Privacy policy

We are delighted that you have visited our website https://byschulz.com and are interested in our company. With the aim of offering you the highest possible level of transparency, we would like to inform you below about the nature, scope, and purpose of the collection, processing, and use of personal data that arises in connection with the use of our website. You can access the complete text of the General Data Protection Regulation (hereinafter referred to as “GDPR”) here.

Content

1. Definitions of terms
2. Controller pursuant to Article 4 No. 7 GDPR
3. Legal Basis for Processing
4. Storage of data / deletion of data
5. Disclosure of personal data
6. Collection of personal data
6.1. Exclusive informational use of our websites
6.2. Contact via email
6.3. contact form
7. Cookies
8. Hosting
9. YouTube
10. Newsletter
10.1. Registration and confirmation (double opt-in procedure)
10.2. logout
10.3. Using the rapidmail program
11. OpenStreetMap
12. etracker Analytics (Webtracking)
13. Your Rights
14. Right to object
15. Data security

1. Definitions of terms

The following terms used in our privacy policy are defined in Article 4 of the GDPR. This is only an excerpt from Article 4 of the GDPR. You can view all definitions in the GDPR (available here).

Personal data (Art. 4 No. 1 GDPR)
Personal data is any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”); A natural person is considered identifiable if they can be identified, directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier, or one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural, or social identity of that natural person.
Processing (Art. 4 No. 2 GDPR)
Processing refers to any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, distribution, or otherwise making available, alignment or combination, restriction, erasure, or destruction.
Pseudonymization (Art. 4 No. 5 GDPR)
Pseudonymization involves processing personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
Controller (Art. 4 No. 7 GDPR)
The controller is the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
A processor is a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller.
Third party (Art. 4 No. 10 GDPR)
A third party is a natural or legal person, public authority, agency, or other body other than the data subject, the controller, the processor, and the persons who, under the direct authority of the controller or processor, are authorized to process personal data.
Consent (Art. 4 No. 11 GDPR)
Consent of the data subject means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
Company (Art. 4 No. 18 GDPR)
A company is defined as a natural or legal person engaged in economic activity, regardless of its legal form, including associations or partnerships that regularly engage in economic activity.

2. Controller pursuant to Art. 4 No. 7 GDPR

by, schulz GmbH
Bühler Straße 121
66130 Saarbrücken, Germany
Phone: +49 (0)681 – 95 97 25 0
Fax: +49 (0)681 – 95 97 25 20
Email: info@byschulz.com
You can view our full legal notice here:
https://byschulz.com/impressum

3. Legal basis for processing

For each processing operation described in our privacy policy, we will inform you of the legal basis on which the processing is carried out. A distinction is made between the following cases in which processing is lawful:
You have given us your consent to process your personal data for one or more specific purposes (Art. 6 (1) (a) GDPR).
There is a contract between you and us, for the fulfillment of which the processing is carried out, or the processing is necessary for the implementation of pre-contractual measures that are carried out at your request (Art. 6 para. 1 sentence 1 lit. b GDPR).
The fulfillment of a legal obligation to which we are subject requires processing (Art. 6 para. 1 sentence 1 lit. c GDPR).
The protection of vital interests on your part or on the part of another natural person requires processing (Art. 6 para. 1 sentence 1 lit. d GDPR).
Der Schutz lebenswichtiger Interessen Ihrerseits oder einer anderen natürlichen Person erfordern eine Verarbeitung (Art. 6 Abs. 1 S. 1 lit. d DSGVO).
The necessity of processing to safeguard our legitimate interests or those of a third party, unless your interests or fundamental rights and freedoms requiring the protection of personal data prevail (Art. 6 (1) (f) GDPR).

4. Storage of data / deletion of data

Within the processing described in our privacy policy, we will inform you of the corresponding storage period or the time of deletion or blocking of data. If no explicit storage period is defined, the data will be deleted or blocked as soon as the purpose or legal basis for storage no longer applies.
Storage may continue beyond the defined periods if legal regulations to which we are subject (e.g., § 147 AO, § 247 HGB) provide for a different storage period.
At the end of the storage period, the personal data will be deleted or blocked, unless further storage is required by us on a legal basis. In addition, storage beyond the specified period is possible in the event of a (possible) legal dispute with you or other legal proceedings.

5. Disclosure of personal data

If your personal data is transferred, you will be informed accordingly in the relevant section of our privacy policy. If your personal data is transferred outside the European Economic Area and thus to so-called third countries, you will be informed accordingly in the relevant section of our privacy policy. As a matter of principle, we only transfer personal data to third countries where an adequate level of protection has been confirmed by the EU Commission or where we can ensure the careful handling of personal data on the basis of contractual agreements or other suitable guarantees.

