We would like to use the information below to provide you "data subject" with an overview of our processing of your personal data and your rights under data protection law. It is generally possible to use our website without entering personal data. However, if you wish to make use of special services offered by our company through our website, it may be necessary to process personal data. If it is necessary to process personal data and there is no legal basis for such processing, we will generally obtain your consent.
Personal data, such as your name, address or email address, is always processed in accordance with the EU General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations applicable to the "Bitmade GbR". The aim of this Privacy Notice is to inform you about the scope and purpose of the personal data we collect, use and process.
As the data controller, we have implemented numerous technical and organisational measures to ensure the most complete possible protection of the personal data processed via this website. Nevertheless, Internet-based data transmissions can in principle have security gaps so that absolute protection cannot be guaranteed. For this reason, you are free to submit personal data on alternative ways, such as by phone or by post to us.
2. Data controller
The data controller, as defined by the GDPR, is:
Hagenberg & Moritz GbR
Phone: +49 201 201 858 93 151
Data controller’s representative: Johannes Hagenberg & Manuel Moritz-Schliesing
3. Data protection officer
You can reach the data protection officer as follows:
Phone: 0201 - 890 66 123
You may contact our data protection officer directly at any time if you have any questions or suggestions regarding data protection.
We use the following terms in this Privacy Notice, among others:
1. Personal data
Personal data means any information relating to an identified or identifiable natural person. 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.
2. Data subject
A data subject is any identified or identifiable natural person whose personal data is processed by the data controller (our company).
Processing means 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.
4. Restriction to processing
Restriction to processing means marking stored personal data with the aim of limiting its processing in future.
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.
Pseudonymisation is the processing of personal data in such a way that the data can no longer be assigned to a specific data subject without additional information being provided, given that such additional information is kept separate and subject to appropriate technical and organisational measures that ensure that personal data cannot be attributed to an identified or identifiable natural person.
7. Data processor
The processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient means a natural or legal person, public authority, agency or another body, to which the personal data is 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.
9. Third parties
Third party means 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.
Consent 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.
5. Legal basis for processing
Article 6 Paragraph 1(a) GDPR serves as our company?s legal basis for processing operations in 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 you are a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or consideration, processing is based on Article 6 Paragraph 1(b) GDPR. The same applies to those processing operations required to carry out pre-contractual measures, such as in cases of queries regarding our products or services.
If our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfilment of tax obligations, processing is based on Article 6 Paragraph 1(c) GDPR.
In rare cases, 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 someone visiting our business were to be injured and their name, age, health insurance data or other vital information needed to be disclosed to a doctor, hospital or other third party. Processing would then be based on Article 6 Paragraph 1(d) GDPR.
Finally, processing operations could be based on Article 6 Paragraph 1(f) GDPR. Processing operations not based on any of the above-mentioned legal bases may be carried out on the basis of Article 6 Paragraph 1(f) GDPR if processing is necessary to safeguard the legitimate interests of our company or those of a third party, provided the interests and fundamental rights and freedoms of the data subject do not take precedence. We are permitted to engage in such processing operations in particular because they have been specifically mentioned in European law. In this respect, the legislature took the view that a legitimate interest could be assumed if you are a customer of our company (Recital 47 Sentence 2 GDPR).
6. Disclosure of data to third parties
Your personal data will not be sent to third parties for purposes other than those listed below.
We will disclose your personal data to third parties if:
- you have expressly consented to this pursuant to Article 6 Paragraph 1 Sentence 1(a) GDPR,
- disclosure under Article 6 Paragraph 1 Sentence 1(f) GDPR is permitted to safeguard our legitimate interests and there is no reason to assume that you have an overriding legitimate interest in not disclosing your data,
- in the event that there is a legal obligation to disclose your data pursuant to Article 6 Paragraph 1 Sentence 1(c) GDPR and
- if this is legally permissible and necessary for the performance of our contract with you pursuant to Article 6 Paragraph 1 Sentence 1(b).
To protect your data and if necessary enable us to transfer data to third countries (outside the EU), we have concluded data processing agreements ("Data Processing Agreement") based on the standard contractual clauses of the European Commission.
