Privacy Policy
Last Revised: date June 2024
Data controller is:
Bergzeit GmbH
Georg-Kaindl-Str. 1
83624 Otterfing
Germany
Phone: +49 8021 50620111
Email: office@bergzeit.de
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 occasionally 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.
We aim to collect, store, and share only essential personal and transactional information. We transmit information to third-party service providers to fulfill your requests or orders. These entities have their 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.
IntroductionSome jurisdictions provide consumers or users with special rights, which we respect. This document discloses information about certain state rights, 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 stricter rules protecting your privacy and data.
California DisclosureThe California Consumer Privacy Act of 2018 (CCPA) gives California consumers more control over the personal information that businesses collect about them and guides how to implement the law. This law secures new privacy rights for California consumers, including
The right to know about the personal information a business collects about them and how it is used and shared;
The right to delete personal information collected from them (with some exceptions);
The right to opt out of the sale of their personal information and
The right to non-discrimination for exercising their CCPA rights.
The right to complain to the California supervisory authority if you believe your rights are infringed.
These rights overlap with those under the generally stricter rules we practice, as stated below. In addition, Californian consumers may ignore the provisions of this privacy policy, which they believe may conflict with the CCPA. They may also take advantage of those CCPA provisions not listed below.
Delaware Online PrivacyDelaware 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, identify third parties to the information, and include an effective date. In particular, it also protects your rights concerning 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 enforcing and protecting your rights.
Nevada Online PrivacyWe apply our Privacy Policy to comply with the terms of the Nevada online privacy statute, and if the statute applies to you, we will abide by its provisions for the enforcement and protection of your rights.
Virginia Consumer PrivacyUnder Virginia law, consumers enjoy special rights to transparency, correction, deletion, requests for data, appeal, and opting out of the processing and sale of personal data, in addition to the terms of our general privacy policy. If the statute applies to you, we will abide by its provisions for enforcing and protecting your rights.
General Privacy PolicyWhether or not you enjoy special rights under the laws of your jurisdiction, our Privacy Policy assures you 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 outlined in this Privacy Policy 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 occur 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 get in touch with us at office@bergzeit.de
1. Access data and hosting
You may visit our website without revealing any personal information. With every visit to the website, the web server automatically stores 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 analyzed exclusively to ensure the website's smooth operation and improve 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 balancing interests. All-access data are deleted no later than seven days after the end of your visit to our website.
1.1 Hosting
In processing data on our behalf, a third-party provider provides us with the services for hosting and displaying the website. All data collected 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. Data processing to process the contract, establish contact
2.1 Data processing to perform the contract
To perform the contract (including inquiries regarding the processing of any existing warranty and performance fault claims as well as any statutory updating obligations) under 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 need the data to process the contract, and we cannot send the order without their specification. The data collected can be seen from the respective input forms.
Further information on processing your data, particularly on forwarding the data to our service providers for 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 the expiry of the retention periods under tax and commercial law by Art. 6 (1) (c) GDPR unless you have expressly consented to further use of your data following 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 consented to this under Art. 6 (1) (a) GDPR, by deciding to open a customer account, we will use and store your data to open the customer account and for 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 the deletion of your customer account, your data will be deleted unless you have expressly consented to further use of your data following 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 to process your inquiries following 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; in these cases, we need the data to process your inquiry. The data collected can be seen from the respective input forms. After your inquiry has been fully processed, your data will be deleted unless you have expressly consented to further use of your data following 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 to deliver the ordered goods according to Art. 6 (1) (b) GDPR.
Furthermore, we use the services of parcelLab to take over the dispatch notifications for our customers and inform them about the dispatch status and the tracking number of their orders. 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 anytime by sending a message to the contact option described below or directly to the shipping service provider at the address listed below. After revocation, we will delete the data you 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 permitted by law and about which we inform you in this declaration.
Returns Portal
Within our online offer, a returns portal is operated based on our obligations to fulfill the contract Art. 6 I lit. c GDPR. In the course of a return, we collect the following data from you:
- Name
- Order data
We use the collected data to execute your return request. We store this data within the framework of the legal obligation to provide evidence-based on Art. 6 I lit. c GDPR. Your data will be deleted after the expiry of the duty of proof.
4. Data processing for payment
As part of the payment process in our online shop, we collaborate with these partners: technical service providers, credit institutions, and payment service providers.
4.1 Data processing for 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 based on processing on our behalf or to the authorized credit institutions or the selected payment service provider insofar as this is necessary for the payment process. This serves the fulfillment of the contract according to Art. 6 (1) (b) GDPR. In certain cases, payment service providers collect the data required to process the payment, e.g., on their own website or via technical solutions 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 fraud prevention and optimization of our payment processes
We may forward other data to our service providers, which they use to prevent fraud and optimize our payment processes (e.g., invoicing, processing of contested payments, accounting support), together with the data necessary to process the payment as our processors.
This safeguards our legitimate interests in fraud prevention or efficient payment management following Art. 6 (1) (f) GDPR that are overriding in balancing interests.
5. Marketing via E-mail, Mail
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 separately for this purpose.
You can unsubscribe from the newsletter at any time. This can 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 want to point out that we evaluate your user behavior when sending the newsletter. For this purpose, we also analyze your interaction with our newsletter by measuring, storing, and evaluating opening rates and click-through rates to design future newsletter campaigns ("newsletter tracking").