6. Collection of personal data

Below, we will inform you about the collection of personal data (such as your name, email address, postal address, or user behavior).

6.1. Exclusive informational use of our websites

If you do not register on our website (for example, in the form of a newsletter) or otherwise transmit data to us (for example, by using a contact form), only the personal data that your browser transmits to our server will be collected. This is data that is technically necessary for us to provide you with the website in a secure and stable manner. This is the following information, which is derived from a log file line:

Internet Protocol address (IP address)
Time and date of each access
Time zone difference from Greenwich Mean Time (GMT)
The specific page accessed
Access status / Hypertext Transfer Protocol (http)
Amount of data transferred in each case
Website from which our website was accessed (referrer URL)
Internet browser used (including language and version)
Operating system used

The legal basis for collecting the listed data is Art. 6 (1) (f) GDPR. We have a legitimate interest in ensuring error-free connection establishment and convenient use of our website, as well as in analyzing system stability and security and using the data for other administrative purposes.

6.2. Contact via email

When you contact us via the email address provided in section 2 or other email addresses of our company published on our website, we will store your email address and other contact details contained in your email (e.g., your name or telephone number) in order to process your request. This data will be deleted immediately as soon as further storage is no longer necessary. If there are legal retention periods for the data, the data will be restricted instead of deleted. The legal basis for processing the data is derived from Art. 6 (1) (b) GDPR or Art. 6 (1) (f) GDPR, depending on the reason for sending the email, i.e., either to process the contract concluded with you and to fulfill our (pre)contractual obligations, or is based on our legitimate interest in contacting parties interested in our services.

6.3. contact form

When you contact us using the contact form on our website, we store and process the contact details you provide in order to process your enquiry. The legal basis for processing the data is, depending on the reason for contacting us, Art. 6 (1) (b) GDPR or Art. 6 (1) (f) GDPR, i.e. it is either for the purpose of processing the contract concluded with you and fulfilling our (pre)contractual obligations, or is based on our legitimate interest in contacting parties interested in our services.

7. Cookies

We use cookies on our website. Cookies are small, browser-specific text files that are stored on your hard drive. This provides the entity that sets the respective cookie with certain information, but does not allow programs to be executed or viruses to be transmitted. Cookies are divided into the following categories:
First, a distinction is made based on who set the cookie (website operators in the form of first-party cookies or third parties in the form of third-party cookies).
Then there is a distinction based on the duration of storage.

There are transient cookies that are automatically deleted when you close your browser. These are primarily session cookies, which store a session ID. These session cookies recognize your computer when you return to our website during the same browser session. When you close your browser or log out, these temporary cookies are deleted.
In addition, there are so-called persistent cookies, which are stored for a longer period of time (up to two years). However, the period until deletion varies from cookie to cookie. You can delete these cookies manually at any time via your browser settings.
Another group is made up of so-called Flash cookies. These are Flash Player-related cookies that store the technical data required to play video or audio content (e.g., image quality or network speed). Normally, these cookies do not have an automatic expiration date and store the necessary data independently of the browser used. Some browsers (e.g., Firefox) offer the option of deleting Flash cookies together with other cookies.

Cookies are also classified according to their function, which is most relevant from a data protection perspective.

Technical (essential) cookies are cookies that are necessary to perform basic functions of the website (e.g., saving a product that has been placed in the shopping cart).
Performance cookies collect information about how the website is used and any errors that occur. This is anonymous information that is used to improve the website.
Advertising cookies or targeting cookies make it possible to display customized advertising (including from third-party providers) to website users and to determine the effectiveness of this advertising.
Sharing cookies connects the website to other services (e.g., social media sites).

We only use technical cookies automatically, i.e. cookies that are essential for the operation of our website, on the basis of our legitimate interest within the meaning of Art. 6 (1) (f) GDPR in order to design our website effectively and improve it continuously.
Please note that you can prevent the storage of cookies at any time by adjusting your browser settings accordingly. We have compiled further information on this subject for the most common browsers below, but would like to point out that this may restrict the functionality of our website.

8. Hosting

Our website is hosted by HostPress GmbH, Bahnhofstraße 34, 66571 Eppelborn, Germany, legal notice: https://www.hostpress.de/impressum/ (hereinafter referred to as “HostPress”). When you visit our website, the personal data specified in this privacy policy is transmitted to HostPress for purely informational use of the website. We have concluded a corresponding contract for order processing with HostPress for this purpose. HostPress’s server locations are exclusively in Germany. You can find HostPress’s privacy policy here: https://www.hostpress.de/datenschutz/.