7.1 SSL/TLS encryption
This site uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login details or contact requests that you send to us as the website operator. You can recognise an encrypted connection by your browser?s address bar reading "https://" instead of "http://" and the lock symbol in the browser bar.
We use this technology to protect your transmitted data.
7.2 Data collection when visiting the website
If you only use our website for informational purposes, i.e. if you do not register or otherwise provide us with information, we only collect the data your browser sends our server (in what is known as "server log files"). Our website collects a range of general data and information each time you access a website or an automated system. This general data and information is stored in the server?s log files. It may be collected
- the types and versions used,
- the operating system used by the accessing system,
- the website from which an accessing system accesses our website (called a referrer),
- the sub-pages accessed via an accessing system on our website,
- the date and time the website is accessed,
- a truncated internet protocol address (anonymised IP address) and
- the accessing system's internet service provider.
No conclusions are drawn about you when using this general data and information. Instead, this information is needed
- to properly deliver our website content,
- to optimise the content of our website as well as to advertise it,
- to ensure the continued functioning of our IT systems and our website?s technology
- as well as to provide the information necessary for law enforcement authorities to prosecute in the event of a cyber attack.
This collected data and information is therefore statistically analysed and further analysed by us with the aim of increasing data protection and data security within our company to ultimately ensure an optimum level of protection for the personal data being processed by us. The anonymous data from the server log files is stored separately from all personal data provided by a data subject.
The legal basis for data processing is Article 6 Paragraph 1 Sentence 1(f) GDPR. Our legitimate interest is based on the purposes listed above for the collection of data.
8.1 General information about cookies
Information generated from the specific device used is stored in cookies. This does not mean, however, that we will gain immediate knowledge of your identity.
We also use temporary cookies to optimise user-friendliness. These cookies are stored on your device for a specific period of time. If you return to our website to use our services, cookies allow us to automatically recognise that you have visited our website previously and remember the inputs and settings you have made so that you do not have to enter them again.
8.2 Cookie Consent Tool / User Centrics
This website uses the cookie consent technology from Usercentrics to obtain your consent to the storage of certain cookies on your device or to the use of certain technologies and to document them in compliance with data protection regulations. The provider of this technology is Usercentrics GmbH, Rosental 4, 80331 Munich, website: https://usercentrics.com/de/ (hereinafter "Usercentrics").
When you enter our website, the following personal data is transferred to Usercentrics:
- Your consent (s) or the revocation of your consent (s)
- your IP address
- Information about your browser
- Information about your device
- Time of your visit to the website
In addition, Usercentrics stores a cookie in your browser in order to be able to assign you the granted consent or its revocation. Usercentrics is used to obtain the legally required consent for the use of certain technologies. The legal basis for this is Article 6, Paragraph 1, Sentence 1, Letter c GDPR.
The data is deleted as soon as it is no longer required for our logging. The shelf life of the cookie is 60 days. The consent data must be kept for 6 years in accordance with Section 257 of the German Commercial Code. Any revocation of a previously given consent will be kept for three years. The storage is based on the one hand on our accountability according to Art. 5 Para. 2 GDPR. This obliges to comply with the processing of personal data in accordance with the General Data Protection Regulation. In contrast, the retention period in the regular limitation period according to § 195 BGB is three years.
You can find more information about Usercentrics' data protection practices at: https://usercentrics.com/de/datenschutzerklarung/
9. Contents of our website
9.1 Data processing when opening a customer account and for contract execution
Pursuant to Article 6 Paragraph 1(b) GDPR, personal data is collected and processed if you provide it to us for the execution of a contract or when opening a customer account. The data collected is shown in each input form. You may erase your customer account at any time by sending a message to the data controller?s address as stated above. We store and use the data you provide to execute contracts. After complete execution of the contract or erasure of your customer account, your data will be blocked, taking into account tax and commercial retention periods, and erased once these periods have expired unless you have expressly consented to the further use of your data or we are legally permitted to further use your data, about which we will inform you below.
