4. Collection of general data and information

The website of the BAUART@sea GmbH collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, the BAUART@sea GmbH does not draw any conclusions about the data subject. Rather, this
information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the BAUART@sea GmbH analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

5. Contact possibility via the website

The website of the BAUART@sea GmbH contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

6. Routinemäßige und Sperrung von

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to. If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

7. Rights of the data subject

a)    Right of confirmation

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

b)    Right of access

Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

• the purposes of the processing;
• the categories of personal data concerned;
• the recipients or categories of recipients to whom the personal data
  have been or will be disclosed, in particular recipients in third
  countries or international organisations;
• where possible, the envisaged period for which the personal data
  will be stored, or, if not possible, the criteria used to determine that
  period;
• the existence of the right to request from the controller rectification
  or erasure of personal data, or restriction of processing of personal
  data concerning the data subject, or to object to such processing;
• the existence of the right to lodge a complaint with a supervisory authority;
• where the personal data are not collected from the data subject, any available information as to their source;

• the existence of automated decision-making, including profiling,
  referred to in Article 22(1) and (4) of the GDPR and, at least in those
  cases, meaningful information about the logic involved, as well as the
  significance and envisaged consequences of such processing for the data
  subject.

Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to avail himself of this right of access, he
or she may, at any time, contact any employee of the controller.

c)    Right to rectification

Each data subject shall have the right granted by the European
legislator to obtain from the controller without undue delay the
rectification of inaccurate personal data concerning him or her. Taking
into account the purposes of the processing, the data subject shall have
the right to have incomplete personal data completed, including by
means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he
or she may, at any time, contact any employee of the controller.

d)    Right to erasure (Right to be forgotten)

Each data subject shall have the right granted by the European
legislator to obtain from the controller the erasure of personal data
concerning him or her without undue delay, and the controller shall have
the obligation to erase personal data without undue delay where one of
the following grounds applies, as long as the processing is not
necessary:

• The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
• The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
• The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the
  processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
• The personal data have been unlawfully processed.
• The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
• The personal data have been collected in relation to the offer of
  information society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject
wishes to request the erasure of personal data stored by the BAUART@sea
GmbH, he or she may, at any time, contact any employee of the
controller. An employee of BAUART@sea GmbH shall promptly ensure that
the erasure request is complied with immediately.

Where the controller has made personal data public and is obliged
pursuant to Article 17(1) to erase the personal data, the controller,
taking account of available technology and the cost of implementation,
shall take reasonable steps, including technical measures, to inform
other controllers processing the personal data that the data subject has
requested erasure by such controllers of any links to, or copy or
replication of, those personal data, as far as processing is not
required. An employees of the BAUART@sea GmbH will arrange the necessary
measures in individual cases.

e)    Right of restriction of processing

Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

• The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
• The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use
  instead.
• The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the
  establishment, exercise or defence of legal claims.
• The data subject has objected to processing pursuant to Article
  21(1) of the GDPR pending the verification whether the legitimate
  grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject
wishes to request the restriction of the processing of personal data
stored by the BAUART@sea GmbH, he or she may at any time contact any
employee of the controller. The employee of the BAUART@sea GmbH will
arrange the restriction of the processing.

f) Right to data portability

Each data subject shall have the right granted by the European
legislator, to receive the personal data concerning him or her, which
was provided to a controller, in a structured, commonly used and
machine-readable format. He or she shall have the right to transmit
those data to another controller without hindrance from the controller
to which the personal data have been provided, as long as the processing
is based on consent pursuant to point (a) of Article 6(1) of the GDPR
or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to
point (b) of Article 6(1) of the GDPR, and the processing is carried out
by automated means, as long as the processing is not necessary for the
performance of a task carried out in the public interest or in the
exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability
pursuant to Article 20(1) of the GDPR, the data subject shall have the
right to have personal data transmitted directly from one controller to
another, where technically feasible and when doing so does not adversely
affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may at any time contact any employee of the BAUART@sea GmbH.

g) Right to object

Each data subject shall have the right granted by the European
legislator to object, on grounds relating to his or her particular
situation, at any time, to processing of personal data concerning him or
her, which is based on point (e) or (f) of Article 6(1) of the GDPR.
This also applies to profiling based on these provisions.

