For modern companies, the use of electronic data processing systems (EDP) is indispensable nowadays. Naturally, we do our utmost to comply with the legal regulations.
The use of our website is possible without any indication of personal data. However, if a data subject wants to use special services of our enterprise via our website, processing of personal data could become necessary. If processing of personal data is necessary and if there is no legal basis for such processing, we will generally obtain the consent of the data subject.
- General / Definitions
This data protection declaration is based on terms used in the DS-GVO and is intended to be easily readable and understandable for every person. We would therefore like to explain various terms in advance:
- (a) personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as '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 online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- (b) person/persons concerned
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
- (c) Processing
Processing is any operation or set of operations, performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- (d) Restriction on processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
- (e) Profiling
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 analyse or predict aspects relating to that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, conduct, location or change of location.
- f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data is not attributed to an identified or identifiable natural person.
- (g) Responsible person
The controller 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 determined by Union law or by the law of the Member States, provision may be made for the controller to be designated in accordance with Union law or the law of the Member States, or for the criteria for designation.
- (h) processors
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
- (i) Recipient
The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not it is a third party. However, authorities which may receive personal data in the course of a specific investigation, in accordance with Union or national law, shall not be considered as recipients.
- j) Third party
Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process the personal data.
- (k) Consent
Consent shall mean any freely given specific and informed expression of the data subject's will in an informed and unequivocal manner, in the form of a declaration or other unequivocal affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.
- Information on the collection of personal data
(1) In the following we inform about the collection of personal data when using our website. Personal data are all data that can be related to you personally, e.g. name, address, e-mail addresses, user behaviour, etc.
(2) The responsible party pursuant to Art. 4 (7) of the EU General Data Protection Regulation (DS-GVO) is the
(3) Our data protection officer is:
Mr. Sascha Weller, Attorney at Law - Institute for Data Protection Law
Tel.: 0841 / 885 167 15
Fax: 0841 / 885 167 22
(4) When you contact us by e-mail or via a contact form, the data you provide us with (your e-mail address, your name and your telephone number, if applicable) is automatically stored by us in order to answer your questions. Such personal data transmitted voluntarily by a data subject to the data controller will be stored solely for the purpose of processing or contacting the data subject. We delete the data arising in this connection after storage is no longer necessary or restrict processing if there are legal storage obligations.
(5) If we wish to use commissioned service providers for individual functions of our offer or to use your data for advertising purposes, we will inform you in detail about the respective processes below. We will also state the specified criteria for the storage period.
(6) As the data controller, we have implemented numerous technical and organisational measures to ensure that the personal data processed via this website is protected as completely as possible. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, such as by telephone.
(7) As a responsible company, we refrain from automatic decision making or profiling.
- Your rights
(1) You have the following rights in relation to the personal data concerning you:
- – Right to information:
Any person concerned by the processing of personal data has the right granted by the GDPR to obtain from the controller, at any time and free of charge, information about the personal data stored about him or her and a copy of that information. Furthermore, the European Directive and Regulation has granted the data subject access to the following information:
(a) the purposes of the processing
(b) the categories of personal data processed
(c) the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients
in third countries or international organisations
(d) if possible, the envisaged duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
(e) the existence of a right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or a right to object to such processing
f) the existence of a right of appeal to a supervisory authority
g) if the personal data are not collected from the data subject: Any available information on the origin of the data
h) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject
In addition, the data subject has the right to be informed whether personal data have been transferred to a third country or to an international organisation. 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.
- – Right to withdraw consent under data protection law:
Any person affected by the processing of personal data has the right to withdraw his/her consent to the processing of personal data at any time.
If a data subject wishes to exercise this right of withdrawal of consent, he or she may, at any time and by any means of communication, contact a member of staff of the controller.
- – Right of rectification:
The data subject shall have the right to obtain from the controller the rectification without delay of inaccurate personal data concerning him/her. Having regard to the purposes of the processing, the data subject shall have the right to request the completion of incomplete personal data, including by means of a supplementary declaration.
If a data subject wishes to exercise this right of access, he or she may at any time contact an employee of the controller.
