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Privacy Policy

 

1. An overview of data protection

 

General information

The following information will provide you with a simple overview of what happens with your personal data when you visit this website. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the topic of data protection, please consult our Privacy Policy, which we have set out below.

 

Data collection on this website

Who is responsible for the collection of data on this website?

Data processing on this website is done by the website operator. You can find the contact details of the person responsible in the section “Information about the controller” in this Privacy Policy.

 

How do we collect your data?

In essence, we collect your data as a result of you sharing your data with us. This may, for instance, be information you enter into our contact form.

Other data are collected automatically by our IT systems or after you consent to its collection during your website visit. This data comprises primarily technical information (e.g. web browser, operating system, or the time the page was accessed). This information is collected automatically as soon as you enter this website.

 

What do we use your data for?

Part of the data is collected to guarantee the error-free provision of the website. Other data may be used to analyse your user behaviour.

 

What rights do you have as far as your data are concerned?

You have the right to receive information about the source, recipient and purpose of your stored personal data at any time without having to pay a fee for such disclosures. You also have the right to demand the rectification or erasure of your data. If you have consented to data processing, you can withdraw this consent at any time, which shall affect all future data processing. Moreover, you have the right to demand that the processing of your personal data be restricted under certain circumstances. Furthermore, you have the right of complaint to the competent supervisory authority.

Please do not hesitate to contact us at any time if you have questions about this or any other data protection-related issues.

Analysis tools and tools provided by third parties

Your browsing behaviour may be statistically analysed when you visit this website. Such analyses are performed primarily with what we refer to as analysis programs.

For detailed information about these analysis programs, please consult our Privacy Policy below.

 

2. Hosting and content delivery networks (CDN)

 

External hosting

This website is hosted by an external service provider (host). Personal data collected on this website are stored on the servers of the host. These may include, but are not limited to, IP addresses, contact requests, metadata and communications, contract information, contact information, names, web page accesses, and other data generated through a web site.

The host is used for the purpose of fulfilling contracts with our potential and existing customers (Art. 6(1)(b) GDPR) and in the interest of secure, fast and efficient provision of our online services by a professional provider (Art. 6(1)(f) GDPR).

Our host will process your data only to the extent necessary to fulfil its performance obligations and to follow our instructions with respect to such data.

We are using the following host:

Hetzner Online GmbH
Industriestr. 25
91710 Gunzenhausen
Germany

Conclusion of a commissioned data processing contract

In order to guarantee processing in compliance with data protection regulations, we have concluded a commissioned data processing contract with our host.

 

3. General information and mandatory information

 

Data protection

The operators of this website take the protection of your personal data very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Privacy Policy.

Whenever you use this website, a variety of personal data is collected. Personal data comprise data that can be used to personally identify you. This Privacy Policy explains what data we collect as well as the purposes for which we use this data. It also explains how, and for which purpose the data are collected.

We herewith advise you that the transmission of data via the Internet (e.g. through e-mail communications) may be prone to security loopholes. It is not possible to completely protect data against third-party access.

Information about the controller

The controller responsible for data processing on this website is:

Berger Fahrzeugtechnik Ges.m.b.H.
Rettenbach 10a
6241 Radfeld
Austria

Telephone: +43 (0) 5338 8421-7000
E-mail: office@berger-ecotrail.com

The controller is the natural person or legal entity that alone or jointly with others makes decisions as to the purposes of and means of processing of personal data (e.g. names, e-mail addresses etc.).

 

Duration of storage

Unless a more specific duration of storage has been specified in this Privacy Policy, your personal data will remain with us until the purpose for which it was collected no longer exists. If you assert a justified request for erasure or withdraw your consent to data processing, your data will be erased, unless we have other legally permissible reasons for storing your personal data (e.g. tax or commercial law retention periods); in this case, the erasure will take place after these reasons cease to apply.

 

Information on data transfer to the USA and other non-EU countries

Among other things, tools of companies domiciled in the USA or other, from a data protection perspective non-secure, non-EU countries, are integrated into our website. If these tools are active, your personal data may potentially be transferred to these non-EU countries and may be processed there. We must point out that in these countries, a level of data protection that is comparable to that in the EU cannot be guaranteed. For instance, U.S. companies are under a mandate to release personal data to the security agencies and you as the data subject do not have any litigation measures available against this. Hence, it cannot be ruled out that U.S. authorities (e.g. the secret services) may process, analyse and permanently store your personal data for surveillance purposes. We have no control over these processing activities.

