Privacy Policy

Information about the handling of your personal data

1) Introduction and Contact Details of the Controller

1.1

We are pleased that you are visiting our website and thank you for your interest. Below we inform you about the handling of your personal data when using our website. Personal data is any data by which you can be personally identified.

1.2

The controller responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Mirko Braukmüller, Mullberger Str. 83, 26639 Wiesmoor, Germany, Tel.: +49 1520 2490924, E-Mail: office@brauker.de. The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.

2) Data Collection When Visiting Our Website

2.1

When using our website for informational purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the data that your browser transmits to the server (so-called "server log files"). When you access our website, we collect the following data, which is technically necessary for us to display the website:

  • Our visited website
  • Date and time of access
  • Amount of data sent in bytes
  • Source/reference from which you reached the page
  • Browser used
  • Operating system used
  • IP address used (if applicable: in anonymized form)

The processing is carried out in accordance with Art. 6(1)(f) GDPR based on our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files retrospectively if there are concrete indications of illegal use.

2.2

This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g., orders or inquiries to the controller). You can recognize an encrypted connection by the character string "https://" and the lock symbol in your browser line.

3) Hosting & Content Delivery Network

For hosting our website and displaying the content, we use a provider who provides its services exclusively on servers within the European Union, either itself or through selected subcontractors.

All data collected on our website is processed on these servers.

We have concluded a data processing agreement with the provider, which ensures the protection of our website visitors' data and prohibits unauthorized disclosure to third parties.

4) Cookies

To make visiting our website attractive and to enable the use of certain functions, we use cookies, i.e. small text files that are stored on your device. Some of these cookies are deleted again after you close your browser (so-called "session cookies"), others remain on your device and allow us to save your settings (so-called "persistent cookies"). You can find the storage duration in your browser's cookie settings.

If personal data is also processed by individual cookies used by us, the processing is carried out in accordance with Art. 6(1)(b) GDPR either for the performance of the contract, in accordance with Art. 6(1)(a) GDPR in the event of consent, or in accordance with Art. 6(1)(f) GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the site visit.

You can set your browser so that you are informed about the setting of cookies and can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or in general.

Please note that if you do not accept cookies, the functionality of our website may be limited.

5) Contacting Us

5.1 WhatsApp Business

We offer visitors to our website the opportunity to contact us via the WhatsApp messaging service of WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. For this purpose, we use the so-called "Business Version" of WhatsApp.

If you contact us via WhatsApp in connection with a specific business transaction (e.g., an order placed), we store and use the mobile phone number you use on WhatsApp and, if provided, your first and last name in accordance with Art. 6(1)(b) GDPR to process and respond to your request. On the same legal basis, we may ask you for further data (order number, customer number, address, or email address) via WhatsApp to assign your request to a specific process.

If you use our WhatsApp contact for general inquiries (e.g., about our range of services, availability, or our website), we store and use the mobile phone number you use on WhatsApp and, if provided, your first and last name in accordance with Art. 6(1)(f) GDPR based on our legitimate interest in providing the requested information efficiently and promptly.

Your data will only be used to respond to your WhatsApp inquiry. It will not be passed on to third parties.

Please note that WhatsApp Business has access to the address book of the mobile device we use for this purpose and automatically transmits stored phone numbers to a server of the parent company Meta Platforms Inc. in the USA. For our WhatsApp Business account, we use a mobile device whose address book only contains WhatsApp contact details of users who have contacted us via WhatsApp.

This ensures that every person whose WhatsApp contact details are stored in our address book has already consented to the transmission of their WhatsApp phone number from the address books of their chat contacts in accordance with Art. 6(1)(a) GDPR by accepting the WhatsApp terms of use when first using the app on their device. The transmission of data from users who do not use WhatsApp and/or have not contacted us via WhatsApp is thus excluded.

For the purpose and scope of data collection and further processing and use of the data by WhatsApp, as well as your rights and settings options to protect your privacy, please refer to WhatsApp's privacy policy: https://www.whatsapp.com/legal/?eea=1#privacy-policy

We have concluded a data processing agreement with the provider that protects our website visitors' data and prohibits disclosure to third parties.

In the context of the above processing, data may be transferred to servers of Meta Platforms Inc. in the USA.

For data transfers to the USA, the provider is certified under the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection based on an adequacy decision by the European Commission.

5.2

When you contact us (e.g., via contact form or email), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of responding to your request or for contacting you and the associated technical administration.

