DATA PRIVACY POLICY
Contents
I. Controller and Data Protection Officer
II. General Information on Data Processing
III. Provision of the Website and Creation of Log Files
IV. Use of Cookies
V. Use of Google Analytics
VI. Use of Google Web Fonts
VII. Application procedure
VIII. Photo / Video Recordings at Events
IX. Rights of the Data Subject (User)
X. Cookie Declaration and Consent
I. Controller and Data Protection Officer
Controller within the meaning of the General Data Protection Regulation (GDPR), the German Data Protection Act (Bundesdatenschutzgesetz/BDSG) and other data protection regulations is:
banbutsu dcp GmbH
Wallstraße 14a
10179 Berlin
Phone: +49 30 88 66 33 100
Telefax: +49 30 88 66 33 150
Email: info@banbutsu.com
Web: https://banbutsu.com
The Data Protection Officer of the Controller can be reached as follows: dataprivacy@banbutsu.com
II. General Information on Data Processing
We only process personal data of our users if this is necessary to provide a functional website, our contents and services or the user has given consent to the processing.
An exception applies in those cases where prior consent cannot be obtained for actual reasons and the processing of the data is permitted by law.
- Insofar as we obtain the consent of the user for the processing of personal data Art. 6 (1) (a) GDPR serves as the legal basis.
- If the processing of personal data required for the performance of a contract to which the user is a party, Article 6 (1) (b) GDPR serves as the legal basis. This also applies to processing data in order to take steps at the request of the user prior to entering into a contract.
- Insofar as the processing of personal data is necessary for compliance with a legal obligation to which the Controller is subject, Art. 6 ( 1) (c) GDPR serves as the legal basis.
- In the event that processing is necessary in order to protect the vital interests of the user or of another natural person Article 6 (1) (d) GDPR serves as the legal basis.
- If the processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the user which require protection of personal data, in particular where the data subject is a child Article 6 (1)(f) GDPR serves as the legal basis for processing.
The personal data of the users will be deleted or blocked as soon as the purpose of storage ceases to apply.
Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject.
The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.
III. Provision of the Website and Creation of Log Files
- Description and scope of data processing
Every time you visit our website, our system automatically collects data and information from the computer system of the visiting computer.
The following data is collected:- Information about the browser type and version used
- The user’s operating system
- The Internet service provider of the user
- The IP address of the user
- Date and time of access
- Websites from which the user’s system reaches our website
- Websites accessed by the user’s system via our website
The data is also stored in the log files of our system. Not affected by this are the IP addresses of the user or other data that enable the assignment of the data to a user.
This data is not stored together with other personal data of the user.
- Legal basis for data processing
Legal basis for the temporary storage of personal data is Art. 6 (1) (f) GDPR. - Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer.
For this the IP address of the user must remain stored for the duration of the session.
Our legitimate interest in data processing pursuant to Art. 6 (1) (f) GDPR is based as well on these purposes. - Duration of storage
The data will be deleted as soon as the data is no longer necessary to achieve the purpose for which the data were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended. - Right to object and to erase
The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection for the user.
IV. Use of Cookies
a) Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. If a user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic character string that enables a unique identification of the browser when the website is called up again.
We use cookies to make our website functional. Some elements of our website require that the calling browser can be identified even after a page change.
We also use cookies on our website that enable an analysis of the user's surfing behaviour. In this way, the following data can be transmitted:
(1) Search terms entered
(2) Frequency of page views
(3) Use of website functions
When calling up our website, the user is informed about the use of cookies for analysis or marketing purposes and his or her consent to the processing of personal data used in this context is obtained. In this context, a reference to this data protection declaration is also made.
Please see for details the Cookie Declaration at the end of this Policy.
b) Legal basis for data processing
The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 para. 1 lit. a GDPR if the user has consented to this.
The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 lit. f GDPR.
c) Purpose of data processing
The purpose of using technically necessary cookies is to enable the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognised even after a page change. The user data collected through technically necessary cookies are not used to create user profiles.
