your declaration that you agree to receive the newsletter. You can provide us with further information to optimize the newsletter on a voluntary basis. In addition, the IP address assigned to you at the time of registration and the time of your registration will be stored. For security reasons, we use CAPTCHA; this data is also collected and stored by us. As soon as you have registered for the newsletter, we will send you a confirmation e-mail with a link to confirm your registration (double opt-in procedure).

We will only use your e-mail address to send you our newsletter, which we generally send out on a weekly basis. You can unsubscribe from the newsletter at any time by clicking on the unsubscribe link in the newsletter. Alternatively, you can also send us a message to the following address: office@be-oh.at. We will then immediately delete your data in connection with our newsletter mailing.

In some of our e-mail messages we use a so-called “click-through URL”, which is linked to content on our website. When you click into such a URL address, you pass through our web server before you reach the actual destination web page. We track this “click-through” data to determine what interest there is in certain topics and to measure the efficiency of communication with our customers. If you want to avoid such data being collected, please do not click on any text or graphic links in e-mails.

9. Competitions 

You can take part in competitions on our website using the relevant participation form. By doing so, you agree that your personal data, namely title, first and last name and email address, will be stored and used by us as part of the respective competition. We also require the answer to the respective competition question and your declaration that you agree to our conditions of participation and our data protection declaration. Further information can be requested on a voluntary basis. For example, in competitions you usually also have the option of registering for our newsletter. Our data protection regulations apply here, which you can find in point 8. E-mail marketing / newsletter in this data protection declaration. If you subscribe to our newsletter as part of participating in competitions, we will store your personal data for the purpose of sending the newsletter; if you do not subscribe to our newsletter as part of participating in competitions, your data will be deleted immediately after the competition has been successfully completed and the winners have accepted their prizes. Your data will of course be treated confidentially and will not be passed on to third parties without your express permission.

10. Data security 

We use technical and organizational measures to protect our website and other systems against loss, destruction, access, alteration or distribution of your data by unauthorized persons. Despite regular checks, complete protection against all risks is not possible.

• a) SSL or TLS encryption: For security reasons and to protect the transmission of confidential content, such as orders or inquiries that you send to us as the website operator, this site uses SSL or TLS encryption. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line. If SSL or TLS encryption is activated, the data that you send to us cannot be read by third parties.
• b) Encrypted payment transactions on this website: If, after concluding a paid contract, you are obliged to send us your payment details (e.g. account number for direct debit authorization), this data is required to process the payment. Payment transactions using common payment methods (Visa/MasterCard, direct debit) are carried out exclusively via an encrypted SSL or TLS connection. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line. With encrypted communication, your payment details that you send to us cannot be read by third parties.

11. Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

12. Rights of the data subject

• a) Right of confirmation
  Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
• b) Right of access
  Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
• • the purposes of the processing;
  • the categories of personal data concerned;
  • the 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;
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  • the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
  • the existence of the right to lodge a complaint with a supervisory authority;
  • where the personal data are not collected from the data subject, any available information as to their source;
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

• c) Right to rectification
  Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
  If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
• d) Right to erasure (Right to be forgotten)
  Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary: 
• • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  • The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
  • The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
  • The personal data have been unlawfully processed.
  • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
  • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

• e) Right of restriction of processing
  Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
• • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
  • The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
  • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
  • The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification 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 the processing of personal data stored by the be-oh Marketing GmbH, he or she may at any time contact any employee of the controller. The employee of the be-oh Marketing GmbH will arrange the restriction of the processing. 
• f) Right to data portability
  Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not 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, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
  In order to assert the right to data portability, the data subject may at any time contact any employee of the be-oh Marketing GmbH.
• g) Right to object
  Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
  The be-oh Marketing GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
  If the be-oh Marketing GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the be-oh Marketing GmbH to the processing for direct marketing purposes, the be-oh Marketing GmbH will no longer process the personal data for these purposes.
  In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the be-oh Marketing GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the 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 contact any employee of the be-oh Marketing GmbH. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
• h) Automated individual decision-making, including profiling
  Each 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, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on 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 a data controller, or (2) it is based on the data subject's explicit consent, the be-oh Marketing GmbH shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
  If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the be-oh Marketing GmbH.
• i) Right to withdraw data protection consent
  Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
  If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the be-oh Marketing GmbH.

 

14. Legal basis for the processing 

Art. 6 (1) lit. a GDPR serves as the legal basis for processing operations for 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 data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his 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(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

 

15. The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

16. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject 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 the consequences of non-provision of the personal data.

This Privacy Policy has been generated by the Privacy Policy Generator of the External Data Protection Officers that was developed in cooperation with the Media Law Lawyers from WBS-LAW.