Data privacy statement

Any collection, processing and use (hereinafter “use”) of data is solely for the purpose of providing our services. Our services have been designed to use as little personal information as possible. For that matter, “personal data” is understood as all individual details about a person or factual circumstances of an identifiable natural person (so-called “affected person”).
The following statements on data protection describe what types of data are collected when accessing our website, what happens with these data and how you may object to data usage.

1 General information on data processing

1.1 Person Responsible (Controller)

Responsible within the meaning of the EU General Data Protection Regulation (GDPR) and the new Federal Data Protection Act (BDSG) is:
Berliner Großmarkt GmbH
Address:Beusselstraße 44 N-Q, 10553 Berlin
Phone:030 398961-10
Email:datenschutz@berliner-grossmarkt.de
Homepage:www.meine-markthalle.de

1.2 Name and address of the Data Security Officer

The data protection officer is::
Kemal Webersohn von der WS Datenschutz GmbH
If you have questions about data protection, you can contact WS Datenschutz GmbH at the following email address: berliner-grossmarkt@ws-datenschutz.de
WS Datenschutz GmbH
Dircksenstraße 51
D-10178 Berlin
https://webersohnundscholtz.de

1.3 Protection of your data

We have taken technical and organizational measures to ensure that the requirements of the EU General Data Protection Regulation (GDPR) are met by us, as well as, by external service providers working for us.
If we work with other companies to provide our services, such as email and server providers, this will only be done after an extensive selection process. In this selection process, each individual service provider is carefully selected for its suitability in terms of technical and organizational data protection skills. This selection procedure will be documented in writing and an agreement on the order processing of data (data processing agreement) will only be concluded if the third party complies with the requirements of Art. 28 GDPR.
Your information will be stored on specially protected servers. Access to it is only possible for a few specially authorized persons. Our website is SSL/TLS encrypted, as can be seen by the https:// at the start of our URL. This also involves e-mail communications, which is encoded via SSL certificate.

1.4 Erasure of personal data

We process personal data only if necessary. As soon as the purpose of the data processing is fulfilled, erasure of the data is carried out according to the standards of the erasure concept, unless legal or contractual regulations oppose this.

2 Use of data on this website and in logfiles

2.1 Scope of processing personal data

When visiting our website, our web servers temporarily store every access in a log file. The following data is collected and stored until automated erasure:

• IP-address of the requesting computer
• Date and time of access
• Name and URL of the retrieved file
• Transmitted amount of data
• Message if the retrieval was successful
• Detection data of the browser and operating system used

We or our partners may process additional data occasionally. You will find information about this below.

2.2 Legal basis for processing personal data

The legal basis for the temporary storage of the data and log files is Art. 6 para. 1 s. 1 lit. f) GDPR. Our legitimate interest is to make our website accessible for you.

2.3 Purpose of data processing

The processing of this data serves: the purpose of enabling the use of the website (connection establishment), system security, the technical administration of the network infrastructure, as well as to optimize the website. The IP address is evaluated only in case of attacks on our network infrastructure or the network infrastructure of our internet provider.

2.4 Duration of storage

As soon as the purpose of the data processing is fulfilled, erasure of the data is carried out. This happens as soon as you close our website. Our hosting service might use data for statistical purposes. Any personal data will be anonymized for this. Our hosting service will delete this data after a period of 6 months.

2.5 Right of objection and erasure

The collection of data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website. Consequently, there is no possibility for the user to object. If you wish to exercise your legal rights or have any questions in general, please contact TW-Datentechnik’s data protection officer via email: datenschutz@wessel.org.

2.6 Hosting provider TW-Datentechnik

We use the services of TW-Datentechnik as a web hosting provider. The data processing is carried out by: TW-Datentechnik, Bahnhofstraße 80a, 56218 Mülheim-Kärlich, Germany. For more information on data protection at TW-Datentechnik: https://www.concloo.de/Rechtliche_Hinweise

3 Use of cookies

3.1 Description and scope of data processing

Our website uses cookies. This means that when using the website, cookies are stored on your computer. Cookies are small text files which are assigned to the browser you are using and which are stored on your hard drive. Through this information flows to us or the party who set the cookie. Cookies cannot run programs on or transmit viruses to your computer. They are used to analyze the use of our website in anonymized or pseudonymized form and to enable personalized advertisements on this website. The following data may be transmitted:

• Which functions of the website are used by you
• Your cookie-settings

Upon entering our website, a cookie banner informs you about the use of cookies on this website and asks for your consent to the use of cookies. Also, you are pointed to the data privacy statement of this website.

