General Data Protection Notice

Purpose of the service provided on https://cleantech-campus.com:

Users registered on https://cleantech-campus.com share with other registered users their professional details, submitting and viewing relevant professional content so as to find opportunities in the business realm. For further details about registration, please refer to Part 2 Sections II and III.

Responsible according to the General Data Protection Regulation is:

Bezirksamt Marzahn-Hellersdorf von Berlin
(District Office Marzahn-Hellersdorf of Berlin)
Bezirksstadtrat für Wirtschaft, Straßen und Grünflächen
(District Councilor for Economics, Roads and Green Areas)
Wolfener Str. 32-34
12681 Berlin
Germany
Email: innovation@cleantechpark.de
Website: https://www.berlin.de/ba-marzahn-hellersdorf/

Contact information to the Data Protection Officer is:

Bezirksamt Marzahn-Hellersdorf von Berlin
(District Office Marzahn-Hellersdorf of Berlin)
Datenschutzbeauftragter
(Data Protection Officer)
Alice-Salomon-Platz 3
12627 Berlin
Germany
Email: datenschutz@ba-mh.berlin.de

In the following, the Bezirksamt Marzahn-Hellersdorf von Berlin shall be referred to as “BMH”.

This Notice presents a general information to the collection and processing of personal data made by BMH within the context of their business operation.

This Notice also contains the terms of use for the https://cleantech-campus.com website, including but not limited to special provisions about indemnification in case of unlawful usage of intellectual third party rights and/or material infringing data protection rights.

In addition to this information, BMH may, for specific processing, provide further supplementary information, in particular details to the respective processing, to the processing purposes, the categories of the data concerned, the receiving parties of data, the legal basis of the processing, and to the data storage period.

Contents

Part 1: Processing of Personal Data

Part 2: Specific Processing Situations
I. BMH Websites Provision and the Use of Cookies
  II. Registration
  III. BMH Applications (BMH apps)

Part 3: Indemnification (Intellectual Property and data protection rights)

Part 4: Definitions

 

Part 1: Processing of Personal Data

Within the context of the business operation of the https://cleantech-campus.com website − beyond the processing as pointed out in part 2 of the General Data Protection Notice – personal data of business partners and contacts of business partners in particular by email, mail, fax, as well as conversations over the phone and in person, is collected. As a result, personal data of business partners, such as distribution and service partners of BMH, may also be transmitted.

1. Data

The following categories of data may be collected and received:

On https://cleantech-campus.com, BMH does not process specific categories of data. Please do not make any sensitive data available to BMH (please refer to Part 3).

Moreover, https://cleantech-campus.com is only applicable to persons 18 years of age and older.

The provision of this personal data may be necessary for the conclusion of a contract, for entering into business relationships with other registered users, and may be required by law or contract. If this data is not made available in whole or in part, it may not be possible to conclude a contract or a contract may not be executed.

2. Receiving Party of Data

BMH processes your personal data. BMH deploys processors. The latter may be third-party entities within the European Economic Area. As a rule, BMH does not transmit data to receiving parties outside of the European Economic Area (for exceptions, please see the notices for specific processing in part 2).

3. Purpose of Processing

To carry out their commercial activities, BMH processes data collected or received, in particular to substantiate and fulfill business transactions, as well as business communication including direct marketing.

4. Legal Basis

If we are given consent to process personal data Article 6(1)(a) of the EU General Data Protection Regulation (“GDPR“) serves as legal basis. Legal basis for the processing of personal data to initiate or perform a contract to which a data subject is party is Article 6(1)(b) GDPR. If processing is required for BMH to meet their legal obligations (obligations to preserve, for example), Article 6(1)(c) GDPR serves as legal basis. Personal data will also be processed to assert the legitimate interests of BMH and third parties under Article 6(1)(f) GDPR. Legitimate interests lie in the functionality of the IT system of BMH, the marketing of BMH products and services, as well as the documentation of business contacts required by law.

