Privacy policy

1. foreword

We take the protection of your personal data very seriously and treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy. With the following data protection declaration, we inform you about the type, purpose and use of personal data. The Federal Data Protection Act (BDSG), the State Data Protection Act of Schleswig-Holstein (LDSG) and the General Data Protection Regulation of the European Union (GDPR) form the main basis of this data protection declaration.

We collect a wide variety of personal data. According to European law and the German Federal Data Protection Act (BDSG), personal data is all information that relates to a natural person or can at least be related to them and thus allows conclusions to be drawn about their personality. This privacy policy and the following information explain what data we collect and what we use it for. It also explains how and for what purpose this is done.

However, we would like to point out that data transmission over the Internet can generally be subject to security vulnerabilities. Despite all efforts, it is unfortunately not possible to completely protect data from access by third parties.

2. body responsible for data processing

The entity responsible for data processing is the

Borba GmbH
Störfischerstrasse 5
25524 Itzehoe
Phone: +49 (0)4821 13530
E-mail: info@borba.de

3. data protection officer

We have appointed a data protection officer for our company. If you have any questions, please contact the managing director of Borba GmbH:

Mr Fehim von Borstel
based in the
Störfischerstrasse 5
25524 Itzehoe
Tel.: 04821 13530 -
Mail: datenschutz@borba.de

4. sources, purpose and legal basis of the processing

We receive data from our customers as part of the establishment, implementation and termination of our business relationships so that we can fulfil our contractual obligations (Article 6 (1) (a) and (b) GDPR). This data is stored and processed by us.

According to the GDPR, there is an obligation to list the full scope of all data. The following data is collected by us in order to establish, conduct and terminate our business relationships:

Surname, first name/company
Postal address
Function within the company

If this data is not collected and stored by us, it is unfortunately not possible to establish and maintain any business relationship (Article 6(1)(b) GDPR). In addition, we collect the following data in order to be able to contact our customers quickly:

Landline and/or mobile phone number
E-mail address

If you have given us your consent to process personal data (Art. 6 para. 1 a GDPR) for specific purposes, this processing is lawful on the basis of your consent. We will retain the data you provide until you request its deletion, revoke your consent for its storage or the purpose for its storage no longer pertains (e.g. after your enquiry has been processed). Mandatory statutory provisions - in particular retention periods - remain unaffected.

a. Contact via contact form

We collect personal data that our customers transmit to us by filling out and sending the contact form. The information transmitted is stored by us for the purpose of processing the enquiry and in the event of follow-up questions. We rely on the collection of this basic data in order to maintain contact with our customers and maintain business relationships.

We collect the following data via the contact form:

Surname, first name
E-mail address
Landline and/or mobile phone number

If this data is not collected and stored by us, it is unfortunately not possible to establish and maintain any business relationship (Article 6(1)(b) GDPR). We collect e-mail address and landline and/or mobile phone number in order to be able to contact our customers quickly.

b. Contact via email

If you send us enquiries by e-mail, the information you provide, including the contact details you provide there, will be stored by us for the purpose of processing the enquiry and in the event of follow-up questions. We rely on the collection of this basic data in order to maintain contact with our customers and maintain business relationships. The legal basis for processing the data is our legitimate interest in responding to your enquiry in accordance with Art. 6 para. 1 lit. f GDPR and, if applicable, in accordance with Art. 6 para. 1 lit. b GDPR if your enquiry is aimed at concluding a contract. Your data will be deleted after final processing of your enquiry, provided that there are no statutory retention obligations to the contrary.

c. Access data

When you visit our website, the browser used on your device automatically sends information to the server of our website. The website provider automatically collects and stores data about access to the site in so-called server log files, which your browser automatically transmits to us. The following data is logged:

Browser type and browser version
Operating system used
Referrer URL
Host name of the accessing computer
Date and time of the server request
IP address

The data collected is only used for statistical evaluations in anonymised form and serves the technically error-free presentation and optimisation of the website. Under no circumstances will the data collected be used for the purpose of drawing conclusions about your person. This data is not merged with other data sources. This data is collected on the basis of Art. 6 para. 1 f GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimisation of its website; the server log files must be recorded for this purpose.

d. Cookies

Our website uses so-called cookies. Cookies do not damage your computer and do not contain viruses. Cookies are used to make our website more user-friendly, effective and secure. Cookies are small text files that are stored on your computer and saved by your browser.