9. YouTube

We embed YouTube videos on our website. YouTube is a video portal operated by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, legal notice: https://www.google.de/intl/de/contact/impressum.html. The parent company of this Ireland-based company is: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter referred to as “Google”). Google’s privacy policy can be found here: https://policies.google.com/privacy?hl=de.
We have embedded the videos in what is known as “extended privacy mode,” which ensures that no cookies are set and—according to Google—the playback of the video by Google is not used to personalize the use of the YouTube platform. Likewise, according to Google, the playback of the video is not used to personalize advertising.
Data is transferred to the USA and thus to a third country. The data transfer to this third country is justified in this case under Articles 44 and 45 of the GDPR, as Google is an active participant in the Data Privacy Framework. This is a data protection agreement between the EU and the USA, in which the level of data protection for certified companies in the USA is declared adequate (“adequacy decision”). The legal basis for processing the data is otherwise derived from Art. 6 (1) (f) GDPR, i.e. it is based on our legitimate interest in providing videos on our website to our website users so that they can find out about our services.
When you play the video, local and session storage are also described, which is technically necessary for you to be able to play the video.

10. Newsletter

10.1. Registration and confirmation (double opt-in procedure)

The only mandatory information in the registration form is your email address. Registration is carried out using a double opt-in procedure. This means that after registering, you will receive an email at the email address you entered. This email contains a link. By clicking on this link, you can confirm that you would like to receive our newsletter from now on. After confirmation, we will store your email address and any additional data you have voluntarily provided (the legal basis for this is Article 6(1)(a) GDPR) in order to send you the newsletter in the future.
If this confirmation is not received within 4 weeks, the information provided to us (your email address) will be deleted. Furthermore, we will only store your IP address and the times of your newsletter registration, newsletter confirmation, and newsletter unsubscription after sending the last newsletter for the period in which it is necessary for us to keep proof of your registration, including your confirmation and your unsubscription, and to enable the investigation of any misuse of your data. (The time of deletion is therefore determined by the limitation period for any claims).

10.2. logout

You have the right to revoke your consent to receive our newsletter at any time and thus unsubscribe from the newsletter without incurring any costs other than the transmission costs according to the basic rates. There are two ways to do this. Firstly, you can send us an email to info@byschulz.com or click on the “Unsubscribe newsletter” link at the end of every newsletter you receive from us.

10.3. Verwendung des Programms rapidmail

Newsletter dispatch
To send our newsletter, we use the rapidmail program from rapidmail GmbH, Wentzingerstraße 21, 79106 Freiburg im Breisgau (hereinafter referred to as “rapidmail”). The rapidmail legal notice can be found here: https://www.rapidmail.de/impressum. We have concluded a corresponding contract for order processing with rapidmail for this purpose. The service’s servers are operated exclusively in Germany: https://www.rapidmail.de/newsletter-marketing-dsgvo-und-datenschutz-konform.
Tracking
The program enables us to regularly optimize the newsletter for you by analyzing your opening behavior. This is done by using so-called tracking pixels (a tracking pixel, also known as a counting pixel, is a small graphic that is automatically reloaded when an HTML email is opened, enabling user behavior to be tracked). The tracking pixels we use allow us to determine when you read our newsletter. By subscribing to the newsletter, you consent to this, which constitutes the legal basis for processing in accordance with Art. 6 (1) (a) GDPR. Your consent is automatically revoked when you unsubscribe from the newsletter. To prevent tracking, you can disable the display of images in your email program by default, although this may prevent the newsletter from being displayed in full and certain functions from being used.

11. OpenStreetMap

We integrate map material from OpenStreetMap into our website. If you access map material from the EU or the UK, servers in the EU or the UK will be used for this purpose. Under an adequacy decision by the EU, the UK is considered a “safe third country” in terms of data protection law. If you access the map from locations other than those mentioned above, caches in non-safe third countries may also be used, which is why we expressly advise against this.
If you do so, this constitutes your express consent to the possible transfer to third countries (Article 49(1)(a) GDPR), which is recorded when you access the maps from OpenStreetMap. In this regard, we refer you to the provider’s privacy policy.
The legal basis for this is our legitimate interest (Article 6(1)(f) GDPR) in enabling you, as our user, to find our location in a generally usable and convenient manner. To the best of our knowledge, OpenStreetMap uses user data exclusively for the purpose of displaying map functions and temporarily storing the selected settings. This data may include, in particular, IP addresses and location data of users, but this data is not collected without their consent (usually as part of the settings on their mobile devices). You can prevent this by adjusting the settings on your mobile devices.

