Berrysmart's data protection declaration is based on the terms used by the European legislator for adopting the General Data Protection Regulation GDPR . Our data protection declaration must be readable and understandable to the general public. To ensure this, we would like to explain the terminology used. In this data protection declaration, we use, among others, the following terms:
a) Personal data
Personal data means any information relating to an identified or identifiable individual ("data subject"). An identifiable individual is a person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to physical identity, physiological, genetic, mental, economic, cultural or social of that individual person.
The data subject is any identified or identifiable individual person, whose personal data are processed by the data controller.
b) Data subject
Data subject is any identified or identifiable individual, whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restrictions on processing
Restrictions on processing are the marking of stored personal data to limit their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to an individual person, in particular to analyse or predict aspects concerning that individual person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable individual person.
g) Controller or controller responsible for the processing
Controller or controller responsible for the processing is the individual or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor is an individual or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
The recipient is an individual or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
j) Third party
Third party is an individual or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
The subject's consent is any freely given specific informed and unambiguous indication of the subject's wishes by which the subject, either by a statement or by a clear affirmative action, signifies his or her agreement to personal data relating to him or her being processed.
The controller for the purposes of the General Data Protection Regulation GDPR , other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
The Berrysmart website collects a series of general data and information when a person or automated system calls up the website. These general data and information are stored in the server log files. The following data can be collected: (1) the browser types and versions used, (2) the operating system used by the access system, (3) the website from which an access system arrives at our website (so-called referrers), (4) the sub websites, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the access system, and (8) any other similar data and information that can be used in case of attacks on our information technology systems. When using these general data and information, Berrysmart does not draw any conclusions regarding the data subject. Rather, this information is necessary to 1 correctly deliver the content of our website, 2 optimise the content of our website, 3 ensure the long-term viability of our information technology systems and website technology, and 4 provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack.Therefore, Berrysmart statistically analyses the data and information collected anonymously, aiming to increase the protection and security of our company's data and ensure an optimal level of protection of the personal data we process. Anonymous data from server log files are stored separately from all personal data provided by a data subject.
The Berrysmart website contains information that allows you to communicate directly with us, which also includes a general email address. If an interested person contacts the controller by email, the personal data transmitted by the interested person is automatically stored. Such personal data voluntarily transmitted by a data subject to the data controller or controller are stored for the purpose of processing or contacting the data subject.
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.
b) Right of access
. Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
the purposes of the processing;
the categories of personal data concerned;
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
the existence of the right to lodge a complaint with a supervisory authority;
where the personal data are not collected from the data subject, any available information as to their source;
the existence of automated decision-making, including profiling, referred to in Article 22 1 and 4 of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may at any time contact our Data Protection Officer or another employee of the controller.
c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
d) Right to erasure Right to be forgotten
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The data subject withdraws consent to which the processing is based according to point (a) of Article 6 1 of the GDPR, or point (a) of Article 9 2 of the GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21 1 of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 2 of the GDPR.
The personal data have been unlawfully processed.
The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data have been collected in relation to the offer of information society services referred to in Article 8 1 of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by By Com, he or she may at any time contact our Data Protection Officer or another employee of the controller. The Data Protection Officer of By Com or another employee shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The Data Protection Officer of By Com or another employee will arrange the necessary measures in individual cases.
e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
The data subject has objected to processing pursuant to Article 21 1 of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by Berrysmart, he or she may at any time contact our Data Protection Officer or another employee of the controller. The Data Protection Officer of Berrysmart or another employee will arrange the restriction of the processing.
f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6 1 of the GDPR or point (a) of Article 9 2 of the GDPR, or on a contract pursuant to point (b) of Article 6 1 of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20 1 of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact the Data Protection Officer designated by By Com or another employee.
g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6 1 of the GDPR. This also applies to profiling based on these provisions.
Berrysmart will stop processing personal data in case of objection, unless we can demonstrate compelling legitimate grounds for processing that override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.
If Berrysmart processes personal data for direct marketing purposes, the data subject will have the right to object, at any time, to the processing of personal data concerning him for such marketing. This applies to profiling in so far as it relates to such direct marketing. If the data subject objects to processing for direct marketing purposes, Berrysmart will stop processing personal data for these purposes.
Furthermore, the data subject has the right, for reasons related to his particular situation, to object to the processing of personal data concerning him by Berrysmart for the purposes of scientific or historical research, or for statistical purposes pursuant to article 89 1 of the GDPR, unless processing is necessary for performing a tas public interest.
In order to exercise the right of opposition, the data subject can directly contact Berrysmart's data protection officer or another employee. Furthermore, the data subject is free, in the context of using information society services, and, notwithstanding Directive 2002/58/EC, to use his right of opposition by automated means, using technical specifications.
h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or which affects him in a similar way, provided that the decision (1) is not necessary for its taking, or the performance of a contract between the data subject and a data controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down appropriate measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.
If the decision 1 is necessary for the conclusion or performance of a contract between the data subject and the data controller, or 2 is based on the data subject's explicit consent, Berrysmart shall apply appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, at least the right to obtain human intervention on the part of the controller, to express his point of view and challenge the decision.
If the data subject wishes to exercise the rights relating to automated individual decision-making, he may at any time directly contact our Berrysmart data protection officer or another employee.
i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw consent, they may, at any time, directly contact Berrysmart's data protection officer or another employee.
On this website, the controller has integrated the Google Analytics component (with the anonymizer function). Google Analytics is a web analytics service. Web Analytics is the collection and analysis of data on the behavior of website visitors. A web analytics service collects, among other things, data about the website from which a person came (the so-called referrer), which pages were visited, or how often and for how long a page was viewed. Web analysis is mainly used for the optimization of a website and to carry out a cost-benefit analysis of Internet advertising.
The operator of the Google Analytics component is Google Inc., 1600 Amphitheater Pkwy, Mountain View, CA 94043 1351, United States.
For web analysis via Google Analytics, the controller uses the "_gat" application. _anonymizeIp". Through this application, the IP address of the data subject's Internet connection is abbreviated by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State of the Agreement on the Economic Area European.
The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the data and information collected, inter alia, to evaluate the use of our website and provide online reports showing activities on our websites and to provide us with other services relating to the use of our website.
Google Analytics places a cookie on the information technology system of the data subject. The definition of "cookies" is explained above. By setting the cookie, Google is able to analyze the use of our website. With each call to one of the individual pages of this website, which is operated by the controller and into which a Google Analytics component has been integrated, the Internet browser on the computer system of the interested person will automatically submit data via the Google Analytics component for the purposes of online advertising and settlement of commissions to Google. During this technical procedure, the company Google acquires knowledge of personal information, such as the IP address of the data subject, which serves Google, among others, to understand the origin of visitors and clicks, and subsequently create commission settlements.
The cookie is used to store personal information, such as access time, the location from which access was made, and the frequency of visits to our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the interested party, will be transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may transmit these personal data collected through the technical procedure to third parties.
The data subject can, as mentioned above, prevent the setting of cookies through our website at any time by adjusting the browser used accordingly and thus permanently deny the setting of cookies. Such adjustment of the internet browser used would also prevent Google Analytics from placing a cookie on the data subject's computer system. Furthermore, cookies already in use by Google Analytics can be deleted at any time via a web browser or other software programs.
More information and Google's applicable data protection provisions can be retrieved at https://policies.google.com/privacy?hl=en-GB and Google Analytics is explained in more detail at the following link https://www .google.com/analytics/.
Art. 6 1 , lit. a, serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the data subject has given his consent to the processing of his personal data for one or more specific purposes.
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.