Oscari Bergs Holding GmbH

Privacy Policy

We would like to inform you below about the collection and processing of personal data in the context of the use of our Internet pages.

Die deutsche Version finden Sie unten Datenschutz.

Responsible

Oscari Bergs Holding GmbH is responsible for these internet page. Further information about our company and the persons authorized to represent you can be found in our legal notice.

Which data do we use?

Legal basis for the processing

In order to be able to offer you our website and the associated services, we process personal data on the basis of the following legal basis:

– as a result of your consent (Art. 6 (1 a) GDPR)

– in order to comply with contractual obligations (Art. 6 (1 b) GDPR)

– within the scope of the balancing of interests (Art. 6 (1 f) GDPR)

– on the basis of statutory regulations (Art. 6 (1 c) GDPR)

We will refer to the respective terminology in connection with the respective processing, so that you can see the basis on which we process personal data.

If personal information is processed by you on the basis of your consent, you have the right to revoke your consent to us at any time with future effect.

If we process data on the basis a balancing of interests, you, as the person concerned, have the right to object to the processing of your personal data, taking into account the requirements of Art. 21 GDPR.

Access data

When you visit our website, personal data is processed in order to be able to display the contents of the website on your device.

In order to display the pages in your browser, the IP address of the device you are using must be processed. Furthermore, more information about the browser of your device will be processed.

In terms of data protection, we are also obliged to guarantee the confidentiality and integrity of personal data processed using our IT systems.

For this purpose and for this interest, the following data are processed on the basis of balancing of interests:

– an Internet protocol address (IP address) – only processed in real time, but not saved

– the operating system used by the accessing system

– the browser types and versions used 

– name of the retrieved file

– the date and time of access 

– transferred amount of data

– the website from which an accessing system reaches our website (so-called referrers).

The full IP address will not besaved. Only the first 6 digits (192.168.x.x) are saved. We can no longer create a personal reference from the remaining data.

The data is also used to detect and correct errors on the Internet pages.

Purposes of processing personal data

We process the aforementioned data for the operation of our website and for the fulfillment of contractual obligations towards our customers or the protection of our legitimate interests.

Voluntary information

As far as you provide voluntarily data (e.g. in forms) and these are not required for the performance of our contractual obligations, we process these data in the legitimate assumption that the processing and use of this data in your interest.

Recipients / Transfer of data

Data that you provide to us will generally not be disclosed to third parties. In particular, your data will not be disclosed to third parties for their advertising purposes.

This website has links to external websites as well as social medias. Only once you clicked on a social media button or link your browser establishes a direct connection to the server of the external websites. We have no Influence on the extent of the data collected in this way by the operators of the websites and social networks. Please note that websites linked to this website may install their own cookies on your device or collect personal data. We have no control over this. Regarding social networks, please note that the operator may process the information that you have accessed our website. If you are logged into one of the social networks at the same time, the operator can assign the corresponding calls to your account on the respective social network. Even if you are not a member of one of the linked social networks, there is a possibility that they will find out your IP address via the social plugin and, eventually record it. For details on the purpose and scope of data processing, collection and use, and your rights and settings in this regard, please refer to the relevant data protection notices.

If you do not want external websites to collect data about you through our website, do not click on the buttons.

Data processing outside the European Union

If personal data is processed outside the European Union, you can see this from the previous comments.

Data Protection Officer

We named a Data Protection Officer.

You can reach her under:

Oscari Bergs Holding GmbH
Duisburger Str. 18, 40477 Dusseldorf

Visitors Address: Am Seestern 8, 40547 Düsseldorf – C/o Gobar

E-Mail: contact@oscaribergs.com

Telephone: +49 (0)211 15897766

Erasure of data

In principle, we delete personal data when there is no requirement for further storage. A requirement may exist, in particular, if the data is still needed in order to be able to fulfill contractual obligations, to examine warranty claims and, if applicable, guarantee claims and to grant or defend them. In the case of legal storage obligations, the date will be deleted only after expiration of the respective retention obligation.

Your rights as a data subject

If your personal data is processed, you are a data subject according to GDPR and you have the following rights:

1. Right of access

You have the right to obtain from the responsible the confirmation as to whether or not personal data concerning you are being processed. 

