Status February 2020

Table of contents

I. Name and address of the person responsible

The person responsible within the meaning of the Basic Data Protection Regulation and other national data protection laws of the Member States and other provisions of data protection law is the:

Brökelmann + Co Oelmühle GmbH + Co
Hafenstr. 83
59067 Hamm
Germany
02381/949-0
info@broelio.de
www.broelio.de

II. contact details of the data protection office

The data protection officer of the controller is:
DataCo GmbH
Dachauer Straße 65
80335 München
Germany
+49 89 7400 45840
www.dataguard.de

III. general information on data processing

1. the scope of processing of personal data

As a matter of principle, we process personal data of our users only to the extent necessary to provide a functional website and our contents and services. The processing of personal data of our users regularly only takes place with the user’s consent. An exception is made in those cases where prior consent cannot be obtained for factual reasons and the processing of the data is required by law.

2. legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 1 sentence 1 lit. of the EU Basic Data Protection Regulation (DSGVO) serves as the legal basis.
When processing personal data which is necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 sentence 1 lit. b DSGVO serves as the legal basis. This also applies to processing operations which are necessary to carry out pre-contractual measures.
Insofar as processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 sentence 1 lit. c DSGVO serves as the legal basis.
If vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 sentence 1 lit. d DSGVO serves as the legal basis.
If the processing is necessary to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Article 6 paragraph 1 sentence 1 letter f DSGVO serves as the legal basis for the processing.

3. data deletion and storage period

The personal data of the person concerned will be deleted or blocked as soon as the purpose of the storage no longer applies. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other regulations to which the person responsible is subject. Data will also be blocked or deleted when a storage period prescribed by the above-mentioned standards expires, unless there is a need to continue storing the data for the purpose of concluding or fulfilling a contract.

IV. Rights of the data subject

If personal data are processed by you, you are the data subject within the meaning of the DSGVO and you are entitled to the following rights in relation to the person responsible:

1. right of information:

You may request confirmation from the controller as to whether personal data concerning you are being processed by him. If such processing is carried out, you may request information from the data controller on the following:

1. the purposes for which the personal data are processed;
2. the categories of personal data which are processed;
3. the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
4. the planned duration of storage of the personal data concerning you or, if it is not possible to give specific details, criteria for determining the duration of storage;
5. the existence of a right of rectification or erasure of personal data concerning you, a right to have the processing limited by the controller or a right to object to such processing;
6. the existence of a right of appeal to a supervisory authority;
7. any available information as to the origin of the data, if the personal data are not collected from the data subject;
8. the existence of automated decision-making, including profiling, in accordance with Art. 22 (1) and (4) DPA, and, at least in these cases, meaningful information on the logic involved and the scope and intended effects of such processing on the data subject.

You have the right to request information as to whether the personal data concerning you are transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 DPA in connection with the transfer.

This right of access may be limited in so far as it is likely to make it impossible or seriously hinder the achievement of the research or statistical purposes and the limitation is necessary for the achievement of the research or statistical purposes.

2. right of rectification:

You have the right to ask the data controller to correct and/or complete the data if the personal data processed concerning you is incorrect or incomplete. The data controller shall make the correction without delay.

Your right of rectification may be limited to the extent that it is likely to make it impossible or seriously hinder the achievement of the research or statistical purposes and the limitation is necessary for the achievement of the research or statistical purposes.

3. right to limit processing:

Under the following conditions, you may request the restriction of the processing of personal data concerning you:

• if you dispute the accuracy of the personal data concerning you for a period of time which enables the controller to verify the accuracy of the personal data;
• the processing is unlawful and you object to the deletion of the personal data and instead demand the restriction of the use of the personal data;
• the controller no longer needs the personal data for the purposes of the processing, but you need the personal data in order to assert, exercise or defend legal claims; or
• if you have lodged an objection to the processing pursuant to Art. 21 para. 1 DPA and it has not yet been established whether the legitimate reasons of the controller outweigh your reasons.

If the processing of personal data relating to you has been restricted, such data may be processed, with the exception of storage, only with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.

If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

Your right to restrict processing may be limited to the extent that it is likely to make it impossible or seriously prejudicial to the achievement of the research or statistical purposes and that the restriction is necessary for the achievement of the research or statistical purposes.

