Privacy Policy Last Revised: date July 2022 Data controller is: Bergzeit GmbH Bergzeit GmbH provides this Privacy Policy to inform users of our policies and procedures regarding the collection, use, and disclosure of personally identifiable information received from users of (a) this website, located at www.bergzeit.us, and any other website owned and operated by Bergzeit GmbH (the “Site”), (b) any related BERGZEIT mobile applications (an “App”), and (c) collected through the products and services available at the Sites, (together with the Sites, the “Service”). In this Privacy Policy, “you” or “your” means the person using the Service and any person or entity on whose behalf he/she is acting, and “we,” “us,” “our,” “BERGZEIT,” or the “Company” means Bergzeit GmbH and its affiliates. This Privacy Policy may be updated from time to time for any reason; each version will apply to information collected while it was in place. We will notify you of any material changes to our Privacy Policy by posting the new Privacy Policy on our Service. You are advised to consult this Privacy Policy regularly for any changes. Our objective is to collect, store and share only essential personal and transactional information. We transmit information to third-party service providers for the fulfillment of your requests or orders. These entities have their own privacy policies which you should review. Our Privacy Policy explains how we achieve the objective of fulfilling orders with Third Parties by limiting the collection, storage and sharing of personal data and how you can terminate our ability to work with your data. Some jurisdictions provide consumers or users with special rights which we respect. In this document, we disclose information about certain state rights and our general privacy policy and your rights. Depending on the particular issue and situation, your data may be protected by California, Delaware, Nevada, Virginia or other privacy laws, the stricter European data protection law, federal financial laws like the Gramm Leach Bliley statute and others. In the interest of transparency, we state the options you have as well. In the event of conflicts between laws, we strive to implement the stricter rules that protect your privacy and your data. The <a href="https://oag.ca.gov/privacy/ccpa" target="_blank">California Consumer Privacy Act of 2018</a> (CCPA) gives California consumers more control over the personal information that businesses collect about them and the <a href="https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=IEB210D8CA2114665A08AF8443F0245AD&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default)" target="_blank">CCPA regulations</a> provide guidance on how to implement the law. This law secures new privacy rights for California consumers, including: <ul> <li>The right to know about the personal information a business collects about them and how it is used and shared;</li> <li>The right to delete personal information collected from them (with some exceptions);</li> <li>The right to opt-out of the sale of their personal information; and</li> <li>The right to non-discrimination for exercising their CCPA rights. </li> <i>The right to complain to the California supervisory authority if you believe that your rights are infringed.</i> These rights overlap with those under the generally stricter rules that we practice and are stated below. In addition, California consumers may ignore provisions of this privacy policy they believe may conflict with the CCPA. They may also take advantage of those CCPA provisions that are not listed below. Delaware law requires that we identify the information collected, offer users an opportunity to review and change data, describe the notification process for changes in the Privacy Policy, identifies third parties to the information, and include an effective date. In particular, it also protects your rights with respect any Do Not Track request that you may have. These protections are reflected in our general policy that follows, and to the extent that it conflicts with stronger rights that apply to a user under Delaware law, we will abide by its provisions for the enforcement and protection of your rights. We apply our Privacy Policy to comply with the terms of the Nevada online privacy statute and, in the event that the statute applies to you, we will abide by its provisions for the enforcement and protection of your rights. Under Virginia law, consumers enjoy special rights to transparency, correction, deletion, requests for data, appeal, opting out of the processing and sale of personal data in addition to the terms of our general Privacy Policy. In the event that the statute applies to you, we will abide by its provisions for the enforcement and protection of your rights. Whether or not you enjoy special rights under the the laws of your jurisdiction, our Privacy Policy assures you for the protection of your privacy and data at a minimum of the following: By using the Service you agree to our processing of your information as set forth in this Privacy Policy now and as amended by us. “Processing” means using cookies on a computer or using information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the United States , your personally identifiable information will be transferred to the United States, and processed and stored there under privacy standards governing jurisdictions within the United States. By using the Service and providing information to us, you consent to such transfer to, and processing in, the United States. If you have any questions or