PRIVACY POLICY

Name and contact data of the body responsible for data processing (“controller”) in terms of Article 4 subs. 7 GDPR

Bespoke Home & Yacht Security
Mag. Matthias Fitzthum
82335 Berg, Germany, Europe
T +49 8151 97 144 57
protect@bespokehomesecurity.com

VAT ID No.
DE298367573

Registry authority
Gemeinde Berg, Reg. Nr.: 09188113

Security and protection of your personal data

We consider it our paramount responsibility to maintain the confidentiality of the personal data you provide to us and protect such data from unauthorised access. That is why we apply utmost diligence and care and state-of-the-art security standards to ensure maximum protection of your personal data.

As a private law company, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the provisions of the German “Bundesdatenschutzgesetz” (Federal Data Protection Act). We have implemented technical and organisational measures which ensure compliance with the data protection regulations by both of us and our external service providers.

Definitions

The legislator requires personal data to be processed lawfully, fairly (in good faith) and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’). To ensure this, we inform you about the legal definitions which we also use in the present Privacy Policy:

Personal data

“Personal data” means any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Processing

“Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Restriction of processing

“Restriction of processing” means the marking of stored personal data with the aim of limiting their processing in the future.

Profiling

“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

Pseudonymisation

“Pseudonymisation” means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person;

Filing system

“Filing system” means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.

Controller

“Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

Processor

“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;

Recipient

“Recipient” means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law are not regarded as recipients; the processing of those data by those public authorities is performed in compliance with the applicable data protection rules according to the purposes of the processing.

Third party

‘Third party’ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

Consent

“Consent” of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

Lawfulness of processing

Processing is lawful only if and to the extent that there is an appropriate legal basis for the processing. According to Article 6 subs. 1 a) – f) GDPR, the legal basis for the processing may in particular be, but is not limited to, the following:

  1. The data subject has given consent to the processing of his or her personal data for one or more specific purposes;
  2. Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
  3. Processing is necessary for compliance with a legal obligation to which the controller is subject;
  4. Processing is necessary in order to protect the vital interests of the data subject or of another natural person;
  5. Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  6. 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 data subject which require protection of personal data, in particular where the data subject is a child.

Information on the collection of personal data

(1) The following is to inform you about the collection of personal data when you use our website. Personal data include for instance name, address, email addresses and user behaviour.

(2) When you contact us by email or via a contact form, we store the data you disclose to us (your email address and – where provided – your name and telephone number) to enable us to answer your queries and questions. We delete the data collected in this context when and as soon as their storage is no longer necessary, or their processing is restricted if there are legal retention periods which we are obliged to observe.

Collection of personal data when you visit our website

If you use our website for mere information purposes, which means that, if you do not register or otherwise transfer information to us, we will only collect the personal data which your browser transfers to our server. If you want to view our website, we will collect the following data which are necessary for us in technical respect to display our website to you and ensure stability and security (the legal basis for this is Art. 6 subs. 1 sentence 1 f) GDPR):

  • IP address
  • Date and time of the request
  • Time zone difference compared to Greenwich Mean Time (GMT)
  • Content of the request (specific page)
  • State of access / HTTP status code
  • Data volume transferred from time to time
  • Website from which the request is made
  • Browser
  • Operating system and its surface
  • Language and version of the browser software.

Use of cookies

(1) In addition to the aforesaid data, cookies are stored on your computer when you use our website. Cookies are small text files which are allocated to the browser you use and stored on your hard drive and which provide the body that sets the cookies with certain information. Cookies cannot execute programs or infect your computer with viruses. They help render the

presentation of services on the Internet as a whole more-user friendly and more efficient.

(2) This website uses the following types of cookies the scope and functionality of which is described hereinafter:

  • Transient cookies (see a.)
  • Persistent cookies (see b.).
  • Transient cookies are deleted automatically when you close the browser. They include but are not limited to session cookies which store a so-called session ID which enables different requests from your browser to be allocated to a specific session. This enables us to recognize your computer when you come back to our website. The session cookies are deleted when you log out or close the browser.
  • Persistent cookies are deleted automatically after expiry of a pre-defined period of time which may vary, depending on the type of cookie used. You can delete the cookies in the security settings of your browser at any time.