9.2 Contact/contact form
Personal data is collected when you contact us (e.g. using our contact form or by email). If you use a contact form to get in touch with us, the contact form you use will indicate the data being collected. This data is stored and used exclusively for the purpose of responding to your query or establishing contact and the associated technical administration. The legal basis for data processing is our legitimate interest in responding to your request pursuant to Article 6 Paragraph 1(f)f GDPR. If the aim of you contacting us is to conclude a contract, processing is also legally based on Article 6 Paragraph 1(b) GDPR. Your data will be erased once we have finished processing your query. This is the case when it can be inferred from the circumstances that the relevant facts have been clarified in a conclusive manner and there are no statutory retention obligations in place that prevent its erasure.
9.3 Services/digital goods
We only send personal data to third parties where necessary as part of contract execution, for example to the bank entrusted with processing payment.
No data is otherwise sent unless you have expressly agreed to this. Your data will not be disclosed to third parties without your express consent, for example for advertising purposes.
The basis for data processing is Article 6 Paragraph 1(b) GDPR, which permits the processing of data for the fulfilment of a contract or pre-contractual measures.
9.4 Application management/job exchange
We collect and process the personal data of applicants for the purpose of carrying out the application process. Processing may also be carried out electronically. This is particularly the case if an applicant submits corresponding application documents to us electronically, for example by email or via a web form on the website. If we conclude an employment contract with an applicant, the data transmitted will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If we do not conclude an employment contract with the applicant, the application documents will be automatically erased two (2) months after notification of the rejection decision, provided that no other legitimate interests of ours prevent their erasure. Other legitimate interests in this context include, for example, the duty to provide evidence in proceedings under the German Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz [AGG]).
Legal basis for the processing of the data is Article 88 GDPR, § 26 I BDSG
10. Our activities in social networks
To allow us to communicate with you on social networks and inform you about our services, we run our own pages on these social networks. If you visit one of our social media pages, we and the provider of the social media network are joint controllers (Art. 26 GDPR) regarding to the processing operations triggered thereby, which concern personal data.
We are not the original provider of these pages, but only use them within the scope of the options offered to us by the respective providers
We would therefore like to point out as a precautionary measure that your data may also be processed outside of the European Union or the European Economic Area. Use of these networks may therefore involve data protection risks for you since the protection of your rights may be difficult, e.g. your rights to information, erasure, objection, etc. Processing on social networks frequently takes place directly for advertising purposes or for the analysis of user behaviour by network providers, and we have no control over this. If the provider creates user profiles, cookies are often used or user behaviour may be assigned directly to your own member profile on the respective social network (if you are logged in).
The processing operations of personal data described are carried out in accordance with Article 6 Paragraph 1(f) GDPR on the basis of our legitimate interests and the legitimate interests of the respective provider in order to communicate with you in a timely manner or to inform you about our services. If you have to grant your consent to the respective providers to process your data as a user, the legal basis for this processing is Article 6 Paragraph 1(a) GDPR in conjunction with Article 7 GDPR.
Since we have no access to these providers? databases, we would like to point out that you would be best placed to exercise your rights (e.g. to information, rectification, erasure, etc.) directly with the respective provider. More information on the processing of your data on social networks and your options for exercising your right to object or your right of revocation (opt out) is listed below for each of the social network providers we use:
(Jointly) Data controller responsible for data processing in Europe:
Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland
Privacy Notice (Data Policy):
Opt-out and advertising settings:
(Jointly) Data controller responsible for data processing in Europe:
Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07, Ireland
Information about your data:
Opt-out and advertising settings:
11. Plugins and other services
11.1 Google Maps
We use Google Maps (API) on our website, provided through Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Google Maps is a web service for displaying interactive maps to visually display geographic information. For example, by using this service, you can view our location and make it easier for you to reach us.
When you access sub-pages in which a Google Maps map is integrated, information about your use of our website (such as your IP address) is transferred to Google's servers in the US and stored there. This occurs regardless of whether Google provides a user account that you are logged in to or whether you have no user account with them at all. When you are logged in to Google, your information will be directly associated with your account. If you do not want your profile associated with Google, you will need to log out of your Google account. Google stores your data (even for users who are not logged in) as usage profiles and analysis it. You have the right to object to the creation of these user profiles, and you must contact Google to exercise this right.