Most of the cookies we use are so-called “session cookies”. They are automatically deleted at the end of your visit. Other cookies remain stored on your end device until you delete them. These cookies enable us to recognise your browser on your next visit. In some cases, cookies are used to simplify website processes by saving settings. If personal data is also processed by individual cookies implemented by us, the processing is carried out in accordance with Art. 6 para. 1 lit. b GDPR either for the execution of the contract or in accordance with Art. 6 para. 1 lit. f GDPR to safeguard our legitimate interests in the storage of cookies for the technically error-free and optimised provision of its services.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. Please note that if you deactivate cookies, the functionality of this website may be restricted.

e. Use of Google Analytics

Our website uses Google Analytics, a web analytics service provided by Google Inc („Google“). Google Analytics uses so-called cookies. These are text files that are stored on your computer and enable your use of the website to be analysed. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. We only use Google Analytics with activated IP anonymisation. This means that the IP address of the user is truncated by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area, whereby a personal reference can be excluded. Google Inc., based in the USA, is certified for the US-European data protection agreement „Privacy Shield“, which guarantees compliance with the level of data protection applicable in the EU. The processing is carried out in accordance with Art. 6 para. 1 lit. f GDPR or § 15 para. 3 TMG on the basis of our legitimate interest in the statistical analysis of user behaviour for optimisation and marketing purposes.

On behalf of the operator of this website, Google will use this information to analyse your use of the website, to compile reports on website activity and to provide the website operator with other services relating to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. The terms of use of Google Analytics and information on data protection can be accessed via the following links: http://www.google.com/analytics/terms/de.html and at https://www.google.de/intl/de/policies/.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available at URL http://tools.google.com/dlpage/gaoptout?hl=de.

Clicking on the following link prevents Google Analytics from collecting data by setting an opt-out cookie: Deactivation of Google Analytics

Information on how Google Analytics handles user data can be found in Google's privacy policy: https://support.google.com/analytics/answer/6004245?hl=de

f. Integration of Google Maps

We use the Google Maps service on this website. This allows us to show you interactive maps directly on the website and enables you to use the map function conveniently.

By visiting the website, Google receives the information that you have accessed the corresponding subpage of our website. In addition, the data referred to in point 4(c) of this statement will be transmitted. This occurs regardless of whether Google provides a user account through which you are logged in or whether no user account exists. If you are logged in to Google, your data will be assigned directly to your account. If you do not wish your data to be associated with your Google profile, you must log out before activating the button. Google stores your data as usage profiles and uses them for the purposes of advertising, market research and/or customising its website. Such an analysis is carried out in particular (even for users who are not logged in) to provide customised advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right.

Further information on the purpose and scope of data collection and its processing by the plug-in provider can be found in the provider's privacy policy. There you will also find further information on your rights in this regard and setting options to protect your privacy: http://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

g.

In addition, we process personal data that we legitimately obtain from publicly accessible sources (e.g. press, Internet, commercial and association registers) or receive from third parties, insofar as this is necessary for the provision of our services.

Relevant personal data are personal details (name/company, address and other contact details) and legitimisation data (e.g. identity documents). In addition, this may also include order data, data from the fulfilment of our contractual obligations, information about your financial situation, advertising and sales data, documentation data and other data comparable with the aforementioned categories.

h.

Where necessary, we process your data beyond the actual fulfilment of the contract to protect our legitimate interests or those of third parties in the context of the balancing of interests (Article 6 (1) (f) GDPR):

Consultation of and data exchange with credit agencies (e.g. SCHUFA) to determine creditworthiness and default risks,
Assertion of legal claims and defence in legal disputes,
Measures for building and system security (e.g. access controls)
Measures for business management and further development of services and products

5. duration of storage

The data we collect is generally stored until the statutory retention period expires. The data is regularly deleted after the statutory retention periods have expired. Exceptions to the deletion exist if you have consented to further storage (Art. 6 para. 1 sentence 1 lit. a GDPR), the processing is necessary for the fulfilment of a contract with you or for the implementation of pre-contractual measures (Art. 6 para. 1 sentence 1 lit. b GDPR), the processing of the data is necessary to fulfil a legal obligation (Art. 6 para. 1 sentence 1 lit. c GDPR). Retention obligations may arise, for example, from commercial law or tax laws (e.g. German Commercial Code (HGB) or the German Fiscal Code (AO)). In particular, there is a statutory retention obligation for accounting documents in accordance with Section 147 of the German Fiscal Code. According to § 147 para. 3 of the Fiscal Code, this is 10 years.