3.2 Legal basis for data processing

The legal basis for the processing of data by cookies, which do not only serve the functionality of our website, is Art. 6 para. 1 s. 1 lit. a) GDPR.
The legal basis for the processing of data for cookies, which serve only the functionality of this website, is Art. 6 para. 1 s. 1 lit. f) GDPR.

3.3 Purpose of data processing

Our legitimate interests are to provide you with a working website connection and to ensure a comfortable use of this website. Also, we need to process your personal data to solve occurring safety and security issues, as well as to ensure system stability. The data processing takes place to make a statistical evaluation of our website possible.

3.4 Duration of storage

This website uses the following types of cookies. The extend and function of each are being explained below:

• Transient cookies (see a)
• Persistent cookies (see b)

• Transient cookies are automatically deleted when you close the browser. This is especially true for session cookies which store your session ID, with which various requests from your browser can be assigned to your session. This will allow your computer to be recognized when you return to our website. Session cookies are deleted when you log out or close the browser.
• Persistent cookies are automatically deleted after a specified period, which may differ depending on the cookie.
  The data will only be stored as long as it is necessary for the verification, unless legal regulations require a longer storage of the data. On the part of Borlaps, your consent will be deleted after 6 months.

3.5 Right to objection and erasure

You have the possibility to revoke your consent to the data processing by means of cookies, which do not only serve the functionality of the website. In addition, we do not set cookies until you have agreed to set cookies when you visit the site. In this way, you can prevent data processing via cookies on our website.
You can also delete the cookies in your browser’s security settings at any time. You can revoke the consents given through our Consent Banner Borlabs by deleting the corresponding cookie called “borlabs-cookie”. Please note that you may not be able to use all the features of this website. The setting of cookies can also be prevented at any time by appropriate settings in your internet browser.

3.6 Borlabs

Borlabs serves the practical implementation of the GDPR and other data protection related law regarding the use of cookies on our website and the integration of analytics tools by means of consent. If you give your consent via the cookie banner, the following data will be processed:

• Your IP address
• Details of your consent
• URL of the consent website
• Date and time of consent
• Date and time of the last page access

The processing of this data is based on Art. 6 para. 1 p.1 lit. c) GDPR.
The data processing is carried out by: Borlabs GmbH, Rübenkamp 32, 22305 Hamburg, Germany.
You can find more information about the data processing at: https://de.borlabs.io/datenschutz/

4 Contact

4.1 Description and scope of data processing

Via our website it is possible to contact us via e-mail or via contact form. This will require different data to answer the request, which will be automatically saved for processing.  The following data are required to process your request:

• Name
• Address

Furthermore, you can enter the following data optionally:

• Subject of your message
• Your Message

Your data will not be passed on to third parties, unless you have given your consent.

4.2 Legal basis for data processing

The legal basis depends on Art. 6 para. 1 s. 1 lit. b) GDPR.

4.3 Purpose of data processing

The processing of personal data from the input form is used solely handling the contact request.

4.4 Duration of storage

The data will be deleted as soon as we answer your request. There might occur rare cases when legal or contractual retention periods interfere with the erasure of your personal data. In this case your data will be deleted after these periods.

4.5 Right to objection and erasure

The user has the right to withdraw their consent to the processing of personal data at any time. If the user contacts us, they can object to storage of their personal data at any time. In such cases, the conversation cannot be continued. All personal data that has been stored in the course of the contact will be deleted.

5 Tracking and analytics

For the continuous improvement of our website we use the following tracking and analytics tools. Below you can find information on which personal data is processed in each case and how you can reach the respective service providers:

5.1 Google Analytics

5.1.1 Description and scope of data processing

Our website uses Google Analytics. This is a service for analyzing access to websites of Google Inc. (“Google”) and allows us to improve our website.  Data processing for the European Economic Area and for Switzerland is carried out by:Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
Cookies enable us to analyze your use of our website. The information collected by a cookie are:

• IP address
• Access time
• Access Duration

The information is transmitted to a Google server in the USA and stored there. The evaluation of your activities on our website is transmitted to us in the form of reports. Google may pass on the collected information to third parties, if required by law or if third parties process this data on behalf of Google. The Google tracking codes of our Internet offer use the function “_anonymizeIp ()”, thus IP addresses are processed only shortened, in order to exclude a possible direct personal link to you. Under https://www.google.de/intl/de/policies/ as well as under http://www.google.com/analytics/terms/de.html you can find out more about the terms of use and privacy policy of Google Analytics.

