Data protection

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Data protection

Any collection, processing and use (hereinafter “use”) of data is solely for the purpose of providing our services. The services of ANES Bauausführungen Berlin GmbH 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:

ANES Bauausführungen Berlin GmbH
Address: Adam-von-Trott-Straße 7, 13627 Berlin
Phone: +49 30 33306-0
E-Mail: info@anesbau.de
Homepage: https://www.anesbau.de/

1.2. Name and address of the Data Security Officer

The data security officer is:
Christian Scholtz of WS Datenschutz GmbH

If you have questions about data protection, you can contact WS Datenschutz GmbH at the following email address: anesbau@ws-datenschutz.de

WS Datenschutz GmbH
Dircksenstraße 51
D-10178 Berlin
https://www.ws-datenschutz.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 (order processing contract) 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
• Detection data of the browser and operating system used
• Website from which access is made

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) of the 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.

Furthermore, no input of your personal data is required to use our website.

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 30 month.

2.5. Right of objection and erasure
The data processing is necessary in order to present the website and to ensure the website’s operation. Therefore, objecting is impossible.

2.6. Strato

2.6.1. Description and scope of data processing
We use Strato’s services as a web hosting provider. The data is processed by: STRATO AG, Pascalstraße 10, 10587 Berlin, Germany.

Strato stores your data exclusively in Germany. IT security, data protection and availability are confirmed annually by an independent TÜV certification (ISO 27001). For more information on data protection at Strato: https://www.strato.de/datenschutz/#

2.6.2. Legal basis for data processing
The data processing is based on Art. 6 para. 1 s. 1 lit. f) GDPR. Our legitimate interest lies in ininforming you on the Internet about our services and making our website accessible to you.

2.6.3. Purpose of data processing
The data processing is carried out for the purpose of enabling the use of the website (connection setup). It is used for system security, the technical administration of the network infrastructure, as well as the optimization of the Internet offer.

2.6.4. Duration of data storage
Strato processes and stores personal data only for the period necessary to achieve the purpose of storage or if required by law. This is regularly the case after 30 months.

2.6.5. Right to objection and erasure
The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user. If you wish to exercise your legal rights or have general questions, please contact https://www.strato.de/datenschutz/# or the company data protection officer of STRATO AG.

3. Use of cookies

3.1. Description and scope of data processing
Our website is using cookies. Cookies are stored on your computer when you use our website. Cookies are small text files which are stored on your hard drive assigned to the browser you use. Through this information flows to us or the party who set the cookie. Cookies cannot run programs on or transmit viruses to your computer. Cookies 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:

• Frequency of website visits
• Which functions of the website are used by you
• Your cookie-settings
• Language settings
• Items in a shopping basket
• Used search terms

Upon entering this 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.

Note on data processing in the USA by Google:
By clicking on “Agree to all”, you consent in accordance with Art. 6 para. 1 s. 1 lit. a) GDPR that your data is processed in the USA. According to the ECJ, the data protection standard in the USA is insufficient and there is a risk that your data will be processed by the US authorities for control and monitoring purposes, possibly also without any legal remedy. If you only consent to the setting of essential cookies, the transfer will not take place. Consent given can be revoked at any time.

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)

a) 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.

b) Persistent cookies are automatically deleted after a specified period, which may differ depending on the cookie.

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. 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.
accordance with the rules of the local erasure concept. In doing so the provisions of the AGG (German Employment Law), especially the existing evidence pursuant to § 22 AGG, are taken into account.

This does not apply if we are obliged to any legal erasure periods or if you have given consent to store your data for further communication with us (e.g. we have another suitable job in the future). If you have given consent the legal basis for further storage of your data is Art. 6 para. 1 s. 1 lit. c) or lit. a) GDPR.

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:

• Email address
• Last name

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. Data processing for applications

5.1. Description and scope of data processing
We offer the opportunity to apply for jobs by an application form (https://www.anesbau.de/kontakt/) and by email to karriere@anesbau.de and info@anesbau.de For this purpose, personal data is processed and stored for further processing during the respective application process.

5.2. Legal basis for data processing
Data processing will be based on Art. 88 GDPR and § 26 BDSG.

5.3. Purpose of data processing
We process your data exclusively for the purpose of carrying out the application process.

5.4. Duration and storage
In case of successful application and employment, the personal data is stored in accordance with the legal requirements. In case of unsuccessful application, the data will be deleted in accordance with the rules of the local erasure concept. In doing so the provisions of the AGG (German Employment Law), especially the existing evidence pursuant to § 22 AGG, are taken into account.

5.5. Right to objection and erasure
You can contact us at any time and object to further processing of your data. All personal data of the application process will be deleted in this case.

6. 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:

6.1. Google Analytics
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.

6.1.2. Legal basis of data processing
The legal basis is your consent, Art. 6 para 1 s. 1 lit. a) GDPR.

6.1.3. Purpose of data processing
By processing the data, we can analyze how our website is used, so we can improve it for our users. We protect your data by using only anonymized IP addresses.

6.1.4. Duration of storage
The data will be deleted 14months after your last website visit.

6.1.5. Right to objection and erasure
You can revoke your consent anytime. You also 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.

7. Other tools of third-party providers

We use Google reCAPTCHA to protect us from excessive spam. The aim of this programme is to ensure that the requester is a human being and not an automated programme. Data processing for the European Economic Area and Switzerland is carried out by: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

Google automatically collects the IP address, the location and the time of access. In addition, the behaviour of the website visitor is analyzed on the basis of various characteristics (e.B. the length of stay of the visitor to the website, mouse movements made, cookies stored in the browsing history). This analysis by Google starts automatically as soon as you access a page that Google uses reCAPTCHA.