These processing operations only take place if express consent is granted in accordance with Article 6 Paragraph 1(a) GDPR.
As part of our online marketing, we use HubSpot as an integrated software solution. HubSpot is a software company from the USA with European branches in Ireland and Germany, among others.
Our marketing measures include:
- Content management (website and blog)
- E-mail marketing (newsletters and automated mailings, e.g. for the provision of downloads)
- Social media publishing & reporting
- Reporting (e.g. traffic sources, accesses, etc. ...)
- Contact management (e.g. user segmentation & CRM)
- Landing pages and contact forms
We use the service of HubSpot Germany GmbH (Am Postbahnhof 17, 10243 Berlin) and its subcontractors Hubspot Inc. (25 First Street, 2nd Floor, Cambridge, MA 02141, USA) and Hubspot Ireland ltd. (One Dockland Central, Dublin 1, Ireland). For these purposes, we have concluded an order processing contract with HubSpot, including the EU standard contractual clauses, as personal data is transferred to the USA. You can find out more about the HubSpot data protection declaration here: https://legal.hubspot.com/de/dpa and https://legal.hubspot.com/de/dpa.
The legal basis for this processing is our legitimate interest in accordance with Art. 6 para. 1 lit.f) GDPR. Our legitimate interest lies in the optimization of our online offer and corresponding analyzes.
The following data can be collected and processed for this purpose:
- Geographical position
- Browser type
- Navigation information
- Referral URL
- Performance data
- Information on how often the application is used
- Mobile apps data
- Credentials for the HubSpot subscription service
- Files that are displayed locally
- Domain names
- Pages viewed
- Aggregate usage
- Version of the operating system
- Internet service provider
- IP address
- Device ID
- Duration of the visit
- Where the application was downloaded from
- Operating system
- Events that occur within the application
- Access times
- Clickstream data
- Device model and version
If you would like to deactivate tracking by HubSpot, you can do this by activating the following link - this will set an opt-out cookie in your browser, which prevents the future collection of your data when you visit this website: Opt-Out
We use Amplitude, an analysis service from Amplitude Inc., 501 2nd Street, Suite 100 San Francisco, CA 94107, USA, in order to better understand and optimize behavior when using our services. It is used on the basis of our legitimate interest in accordance with Art. 6 Para. 1 S. 1 lit.f) GDPR. Amplitude Inc. stores data in the form of generic IDs including time stamps and numerous other five pieces of information, such as user ID, platform, device type, app version, geographic information, possibly the cell phone provider, device language or information about the browser. This data does not represent personally identifiable information for Amplitude Inc.. IP addresses are not stored. In addition, Amplitude Inc. is not aware of any other information that could enable Amplitude to identify you.
For the processing of the data by Amplitude and the transmission of the data to a server in the USA, we have concluded an order processing contract with Amplitude, including the EU standard contractual clauses.
You have the option of deactivating the analysis services mentioned:
12. Virtual format & tools used
12.1 Zoom calls
As an additional contact option, we offer to carry out zoom calls with us. This is video conferencing software with additional options, such as screen sharing from Zoom Video Communications, Inc., 55 Almaden Boulevard, 6th Floor, San Jose, CA 95113 (USA).
We use the so-called "EU" cluster from Zoom. The processing of personal data of meeting participants takes place exclusively in data centers in the European Union.
A transfer of personal data to the USA or any other third country does not take place. We have concluded an order processing contract with "Zoom" including the EU standard contractual clauses. If files and images are uploaded or shared during an activity, they will be deleted 31 days after the end of the meeting.
In principle, the zoom call is not recorded.
For us, the legal basis for using “Zoom” is Article 6 (1) (b) GDPR, insofar as the communication via Zoom is related to the initiation or fulfillment of a contract.
If the zoom call is not directly related to a contract, the legal basis is Article 6 (1) (f) GDPR, whereby our legitimate interest lies in processing your request. The provision of your data is mandatory, as your request cannot be processed otherwise.
Further information on data protection at Zoom can be found at https://explore.zoom.us/docs/de-de/privacy-and-security.html.