comments about this Privacy Policy or our use of your personally identifiable information, please contact us at office@bergzeit.de You may visit our website without revealing any personal information. With every visit on the website, the web server stores automatically only a so-called server log file which contains e.g. the name of the requested file, your IP address, the date and time of the request, the volume of data transferred and the requesting provider (access data), and documents the request. These access data are analysed exclusively for the purpose of ensuring the smooth operation of the website and improving our offer. This serves according to Art. 6 (1) 1 lit. f GDPR the protection of our legitimate interests in the proper presentation of our offer that are overriding in the process of balancing of interests. All access data are deleted no later than seven days after the end of your visit on our website. 1.1 Hosting In the context of processing data on our behalf, a third-party provider provides us with the services for hosting and displaying the website. All data collected in the course of using this website or in forms provided for this purpose in the online shop as described below are processed on its servers. Processing on other servers only takes place within the framework described here. This service provider is located within a country of the European Union or the European Economic Area. 2.1 Data processing for the purposes of performing the contract For the purpose of performing the contract (including enquiries regarding the processing of any existing warranty and performance fault claims as well as any statutory updating obligations) in accordance with Art. 6 (1) (b) GDPR, we collect personal data if you provide it to us voluntarily as part of your order. Mandatory fields are marked as such, as in these cases we necessarily need the data to process the contract and we cannot send the order without their specification. Which data is collected can be seen from the respective input forms. Further information on the processing of your data, in particular on the forwarding of the data to our service providers for the purpose of order, payment and shipping, can be found in the following sections of this privacy policy. After complete processing of the contract, your data will be restricted for further processing and deleted after expiry of the retention periods under tax and commercial law in accordance with Art. 6 (1) (c) GDPR, unless you have expressly consented to further use of your data in accordance with Art. 6 (1) (a) GDPR or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this privacy policy. 2.2 Customer account Insofar as you have given your consent to this in accordance with Art. 6 (1) (a) GDPR by deciding to open a customer account, we will use and store your data for the purpose of opening the customer account as well as for further future orders on our website. Deletion of your customer account is possible at any time and can be done either by sending a message to the contact option described in this privacy policy or via a function provided for this purpose in the customer account. After deletion of your customer account, your data will be deleted unless you have expressly consented to further use of your data in accordance with Art. 6 (1) (a) GDPR or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this privacy policy. 2.3 Establishing contact As part of our customer communication, we collect personal data in order to process your enquiries in accordance with Art. 6 (1) (b) GDPR if you voluntarily provide us with this data when contacting us (e.g. via contact form or e-mail). Mandatory fields are marked as such, as in these cases we necessarily need the data to process your enquiry. Which data is collected can be seen from the respective input forms. After your enquiry has been fully processed, your data will be deleted unless you have expressly consented to further use of your data in accordance with Art. 6 (1) (a) GDPR or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this privacy policy. We forward your data to the shipping company within the scope required for the delivery of the ordered goods according to Art. 6 (1) (b) GDPR. Furthermore, we use the services of parcelLab in order to take over the dispatch notifications towards our customers and to inform them about the dispatch status and the tracking number of their order. For this purpose, the personal data necessary for tracking the shipment (name, street, postal code, city, country, telephone number and e-mail, order number, product number, shipment number and selected service provider) will be forwarded to parcelLab. Data forwarded to parcelLab will be deleted automatically after 90 days. More information can be found in parcelLab's privacy policy notice: https://parcellab.com/en/privacy-policy/ Consent can be revoked at any time by sending a message to the contact option described below or directly to the shipping service provider at the contact address listed below. After revocation, we will delete the data you have provided for this purpose, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this which is permitted by law and about which we inform you in this declaration. Returns Portal Within our online offer, a returns portal is operated on the basis of our obligations to fulfil the contract Art. 6 I lit. c GDPR. In the course of a return we collect the following data from you: We use the collected data to execute your return request. We store this data within the framework of the legal obligation to provide evidence on the basis of Art. 6 I lit. c GDPR. Your data will be deleted after the expiry of the duty of proof. As part of the payment process in our online shop, we work together with these partners: technical service provider, credit institution, payment service provider. 