The BAUART@sea GmbH shall no longer process the personal data in
the event of the objection, unless we can demonstrate compelling
legitimate grounds for the processing which override the interests,
rights and freedoms of the data subject, or for the establishment,
exercise or defence of legal claims.

If the BAUART@sea GmbH processes personal data for direct
marketing purposes, the data subject shall have the right to object at
any time to processing of personal data concerning him or her for such
marketing. This applies to profiling to the extent that it is related to
such direct marketing. If the data subject objects to the BAUART@sea
GmbH to the processing for direct marketing purposes, the BAUART@sea
GmbH will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating
to his or her particular situation, to object to processing of personal
data concerning him or her by the BAUART@sea GmbH for scientific or
historical research purposes, or for statistical purposes pursuant to
Article 89(1) of the GDPR, unless the processing is necessary for the
performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may
contact any employee of the BAUART@sea GmbH. In addition, the data
subject is free in the context of the use of information society
services, and notwithstanding Directive 2002/58/EC, to use his or her
right to object by automated means using technical specifications.

h)  Automated individual decision-making, including profiling

Each data subject shall have the right granted by the European
legislator not to be subject to a decision based solely on automated
processing, including profiling, which produces legal effects concerning
him or her, or similarly significantly affects him or her, as long as
the decision (1) is not is necessary for entering into, or the
performance of, a contract between the data subject and a data
controller, or (2) is not authorised by Union or Member State law to
which the controller is subject and which also lays down suitable
measures to safeguard the data subject’s rights and freedoms and
legitimate interests, or (3) is not based on the data subject’s explicit
consent.

If the decision (1) is necessary for entering into, or the
performance of, a contract between the data subject and a data
controller, or (2) it is based on the data subject’s explicit consent,
the BAUART@sea GmbH shall implement suitable measures to safeguard the
data subject’s rights and freedoms and legitimate interests, at least
the right to obtain human intervention on the part of the controller, to
express his or her point of view and contest the decision.

If the data subject wishes to exercise the rights concerning
automated individual decision-making, he or she may, at any time,
contact any employee of the BAUART@sea GmbH.

i) Right to withdraw data protection consent

Each data subject shall have the right granted by the European
legislator to withdraw his or her consent to processing of his or her
personal data at any time.

If the data subject wishes to exercise the right to withdraw the
consent, he or she may, at any time, contact any employee of the
BAUART@sea GmbH.

8. Data protection for applications and the application procedures

The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the
purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal
Treatment Act (AGG).

9. Data protection provisions about the application and use of Facebook

On this website, the controller has integrated components of the enterprise Facebook. Facebook is a social network.

A social network is a place for social meetings on the Internet, an
online community, which usually allows users to communicate with each
other and interact in a virtual space. A social network may serve as a
platform for the exchange of opinions and experiences, or enable the
Internet community to provide personal or business-related information.
Facebook allows social network users to include the creation of private
profiles, upload photos, and network through friend requests.

The operating company of Facebook is Facebook, Inc., 1 Hacker Way,
Menlo Park, CA 94025, United States. If a person lives outside of the
United States or Canada, the controller is the Facebook Ireland Ltd., 4
Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

With each call-up to one of the individual pages of this Internet
website, which is operated by the controller and into which a Facebook
component (Facebook plug-ins) was integrated, the web browser on the
information technology system of the data subject is automatically
prompted to download display of the corresponding Facebook component
from Facebook through the Facebook component. An overview of all the
Facebook Plug-ins may be accessed under
https://developers.facebook.com/docs/plugins/. During the course of this
technical procedure, Facebook is made aware of what specific sub-site
of our website was visited by the data subject.

If the data subject is logged in at the same time on Facebook,
Facebook detects with every call-up to our website by the data
subject—and for the entire duration of their stay on our Internet
site—which specific sub-site of our Internet page was visited by the
data subject. This information is collected through the Facebook
component and associated with the respective Facebook account of the
data subject. If the data subject clicks on one of the Facebook buttons
integrated into our website, e.g. the “Like” button, or if the data
subject submits a comment, then Facebook matches this information with
the personal Facebook user account of the data subject and stores the
personal data.

