Thank you very much for your interest in our company. Data protection is particularly important to the management of the Bennet & Levi GmbH. The internet pages of the Bennet & Levi GmbH can be used without providing any personal data. However, if a person in question wishes to make use of special services provided by our company via our website, personal data may have to be processed. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the person involved.
The processing of personal data, such as the name, address, email address or telephone number of a person involved, is always carried out in accordance with the Basic Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to the Bennet & Levi GmbH. By means of this data protection declaration, our company wishes to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, this data protection declaration will inform the persons concerned about their rights.
As the data controller, Bennet & Levi GmbH has implemented numerous technical and organizational measures to ensure that the personal data processed via this website is protected as completely as possible. Nevertheless, Internet-based data transmissions can in principle have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person affected is free to transmit personal data to us by alternative means, such as telephone.
The Bennet & Levi GmbH data protection declaration is based on the terms used by the European directives and regulations when the General Data Protection Regulation (GDPR) was issued. Our data protection declaration should be easy to read and to understand for the public as well as for our customers and business partners. In order to guarantee this, we would like to explain the terms used beforehand.
a) personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter ” data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an on-line identifier or one or more specific characteristics which express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
b) data subject
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
Processing means any operation or set of operations which is carried out with or without the aid of automated processes and which relates to personal data, such as collection, recording, organization, sorting, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or integration, qualification, erasure or destruction.
d) limitation of processing
Limitation of processing is the marking of stored personal data with the aim of limiting their future processing.
Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, behavior, whereabouts or movements of that natural person.
Pseudonymization means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the provision of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures designed to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) person responsible or person responsible for the processing
The person responsible or person responsible for the processing is the natural 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 laid down by Union law or by the law of the Member States, the controller may be designated in accordance with Union law or with the law of the Member States, or the specific criteria for his or her designation may be laid down.
h) order processor
The order processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the responsible person.
The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data under a particular investigation mandate in accordance with Union law or the law of the Member States shall not be deemed to be recipients of such data.
j) third party
Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the responsible person and the persons who, under the direct responsibility of the controller or processor, are empowered to process the personal data.
Consent means any voluntary, informed and unequivocal expression of the data subject’s intention to consent to the particular case, in the form of a statement or other unambiguous confirmatory act by which the data subject indicates that he or she consents to the processing of his or her personal data.
2. The name and address of the person responsible for the processing operation
The person responsible within the meaning of the Basic Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is:
Bennet & Levi GmbH
Tel.: +49 221 16916664
By using cookies, the Bennet & Levi GmbH can provide the users of this website with more user-friendly services, which would not be possible without the setting of cookies.
The person concerned can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the person concerned deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable under certain circumstances.
4. Collection of general data and information
The Bennet & Levi GmbH website collects a series of general data and information each time the website is accessed by a person concerned or an automated system. These general data and informations are stored in the log files of the server. The (1) browser types and versions used can be recorded, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-sites which are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information used to avert danger in the event of attacks on our information technology systems.
When using this general data and information, the Bennet & Levi GmbH does not draw any conclusions about the person concerned. Rather, this information is required to (1) correctly deliver the content of our website, (2) optimize the content of our website and the advertising for it, (3) ensure the long-term operability of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. This anonymous data and information is therefore evaluated by the Bennet & Levi GmbH on the one hand statistically and on the other hand with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimum level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by the person concerned.
5. Registration on our website
The data subject shall have the possibility to register on the website of the controller by providing personal data. The personal data transmitted to the data controller in this process is determined by the respective input mask used for registration. The personal data entered by the data subject shall be collected and stored exclusively for internal use by the controller and for its own purposes. The controller may arrange for the data to be disclosed to one or more processors, such as a parcel service, who will also use the personal data exclusively for internal purposes attributable to the controller.
By registering on the website of the data controller, the IP address assigned to the data subject by the Internet service provider (ISP), the date and time of registration are also stored. This data is stored in order to prevent misuse of our services and, if necessary, to enable us to investigate criminal offenses that have been committed. Therefore, the storage of this data is necessary to safeguard the data controller. These data will not be passed on to third parties unless there is a legal obligation to do so or the data is used for criminal prosecution.
The registration of the data subject by voluntarily providing personal data serves the purpose of the data controller to offer the data subject contents or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to modify at any time the personal data provided during registration or to have them completely deleted from the data file of the data controller.