4.1 Data processing for the purposes of transaction processing Depending on the selected payment method, we forward the data necessary for processing the payment transaction to our technical service providers, who act for us on the basis of processing on our behalf or to the authorised credit institutions or to the selected payment service provider insofar as this is necessary for the payment process. This serves the fulfilment of the contract according to Art. 6 (1) (b) GDPR. In certain cases, payment service providers collect the data required for processing the payment themselves, e.g. on their own website or via technical solution within the ordering process. In this respect, the privacy policy of the respective payment service provider applies. If you have any questions about our payment processing partners and the basis of our cooperation with them, please use the contact option described in this privacy policy. 4.2 Data processing for the purposes of fraud prevention and optimisation of our payment processes We may forward other data to our service providers, which they use for the purpose of fraud prevention and to optimise our payment processes (e.g. invoicing, processing of contested payments, accounting support) together with the data necessary to process the payment as our processors. 5.1 E-mail newsletter with subscription and newsletter tracking If you subscribe to our newsletter, we will regularly send you our email newsletter based on your consent according to Art. 6 (1) (a) GDPR, using the data required or disclosed by you separately for this purpose. You can unsubscribe from the newsletter at any time. This can either be done by sending a message to the contact option described in this privacy policy or via a link provided for this purpose in the newsletter. After unsubscribing, we will delete your e-mail address from the list of recipients, unless you have expressly consented to the further use of your data or we have reserved the right to use your data for other purposes that are permitted by law and about which we inform you in this privacy policy. We would like to point out that we evaluate your user behaviour when sending the newsletter. For this purpose, we also analyse your interaction with our newsletter by measuring, storing and evaluating opening rates and click-through rates for the purpose of designing future newsletter campaigns ("newsletter tracking"). For this evaluation, the emails sent contain single-pixel technologies (e.g. so-called web beacons, tracking pixels) that are stored on our website. For the evaluations, we link the following "newsletter data" in particular and the single-pixel technologies with your e-mail address or your IP address and, if applicable, an individual ID. Links contained in the newsletter may also contain this ID. If you do not wish to receive newsletter tracking, it is possible to unsubscribe from the newsletter at any time - as described above. The information will be stored as long as you have subscribed to the newsletter. 5.2 Newsletter mailing The newsletter is sent to you by our service provider who processes data on our behalf and to whom we disclose your email address. If you have any questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy policy. Emarsys Insofar as you have given us your consent in accordance with Art. 6 Para. 1 S. 1 lit. a. German Data Protection Act (DSGVO), technologies of Emarsys eMarketing Systems AG, Hans-Fischer-Straße 10, 80339 Munich ("Emarsys") are used within the framework of our services. Our newsletter is initially sent via Emarsys as a technical service provider. At the same time, the technologies used in this respect enable us to personalise the advertising approach to our customers via e-mail and post, so that we can inform you individually and about the most suitable product offers. For this purpose, a statistical evaluation is carried out by combining the data you provided when registering for the newsletter (usually in particular e-mail address, name) in the form of a customer ID and the data from your order history (usually order date, country and postcode, shopping basket contents, customer number, products seen and ordered) in order to create corresponding user profiles. On this basis, individual product recommendations are generated and we have the possibility to send you personalised content and discount promotions. The evaluation is carried out with the help of cookies and tracking pixels that are stored on our website. In this way, it can be determined whether certain newsletter messages have been opened and which links, if any, have been clicked on. Conversion tracking also makes it possible to determine whether a predefined action (e.g. purchase of a product on our website) has taken place after clicking on the link in the newsletter. The aforementioned data is collected exclusively in pseudonymous form; it is not linked to any further personal data. The data will only be stored for as long as is necessary for the purpose of processing or until you withdraw your consent. Emarsys is acting on our behalf. 