13. Your rights as a data subject
13.1 Right to confirmation
You have the right to request confirmation from us as to whether personal data relating to you will be processed.
13.2 Right to information (Article 15 GDPR)
You have the right to obtain information about the personal data stored about you at any time, free of charge, as well as the right to access a copy of such data from us, in accordance with the statutory provisions.
13.3 Right to rectification (Article 16 GDPR)
You have the right to request the immediate rectification of incorrect personal data relating to yourself. Furthermore, the data subject has the right to request the completion of incomplete personal data, taking into account the purposes of the processing.
13.4 Erasure (Article 17 GDPR)
You have the right to demand that we erase the personal data relating to you be deleted without delay, provided that one of the reasons provided by law applies and if processing or further storage is not required.
13.5 Restriction to processing (Article 18 GDPR)
You have the right to request that we restrict the processing of your data if one of the legal requirements is met.
13.6 Data transferability (Article 20 GDPR)
You have the right obtain personal data relating to you that you provided us in a structured, commonly used and machine-readable format. You also have the right to transfer this data to another controller without hindrance by us, to whom the personal data was provided, provided that the processing is based on the consent pursuant to Article 6 Paragraph 1(a) GDPR or Article 9 Paragraph 2(a) GDPR or on a contract pursuant to Article 6 Paragraph 1(b) GDPR, and the data are processed using automated procedures, unless processing is necessary to complete a task, is in the public interest or is carried out in the exercise of an official authority assigned to us.
Furthermore, when exercising your right to data transferability pursuant to Article 20 Paragraph 1 GDPR, you have the right to have personal data transferred directly from one controller to another, provided this is technically feasible and does not impede the rights and freedoms of other persons.
13.7 Objection (Article 21 GDPR)
You have the right to lodge an objection to the processing of personal data relating to you for reasons relating to your particular situation where this is done on the basis of Article 6 Paragraph 1(e) (data processing in the public interest) or (f) (data processing on the basis of the weighing of legitimate interests) GDPR.
This also applies to profiling based on these provisions pursuant to Article 4 Number 4 GDPR.
Should you lodge an objection, we will no longer process your personal data unless we can demonstrate compelling and legitimate reasons for such processing that outweigh your interests, rights and freedoms, or where processing serves the assertion, exercise or defence of legal claims.
In individual cases, we process your personal data for direct marketing purposes. You have the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling where this is connected to this kind of direct marketing. Should you object to the processing of your data for direct marketing purposes, we will no longer process your personal data for this purpose.
In addition, you have the right to object to our processing of your personal data for scientific or historical research purposes or for statistical purposes pursuant to Article 89 Paragraph 1 GDPR for reasons arising from your particular situation, unless such processing is necessary for the performance of a task in the public interest.
You are free to exercise your right to lodge an objection in relation to the use of information society services, Directive 2002/58/EC notwithstanding, by means of automated procedures using technical specifications.
13.8 Revocation of consent regarding data protection
You have the right to revoke any consent to the processing of personal data at any time with future effect.
13.9 Lodging a complaint with a supervisory authority
You have the right to complain to a supervisory authority responsible for data protection about our processing of personal data.
14. Routine storage, erasure and blocking of personal data
We process and store your personal data only for the period of time necessary to meet the storage purpose or as required by the legal provisions to which our company is subject.
If the storage purpose no longer applies or if a required retention period expires, personal data will be routinely blocked or erased in accordance with the statutory provisions.
15. Duration of storage of personal data
The criterion for the duration of the retention of personal data is the respective legal retention period. Once this period expires, the data in question will be routinely erased, provided it is no longer required for the fulfilment or initiation of the contract.
16. Version and amendments to the Privacy Notice
This Privacy Notice is currently valid and was last updated on January 2021.
It may be necessary for us to amend this Privacy Notice in the process of further developing our website and the services we offer through our website or due to changes in legal or regulatory requirements. You can view and print our current Privacy Notice on the website at any time by visiting "https://bitmade.de".
This privacy statement has been prepared with the assistance of the privacy software: audatis MANAGER.