For more information on how to handle personal data, please refer to Google’s privacy policy https://www.google.de/intl/de/policies/privacy/, https://policies.google.com/technologies/partner-sites and https://www.google.com/recaptcha

7.1.2. Rechtsgrundlage für die Datenverarbeitung
The data processing is carried out on the basis of your consent in accordance with Art. 6 para. 1 s. 1 lit. a) GDPR.

7.1.3. Legal basis for data processing
Google reCAPTCHA ensures that there is a natural person with potential interest behind the requests. By limiting the number of requests, we can respond to individual requests more quickly and efficiently and at the same time secure our website against automated malware.

7.1.4. Duration of storage
Your personal data will only be processed for as long as is necessary. As soon as the purpose of the data processing is fulfilled, a blocking and deletion takes place according to the standards of the local deletion concept, unless legal, contractual or official regulations prevent deletion.

7.1.5. Right to objection and erasure
Google reCAPTCHA serves the safe operation of these websites and the underlying infrastructure, as a result we advise against disabling this security mechanism. You have the option to revoke your consent by reporting to our Data Protection Officer at any time and the choice not to use the contact form and instead send an e-mail or a letter to the contact address indicated above or to contact us by phone.

7.2. Self-hosted Google Web Fonts

7.2.1. Description and scope of data processing
We use so-called web fonts on the website for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly. We have integrated the web fonts locally on our own website, so that Google does not know that our website has been accessed via your IP address. If your browser does not support web fonts, a standard font will be used by your computer.

7.2.2. Legal basis of data processing
The legal basis is based on our legitimate interest in a descriptive Internet presence pursuant to Art. 6 para. 1 s. 1 lit. f) GDPR.

7.2.3. Purpose of data processing
The purpose of the data processing is the uniform presentation of fonts on this website in order to offer a visually interesting and at the same time user-friendly website.

7.2.4. Duration of data storage
No data will be stored.

7.2.5. Right to objection and erasure
You can set your browser so that it does not support web fonts. In this case, a standard font will be used by your computer.

7.3. Font Awesome

7.3.1. Description and scope of data processing
This website uses font Awesome from Fonticons, Inc. for the uniform display of fonts. The data processing for the European Economic Area and for Switzerland is carried out by: Fonticons, Inc.,6 Porter Road Apartment 3R, Cambridge, MA 02140, USA.
For the interpresence, we use fonts or icons provided by Fonticons, Inc. As soon as you access our website, the required web fonts or icons are loaded into your browser cache to display texts, fonts and icons correctly. For this purpose, the browser you are using must connect to the Fonticons servers. This will make Fonticons aware that our website has been accessed via your IP address and which card has been displayed.
Font Awesome says it respects data protection rights under Regulation (EU) 2016/679, the European Union Data Protection Regulation (GDPR).
The Fonticons Terms of Use can be found at https://fontawesome.com/tos and the Privacy Policy at: https://fontawesome.com/privacy

7.3.2. Legal basis for data processing
The legal basis is based on Article 6 para. 1 s. 1 lit. a) GDPR.

7.3.3. Purpose of data processing
The purpose of the data processing is the uniform presentation of the fonts on our website.

7.3.4. Duration of storage
The data will be deleted as soon as it is no longer needed for the purpose of data processing, unless legal regulations prevent deletion.

7.3.5. Right to objection and erasure
You have the option to revoke your consent at any time. You can also set your browser so that the fonts are not loaded by the Fonticon servers. If your browser does not support Font Awesome or you are preventing access to the Fonticon servers, the text will be displayed in the default font of the system.

7.4. OpenStreetMap

7.4.1. Description and scope of data processing
Our website allows you to access OpenStreetMap. OpenStreetMaps is an open source and is therefore available to many contributors. The data processing is carried out by: OpenStreetMap Foundation, St John’s Innovation Centre, Cowley Road, Cambridge, CB40WS, United Kingdom.

The following data can be processed automatically when OpenStreetMap is called:

• IP address,
• Browser and device type,
• Operating system,
• referring website,
• Date and time of page views
• the page from which OpenStreetMap is accessed

Further information on data protection at OpenStreetMap can be found here: https://wiki.osmfoundation.org/wiki/Privacy_Policy

7.4.2. Legal basis for data processing
The legal basis is based on Article 6 para. 1 s. 1 lit. f) GDPR. It is our legitimate interest to present our location information to you in a contemporary and interactive manner.

7.4.3. Purpose of data processing
Using OpenStreetMap makes it easier for you to find our location and interact with it in different ways, e.B. through route planning.

7.4.4. Duration of storage
The data will be deleted as soon as it is no longer needed for the purpose of data processing, unless legal, contractual or official regulations prevent deletion.

7.4.5. Right to objection and erasure
You have the possibility to object to data processing at any time. If you wish to exercise your rights, please contact our Data Protection Officer or OpenStreetMap at: privacy@osmfoundation.org

8. 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: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en

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/LexUriServ/LexUriServ.do?uri=OJ:L:2010:039:0005:0018:DE:PDF

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.

9. Your rights

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

9.1. 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.

9.2. 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;
• 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.

In the case of such a request, you must provide enough information about your identity to proof that the request concerns your own personal data.

9.3. 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.

9.4. 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.

9.5. 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.

9.6. 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.

9.7. 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.

9.8. 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.