The analysis cookies are used to improve the quality of our website and its content. Through the analysis cookies we learn how the website is used and can thus continuously optimize our offer. Our legitimate interest in data processing pursuant to Art. 6 (1) (f) GDPR is based as well on these purposes.
d) Duration of storage, Right to object and erase
Cookies are stored on the user’s computer and transmitted to our website. Therefore, the user has full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.
V. Use of Google Analytics
a) Description and scope of data processing
Our website uses Google Analytics, a web analysis service of Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). Google Analytics uses cookies. These are small text files that your web browser stores on your end device and enable an analysis of website usage. Information generated by cookies about your use of our website is usually transmitted to a Google server in the USA. We use Google Analytics in conjunction with IP anonymization. In this respect, your IP address will be reduced within member states of the European Union or in other states party to the Agreement on the European Economic Area prior to transmission to the USA. There may be exceptional cases in which Google transmits the full IP address to a server in the USA and shortens it there. On our behalf, Google will use this information to evaluate your use of the website, to create reports on website activity and to provide us with other services relating to website and Internet use. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data.
b) Legal basis for data processing
Legal basis for the processing of personal data using Google Analytics is Art. 6 (1) (f) GDPR.
c) Purpose of data processing
Die Verwendung von Google Analytics erfolgt zu dem Zweck, die Qualität unserer Website und ihre Inhalte zu verbessern. Durch Google Analytics erfahren wir, wie die Website genutzt wird und können so unser Angebot stetig optimieren. In diesen Zwecken liegt auch unser berechtigtes Interesse in der Verarbeitung der personenbezogenen Daten nach Art. 6 Abs. 1 lit. f DSGVO.
Google Analytics is used to improve the quality of our website and its content. Google Analytics tells us how the website is used and enables us to constantly optimise our offer. Our legitimate interest in data processing pursuant to Art. 6 (1) (f) GDPR is based as well on these purposes.
d) Duration of storage, Right to object and erase
The setting of cookies by your web browser can be prevented. Some functions of our website may be restricted by this. You can also prevent Google from collecting data about your website usage including your IP address and subsequent processing by downloading and installing the browser plug-in accessible via the following link: https://tools.google.com/dlpage/gaoptout?hl=en.
As an alternative to the browser plug-in or within browsers on mobile devices, you can click the following link to set an opt-out cookie to prevent future collection by Google Analytics within this website: Disable Google Analytics
Details on how Google Analytics uses personal data can be found in Google’s privacy policy: https://support.google.com/analytics/answer/6004245?hl=en.
VI. Use of Google Web Fonts
Our website may use Google Web Fonts for the consistent representation of fonts. These are not loaded from the Google server but are integrated on our own server. In this respect, the browser you are using does not connect to Google’s servers when loading the fonts.
VII. Application procedure
a) Description and scope of data processing
In the context of an application and the transmission of personal data by the applicant via the Website, the data will be processed solely in the context of the application procedure with regard to the possible establishment of an employment relationship. In addition, the applicant data for processing and evaluating the application will only be shared with persons on a need-to-know basis.
b) Legal basis for the data processing
The legal basis for the processing of personal data in the application process is § 26 paragraph 1 BDSG.
c) Purpose of data processing
The data will only be processed for the purposes of the application procedure.
d) Duration of storage, Right to object and erase
We will delete your personal data as soon as they are no longer required for the above-mentioned purposes of the application procedure. In this respect, however, personal data is stored for the time during which claims can be asserted against banbutsu GmbH. Insofar, the applicant data will be kept for a period of 6 months after the end of the application procedure or the rejection of the application, and subsequently deleted. Any further storage of your application data will only take place with your express consent.
If personal data must necessarily be processed in the context of the application procedure, the failure to provide the information will prevent the application from being processed.
As far as you have expressly consented to a storage beyond the period of 6 months, such a consent can be revoked at any time under dataprivacy@banbutsu.com. The revocation does not affect the legality of the data processed until the revocation.
