Privacy policy

Preamble

With the following privacy policy, we would like to inform you about what types of your personal data (hereinafter also referred to as “data”) we process for what purposes and to what extent. The privacy policy applies to all processing of personal data carried out by us, both in the context of providing our services and particularly on our websites, in mobile applications, and within external online presences, such as our social media profiles (hereinafter collectively referred
to as “online offering”). The terms used are not gender-specific. Status: January 26, 2024

Table of Contents

Controller

Christian Busse

Am Zollhafen 5
41460 Neuss

Email address: support@bitbrew.de
Legal Notice: https://apfel-gold.com/en/imprint/

Overview of Processing Operations

The following overview summarizes the types of data processed and the purposes of their processing and refers to the data subjects. Types of processed data:

Inventory data.
Payment data.
Contact data.
Content data.
Contract data.
Usage data.
Meta, communication and procedural data.

Categories of Data Subjects

Interested parties.
Communication partners.
Users.
Business and contractual partners.

Purposes of Processing

Provision of contractual services and fulfillment of contractual obligations.
Contact requests and communication.
Security measures.
Office and organizational procedures.
Managing and responding to inquiries.
Firewall.
Feedback.
Marketing.
Provision of our online services and user-friendliness.
Information technology infrastructure.

Applicable Legal Bases

Relevant legal bases under the GDPR: Below you will find an overview of the legal bases of the GDPR on which we process personal data. Please note that in addition to the GDPR regulations, national data protection requirements may apply in your or our country of residence. Furthermore, should more specific legal bases be relevant in individual cases, we will inform you of these in the privacy policy.

Consent (Art. 6(1)(a) GDPR) – The data subject has given consent to the processing of their personal data for one or more specific purposes.
Contract Performance and Pre-contractual Inquiries (Art. 6(1)(b) GDPR) – Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.
Legal Obligation (Art. 6(1)(c) GDPR) – Processing is necessary for compliance with a legal obligation to which the controller is subject.
Legitimate Interests (Art. 6(1)(f) GDPR) – Processing is necessary for the purposes of the legitimate interests pursued by the controller 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.

National Data Protection Regulations in Germany: In addition to the data protection regulations of the GDPR, national regulations on data protection apply in Germany. This includes in particular the Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG). The BDSG contains specific regulations on the right to information, the right to erasure, the right to object, the processing of special categories of personal data, processing for other purposes and
transmission, as well as automated individual decision-making, including profiling. Furthermore, state data protection laws of the individual federal states may apply. Note on GDPR and Swiss DPA Applicability: This privacy notice serves to provide information under both the Swiss Federal Act on Data Protection (Swiss DPA) and the General Data Protection Regulation (GDPR). For this reason, please note that GDPR terminology is used for broader territorial
application and comprehensibility. In particular, instead of the terms “processing” of “personal data”, “overriding interest” and “particularly sensitive personal data” used in the Swiss DPA, the terms “processing” of “personal data” as well as “legitimate interest” and “special categories of data” used in the GDPR are used. However, the legal meaning of the terms continues to be determined according to the Swiss DPA within the scope of its application.

Security Measures

In accordance with legal requirements, taking into account the state of the art, implementation costs, and the nature, scope, circumstances, and purposes of processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, we implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk. These measures include, in particular, safeguarding the confidentiality, integrity, and
availability of data by controlling physical and electronic access to the data as well as access to, input, transmission, securing, and separation of the data. Furthermore, we have established procedures to ensure the exercise of data subjects’ rights, the deletion of data, and responses to data compromisation. We also consider the protection of personal data during the development and selection of hardware, software, and procedures in accordance with the principle of data
protection by design and by default using privacy-friendly settings. IP Address Truncation: If IP addresses are processed by us or by the service providers and technologies used, and if the processing of a complete IP address is not necessary, the IP address is truncated (also referred to as “IP masking”). In this processthe last two numbers of the IP address are deleted or replaced in the IP address. The truncation of the IP address serves to protect your identity.

