Data Protection Declaration

I. General information and legal basis

The following declaration provides you with information on which personal data we, as the responsible party, collect on this website, what its purpose is and to what extent this data is made accessible to third parties.

1. Responsible party:

Bischoff & Munneke GmbH Gebrauchtmaschinen
Brookstieg 10
D-22145 Stapelfeld
Germany

Tel: +49 (0)40 - 471100-70
Fax: +49 (0)40 - 471100-99

E-mail: info@bma-group.de

Authorised representatives and Managing Directors: Michael Bischoff, Eric Munneke
Registry court: Amtsgericht Hamburg (district court)
Commercial register number: HRB 66528

2. Legal basis for processing

The processing of personal data requires a legal basis and we would like to present this to you here.
Article 6 paragraph 1 lit. a of the GDPR is valid as the legal basis for the processing of personal data for which we gather the consent of the affected person.
Article 6 paragraph 1 lit. b of the GDPR is valid as the legal basis for the processing of personal data for the fulfilment of a contract for which the affected person is a contractual party. This also applies to processing procedures that are necessary for the execution of pre-contractual measures.
Article 6 paragraph 1 lit. c of the GDPR is valid as the legal basis where the processing of personal data is necessary to fulfil a legal obligation to which our company is subject.
Article 6 paragraph 1 lit. f of the GDPR is valid as the legal basis if the processing is necessary to safeguard the legitimate interests of our company or of a third party and where the interests and fundamental rights and freedoms of the affected person do not outweigh the former. The legitimate interest of our company lies in the execution of our business activities and in the analysis, optimisation and maintenance of security of our online product.

3. Recipients of personal data

In the scope of our business activities, we cooperate with various external parties. In some cases, this also requires the transfer of personal data to these external parties. We only disclose personal data to external parties if this is required as part of the fulfillment of a contract, if we are legally obligated to do so (e.g., disclosure of data to tax authorities), if we have a legitimate interest in the disclosure pursuant to Art. 6 (1)(f) GDPR, or if another legal basis permits the disclosure of this data. When using processors, we only disclose personal data of our customers on the basis of a valid contract on data processing. In the case of joint processing, a joint processing agreement is concluded.

II. Hosting

We are hosting the content of our website at the following provider:

External Hosting

This website is hosted externally. Personal data collected on this website are stored on the servers of the host. These may include, but are not limited to, IP addresses, contact requests, metadata and communications, contract information, contact information, names, web page access, and other data generated through a web site.

The external hosting serves the purpose of fulfilling the contract with our potential and existing customers (Art. 6(1)(b) GDPR) and in the interest of secure, fast, and efficient provision of our online services by a professional provider (Art. 6(1)(f) GDPR). If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6 (1)(a) GDPR and § 25 (1) TDDDG, insofar the consent includes the storage of cookies or the access to information in the user's end device (e.g., device fingerprinting) within the meaning of the TDDDG. This consent can be revoked at any time.

Our host(s) will only process your data to the extent necessary to fulfil its performance obligations and to follow our instructions with respect to such data.

We are using the following host(s):

Cyber-Connect GmbH
Schulweg 17a
29640 Schneverdingen

Data processing

We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract mandated by data privacy laws that guarantees that they process personal data of our website visitors only based on our instructions and in compliance with the GDPR.

III. Logfiles

The data that the browser transfers to us within the framework of our legitimate interest in the analysis and for security reasons (so-called ‘logfiles’) are automatically saved in the server statistics.
In detail these comprise the following data:

The language and version of the browser software
The operating system used and its interface
Referrer URL (the website visited previously)
Host name of the accessing computer (IP address)
Date and time of the server enquiry
Time zone difference to Greenwich Mean Time (GMT)
Content of the request (concrete website)
Data quantity transferred
Access status/ HTTP status code.

We are not usually able to allocate this data to certain persons. This data is not combined with other data sources. The data is also deleted within 7 days following statistical evaluation. Where data needs to be retained for proof purposes we are exempt from deleting it until the relevant incident has been fully resolved.

IV. Contractual processing

The personal data that you provide for contractual purposes e.g. for bid requests, such as name, address or e-mail address is only used internally in order to reply to your request, process your orders or to give you access to certain contractual information.

V. Contact

When you contact us by e-mail or via the contact form we save your information in order to answer your questions.
In principle the data is not transferred to a third party except if the valid data protection regulations justify transfer or we are legal obliged to do so. You can withdraw the consent that you gave at any time with effect for the future. If you withdraw the consent then your data will be deleted immediately as long as there are no exceptional legal reasons for further processing. Otherwise your data will be deleted as soon as we have processed your request or the purpose of saving it is no longer valid and there are no other exceptional legal reasons that contradict its erasure. You can obtain information on the data that we store on you at any time.

