Privacy Notice


1. Introduction

We would like to use the information below to provide you, the “data subject”, with an overview of our processing of your personal data and your rights under data protection law. It is generally possible to use our website without entering personal data. However, if you wish to make use of special services offered by our company through our website, it may be necessary to process personal data. If it is necessary to process personal data and there is no legal basis for this processing, we will generally obtain your consent.

Personal data, such as your name, address or email address, is always processed in accordance with the EU General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations applicable for Burger Küchenmöbel GmbH. The aim of this Privacy Notice is to inform you about the scope and purpose of the personal data we collect, use and process.

As the data controller, we have implemented numerous technical and organisational measures to ensure the most complete possible protection of the personal data processed via this website. Nevertheless, as a rule, internet-based data transmissions may have security gaps, and we are unable to guarantee absolute protection. Because of this, you are free to send us personal data by alternative means, for example by telephone or post.


2. Data controller

The data controller, as defined by the GDPR, is:
Burger Küchenmöbel GmbH
Martin-Luther-Straße 31, 39288 Burg, Germany

Telephone: +49 3921 976-0

Email: info(at)burger-kuechen.de

3. Data protection officer


You can reach the data protection officer as follows:

Gerrit Schulte

Telephone: +49 5221 87292-11

Fax: +49 5221 87292-49

Email: datenschutz-burger-kuechen(at)audatis.de


You may contact our data protection officer directly at any time if you have any questions or suggestions regarding data protection.



4. Definitions


This Privacy Notice uses terms based on those used by European lawmakers in adopting the General Data Protection Regulation (GDPR). Our Privacy Notice is intended to be easy for the public as well as our customers and business partners to read and understand. To ensure this is the case, we would like to explain the terms used in advance.


We use the following terms in this Privacy Notice, among others:


1. Personal data


Personal data means any information relating to an identified or identifiable natural person. 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 to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.


2. Data subject


A data subject is any identified or identifiable natural person whose personal data is processed by the data controller (our company).


3. Processing


Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.


4. Restriction to processing


Restriction to processing means marking stored personal data with the aim of limiting its processing in future.


5. Profiling


Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.


6. Pseudonymisation


Pseudonymisation is the processing of personal data in such a way that the data can no longer be assigned to a specific data subject without additional information being provided, given that such additional information is kept separate and subject to appropriate technical and organisational measures that ensure that personal data cannot be attributed to an identified or identifiable natural person.


7. Data processor


The data processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the data controller.


8. Recipient


Recipient means a natural or legal person, public authority, agency or another body, to which the personal data is disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.


9. Third parties


Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the data controller or processor, are authorised to process personal data.


10. Consent


Consent is any unambiguous voluntary declaration of consent given by the data subject for a specific case in an informed manner in the form of a statement or other action clearly confirming consent (ticking a box) with which the data subject indicates their agreement to their personal data being processed.



5. Legal basis for processing


Article 6 Paragraph 1(a) GDPR (in conjunction with Section 15 Paragraph 3 of the German Telemedia Act (Telemediengesetz [TMG]) serves as our company’s legal basis for processing operations in which we obtain consent for a specific processing purpose.
 

If the processing of personal data is necessary for the performance of a contract to which you are a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or consideration, processing is based on Article 6 Paragraph 1(b) GDPR. The same applies to those processing operations required to carry out pre-contractual measures, such as in cases of queries regarding our products or services.
 

If our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfilment of tax obligations, processing is based on Article 6 Paragraph 1(c) GDPR.
 

In rare cases, processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if someone visiting our business were to be injured and their name, age, health insurance data or other vital information needed to be disclosed to a doctor, hospital or other third party. Processing would then be based on Article 6 Paragraph 1(d) GDPR.
 

Finally, processing operations could be based on Article 6 Paragraph 1(f) GDPR. Processing operations not based on any of the above-mentioned legal bases may be carried out if processing is necessary to safeguard the legitimate interests of our company or those of a third party, provided the interests and fundamental rights and freedoms of the data subject do not take precedence. We are permitted to engage in these kinds of processing operations in particular because they have been specifically mentioned in European law. In this respect, the legislature took the view that a legitimate interest could be assumed if you are a customer of our company (Recital 47 Sentence 2 GDPR).

 

6. Transmission of data to third parties


Your personal data will not be sent to third parties for purposes other than those listed below.