If such processing occurs, you can request from the responsible access to following information:

(1) the purposes of the processing;

(2) the categories of personal data concerned;

(3) 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 organizations;

(4) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

(5) 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; 

(6) the existence of the right to lodge a complaint with a supervisory authority;

(7) where the personal data are not collected from the data subject, any available information as to their source;

(8) 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 organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer according to Art. 46 GDPR.

2. Right to rectification 

You have the right to obtain from the responsible the rectification and/or completion of inaccurate/incomplete personal data concerning you. The responsible must proceed with the rectification without undue delay. 

3. Right of restriction of processing 

You may request the restriction of the processing of your personal data under the following conditions:

(1) 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.

(2) The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.

(3) 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 defense of legal claims.

(4) 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 the processing of personal data concerning you has been restricted, this data may only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest of a Member State.

If the restriction of the processing under the abovementioned conditions is limited, you will be informed by the person in charge before the limitation is lifted.

4. Right to erasure (Right to be forgotten)

a) Duty to delete

You may require the responsible to delete your personal information without delay, and the responsible is required to delete that information immediately if one of the following is true:

(1) The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

(2) 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. 

(3) 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. 

(4) The personal data have been unlawfully processed. 

(5) The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject. 

(6) The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

b) Information to third parties

Where the responsible has made personal data public and is obliged pursuant to Article 17(1) GDPR to erase the personal data, the responsible, 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 responsible of any links to, or copy or replication of, those personal data, as far as processing is not required. 

c) Exceptions

The right to erasure does not exist if the processing is necessary 

(1) to exercise the right to freedom of expression and information;

(2) to fulfill a legal obligation required by the law of the Union or of the Member States to which the responsible is subject, or to carry out a task of public interest or in the exercise of public authority delegated to the responsible;

(3) for reasons of public interest in the field of public health pursuant to Art. 9 (2) lit. h and i and Art. 9 (3) GDPR;

(4) for archival purposes of public interest, scientific or historical research purposes or for statistical purposes acc. Article 89 (1) GDPR, to the extent that the law referred to in subparagraph (a) is likely to render impossible or seriously affect the achievement of the objectives of that processing, or

(5) to assert, exercise or defend legal claims.

5. Right to information

If you have the right of rectification, erasure or restriction of processing to the responsible, he / she is obliged to notify all recipients to whom your personal data have been disclosed of this correction or deletion of the data or restriction of processing, unless: this proves to be impossible or involves a disproportionate effort.

You have te right to be informed by the responsible who are those recipients.

6. Right to data portability 

You have the right to receive personally identifiable information you provide to the responsible in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another person without hindrance by the person responsible for providing the personal data, provided that

(1) the processing is based on a consent acc. Art. 6 (1) a GDPR or Art. 9 (2). a GDPR or on a contract acc. Art. 6 (1) b GDPR and

(2) the processing is done by automated means.

In exercising this right, you also have the right to obtain that your personal data relating to you are transmitted directly from one person to another, insofar as this is technically feasible. Freedoms and rights of other persons may not be affected.

The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the responsible.

7. Right to object

You have the, on grounds relating to your particular situation, at any time, to object the processing of your personal data, 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 responsible 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 defense of legal claims. 

If the responsible processes personal data for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you 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 Gobar adviseurs BV to the processing for direct marketing purposes, the Gobar adviseurs BV will no longer process the personal data for these purposes. 

Regardless of Directive 2002/58/EC, you have the option, in the context of the use of information society services, of exercising your right to object through automated procedures that use technical specifications. 

8. Right to withdraw data protection consent 

You have the right to withdraw your consent to processing of personal data at any time. The withdraw of consent does not affect the legality of the processing carried out on the basis of the consent until the withdrawal.

9. Right to appeal to a competent data protection supervisory authority

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 violates against the GDPR. 

The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.

Changes of this privacy policy

We revise this Privacy Policy for changes to this website or other occasions that may require it. You will always find the current version on this website.

Privacy Policy Last update by Oscari Bergs on 10.05.2023