- – Right to erasure / right to be forgotten:
The data subject shall have the right to request the controller to delete personal data relating to him/her without undue delay and the controller shall be obliged to delete personal data without undue delay if one of the following reasons applies:
(a) the personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
b) the data subject withdraws the consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) and there is no other legal basis for the processing.
c) the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2).
d) the personal data have been processed unlawfully.
e) the erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
f) the personal data have been collected in relation to information society services offered in accordance with Article 8(1).
If a data subject wishes to exercise the right to erasure / the right to be forgotten, he or she may, at any time, contact any employee of the controller.
If we have made the personal data public and we are obliged to erase it pursuant to Article 17(1) of the GDPR, we shall, taking into account the available technology and the cost of implementation, implement reasonable measures, including those of a technical nature, to inform data controllers which process the personal data that a data subject has requested that they erase all links to, or copies or replications of, such personal data. Our staff will arrange the necessary measures.
- – Right to restriction of processing:
The data subject shall have the right to obtain from the controller the restriction of the processing if one of the following conditions is met:
(a) 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,
b) the processing is unlawful and the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data;
c) the controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the establishment, exercise or defence of legal claims; or
d) the data subject has objected to the processing pursuant to Article 21(1) as long as it is not yet established whether the legitimate grounds of the controller override those of the data subject.
If a data subject wishes to exercise this right to limit processing, he or she may at any time contact a member of the staff of the controller.
- – Right to object to processing:
Every person concerned by the processing of personal data has the right granted by the DPA to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her that is carried out pursuant to Article 6(1)(e) or (f) of the DPA. This also applies to profiling based on these provisions.
In the event of an objection, we will no longer process the personal data unless we can demonstrate compelling reasons for processing which are worthy of protection and which outweigh the interests, rights and freedoms of the data subject, or unless the processing serves to assert, exercise or defend legal claims.
Where we process personal data for the purpose of direct marketing, the data subject shall have the right to object at any time to the processing of personal data for the purpose of such marketing. This also applies to profiling, insofar as it is connected with such direct marketing. If the data subject objects to the processing for the purposes of direct marketing, we will no longer process the personal data for those purposes.
In addition, the data subject has the right to object, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her carried out at our premises for the purposes of scientific or historical research or for statistical purposes, in accordance with Article 89 (1) of the DPA, unless such processing is necessary for the performance of a task carried out in the public interest.
In order to exercise the right to object, the data subject may contact any member of staff directly. The data subject shall also be free to exercise his right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures involving technical specifications.
- – Right to data portability:
The data subject shall have the right to obtain the personal data concerning him/her which he/she has supplied to a controller in a structured, common and machine-readable format and the right to have such data communicated to another controller without interference by the controller to whom the personal data have been supplied, provided that
(a) the processing is based on consent pursuant to Article 6(1)(a) or Article 9(2)(a) or on a contract pursuant to Article 6(1)(b); and
b) the processing is carried out with the aid of automated procedures.
When exercising their right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to obtain that the personal data be transferred directly from one controller to another controller where this is technically feasible and does not adversely affect the rights and freedoms of other individuals.
If a data subject wishes to exercise the right to data portability, he or she may, at any time, contact any employee of the controller.
- – Automated decision in individual cases including profiling
Every data subject shall have the right granted by the DPA not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or significantly affects him or her in a similar way, provided that the decision
(1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or
(2) is authorised by Union law or the law of the Member States to which the controller is subject and that law contains adequate measures to safeguard the rights and freedoms and legitimate interests of the data subject; or
(3) with the express consent of the data subject.
Where the decision is necessary for the conclusion or performance of a contract between the data subject and the controller, or is taken with the express consent of the data subject, we shall take reasonable steps to safeguard the rights and freedoms and legitimate interests of the data subject, including at least the right to obtain the intervention of the controller, to put forward his point of view and to challenge the decision.
If the data subject wishes to assert rights relating to automated decisions, he or she may at any time contact an employee of the controller.
(2) You also have the right to complain to a data protection supervisory authority about our processing of your personal data.
- Collection of personal data when visiting our website / cookies
(1) In the case of mere informational use of our website, i.e. if you do not register or otherwise transmit information to us, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure stability and security (legal basis is Art. 6 para. 1 p. 1 lit. f DS-GVO):
- IP address
- Date and time of the request
- Time zone difference from Greenwich Mean Time (GMT)
- Internet service provider of the accessing system
- Content of the request (concrete page)
- Access Status/HTTP Status Code
- Data volume transferred in each case
- Website from which the request comes (referrer)
- Operating system and its interface
- Language and version of the browser software.