5.1.2 Legal basis of data processing

The legal basis is your given consent, Art. 6 para 1 s. 1 lit. a) GDPR.

5.1.3 Purpose of data processing

By processing the data, we can analyze how our website is used, so we can improve it for our users.

5.1.4 Duration of storage

The data will be deleted after 14 months after your last website visit.

5.1.5 Right to objection and erasure

You can prevent the installation of cookies by Google Analytics in your browser settings. In this case, however, it may happen that you cannot fully use all features of our website. Also, trough browsers extensions e.g. http://tools.google.com/dlpage/gaoptout?hl=de Google Analytics can be disabled and controlled.

5.2 Google Tag Manager

5.2.1 Description and scope of data processing

Google Tag Manager is a solution that allows us to manage so-called website tags via an interface (and thus, for example, integrate Google marketing services into our online offer). The Tag Manager serves as a “manager” of the implemented tags. This allows us to centrally manage integrated Google products or other analysis tools on our website. The tags embedded on the website are referred to as sections of code that make it possible to track your activities on our website. By using our website, users download the Google Tag Manager, which automatically results in the user’s IP address being forwarded to Google With regard to the processing of personal data, please refer to the information on Google services. Data processing for the European Economic Area and Switzerland is carried out by: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
You can access the usage guidelines of the Google Tag Manager here: https://www.google.com/intl/de/tagmanager/use-policy.html

5.2.2 Legal basis for data processing

The legal basis for the processing of personal data is your consent pursuant to Art. 6 para. 1 s. 1 lit. a) GDPR.[YG1]

5.2.3 Purpose of data processing

Google Tag Manger simplifies the management and organization of the analysis tools used for the website. In order to integrate an analysis tool, JavaScript codes must be integrated into the website. By using Google Tag Manger, it is possible for us to manage these embedded codes from one place.

5.2.4 Duration of storage

Since data storage is not carried out directly by Google Tag Manager, but the data is forwarded to the tracking tools, it is necessary to check with the individual embedded tracking tools how long the data is stored.

5.2.5 Right to objection and erasure

You have the option at any time to revoke a given consent to data processing with effect for the future. For this, you would have to contact the respective data protection officers of the tools. Further information regarding the management of your data can be found in the data protection statements of the tools used.

6 Other tools of third-party providers

We also use third-party providers to help us with the site’s appearance and functionality. These are listed below:

6.1 Self-hosted Google Web Fonts

6.1.1 Description and scope of data processing

We use web fonts provided for uniform representation of fonts on the website. When you call up a page, your browser loads the required web fonts into your browser cache to display texts and fonts correctly. We have embedded the web fonts locally on our website so that Google does not become aware that our website has been accessed via your IP address. If your browser does not support web fonts, a default font is used by your computer.

6.1.2 Legal basis of data processing

The legal basis is based on our legitimate interest according to Art. 6 para. 1 s.1 lit. f) GDPR.

6.1.3 Purpose of data processing

We use web fonts for uniform representation of fonts on the website to make our website visually appealing and user-friendly at the same time.

6.1.4 Duration of storage

No data will be stored.

6.1.5 Right to objection and erasure

You can configure your browser to not support web fonts. In this case, a default font is used by your computer.

7 Service providers from third countries

In order to be able to provide our services, we use the support of service providers from third party countries (non-EU countries). In order to ensure the protection of your personal data in this case, we conclude processing contracts with each – carefully selected – service provider. All of our processors provide sufficient guarantees to implement appropriate technical and organizational measures. Our third country data processors are either located in a country with an adequate level of data protection (Art. 45 GDPR) or provide appropriate safeguards (Art 46 GDPR).
Adequate level of protection: The provider comes from a country whose level of data protection has been recognized by the EU Commission. For more information, see: Adequacy decisions (europa.eu)
EU standard contract clauses: Our provider has submitted to the EU standard contractual clauses to ensure secure data transfer. For more information, see: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?uri=CELEX%3A32021D0914&locale=en
Binding Corporate Rules: Article 47 of the GDPR provides the possibility of ensuring data protection when transferring data to a third country via Binding Corporate Rules. These are examined and approved by the data security authorities within the framework of the consistency mechanism pursuant to Art. 63 GDPR.
Consent: In addition, a data transfer to a third country without an adequate level of protection will only take place if you have given us your consent in accordance with Art. 49 sec. 1 lit. a) GDPR for this purpose.