Facebook always receives, through the Facebook component,
information about a visit to our website by the data subject, whenever
the data subject is logged in at the same time on Facebook during the
time of the call-up to our website. This occurs regardless of whether
the data subject clicks on the Facebook component or not. If such a
transmission of information to Facebook is not desirable for the data
subject, then he or she may prevent this by logging off from their
Facebook account before a call-up to our website is made.

The data protection guideline published by Facebook, which is
available at https://facebook.com/about/privacy/, provides information
about the collection, processing and use of personal data by Facebook.
In addition, it is explained there what setting options Facebook offers
to protect the privacy of the data subject. In addition, different
configuration options are made available to allow the elimination of
data transmission to Facebook. These applications may be used by the
data subject to eliminate a data transmission to Facebook.

10. Data protection provisions about the application and use of Google Analytics (with anonymization function)

On this website, the controller has integrated the component of
Google Analytics (with the anonymizer function). Google Analytics is a
web analytics service. Web analytics is the collection, gathering, and
analysis of data about the behavior of visitors to websites. A web
analysis service collects, inter alia, data about the website from which
a person has come (the so-called referrer), which sub-pages were
visited, or how often and for what duration a sub-page was viewed. Web
analytics are mainly used for the optimization of a website and in order
to carry out a cost-benefit analysis of Internet advertising.

The operator of the Google Analytics component is Google Ireland
Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

For the web analytics through Google Analytics the controller uses
the application “_gat. _anonymizeIp”. By means of this application the
IP address of the Internet connection of the data subject is abridged by
Google and anonymised when accessing our websites from a Member State
of the European Union or another Contracting State to the Agreement on
the European Economic Area.

The purpose of the Google Analytics component is to analyze the
traffic on our website. Google uses the collected data and information,
inter alia, to evaluate the use of our website and to provide online
reports, which show the activities on our websites, and to provide other
services concerning the use of our Internet site for us.

Google Analytics places a cookie on the information technology
system of the data subject. The definition of cookies is explained
above. With the setting of the cookie, Google is enabled to analyze the
use of our website. With each call-up to one of the individual pages of
this Internet site, which is operated by the controller and into which a
Google Analytics component was integrated, the Internet browser on the
information technology system of the data subject will automatically
submit data through the Google Analytics component for the purpose of
online advertising and the settlement of commissions to Google. During
the course of this technical procedure, the enterprise Google gains
knowledge of personal information, such as the IP address of the data
subject, which serves Google, inter alia, to understand the origin of
visitors and clicks, and subsequently create commission settlements.

The cookie is used to store personal information, such as the
access time, the location from which the access was made, and the
frequency of visits of our website by the data subject. With each visit
to our Internet site, such personal data, including the IP address of
the Internet access used by the data subject, will be transmitted to
Google in the United States of America. These personal data are stored
by Google in the United States of America. Google may pass these
personal data collected through the technical procedure to third
parties.

The data subject may, as stated above, prevent the setting of
cookies through our website at any time by means of a corresponding
adjustment of the web browser used and thus permanently deny the setting
of cookies. Such an adjustment to the Internet browser used would also
prevent Google Analytics from setting a cookie on the information
technology system of the data subject. In addition, cookies already in
use by Google Analytics may be deleted at any time via a web browser or
other software programs.

In addition, the data subject has the possibility of objecting to a
collection of data that are generated by Google Analytics, which is
related to the use of this website, as well as the processing of this
data by Google and the chance to preclude any such. For this purpose,
the data subject must download a browser add-on under the link
https://tools.google.com/dlpage/gaoptout and install it. This browser
add-on tells Google Analytics through a JavaScript, that any data and
information about the visits of Internet pages may not be transmitted to
Google Analytics. The installation of the browser add-ons is considered
an objection by Google. If the information technology system of the
data subject is later deleted, formatted, or newly installed, then the
data subject must reinstall the browser add-ons to disable Google
Analytics. If the browser add-on was uninstalled by the data subject or
any other person who is attributable to their sphere of competence, or
is disabled, it is possible to execute the reinstallation or
reactivation of the browser add-ons.

