PRIVACY POLICY

§ 1 General information

Your personal data (e.g. salutation, name, address, email address, phone number) shall only be processed in accordance with the German data protection act and the European Union's (EU) General Data Protection Regulation. In addition to the reasons for processing, recipients, legal bases, and retention periods, the following guidelines also include information about your rights and the data controller responsible for processing your data. This privacy policy only applies to our websites. If you are redirected to other websites via links, please read the respective privacy policies on these websites to learn how your data are processed.

§ 2 Contact

(1) Purpose of the processing

We process the personal data you share with us via email, contact forms, etc. in order to answer and fulfill your requests. You are not obligated to provide your personal data to us. However, if you do not share your email address, we are unable to respond to you via email.

(2) Legal bases

a) If you explicitly consent to the processing of your data, Article 6 (1a) GDPR serves as the legal basis for processing.

b) If we process your data to implement measures in the context of a preliminary contract, Article 6 (1b) GDPR serves as the legal basis.

c) In all other cases (particularly when a contact form is used), Article 6 (1f) GDPR applies as the legal basis. 

RIGHT TO OBJECT: You have the right to object to any data processing, which is conducted on the legal basis of Article 6 (1 f) GDPR and does not serve direct marketing purposes, for reasons relating to your particular situation, at any time.

In the case of direct marketing, however, you may object to processing at any time without the provision of reasons.

(3) Legitimate interest

Our legitimate interest in the processing of your data is our desire to communicate with you in a timely manner and to respond to your requests in a cost-effective way. If you share your mailing address with us, we reserve the right to use it for direct marketing via postal service. You may maintain your interest in data protection by sharing your data sparingly (e.g. by using a pseudonym).

(4) Recipient categories

Hosting providers, shipping providers for direct marketing

(5) Retention period

Your data are deleted when circumstances indicate that your request has been completed or the respective matter has been conclusively resolved.

However, in the event that a contract is concluded, we retain data in accordance with the retention period prescribed by commercial and tax law, typically ten years (compare § 257 German commercial code, § 147 German tax code).

(6) Right of cancellation

You are authorised to withdraw your consent to data processing at any time.

(3) Information about cookies

(1) Purpose of the processing

This website uses cookies that are essential to site functions. Cookies are small text files stored on your computer in or by your Internet browser.

(2) Legal basis

Legal basis for processing is Article 6 (1 f) GDPR.

(3) Legitimate interest

Our legitimate interest is the functionality of our website. The user data collected by technologically essential cookies are not used to create user profiles. We thereby protect your privacy interests.

(4) Retention period

Essential website cookies are typically deleted when your browser is closed. The lifespan of permanently stored cookies varies from several minutes to several years.

(5) RIGHT TO OBJECT:

If you do not wish that these cookies are stored, please disable the storage of cookies in your web browser. However, this may result in the limited functionality of our website. You may also delete permanently stored cookies at any time via your browser.

§ 4 Rights of the data subject

If your personal data are processed, you are the data subject as defined by the GDPR and entitled to the following rights in your relations with the data controller:

1. Right to access

You may request the data controller to confirm whether your personal data is processed by us.

In this case you may request information from the data controller about:

(1) the purposes for which the personal data are processed;

(2) the categories of personal data being processed;

(3) the recipient or categories of recipients to whom the respective personal data was or will be disclosed;

(4) the intended period for which your personal data will be stored or, if specific information is not available, criteria for determining the storage period;

(5) the existence of the right to request from the data controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;

(6) the right to lodge a complaint with a supervisory authority;

(7) where the personal data are not collected from the data subject, any available information as to their source;

(8) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

You have the right to receive information about the transfer of your personal data to a third country or to an international organisation. In this context you may request to be informed of appropriate safeguards pursuant to Article 46 GDPR relating to the transfer.

2. Right to rectification

You have the right to obtain the rectification of inaccurate or incomplete personal data concerning you from the data controller. The data controller must carry out the rectification without undue delay.

3. Right to restriction of processing

You have the right to obtain from the controller restriction of processing under the following circumstances:

(1) if you contest the accuracy of the personal data for a period, enabling the data controller to verify the accuracy of the personal data;

(2) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;

(3) the data 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, or

(4) you have objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the data controller override those of the data subject.

Where processing of your personal data has been restricted, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

If restriction of processing was obtained processing pursuant to the above requirements, you will be informed by the controller before the restriction of processing is lifted.

4. Right to erasure

a) obligation to erase

You have the right to obtain from the data controller the erasure of your personal data without undue delay and the controller shall have the obligation to erase this data without undue delay where one of the following grounds applies:

(1) Your personal data are no longer necessary for the purposes for which they were collected or otherwise processed.

(2) You withdraw consent on which the processing is based according to Article 6 (1)(a) or Article 9(2)(a), and where there is no other legal ground for the processing.

(3) You object to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) GDPR.

(4) Your personal data have been unlawfully processed.

(5) Your personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.