(2) In addition to the data mentioned above, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive in accordance with the browser you are using and through which certain information is transmitted to the site that sets the cookie (in this case, by us). Cookies cannot execute programs or transfer viruses to your computer. They are used to make the Internet offer as a whole more user-friendly and effective.
4.1 Borlabs Cookie
(1) This website uses borlabs cookie, which sets two technically necessary cookies (borlabsCookie and borlabsCookieUnblockContent) to store your cookie preferences.
(2) The legal basis for the processing of your data is Art. 6 para. 1 p. 1 lit. f DSGVO. The legitimate interest lies in the user-friendliness of the website as well as in the fulfilment of the legal requirements from the DSGVO.
(3) Borlabs Cookie does not process any personal data.
(4) The cookie "borlabsCookie" stores your chosen preference, which you selected when entering the website. The cookie borlabsCookieUnblockContent stores which (external) media/content you would like to have automatically unblocked. If you want to revoke these settings, simply delete the cookies in your browser. When you re-enter or reload the website, you will be asked again for your cookie preference.
5. further functions and offers of our website
(1) In addition to the purely informative use of our website, we offer various services which you can use if you are interested. For this purpose, you will generally have to provide additional personal data which we use to provide the respective service and to which the aforementioned data processing principles apply.
(2) In some cases we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are checked regularly.
(3) The hosting services used by us serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services, which we use for the purpose of operating this online offer.
In doing so, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta data and communication data of customers, interested parties and visitors of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer pursuant to Art. 6 (1) lit. f DSGVO in conjunction with Art. 28 DSGVO. Art. 28 DSGVO.
(4) Furthermore, we may pass on your personal data to third parties if we offer campaigns, competitions, contract conclusions or similar services together with partners. You will receive more detailed information on this when you provide your personal data or in the description of the offer below.
(5) Insofar as our service providers or partners are based in a state outside the European Economic Area (EEA), we will inform you of the consequences of this circumstance in the description of the offer.
6. data protection for applications
The controller collects and processes the personal data of applicants for the purpose of processing the application procedure. The processing may also be carried out by electronic means. This is particularly the case if an applicant submits the relevant application documents to the data controller electronically, for example by e-mail or via a contact form on the website. If the data controller concludes an employment contract with an applicant, the transmitted data will be stored in compliance with the statutory provisions for the purpose of processing the employment contract. If the controller does not conclude an employment contract with the applicant, the application documents shall be automatically deleted, unless deletion is contrary to any other legitimate interests of the controller. Other legitimate interests in this sense include, for example, a duty of proof in proceedings under the General Equal Treatment Act (AGG).
The processing of applicant data is carried out to fulfil our (pre-)contractual obligations within the framework of the application procedure in accordance with article 6 paragraph 1 letter b. DSGVO Art. 6 para. 1 lit. f. DSGVO if the data processing becomes necessary for us, e.g. within the framework of legal procedures (in Germany, § 26 BDSG applies additionally).
7. objection or revocation against the processing of your data
(1) If you have given your consent to the processing of your data, you may revoke it at any time and by any means of communication. Such revocation will affect the permissibility of processing your personal data after you have given it to us.
(2) Insofar as we base the processing of your personal data on the weighing of interests, you may object to the processing. This is the case if the processing is in particular not necessary for the fulfilment of a contract with you, which is described by us in the following description of the functions. In the event of such an objection, we request that you explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the facts of the case and will either stop or adapt the data processing or show you our compelling reasons worthy of protection on the basis of which we will continue the processing.
(3) Of course, you can object to the processing of your personal data for advertising and data analysis purposes at any time. You can contact us about your objection to advertising at the address given under point 2 (2).
8. legal or contractual provisions on the provision of personal data/requirement for the conclusion of a contract/consequences of non-supply/deletion
(1) We would like to inform you that the provision of personal data is partly required by law. However, it may also be possible that a data subject must provide us with personal data in order for a contract to be performed. Failure to provide it would mean that the contract could not be concluded. Our employees will be happy to answer any questions you may have in individual cases.