For this evaluation, the emails sent contain single-pixel technologies (e.g., web beacons, tracking pixels) stored on our website. For the evaluations, we link the following "newsletter data" in particular
- the page from which the page was requested (so-called referrer URL),
- the date and time of the request,
- the description of the type of web browser used,
- the IP address of the requesting computer,
- the e-mail address,
- the date and time of registration and confirmation
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, you can 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 following 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 was initially sent via Emarsys, a technical service provider. At the same time, the technologies used in this respect enable us to personalize the advertising approach to our customers via e-mail and post so that we can inform you individually 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) to create corresponding user profiles. Individual product recommendations are generated on this basis, and we can send you personalized content and discount promotions.
The evaluation is carried out using cookies and tracking pixels stored on our website. This allows us to determine whether certain newsletter messages have been opened and which links, if any, have been clicked on. Conversion tracking also allows us to determine whether a predefined action (e.g., purchasing 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 and is not linked to any further personal data. It will only be stored for as long as necessary for 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 postal address for our advertising purposes, e.g., to send 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.
Our service provider, who processes data on our behalf and to whom we disclose your data for this purpose, sends you the advertisements.
5.4 Comment function
To allow you to contact us and other users and write your opinion about our articles, we operate a commentary tool in our magazine area. This tool lets you comment on our articles and initiate or lead a discussion with other users. In the tool, we enter the following data from you:
- Name
- Your text
We store this data within the framework of the legal obligation to provide evidence based on Art. 6 I lt. c GDPR. After the expiry of the duty of proof, your data will be anonymized. Before we store your data in our comment tool, we will ask you for your consent for the stated purpose of Social Media
6. Cookies and further technologies
6.1 General information
To make visiting our website attractive and enable the use of certain functions, to display suitable products, or for market research, we use technologies on various pages, including 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, enabling us to recognize your browser during your next visit (persistent cookies).
We use technologies that are strictly necessary for certain website functions (e.g., shopping carts). These technologies collect and process IP addresses, time of visit, device and browser information, and information on your use of our website (e.g., information on the shopping basket's contents). This safeguards our legitimate interests in an optimized presentation of our offer following Art. 6 (1) (f) GDPR, which is overriding in balancing interests.
In addition, we use technologies to fulfill the legal obligations to which we are subject (e.g., to be able to prove consent to the processing of your 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 display ads to your interests.
Functional cookies: These cookies provide certain website features, e.g., improve the website’s navigation or deliver customized and relevant information (e.g., ads that match your interests).
Essential cookies: These cookies are necessary for using 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 use the technologies under 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.
6.2 Consent Management
On our website, we use a self-developed consent management platform to inform you about the cookies and other technologies we use on our website, as well as to obtain, manage, and document your legally required consent to process your data by these technologies. This is necessary under Art. 6 (1) p. 1 lit. c DSGVO to comply with our legal obligation under Art. 7 (1) DSGVO to prove your consent to processing your 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 anonymized IP address, date and time of your visit, device, browser information, and information about your surfing behavior. The data collected as part of the Consent Management solution is deleted after the legal obligation to provide proof has expired.
7. Use of cookies and other technologies for web analytics and advertising purposes
If you have given your consent by Art. 6 (1) (a) GDPR, we use 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 using the respective technology. You can withdraw your consent at any time with effect in 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 in 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.
7.1 Use of Adobe services for web analysis and advertising purposes
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, the European Commission has not made an adequate decision. 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.
Adobe Fonts
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 do not influence this subsequent data processing. The data processing is carried out based on an agreement between jointly responsible parties following Art. 26 GDPR.
7.2 Use of Google services for web analysis and advertising purposes
We use the following technologies: 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. The European Commission has not made an adequate decision for the USA. 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 anonymization 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 by Art. 26 GDPR. Further information about Google's data processing can be found in Google's privacy policy.
Google Analytics
For website 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.
We use the so-called user ID function to optimize our website's marketing. This function assigns a unique, permanent ID to your interaction data for one or more sessions on our websites and thus analyzes 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 website's use.
Google Optimize
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 a registered office at Gordon House, Barrow Street, Dublin 4, Ireland (www.google.de). This takes place based on your consent according 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 website use, 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 European Union member states 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:
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 under 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 recognized 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 following Art. 44 - 49 GDPR.
You may refuse the transfer of data generated by the cookie and relate 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
Google Ads
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), using a pseudonymous cookie ID and based on the pages you visit. Any further data processing only occurs if you have activated your Google account's "personalized advertising" setting. In this case, if you are logged into Google while visiting our website, Google will use your and 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.
Google reCAPTCHA
For 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.
Google Tag Manager
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 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
Google+1 and Google My Business
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 you gave for a +1 and Google My Business content and 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, your Google profile, or other locations on websites and ads.
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. 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. Sometimes, this name may also replace another name 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: Besides the uses described above, the information you provide will be used following the applicable Google Privacy Policy (https://policies.google.com/privacy). Google may publish aggregate statistics about users' +1 and Google My Business activity and share these statistics with users and partners, such as publishers, advertisers, or affiliated websites.
YouTube Video Plugin
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.