(6) Your personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.

b) Disclosure to third parties

Where the controller has made the personal data public and is obliged pursuant to Article 17(1) GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers who are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data

c) Exceptions

The right to erasure shall not apply to the extent that processing is necessary

(1) for exercising the right of freedom of expression and information;

(2) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller;

(3) for reasons of public interest in the area of public health in accordance with Article 9(2)(h) and (i) GDPR as well as Article 9(3) GDPR;

(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) GDPR in so far as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or

(5) for the establishment, exercise or defence of legal claims.

5. Right to notification

If you have exercised your right to rectification, erasure or restriction of processing with the controller, the controller is obliged to notify each recipient to whom your personal data have been disclosed of the rectification, erasure or restriction of processing, unless this proves impossible or involves disproportionate effort.

You are entitled to request the data controller to inform you about those recipients.

6. Right to data portability

You have the right to receive your personal data which you provided the data controller, in a structured, commonly used and machine-readable format. You have the right to transmit those data to another data controller without hindrance from the data controller to which the personal data have been provided, where

(1) the processing is based on consent pursuant to Article 6(1)(a) or Article 9(2)(a) or on a contract pursuant to Article 6(1)(b) and

(2) the processing is carried out by automated means.

In exercising this right you further have the right to have your personal data transmitted directly from one controller to another, where technically feasible. This right shall not adversely affect the rights and freedoms of others.

This right to data portability shall not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. Right to object

You have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data which is based on Article 6(1) (e) or (f) GDPR, including profiling based on those provisions.

The data controller shall no longer process your personal data unless the data controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

Where your personal data are processed for direct marketing purposes, you have the right to object at any time to processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing.

When objecting to processing for direct marketing purposes, your personal data shall no longer be processed for such purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

8. Right to withdraw consent

You have the right to withdraw your consent at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

9. Automated individual decision-making, including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

(1) is necessary for entering into, or performance of, a contract between you and a controller,

(2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests, or

(3) is based on your explicit consent.

These decisions, however, shall not be based on special categories of personal data referred to in Article 9(1) GDPR, unless Article 9(2)(a) or (g) applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.

In the cases referred to in points (1) and (3), the controller shall implement suitable measures to safeguard your 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 to contest the decision.

10. Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of your personal data infringes the GDPR.

The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 GDPR.

Data controller responsible for data processing:
baukreativ AG
Baukreativ-Straße 1
91628 Endsee, Germany
Phone: +49 98 43 - 98 01 0
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Contact information for our Data Protection Officer
Baukreativ-Straße 1
91628 Endsee, Germany
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11. Contact form

Should you send us questions via the contact form, we will collect the data entered on the form, including the contact details you provide, to answer your question and any follow-up questions. We do not share this information without your permission.

We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.

We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Any mandatory statutory provisions, especially those regarding mandatory data retention periods, remain unaffected by this provision.

12. Google reCAPTCHA

We use "Google reCAPTCHA" (hereinafter "reCAPTCHA") on our websites. This service is provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA ("Google").

reCAPTCHA is used to check whether the data entered on our website (such as on a contact form) has been entered by a human or by an automated program. To do this, reCAPTCHA analyzes the behavior of the website visitor based on various characteristics. This analysis starts automatically as soon as the website visitor enters the website. For the analysis, reCAPTCHA evaluates various information (e.g. IP address, how long the visitor has been on the website, or mouse movements made by the user). The data collected during the analysis will be forwarded to Google.

The reCAPTCHA analyses take place completely in the background. Website visitors are not advised that such an analysis is taking place.

Data processing is based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in protecting its site from abusive automated crawling and spam.

For more information about Google reCAPTCHA and Google's privacy policy, please visit the following links: https://www.google.com/intl/de/policies/privacy/ and https://www.google.com/recaptcha/intro/android.html.

13. Google Web Fonts

For uniform representation of fonts, this page uses web fonts provided by Google. When you open a page, your browser loads the required web fonts into your browser cache to display texts and fonts correctly.

For this purpose your browser has to establish a direct connection to Google servers. Google thus becomes aware that our web page was accessed via your IP address. The use of Google Web fonts is done in the interest of a uniform and attractive presentation of our website. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.

If your browser does not support web fonts, a standard font is used by your computer.

Further information about handling user data, can be found at https://developers.google.com/fonts/faq and in Google's privacy policy at https://www.google.com/policies/privacy/.

14. Google Maps

This site uses the Google Maps map service via an API. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

To use Google Maps, it is necessary to save your IP address. This information is generally transmitted to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer.

The use of Google Maps is in the interest of making our website appealing and to facilitate the location of places specified by us on the website. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.

Further information about handling user data, can be found in the data protection declaration of Google at https://www.google.de/intl/de/policies/privacy/.

Google Analytics

This website uses functions of the web analysis service Google Analytics. The provider of this service is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Google Analytics uses so-called cookies. Cookies are text files, which are stored on your computer and that enable an analysis of the use of the website by users. The information generated by cookies on your use of this website is usually transferred to a Google server in the United States, where it is stored.