 

Withdrawal of your consent to data processing

A wide range of data processing transactions are possible only with your express consent. You can also withdraw at any time any previously granted consent. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your withdrawal of consent.

Right to object to the collection of data in special cases; right to object to direct marketing (Art. 21 GDPR)

IN THE EVENT THAT DATA ARE PROCESSED ON THE BASIS OF ART. 6 (1) (E) OR (F) GDPR, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA BASED ON GROUNDS ARISING FROM YOUR PARTICULAR SITUATION. THIS ALSO APPLIES TO ANY PROFILING BASED ON THESE PROVISIONS. TO DETERMINE THE LEGAL BASIS ON WHICH ANY PROCESSING OF DATA TAKES PLACE, PLEASE CONSULT THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA, UNLESS WE ARE IN A POSITION TO PRESENT COMPELLING GROUNDS WORTHY OF PRESERVATION FOR THE PROCESSING THAT OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOMS OR IF THE PURPOSE OF THE PROCESSING IS THE ASSERTION, EXERCISE OR DEFENCE OF LEGAL CLAIMS (OBJECTION PURSUANT TO ART. 21 (1) GDPR).

IF YOUR PERSONAL DATA ARE BEING PROCESSED FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THE PROCESSING OF YOUR AFFECTED PERSONAL DATA FOR THE PURPOSES OF SUCH MARKETING. THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS IN CONNECTION WITH SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR DIRECT MARKETING PURPOSES (OBJECTION PURSUANT TO ART. 21 (2) GDPR).

 

Right of complaint to the competent supervisory authority

In the event of infringements of the GDPR, data subjects have a right of complaint to a supervisory authority, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged infringement occurred. The right of complaint applies without prejudice to any other administrative or judicial remedies.

Right to data portability

You have the right to demand that we hand over any data we automatically process on the basis of your consent or in order to fulfil a contract to you or a third party in a commonly used, machine-readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.

SSL and/or TLS encryption

For security reasons and to protect the transfer of confidential content, such as purchase orders or enquiries that you submit to us as the website operator, this website uses either SSL or TLS encryption. You can recognise an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the padlock icon in the browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Access, rectification and erasure

Within the scope of the applicable statutory provisions, you have the right at any time to demand information about your stored personal data, their source and recipients as well as the purpose of the processing of your data. You may also have a right to the rectification or erasure of these data. If you have any other questions about the topic of personal data, please do not hesitate to contact us at any time.

Right to restrict processing

You have the right to demand the restriction of the processing of your personal data. To do so, you may contact us at any time. The right to restrict processing applies in the following cases:

  • In the event that you dispute the correctness of your personal data stored by us, we will usually need some time to verify this claim. You have the right to demand the restriction of the processing of your personal data for the duration of the verification.
  • If the processing of your personal data was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data instead of their erasure.
  • If we do not need your personal data any longer, but you need these personal data to exercise, defend or assert legal claims, you have the right to demand the restriction of the processing of your personal data instead of their erasure.
  • If you have raised an objection pursuant to Art. 21(1) GDPR, your interests and our interests will have to be weighed against each other. For as long as it has not been determined whose interests prevail, you have the right to demand the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, these data – with the exception of their storage – may be processed only with your consent or to assert, exercise or defend legal claims or to protect the rights of other natural persons or legal entities or on the grounds of an important public interest of the European Union or a member state of the EU.

 

4. Data collection on this website

 

Cookies

Our websites and pages use what the industry refers to as “cookies”. Cookies are small text files that do not cause any harm to your device. They are either stored temporarily for the duration of a session (session cookies) or they are permanently stored on your device (permanent cookies). Session cookies are automatically deleted when your visit ends. Permanent cookies remain stored on your device until you actively delete them, or they are automatically deleted by your web browser.

In some cases, it is possible that cookies of third parties are stored on your device when you enter our site (third-party cookies). These cookies enable you or us to take advantage of certain services offered by the third party (e.g. cookies for the processing of payment services).