5. Consents and Withdrawal Procedure

Any consent is provided freely. If you give your consent, you have the right to withdraw your consent at any time. The withdrawal of consent does not affect the lawfulness of Processing based on consent before its withdrawal. After your withdrawal, we will stop to Process your Personal Data, including storage. This paragraph is only relevant for Processing that is entirely voluntary – it does not apply for Processing that is necessary or obligatory in any way. To withdraw your consent, please send us an email to innovation@cleantechpark.de.

6. Storage Period

Personal data of data subjects are deleted or blocked as soon as the processing or storage purpose no longer applies. Storage beyond this period only occurs as long as and as far as it is designated by the EU or Member States legislation in Union Acts, Law, or other regulations, that BMH is subject to.

7. Automated Decision Making and Profiling

You are not subject to any decision based solely on automated processing, including profiling.

8. Data Protection Rights of the European Union

You have the right to access the respective personal data and to request data portability, as well as to correct, delete or limit the processing, and the right to object to the processing of these data. Information requests must be made to: innovation@cleantechpark.de.

Beyond that, you have the right of complaint at a supervisory authority in the European Union:

Berliner Beauftragte für Datenschutz und Informationsfreiheit
(Berlin Data Protection and Freedom of Information Commissioner)
Friedrichstr. 219
10969 Berlin
Germany

Email: mailbox@datenschutz-berlin.de).

Part 2: Specific Processing Situations

In addition, the information under Part 1 also applies.

I. BMH Websites Provision and the Use of Cookies

Every time a user accesses the https://cleantech-campus.com website and every time a file on our website is retrieved, BMH IT systems collect automated data and information from the retrieving medium and store these in a log file on the respective BMH server. BMH websites use cookies. Cookies are files that are stored on the respective medium applied by the user. When accessing a BMH website, a cookie may be stored on the user’s medium. Cookies allow a clear identification of the medium when the website is revisited.

1. Purpose of Processing

The data stored in log files is evaluated exclusively for statistical purposes. BMH uses cookies to make the website user friendly and to make the chosen content available again after a website change. Furthermore, BMH uses cookies that allow for an analysis of user behavior on their websites. Log files and cookie data are not stored together with other personal data of users.

2. Data

In this regard, the following data may be collected:

3. Disclosing data to third persons

For the processing of personal data within the website provision BMH deploys other entities as processors within the European Economic Area, and for web analyses and conversion tracking Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 in the USA. BMH also uses social media plugins of social network providers (pre-built links to the respective network) that, however, initially remain deactivated and do not transmit data to third parties. Only after the respective buttons are activated (first click) the data will be transmitted to these providers. Recommendations will only be transmitted with a second click. The providers are Google Inc. (see address above), as well as Facebook Ireland Limited, Hanover Reach, 5-7 Hanover Quay, Dublin 2 in Ireland, and Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103 in the USA. Data thereto may be transmitted to servers in the USA and processed there. No adequacy decision for the U.S. has been made by the European Commission within the meaning of Article 45(1) GDPR. Google Inc., Facebook Inc., and Twitter Inc. are, however, certified under the EU-U.S. Privacy Shield, with the result that the transmission is permitted under Article 46(2)(f) (implementing decision (EU) 2016/1250 of the European Commission dated July 12, 2016). You may prevent the collection and transfer of data within the context of social media plugins by not activating the respective buttons through clicking. You may prevent the further collection and transfer of your data by Google. For this, Google Inc. provides the relevant information: https://tools.google.com/dlpage/gaoptout?hl=de.

For additional information please send an email to innovation@cleantechpark.de.

4. Legal Basis

Legal basis for the temporary storage of data is Article 6(1)(f) GDPR. The temporary storage of data by the system is required in order to enable the website’s appearance and the transfer of retrieved files to the user’s computer. The purpose of cookies is to simplify the use of the websites for the user; without the use of cookies, several functions of our website cannot be provided.