The storage of Google Analytics cookies and the utilization of this analysis tool are based on Art. 6 Sect. 1 lit. f GDPR. The operator of this website has a legitimate interest in the analysis of user patterns to optimize both, the services offered online and the operator’s advertising activities.

IP anonymization

On this website, we have activated the IP anonymization function. As a result, your IP address will be abbreviated by Google within the member states of the European Union or in other states that have ratified the Convention on the European Economic Area prior to its transmission to the United States. The full IP address will be transmitted to one of Google’s servers in the United States and abbreviated there only in exceptional cases. On behalf of the operator of this website, Google shall use this information to analyse your use of this website to generate reports on website activities and to render other services to the operator of this website that are related to the use of the website and the Internet. The IP address transmitted in conjunction with Google Analytics from your browser shall not be merged with other data in Google’s possession.

Browser plug-in

You do have the option to prevent the archiving of cookies by making pertinent changes to the settings of your browser software. However, we have to point out that in this case you may not be able to use all of the functions of this website to their fullest extent. Moreover, you have the option prevent the recording of the data generated by the cookie and affiliated with your use of the website (including your IP address) by Google as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

deactivate Google Analytics

Objection to the recording of data

You have the option to prevent the recording of your data by Google Analytics by clicking on the following link. This will result in the placement of an opt out cookie, which prevents the recording of your data during future visits to this website: Google Analytics deactivation.

For more information about the handling of user data by Google Analytics, please consult Google’s Data Privacy Declaration at: https://support.google.com/analytics/answer/6004245?hl=en.

Contract data processing

We have executed a contract data processing agreement with Google and are implementing the stringent provisions of the German data protection agencies to the fullest when using Google Analytics.

16. Google Analytics Remarketing

Our websites use the functions of Google Analytics Remarketing in combination with the functions of Google AdWords and Google DoubleClick, which work on all devices. The provider of these solutions is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

This function makes it possible to connect the advertising target groups generated with Google Analytics Remarketing with the functions of Google AdWords and Google DoubleClick, which work on all devices. This makes it possible to display interest-based customized advertising messages, depending on your prior usage and browsing patterns on a device (e.g. cell phone) in a manner tailored to you as well as on any of your devices (e.g. tablet or PC).

If you have given us pertinent consent, Google will connect your web and app browser progressions with your Google account for this purpose. As a result, it is possible to display the same personalized advertising messages on every device you log into with your Google account.

To support this function, Google Analytics records Google authenticated IDs of users that are temporarily connected with our Google Analytics data to define and compile the target groups for the ads to be displayed on all devices.

You have the option to permanently object to remarketing / targeting across all devices by deactivating personalized advertising in your Google account. To do this, please follow this link: https://www.google.com/settings/ads/onweb/.

The consolidation of the recorded data in your Google account shall occur exclusively based on your consent, which you may give to Google and also revoke there (Art. 6 Sect. 1 lit. a GDPR). Data recording processes that are not consolidated in your Google account (for instance because you do not have a Google account or have objected to the consolidation of data), the recording of data is based on Art. 6 Sect. 1 lit. f GDPR. The legitimate interest arises from the fact that the operator of the website has a legitimate interest in the anonymized analysis of website visitor for advertising purposes.

For further information and the pertinent data protection regulations, please consult the Data Privacy Policies of Google at: https://policies.google.com/technologies/ads?hl=en.

17. Google AdWords and Google Conversion Tracking

This website uses Google AdWords. AdWords is an online promotional program of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (“Google”).

In conjunction with Google AdWords, we use a tool called Conversion Tracking. If you click on an ad posted by Google, a cookie for Conversion Tracking purposes will be placed. Cookies are small text files the web browser places on the user’s computer. These cookies expire after 30 days and are not used to personally identify users. If the user visits certain pages of this website and the cookie has not yet expired, Google and we will be able to recognise that the user has clicked on an ad and has been linked to this page.

A different cookie is allocated to every Google AdWords customer. These cookies cannot be tracked via websites of AdWords customers. The information obtained with the assistance of the Conversion cookie is used to generate Conversion statistics for AdWords customers who have opted to use Conversion Tracking. The users receive the total number of users that have clicked on their ads and have been linked to a page equipped with a Conversion Tracking tag. However, they do not receive any information that would allow them to personally identify these users. If you do not want to participate in tracking, you have the option to object to this use by easily deactivating the Google Conversion Tracking cookie via your web browser under user settings. If you do this, you will not be included in the Conversion Tracking statistics.

The storage of “Conversion” cookies and the use of this tracking tool are based on Art. 6 Sect. 1 lit. f GDPR. The website operator has a legitimate interest in the analysis of user patterns, in order to optimize the operator’s web offerings and advertising.

To review more detailed information about Google AdWords and Google Conversion Tracking, please consult the Data Privacy Policies of Google at: https://policies.google.com/privacy?hl=en.

You can set up your browser in such a manner that you will be notified anytime cookies are placed and you can permit cookies only in certain cases or exclude the acceptance of cookies in certain instances or in general and you can also activate the automatic deletion of cookies upon closing of the browser. If you deactivate cookies, the functions of this website may be limited.

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