Legal Notice and Privacy Statement

LEGAL NOTICE

Liability for Content

We make every effort to keep the information on our Web site current, but we accept no liability whatsoever for the content provided. Pursuant to § 7 par. 1 of TMG (German Tele-Media Act), the law limits our responsibility as a service provider to our own content on these Web pages.

According to §§ 8 to 10 of TMG, we are not obligated to monitor third-party information provided or stored on our Web site. However, we shall promptly remove any content upon becoming aware that it violates the law. Our liability in such an instance shall commence at the time we become aware of the respective violation.

BESA GmbH shall not be held liable for any damages and/or disadvantages caused by the use of information provided on our Web pages, nor for any legal offences incurred by said users.

Liability for Links

Our site contains links to third-party Web sites. We have no influence whatsoever on the information on these Web sites and accept no guaranty for its correctness. The content of such third-party sites is the responsibility of the respective owners/providers.

At the time third-party Web sites were linked to ours, we found no grounds whatsoever of any likely contravention of the law. We shall promptly delete a link upon becoming aware that it violates the law.

Industrial and intellectual property / copyright law

The content provided on these Web pages, including texts, graphics, images, designs and the associated intellectual property rights which are to be observed, as well as all the trademarks, brand names, trade names etc. belong to the website owner or the rightful owners with all rights reserved. All website contents are registered with the corresponding public registries and protected by industrial and intellectual property laws.

Any reproductions of said contents in part or in whole and by any means, as well as their dissemination, public communication or distribution without the prior written permission of BESA GmbH or the rightful owners is strictly prohibited. Unauthorized use without permission of BESA GmbH shall be considered as a serious violation of industrial or intellectual property rights.

To share your comments on industrial or intellectual property right violations or on website content, please send an email to tobias.scherg@besa.de.

Privacy Statement

In General

Please be aware that there are inherent security risks in transmitting data, such as e-mails, via the Internet since it is impossible to safeguard completely against unauthorized access by third parties. Nevertheless, we shall safeguard your data subject to this limitation. In particular, personal information will be transmitted via the Internet only if it does not infringe upon third-party rights, unless the respective party has given its prior consent in view of such security risks. As the Web site provider, we shall accordingly not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part.

We oppose the use of available contact information by a third party for sending unsolicited advertisements. As BESA GmbH, we reserve the express right to take legal action against unsolicited mailing or e-mailing of spam or other similar advertising materials.

BESA’s Data Protection

In order to protect your data, we naturally adhere to all rules and regulations concerning data handling and data management, in particular to those concerning the access-protected storage of user data.

The following information will familiarize you with our practice for the collection, use, processing, storage, transfer, protection, and disclosure of personal information.

Collection of Personal Data

According to EU Regulation 2016/679 “personal data” means any information relating to an identified or identifiable natural person, whereas the identifiable natural person is one who can be identified, directly or indirectly.

To provide services to our users, we may collect, process, store and use the following data from you: name, e-mail address, telephone and/or fax number, institution details (mailing address, department, function), and Hardlock ID if applicable.

BESA GmbH will only collect data you voluntarily provide to us (e.g. newsletter subscription, workshop and training registration, product downloads) or you provide your explicit consent. We only collect which is necessary to provide our services.

Usage of Personal Data

Data you voluntarily provided to us will be used for one or more of the following purposes: information about our products and services (Newsletter), customer support, workshop- and training registration, order processing, and direct response to specific questions.

Which e-mails will you receive if you supply your e-mail address?

• After obtaining your consent, we will only use your e-mail address for sending you answers to requests (e.g. support request, sales request, request for quote) you raised at BESA GmbH and the BESA newsletter, which is published no more than once a month. You can unsubscribe from this service at any time by following a link that appears at the end of every newsletter.
• You will only receive e-mails from us if you have explicitly agreed to do so.
• The data we collect will also be used to improve the content and navigation of our website and enhance the functionality of our products and services.

Disclosure and Transfer of Personal Data to Third Parties

To enhance the relationship to our customers and fulfill their needs, we store, process, or share your Personal Data. Your personal data will be stored, processed and used at BESA GmbH, Freihamer Str. 18, 82166 Graefelfing and will not be forwarded to third parties without your consent. In some countries trial orders or orders are processed via our distribution network. In this case BESA will contact you in order to get your consent for the transfer of your personal information.

Only in cases where it is required by law, BESA will forward personal data to the body specified by the applicable law, for example, in the case of an incident report without consent.

For purposes of data protection we regard, non-personal data combined with personal data as personal data.

Limits of Purpose

BESA GmbH will collect, use or disclose personal data supplied by you, for the purposes given above unless it is necessary to use the data for an additional purpose related to the original purpose. Personal data can then be used for the following purposes as well: fulfill requirements by law or authorities (also see above), negotiate, prepare, and/or perform a contract with you, take legal action or take defense against a legal action, or to prevent fraud or other illegal activities.