We will disclose your personal data to third parties:

  • if you have expressly consented to this pursuant to Article 6 Paragraph 1 Sentence 1(a) GDPR;
  • disclosure under Article 6 Paragraph 1 Sentence 1(f) GDPR is permitted to safeguard our legitimate interests and there is no reason to assume that you have an overriding legitimate interest in not disclosing your data;
  • in the event that there is a legal obligation to disclose your data pursuant to Article 6 Paragraph 1 Sentence 1(c) GDPR; and
  • if this is legally permissible and necessary for the performance of our contract with you pursuant to Article 6 Paragraph 1 Sentence 1(b).


To protect your data and, where applicable, to enable us to transmit data to third countries (i.e. countries outside of the EU/EEA), we have concluded data processing agreements using the standard contractual clauses stipulated by the European Commission. Information about this is available on the European Commission website (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32010D0087#).



7. Technology


7.1 SSL/TLS encryption


This site uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login details or contact requests that you send to us as the website operator. You can recognise an encrypted connection by your browser’s address bar reading “https://” instead of “http://” and the lock symbol in the browser bar.
 

We use this technology to protect personal data transmitted by you.


7.2 Data collection when visiting the website


If you only use our website for informational purposes, i.e. if you do not register or otherwise provide us with information, we only collect the data your browser sends our server (in what is known as “server log files”). Our website collects a range of general data and information each time you access a website or an automated system. This general data and information is stored in the server’s log files. Data collected may include

  • the browser type(s) and version(s) used;
  • the operating system used by the accessing system;
  • the website from which an accessing system accesses our website (called a referrer);
  • the sub-pages accessed via an accessing system on our website;
  • the date and time the website is accessed;
  • a truncated internet protocol address (anonymised IP address);
  • the accessing system’s internet service provider.


No conclusions are drawn about you when using this general data and information. Instead, this information is needed to

  • properly deliver our website content;
  • optimise the content of the website as well as to advertise it;
  • ensure the continued functioning of our information technology systems and our website’s technology; and
  • provide the information necessary for law enforcement authorities to prosecute in the event of a cyber attack.


This collected data and information is therefore analysed statistically and further analysed by us with the aim of increasing data protection and data security within our company to ultimately ensure an optimum level of protection for the personal data being processed by us. The anonymous data from the server log files is stored separately from all personal data provided by a data subject.
 

The legal basis for data processing is Article 6 Paragraph 1 Sentence 1(f) GDPR. Our legitimate interest is based on the purposes listed above for the collection of data.



8. Cookies


8.1 General information about cookies


We use cookies on our website. Cookies are small files that are automatically created by your browser and stored on your IT system (laptop, tablet, smartphone, etc.) when you visit our website.

Information generated from the specific device used is stored in cookies. This does not mean, however, that we will gain immediate knowledge of your identity.


The use of cookies helps us make it more convenient for you to use our website. For example, we use session cookies to detect whether you have already visited individual pages on our website. These are erased automatically when you leave our website.
 

We also use temporary cookies to optimise user-friendliness. These cookies are stored on your device for a specific period of time. If you return to our website to use our services, cookies allow us to automatically recognise that you have visited our website previously and remember the inputs and settings you have made so that you do not have to enter them again.
 

We also use cookies to statistically record the use of our website and analyse it for the purpose of optimising our services. These cookies allow us to automatically recognise that you have already visited our website when you visit our website again. These cookies are automatically erased after a defined period of time.
 

8.2 Legal basis for the use of cookies


The data processing resulting from the use of cookies necessary for the proper functioning of our website is required in order to safeguard our legitimate interests pursuant to Article 6 Paragraph 1 Sentence 1(f) GDPR.
 

In accordance with Article 6 Paragraph 1(a) GDPR and with respect to all other cookies, you have given your consent to this through our opt-in cookie banner.


8.3 Matomo


We have integrated Matomo components on this website. This service is operated by InnoCraft Ltd., 150 Willis St, 6011 Wellington, New Zealand. Matomo is a software tool for web analytics, i.e. for the surveying, collection and analysis of data about the behaviour of visitors to websites. Among other things, Matomo collects data on the website from which a person has accessed a website (called a referrer), which sub-pages of the website were accessed or how often and for what length of time a sub-page was viewed. This is used to optimise a website and provide a cost-benefit analysis of web advertising.