(2) The data processed by us will be deleted or restricted in its processing in accordance with Articles 17 and 18 DSGVO. Unless expressly stated within the scope of this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. I.e. the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law.
According to legal requirements, data is stored for 10 years in accordance with §§ 147 para. 1 AO, 257 para. 1 nos. 1 and 4, para. 4 HGB (books, records, management reports, accounting vouchers, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with § 257 para. 1 nos. 2 and 3, para. 4 HGB (commercial letters).
9. zoho Bookings
(1) On our website you have the possibility to make appointments with us. For booking appointments, we use the tool "Zoho Bookings", a service of Zoho CORPORATION B. V. (Hoogoorddreef 15, 1101 BA, Amsterdam, The Netherlands) and Zoho Corporation GmbH, Trinkausstraße 7, 40213 Düsseldorf, Germany. Zoho Corporation Pvt. Ltd. (Estancia IT Park, Plot No. 140 & 151, GST Road, Vallancherry Village, Chengalpattu Taluk, Kanchipuram District 603 202, India) is involved in the provision of Zoho. Please note that while India, as a third country, does not have an adequate level of data protection and has not received an adequacy decision from the EU Commission, Zoho Corporation Pvt. Ltd has provided sufficient guarantees to ensure an adequate level of data protection.
(2) For the purpose of booking an appointment, enter the requested data and the desired date in the mask provided. The entered data will be used for the planning, execution and, if necessary, the follow-up of the appointment. The appointment data is stored for us on the Zoho CRM servers. Details on the functions of Zoho CRM can be found here: https://www.zoho.com/de/crm/help/getting-started/key-features.html.
(3) The data you enter will remain with us until you request us to delete it, revoke your consent to store it or the purpose for storing the data no longer applies. Mandatory legal provisions - in particular retention periods - remain unaffected.
(4) The legal basis for data processing is Art. 6 para. 1 lit. f) DSGVO. Insofar as a corresponding consent has been given, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a) DSGVO; the consent can be revoked at any time.
(6) We have concluded an order processing contract with Zoho CRM. This is a contract required by data protection law, which ensures that Zoho CRM only processes the personal data of our website visitors according to our instructions and in compliance with the GDPR.
10. online advertising
1. use of Google AdSense
(1) This website uses the online advertising service Google AdSense, through which you can be presented with advertising tailored to your interests. We do this in the interest of showing you advertising that may be of interest to you, in order to make our website more interesting for you. For this purpose, statistical information about you is collected and processed by our advertising partners. These advertisements are recognisable by the reference "Google ads" in the respective advertisement.
(2) By visiting our website, Google receives the information that you have accessed our website. For this purpose, Google uses a web beacon to set a cookie on your computer. The data mentioned under point 4 of this declaration is transmitted. We have no influence on the data collected, nor do we know the full extent of the data collection and the storage period. Your data will be transferred to the USA and evaluated there. If you are logged in with your Google account, your data can be directly assigned to it.
If you do not wish to be associated with your Google profile, you must log out. It is possible that this data will be passed on to third parties and authorities to contractual partners of Google. The legal basis for the processing of your data is Art. 6 para. 1 p. 1 lit. f DS-GVO. This website does not display third-party ads via Google AdSense.
(3) You can prevent the installation of cookies from Google AdSense in various ways:
a) by adjusting your browser software accordingly; in particular, the suppression of third-party cookies will result in you not receiving any third-party ads;
b) by deactivating Google's interest-based ads via the link https://www.google.de/ads/preferences, whereby this setting will be deleted when you delete your cookies;
c) by opting out of interest-based ads from the providers that are part of the self-regulatory campaign "About Ads" via the link https://www.aboutads.info/choices, which setting will be deleted when you delete your cookies;
d) by permanently deactivating them in your Firefox, Internetexplorer or Google Chrome browsers at the link https://www.google.com/settings/ads/plugin. We would like to point out that in this case you may not be able to use all functions of this offer to their full extent.