Gathering of general information

When you access our website www.besa.de, information of a general nature is gathered automatically. This data (server logfiles) includes, for example, the type of web browser, the operating system used, the domain name of your internet service provider and similar. This is exclusively data that does not permit any conclusion as to your identity. This data is required for technical reasons in order to deliver the requested contents of websites correctly and is always generated whenever the internet is used. Anonymous data of this kind is analysed statistically by us to optimise our internet appearance and the technology behind it.

Cookies and Non-Personal Data

We want users to be able to access the information they need with minimum effort. For this purpose, we collect and analyze information about the way users access our website, and how users navigate through the website. User-identifiable information is anonymized before analysis takes place.

When accessing the BESA website www.besa.de, you will be asked to give your consent to the terms and conditions of this BESA legal notice and privacy statement and the usage of “Cookies”. For the website to work properly, we sometimes need to identify or gather information on the PC it is being accessed from. “Cookies” are generally used for this purpose. “Cookies” are normally files which are temporarily stored on your PC. Cookies cannot be used to start programs or transmit viruses to a computer.  The website checks the cookies automatically when you access it to show the contents in the language you have selected, and select content according to the preferences you set in previous sessions.

You can disable any cookies already stored in your Internet browser. This may prevent you from taking full advantage of all the capabilities offered by the website, however.

In General, the information we collect by the use of “Cookies” is treated as non-personal data as it is anonymized before analysis. Depending on the applicable law technically generated information like Internet Protocol Address (IP Address) and used telecommunications services can constitute personal data. In this case respective data will be handled as personal data and collected, processed and used according to the applicable laws and regulations.

SSL encryption

To protect the security of your data in the transmission, we use an encryption protocol according to the current state of technology (e.g. SSL) via HTTPS.

Newsletter

When signing up to receive our newsletter, the data entered by you will be used exclusively for this purpose. Subscribers can also be informed by email about circumstances that are relevant for the service or subscription (for example, change of the newsletter offer or technical conditions).

For an effective subscription, we need a valid email address. No further data is gathered. The data is used exclusively for mailing the newsletter and it is not transmitted to third parties.

You can revoke the consent to the storing of your personal data and its use for mailing the newsletter at any time. To do so, a corresponding link is included in each newsletter. Furthermore, you can also unsubscribe at any time directly on this website or inform us of your corresponding wish to do so by contacting us via the contact details specified at the end of this Data Privacy Policy.

Contact form

If you contact us by email or by means of the contact form, the information provided by you will be stored for the purposes of processing your enquiry and for potential follow-up questions.

Use of Google Analytics

This website uses Google Analytics, a web analysis service of Google Inc. (hereinafter: Google). Google Analytics uses so-called “cookies”, meaning text files that are stored on your computer and that enable an analysis of the website use by you. The information generated by the cookie about your utilisation of this website is generally transmitted to and saved on a server of Google in the USA. By activation of the IP anonymisation on this website, your IP address however will be truncated beforehand within Member States of the European Union or in other signatory states of the Treaty on the European Economic Zone. The complete IP address will only be transmitted in exceptional cases to a server of Google in the USA and it will be truncated there. By order of the operator of this Website, Google will use this information in order to analyse your utilisation of the website, compile reports about website activities, and perform additional services for the website operator, which relate to the website utilisation and internet use. The IP address transmitted from your browser in the context of Google Analytics will not be combined with other data of Google.

You can prevent the storing of the cookies by a corresponding setting of your browser software; however, we point out that you might not be able to use all functions of this website to full extent in that case. In addition, you may prevent the gathering of the data generated by the cookie relating to your utilisation of the website (incl. your IP address) to be transmitted to Google, as well as the processing of these data by Google by downloading and installing the browser plug-in available at the following link: Browser add-on to deactivate Google Analytics.

Embedded YouTube videos

On some of our websites, we embed YouTube videos. Operator of the corresponding plug-ins is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. When you visit a page with the YouTube plug-in, a connection to servers of YouTube will be established. In the process, YouTube will be told which pages you are visiting. If you are logged in to your YouTube account, YouTube can attribute your browsing pattern to you personally. You can prevent this by logging out of your YouTube account.

If a YouTube video is started, the provider uses cookies that gather information on the user behaviour.

Those who have deactivated the storing of cookies for the Google Ad program do not have to expect such cookies when viewing YouTube videos. YouTube, however, also stores impersonal usage information in other cookies. If you would like to prevent this, you have to block the storing of cookies in your browser.

You can find more information about data privacy at “YouTube” in the provider’s data privacy policy at: https://www.google.de/intl/de/policies/privacy/

Social plug-ins

Our websites use social plug-ins of the providers listed below. You can recognize the plug-ins by the relevant logo that designates them. 