Cookies have a variety of functions. Many cookies are technically essential since certain website functions would not work in the absence of the cookies (e.g. the shopping cart function or the display of videos). The purpose of other cookies may be marketing or the analysis of user behaviour.

Cookies that are required for the performance of electronic communication transactions (required cookies) or for the provision of certain functions you want to use (functional cookies, e.g. for the shopping cart function) or those that are necessary for the optimisation of the website (e.g. cookies that provide measurable insights into the web audience), are stored on the basis of Art. 6(1)(f) GDPR, unless a different legal basis is cited. The operator of the website has a legitimate interest in the storage of cookies to ensure the technically error-free and optimised provision of the operator’s services. If your consent to the storage of the cookies has been requested, the respective cookies are stored exclusively on the basis of the consent obtained (Art. 6(1)(a) GDPR); this consent may be withdrawn at any time.

You can set up your browser such that you will be notified whenever a cookie is set or to allow cookies only in specific cases. You may also exclude the acceptance of cookies in certain cases or in general or activate the delete function for the automatic deletion of cookies when the browser closes. If cookies are deactivated, the functionality of this website may be limited.

In the event that third-party cookies are used or if cookies are used for analytical purposes, we will separately notify you in accordance with this Privacy Policy and, if applicable, request your consent.

 

Contact form

If you submit enquiries to us via our contact form, your information from the contact form as well as any contact details you provided there will be stored by us for the purpose of processing your enquiry and in case of follow-up questions. We will not share these data without your consent.

The basis for the processing of these data is Art. 6(1)(b) GDPR if your request relates to the fulfilment of a contract, or if the processing is necessary to take steps prior to entering into a contract. In all other cases, the basis for the processing is our legitimate interest in the effective processing of the enquiries addressed to us (Art. 6(1)(f) GDPR) or is with your consent (Art. 6(1)(a) GDPR) if this has been requested.

The information you have entered into the contact form remains with us until you ask us to erase the data, withdraw your consent to the storage of data, or the purpose for which the information is being stored no longer exists (e.g. after we have completed our processing of your enquiry). Mandatory legal provisions, in particular retention periods, remain unaffected by this.

 

Enquiry by e-mail, telephone or fax

If you contact us by e-mail, telephone or fax, your enquiry, including all resulting personal data (name, enquiry), will be stored and processed by us for the purpose of processing your enquiry. We will not share these data without your consent.

The basis for the processing of these data is Art. 6(1)(b) GDPR if your request relates to the fulfilment of a contract, or if the processing is necessary to take steps prior to entering into a contract. In all other cases, the basis for the processing is our legitimate interest in the effective processing of the enquiries addressed to us (Art. 6(1)(f) GDPR) or is with your consent (Art. 6(1)(a) GDPR) if this has been requested.

The data sent by you to us via contact enquiries remain with us until you request us to erase them, withdraw your consent to their storage or the purpose for the data storage no longer exists (e.g. after we have completed our processing of your contact enquiry). Mandatory statutory provisions - in particular statutory retention periods - remain unaffected.

 

5. Analysis tools and marketing

 

Google Tag Manager

We use Google Tag Manager. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

Google Tag Manager is a tool that allows us to integrate tracking or statistical tools and other technologies on our website. Google Tag Manager itself does not create any user profiles, does not store cookies and does not carry out any independent analyses. It only manages and runs the tools integrated through it. However, Google Tag Manager does collect your IP address, which may also be transferred to Google’s parent company in the United States.

The basis for the use of Google Tag Manager is Art. 6(1)(f) GDPR. The website operator has a legitimate interest in the quick and uncomplicated integration and administration of various tools on its website. If the relevant consent has been requested, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR; the consent can be withdrawn at any time.

 

Google Analytics

This website uses functions of the web analysis service Google Analytics. The provider of this service is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

Google Analytics enables the website operator to analyse the behaviour patterns of website visitors. To that end, the website operator receives a variety of usage data, such as pages accessed, time spent on the page, the operating system used and where the user activity came from. Google may consolidate these data in a profile that is allocated to the respective user or the user’s device.