The software is operated on the server of the data controller responsible for processing. The log files, which are considered sensitive under data protection law, are stored exclusively on this server.
 

If you grant your consent to this through our cookie banner, Matomo places a cookie on your IT system. Placing this cookie enables us to analyse the usage of our website. Each time someone opens an individual page of this website, the Matomo component will trigger the browser on your IT system to automatically send data to our server for online analysis purposes. As part of this technical process, we receive information about personal data, such as the data subject’s IP address, which, among other things, enables us to track the origin of visitors and clicks.
 

The cookie stores personally identifiable information, such as the time of access, the location from which access was made and the frequency of visits to our website. Each time someone visits our website, this personal data, including the IP address of the internet connection you use, is transferred to our servers. We store this personal data. We do not disclose this personal data to third parties.
 

These processing operations only take place if express consent is granted in accordance with Article 6 Paragraph 1(a) GDPR.
 

Additional information and Matomo’s privacy policy can be found at https://matomo.org/privacy.
 

In any case, you can prevent cookies being placed by our website at any time by adjusting your web browser’s settings. Adjusting the browser’s settings in this way would also prevent Matomo from placing a cookie on your IT system. Furthermore, cookies already placed by Matomo can be erased at any time through a web browser or other software programs.

 

9. Contact/contact form


Personal data is collected when you contact us (e.g. using our contact form or by email). This data is stored and used exclusively for the purpose of responding to your query or establishing contact and the associated technical administration. The legal basis for data processing is our legitimate interest in responding to your request pursuant to Article 6 Paragraph 1(f)f GDPR. If the aim of you contacting us is to conclude a contract, processing is also legally based on Article 6 Paragraph 1(b) GDPR. Your data will be erased once we have finished processing your query. This is the case when it can be inferred from the circumstances that the relevant facts have been clarified in a conclusive manner and there are no statutory retention obligations in place that prevent its erasure.
 


10. Our activities on social networks


To allow us to communicate with you on social networks and inform you about our services, we run our own pages on these social networks. If you visit one of our social media pages, we are jointly responsible with the operator of the social media platform in question in terms of the processing operations involving personal data triggered by your visit pursuant to Article 26 GDPR.
 

We are not the original provider (data controller) of these pages, but only use them within the scope of the options offered to us by the respective providers.
 

We would therefore like to point out as a precautionary measure that your data may also be processed outside of the European Union or the European Economic Area. Use of these networks may therefore involve data protection risks for you since the protection of your rights may be difficult, e.g. your rights to information, erasure, objection, etc. Processing on social networks frequently takes place directly for advertising purposes or for the analysis of user behaviour by network providers, and we have no control over this. If the provider creates user profiles, cookies are often used or user behaviour may be assigned directly to your own member profile on the respective social network (if you are logged in).
 

The processing operations for personal data described are carried out in accordance with Article 6 Paragraph 1(f) GDPR on the basis of our legitimate interests and the legitimate interests of the respective provider in order to communicate with you in a timely manner or to inform you about our services. If you have to grant your consent to the respective providers to process your data as a user, the legal basis for this processing is Article 6 Paragraph 1(a) GDPR in conjunction with Article 7 GDPR.
 

Since we have no access to these providers’ databases, we would like to point out that you would be best placed to exercise your rights (e.g. to information, rectification, erasure, etc.) directly with the respective provider. More information on the processing of your data on social networks and your options for exercising your right to object or your right of revocation (opt out) is listed below for each of the social network providers we use:


10.1 Facebook


(Joint) data controller responsible for data processing in Europe:

Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland


Privacy Notice (Data Policy):

https://www.facebook.com/about/privacy


Opt-out and advertising settings:

https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen


10.2 Instagram


(Joint) data controller responsible for data processing in Germany:

Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland


Privacy Notice (Data Policy):

http://instagram.com/legal/privacy/


Opt-out and advertising settings:

https://www.instagram.com/accounts/privacy_and_security/


10.3 YouTube


(Joint) data controller responsible for data processing in Europe:

Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland


Privacy policy:

https://policies.google.com/privacy


Opt-out and advertising settings:

https://adssettings.google.com/authenticated


10.4 Pinterest


(Joint) data controller responsible for data processing in Europe:

Pinterest Europe Ltd., Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland


Privacy policy:

https://policy.pinterest.com/en/privacy-policy


Opt-out and advertising settings:

https://policy.pinterest.com/en/privacy-policy#section-choices-you-have-about-your-info


11. Virtual tour


We have included a virtual tour on this website using iFrame. The service is operated by Matterport, Inc., 352 E. Java Dr., Sunnyvale, CA 94089, US.