The data controller shall provide any data subject at any time upon request with information as to which personal data relating to the data subject are stored. Furthermore, the data controller shall correct or delete personal data at the request or notice of the data subject, unless this is contrary to any legal obligation to retain such data. The entire staff of the controller shall be available to the data subject as contact persons in this context.
6. Subscription to our newsletter
On the Bennet & Levi GmbH website, users are given the opportunity to subscribe to our company newsletter. The personal data transmitted to the data controller when the newsletter is ordered is determined by the input mask used for this purpose.
The Bennet & Levi GmbH informs its customers and business partners at regular intervals by means of a newsletter about offers of the company. Our company’s newsletter can only be received by the person concerned if (1) the person affected has a valid e-mail address and (2) the person affected registers to receive the newsletter. For legal reasons, a confirmation email using the double opt-in procedure is sent to the email address entered for the first time by the person affected. This confirmation email is used to check whether the owner of the email address as the person affected has authorized receipt of the newsletter.
When registering for the newsletter, we also store the IP address assigned by the Internet Service Provider (ISP) to the computer system used by the person concerned at the time of registration as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a data subject at a later point in time and therefore serves to legally safeguard the data controller.
The personal data collected as part of a newsletter registration will only be used to send our newsletter. Furthermore, subscribers to the newsletter may be informed by e-mail if this is necessary for the operation of the newsletter service or registration, as might be the case in the event of changes to the newsletter offering or changes to the technical conditions. The personal data collected as part of the newsletter service will not be passed on to third parties. The subscription to our newsletter can be cancelled by the person concerned at any time. The consent to the storage of personal data, which the person concerned has given us for the newsletter dispatch, can be revoked at any time. For the purpose of the revocation of the consent an appropriate left is in each new type character. Furthermore, it is also possible to unsubscribe from the newsletter at any time directly on the website of the data controller or to inform the data controller of this in any other way.
7. Newsletter tracking
The Bennet & Levi GmbH newsletter contains so-called tracking pixels. A pixel-code is a miniature graphic that is embedded in emails that are sent in HTML format to enable log file recording and analysis. This allows statistical evaluation of the success or failure of on-line marketing campaigns. Based on the embedded pixel-code, the Bennet & Levi GmbH can recognize if and when an email was opened by an affected person and which links in the email were accessed by the affected person.
Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the data controller in order to optimize the newsletter dispatch and to adapt the content of future newsletters even better to the interests of the person concerned. This personal data will not be passed on to third parties. Affected persons are entitled at any time to revoke the relevant separate declaration of consent submitted via the double opt-in procedure. After a revocation these personal data will be deleted by the person responsible for the processing. The Bennet & Levi GmbH automatically interprets a deregistration from the receipt of the newsletter as a revocation.
8. Possibility to contact us via the website
The website of Bennet & Levi GmbH contains, in accordance with statutory regulations, information that enables us to be contacted quickly and electronically and to communicate directly with us, which also includes a general address for so-called electronic mail (e-mail address). If a data subject contacts the data controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted voluntarily by a data subject to the data controller will be stored for the purposes of processing or contacting the data subject. This personal data will not be passed on to third parties.
9. Comment function in the blog on the website
The Bennet & Levi GmbH offers users the opportunity to leave individual comments on individual blog contributions on a blog located on the website of the data controller. A blog is a portal maintained on a website, usually open to the public, in which one or more persons called blogger or web blogger can post articles or write thoughts in so-called blog posts. Blog posts can usually be commented on by third parties.
If a data subject leaves a comment in the blog published on this website, in addition to the comments left by the data subject, information about the time of the comment entry and the user name (pseudonym) chosen by the data subject will also be stored and published. Furthermore, the IP address assigned by the Internet Service Provider (ISP) to the person concerned is logged. This IP address is stored for security reasons and in the event that the person concerned violates the rights of third parties by submitting a comment or posts illegal content. The storage of this personal data is therefore in the own interest of the data controller, so that in the event of a violation of the law, the data controller could exculpate himself. The personal data collected will not be disclosed to third parties unless such disclosure is required by law or serves the legal defense of the data controller.
10. Subscription of comments in the blog on the website
Comments posted on the Bennet & Levi GmbH blog may be subscribed to by third parties. In particular, it is possible for a commentator to subscribe to the comments following his comment on a specific blog post.
If a data subject chooses the option to subscribe to comments, the data controller shall send an automatic confirmation email to the double opt-in process to verify that the owner of the specified email address has actually opted for this option. The option to subscribe to comments can be cancelled at any time.
