We, BA Clearance GmbH, take the protection of your personal
data very seriously. We treat your personal data confidentially and in
accordance with the legal regulations of the relevant data protection laws, in
particular the European General Data Protection Regulation (GDPR) and this data
protection declaration.
This privacy policy applies to the use of BA Clearance
GmbH's digital offerings, including our social media profiles via PC,
smartphones, tablets, and all other internet-enabled mobile devices.
The digital offerings may contain links to other websites of
third-party service providers to which this data protection declaration does
not apply.
Data Controller
The data controller for the processing of your personal data is:
BA Clearance GmbH
Am Sportplatz 8
07639 Tautenhain
Email: info@ba-clearance.eu
Phone: +49 9120 5812 907
You can also reach our data protection officer there, with
the addition "data protection" or at the email address:
datenschutz@ba-clearance.eu.
Purpose of processing personal data
2.1 DATA PROCESSING FOR THE PROVISION OF CONTRACTUAL SERVICES
We process personal data to fulfill contractual
relationships and to be able to offer contractually appropriate offers. The
data is collected in particular for the conclusion or execution of a contract.
For your order, we need at least your name, if available the
company name, your address data, and your email address. We request your
communication data (address, telephone number, email address, names of contact
persons) so that we can communicate with you in case of questions or problems
regarding the service you have commissioned.
From our business partners and service providers, we require
their names, addresses, and email addresses for the purpose of performing the
contractual relationship, as well as bank details for payment of the
commissioned service.
If you provide further data, we will also use it for the
aforementioned purposes, even if it is not absolutely necessary for the
conclusion of the contract.
The legal basis for data processing is Art. 6 (1) sentence 1
lit. b GDPR, which allows the processing of data to fulfill a contract or
pre-contractual measures.
2.2 LOGIN AREA
We offer the possibility to use our service for checking
wage IDs on our website after appropriate conclusion of the contract. In this
case, your previously communicated email address is used as the username. We
will then send you a link to which you can assign an individual password, which
is then used for login. You also have the option of changing the password later
in the login area.
The personal data you enter will only be processed within
the scope of using the customer area to offer you the associated services that
can only be offered to registered users.
The legal basis for data processing is Art. 6 (1) sentence 1
lit. b GDPR, which allows the processing of data to fulfill a contract or
pre-contractual measures.
As a logged-in user, you can then upload documents and
payslips or enter corresponding data manually to use our service in accordance
with the contractual agreement. This data processing takes place on the basis
of the previously concluded contract processing agreement with us.
2.3 DATA PROCESSING FOR COMMUNICATION WITH YOU
If you want to get in
touch with us, you also have the option on the website to open an email to us
with just one click. In this case, the email address associated with your email
program will be automatically used as the sender. If you do not want your email
address to be accessed in this way, you can change this in the settings of your
respective email program. We process your data to communicate with you and to
respond to your message. We have an interest in processing and potentially
answering your request, and the processing of your data for this purpose is based
on Art. 6 para. 1 sentence 1 lit. f GDPR, which allows the processing of data
to protect the legitimate interests of the controller, provided that the
interests or fundamental rights and freedoms of the data subject do not
outweigh them.
2.4 COOKIES
We may use cookies on
some of our websites to provide you with website-specific services, to
recognize you upon a repeated visit to our website, and/or to personalize our
offerings to your preferences. Cookies are small text files stored on a
visitor's computer that contain data about the respective user to enable access
to various functions. Our website uses both session cookies and permanent
cookies. A session cookie is temporarily stored on the computer you are using
while navigating through the website. A session cookie is deleted once you
close your internet browser or after a certain time when your session has
expired. A permanent cookie remains on your computer until it is deleted. By
storing a cookie, it ensures that you do not have to repeatedly enter your
personal settings and preferences on every visit. This saves you time and makes
using our website more comfortable for you. We may work with third parties on
some of our websites, and therefore, when you visit such a website, cookies from
partner companies may also be stored on your hard drive (third-party cookies).
We will inform you below about the use of such cookies and the extent of the
data collected in each case. You can delete permanently installed cookies
through your browser settings. Most browsers automatically accept cookies - so
if you want to suppress the use of cookies, you may need to actively delete or
block cookies or prevent the storage of cookies through a setting in your
browser software. However, please note that if you reject the use of cookies,
you may still be able to visit our website, but some functions may be impaired
in their operation. We use necessary cookies that are required to enable us to
provide the services owed by us or to ensure the functionality of our services.
The related data processing is then carried out on the basis of Art. 6 para. 1
sentence 1 lit. b GDPR, which permits the processing of data for the of a contract or pre-contractual measures or on the basis
of Art. 6 para. 1 sentence 1 lit. f DSGVO, which allows data processing to
safeguard the legitimate interests of the controller, unless the interests or
fundamental rights and freedoms of the data subject outweigh the interests of
the controller in processing the data. Our interest lies in offering and
ensuring the functionalities of the website. For the use of other non-essential
cookies, we may obtain your consent. Data processing is then based on your
consent in accordance with Art. 6 para. 1 sentence 1 lit. a DSGVO. You may revoke
your consent at any time. The lawfulness of data processing carried out prior
to the revocation shall remain unaffected.
2.5 DATA PROCESSING TO SAFEGUARD LEGITIMATE INTERESTS
We also process your
data if it is necessary to safeguard legitimate interests of ours or of third
parties. This may be particularly necessary to ensure IT security and
operation, especially in the case of support requests, to be able to comprehend
and document facts in the event of legal disputes, to statistically evaluate the
use of our website, and to advertise other products of ours or our cooperation
partners. The basis for data processing is Art. 6 para. 1 sentence 1 lit. f
DSGVO. We have a legitimate interest in the data processing mentioned above.