Google Analytics uses technologies that make possible the recognition of the user for the purpose of analysing user behaviour (e.g. cookies or device fingerprinting). The website use information collected by Google is, as a rule, transferred to a Google server in the United States, where it is stored.

The basis for the use of this analysis tool is Art. 6(1)(f) GDPR. The operator of this website has a legitimate interest in the analysis of user behaviour to optimise both the services offered online and the operator’s marketing activities. If an appropriate granting of consent was requested (e.g. consent to the storage of cookies), processing takes place exclusively on the basis of Art. 6(1)(a) GDPR; the granted consent may be withdrawn at any time.

The data transfer to the USA is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://privacy.google.com/businesses/controllerterms/mccs/.

 

IP anonymisation

We have activated the IP anonymisation function on this website. As a result, your IP address will be truncated by Google within the member states of the European Union or in other contracting states of the Agreement on the European Economic Area prior to its transfer to the USA. Only in exceptional cases will the whole IP address be first transferred to a Google server in the USA and then truncated there. Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity for the website operator and providing the website operator with other services relating to website activity and Internet usage. The IP address that your browser conveys within the scope of Google Analytics will not be associated with any other data held by Google.

 

Browser plug-in

You can prevent the collection and processing of your data by Google by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

For more information about the handling of user data by Google Analytics, please consult Google’s Privacy Policy at: https://support.google.com/analytics/answer/6004245?hl=en.

 

Commissioned data processing

We have concluded a contract for commissioned data processing with Google and have implemented the stringent provisions of the German data protection authorities to the fullest extent when using Google Analytics.

 

Demographic details at Google Analytics

This website uses the “Demographics” feature of Google Analytics to be able to display to the website visitor compatible advertisements within the Google Advertising Network. This feature allows reports to be created that contain information about the age, gender and interests of the website visitors. The sources of this data are interest-related advertising by Google as well as visitor data obtained from third-party providers. This data cannot be assigned to a specific individual. You can deactivate this function at any time by changing the advertisement settings in your Google account or you can generally prohibit the collection of your data by Google Analytics as explained in the section “Objection to the collection of data”.

 

Duration of storage

Data on the user or event level stored by Google associated with cookies, user identification (e.g. user IDs) or advertising IDs (e.g. DoubleClick cookies, Android Advertising ID) will be anonymised or deleted after 26 months. For details, please click on the following link: https://support.google.com/analytics/answer/7667196?hl=en

 

Google Conversion Tracking

This website uses Google Conversion Tracking. The provider of this service is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

With the assistance of Google Conversion Tracking, we are in a position to recognise whether the user has completed certain actions. For instance, we can analyse which buttons on our website have been clicked and how frequently and which products are viewed or purchased particularly frequently. The purpose of this information is to compile conversion statistics. We learn how many users have clicked on our ads and what actions they have completed. We do not receive any information that would allow us to personally identify the users. Google itself uses cookies or comparable recognition technologies for identification purposes.

The basis for the use of Google Conversion Tracking is Art. 6(1)(f) GDPR. The operator of this website has a legitimate interest in the analysis of user behaviour to optimise both the services offered online and the operator’s marketing activities. If an appropriate granting of consent was requested (e.g. consent to the storage of cookies), processing takes place exclusively on the basis of Art. 6(1)(a) GDPR; the granted consent may be withdrawn at any time.

For more information about Google Conversion Tracking, please see Google’s Privacy Policy at: https://policies.google.com/privacy?hl=en.

 

Meta Pixel

This website uses the visitor activity tracking tool Facebook Pixel to measure conversion rates. The provider of this service is Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. According to Facebook’s statement, the collected data will be transferred to the USA and other third-party countries too.

This tool allows the tracking of page visitors after they have been taken to the website of the provider after clicking on a Facebook ad. This makes it possible to analyse the effectiveness of Facebook ads for statistical and market research purposes and to optimise future advertising campaigns.

For us as the operators of this website, the collected data are anonymous. We are not in a position to arrive at any conclusions as to the identity of users. However, Facebook stores the data and processes them, so that it is possible to make a connection to the respective user profile and Facebook is in a position to use the data for its own promotional purposes in compliance with the Facebook Privacy Policy. This enables Facebook to display ads on Facebook pages as well as in locations outside of Facebook. We, as the operator of this website, have no control over this use of such data.