When you access our website, a connection is established with the Matterport servers. This means that Matterport receives data about which page you visited and the IP address of your device. If you also have a Matterport account and are logged in when you access our website, Matterport will attribute your surfing behaviour to your personal profile.
 

We use Matterport on the basis of our legitimate interests in attractively presenting our website and products as defined by Article 6 Paragraph 1(f) GDPR.
 

More information about data processing at Matterport is available at https://matterport.com/privacy-policy.


12. WhatsApp Services

By sending a start message I consent, according to Art.6 (1) lit. a GDPR, to the storage, treatment, and usage of my personal data (family name and surname, telephone number, messenger-ID, profile picture as well as message flow), in order to transmit messages to me. For the usage of the messenger service an active account at the respective provider is needed.

We would like to point out as a precautionary measure that your data may also be processed outside of the European Union or the European Economic Area. Use of a messenger may therefore involve data protection risks for you since the protection of your rights may be difficult, e.g. your rights to information, erasure, objection, etc. Processing by Messenger applications frequently takes place directly for advertising purposes or for the analysis of user behaviour by the providers of such applications, and we have no control over this.

Furthermore, I am aware that Burger Küchenmöbel GmbH installed MessengerPeople GmbH, Herzog-Heinrich-Str. 9, 80336 München as technical service provider and processor, to be able to provide this service.

My consent to the processing of personal data is always freely withdrawable. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. A notification to Burger Küchenmöbel GmbH (e.g. via datenschutz-burger-kuechen(at)audatis.de) is sufficient for this purpose. Further information is to be found in the respective private policy the messenger services. This privacy policy is accessible via your user account. The privacy policy of MessengerPeople GmbH is available under https://www.messengerpeople.com/privacy/.


13. Yumpu


We use the Yumpu tool by i-magazine AG (“Yumpu”), Gewerbestrasse 3, 9444 Diepoldsau, Switzerland, to display the interactive flip-page catalogues integrated on our website.
 

Using Yumpu allows us to embed content from PDFs on our website so that the information is freely accessible and visible to you directly in your web browser without you having to download the PDF.
 

To run the service, your web browser retrieves the content directly from Yumpu. In doing so, as is the case when accessing any website, Yumpu receives your IP address, information about your web browser and operating system, the date and time you accessed the page and what is known as referrer data, i.e. information about which page directed you to the website with embedded Yumpu components, provided the referrer data is not masked by your browser.
 

For more detailed information, please refer to Yumpu’s privacy policy at www.yumpu.com/en/info/privacy_policy.
 

The processing of your personal data using Yumpu is based on our legitimate interest in appropriately designing our website in accordance with Article 6 Paragraph 1 (f) GDPR.
 

Your personal data is sent to Switzerland on the basis of EU adequacy decision 2000/518/EC (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32000D0518).

 

14. YouTube
 

We have integrated YouTube components on this website. YouTube is an online video portal that allows video publishers to freely place video clips and allows other to view, rate and comment on videos free of charge. YouTube allows the publication of all types of videos. Both full film and television broadcasts as well as music videos, trailers and user-generated videos are available via the online portal.
 

YouTube is operated by YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
 

Each time a visitor opens an individual page of the website run by us and on which a YouTube component (YouTube video) is integrated, the YouTube component in question will trigger the browser on your IT system to download a representation of the corresponding YouTube component from YouTube. Additional information on YouTube can be found at https://www.youtube.com/yt/about/. As part of this technical process, YouTube and Google will receive information about the specific sub-page of our website you visit.
 

If the data subject is logged onto YouTube at the same time as they visit our website, YouTube identifies the specific sub-page of our website your visit when a sub-page containing a YouTube video is accessed. This information is collected through YouTube and Google and assigned to your YouTube account.
 

Through the YouTube component, YouTube and Google receive information that you have visited our website whenever you are logged in to YouTube at the same time as accessing our website, regardless of whether you click on a YouTube video or not. If you do not want this information transferred to YouTube and Google, you can prevent this by logging out of your YouTube account before visiting our website.
 

These processing operations only take place if express consent is granted in accordance with Article 6 Paragraph 1(a) GDPR.
 