2.6 DATA PROCESSING FOR ADVERTISING PURPOSES
We use the data you provide to us
to send you recommendations and information about our products and services by
mail. The legal basis for data processing is Art. 6 para. 1 sentence 1 lit. f
GDPR, which allows the processing of data for the legitimate interests of the
data controller, provided that the interests or fundamental rights and freedoms
of the data subject do not outweigh those interests. Our interest is economic
and lies in promoting and selling our products and services.
In addition, we use your email
address to send you information about products and services of our group of
companies by email, if you have already purchased products or services from us.
You will receive these recommendations from us regardless of whether you have
subscribed to a newsletter. We want to provide you with information about
similar products and services from our range that may interest you based on
your recent purchases/orders from us. We strictly adhere to legal requirements.
If you no longer wish to receive
recommendations for products or services, or any other promotional
communication from us, you may object to this at any time. A notification in
text form to our contact details (e.g. email, fax, letter) is sufficient for
this purpose. The legal basis for data processing is Art. 6 para. 1 sentence 1
lit. f GDPR, which allows the processing of data for the legitimate interests
of the data controller, provided that the interests or fundamental rights and
freedoms of the data subject do not outweigh those interests. Our interest is
economic and lies in promoting and selling our products and services.
2.7 OTHER DATA PROCESSING BASED ON YOUR CONSENT
It may also happen that we request
your consent for processing personal data from you. Each granting of consent
and the relevant data processing is voluntary, and no disadvantages arise for
you if you do not consent.
The data processing is then based
on your consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR. You
can revoke your consent given to us at any time with effect for the future. A
simple notification to us is sufficient for this purpose. The lawfulness of
data processing already carried out remains unaffected by revocation.
2.8 LOG FILES
Whenever you access our websites,
usage data is transmitted by your internet browser and stored in log files,
known as server log files. The data records stored therein contain the
following data: browser type and browser version, operating system used,
referrer URL, time of the server request, truncated IP address.
This data cannot be assigned to
specific individuals. This data is not merged with other data sources. We
reserve the right to retrospectively check this data if we become aware of
concrete indications of illegal use.
The legal basis for data
processing is Art. 6 para. 1 sentence 1 lit. f GDPR, which permits the
processing of data for the protection of the legitimate interests of the
controller, provided that the interests or fundamental rights and freedoms of
the data subject do not outweigh such interests.
2.9 DATA PROCESSING TO FULFILL LEGAL OBLIGATIONS
In addition, we process your data
to fulfill legal obligations (e.g. supervisory requirements, commercial and tax
retention and verification obligations). It may also happen that we store a
copy of your ID to verify your identity and comply with the provisions of the
GwG.
The legal basis for data
processing is Art. 6 para. 1 sentence 1 lit. c GDPR, which permits processing
to fulfill a legal obligation.
3. CATEGORIES OF RECIPIENTS OF PERSONAL DATA
Your contract and
communication data will be forwarded to the responsible department and
employees within our company in order to respond to your inquiries, communicate
with you, carry out your order, or fulfill contractual obligations. If
necessary for the purpose of contract processing, or for the shipping and
delivery of products, data will be shared with partner companies that have been
commissioned to support contract processing. Our partners are obligated to
comply with and observe data protection regulations. In addition, our partners
are not permitted to use the data for any purpose other than contract
processing. This is based on Art. 6(1)(b) GDPR, which allows the processing of
data for the fulfillment of a contract or pre-contractual measures. We disclose
personal data to third parties who process personal data under their own
responsibility (so-called controllers, cf. Art. 4(7) GDPR), such as postal and
delivery services, banks, tax consultants/auditors, or authorities, within the
scope of legal permissibility and necessity. To the extent that we use services
of third parties for the implementation and processing of data processing, the
provisions of the General Data Protection Regulation are observed. Service
providers who support us in providing services to you include hosting
providers, email service providers, IT service providers, SaaS providers, and
payroll service providers.
4. DURATION OF DATA STORAGE
In principle, we delete
your data as soon as they are no longer necessary for the aforementioned
purposes, unless temporary storage is still necessary. For example, we store
your data due to legal retention and documentation obligations arising from
commercial and tax law. The storage periods for this are up to ten full years.
In addition, we keep your data for the time during which claims can be made
against our company (statutory limitation period of three or up to thirty
years).
5. DATA SECURITY
Your personal data is
transmitted securely by us through encryption. We use the SSL (Secure Socket
Layer) coding system for this purpose. You can recognize an encrypted
connection by the fact that the address line of the browser changes from
"http://" to "https://" and by the lock symbol in your
browser line. Furthermore, we secure our websites and other systems against
loss, destruction, access, modification, or distribution of your data by
unauthorized persons through technical and organizational measures.
DATA SUBJECT RIGHTS
You have the right, under the
applicable legal provisions, to obtain, at any time and free of charge,
information about your personal data stored with us, their origin and
recipients, the purpose of the data processing, and, if applicable, the right
to rectification, blocking, or erasure of such data. For this purpose, as well
as for any other questions relating to personal data, you may contact us at any
time using the contact details provided in section 1. Furthermore, you may be entitled
to request the restriction of the processing of your data and to receive the
data you have provided to us in a structured, commonly used, and
machine-readable format. If you have given us your consent to process personal
data for certain purposes, you may revoke your consent at any time with effect
for the future. If we process your data to safeguard legitimate interests, you
may object to this processing for reasons arising from your particular
situation. Additionally, you have the right to lodge a complaint with a
supervisory authority (right to lodge a complaint).