11. Routine deletion and blocking of personal data
The controller processes and stores personal data of the data subject only for the period of time necessary to achieve the storage purpose or where provided for by the European directive and regulation maker or another legislator in the laws or regulations to which the controller is subject.
If the storage purpose no longer applies or if a storage period prescribed by the European directive and regulation giver or another competent legislator expires, the personal data will be blocked or deleted routinely and in accordance with the statutory provisions.
12. Rights of the data subject
a) Right of confirmation
Every data subject shall have the right, granted by the European directive and regulation maker, to obtain from the controller confirmation as to whether personal data relating to him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time do so by contacting an employee of the controller.
b) Right of information
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to obtain at any time, free of charge, from the controller, information on the personal data relating to him which have been stored and a copy of that information. In addition, the European Directive and Regulation Body has granted the data subject access to the following information:
- the processing purposes
- the categories of personal data processed
- 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 organizations
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- the existence of a right to rectify or erase personal data relating to him or her or to limit the processing carried out by the controller or of a right to object to such processing
- the existence of a right of appeal to a supervisory authority
- if the personal data are not collected from the data subject: All available information about the origin of the data
- the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the data subject
The data subject also has the right to know whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right of access, he or she may at any time contact an employee of the controller for this purpose.
c) Right of rectification
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to request the rectification without delay of inaccurate personal data concerning him or her. In addition, the data subject shall have the right, having regard to the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary statement.
If a data subject wishes to exercise this right of rectification, he or she may at any time contact an employee of the controller for this purpose.
d) Right of deletion (right to be forgotten)
Any person data subject to the processing of personal data shall have the right, granted by the European directive and regulation maker, to require the controller to erase without delay personal data concerning him which are subject to one of the following conditions and to the extent that the processing is not necessary:
- Personal data have been collected or processed for purposes for which they are no longer necessary
- The data subject withdraws his consent on which the processing was based pursuant to Art. 6 par. 1 letter a GDPR or Art. 9 par. 2 letter a GDPR and there is no other legal basis for the processing.
- The data subject objects to the processing pursuant to Art. 21 par. 1 GDPR and there are no overriding legitimate reasons for the processing, or the data subject objects to the processing pursuant to Art. 21 par. 2 GDPR.
- The personal data have been processed unlawfully.
- The deletion of personal data is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the data controller is subject.
- o The personal data have been collected in relation to information society services offered pursuant to Art. 8 par. 1 GDPR.
If one of the above reasons applies and a person concerned wishes to have personal data stored at the Bennet & Levi GmbH deleted, he or she can contact an employee of the data controller at any time. The employee of the Bennet & Levi GmbH will arrange for the request for deletion to be complied with immediately.
If the personal data has been made public by the Bennet & Levi GmbH and our company is responsible pursuant to Art. 17 par. 1 GDPR, the Bennet & Levi GmbH, taking into account the available technology and the implementation costs, shall take appropriate measures, including technical measures, to inform other persons responsible for data processing who process the published personal data that the person concerned has requested the deletion of all links to this personal data or copies or replications of this personal data from these other persons responsible for data processing, insofar as the processing is not necessary. The employee of Bennet & Levi GmbH will take the necessary steps in individual cases.
e) Right of limitation of the processing
Any person data subject to the processing of personal data has the right, granted by the European directive and regulation maker, to request the controller to limit the processing if one of the following conditions is met:
- The accuracy of the personal data is contested by the data subject for a period of time that allows the data controller to verify the accuracy of the personal data.
- The processing is unlawful, the data subject refuses the deletion of the personal data and instead requests the restriction of the use of the personal data.
- The controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the assertion, exercise or defense of legal rights.
- The data subject has lodged an objection to the processing pursuant to Art. 21 par. 1 GDPR and it is not yet clear whether the legitimate reasons of the data controller outweigh those of the data subject.
If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored at the Bennet & Levi GmbH, he or she can contact an employee of the data controller at any time. The employee of the Bennet & Levi GmbH will initiate the restriction of the processing.
f) Right of data transferability
Any data subject involved in the processing of personal data has the right, granted by the European directive and regulation, to obtain personal data concerning him or her which have been provided by the data subject to a controller in a structured, common and machine-readable format. It shall also have the right to communicate such data to another controller without interference from the controller to whom the personal data have been provided, provided that the processing is based on the consent referred to in Article 6 (1) (a) GDPR or Article 9 (2)(a) GDPR or on a contract referred to in Article 6 (1)(b) GDPR and that the processing is carried out by automated means, provided that 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, when exercising his right to data transferability pursuant to Art. 20 (1) GDPR, the data subject shall have the right to obtain that the personal data be transferred directly from one responsible person to another responsible person, insofar as this is technically feasible and insofar as this does not impair the rights and freedoms of other persons.
