Privacy Statement
§1 Information about the collection of personal data
(1) This document is to inform you about the collection of personal data when using our website BT-Cloud, BT-Cito. Personal data is all data pertaining to an individual, such as name, address, e-mail addresses, Telephone number or user behavior.
(2) The controller, pursuant to Art. 4 Clause 7 EU General Data Protection Regulation (GDPR), is Kubota Brabender Technologie GmbH, Kulturstraße 49, 47055 Duisburg, gdpr@kubota-bt.com.
(3) When contacting us via e-mail or via a contact form, the data you communicate (your e-mail address and, if applicable, your name) will be stored by us so as to enable us to answer your questions. Further information is provided on a voluntary basis and merely serves to facilitate our contact to answer your query. All data collected in this context will be deleted as soon as it is no longer required. If legal archiving duties apply, we will restrict processing. Legal basis is Art 6 I 1 b) GDPR.
(4) Any circumstances under which we commission processors to execute individual functions of our offer or might wish to use your data for commercial purposes are described in detail below. We will also indicate the stipulated archiving periods.
§2 Your rights
(1) With regard to your personal data, you have the following rights:
• right of information
• right of rectification or erasure
• right of restricted processing
• right of objection against processing
• right of data portability
(2) In addition, you are entitled to file a complaint with a data protection authority concerning our processing of your personal data.
§3 Collection of personal data when visiting our website
(1) If you visit our website for information purposes only, i.e., if you don't register or otherwise submit information to us, we will only collect the personal data your browser transfers to our server. If you wish to view our website, we collect the data detailed below. This is technically required for you to be able to view our website and to safeguard its stability and security (legal basis: Art. 6 Clause 1 p. 1 lit. f GDPR):
• IP address
• date and time of your request
• time zone difference to Greenwich Mean Time (GMT)
• content of query (page)
• status of access / HTTP status code
• transferred data volume
• website issuing the request
• browser
• operating system and surface
• language and version of browser software
(2) In addition to the aforementioned data, cookies will be stored on your computer when using our website. Cookies are small text files that are stored on your hard disk and allocated to your browser. They transfer certain information to the originator of the cookie (in this case, us). Cookies cannot execute programs or place viruses on your computer. Their purpose is to render our Internet service more user-friendly and more effective.
(3) Use of cookies
a) This website uses the following types of cookies, whose scope and functions are explained below:
transient cookies (cf. b)
persistent cookies (cf. c).
b) Transient cookies will be automatically deleted when you close your browser. These include session cookies. Session cookies store the session ID, which serves to allocate various requests your browser issues during a session. They enable recognition of your computer upon your next visit to our website. Session cookies will be deleted as soon as you log off or close the browser.
c) Persistent cookies will be automatically deleted after a given time period, which may vary, depending on the cookie. You can delete cookies at any time via your browser’s security settings. Persistent cookies are used to save settings made by them. Your settings, which you have declared via the cookie banner, will be also saved via a permanent cookie. In general, we use persistent cookies to save the settings you made on this website. Such cookies are generally provided with an expiration date, after which they are deleted.
d) Our cookies are provided with different storage periods. We only keep cookies as long as necessary to maintain our services.
e) You can configure your browser settings according to your preferences. For example, you can reject all or third-party cookies. Please note that, in this event, you may not be able to access all functions of this website.
§4 Collection of personal data when using the BT Cloud
(1) When using the BT Cloud, the following personal data is processed:
• login name, e.g. first name and surname or email address.
• user ID
• IP address
• profile picture (if stored)
• user data deposited by you in the Nextcloud system
• location data (optional) for selecting the display language and local weather information.
§5 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, this site uses SSL or TLS encryption. 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.
§6 Other website functions and offers
(1) In addition to providing you with information, our website offers various services. To use these services, you will, generally, have to enter additional personal data as required for us to provide the respective services. This data is also subject to the aforementioned data processing principles.
(2) We sometimes use third-party service providers to process your data. We carefully select such providers, they are bound to our instructions, and they are monitored on a regular basis.