Transfer of Personal Data

As part of our processing of personal data, it may happen that the data is transferred to other entities, companies, legally independent organizational units, or persons or disclosed to them. Recipients of this data may include, for example, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases, we observe the legal requirements and, in particular, conclude appropriate contracts or agreements that serve
to protect your data with the recipients of your data.

Rights of Data Subjects

Under the legal regulations, you have various rights regarding your personal data, including:

Right of access: You have the right to obtain confirmation as to whether we process personal data concerning you and to receive information about this data and further information and a copy of the data in accordance with legal requirements.
Right to rectification: You have the right to request the completion of data concerning you or the rectification of inaccurate data concerning you.
Right to erasure and restriction of processing: In accordance with legal requirements, you have the right to demand that relevant data be erased immediately, or alternatively, to demand restriction of the processing of the data.
Right to data portability: You have the right to receive data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format, or to request its transmission to another controller.
Complaint to supervisory authority: Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

Use of Cookies

Cookies are text files that contain data from visited websites or domains and are stored by a browser on the user’s computer. A cookie is primarily used to store information about a user during or after their visit within an online offering. Stored information can include, for example, language settings on a website, login status, a shopping cart, or where a video was watched. The term cookies also includes other technologies that fulfill the same functions as cookies (e.g., when
user information is stored using pseudonymous online identifiers, also called “user IDs”).

The following cookie types and functions are distinguished:

Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest after a user has left an online offering and closed their browser.
Permanent cookies: Permanent cookies remain stored even after closing the browser. For example, the login status can be saved, or preferred content can be displayed directly when the user visits a website again. Similarly, user interests used for reach measurement or marketing purposes can be stored in such a cookie.
First-party cookies: First-party cookies are set by ourselves.
Third-party cookies (also: third-party cookies): Third-party cookies are mainly used by advertisers (known as third parties) to process user information.
Necessary (also: essential or absolutely necessary) cookies: Cookies may be absolutely necessary for the operation of a website (e.g., to save logins or other user inputs or for security reasons).
Statistics, marketing, and personalization cookies: Furthermore, cookies are generally also used in the context of range measurement and when a user’s interests or behavior (e.g., viewing certain content, use of functions, etc.) on individual websites are stored in a user profile. Such profiles are used to show users, for example, content that matches their potential interests. This process is also known as “tracking”, i.e., tracking the potential
interests of users.

Notes on consent: Depending on whether the processing is necessary or based on consent, we ask for your consent for the use of cookies and comparable functions in accordance with data protection law. If the processing is based on consent, you can revoke this consent at any time with effect for the future. Your consent applies across domains, i.e., for all our websites, applications, and other online presences (hereinafter collectively “Online Platforms”). If the
processing is necessary, you can object to the processing.Notes on legal bases under data protection law: The legal basis under data protection law on which we process your personal data using cookies depends on whether we ask you for consent. If you consent, the legal basis for processing your data is your declared consent. Otherwise, the data processed using cookies is processed on the basis of our legitimate interests (e.g., in a business operation of our
online offering and improvement of its usability) or, if this is necessary, to fulfill our contractual obligations. For which purposes we process cookies, we clarify in the course of this privacy policy or in the context of our consent and processing procedures.

Storage duration: Regarding the storage duration, the following types of cookies are distinguished:

Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest after a user has left an online offering and closed their browser.
Permanent cookies: Permanent cookies remain stored even after closing the browser. For example, the login status can be saved, or preferred content can be displayed directly when the user visits a website again. Similarly, user interests used for reach measurement or marketing purposes can be stored in such a cookie. Unless we provide you with explicit information about the type and storage duration of cookies (e.g., as part of obtaining consent), please
assume that cookies are permanent and can have a storage duration of up to two years.

