Stand 25.05.2018Privacy Policy

Responsible Party in all contractual relationships with Battermann & Tillery GmbH is:

Battermann & Tillery GmbH - Lloydstraße 1 - 28217 Bremen
Tel.: 49 (0) 421 - 38 98 642
Fax: 49 (0) 421 - 38 98 666
E-Mail: info@ba-ty.com
Website: https://www.ba-ty.com
Registration: Bremen HRB 14958
Manager / CEO: Mr Patrick Tillery, Mr Nico Nöldner

The Data Protection Officer of the Responsible Party is Mr Ralf Bingel.
The Data Protection Officer can be contact as follows:

Phone: 49 (0) 421 38 98 6-43
E-Mail: datenschutz@ba-ty.com

As the Concerned Party of the data processing operation, you have the following rights according to the General Data Protection Regulation(hereafter “rights of the concerned party”):

• You have the right to request information about whether we process your personal data. If we process your personal data, you are entitled to request information concerning:
  
  • the purpose of processing;
  • the category/type of personal data processed;
  • the Recipients or categories of Recipients to whom your data has been disclosed or will be disclosed. This applies in particular if data was/is to be disclosed to Recipients in third countries beyond the jurisdiction of the GDPR.
  • the planned period of storage, if possible; if this cannot yet be determined, the criteria to determine the storage period (e.g. legal storage periods and similar) are to be stated.
  • to exercise your right to have your personal data corrected or deleted, to restricting its processing and/or to object to its collection (see also the following clauses in this regard);
  • the existence of the right to lodge a complaint with a regulatory authority;
  • the origin of the data in case the personal date was not directly collected from you. Furthermore, you may request information whether your data is used in automated decision-making in the sense of Art 22 GDPR. If this is the case, you may request information about the criteria on which such automated decisions are based (logic) and what can be the effects and the significance of such an automated decision for you.
    
    If personal data is transferred in to a third country beyond the jurisdiction of the General Data Protection Regulation, you may request information about whether there are any guarantees in place at the Recipient’s for an ample level of data protection in the third country in the sense of Art 45 and 46 GDPR.
    
    
• You have the right of requesting a copy of your personal data. Such copies will be provided in electronic form unless you request otherwise. The first copy will be free of charge, any further copies may be provided against an appropriate fee. Copies will be provided without prejudice for the rights and liberties of other persons who might be affected by the provision of a copy of your personal data.
• You have right to request us to correct your data if same is incorrect, inaccurate and/or incomplete; the right of correction includes the right of completion by means of additional statements or messages. Any correction and/or amendment is to be made immediately, that is without any undue delay.
• You have the right to request us to delete your personal data if
  
  • the personal data is no longer required for the purpose(s) for which they were collected and processed;
  • the personal data is processed based upon your explicit consent and you have withdrawn said consent, unless there is another legal basis for continued processing of the data;
  • you objected to the processing of your data according to Art 21 GDPR and no overriding, justified reasons for continued processing can be stated;
  • you object to the processing of your data for the purpose of direct marketing in accordance with Art 21 Para 2 GDPR;
  • your personal data was processed illegally;
  • the data concerns an offspring and was collected with regard to information society services in accordance with Art 8 Para 1 GDPR.
• You may not exercise your right to have personal data deleted if
  
  • your request would oppose the right of free speech and the right to freedom of information;
  • your data is processed in order to (i) fulfil legal requirements (e.g. legal storage periods), (ii) be able to observe public duties and interests in accordance with EU law and/or member state laws (this includes public health interests), or (iii) if your data is required for purposes of public records and/or research;
  • your personal data is required to assert, exercise or defend legal entitlements.
    
    
  Personal data has to be deleted immediately, i.e. without any undue delay. If personal data has been published by us (e.g. on the Internet), we have to ensure, insofar as technically possible and reasonable, that third-party Data Processors are also informed about the request to delete the data including the deletion of links, copies and/or replications.

• You have the right to have the processing of your personal data restricted in the following cases:
  
  • If you contested the correctness of your personal data, you can request that your data may not be processed for other purposes while the data is verified, thus restricting its processing.
  • If your data is processed illegally, you can, instead of requesting deletion of the data in accordance with Art 17 Para 1 lit. d GDPR, request that their usage be restricted in accordance with Art 18 GDPR:
  • If you require your personal data to assert, exercise or defend legal entitlements and they are otherwise no longer required, you can request that their processing/usage be restricted to the aforementioned legal purposes;
  • If you objected to the processing of your data in accordance with Art 21 Para 1 GDPR and it has not yet been determined whether our interest of processing outweigh your own interests, you can request that your personal data not be processed for other purposes until such a determination is made, thus effectively restricting their usage.
    