Further information and the applicable data protection provisions
of Google may be retrieved under
https://www.google.com/intl/en/policies/privacy/ and under
http://www.google.com/analytics/terms/us.html. Google Analytics is
further explained under the following Link
https://www.google.com/analytics/.

11. Data protection provisions about the application and use of Instagram

On this website, the controller has integrated components of the
service Instagram. Instagram is a service that may be qualified as an
audiovisual platform, which allows users to share photos and videos, as
well as disseminate such data in other social networks.

The operating company of the services offered by Instagram is
Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin
2 Ireland.

With each call-up to one of the individual pages of this Internet
site, which is operated by the controller and on which an Instagram
component (Insta button) was integrated, the Internet browser on the
information technology system of the data subject is automatically
prompted to the download of a display of the corresponding Instagram
component of Instagram. During the course of this technical procedure,
Instagram becomes aware of what specific sub-page of our website was
visited by the data subject.

If the data subject is logged in at the same time on Instagram,
Instagram detects with every call-up to our website by the data
subject—and for the entire duration of their stay on our Internet
site—which specific sub-page of our Internet page was visited by the
data subject. This information is collected through the Instagram
component and is associated with the respective Instagram account of the
data subject. If the data subject clicks on one of the Instagram
buttons integrated on our website, then Instagram matches this
information with the personal Instagram user account of the data subject
and stores the personal data.

Instagram receives information via the Instagram component that the
data subject has visited our website provided that the data subject is
logged in at Instagram at the time of the call to our website. This
occurs regardless of whether the person clicks on the Instagram button
or not. If such a transmission of information to Instagram is not
desirable for the data subject, then he or she can prevent this by
logging off from their Instagram account before a call-up to our website
is made.

Further information and the applicable data protection provisions
of Instagram may be retrieved under
https://help.instagram.com/155833707900388 and
https://www.instagram.com/about/legal/privacy/.

12. Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing
operations for 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 the data subject is party, as is the
case, for example, when processing operations are necessary for the
supply of goods or to provide any other service, the processing is based
on Article 6(1) lit. b GDPR. The same applies to such processing
operations which are necessary for carrying out pre-contractual
measures, for example in the case of inquiries concerning our products
or services. Is our company subject to a legal obligation by which
processing of personal data is required, such as for the fulfillment of
tax obligations, the processing is based on Art. 6(1) lit. c GDPR.

In rare cases, the 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 a visitor were injured
in our company and his name, age, health insurance data or other vital
information would have to be passed on to a doctor, hospital or other
third party. Then the processing would be based on Art. 6(1) lit. d
GDPR.

Finally, processing operations could be based on Article 6(1) lit. f
GDPR. This legal basis is used for processing operations which are not
covered by any of the abovementioned legal grounds, if processing is
necessary for the purposes of the legitimate interests pursued by our
company or by a third party, except where such interests are overridden
by the interests or fundamental rights and freedoms of the data subject
which require protection of personal data. Such processing operations
are particularly permissible because they have been specifically
mentioned by the European legislator. He considered that a legitimate
interest could be assumed if the data subject is a client of the
controller (Recital 47 Sentence 2 GDPR).

13. The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1) lit. f
GDPR our legitimate interest is to carry out our business in favor of
the well-being of all our employees and the shareholders.

14. Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data
is the respective statutory retention period. After expiration of that
period, the corresponding data is routinely deleted, as long as it is no
longer necessary for the fulfillment of the contract or the initiation
of a contract.

15. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failureto provide such data

We clarify that the provision of personal data is partly required by
law (e.g. tax regulations) or can also result from contractual
provisions (e.g. information on the contractual partner).

Sometimes it may be necessary to conclude a contract that the data
subject provides us with personal data, which must subsequently be
processed by us. The data subject is, for example, obliged to provide us
with personal data when our company signs a contract with him or her.
The non-provision of the personal data would have the consequence that
the contract with the data subject could not be concluded.

Before personal data is provided by the data subject, the data
subject must contact any employee. The employee clarifies to the data
subject whether the provision of the personal data is required by law or
contract or is necessary for the conclusion of the contract, whether
there is an obligation to provide the personal data and the consequences
of non-provision of the personal data.

16. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.