11. use of Google Ads Conversion
(1) We use the Google Ads service to draw attention to our attractive offers on external websites with the help of advertising media (so-called Google Ads). We can determine how successful the individual advertising measures are in relation to the data of the advertising campaigns. In this way, we pursue the interest of showing you advertising that is of interest to you, making our website more interesting for you and achieving a fair calculation of advertising costs.
(2) These advertisements are delivered by Google via so-called "ad servers". For this purpose, we use ad server cookies, which can be used to measure certain parameters for measuring success, such as the display of ads or clicks by users. If you access our website via a Google ad, Google Ads will store a cookie on your PC. These cookies usually expire after 30 days and are not intended to identify you personally. The unique cookie ID, number of ad impressions per placement (frequency), last impression (relevant for post-view conversions) and opt-out information (marking that the user no longer wishes to be contacted) are usually stored as analysis values for this cookie.
no longer wishes to be contacted).
(3) These cookies enable Google to recognise your internet browser. If a user visits certain pages of an Ads customer's website and the cookie stored on their computer has not yet expired, Google and the customer can recognise that the user has clicked on the ad and been redirected to that page. A different cookie is assigned to each Ads customer. Cookies can therefore not be tracked via the websites of Ads customers. We ourselves do not collect or process any personal data in the aforementioned advertising measures. We only receive statistical evaluations from Google. These evaluations enable us to recognise which of the advertising measures used are particularly effective. We do not receive any further data from the use of the advertising media; in particular, we cannot identify the users on the basis of this information.
(4) Due to the marketing tools used, your browser automatically establishes a direct connection with the Google server. We have no influence on the scope and further use of the data collected by Google through the use of this tool and therefore inform you according to our state of knowledge: Through the integration of Ads Conversion, Google receives the information that you have called up the corresponding part of our website or clicked on an advertisement from us. If you are registered with a Google service, Google can assign the visit to your account. Even if you are not registered with Google or have not logged in, it is possible that the provider may obtain and store your IP address.
(5) You can prevent participation in this tracking procedure in various ways:
a) by an appropriate setting of your browser software, in particular the suppression of third-party cookies will result in you not receiving any third-party ads;
b) by disabling conversion tracking cookies by setting your browser to block cookies from the domain "www.googleadservices.com", https://www.google.de/settings/ads, which setting will be deleted when you delete yourCookies;
c) by deactivating the interest-based ads of the providers that are part of the self-regulation campaign "About Ads" via the link https://www.aboutads.info/choices, whereby this setting is deleted when you delete your cookies; d) by permanently deactivating them in your browsers Firefox, Internetexplorer or Google Chrome under the link https://www.google.com/settings/ads/plugin. We would like to point out that in this case you may not be able to use all functions of this offer to their full extent.
(6) The legal basis for the processing of your data is Art. 6 para. 1 p. 1 lit. f DS-GVO. Further information on data protection at Google can be found here: https://www.google.com/intl/de/policies/privacy and https://services.google.com/sitestats/de.html. Alternatively, you can visit the website of the Network Advertising Initiative (NAI) at https://www.networkadvertising.org.
In addition to Ads Conversion, we use the Google Remarketing application. This is a procedure with which we would like to address you again. Through this application, you can be shown our advertisements when you continue to use the internet after visiting our website. This is done by means of cookies stored in your browser, which Google uses to record and evaluate your usage behaviour when you visit various websites. In this way, Google can determine your previous visit to our website. According to its own statements, Google does not combine the data collected in the course of remarketing with your personal data, which may be stored by Google. In particular, according to Google, pseudonymisation is used in remarketing.
13. google ads "lead form extensions
(1) Lead form extensions allow us to capture leads, i.e. contact requests, directly through our Google ads. We hereby give our interested parties and potential customers an easy option to contact us directly.
(2) The following personal data may be collected: Name, email address, telephone number and postcode. The leads generated in this way are stored by Google for a maximum of 30 days.
(3) In addition, there are two tracking options for the lead extension. If the interested party clicks on the CTA button, a micro conversion is generated. If he sends the completed lead form, the actual lead conversion results. Through this tracking function, the performance of the lead extension can be analysed and thus the extension can be continuously optimised.
(4) This service is used in accordance with Art. 6 (1) f) DSGVO on the basis of our legitimate interest. This consists of interested parties searching for our company on Google being able to contact us directly via the advertisement.