The basis for the use of Facebook Pixel is Art. 6(1)(f) GDPR. The operator of the website has a legitimate interest in effective advertising campaigns, which also include social media. If an appropriate granting of consent was requested (e.g. consent to the storage of cookies), processing takes place exclusively on the basis of Art. 6(1)(a) GDPR; the granted consent may be withdrawn at any time.

The data transfer to the USA is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://www.facebook.com/legal/EU_data_transfer_addendum and https://de-de.facebook.com/help/566994660333381.

Insofar as personal data are collected on our website with the help of the tool described here and forwarded to Facebook, we and Facebook Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland are jointly responsible for this data processing (Art. 26 GDPR). The joint responsibility is limited exclusively to the collecting of the data and its forwarding to Facebook. The processing by Facebook that takes place after the onward transfer is not part of the joint responsibility. The obligations incumbent on us jointly have been set out in a joint processing agreement. The wording of the agreement can be found at: https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible for providing the privacy information when using the Facebook tool and for the implementation of the tool on our website in compliance with data protection law. Facebook is responsible for the data security of Facebook products. You can assert data subject rights (e.g. subject access requests) regarding data processed by Facebook directly with Facebook. If you assert the data subject rights with us, we are obliged to forward them to Facebook.

In Facebook’s Privacy Policy, you will find additional information about the protection of your privacy at: https://de-de.facebook.com/about/privacy/.

You also have the option to deactivate the remarketing feature “Custom Audiences” in the ad settings section at https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen. To do this, you first have to log into Facebook.

If you do not have a Facebook account, you can deactivate any user-based advertising by Facebook on the website of the European Interactive Digital Advertising Alliance: http://www.youronlinechoices.com/de/praferenzmanagement/.

 

LinkedIn Insight Tag

This website uses the Insight Tag from LinkedIn. This service is provided by LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland.

 

Data processing by LinkedIn Insight Tag

We use LinkedIn Insight Tag to obtain information about visitors to our website. If a website visitor is registered with LinkedIn, we can analyse the key occupational data (e.g. career level, company size, country, location, industry, job title) of our website visitors to help us better target our site to the relevant audience. We can also use LinkedIn Insight Tags to measure whether visitors to our websites make a purchase or perform other actions (conversion measurement). Conversion measurement can also be carried out across devices (e.g. from PC to tablet). LinkedIn Insight Tag also features a retargeting function that allows us to display targeted advertising to visitors to our website outside of the website. According to LinkedIn, no identification of the advertising addressee takes place.

LinkedIn itself also collects log files (URL, referrer URL, IP address, device and browser characteristics and time of access). The IP addresses are truncated or (if they are used to reach LinkedIn members across devices) hashed (pseudonymised). The direct identifiers of LinkedIn members are deleted by LinkedIn after seven days. The remaining pseudonymised data will then be deleted within 180 days.

The data collected by LinkedIn cannot be assigned by us as a website operator to specific individuals. LinkedIn will store the personal data collected from website visitors on its servers in the USA and use it for its own promotional activities. For details, please see LinkedIn’s privacy policy at https://www.linkedin.com/legal/privacy-policy#choices-oblig.

 

Legal basis

The basis for the use of LinkedIn Insight is Art. 6(1)(f) GDPR. The operator of the website has a legitimate interest in effective advertising campaigns, which also include social media. If an appropriate granting of consent was requested (e.g. consent to the storage of cookies), processing takes place exclusively on the basis of Art. 6(1)(a) GDPR; the granted consent may be withdrawn at any time.

The data transfer to the USA is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://www.linkedin.com/legal/l/dpa and https://www.linkedin.com/legal/l/eu-sccs.

 

Objection to the use of LinkedIn Insight Tag

You can object to LinkedIn’s analysis of user behaviour and targeted advertising at the following link: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.

In addition, LinkedIn members can control the use of their personal data for advertising purposes in the account settings. To prevent LinkedIn from linking information collected on our site to your LinkedIn account, you must log out of your LinkedIn account before you visit our site.

 

Conclusion of a commissioned data processing agreement

We have entered into a commissioned data processing agreement with LinkedIn.

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