(3) We may also transfer your personal data to third parties if promotional activities, prize competitions, contract conclusions, or other services are offered jointly with our partners. You will receive detailed information upon entering your personal data or in the description of the respective offers below.
(4) If our service providers or partners are headquartered outside the EEA (European Economic Area), you will be informed of the consequences in the description of the respective offers.
§7 Data Protection Information for Applicants
(1) We process the application-related data that you have sent us in order to assess your suitability for the position (or other open positions within our companies, if applicable) and to carry out the application process.
(2) The legal basis for the processing of your personal data as part of this application process is primarily Article 26 of the German Federal Data Protection Act as updated on 25 May 2018. Accordingly, the processing of data required specifically for the purpose of determining whether an employment relationship is to be established is permissible.
Should the data be required for legal prosecution after completion of the application process, data processing may take place on the basis of the requirements of Art. 6 of the General Data Protection Regulation (GDPR), in particular, for the purpose of safeguarding legitimate interests, pursuant to Art. 6 (1) f) of the GDPR. Our interest shall then lie in the assertion or defense of claims.
(3) In the event of rejection, applicant data will be deleted after six months. In the event that you have agreed to the continued storage of your personal data, we will transfer your data to our applicant pool. The data will be deleted from the pool after a period of two years. If you are awarded a position during the application process, the data stored in the applicant data system will be transferred to our HR information system.
(4) During the application process, the applicant management system developed by softgarden e-Recruiting GmbH, Tauentzienstr. 14, 10789 Berlin (contact: datenschutz@softgarden.de) is used. The company acts as one of our service providers and may also become aware of your personal data in the course of maintaining and servicing the systems. In accordance with Art. 28 of the GDPR, a contract for order processing has been concluded with the provider, which ensures compliance with the provisions of data protection law.
§8 Information Concerning the softgarden Applicant Management System
https://www.kubota-bt.com/fileadmin/user_upload/Datenschutz___7_Softgarden_EN.pdf
§ 9 Data protection information for new customers
(1) Purposes for the performance of a contract or pre-contractual measures (Art. 6 para. 1 b DSGVO).
Personal data is processed for the performance of our contracts with you and the execution of your orders as well as for the performance of measures and activities in the context of pre-contractual relations. In particular, the processing thus serves the preparation of invoices in accordance with your orders and includes the services, measures and activities necessary for this.
(2) Purposes within the scope of a legitimate interest of us or third parties (Art. 6 para. 1 f DSGVO)
Beyond the actual performance of the contract or preliminary contract, we may process your data if it is necessary to protect legitimate interests of us or third parties, in particular for purposes:
- advertising or market and opinion research, insofar as you have not objected to the use of your data
- obtaining information and exchanging data with credit agencies, insofar as this is covered by our legitimate interest
- the enrichment of our data, e.g. by using or researching publicly available data
- the limited storage of data if deletion is not possible or only possible with disproportionate effort due to the special nature of the storage.
(3) purposes to comply with legal requirements (Art. 6 para. 1 c DSGVO) or in the public interest (Art. 6 para. 1 e DSGVO).
We are subject to a variety of legal requirements (e.g. commercial and tax laws), but also regulatory or other official requirements. The purposes of the processing may include identity and age verification, fraud and money laundering prevention, the prevention, combating and investigation of terrorist financing and asset-endangering crimes, matching with European and international anti-terrorist lists, the fulfilment of control and reporting obligations under tax law, as well as the archiving of data for data protection and data security purposes and auditing by tax and other authorities. In addition, the disclosure of personal data may become necessary in the context of official/court measures for the purposes of collecting evidence, criminal prosecution or the enforcement of civil law claims.
(4) categories of data we process, where we do not receive data directly from you, and their origin.
To the extent necessary for the provision of our services, we process personal data permissibly obtained from other companies or other third parties (e.g. credit reference agencies). In addition, we process personal data that we have permissibly taken, received or acquired from publicly accessible sources (such as telephone directories, trade and association registers, etc.) and are permitted to process.