5.3 Postal advertising and your right to opt out Furthermore, we reserve the right to use your first and last name and your postal address for our advertising purposes, e.g. for sending interesting offers and information about our products by post. This serves to safeguard our legitimate interests in promoting and advertising our products to customers according to Art. 6 (1) (f) GDPR that are overriding in the process of balancing of interests. You can opt out of the storage and use of your data for these purposes at any time by sending a message to the contact option specified below. The advertisements are sent to you by our service provider who processes data on our behalf and to whom we disclose your data for this purpose. 5.4 Comment function In order to give you the opportunity to get in contact with us and other users and to write your own opinion about our articles, we operate a commentary tool in our magazine area. This tool enables you to comment on our articles and to initiate or lead a discussion with other users. In the tool we enter the following data from you: We store this data within the framework of the legal obligation to provide evidence on the basis of Art. 6 I lt. c GDPR. After expiry of the duty of proof, your personal data will be anonymized. Before we store your data in our comment tool, we will ask you for your consent for the stated purpose Social Media In order to make visiting our website attractive and to enable the use of certain functions, to display suitable products or for market research, we use technologies on various pages, including so-called cookies. Cookies are small text files that are automatically stored on your end device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your end device and enable us to recognise your browser during your next visit (persistent cookies). In addition, we use technologies to fulfil the legal obligations, which we are subject to (e.g. to be able to prove consent to the processing of your personal data) as well as for web analysis and online marketing. Further information on this, including the respective legal basis for data processing, can be found in the following sections of this privacy policy. Marketing Cookies: These cookies record information about your visit to the website, previously viewed pages and links you clicked. We use this information to tailor our website and displayed ads to your interests. Functional cookies: These cookies are used for certain features of our website, e.g. to improve the website’s navigation, or deliver to you customised and relevant information (e.g. ads that match your interests). Essential cookies: These cookies are necessary to enable you to use our website. This includes e.g. cookies that enable you to log into the customer area or add items to your shopping cart. You can find the cookies settings for your browser by clicking on the following links: Microsoft Edge™ / Safari™ / Chrome™ / Firefox™ / Opera™ If you have consented to the use of the technologies in accordance with Art. 6 (1) (a) GDPR, you can withdraw your consent at any time by sending a message to the contact option described in the privacy policy. Alternatively, you can also click on the following link: https://bergzeit-co-uk-ishop.novomind.com/. If cookies are not accepted, the functionality of our website may be limited. On our website, we use a self-developed consent management platform to inform you about the cookies and other technologies that we use on our website, as well as to obtain, manage and document your legally required consent to the processing of your personal data by these technologies. This is necessary pursuant to Art. 6 (1) p. 1 lit. c DSGVO to comply with our legal obligation under Art. 7 (1) DSGVO to be able to prove your consent to the processing of your personal data to which we are subject. When you visit our website, a web server stores a so-called server log file, which also contains your anonymised IP address, date and time of your visit, device and browser information, as well as information about your surfing behaviour. The data collected as part of the Consent Management solution is deleted after the legal obligation to provide proof has expired. If you have given your consent in accordance with Art. 6 (1) (a) GDPR, we use the following cookies and other third-party technologies on our website. The data collected in this context will be deleted after the relevant purpose has been fulfilled and we have ended the use of the respective technology. You can withdraw your consent at any time with effect for the future. Further information on your withdrawal options can be found in the section "cookies and further technologies". Further information, including the basis of our cooperation with the service providers can be found within the respective technologies. If you have any questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy policy. We use the technologies described below from Adobe Systems, Software Ireland Limited, Ireland, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland ("Adobe"). The information automatically collected by Adobe technologies about your use of our website is generally transmitted to and stored on a server operated by Adobe, Inc, 345 Park Avenue San Jose, CA 95110-2704, USA. For the USA, there is no adequacy decision of the European Commission. Our cooperation is based on standard data protection clauses of the European Commission. If your IP address is collected via Adobe technologies, it is shortened or completely replaced by a generic IP address before being stored on Adobe servers by activating appropriate settings. In order to provide a uniform presentation of the content on our website, the script code "Adobe Fonts" collects data (IP address, time of visit, device and browser