YouTube's privacy policy, available at https://www.google.com/intl/gb/policies/privacy/, provides information on the collection, processing and use of personal data by YouTube and Google.



15. Your rights as a data subject


15.1 Right to confirmation


You have the right to request confirmation from us as to whether personal data relating to you will be processed.


15.2 Right to information (Article 15 GDPR)


Under the legal provisions in place, you have the right to obtain information about the personal data stored about you at any time, free of charge, as well as the right to access a copy of such data from us.


15.3 Right to rectification (Article 16 GDPR)


You have the right to request the immediate rectification of incorrect personal data relating to yourself. Furthermore, you have the right to request the completion of incomplete personal data, taking into account the purposes of the processing.


15.4 Erasure (Article 17 GDPR)


You have the right to request that we erase your personal data, provided one of the reasons stipulated by law applies and if processing and/or storage is not necessary.


15.5 Restriction to processing (Article 18 GDPR)


You have the right to request that we restrict the processing of your data if one of the legal requirements is met.


15.6 Data portability (Article 20 GDPR)


You have the right obtain personal data relating to you that you provided us in a structured, commonly used and machine-readable format. You also have the right to transfer this data to another data controller without hindrance by us, to whom the personal data was provided, provided that the processing is based on consent pursuant to Article 6 Paragraph 1(a) GDPR or Article 9 Paragraph 2(a) GDPR or on a contract pursuant to Article 6 Paragraph 1(b) GDPR, and the data is processed using automated procedures, unless processing is necessary to complete a task, is in the public interest or is carried out in the exercise of an official authority assigned to us.
 

Furthermore, when exercising your right to data transferability pursuant to Article 20 Paragraph 1 GDPR, you have the right to have personal data transferred directly from one data controller to another, provided this is technically feasible and does not impede the rights and freedoms of other persons.
 

15.7 Objection (Article 21 GDPR)


You have the right to lodge an objection to the processing of personal data relating to you for reasons relating to your particular situation where this is done on the basis of Article 6 Paragraph 1(e) (data processing in the public interest) or (f) (data processing on the basis of the weighing of legitimate interests) GDPR.
 

This also applies to profiling based on these provisions pursuant to Article 4 Number 4 GDPR.
 

Should you lodge an objection, we will no longer process your personal data unless we can demonstrate compelling and legitimate reasons for doing so that outweigh your interests, rights and freedoms, or where processing serves the assertion, exercise or defence of legal claims.
 

In individual cases, we process your personal data for direct marketing purposes. You have the right to object at any time to the processing of personal data for these marketing purposes. This also applies to profiling where this is connected to this kind of direct marketing. Should you object to the processing of your data for direct marketing purposes, we will no longer process your personal data for this purpose.
 

In addition, you have the right to object to our processing of your personal data for scientific or historical research purposes or for statistical purposes pursuant to Article 89 Paragraph 1 GDPR for reasons arising from your particular situation, unless this processing is necessary for the performance of a task in the public interest.
 

You are free to exercise your right to lodge an objection in relation to the use of information society services, Directive 2002/58/EC notwithstanding, by means of automated procedures using technical specifications.
 

15.8 Revocation of consent under data protection law


You have the right to revoke any consent to the processing of personal data at any time with future effect.


15.9 Lodging a complaint with a supervisory authority


You have the right to lodge a complaint with a supervisory authority responsible for data protection regarding our processing of personal data.



16. Routine storage, erasure and blocking of personal data


We process and store your personal data only for the period of time necessary to meet the storage purpose or as required by the legal provisions to which our company is subject.
 

If the storage purpose no longer applies or if a required retention period expires, personal data will be routinely blocked or erased in accordance with the statutory provisions.
 


17. More information about other data processing
 

As a company, we not only process personal data on our website, but also through many other processes. In order to be able to give you, the data subject, as much detailed information as possible on these processing purposes, we have compiled information for the following processing activities here, thereby meeting our legal duty to inform under Articles 12 to 14 GDPR: (Article 12-14 GDPR)


If you need further information that you are unable to find here and in the detailed Privacy Notice below, please request this in confidence from our data protection officer.



18. Versions and amendments to the Privacy Notice


It may be necessary for us to amend this Privacy Notice in the process of further developing our website and the services we offer through our website or due to changes in legal or regulatory requirements.