To assert the right to data transfer, the person concerned may at any time contact an employee of the Bennet & Levi GmbH.
g) Right of withdrawal
Any person data subject to the processing of personal data has the right, granted by the European directive and regulation maker, to object at any time, for reasons related to his/her particular situation, to the processing of personal data concerning him/her on the basis of Article 6 (1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.
The Bennet & Levi GmbH will no longer process the personal data in the event of objection, unless we can prove compelling reasons for the processing worthy of protection which outweigh the interests, rights and freedoms of the person concerned, or the processing serves the assertion, exercise or defense of legal claims.
If Bennet & Levi GmbH processes personal data in order to conduct direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is connected with such direct advertising. If the data subject objects to Bennet & Levi GmbH processing the data for direct marketing purposes, Bennet & Levi GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right to object to the processing of personal data relating to him by the Bennet & Levi GmbH for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 par. 1 GDPR for reasons arising from his particular situation, unless such processing is necessary for the performance of a task in the public interest.
In order to exercise the right of withdrawal, the person concerned may directly contact any employee of the Bennet & Levi GmbH or another employee. The data subject is also free to exercise his or her right of withdrawal in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
h) Automated decisions in individual cases including profiling
Any person data subject to the processing of personal data has the right under the European Directive and Regulation not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects upon him or her or significantly affects him or her in a similar manner, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the data controller, or (2) is authorized by Union or national law or rules of the Member States to which the data controller is subject and which provide for adequate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or (3) is taken with the express consent of the data subject.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the data subject or (2) is made with the express consent of the data subject, the Bennet & Levi GmbH shall take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain the intervention of a data subject on the part of the data subject, to state his or her own position and to contest the decision.
Where the data subject wishes to exercise rights relating to automated decisions, he or she may at any time do so by contacting an employee of the controller.
i) Right of withdrawal of data protection consent
Any person data subject to the processing of personal data has the right, granted by the European directive and regulation maker, to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consent, he or she may at any time do so by contacting an employee of the controller.
13. Data protection for applications and in the application process
The data controller collects and processes the personal data of applicants for the purpose of processing the application procedure. Processing may also be carried out electronically. This is particularly the case if an applicant submits the relevant application documents electronically, for example by email or via a web form on the website, to the controller. If the data controller concludes an employment contract with an applicant, the data transmitted shall be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude a contract of employment with the applicant, the application documents shall be automatically deleted two months after notification of the rejection decision, unless deletion conflicts with any other legitimate interests of the controller. Other legitimate interests in this sense include, for example, the duty to provide evidence in proceedings under the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz – AGG).
14. Legal basis of the processing
Art. 6 I lit. a GDPR serves our company as a legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same shall apply to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of inquiries regarding our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our site were injured and his name, age, health insurance information or other vital information would have to be disclosed to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d GDPR.
Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the data subject do not predominate. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the data controller (recital 47 sentence 2 GDPR).
15. Legitimate interests in the processing pursued by the controller or by a third party
If the processing of personal data is based on Article 6 I f GDPR, our legitimate interest is the conduct of our business for the benefit of all our employees and shareholders.
16. Duration for which the personal data will be stored
The criterion for the duration of the storage of personal data is the respective legal retention period. After this period has expired, the corresponding data will be routinely deleted, unless they are no longer required for the fulfillment or initiation of the contract.
17. Legal or contractual provisions governing the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data
We will inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may result from contractual provisions (e.g. information on the contractual partner).
Sometimes it may be necessary for a contract to be concluded that a person concerned makes personal data available to us which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide personal data would mean that the contract could not be concluded with the data subject.
The data subject must contact one of our employees before providing personal data. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data and what consequences the non-availability of the personal data would have.
18. Existence of an automated decision making process
As a responsible company, we refrain from automatic decision-making or profiling.
This data protection declaration was created by the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an external data protection officer for Dresden, in cooperation with the lawyer for data protection law, Christian Solmecke.