8 Your rights

You have the following rights with respect to the personal data concerning you:

8.1 Right to withdraw a given consent (Art. 7 GDPR)

If you have given your consent to the processing of your data, you can withdraw it at any time. This will affect the admissibility of processing your personal data by us for the time after you have withdrawn your consent. To withdraw your consent, contact us personally or in written form.

8.2 Right of access (Art. 15 GDPR)

You have the right to obtain from us confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, access to your personal data and the following information:

• the purpose of processing;
• the categories of personal data concerned;
• the recipients or the categories of recipient to whom your personal data have been or will be disclosed, in particular recipients in countries outside of the EU or international organisations;
• where possible, the envisaged period for which your 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 right to lodge a complaint with a supervisory authority;
• all available information on the source of your personal data;
• the existence of automated decision-making, including profiling, referred to Art. 22 para. 1 and 4 GDPR and, in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for you.

8.3 Right to rectification and erasure (Art. 16, 17 GDPR)

You have the right to obtain from us without undue delay the rectification and completion of inaccurate personal data concerning yourself.
You may also request the erasure of your personal data if any of the following applies to you:

• the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed;
• you withdraw consent on which the processing is based according to Art. 6 para. 1 s.1 lit. a) or Art. 9 para. 2 lit. a) GDPR, and where there is no other legal ground of processing;
• you object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or the you object to the processing pursuant to Art. 21 para. 2 GDPR;
• the personal data have been unlawfully processed;
• the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which we are subject;
• the personal data have been collected in relation to the offer of information society services referred to in Art. 8 para. 1.

Where we made the personal data public and are obliged to erase the personal data pursuant to Art. 17 para. 1 GDPR, we, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
These rights shall not apply to the extent that processing is necessary:

• for exercising the right of freedom of expression and information;
• for compliance with a legal obligation which requires processing by Union or Member State law to which we are subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
• for reasons of public interest in the area of public health in accordance of Art. 9 para. 2 lit. h) and i) as well as Art. 9 para. 3 GDPR;
• for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 GDPR, in so far as the right referred to above is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
• for the establishment, exercise or defence of legal claims.

8.4 Right to restriction of processing (Art. 18 GDPR)

You shall have the right to obtain from us restriction of processing where one of the following applies:

• the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of the personal data;
• the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
• we no longer need the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims;
• you have objected to processing pursuant to Art. 21 para. 1 GDPR pending the verification whether our legitimate grounds override yours.

Where processing has been restricted under the aforementioned conditions, such personal data shall, except for storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
If the limitation of the processing is restricted, you will be informed by us before the restriction is lifted.

8.5 Right to information (Art. 19 GDPR)

If you have asserted us your right to rectification, erasure or restriction of data processing, we will inform all recipients of your personal data to correct, delete or restrict the processing of data, unless this proves impossible or involves disproportionate effort.
You also have the right to know which recipients have received your personal data.

8.6 Right to data portability (Art. 20 GDPR)

You have the right to receive your personal data, which you provided to us, in a structured, commonly used and machine-readable format. Also, you have the right to transmit those data to another controller, where

• the processing is based on consent pursuant of Art. 6 para. 1 s.1 lit. a) GDPR or of Art. 9 para. 2 lit. a) GDPR or is based on a contract pursuant of Art. 6 para. 1 s. 1 lit. b) DS-GVO; and
• the processing is carried out by automated means.

In exercising your right to data portability, you have the right to obtain that personal data transmitted directly from us to another controller, as far as technically feasible. The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority that has been delegated to us.

8.7 Right to object (Art. 21 GDPR)

Where we based the processing of your personal data on a legitimate interest (Art. 6 para. 1 s. 1 lit. f) GDPR), you may object to the processing. The same applies if the data processing is based on Art. 6 para. 1 s. 1 lit. e).
In this case, we ask you to explain the reasons why we should not process your personal data. Based on this we will terminate or adapt the data processing or show you our legitimate reasons why we continue the data processing.

8.8 Right to lodge a complaint with supervisory authority (Art. 77 GDPR)

Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your residence, place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you is against the infringes of the GDPR.
The supervisory authority to which the complaint has been submitted shall inform you of the status and results of the complaint, including the possibility of a judicial remedy according to Article 78 GDPR.

9 How you perceive these rights

To exercise these rights, please contact our data protection officer:
Kemal Webersohn from Webersohn & Scholtz GmbH
berliner-grossmarkt@ws-datenschutz.de
or by mail:
WS Datenschutz GmbH
Dircksenstraße 51
D-10178 Berlin

10 Subject to change

We reserve the right to change this privacy policy in compliance with legal requirements.
August 2023