(3) You can set your browser as you think appropriate and, for instance, refuse acceptance of all cookies or of third-party cookies. So-called third-party cookies are cookies which were set by a third party which means that they are not set by the actual website which you are visiting at the time. Please be aware that when you deactivate cookies you might be prevented from using all functions and features of this website.

(4) We use cookies to identify you in any subsequent visit to our website, provided you have an account with us. Otherwise, you must log in again every time you visit our website.

(5) The flash cookies used are not administered by your browser but by your flash plug-in. In addition, we use HTML5 storage objects which are stored on your terminal. These objects store the required data regardless of the browser you use, and they do not expire automatically. If you want to prevent flash cookies from being processed, you have to install an appropriate add-on, e.g. “Better Privacy” for Mozilla Firefox (https://addons.mozilla.org/de/firefox/addon/betterprivacy/) or the Adobe Flash Killer Cookie for Google Chrome. You can prevent the use of HTML5 storage objects by choosing the private mode in your browser. We also recommend that you delete your cookies and the browser history manually at regular intervals.

Additional functions, features and services offered on our website

(1) In addition to the mere informatory use of our website, we offer different services which you can use if you are interested in them. For such purpose, you must usually enter further personal data which we use to provide the relevant service, and which are subject to the afore-mentioned principles of data processing.

(2) To some extent, we engage external service providers for processing your data. We have carefully selected and engaged them, they are bound to our instructions and audited at regular intervals.

(3) Moreover, it may occur that we transfer your personal data to third parties when we offer participation in special offers, sales promotions, lotteries, raffles, contract conclusions or similar offers together with our partners. You will obtain more detailed information when you enter your personal data, or in the service description below.

(4) If and to the extent that our service providers or partners are domiciled in a country outside the European Economic Area (EEA), we will inform you about the consequences of this in the service description.

Rights of the data subject

(1) Right to withdraw your consent

If and to the extent that the processing of your personal data is based on your consent, you may withdraw your consent at any time. The withdrawal of consent does however not affect the lawfulness of processing based on consent before its withdrawal.

You may contact us at any time to exercise your right to withdraw your consent.

(2) Right to confirmation

You have the right to obtain from the controller confirmation as to whether or not we process personal data concerning you. You can request such confirmation under the contact data stated above at any time.

(3) Right of access/ Right to information

Where personal data are processed, we may at any time request information on, and 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 recipients 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 you 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 subs. 1 and 4 GDPR 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.

Where personal data are transferred to a third country or to an international organisation, you have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer. We will then provide a copy of the personal data undergoing processing. For any further copies you request, we may charge a reasonable fee based on administrative costs. Where you make the request by electronic means, and unless otherwise requested by you, the information will be provided in a commonly used electronic form. The right to obtain a copy referred to in paragraph 3 must not adversely affect the rights and freedoms of others.

(4) Right to rectification

You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

(5) Right to erasure (“Right to be forgotten”)

You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and we 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. The data subject withdraws consent on which the processing is based according to Article 6 subs. 1 a) or Article 9 subs. 2 a) GDPR, and where there is no other legal ground for the processing.
  3. The data subject objects to the processing pursuant to Article 21 subs. 1 GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 subs. 2 GDPR.
  4. The personal data have been unlawfully processed.
  5. The 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. The personal data have been collected in relation to the offer of information society services referred to in Article 8 subs. 1 GDPR.

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, will 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.

The right to erasure (“Right to be forgotten”) does not apply to the extent that processing is necessary:

  • for exercising the right of freedom of expression and information;
  • 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;
  • for reasons of public interest in the area of public health in accordance with Article 9 subs. 2 h) and i) as well as Article 9 subs. 3 GDPR;
  • for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89 subs. 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
  • for the establishment, exercise or defence of legal claims.

