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 Birnbacher & Schnitterbaum GbR. The use of the Internet pages of the Birnbacher
& Schnitterbaum GbR 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 Birnbacher & Schnitterbaum GbR. 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 Birnbacher & Schnitterbaum GbR 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.
- Definitions
The data protection declaration of the Birnbacher & Schnitterbaum GbR 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:
- 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.
- Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the
controller responsible for the processing.
- 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.
- Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their
processing in the future.
- 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.
- 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.
- 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.
- Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal
data on behalf of the controller.
- 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.
- 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.
- 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:
Birnbacher & Schnitterbaum GbR
Ritterstraße 2
10969 Berlin
Germany
Phone: +49 (0) 30560 003 48
Email: contact@bus.group
Website: www.bus.group
- Cookies
The Internet pages of the Birnbacher & Schnitterbaum GbR 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 Birnbacher & Schnitterbaum GbR 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.
- Collection of general data and information
The website of the Birnbacher & Schnitterbaum GbR 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 Birnbacher & Schnitterbaum GbR 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 Birnbacher &
Schnitterbaum GbR 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.
- 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.
- Rights of the data subject
- 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.
- 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.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to
a third country or to an international organisation. Where this is the case, the data subject shall have the right to
be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee
of the controller.
- 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.
- 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. If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of
personal data stored by the Birnbacher & Schnitterbaum GbR, he or she may, at any time, contact any
employee of the controller. An employee of Birnbacher & Schnitterbaum GbR shall promptly ensure that
the erasure request is complied with immediately. Where the controller has made personal data public and
is obliged pursuant to Article 17(1) 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 other controllers processing the personal data that the data subject has requested
erasure by such controllers of any links to, or copy or replication of, those personal data, as far as
processing is not required. An employees of the Birnbacher & Schnitterbaum GbR will arrange the
necessary measures in individual cases.
- 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 Birnbacher & Schnitterbaum GbR, he or she
may at any time contact any employee of the controller. The employee of the Birnbacher & Schnitterbaum
GbR will arrange the restriction of the processing.
- 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 Birnbacher & Schnitterbaum GbR.
- 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 Birnbacher & Schnitterbaum GbR 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 Birnbacher & Schnitterbaum GbR processes personal data for direct
marketing purposes, the data subject shall have the right to object at any time to processing of personal
data 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 Birnbacher & Schnitterbaum GbR to the
processing for direct marketing purposes, the Birnbacher & Schnitterbaum GbR 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
Birnbacher & Schnitterbaum GbR 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 Birnbacher & Schnitterbaum GbR. 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.
- 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 Birnbacher & Schnitterbaum GbR 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 Birnbacher & Schnitterbaum
GbR.
- 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 Birnbacher &
Schnitterbaum GbR.
- Data protection provisions about the application and use of Google Analytics (with anonymization func
On this website, the controller has integrated the component of Google Analytics (with the anonymizer
function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and
analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data
about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how
often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a
website and in order to carry out a cost-benefit analysis of Internet advertising. The operator of the Google
Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland. For the
web analytics through Google Analytics the controller uses the application "_gat. _anonymizeIp". By means of
this application the IP address of the Internet connection of the data subject is abridged by Google and
anonymised when accessing our websites from a Member State of the European Union or another Contracting State
to the Agreement on the European Economic Area. The purpose of the Google Analytics component is to analyze
the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of
our website and to provide online reports, which show the activities on our websites, and to provide other
services concerning the use of our Internet site for us. Google Analytics places a cookie on the information
technology system of the data subject. The definition of cookies is explained above. With the setting of the
cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages
of this Internet site, which is operated by the controller and into which a Google Analytics component was
integrated, the Internet browser on the information technology system of the data subject will automatically
submit data through the Google Analytics component for the purpose of online advertising and the settlement of
commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of
personal information, such as the IP address of the data subject, which serves Google, inter alia, to
understand the origin of visitors and clicks, and subsequently create commission settlements. The cookie is
used to store personal information, such as the access time, the location from which the access was made, and
the frequency of visits of our website by the data subject. With each visit to our Internet site, such
personal data, including the IP address of the Internet access used by the data subject, will be transmitted
to Google in the United States of America. These personal data are stored by Google in the United States of
America. Google may pass these personal data collected through the technical procedure to 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 an
adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the
information technology system of the data subject. In addition, cookies already in use by Google Analytics may
be deleted at any time via a web browser or other software programs. In addition, the data subject has the
possibility of objecting to a collection of data that are generated by Google Analytics, which is related to
the use of this website, as well as the processing of this data by Google and the chance to preclude any such.
For this purpose, the data subject must download a browser add-on under the link https://tools.google.com/dlpage/gaoptout and install it.
This browser add-on tells Google Analytics through a JavaScript, that any data and information about the
visits of Internet pages may not be transmitted to Google Analytics. The installation of the browser add-ons
is considered an objection by Google. If the information technology system of the data subject is later
deleted, formatted, or newly installed, then the data subject must reinstall the browser add-ons to disable
Google Analytics. If the browser add-on was uninstalled by the data subject or any other person who is
attributable to their sphere of competence, or is disabled, it is possible to execute the reinstallation or
reactivation of the browser add-ons. Further information and the applicable data protection provisions of
Google may be retrieved under https://www.google.com/intl/en/policies/privacy/
and under http://www.google.com/analytics/terms/us.html.
Google Analytics is further explained under the following Link https://www.google.com/analytics/.
- Data protection provisions about the application and use of Instagram
On this website, the controller has integrated components of the service Instagram. Instagram is a service
that may be qualified as an audiovisual platform, which allows users to share photos and videos, as well as
disseminate such data in other social networks. The operating company of the services offered by Instagram 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 an Instagram
component (Insta button) was integrated, the Internet browser on the information technology system of the data
subject is automatically prompted to the download of a display of the corresponding Instagram component of
Instagram. During the course of this technical procedure, Instagram becomes aware of what specific sub-page of
our website was visited by the data subject. If the data subject is logged in at the same time on Instagram,
Instagram detects with every call-up to our website by the data subject—and for the entire duration of their
stay on our Internet site—which specific sub-page of our Internet page was visited by the data subject. This
information is collected through the Instagram component and is associated with the respective Instagram
account of the data subject. If the data subject clicks on one of the Instagram buttons integrated on our
website, then Instagram matches this information with the personal Instagram user account of the data subject
and stores the personal data. Instagram receives information via the Instagram component that the data subject
has visited our website provided that the data subject is logged in at Instagram at the time of the call to
our website. This occurs regardless of whether the person clicks on the Instagram button or not. If such a
transmission of information to Instagram is not desirable for the data subject, then he or she can prevent
this by logging off from their Instagram account before a call-up to our website is made. Further information
and the applicable data protection provisions of Instagram may be retrieved under https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.
- 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).
- 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.
- Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention
period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no
longer necessary for the fulfillment of the contract or the initiation of a contract.
- Provision of personal data as statutory or contractual requirement; Requirement necessary to enter i
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.
- Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
This Privacy Policy has been generated by the Privacy Policy Generator of the German Association for Data Protection
that was developed in cooperation with Privacy Lawyers from WILDE BEUGER SOLMECKE, Cologne.