The legal basis for processing this data is our legitimate interest in responding to your request in accordance with Art. 6(1)(f) GDPR. If your contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6(1)(b) GDPR. Your data will be deleted after final processing of your request, provided that there are no legal retention obligations.

6) Use of Customer Data for Direct Advertising

6.1 Subscription to Our Email Newsletter

If you subscribe to our email newsletter, we will regularly send you information about our offers. The only mandatory information for sending the newsletter is your email address. Providing further data is voluntary and is used to address you personally. We use the so-called double opt-in procedure for sending the newsletter. This means that we will only send you an email newsletter if you have expressly confirmed that you consent to receiving newsletters. We will then send you a confirmation email asking you to confirm that you wish to receive the newsletter in the future by clicking on a corresponding link.

By activating the confirmation link, you give us your consent to use your personal data in accordance with Art. 6(1)(a) GDPR. When registering for the newsletter, we store your IP address entered by your Internet service provider (ISP) as well as the date and time of registration to be able to trace any possible misuse of your email address at a later date. The data collected by us during registration for the newsletter is used exclusively for the purpose of advertising via the newsletter. You can unsubscribe from the newsletter at any time via the link provided in the newsletter or by sending a corresponding message to the controller named above. After unsubscribing, your email address will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.

6.2 Sending the Email Newsletter to Existing Customers

If you have provided us with your email address when purchasing goods or services, we reserve the right to regularly send you offers for similar goods or services from our range by email. For this, we do not need to obtain separate consent from you in accordance with § 7(3) UWG (German Act Against Unfair Competition). Data processing is carried out solely on the basis of our legitimate interest in personalized direct advertising in accordance with Art. 6(1)(f) GDPR. If you have initially objected to the use of your email address for this purpose, no mail will be sent by us.

You are entitled to object to the use of your email address for the aforementioned advertising purpose at any time with effect for the future by notifying the controller named above. For this, you will only incur transmission costs according to the basic rates. After receiving your objection, the use of your email address for advertising purposes will be stopped immediately.

6.3 WhatsApp Newsletter

If you subscribe to our WhatsApp newsletter, we will regularly send you information about our offers via WhatsApp. The only mandatory information for sending the newsletter is your mobile phone number.

To send the newsletter, add our provided mobile phone number to your device's contacts and send us the message "Start" via WhatsApp. By sending this WhatsApp message, you give us your consent to use your personal data in accordance with Art. 6(1)(a) GDPR for the purpose of sending the newsletter. We will then add you to our newsletter distribution list.

The data collected by us during registration for the newsletter is used exclusively for the purpose of advertising via the newsletter. You can unsubscribe from the newsletter at any time by sending us the message "Stop" via WhatsApp. After unsubscribing, your mobile phone number will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.

Please note that WhatsApp Business has access to the address book of the mobile device we use for this purpose and automatically transmits stored phone numbers to a server of the parent company Meta Platforms Inc. in the USA.

For sending our WhatsApp newsletter, we therefore use a mobile device whose address book only contains the WhatsApp contact details of our newsletter recipients. This ensures that every person whose WhatsApp contact details are stored in our address book has already consented to the transmission of their WhatsApp phone number from the address books of their chat contacts in accordance with Art. 6(1)(a) GDPR by accepting the WhatsApp terms of use when first using the app on their device. The transmission of data from users who do not use WhatsApp and/or have not contacted us via WhatsApp is thus excluded.

For the purpose and scope of data collection and further processing and use of the data by WhatsApp, as well as your rights and settings options to protect your privacy, please refer to WhatsApp's privacy policy: https://www.whatsapp.com/legal/?eea=1#privacy-policy

We have concluded a data processing agreement with WhatsApp that protects our newsletter recipients' data and prohibits disclosure to third parties.

In the context of the above processing, data may be transferred to servers of Meta Platforms Inc. in the USA.

For data transfers to the USA, the provider is certified under the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection based on an adequacy decision by the European Commission.

7) Website Features

7.1 Facebook Plugins

Our website uses plugins from the social network of the following provider: Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland

These plugins enable direct interactions with content on the social network.

To increase the protection of your data when visiting our website, the plugins are initially deactivated using the so-called "2-click" or "Shariff" solution.

This integration ensures that when you access a page of our website that contains such plugins, no connection is made to the provider's servers yet.