VI. Cookies

This website using cookies. Cookies are small text files that are stored on your computer and that provide the site that set the cookie with certain information. They serve to make services on the Internet more user friendly and more effective and/or to make it easier for you to navigate around our website.

Of course you can also use our website without accepting cookies. You can also configure your browser settings according to your wishes and refuse e.g. acceptance of third-party cookies or of all cookies or delete cookies that you have already stored. If you do not accept cookies then please note that our product may not function perfectly in some circumstances.
You can find out which functions on our website set cookies under the individual functions.

Use of Cookiebot
Cookiebot is an online service that helps us use cookies and track them online in compliance with data protection legislation. When using the web service Cybot A/S (Havnegade 39, 1058 Copenhagen, Denmark), your browser transmits personal data to the company named. The legal basis for the processing of this data is Art. 6(1)(f) GDPR. Our legitimate interest is the error-free functioning of our website. This data is erased as soon as the purpose for which it was collected has been fulfilled. Further information on how the transmitted data is handled is provided in Cookiebot’s privacy policy: www.cookiebot.com/en/privacy-policy/ . You can prevent cook-iebot.com from collecting and processing your data by deactivating the execution of script code or installing a script blocker in your browser (available for example at www.noscript.net or www.ghostery.com). You have the right to change or withdrawyour consent at any time.

Change consent
Withdraw consent

VII. Newsletter

If you would like to receive the newsletter that we offer on our website then we need a valid e-mail address that allows us to check that you are the owner of the e-mail address or that the owner agrees to receive the newsletter.

After you provide us with the e-mail address we will send you a confirmation e-mail to that address asking you to confirm that you wish to receive the newsletter. If you do not confirm within 24 hours then your data relating to the newsletter distribution will be deleted automatically. If you confirm your wish to receive the newsletter then we will only store your e-mail address until you cancel the newsletter.
We only send newsletters with your consent or with legal permission.

Your personal data will not be transferred to third parties.

You can withdraw your consent for the storage of the data, the e-mail address and its use to transfer the newsletter at any time. You can find a link to cancel the newsletter at the end of each newsletter. If the user has only registered for the newsletter and has cancelled this registration then your personal data will be deleted.

VIII. Registration

Our website offers the opportunity to register. The personal data that is inputted in the course of the registration is transferred to the person responsible for processing. We only save the data for internal use purposes.
During registration the IP address of the user and the date and time of registration are saved. This serves to prevent misuse of the services. The data is not transferred to third parties. An exception to this is if there is a legal obligation to transfer this data.
The registration of the data is necessary in order to provide content or services. Registered persons can demand the erasure or modification of the saved data at any time. The affected person can receive information on the personal data saved on him or her at any time.

IX. Transfer of the data to third parties

We transfer data to third parties if this is necessary in order to fulfil a contract and/or we are legally obliged and/or entitled to do so in individual cases.

We sometimes make use of external service providers in our legitimate interest for analysis, optimisation and the efficient operation of our online product. This always assumes that the third party providers of this content are aware of the IP address of the users as they cannot send the content to their browsers without the IP address. Thus the IP address is necessary in order to display this content. Third party providers can also use so-called pixel tags (invisible icons, also called ‘web beacons’) for statistical or marketing purposes. The pixel tags allow information such as visitor traffic to the pages on the website to be evaluated. The pseudonym information can also be saved on the user’s appliance in cookies and can include technical information similar to logfiles, as well as other information. Our service providers are listed in the following.

If your data is to be used for other purposes then we will inform you of this in advance and only use your data if you have given your express consent in advance.

Service Provider Google

We use the services of Google Ireland Limited („Google“), Gordon House, Barrow Street, Dublin 4, Ireland in our legitimate interest in the analysis, optimisation and efficient operation of our online product. Google is certified under the Privacy Shield agreement and thus provides a guarantee to uphold European data protection law
(https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

Google Analytics

This website uses Google Analytics as a web analysis service. Google Analytics uses so-called ‘cookies’, text files that are stored on your computer and allow you to analyse use of the website. The information created by the cookie regarding your use of this website (including your IP address) is transferred to a Google server in the USA and saved there.