Through these plug-ins, information, which can also include personal data, is sent to the service provider under certain circumstances, who can use it if applicable. We prevent the unknown and unintentional gathering and transmission of data to the service provider by means of a 2-click solution. To activate a desired social plug-in, it must first be activated by a click on the relevant button. The gathering of information and its transmission to the service provider is triggered only by activation of the plug-in. We ourselves do not gather any personal data by means of the social plug-ins or through its use. 

We have no influence over which data is gathered by an activated plug-in and how it is used by the provider. It must be assumed at this time that a direct connection to the services of the provider will be established and that at least the IP address and device-specific information is gathered and used. Likewise, there is the possibility that the service providers attempt to store cookies on the computer that is being used. Please find out from the data privacy policies of the respective service provider which data specifically is gathered in the process and how it is used. 

Special function associated with the LinkedIn plugin: 

Our website utilizes functions of LinkedIn. Each time one of our pages containing LinkedIn functions is accessed, a connection to LinkedIn servers is established. LinkedIn is informed that you have visited our web pages with your IP address. If you click the “Recommend button” of LinkedIn and are logged into your account at LinkedIn, it is possible for LinkedIn to assign your visit to our website to you and your user account. We would like to emphasize that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by LinkedIn. 

We have integrated social media buttons of the following companies on our website: 

LinkedIn Corporation (2029 Stierlin Court- Mountain View- CA 94043- USA)
You can find more information about this in LinkedIn’s privacy policy at:
https://www.linkedin.com/legal/privacy-policy

Twitter Inc. (One Cumberland Place, Fenian Street, Dublin 2 D02 AX07, Ireland.)
You can find more information about this in Twitter’s privacy policy at:
https://twitter.com/en/privacy

Accuracy of Personal Data

BESA GmbH is committed to keep its records of our potential customers’, customers’, and/or users’ personal data up to date and make it easy for them to maintain the data.

Retention of Personal Data

We have to comply with the given storage times of the applicable finance and tax regulations. After that time your data will be erased.

For advertising purposes (e.g. Newsletter) we store your data as long as we have your consent. In every newsletter you have the possibility to recall your consent (unsubscribe function at the end of every newsletter), and your data will be erased accordingly.

All other data will be stored as long as it serves a specific purpose (e.g. support and maintenance requests to ensure best software function).

Need for personal data

In the event you choose not to transmit certain personal information, BESA GmbH may not be able to fulfill your general request, support requests, request for quote and/or sales. Any data not needed to fulfill this request will not be stored.

You always have the possibility to unsubscribe from our newsletter via our webpage or by replying to the latest newsletter using the unsubscribe function at the bottom. BESA however will continue to process your data in order to provide you important notices concerning you purchased products and/or services as well as communicate important changes to our policies.

Children’s Privacy

BESA GmbH will not knowingly collect personal data of any person that is not a legal adult (children). If BESA becomes aware of accidentally collated children data (e.g. without prior parental consent), the respective dataset will immediately be deleted from our records.

Children are not a target group for BESA products and services.

Data Security

For BESA GmbH the security of your personal data is of utmost importance. We protect your provided personal data with technical and organizational security measures against alteration, loss, destruction (accidental or unlawful), and/or any unauthorized access.

Security Breach

BESA GmbH has established effective controls to prevent unauthorized access to your data. Personal data is only stored in encrypted databases and on specially protected servers.

If BESA becomes aware of any security breach impacting your personal data, we will inform you soon as possible once the breach has been determined.

Data Security Officer

BESA GmbH has appointed a data security officer in order to monitor the usage of your personal data and make changes to the privacy statement in order to further comply to the applicable laws and regulations.

Right to be Forgotten

BESA GmbH is committed to take reasonable action to delete all your personal data in our databases if you withdraw your consent to the usage of your personal data. If you file such request by e-mail we will comply within reasonable time to perform the deletion of your personal data. Data you made public and/or provided yourself to third parties cannot be deleted as this is out of the reach of BESA GmbH.

To request such deletion, please contact data-protection@besa.de. There is no need to state a reason for the request.

However, BESA GmbH has to comply with the rules given under Retention of Personal Data and cannot delete any data before the storage times have past or it is technically impossible to.

Changes in our Data Privacy Policies

We reserve adjusting this Data Privacy Policy from time to time, so that it is always consistent with the current legal requirements or to integrate changes in our services in the Data Privacy Policy, e.g. if new services are introduced. The new Data Privacy Policy will then apply for your returning visit.

Questions

If you have any further question, which have not been answered in this statement, wish to amend, correct, or delete any inaccuracies in your personal data, please contact us and we will be happy to answer your request in a reasonable time. Please contact us under

BESA GmbH
Freihamer Str. 18
82166 Graefelfing
Germany

data-protection@besa.de

Applicable law

This legal notice is governed by German law.
Should disputes arise over its interpretation, they shall be resolved only under German law and – insofar as permitted – by the courts of Munich.