12. etracker Analytics (Webtracking)

We use the etracker Analytics service from etracker GmbH, Erste Brunnenstraße 1, 20459 Hamburg, Germany, legal notice: https://www.etracker.com/impressum/ (hereinafter referred to as “etracker”) on our website. Here you will find FAQs from etracker regarding the GDPR: https://www.etracker.com/docs/faq/eu-dsgvo/. You can access etracker’s privacy policy here: https://www.etracker.com/datenschutz/. We have concluded a corresponding contract for order processing with the company etracker. We use etracker Analytics on the basis of our legitimate interest pursuant to Art. 6 (1) (f) GDPR, in this case in the interest of evaluating our website and improving it for you as a user. etracker Analytics does not use cookies as standard, but records visitor behavior (using purely technical parameters, such as the abbreviated IP address or the browser used) within a session (website visit) using cookie-less session tracking. Here, a fingerprinting process is used to generate a hash value (a combination of characters from which the original data cannot be derived) from purely technical data (such as the truncated IP address or the browser used), to which the date of the page view is added to make it even more unlikely that the user’s identity can be traced. This value is automatically deleted every 24 hours. Within these 24 hours, this fingerprint makes it possible to analyze user behavior.
You can object to data processing at any time here:

13. Your Rights

Below, we explain your rights under the GDPR. You can access the complete GDPR document here.

Right to information pursuant to Art. 15 (1) GDPR
You have the right to request confirmation from us as to whether personal data concerning you is being processed. If this is the case, you have the right to obtain information about this personal data, the purposes of processing, the categories of personal data processed, the recipients or categories of recipients to whom your personal data has been or will be disclosed (in particular recipients in third countries or international organizations), the storage period or criteria for determining the storage period, the existence of a right to rectify or erase personal data concerning you or the right to restrict processing on our part, as well as the existence of a right to object to this processing, the existence of a right to lodge a complaint with a supervisory authority, all available information about the origin of the data (in case it was not collected by us), the existence of automated decision-making, including profiling, and, where applicable, meaningful information about the logic involved, as well as the significance and intended effects of such processing.
Right to rectification under Article 16 GDPR
You have the right to request that we immediately rectify inaccurate personal data and complete incomplete personal data concerning you.
Right to erasure (“right to be forgotten”) pursuant to Art. 17 (1) GDPR
You have the right to request that we erase personal data concerning you without undue delay. However, according to Art. 17 (3) GDPR, this right does not apply if the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest in the area of public health, for archiving purposes in the public interest, or for the establishment, exercise, or defense of legal claims.
Right to restriction of processing pursuant to Art. 18 (1) GDPR
You have the right to request that we restrict the processing of your personal data if you dispute the accuracy of your personal data (the restriction applies for the period that enables us to verify the accuracy), the processing of your personal data is unlawful and you refuse to have it deleted, we no longer need your personal data for the purposes of processing, but you need it to assert, exercise, or defend legal claims, or you have objected to the processing pursuant to Art. 21 (1) GDPR (the restriction applies in this case until it has been determined whether our legitimate reasons outweigh yours).
Right to data portability pursuant to Art. 20 GDPR
You have the right to receive the personal data concerning you from us in a structured, commonly used, and machine-readable format and to transmit it to another controller without hindrance on our part (or to request direct transmission from us to another controller, if technically possible) if the processing by us was based on consent or a contract or was carried out using automated procedures.
Right to withdraw consent granted in accordance with Art. 7 (3) GDPR
You have the right to withdraw your consent at any time with future effect, so that data processing based on your consent can no longer be continued in the future, but this does not affect the lawfulness of the processing carried out prior to your withdrawal.
Right to lodge a complaint under Article 77 of the GDPR
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority if you believe that the processing of your personal data violates the GDPR. As a rule, you can contact the supervisory authority of your usual place of residence, your place of work, or the place of the alleged infringement. Further information on this can be found on the website of the Federal Commissioner for Data Protection and Freedom of Information.

14. Right to object

In addition to the aforementioned rights, you also have the right to object at any time to the processing of your personal data, which is carried out on the basis of the performance of a task carried out in the public interest or in the exercise of official authority (Art. 6 (1) (e) GDPR) or to safeguard our legitimate interests (Art. 6 (1) (f) GDPR), provided that there are reasons for this arising from your particular situation. In the event of an objection, no further processing of the personal data will be carried out unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing serves to assert, exercise, or defend legal claims. In the event of the processing of your personal data for the purpose of direct marketing or profiling, provided that there is a connection to direct marketing, you have a general right to object without having to provide reasons arising from your particular situation. In the event of an objection, we will immediately cease processing your personal data for these purposes. To exercise your right of withdrawal or objection, simply send an email to: info@byschulz.com

15. Data security

Our website uses the TLS 1.3 (Transport Layer Security) encryption and communication protocol. The TLS certificate we use, issued by a certification authority, enables encrypted data exchange between web browsers and web servers, preventing sensitive data from being read by third parties. We use the highest level of encryption supported by your browser, which is usually 256-bit encryption. The higher the number of bits, the longer the key and the better the protection against third parties.

This privacy policy was created individually for this website by Frame for Business GmbH in cooperation with the law firm Dr. Schultheiß.