Please note that this website uses Google Analytics with the extension ‘_anonymizeIp()’ and that therefore IP addresses are abbreviated by Google in member states within the European Union or in other countries that are contracting parties to the agreement on the European Economic Area prior to transfer in order to rule out direct personal identification. The full IP address is only transferred to a Google server in the USA and then abbreviated there in exceptional cases.
Google will use this information on behalf of the provider in order to evaluate your use of the website, in order to compile reports on the website activity for the website operator and to provide further services associated with website use and Internet use. Google may transfer this information to third parties if this is legally required or if third parties process this data on behalf of Google. Google will never associate your IP address with other Google data. You can prevent installation of the cookies in the relevant setting in your browser software; however please note that you may then not be able to use all the functions on this website fully.
The purpose and scope of the data collection and the further processing and use of the data by Google and your rights and available settings in this regard in order to protect your privacy can be found in the Google data protection notes at http://www.google.de/intl/de/policies/privacy/?hl=de and specifically for Google Analytics at https://www.google.com/policies/privacy/partners/?hl=de and at https://support.google.com/analytics/answer/6004245?hl=de
By using this website you declare your agreement to Google processing the data collected about you in the way described above and for the abovementioned purpose.
Data collection and storage by Google can be cancelled at any time for each appliance with effect for the future in connection with its use under this link:
http://tools.google.com/dlpage/gaoptout?hl=de
You can also prevent collection by Google Analytics by clicking on the following link. An opt-out cookie will be set that prevents future collection of your data when you visit this website:

Deactivate Google Analytics

Attention: If you delete your cookies then this means that the deactivation cookie is also deleted and that you will need to set it again.

The company is certified in accordance with the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the US, which is intended to ensure compliance with European data protection standards for data processing in the US. Every company certified under the DPF is obliged to comply with these data protection standards. For more information, please contact the provider under the following link: https://www.dataprivacyframework.gov/s/participant-search/participant-detail?contact=true&id=a2zt000000001L5AAI&status=Active

YouTube with expanded data protection integration

Our website embeds videos of the website YouTube. The website operator is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

We use YouTube in the expanded data protection mode. According to YouTube, this mode ensures that YouTube does not store any information about visitors to this website before they watch the video. Nevertheless, this does not necessarily mean that the sharing of data with YouTube partners can be ruled out as a result of the expanded data protection mode. For instance, regardless of whether you are watching a video, YouTube will always establish a connection with the Google DoubleClick network.

As soon as you start to play a YouTube video on this website, a connection to YouTube’s servers will be established. As a result, the YouTube server will be notified, which of our pages you have visited. If you are logged into your YouTube account while you visit our site, you enable YouTube to directly allocate your browsing patterns to your personal profile. You have the option to prevent this by logging out of your YouTube account.

Furthermore, after you have started to play a video, YouTube will be able to place various cookies on your device or comparable technologies for recognition (e.g. device fingerprinting). In this way YouTube will be able to obtain information about this website’s visitors. Among other things, this information will be used to generate video statistics with the aim of improving the user friendliness of the site and to prevent attempts to commit fraud.

Under certain circumstances, additional data processing transactions may be triggered after you have started to play a YouTube video, which are beyond our control.

The use of YouTube is based on our interest in presenting our online content in an appealing manner. Pursuant to Art. 6(1)(f) GDPR, this is a legitimate interest. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TDDDG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TDDDG. This consent can be revoked at any time.

For more information on how YouTube handles user data, please consult the YouTube Data Privacy Policy under: https://policies.google.com/privacy?hl=en.

X. Rights of the affected person

You are entitled to information on the personal data that we store about you. In accordance with the law you have a right to correction of incorrect data, blocking, data transferability and erasure of your personal data. Send us an e-mail in this regard with the subject ‘Data protection’.
You are also entitled to complain to a data protection supervision authority if you are of the opinion that the processing of your personal data violates statutory regulations.

If you have given consent then you are entitled to revoke the consent at any time. This does not affect the legality of the processing that took place based on the consent prior to revocation.

You can cancel the future processing of your personal data at any time in accordance with the statutory regulation. The cancellation can be specifically against processing for direct advertising purposes.

XI. Storage duration for personal data

We store personal data for the duration of the relevant statutory storage period and/or as long as the purpose of collection is valid. After the storage period the data will be routinely deleted where it is not required for the initiation or fulfilment of a contract. If the user’s data is not deleted because it is necessary for other, legally permissible purposes this processing will be limited as far as possible. The data will be blocked where possible and not processed for other purposes. This is valid, e.g. for user data that needs to be stored for commercial or tax law reasons.

XII. Safety information

We work hard to ensure that your personal data is processed using all technical and organisation opportunities so that the data protection laws are followed and this data is protected. Our website or the communication via our website with us is encrypted via HTTPS.

This data protection declaration was provided by Rechtsanwaltskanzlei Sieling – Specialist Law Office for IT Law.