4. right of cancellation

a) Duty to delete

You may request the controller to delete the personal data concerning you without delay and the controller is obliged to delete such data without delay if one of the following reasons applies:

1. the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
2. you revoke your consent on which the processing was based pursuant to Art. 6 para. 1 sentence 1 letter a or Art. 9 para. 2 letter a FADP, and there is no other legal basis for the processing.
3. you lodge an objection to the processing pursuant to Art. 21 (1) DSGVO and there are no overriding legitimate reasons for the processing, or you lodge an objection to the processing pursuant to AArt. 21 (2) DSGVO.
4. the personal data concerning you have been processed unlawfully.
5. erasure of the personal data concerning you is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject
6. the personal data concerning you have been collected in relation to information society services offered, in accordance with Article 8 (1) of the DPA.

b) Information to third parties

If the controller has made public the personal data concerning you and is obliged to delete them pursuant to Art. 17 para. 1 DPA, he shall take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to these personal data or copies or replications of these personal data.

c) Exceptions

The right of cancellation does not exist insofar as the processing is necessary

1. to exercise the right to freedom of expression and information;
2. to comply with a legal obligation requiring processing under Union or national law to which the controller is subject or to perform 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 field of public health pursuant to Article 9 paragraph 2 letters h and i and Article 9 paragraph 2 lit. h and i and Article 9 paragraph 3 DSGVO;
4. for archiving, scientific or historical research purposes in the public interest or for statistical purposes pursuant to Art. 89 para. 1 DSGVO, insofar as the right referred to in a) is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or
5. to assert, exercise or defend legal claims.

5. right to information

If you have asserted the right to rectify, erase or limit the processing vis-à-vis the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort.

You have the right vis-à-vis the controller to be informed of these recipients.

6. right to data transferability

You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, common and machine-readable format. You also have the right to have this data communicated to another person in charge without interference from the person in charge to whom the personal data has been communicated, provided that

1. the processing is based on a consent pursuant to Art. 6 para. 1 sentence 1 letter a DSGVO or Art. 9 para. 2 letter a DSGVO or on a contract pursuant to Art. 6 para. 1 sentence 1 letter b DSGVO and
2. the processing is carried out by means of automated procedures.

In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one responsible party to another, as far as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to data transferability shall not apply to the processing of personal data 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 of objection

You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out pursuant to Article 6 paragraph 1 sentence 1 letter e or f FADP; this also applies to profiling based on these provisions.

The controller will no longer process the personal data concerning you, unless he can demonstrate compelling reasons for processing which are worthy of protection and which outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.

If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it is linked to such direct marketing.

If you object to processing for the purposes of direct marketing, the personal data concerning you will no longer be processed for those purposes.

You have the possibility to exercise your right of objection in relation to the use of information society services, without prejudice to Directive 2002/58/EC, by using automated procedures involving technical specifications.

You also have the right to object, for reasons arising from your particular situation, to the processing of personal data concerning you for scientific or historical research purposes or for statistical purposes in accordance with Art. 89, paragraph 1 of the DPA.

Your right of objection may be limited to the extent that it is likely to make the realisation of the research or statistical purposes impossible or to seriously impair them and the limitation is necessary for the fulfilment of the research or statistical purposes.

8. right to revoke the declaration of consent under data protection law

You have the right to revoke your data protection declaration of consent at any time. You have the right to revoke your data protection declaration of consent at any time.

9. automated decision in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, that has legal effect on you or significantly affects you in a similar manner. This shall not apply if the decision

1. is necessary for the conclusion or fulfilment of a contract between you and the person responsible
2. is authorised by Union law or the law of the Member States to which the person responsible is subject and that law provides for appropriate measures to safeguard your rights and freedoms and your legitimate interests; or
3. is authorised by Union law or the law of the Member States to which the person responsible is subject and that law provides for appropriate measures to safeguard your rights and freedoms and your legitimate interests; or

with your express consent. However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 DSGVO, unless Art. 9 para. 2 lit. a or b DSGVO applies and appropriate measures have been taken to protect rights and freedoms and your legitimate interests.

With regard to the cases referred to in 1. and 3. above, the data controller shall take reasonable measures to safeguard the rights and freedoms and your legitimate interests, which shall include at least the right to obtain the intervention of a person from the data controller, to present his or her point of view and to challenge the decision.

10. right to appeal to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State in which you are resident, your place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you is in breach of the DPA.
The supervisory authority to which the complaint has been submitted will inform the complainant of the status and the results of the complaint, including the possibility of a judicial remedy under Art. 78 DSGVO.