Recipients or categories of recipients of your data
Within our company, those internal offices or organisational units receive your data that require it to fulfil our contractual and legal obligations or in the context of processing and implementing our legitimate interests. Your data will only be passed on to external bodies in connection with the
- in connection with the processing of contracts
- for the purpose of fulfilling legal requirements,
- on the basis of our legitimate interest or the legitimate interest of the third party for the purposes stated under point (2) (e.g. to authorities, credit agencies, debt collection, lawyers, courts, experts, companies belonging to the group and committees and supervisory bodies);
- if you have given us permission to transfer your data to third parties.
We will not pass on your data to third parties beyond this.
(5) Duration of the storage of your data
We process and store your data for the duration of our business relationship. This also includes the initiation of a contract (pre-contractual legal relationship) and the processing of a contract. In addition, we store data that must be kept for 10 years due to commercial and tax regulations. Other data, for which no tax retention periods come into consideration, are kept until the expiry of the regular statute of limitations (§§195, 199 BGB), but periods of up to 30 years may be applicable under certain circumstances.
If the data are no longer required for the fulfilment of contractual or legal obligations and rights, they are regularly deleted, unless their - temporary - further processing is necessary for the fulfilment of the purposes listed under point (2) due to an overriding legitimate interest.
(6) Processing of your data in a third country or by an international organisation
Data is transferred to bodies in countries outside the European Union (EU) or the European Economic Area (EEA) (so-called third countries) if it is necessary for the execution of an order/contract from you, if it is required by law (e.g. reporting obligations under tax law), if it is in the legitimate interest of us or a third party or if you have given us your consent.
In this context, the processing of your data in a third country may also take place in connection with the involvement of service providers as part of commissioned processing. If there is no EU Commission decision on an adequate level of data protection for the country in question, we ensure that your rights and freedoms are adequately protected and guaranteed in accordance with EU data protection requirements by means of appropriate contracts.
(7) Credit agencies
Our company regularly checks the creditworthiness of our customers if there is a justified interest, e.g. if our company could be affected by a financial default risk. For this purpose, we work with Creditreform Duisburg/Mühlheim Wolfram GmbH & Co. KG, from whom we receive the data required for this purpose. For this purpose, we transmit your personal data from this contractual relationship and the information necessary for obtaining creditworthiness to [company, address]. The legal basis for the data transfer is Art 6 I 1 f), Art 6 I b) DS-GVO. The information pursuant to Art. 14 of the German Data Protection Regulation (DS-GVO) on the data processing carried out at the [credit agency] can be found at [https://www.creditreform.de/duisburg/datenschutz].
OBJECTION TO OR REVOCATION OF CONSENT TO THE PROCESSING OF YOUR DATA
(1) You are free to withdraw your consent to the processing of your personal data at any time. Such revocation will impact the reliability of the processing of your personal data once it has been issued to us.
(2) To the extent that the processing of your personal data is based on the balancing of interests, you may object to the processing. This is the case if the processing is not required to execute a contract we may have with you. Please refer to the descriptions of the respective functions below for details. Should you object to the processing of your personal data, please indicate the reasons why you do not wish for your personal data to be processed as commonly practiced by us. In the event of your justified objections, we will examine the situation and will either discontinue/adapt the processing of your personal data or explain our compelling and justified reasons why we will continue to process your personal data.
(3) As a matter of course, you may object to the processing of your personal data for advertising and data analysis purposes at any time. To object to the processing of your personal data for advertising purposes, please contact us at gdpr@kubota-bt.com
§10 Third-country Transfer
Please note that your data may be processed in the USA. While Google has outsourced a large number of its services (Analytics, Webfonts, Maps) to European servers, it cannot be ruled out that US authorities may be able to access your data on the basis of local legislation, without sufficient legal protection options being available to them. Therefore, your consent will be requested before such services are activated or the corresponding cookies are stored. Should you not wish for that to happen, you can refuse to grant consent in that regard. In such a case, only technically necessary cookies will be stored; the services in question will not be activated.
§ 11 Use of Google Analytics
(1) This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. In the event that IP anonymisation is activated on this website, however, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator.
The cookie set by Google is stored for 14 months and then deleted.
(2) The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.