information), transmits it to Adobe and then processes it by Adobe. We have no influence on this subsequent data processing. The data processing is carried out on the basis of an agreement between jointly responsible parties in accordance with Art. 26 GDPR. We use the following technologies of Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). The information automatically collected by Google technologies about your use of our website is usually transferred to a server of Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA and stored there. There is no adequacy decision with respect to the USA by the European Commission. Our cooperation is based on standard data protection clauses adopted by the European Commission. If your IP address is collected using Google technologies, it will be shortened by activating IP anonymisation before being stored on Google's servers. Only in exceptional cases will the full IP address be transferred to a Google server and shortened there. Unless otherwise specified for the specific technologies, data processing is based on an agreement concluded for the respective technology between jointly responsible parties in accordance with Art. 26 GDPR. Further information about data processing by Google can be found in Google's privacy policy. For the purpose ofwebsite analytics, Google Analytics automatically collects and stores data (IP address, time of visit, device and browser information as well as information on your use of our website), from which usage profiles are created using pseudonyms. Cookies can be used for this purpose. Your IP address will not be merged with other data from Google. The data processing is based on a data processing agreement with Google. In order to optimize the marketing of our website, we have activated the data sharing settings for "Google products and services". This allows Google to access the data collected and processed by Google Analytics and then use it to improve Google services. The data sharing to Google within the scope of these data sharing settings is based on an additional agreement between the data controllers. We have no influence on the subsequent data processing by Google. For the purposes of optimized marketing of our website, we use the so-called user ID function. With the help of this function, we can assign a unique, permanent ID to your interaction data for one or more sessions on our websites and thus analyze your user behavior across devices and sessions. For web analytics and advertising purposes, the extension function of Google Analytics enables the so-called DoubleClick cookie to recognize your browser when visiting other websites. Google will use this information to compile reports about your website activities and to provide other services related to the use of the website. This website uses Google Optimize for website analysis and optimization. The Google Optimize service is provided by Google Ireland Limited, a company incorporated and operated under the laws of Ireland, with registered office at Gordon House, Barrow Street, Dublin 4, Ireland (www.google.de). This takes place on the basis of your consent pursuant to Art. 6 para. 1 sentence 1 lit. a GDPR. Google Optimize is a sub-service of Google Analytics (see also the Google Analytics section). Google Optimize uses methods that enable an analysis of your use of the website, such as cookies. The automatically collected information about your use of this website is usually transferred to a Google server in the USA and stored there. By activating IP anonymization on this website, the IP address is shortened before transmission within the member states of the European Union or in other states that are party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. The anonymized IP address transmitted by your browser in the context of Google Optimize is not combined with other data from Google. The data collected in this context will be deleted after the end of the purpose and use of Google Optimize by us. Insofar as information is transferred to Google's servers in the USA and stored there, the following rules apply: You may refuse the transfer of data generated by the cookie and relating to your use of the website (including your IP address) to Google and prevent the processing of such data by Google by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de As an alternative to the browser plugin, you can click this link to prevent Google Optimize from detecting this on this website in the future. In doing so, an opt-out cookie will be placed on your end device. If you delete your cookies, you have to click the link again. You can find the privacy policy of Google under: https://www.google.com/policies/privacy For advertising purposes in the Google search results as well as on the websites of third parties, the so-called Google Remarketing Cookie is used when you visit our website, which automatically enables interest-based advertising through the collection and processing of data (IP address, time of visit, device and browser information as well as information on your use of our website), by means of a pseudonymous cookie ID and on the basis of the pages you visit. Any further data processing only takes place if you have activated the setting "personalised advertising" in your Google account. In this case, if you are logged into Google while visiting our website, Google will use your data together with Google Analytics data to create and define target group lists for cross-device remarketing. For website analysis and event tracking, we use Google Ads Conversion Tracking to measure