General information on revocation and objection (opt-out): Depending on whether the processing is based on consent or legal permission, you have the option at any time to revoke any consent given or to object to the processing of your data by cookie technologies (collectively referred to as “opt-out”). You can initially declare your objection using your browser settings, e.g., by deactivating the use of cookies (though this may also restrict the functionality of
our online offering). An objection to the use of cookies for online marketing purposes can also be declared via a variety of services, especially in the case of tracking, via websites such as https://optout.aboutads.info and https://www.youronlinechoices.com/. In addition, you can receive further information on objections in the context of the information on the service providers and cookies used.

Processing of cookie data based on consent: Before we process or have processed data within the context of the use of cookies, we ask users for consent that can be revoked at any time. Before the consent has not been given, cookies are used at most, which are necessary for the operation of our online offering.

Cookie settings/ -opt-out: You can find information about each cookie used specifically within the context of this data privacy statement.

Business Services

We process data of our contractual and business partners, e.g., customers and interested parties (collectively referred to as “contractual partners”) in the context of contractual and comparable legal relationships as well as associated actions and communication with the contractual partners or pre-contractually, e.g., to answer inquiries.

We process this data to fulfill our contractual obligations. These include, in particular, the obligations to provide the agreed services, any update obligations, and remedies in case of warranty and other service disruptions. In addition, we process the data to protect our rights and for the purposes of the administrative tasks associated with these obligations and company organization. Furthermore, we process the data on the basis of our legitimate interests in proper and
business management as well as security measures to protect our contractual partners and our business operations from misuse, endangerment of their data, secrets, information, and rights (e.g., for involving telecommunications, transport, and other auxiliary services as well as subcontractors, banks, tax and legal advisors, payment service providers or tax authorities). Within the framework of applicable law, we only disclose the data of contractual partners to third parties to
the extent that this is necessary for the aforementioned purposes or to fulfill legal obligations. Contractual partners will be informed about further forms of processing, e.g., for marketing purposes, within the scope of this privacy policy.

We inform our contractual partners which data is required for the aforementioned purposes before or in the course of data collection, e.g., in online forms, by special marking (e.g., colors) or symbols (e.g., asterisks or similar), or in person.

We delete the data after expiry of statutory warranty and comparable obligations, i.e., in principle after expiry of 4 years, unless the data is stored in a customer account, e.g., as long as it must be kept for legal archiving reasons. The statutory retention period for documents relevant under tax law as well as for commercial books, inventories, opening balances, annual financial statements, the instructions required to understand these documents and other organizational
documents and accounting records is 10 years and for received commercial and business letters and reproductions of sent commercial and business letters 6 years. The period begins at the end of the calendar year in which the last entry was made in the book, the inventory, the opening balance, the annual financial statements or the management report was prepared, the commercial or business letter was received or sent, or the accounting document was created, furthermore the
recording was made or the other documents were created.

If we use third-party providers or platforms to provide our services, the terms and privacy policies of the respective third-party providers or platforms shall apply in the relationship between the users and the providers.

Customer Account: Contractual partners can create an account within our online offering (e.g., customer or user account, in short “customer account”). If the registration of a customer account is required, contractual partners will be informed of this as well as of the details required for registration. Customer accounts are not public and cannot be indexed by search engines. In the course of registration and subsequent logins and use of the customer account, we
store the IP addresses of customers along with the access times to protect against misuse (e.g., attempts at unauthorized access to customer accounts or use of customer accounts).

If customers have terminated their customer account, the data concerning the customer account will be deleted, subject to their retention is required for legal reasons. It is the responsibility of customers to secure their data upon termination of the customer account.

Provision of Online Services and Web Hosting

To provide our online services securely and efficiently, we use the services of one or more web hosting providers from whose servers (or servers they manage) the online services can be accessed. For these purposes, we may use infrastructure and platform services, computing capacity, storage space, and database services, as well as security services and technical maintenance services.

For the purpose of operating, securing, and optimizing our online services, we or our hosting provider collect data about each access to the server on which this service is located (so-called server log files). The server log files may include the address and name of the retrieved websites and files, the date and time of retrieval, data volumes transferred, notification of successful retrieval, browser type and version, the user’s operating system, referrer URL (the previously
visited page), and usually IP addresses and the requesting provider.