(3) 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 the collection of data generated by the cookie and related to your use of the website (including your IP address) by Google and the processing of this data by Google by downloading and installing the browser plug-in available at the following link: tools.google.com/dlpage/gaoptout.
(4) This website uses Google Analytics with the extension "_anonymizeIp()". This means that IP addresses are processed in a shortened form, thus excluding the possibility of personal references. If the data collected about you is related to a person, this is immediately excluded and the personal data is deleted immediately.
(5) We use Google Analytics to analyse and regularly improve the use of our website. The statistics obtained enable us to improve our offer and make it more interesting for you as a user. For the exceptional cases in which personal data is transferred to the USA, we base the processing on your express consent given via the consent banner in accordance with Art 49 I 1 a) DS-GVO. The legal basis for the use of Google Analytics is your consent, Art 6 I 1 a) DS-GVO. You can revoke your consent at any time.
(6) Information of the third party provider: Google Dublin, Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. User terms and conditions: www.google.com/analytics/terms/de.html, Overview of data protection: www.google.com/intl/de/analytics/learn/privacy.html, as well as the data protection declaration: www.google.de/intl/de/policies/privacy.
§12 YouTube Videos
(1) We have integrated YouTube videos into our online offer, which are stored on www.youtube.com and can be played directly via our website. They are all integrated in "extended data protection mode", i.e., no data about you as a user is transmitted to YouTube if you do not play the videos. The data mentioned in paragraph 2 will only be transmitted if you play the videos. We have no influence on such data transmission. The legal basis for the collection is your consent, pursuant to Art. 6 I 1 a) of the GDPR.
(2) When playing a video, YouTube receives information indicating that you have accessed the corresponding sub-page of our website. In addition, the data mentioned under Article 3 of this policy is transmitted. That occurs regardless of whether YouTube provides a user account via which you are logged in or whether no user account exists. If you are logged in to Google, your data will be directly assigned to your account. If you do not want the data to be associated with your YouTube profile, you will need to log out before clicking on the button. YouTube stores your data as usage profiles and uses it for the purposes of advertising, market research, and/or the demand-oriented design of its website. Such an evaluation is carried out, in particular (even for users who are not logged in), to provide needs-based 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 such user profiles.
(3) For more information on the purpose and scope of data collection and its processing by YouTube, please refer to the privacy policy. The policy will also provide further information on your rights and setting options with respect to the protection of your privacy: www.google.de/intl/de/policies/privacy and policies.google.com/technologies/types. Google also processes your personal data in the USA. The legal basis for carrying out a data transfer is your express consent, in accordance with Art. 49 I 1 a) of the GDPR.
§13 Use of Google Maps
(1) This website uses Google Maps. It enables us to show you interactive maps on our website and facilitates your use of the map function. We use the so-called two-click solution. When you visit our site, initially, no personally identifiable information will be disclosed to Google. We give you the opportunity to communicate directly with the provider of the plug-in via the button. Only if you click on the marked field and activate it, the plug-in provider receives the information that you have accessed the corresponding website of our online service and Google Maps is activated for use.
(2) Your visit to the website will trigger the notification to Google that you have opened the corresponding subsite to our website. Only the data listed in § 3 of this Statement will be transferred, irrespective of whether Google provides a user account via which you log in, or whether no user account exists. If you are logged in on Google, your data will immediately be allocated to your account. If you do not want your data to be allocated to your Google profile, please log off before activating the button. Google will save your personal data as user profiles and use it for advertising or market research purposes and/or the user friendly design of its website. Such data use is, in particular, intended (even for users that are not currently logged in) for the selection of tailored advertising and to inform other social network users about your activities on our website. You may object to such user profiles being created. Please file your objection with Google.
(3) Please refer to the privacy statements of the provider, which are referenced below, for details concerning the purpose and scope of data collection and processing by the plug-in providers. You will also find further information concerning your rights and setting configurations to protect your privacy: www.google.de/intl/de/policies/privacy. Google processes your personal data in the USA and is registered under the EU-US Privacy Shield: www.privacyshield.gov/EU-US-Framework.