    
  Personal data the processing of which was restricted as per your request - their storage notwithstanding - must only be processed (i) with your consent, (ii) to assert, exercise or defend legal entitlements, (iii) to protect the rights of other natural or legal entities, or (iv) for reasons of a substantial public interest. If the processing restrictions are lifted, you will be notified accordingly in advance.
  
  
• You have the right - subject to the following provisions - to request that your personal data be surrendered in a common, electronic and machine-readable format. The right of data transfer includes the right to transfer it to another Responsible Party; upon request, we will, insofar technically possible, transfer your data directly to a Responsible Party of your choosing. The right of data transfer only concerns the data provided by your and requires your consent or must be performed within a scope of a contractual agreement and is to be executed using automated processes. The right of data transfer in accordance with Art 20 GDPR will leave the right of data deletion in accordance with Art 17 GDPR unaffected. Any data transfer is performed without prejudice for the rights and liberties of other persons who might be affected by the data transfer.
  
  If your data is processed to fulfil responsibilities in the public interest (Art 6 Para 1 lit. e GDPR) or to observe legitimate interests (Art 6 Para 1 lit. f GDPR), you are entitled to object to the processing of the respective data any time with effect for the future. If you object to the processing of your data, we have to cease any further processing, unless
  
  • there are compelling legitimate grounds for processing which outweigh your own rights and liberties, or
  • the processing is necessary to assert, exercise or defend legal entitlements.
    
    
  Usage of your personal data for the purpose of direct marketing can be objected to at any time with effect for the future; this also includes profiling as long as it is related to direct marketing. If you object, we have to cease to process any of your personal data for the purpose of direct marketing.

Decisions of legal or other significant consequence for you may not be based solely on automated processing of personal data and/or profiling. This does not apply if the automated decision

• is necessary in order to enter into or fulfil a contractual agreement with you,
• is permissible by the laws of the EU or its member states, provided these laws include appropriate measures to safeguard your rights and liberties and the legitimate interest of your natural person, or
• is made with your express consent.

Decisions based solely on the automated processing of special categories of personal data are generally prohibited, unless the provisions of Art 22 Para 4 in connection with Art 9 Para 2 lit. a or g GDPR apply and appropriate measures were taken to safeguard your rights, liberties and your legitimate interests.

In case of data breaches which carry a high risk for your personal rights and liberties, we will notify your immediately. If cases in accordance with Art 34 Para 3 GDPR are concerned, such a notification may be waived. The notification will contain the following information, among other:

• Description of the data breach,
• Name and contact data of the Data Protection Officer or any other contact person for further information,
• Description of the likely consequences of the data breach,
• Description of the measures implemented or suggested by us in order to repair the data breach and to alleviate negative consequences.

In order to exercise the rights of the Concerned Party, please contact the bodies mentioned in § 5 and § 6. Enquiries received in electronic form will normally be answered in electronic form unless you have requested otherwise in your enquiry.

Information, messages and measures in accordance with the GDPR including exercising the rights of the Concerned Party are generally provided free of charge. Only if applications/enquiries are obviously unfounded or excessive, we are entitled to demand an appropriate fee or to deny the application/request (Art 12 Para 5 GDPR).If there is reasonable doubt about your identity, we are entitled to request additional information from you in order to positively verify your identity. If we are not able to positively verify your identity, we are entitled to deny your request. If it is not possible for us to identify you, we will notify you explicitly, if at all possible. (Art 12 Para 6, Art 11 GDPR).

Any enquiries and requests for information will normally be processed immediately within one month from the date of the enquiry. This period can be extended by another two months if so required in light of the complexity and/or the volume of individual enquiries; if the period needs to be extended, we will inform you about the reasons for the delay within one month from the date of your enquiry. If we will not process your enquiry, we will notify your immediately within one month from your enquiry stating the reasons. We will furthermore inform you about your options of lodging a complaint with a regulatory authority or of taking legal action. (Art 12 Para 3 and 4 GDPR)

Please note that you may exercise your rights as Concerned Party only within the limitations possibly imposed by the EU or its member states. (Art 23 GDPR)

The transfer of personal data to third parties is permitted only based on legal allowance or the Concerned Party’s consent.

If required to deliver ordered goods, we will transfer your data to the contracted forwarding company so the contract can be fulfilled.

If the Recipient of personal data is located outside of the European Union or the European Economic Area, special measures are to be taken in order to safeguard the rights and interests of the Concerned Parties. Data must not be transferred if the Recipient cannot provide an adequate level of data protection, e.g. due to specific contractual clauses.

We reserve the right to amend this Privacy Statement from time to time in order to adapt it to the current legal requirements or to add updates concerning any changes of our services, e.g. the introduction of new services. If you visit our website after such amendments have been made, the new Privacy Statement applies.