5. Storage Period for Log Files

Data to the website appearance will be deleted after each session has ended. Log files will be deleted upon expiry of legal retention obligations, at the latest after 14 months.

6. Prevention of Cookies / Deletion

You may deactivate or limit the transfer of cookies through your Internet browser or Flash Player settings. The user may delete previously stored cookies at any time. In the event that cookies are deactivated, you may not be able to use all BMH website functions to their fullest extent any longer.

7. Links to Other Websites

The online offering contains links to other website (e.g. social media plugins). BMH has no influence on the website content of third parties. BMH is not responsible for the external content that can be reached by clicking the links and does not adapt the content as their own. Responsible for the content of linked sites is always the respective provider or website operator. As soon as a violation of law becomes known, BMH will remove such links immediately. Please inform us at innovation@cleantechpark.de.

 

II. Registration

You have the option to register at the BMH website by providing your personal data. This will also allow for the sharing of your enterprise’s business information to other registered enterprises in a viewable format.

1. Purpose of Processing

BMH uses your registration as basis to electronically communicate business with you and to make available in a viewable format the information about your business to other companies registered on https://cleantech-campus.com.

2. Data

Within the context of the registration, in particular data obtained from the input mask, the following data will be collected:

3. Disclosing data to third persons

BMH processes your personal data. BMH deploys other entities as processors within the European Economic Area. BMH does not transfer personal data to third parties outside of the Group. Transmission of data to receiving parties outside of the European Economic Area does not take place.

Given the nature of the service provided on https://cleantech-campus.com and the borderless concept of the internet technology, the professional business data you specifically and on an opt-in basis deem public will be viewable for other registered users regardless of their location.

4. Legal Basis

With your registration, you consent to the mentioned processing of your personal data entered into the input mask. The legal basis for processing in the context of a consent is Article 6(1)(a) GDPR.

5. Consents and Withdrawal Procedure

Any consent is provided freely. If you give your consent, you have the right to withdraw your consent at any time. The withdrawal of consent does not affect the lawfulness of Processing based on consent before its withdrawal. After your withdrawal, we will stop to Process your Personal Data, including storage. This paragraph is only relevant for Processing that is entirely voluntary – it does not apply for Processing that is necessary or obligatory in any way. To withdraw your consent, please send us an email to innovation@cleantechpark.de.

Without a valid consent, you are not able to participate in electronic business communications or to have your business information shared with other registered members. BMH may also process personal data after the receipt of your withdrawal on the basis of its legal obligations to preserve under Article 6(1)(c) GDPR as well as due to legitimate interests of BMH and third parties under Article 6(1)(f). Legitimate interests lie in the functionality of the IT system of BMH, as well as in the documentation of business contacts required by law.

6. Storage Period

Personal data of data subjects are deleted or blocked as soon as the processing or storage purpose no longer applies. Storage beyond this period only occurs as long as and as far as it is designated by the EU or Member States legislation in Union Acts, Law, or other regulations, that BMH is subject to.

 

III. BMH Applications (BMH apps)

BMH develops applications to diagnose and control BMH products. BMH products can be observed and used on devices running iPhone, Android and window operating systems. In the process, machine data (place, parameter, etc.) may be combined with personal data (telephone number, IMEI number, email addresses, identification). Further, BMH apps feature the option to register at BMH by providing your personal data. This will also allow for the sharing of your enterprise’s business information to other registered enterprises in a viewable format.

1. Purpose of Processing

BMH processes data collected or received via the BMH app for diagnosis as well as controlling, but also to further develop their products. Further, BMH uses your registration as basis to electronically communicate business with you and to make available in a viewable format the information about your business to other companies registered on https://cleantech-campus.com.

2. Data

The following categories of data may be processed:

3. Disclosing data to third persons

BMH processes your personal data. BMH deploys processors. The latter may be third-party entities within the European Economic Area. The transmission of data from the respective device depends on the operating system used, the telecommunication network provider, as well as other providers of data communication (e.g. Wi-Fi provider). Please observe the data protection notices of these entities.

