Benjamin Neu GmbH (“Benjamin Neu“) attaches great importance to the protection of your personal data. This Data Protection Statement describes how Benjamin Neu (“we“, “us” and “our“) uses and protects personal data collected at www.benjaminneu.de and at other websites and SaaS solutions which we offer (“Benjamin Neu Services“).
Personal data are all data which might refer to you personally, including for example your form of address, name, address, e-mail address, IP address, etc. We only collect and process your personal data in compliance with the provisions of the EU General Data Protection Regulation (“GDPR“) and other provisions of European and applicable national data protection law.
Personal data is only collected and used with your consent or if the processing of such data is permitted by law. The following provisions provide information about the type, scope and purpose of the collection and processing of your personal data.
In the event that we make use of the services of a processor for the purpose of providing specific functions of our services or if we use your data for advertising or analysis purposes, we will also inform you in detail in the following about the action taken. We also provide information about the stipulated criteria for and the period of storage. We also inform you about your rights with regard to every kind of data processing.
This Data Privacy Policy refers exclusively to our Benjamin Neu website. If links on our Benjamin Neu website take you to third-party websites, please find out how your data are used at such websites.
2.1. Name and address of person responsible for data processing
Benjamin Neu is the responsible legal person for data protection within the meaning of the GDPR and under all other applicable EU data protection law (“controller“). If you have any questions, suggestions or criticisms relating to data protection regarding our website, please contact:
Benjamin Neu GmbH
Pfründestraße 6
84169 Altfraunhofen
E-Mail: info@benjaminneu.de
2.2. Name and address of the data protection officer
Anyone affected (“data subject”) can contact our data protection officer directly with questions and suggestions at any time. Our data protection officer can be contacted as follows:
Benjamin Neu GmbH
Datenschutzbeauftragter
Pfründestraße 6
84169 Altfraunhofen
E-Mail: dataprotection@benjaminneu.de
3.1. Legal bases of the processing of personal data
In the event that we asked for your consent for processing of your personal data Article 6 (1) sentence 1 a) GDPR is the legal basis for processing your personal data. You are entitled to withdraw any consent you have given at any time with effect for the future.
Under Article 6 (1) sentence 1 b) GDPR, the processing of your personal data is legitimate if such processing is necessary for the performance of a contract with you or your company. This also applies to all processing operations which are relevant prior to entering into a contract.
Under Article 6 (1) sentence 1 c) GDPR, the processing of your personal data is legitimate if such processing is necessary for compliance with one of our legal obligations.
Under Article 6 (1) sentence 1 f) GDPR, the processing of your personal data is legitimate if such processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms.
3.2. Period of storage and erasure of data
Any personal data which we collect, process and store will be kept by us for as long as there is a specific purpose for such storage. Your data will be erased or their processing restricted as soon as the specific purpose for which they were stored no longer applies.
It is possible, however, that European regulations, applicable national laws or other rules may require us to store data which we have processed for a longer period of time. We will erase or restrict the processing of your data when these periods of storage have expired.
For the purposes of the GDPR you are the data subject of any of your personal data which we process. As a data subject you have the following rights with regard to Benjamin Neu:
4.1. Right of access by the data subject
You have the legal right to request information about whether we are processing your personal data (cf. Art. 15 GDPR). If this is the case, you have the right to be informed about the extent to which your personal data are being processed.
4.2. Right to rectification
You have the right to obtain from Benjamin Neu the rectification of inaccurate personal data concerning you and/or to have incomplete personal data completed (cf. Art. 16 GDPR).
4.3. Right to restriction of processing
In certain circumstances you have the right to restrict the processing of your personal data (cf. Art. 18 GDPR).
4.4. Right to erasure
In certain circumstances you have the right to obtain from Benjamin Neu the erasure of personal data concerning you without undue delay. The right to erasure does not apply if processing is necessary (cf. Art. 18 GDPR).
4.5. Notification obligation
If you have asserted your right to rectification, erasure or restriction to Benjamin Neu, Benjamin Neu must communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort (cf. Art. 19 GDPR).
4.6. Right to data portability
You have the right to receive, in a structured, commonly used and machine-readable form, any personal data concerning you which you have provided to Benjamin Neu. You also have the right in certain circumstances to transmit those data to another company without hindrance from Benjamin Neu to which the personal data have been provided initially (cf. Art. 20 GDPR).
4.7. Right to object
You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you based on Article 6 (1) sentence 1 f) GDPR. Benjamin Neu may then no longer process the personal data relating to you unless Benjamin Neu demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
If the personal data relating to you are processed for the purposes of engaging in direct advertising, you have the right to object at any time to the processing of your personal data for such advertising purposes. You can inform us of such objection by contacting us as follows:
Benjamin Neu GmbH
Datenschutzbeauftragter
Pfründestraße 6
84169 Altfraunhofen
E-Mail: dataprotection@benjaminneu.de
4.8. Right to withdraw the consent
You have the right to withdraw your consent at any time (cf. Art. 7 GDPR). The withdrawal of consent does not affect the legitimateness of processing based on consent before its withdrawal.
4.9. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR (cf. Art. 77 GDPR).
Our system automatically collects data and information from your computer system every time you visit our Benjamin Neu website. The following data are then collected:
The data which we collect on you are stored in our system’s log files. As a rule, these data are not stored with other personal data. One exception to this rule is the information collected by us about your browser settings.
The temporary storage of data and log files is legitimate under Article 6 (1) sentence 1 f) GDPR. We have a legitimate interest in collecting and temporarily storing the data referred to because temporarily storing the IP address by the system is necessary in order to deliver the website to your computer.
Data are stored in log files to ensure the functioning of the website. This information is also used to optimise our website and to warrant the security of our information technology systems. Your log files are not assessed for marketing purposes.