6 What rights do you have regarding your data?

a.

You have the right to obtain information about the origin, recipient and purpose of your personal data stored and processed by us at any time (Article 15 GDPR). In particular, you can request information about the processing purposes, the categories of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint, the origin of your data if it was not collected by us, and the existence of automated decision-making including profiling and, if applicable, meaningful information about its details.

b.

You also have the right to rectification of incorrect or incomplete data stored by us (Article 16 GDPR) and the right to data portability (Article 20 GDPR).

c.

You have the right to request the deletion of your personal data stored by us in accordance with § 17 GDPR, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims.

d.

You have the right to object to the collection of data in special cases and to direct advertising (Art. 21 GDPR). If the data processing is carried out on the basis of Art. 6 para. 1 lit. e or lit. f GDPR, you have the right to object to the processing of your personal data at any time for reasons arising from your particular situation; this also applies to profiling based on these provisions. The respective legal basis on which processing is based can be found in this privacy policy. If you object, we will no longer process your personal data concerned unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing serves the establishment, exercise or defence of legal claims. If your personal data are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.

If you object, your personal data will no longer be used for the purpose of direct marketing (objection pursuant to Art. 21 (2) GDPR). You can withdraw your consent to the processing of personal data at any time. All you need to do is send us an informal email. This also applies to the revocation of declarations of consent given to us before the GDPR came into force, i.e. before 25 May 2018. Please note that the revocation is only effective for the future. Processing that took place before the revocation is not affected.

e.

In the event of violations of the GDPR, data subjects have the right to lodge a complaint with a competent supervisory authority in accordance with Art. 77 GDPR in conjunction with. § 19 BDSG, data subjects have the right to lodge a complaint with a competent supervisory authority, in particular in the Member State of their habitual residence, place of work or place of the alleged infringement. The right to lodge a complaint is without prejudice to any other administrative or judicial remedies.

f.

You have the right to demand the restriction of the processing of your personal data in accordance with Art. 18 GDPR if the accuracy of the data is disputed by you, the processing is unlawful but you refuse to delete it and we no longer need the data, but you need it for the assertion, exercise or defence of legal claims or you have lodged an objection to the processing in accordance with Art. 21 GDPR.

The right to restriction of processing exists in the following cases:

(a) If you dispute the accuracy of your personal data stored by us, we generally need time to check this. For the duration of the review, you have the right to request that the processing of your personal data be restricted.

(b) If the processing of your personal data was/is unlawful, you can request the restriction of data processing instead of erasure.

(c) If we no longer need your personal data, but you need it for the exercise, defence or assertion of legal claims, you have the right to request the restriction of the processing of your personal data instead of its erasure.

(d) If you have lodged an objection in accordance with Art. 21 (1) GDPR, a balance must be struck between your interests and ours. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data. If you have restricted the processing of your personal data, this data - apart from its storage - may 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 European Union or of a Member State.

g.

The right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transferred to another controller in accordance with Art. 20 GDPR. If you have any further questions on the subject of data protection, you can contact the Managing Director of Borba GmbH and our Data Protection Officer at any time.

7. disclosure of data

Your personal data will not be transferred to third parties for purposes other than those listed below. We only pass on your personal data to third parties if:

you have given your express consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR,
there is a legal obligation for the disclosure pursuant to Art. 6 para. 1 sentence 1 lit. c GDPR,
the disclosure pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR is necessary for the establishment, exercise or defence of legal claims and there is no reason to assume that you have an overriding legitimate interest in the non-disclosure of your data and/or
this is legally permissible and necessary for the processing of contractual relationships with you in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR.

8. data security

This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send to us as the site operator. You can recognise an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line. If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

9. topicality and changes to our privacy policy

This privacy policy is currently valid and is dated „February 2019“. We reserve the right to amend or update this privacy policy if necessary in compliance with the applicable data protection regulations. In this way, we can adapt it to the current legal requirements and take changes to our services into account. The latest version applies to your visit to our website.