The server log files can be used for security purposes, e.g., to avoid overloading the servers (especially in the case of abusive attacks, so-called DDoS attacks) and to ensure the utilization of the servers and their stability.

Contact and Inquiry Management

When contacting us (e.g., via contact form, email, telephone, or social media) as well as in the context of existing user and business relationships, the information of the inquiring persons is processed to the extent necessary to respond to the contact requests and any requested measures.

Types of data processed:

Contact data (e.g., email, telephone numbers).
Content data (e.g., entries in online forms).
Usage data (e.g., websites visited, interest in content, access times).
Meta/communication data (e.g., device information, IP addresses).

Data subjects: Communication partners, interested parties.

Purposes of processing: Contact requests and communication, managing and responding to requests, feedback.

Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) GDPR), contract performance and pre-contractual inquiries (Art. 6 para. 1 p. 1 lit. b) GDPR), legal obligation (Art. 6 para. 1 p. 1 lit. c) GDPR).

Social Media Presence

We maintain online presences within social networks and process user data in this context to communicate with users active there or to offer information about us.

We would like to point out that user data may be processed outside the European Union. This may pose risks for users because, for example, enforcing users’ rights could be made more difficult.

Furthermore, user data is usually processed within social networks for market research and advertising purposes. For example, usage behavior and resulting user interests can be used to create user profiles. The user profiles can in turn be used, for instance, to place advertisements within and outside the networks that presumably correspond to the users’ interests. For these purposes, cookies are usually stored on the users’ computers, in which the users’ usage behavior and
interests are stored. Furthermore, data can also be stored in the user profiles independently of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).

For a detailed description of the respective forms of processing and the options to object (opt-out), we refer to the privacy policies and information provided by the operators of the respective networks.

Also in the case of requests for information and the assertion of data subject rights, we point out that these can be most effectively pursued with the providers. Only the providers have access to the users’ data and can directly take appropriate measures and provide information. If you still need help, you can contact us.

Types of data processed:

Contact data (e.g., email, telephone numbers).
Content data (e.g., entries in online forms).
Usage data (e.g., websites visited, interest in content, access times).
Meta/communication data (e.g., device information, IP addresses).

Data subjects: Users (e.g., website visitors, users of online services).

Purposes of processing: Contact requests and communication, feedback (e.g., collecting feedback via online form), marketing.

Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) GDPR).

Plugins and Embedded Functions and Content

We integrate functional and content elements into our online offering that are obtained from the servers of their respective providers (hereinafter referred to as “third-party providers”). These can be, for example, graphics, videos, or maps (hereinafter uniformly referred to as “content”).

The integration always requires that the third-party providers of this content process the IP address of the users, as without the IP address they could not send the content to their browsers. The IP address is thus required for the display of this content or functionality. We strive to use only such content whose respective providers use the IP address solely for the delivery of the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known
as “web beacons”) for statistical or marketing purposes. Through the “pixel tags”, information such as visitor traffic on the pages of this website can be evaluated. The pseudonymous information may also be stored in cookies on the user’s device and may contain technical information about the browser and operating system, referring websites, visit times, and other details about the use of our online offering, as well as being linked with such information from other sources.

Notes on legal bases: If we ask users for their consent to use third-party providers, the legal basis for processing data is consent. Otherwise, user data is processed on the basis of our legitimate interests (i.e., interest in efficient, economical, and recipient-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this privacy policy.

Definitions

This section provides you with an overview of the terms used in this privacy policy. Many of the terms are taken from the law and defined primarily in Article 4 of the GDPR. The legal definitions are binding. The following explanations, however, are primarily intended to help you understand them. The terms are sorted alphabetically.

Personal Data: “Personal data” means any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g., cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or
social identity of that natural person.
Controller: “Controller” means 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.
Processing: “Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means. The term is broad and includes practically every handling of data, be it collection, evaluation, storage, transmission or erasure.

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