The data will be erased or altered in a way that prevents them being assigned to you as soon as they cease to be necessary for
6.1. Principles We use the following simple social media links on the Benjamin Neu website. When you are visiting the Benjamin Neu website, your personal data is not automatically shared or passed on to providers of social media networks. Your data is only sent to the provider of the social media network and stored there, in case you click the link (which is placed as a button) and are already logged in or respectively you proceed the log in by entering your access data into a pop-up window which is opened by clicking the link in case you are not already logged in. You can control which data you wish to release by altering the data protection settings which are available on most social media platforms. More information about how you can change your data protection settings and how external social media sites handle your personal identifiable data is provided in the following: 6.2. Facebook We link to Facebook (“Facebook“). Facebook is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. The link is recognisable by the Facebook logo. As soon as you click the link a connection is created between your web browser and Facebook’s servers. The type, scope, purposes and processing of the data by Facebook and the rights and settings options for the protection of the user’s privacy are detailed in Facebook’s data protection statement (https://www.facebook.com/about/privacy). 6.3. Twitter We link to the Twitter network. (“Twitter“), a service of Twitter Inc. 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. The link is recognisable by the Twitter logo. Your web browser will establish a connection to the Twitter server every you click the Twitter logo on the Benjamin Neu website. Details relating to the processing of your data by Twitter and your rights and setting options to protect your personal data are contained in the Twitter data protection statement (https://twitter.com/de/privacy). 6.4. Instagram We link to the Instagram network (“Instagram“), which is operated by Instagram LLC, 1601 Willow Road, Menlo Park, CA 94025, USA. The link is identified by the Instagram logo in the form of an “Instagram camera”. If you click such an Instagram logo your browser will establish a direct connection to the Instagram servers. The purpose and scope of data collection and further processing and use of the data by Instagram as well as your rights and settings options for the protection of your privacy are detailed in the Instagram data protection statement at: https://help.instagram.com/155833707900388. 7.1. Principles We will only pass on your personal data – and will inform you appropriately – in compliance with the applicable data protection laws to service providers, business partners, affiliated undertakings and other third parties. We may disclose personal data to service providers working on our behalf and require them to perform services in our name (order processing). These service providers may be affiliated undertakings of Benjamin Neu or external service providers. In this context we comply with stringent national and European data protection regulations. These service providers are bound by our instructions and are subject to stringent contractual limitations on the processing of personal data. Accordingly, data may only be processed if this is necessary for the performance of services in our name or in order to comply with legal requirements. We stipulate precisely and in advance the rights and obligations of our service providers in relation to personal data. We may disclose personal data to a third party if we are required to do so by law or in legal proceedings or in order to supply and manage our products and services. We may also be required to provide information to law enforcement agencies or other public authorities. We are also authorised to release data if such disclosure of information is necessary for the purposes of collaboration and thus of providing Benjamin Neu services to you or if you declare your consent to such disclosure. Disclosure can also rarely be avoided in the course of tax audits. 7.2. Website Serverhosting Our website and thus also your data ist hosted on servers with Strato AG (“Strato“), Mathias- Pascalstraße 10 10587 Berlin, Germany. Strato may only access the data stored by Benjamin Neu in accordance with our instructions (order processing). Strato also adopts stringent technical measures to protect your personal data. Your data is held exclusively on Strato servers in Germany. The processing of your data is legitimate under Article 6 (1) sentence 1 f) GDPR. The purpose of processing data is that Strato provides the premises and infrastructure to run the Benjamin Neu servers. More information about data protection and the period for which your data etc. are stored by Strato is available at: https://www.strato.de/datenschutz/ 7.3. Amazon Web Services For the provision of cloud infrastructure services, Benjamin Neu uses the services of Amazon Web Services Inc. (“Amazon“), 410 Terry Avenue North, Seattle WA 98109, United States. Amazon may only use the data in accordance with our instructions (order processing). Amazon also adopts stringent technical measures to protect your personal data. Amazon does not pass on your personal data to third parties unless this is necessary in order to perform the agreed services or if Amazon is required to do so by law or to comply with a valid and mandatory instruction issued by a government or regulatory authority. The data provided for this purpose are kept to a minimum. In some circumstances, Amazon may also store the information in countries outside the EEA. Amazon will, however, take the necessary steps to ensure that an appropriate level of data protection is maintained. If Amazon sends your data to the United States, for example, additional measures are taken, such as concluding EU-compliant data transmission agreements with the data importer if this is necessary. Amazon participates in the EU-US Privacy Shield Framework. The processing of your data is legitimate under Article 6 (1) sentence 1 f) GDPR. The purpose of processing data is that Amazon does to store Cloudelligence’s data on Amazon servers. The duration of the data storage depends on the legal storage obligations. More information from Amazon about data protection is available at: 7.4. Other service providers Other Benjamin Neu service providers that are recipients of personal data are our freelancers, who support us in the following areas: These service providers are also obliged within the framework of order processing agreements in accordance with Section 14.1. The legal basis for the processing of your data is Article 6 (1) sentence 1 f) GDPR. The duration of the data storage depends on the legal storage obligations. Benjamin Neu has implemented appropriate physical, technical and administrative security standards to protect personal data against loss, misuse, modification or destruction. Our service providers and associated undertakings are contractually committed to safeguarding the confidentiality of personal data. They are also prohibited from using data for purposes not approved by us. We may update this Data Protection Statement from time to time. We therefore recommend that you regularly read this Data Protection Statement to ensure that you are familiar with our data protection practice. This Data Protection Statement was last updated on August 10, 2020.6 Social media links
7 Disclosure to third parties
https://aws.amazon.com/compliance/eu-data-protection/?nc1=h_ls.
8 Security standards
9 Changes to this statement