(6) Right to restriction of processing

You have the right to obtain from the controller restriction of processing of your personal data where one of the following applies:

  • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
  • The processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
  • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims; or
  • The data subject has objected to processing pursuant to Article 21 subs. 1 GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

Where processing has been restricted according to the conditions stated above, such personal data will, with the exception of storage, only be processed with the data subject’s 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.

The data subject may contact us under the contact data stated above at any time to exercise the right to obtain restriction of processing.

(7) Right to data portability

You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

  • the processing is based on consent pursuant to Article 6 subs. 1 a) or Article 9 subs. 2 a) GDPR or on a contract pursuant to Article 6 subs. 1 b) GDPR; and
  • the processing is carried out by automated means.

In exercising your right to data portability pursuant to paragraph 1, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The exercise of the right to data portability is without prejudice to the right to erasure (“right to be forgotten”). That right does 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.

(8) 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 Article 6 subs. 1 e) or f) GDPR, including profiling based on those provisions. The controller will no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or the data are processed for the establishment, exercise or defence of legal claims.

Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where you object to processing for direct marketing purposes, the personal data will no longer be processed for such purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89 subs. 1 GDPR, you have the right, on grounds relating to your particular situation, to object to processing of personal data concerning you, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

You may contact the relevant controller to exercise your right to object at any time.

(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:

  • is necessary for entering into, or performance of, a contract between the data subject and the controller;
  • is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or
  • is based on the data subject’s explicit consent.

The controller implements suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

The data subject may contact the relevant controller to exercise this right at any time.

(10) Right to lodge a complaint with 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 of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes this Regulation.

(11) Right to an effective judicial remedy against a supervisory authority

Without prejudice to any other administrative or non-judicial remedy including the right to lodge a complaint with a supervisory authority under Article 77 GDPR, you have the right to an effective judicial remedy if you consider that the rights to which you are entitled under this Regulation have been infringed due to your personal data being processed contrary to the provisions of this Regulation.

Use of Google Analytics

(1) This website uses the web analysis service “Google Analytics“ of Google Inc. (“Google”). Google Analytics uses so-called cookies which are small text files which are stored on your computer such that Google is able to analyse how you use our website. The information generated by the cookies about how you use this website is usually transferred to a server of Google Inc. in the USA and stored there. However, if the IP anonymisation is activated on this website, Google will shorten your IP address within EU Member States or in any other country party to the Agreement on the European Economic Area prior to the transfer. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. Google, acting upon the instruction of the operator of this website, will use the information to analyse how you use the website, to compile reports on the website activities and render to the website operator additional services that are related to the use of the website and the use of the Internet.

(2) The IP address which is transferred from your browser in the context of the use of Google Analytics will not be combined or merged with other data of Google.

(3) You can set your browser to prevent the storage of cookies. However, please be aware that in this case you may be unable to use all functions and features of this website without restrictions. You may also prevent the collection and transfer to Google of the data generated by the cookie regarding your use of the website (including your IP address) as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaopout?hl=de.

(4) This website uses Google Analytics with the supplementary feature “_anonymizeIp()“. This makes sure that only shortened IP addresses are processed further which prevents IP addresses from being allocated to specific persons. If and to the extent that the data collected from you may in principle be allocated to you specifically, such allocation is immediately prevented, and the personal data are thus deleted immediately.

(5) We use Google Analytics to analyse the use of, and regularly improve, our website. The statistics we obtain thereby help us improve the services we offer and render them more interesting for you as a user. As to the exceptional cases where personal data are transferred to the USA, Google agreed to respect and comply with the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Article 6 subs. 1 sentence 1 f) GDPR.

(6) Information of the third-party provider: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. Terms of Use:
http://www.google.com/analytics/terms/de.html, data protection overview: http://www.google.com/intl/de/analytics/learn/privacy.html, and privacy policy: http://www.google.de/intl/de/policies/privacy.

(7) This website uses Google Analytics also for the purposes of cross-device analysis of visitor streams which is implemented by means of a user ID. You can deactivate this analysis of your user behaviour in your customer account under “My data”, “personal data”.

Please note:
Where we provide translations of the information on our website in languages other than German, these are convenience translations only. In any case, the German versions prevail and are solely authoritative and binding for all parties involved.