your subsequent usage behavior when you arrive on our website via a Google Ads ad. For this purpose, cookies may be used and data (IP address, time of visit, device and browser information as well as information on your use of our website based on events specified by us, such as a visit to a website or newsletter registration) may be collected, from which usage profiles are created using pseudonyms. For the purpose of protection against misuse of our web forms as well as against spam by automated software (so-called bots), Google reCAPTCHA collects data (IP address, time of visit, browser information as well as information on your use of our website) and performs an analysis of your use of our website by means of a so-called JavaScript and cookies. In addition, other cookies stored in your browser by Google services are evaluated. Personal data is not read out or stored from the input fields of the respective form. Our website uses the Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google") service provider, Google Tag Manager. This service provider is a cookie-less domain that does not collect personal information. The tool is only implemented to trigger other tags, which in turn collect data and are mentioned here. Tags are defined as the typification of data elements. For more information about the Google Tag Manager you can follow this link: https://www.google.com/intl/de/tagmanager/faq.html and https://www.google.com/intl/de/policies/privacy Our pages use features of Google+1 and Google My Business. Provider is Google Inc, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. Collection and sharing of information: You can use the Google+1 and Google My Business button to publish information worldwide. The Google+1 and Google My Business buttons allow you and others to receive personalized content from Google and our partners. Google stores both the information that you gave for a +1 and Google My Business content and information about the page you viewed when you clicked on +1 and Google My Business. Your +1 and Google My Business may appear as clues along with your profile name and photo in Google services, such as search results or your Google profile, or in other locations on websites and ads on the web. Google records information about your +1 and Google My Business activities to improve the Google +1 and Google My Business services for you and others. In order to use the Google + and Google My Business button, you must have a globally visible, public Google profile that includes at least the name you choose for your profile. This name is used in all Google services. In some cases, this name may also replace another name that you used when sharing content through your Google Account. The identity of your Google Profile may be displayed to users who know your email address or have other identifying information about you. Use of information collected: In addition to the uses described above, the information you provide will be used in accordance with the applicable Google Privacy Policy (https://policies.google.com/privacy). Google may publish aggregate statistics about users' +1 and Google My Business activity, and may share these statistics with users and partners, such as publishers, advertisers, or affiliated websites. In order to integrate third party content, data (IP address, time of visit, device and browser information) are collected via the YouTube Video Plugin in the expanded data protection mode used by us, transmitted to Google and then processed by Google only when you play a video.
Georg-Kaindl-Str. 1
83624 Otterfing
Germany
+49 8024 467940
office@bergzeit.de
1. Access data and hosting
This serves to safeguard our legitimate interests in fraud prevention or an efficient payment management in accordance with Art. 6 (1) (f) GDPR that are overriding in the process of balancing of interests.
5. Marketing via E-mail, Mail
6. Cookies and further technologies
6.1 General information
We use such technologies that are strictly necessary for the use of certain functions of our website (e.g. shopping cart function). These technologies are used to collect and process IP addresses, time of visit, device and browser information as well as information on your use of our website (e.g. information on the contents of the shopping basket). This serves to safeguard our legitimate interests in an optimised presentation of our offer in accordance with Art. 6 (1) (f) GDPR that are overriding in the process of balancing of interests.6.2 Consent Management
7. Use of cookies and other technologies for web analytics and advertising purposes
7.1 Use of Adobe services for webanalysis and advertising purposes
Adobe Fonts
7.2 Use of Google services for web analysis and advertising purposes
Google Analytics
Google Optimize
If we process data in a third country, i.e. outside the European Union (EU) or the European Economic Area (EEA), or if processing takes place in the context of using the services of third parties or of disclosing or transferring data to other persons, bodies or companies, this is only done in accordance with the legal requirements.
Subject to express consent or a contractually or legally required transfer, we will only process or have processed the data in third countries with a recognised level of data protection, a contractual obligation through so-called EU standard protection clauses, in the case of certifications or binding internal data protection regulations in accordance with Art. 44 - 49 GDPR. Google Ads
Google reCAPTCHA
Google Tag Manager
Google+1 and Google My Business
YouTube Video Plugin