V. Provision of the website and creation of log files

1. description and scope of data processing

Whenever our website is called up, our system automatically collects data and information from the computer system of the calling computer.

The following data is collected:

• Information about the browser type and the version used
• The user’s operating system
• The Internet service provider of the user
• The IP address of the user

These data are stored in the log files of our system. This data is not stored together with other personal data of the user.

2. 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 purpose, the user’s IP address must remain stored for the duration of the session.

The storage in log files is done to ensure the functionality of the website. In addition, the data is used to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

These purposes also include our legitimate interest in data processing in accordance with Art. 6 Para. 1 S. 1 lit. f DSGVO.

3. legal basis for data processing

The legal basis for the temporary storage of data and log files is Art. 6 para. 1 sentence 1 lit. f DSGVO.

4. duration of storage

The data will be deleted as soon as they are no longer necessary for the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session is ended.

In the case of storage of the data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case the IP addresses of the users are deleted or alienated, so that an allocation of the calling client is no longer possible

5. possibility of opposition and removal

The collection of data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website. There is therefore no possibility of objection on the part of the user.

VI. use of cookies

1. 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 calls up a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.

We use cookies to make our website more user-friendly. Some elements of our website require the calling browser to be able to be identified even after a page change.

The following data is stored and transmitted in the cookies:

In addition, we use cookies on our website which enable an analysis of the surfing behaviour of the users.

In this way the following data can be transmitted:

• Frequency of page views

The user data collected in this way is pseudonymised by technical precautions. It is therefore no longer possible to assign the data to the calling user. The data is not stored together with other personal data of the users.

2. purpose of data processing

The purpose of using technically necessary cookies is to simplify 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 recognized even after a change of page.

We require cookies for the following applications:

• Facilitation of navigation

The user data collected through technically necessary cookies is not used to create user profiles.

The analysis cookies are used for the purpose of improving the quality of our website and its contents. The analysis cookies tell us how the website is used and enable us to constantly optimise our offer.

Statistical evaluation of visitor access

3. legal basis for the data processing

The legal basis for the processing of personal data using cookies is Art. 6 para. 1 sentence 1 lit. a DSGVO.
The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 sentence 1 lit. f DSGVO.

4. duration of storage, possibility of objection and removal

Cookies are stored on the user’s computer and transmitted by the user to our site. Therefore you as a user have full control over the use of cookies. By changing the settings in your Internet browser, you can deactivate or restrict the transmission of cookies. Already stored cookies can be deleted at any time. This can also be done automatically. If cookies for our website are deactivated, it may not be possible to use all the functions of the website to their full extent.
If you are using a Safari browser version 12.1 or higher, cookies are automatically deleted after seven days. This also applies to opt-out cookies, which are set to prevent tracking measures.

If you are using a Safari browser version 12.1 or higher, cookies are automatically deleted after seven days. This also applies to opt-out cookies, which are set to prevent tracking measures.

VII. email contact

1. description and scope of data processing

On our website it is possible to contact us via the provided email address. In this case the personal data of the user transmitted with the email will be stored. The data will be used exclusively for processing the conversation.

2. purpose of the data processing

In the case of contacting us by email, this is also the necessary legitimate interest in the processing of the data.

3. legal basis for the data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. if the user has given his consent.
The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 letter f DSGVO. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for processing is Art. 6 para. 1 lit. b DSGVO.

4. duration of storage

The data will be deleted as soon as they are no longer necessary for the purpose for which they were collected. For personal data sent by email, this is the case when the respective conversation with the user has ended. The conversation is terminated when it can be concluded from the circumstances that the matter in question has been finally clarified.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

5. possibility of objection and removal

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by email, he can object to the storage of his personal data at any time. In such a case the conversation cannot be continued.

Contact by mail or email
All personal data stored in the course of the contact will be deleted in this case.

VIII. Hosting

The website is hosted on servers by a service provider commissioned by us.
Our service provider is:
Neue Medien Münnich
The servers automatically collect and store information in so-called server log files, which your browser automatically transmits when you visit the website. The stored information is:

• 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

This data is not merged with other data sources. These data are recorded on the basis of Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in the technically error-free presentation and optimisation of his website – for this purpose the server log files must be recorded.

The server of the website is located geographically in Germany.