Only when you activate the plugins and thus give your consent to data transmission in accordance with Art. 6(1)(a) GDPR does your browser establish a direct connection to the provider's servers. In this case, regardless of a login to an existing user profile, certain information about your device (including your IP address), your browser, and your page history is transmitted to the provider and may be further processed there.

If you are logged into an existing user profile on the provider's social network, information about interactions carried out via the plugins is also published there and displayed to your contacts. You can revoke your consent at any time by deactivating the activated plugin again. The revocation has no effect on data already transmitted to the provider.

Data may also be transferred to: Meta Platforms Inc., USA

We have concluded a data processing agreement with the provider that ensures the protection of our website visitors' data and prohibits unauthorized disclosure to third parties.

For data transfers to the USA, the provider is certified under the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection based on an adequacy decision by the European Commission.

8) Tools and Other Services

Cookie Consent Tool

This website uses a so-called "cookie consent tool" to obtain effective user consent for cookies and cookie-based applications requiring consent. The "cookie consent tool" is displayed to users as an interactive user interface when the page is accessed, where consents for certain cookies and/or cookie-based applications can be given by ticking a box. Only if the user gives the corresponding consent by ticking the box will such cookies/services be loaded. This ensures that such cookies are only set on the user's device if consent has been given.

The tool sets technically necessary cookies to store your cookie preferences. Personal user data is generally not processed in this context.

If, in individual cases, personal data (such as the IP address) is processed for the purpose of storage, allocation, or logging of cookie settings, this is done in accordance with Art. 6(1)(f) GDPR based on our legitimate interest in a legally compliant, user-specific, and user-friendly consent management for cookies and thus in a legally compliant design of our website.

Another legal basis for processing is Art. 6(1)(c) GDPR. As controllers, we are legally obliged to make the use of technically unnecessary cookies dependent on the respective user consent.

If necessary, we have concluded a data processing agreement with the provider, which ensures the protection of our website visitors' data and prohibits unauthorized disclosure to third parties.

Further information on the operator and the settings options of the cookie consent tool can be found directly in the corresponding user interface on our website.

9) Rights of the Data Subject

9.1

Applicable data protection law grants you the following rights vis-à-vis the controller with regard to the processing of your personal data (rights of access and intervention), with reference to the legal basis for the respective exercise requirements:

  • Right of access pursuant to Art. 15 GDPR;
  • Right to rectification pursuant to Art. 16 GDPR;
  • Right to erasure pursuant to Art. 17 GDPR;
  • Right to restriction of processing pursuant to Art. 18 GDPR;
  • Right to notification pursuant to Art. 19 GDPR;
  • Right to data portability pursuant to Art. 20 GDPR;
  • Right to withdraw consent granted pursuant to Art. 7(3) GDPR;
  • Right to lodge a complaint pursuant to Art. 77 GDPR.

9.2 RIGHT TO OBJECT

IF WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST IN THE CONTEXT OF A BALANCING OF INTERESTS, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION, WITH EFFECT FOR THE FUTURE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, FURTHER PROCESSING REMAINS RESERVED IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, RIGHTS, AND FREEDOMS, OR IF THE PROCESSING SERVES THE ASSERTION, EXERCISE, OR DEFENSE OF LEGAL CLAIMS.

IF YOUR PERSONAL DATA IS PROCESSED BY US FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR SUCH MARKETING. YOU CAN EXERCISE THE OBJECTION AS DESCRIBED ABOVE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.

10) Duration of Storage of Personal Data

The duration of the storage of personal data is determined by the respective legal basis, the purpose of processing, and-if relevant-by the respective statutory retention period (e.g., commercial and tax retention periods).

When processing personal data based on explicit consent in accordance with Art. 6(1)(a) GDPR, the data concerned will be stored until you revoke your consent.

If there are statutory retention periods for data that are processed in the context of legal or quasi-legal obligations on the basis of Art. 6(1)(b) GDPR, this data will be routinely deleted after the retention periods have expired, provided that it is no longer required for contract performance or contract initiation and/or there is no legitimate interest on our part in further storage.

When processing personal data on the basis of Art. 6(1)(f) GDPR, this data will be stored until you exercise your right to object in accordance with Art. 21(1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing serves the assertion, exercise, or defense of legal claims.

When processing personal data for direct marketing purposes on the basis of Art. 6(1)(f) GDPR, this data will be stored until you exercise your right to object in accordance with Art. 21(2) GDPR.

Unless otherwise stated in the other information in this declaration about specific processing situations, stored personal data will otherwise be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.