Given the nature of the service provided on https://cleantech-campus.com and the borderless concept of the internet technology, the professional business data you specifically and on an opt-in basis deem public will be viewable for other registered users regardless of their location.

4. Legal Basis

If we are given consent to process personal data Article 6(1)(a) of the GDPR serves as legal basis. Legal basis for the processing of personal data to initiate or perform a contract to which a data subject is party is Article 6(1)(b) GDPR. If processing is required for BMH to meet their legal obligations (obligations under a warranty), Article 6(1)(c) GDPR serves as legal basis. Personal data will also be processed to assert the legitimate interests of BMH and third parties under Article 6(1)(f) GDPR. Legitimate interests lie in the implementation of warranty and repair services, as well as in the product development and marketing of BMH products and services, and in the documentation of business contacts required by law.

5. Consents and Withdrawal Procedure

Any consent is provided freely. If you give your consent, you have the right to withdraw your consent at any time. The withdrawal of consent does not affect the lawfulness of Processing based on consent before its withdrawal. After your withdrawal, we will stop to Process your Personal Data, including storage. This paragraph is only relevant for Processing that is entirely voluntary – it does not apply for Processing that is necessary or obligatory in any way. To withdraw your consent, please send us an email to innovation@cleantechpark.de.

Without a valid consent, you are not able to participate in electronic business communications or to have your business information shared with other registered members. BMH may also process personal data after the receipt of your withdrawal on the basis of its legal obligations to preserve under Article 6(1)(c) GDPR as well as due to legitimate interests of BMH and third parties under Article 6(1)(f). Legitimate interests lie in the functionality of the IT system of BMH, as well as in the documentation of business contacts required by law.

6. Storage Period

Personal data of data subjects are deleted or blocked as soon as the processing or storage purpose no longer applies. Storage beyond this period only occurs as long as and as far as it is designated by the EU or Member States legislation in Union Acts, Law, or other regulations, that BMH is subject to.

 

Part 3: Indemnification (Intellectual Property and data protection rights)

By using https://cleantech-campus.com, you agree to defend, indemnify and hold harmless BMH and its officers, directors, employees, agents, successors and assignees, from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorney fees arising out of

(i) any infraction of third party Intellectual Property Rights and/or

(ii) any infraction of data protection rights;

provided, however, that (1) BMH shall have given you a prompt written notice of such claim, suit, demand, or action; (2) BMH shall reasonably cooperate with you in the defense and settlement thereof at your expense; and (3) you shall have sole control of the defense of such claim, suit, demand, or action and the settlement or compromise thereof. Notwithstanding anything herein to the contrary, you shall not enter into any compromise or settlement that shall have the effect of creating any liability or obligation (whether legal or equitable) on the part of BMH without BMH’s prior written consent, and no such compromise or settlement is hereby authorized unless BMH receives a complete release of liability under such compromise or settlement. BMH’s failure to give notice pursuant to this subsection shall not relieve you from its indemnification obligations except to the extent, if any, that you are actually prejudiced as a result of such failure.

 

Part 4: Definitions

‘Controller’ means the entity that decides how and why Personal Data is Processed. In many jurisdictions, the Controller has primary responsibility for complying with applicable data protection laws.

‘Intellectual Property Right’ means right that can be protected under law, including, but not limited to, copyrightable works (such as photos and/or images), discoveries, and inventions.

‘Personal Data’ means information that is about any individual, or from which any individual is identifiable. Examples of Personal Data that we may Process are provided above in this Policy.

‘Process’, ‘Processing’ or ‘Processed’ means anything that is done with any Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

‘Processor’ means any person or entity that Processes Personal Data on behalf of the Controller (other than employees of the Controller).

‘Sensitive Personal Data’ means Personal Data about racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or a natural person’s sex life or sexual orientation, or any other information that may be deemed to be sensitive under applicable law.

Version 1.0 – July 11, 2018