VIII. Photo/Video Recordings at Events
a) Description and scope of data processing
At events, we produce photo and video recordings in order to document the event and use the recordings for public relations and self-promotion. This can be done in print media, on the website, in social media or other channels.
b) Legal basis for data processing
The legal basis for the use of photo and video recordings is Art. 6 para. 1 lit. f DSGVO.
c) Purpose of data processing
The purpose of data processing is to enable the company to communicate and present itself to the outside world. In the context of a balance of interests, it must be assumed that the company’s interests do not interfere unduly with the rights and freedoms of the persons depicted. This applies in particular against the background that the persons go into public space and that the events are deliberately attended with knowledge that photographs and video recordings will be taken. Our legitimate interest in the processing of personal data pursuant to Art. 6 para. 1 lit. f DSGVO is based as well on these purposes.
d) Duration of storage, objection and removal options
If the rights and freedoms of a person depicted should be infringed for reasons particularly worthy of consideration, we will refrain from further processing by means of suitable measures. A disguising in print media cannot take place, however a deletion on the web page or in Social Media channels can take place within the bounds of the technical possibilities. The storage takes place for the period of the company communication and/or documentation of the event.
IX. Rights of the Data Subject (User)
If your personal data are processed, you are affected within the meaning of the GDPR and you have the following rights against the Controller:
1. Right to access
You have the right to obtain from the controller confirmation as to whether or not personal data concerning you being processed, and, where that is the case, access to the personal data and the following information:
(1) the purposes of the processing;
(2) the categories of personal data concerned;
(3) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
(4) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
(5) 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;
(6) the right to lodge a complaint with a supervisory authority;
(7) where the personal data are not collected from the data subject, any available information as to their source;
(8) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject das Bestehen einer automatisierten Entscheidungsfindung einschließlich Profiling gemäß Art. 22 Abs. 1 und 4 DSGVO und – zumindest in diesen Fällen – aussagekräftige Informationen über die involvierte Logik sowie die Tragweite und die angestrebten Auswirkungen einer derartigen Verarbeitung für die betroffene Person.
You have the right to obtain from the controller the information as to whether or not personal data are transferred to a third country or to an international organization. Within this context you shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
2. Right to rectification
You have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
3. Right to restriction of processing
You have the right to obtain from the controller restriction of processing where one of the following applies:
(1) the accuracy of the personal data is contested by you, for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you opposes the erasure of the personal data and requests the restriction of the use instead;
(3) the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims;
(4) you have objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override your grounds.
Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
If you have obtained restriction of processing pursuant to paragraph 1 you will be informed by the controller before the restriction of processing is lifted.
4. Right to erasure (“right to be forgotten”)
a) Obligation to erase
You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
(1) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
(2) you withdraw consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing;
(3) you object to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) GDPR;
(4) the personal data have been unlawfully processed;
(5) your personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
(6) your personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
b) Obligation to inform
Where the controller has made the personal data public and is obliged pursuant to paragraph 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 controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
c) Exclusions
Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:
(1) for exercising the right of freedom of expression and information;
(2) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3) GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) GDPR in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(5) for the establishment, exercise or defence of legal claims.
5. Notification obligation regarding rectification or erasure of personal data or restriction of processing
If you enforced your right to rectification, erasure or restriction of processing, the controller shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16, Article 17(1) and Article 18 GDPR to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. You have the right to get informed by the controller about those recipients.
6. Right to data portability
You have the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
(1) the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) GDPR or on a contract pursuant to point (b) of Article 6(1) GDPR; and
(2) the processing is carried out by automated means
In exercising your right to data portability pursuant to paragraph 1, you shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.
That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
7. Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
8. Right to withdraw consent
You have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
9. Automated individual decision-making, including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the controller,
(2) is permissible on the basis of legal provisions of the Union or the Member States to which the controller is subject and these legal provisions contain appropriate measures to safeguard your rights and freedoms as well as your legitimate interests; or
(3) is made with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to Art. 9(1) of the GDPR, unless Art. 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.
With regard to the cases mentioned in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, which include at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.
10. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78.