Privacy Policy
We are delighted by your interest in our company. Data protection is a matter of particular importance to the management of ByteRay GmbH.
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This English version is a convenience translation. In the event of any discrepancy between the two language versions, the German version shall prevail.
The websites of ByteRay GmbH can generally be used without providing any personal data. However, if a data subject wishes to use particular services offered by our company through our website, processing of personal data may become necessary. Where processing of personal data is necessary and no legal basis exists for such processing, we will generally obtain the consent of the data subject.
The processing of personal data — such as a data subject’s name, address, email address or telephone number — is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection provisions applicable to ByteRay GmbH. By means of this privacy policy, our company wishes to inform the public about the nature, scope and purpose of the personal data we collect, use and process. This privacy policy also informs data subjects of the rights to which they are entitled.
As the controller responsible for the processing, ByteRay GmbH has implemented numerous technical and organisational measures to ensure the most complete protection possible of the personal data processed through this website. Nevertheless, internet-based data transmissions can in principle have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
The privacy policy of ByteRay GmbH is based on the terminology used by the European legislator in adopting the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easy to read and understand for the general public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance. Among others, we use the following terms in this privacy policy:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter “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 or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject
Data subject means any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.
c) 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, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.
e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of those personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
f) Pseudonymisation
Pseudonymisation means the processing of personal data in such a manner 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 organisational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing
Controller or controller responsible for the processing 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. 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.
h) Processor
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
i) Recipient
Recipient means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
j) Third party
Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
k) Consent
Consent 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.
The controller for the purposes of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:
The websites of ByteRay GmbH use cookies. Cookies are text files that are placed and stored on a computer system via an internet browser.
Many websites and servers use cookies. Many cookies contain what is known as a cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other internet browsers containing other cookies. A specific internet browser can be recognised and identified via the unique cookie ID.
Through the use of cookies, ByteRay GmbH can provide users of this website with more user-friendly services that would not be possible without cookies being set.
By means of a cookie, the information and offers on our website can be optimised with the user in mind. As already mentioned, cookies enable us to recognise the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, a user of a website that uses cookies does not have to re-enter their access data each time they visit the site, because this is handled by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping basket in an online shop. The online shop remembers the items a customer has placed in the virtual shopping basket by means of a cookie.
The data subject may prevent the setting of cookies by our website at any time by means of a corresponding setting in the internet browser used, and may thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, not all functions of our website may be fully usable.
Each time the website is accessed by a data subject or an automated system, the ByteRay website collects a series of general data and information. This general data and information is stored in the server log files. The data collected may include (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (referrer), (4) the sub-pages accessed on our website via an accessing system, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system and (8) other similar data and information that serves to avert danger in the event of attacks on our information technology systems.
When using this general data and information, ByteRay does not draw any conclusions about the data subject. Rather, this information is required in order to (1) deliver the content of our website correctly, (2) optimise the content of our website and the advertising for it, (3) ensure the long-term operability of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack. This anonymously collected data and information is therefore evaluated by ByteRay both statistically and with the aim of increasing data protection and data security within our company, in order ultimately to ensure an optimum level of protection for the personal data we process. The anonymous data in the server log files is stored separately from any personal data provided by a data subject.
On the ByteRay website, users are given the opportunity to subscribe to our company’s newsletter. The input mask used for this purpose determines which personal data is transmitted to the controller when the newsletter is ordered.
ByteRay informs its customers and business partners at regular intervals by means of a newsletter about the company’s offers. As a rule, our company’s newsletter can only be received by the data subject if (1) the data subject has a valid email address and (2) the data subject registers for the newsletter. For legal reasons, a confirmation email is sent using the double opt-in procedure to the email address first entered by a data subject for newsletter delivery. This confirmation email serves to verify whether the owner of the email address, as the data subject, has authorised receipt of the newsletter.
When registering for the newsletter, we also store the IP address assigned by the internet service provider (ISP) of the computer system used by the data subject at the time of registration, as well as the date and time of registration. Collecting this data is necessary in order to be able to trace any (possible) misuse of a data subject’s email address at a later point in time, and therefore serves the legal protection of the controller.
The personal data collected when registering for the newsletter is used exclusively to send our newsletter. Newsletter subscribers may also be informed by email where this is necessary for the operation of the newsletter service or for the relevant registration — as could be the case in the event of changes to the newsletter offering or changes to the technical circumstances. Personal data collected within the scope of the newsletter service is not passed on to third parties. The subscription to our newsletter can be cancelled by the data subject at any time. The consent to the storage of personal data given to us by the data subject for newsletter delivery can be withdrawn at any time. A corresponding link for withdrawing consent can be found in every newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the controller’s website or to notify the controller of this by other means.
Due to statutory requirements, the ByteRay website contains information that enables quick electronic contact with our company as well as direct communication with us, which also includes a general address for so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject is stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the controller is stored for the purposes of processing the enquiry or contacting the data subject. This personal data is not passed on to third parties.
The controller processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of storage, or where this has been provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.
If the purpose of storage no longer applies, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or erased in accordance with statutory provisions.
Every data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right of confirmation, they may contact an employee of the controller at any time.
Every person affected by the processing of personal data has the right granted by the European legislator to obtain from the controller, free of charge, information about the personal data stored concerning them and a copy of that information at any time. Furthermore, the European legislator has granted the data subject access to the following information:
Furthermore, the data subject has a right of access as to whether personal data have been transferred to a third country or to an international organisation. Where this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to exercise this right of access, they may contact an employee of the controller at any time.
Every person affected by the processing of personal data has the right granted by the European legislator to obtain the rectification without undue delay of inaccurate personal data concerning them. Taking into account the purposes of the processing, the data subject also has the right to have incomplete personal data completed — including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, they may contact an employee of the controller at any time.
Every person affected by the processing of personal data has the right granted by the European legislator to obtain from the controller the erasure of personal data concerning them without undue delay, where one of the following grounds applies and insofar as the processing is not necessary:
If one of the grounds set out above applies and a data subject wishes to arrange for the erasure of personal data stored by ByteRay, they may contact an employee of the controller at any time. The ByteRay employee will arrange for the erasure request to be complied with without undue delay.
Where the personal data have been made public by ByteRay and our company as controller is obliged to erase the personal data pursuant to Article 17(1) GDPR, ByteRay shall, taking account of available technology and the cost of implementation, take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the erasure by those other controllers of any links to, or copies or replications of, those personal data, insofar as the processing is not necessary. The ByteRay employee will arrange for the necessary steps to be taken in each individual case.
Every person affected by the processing of personal data has the right granted by the European legislator to obtain from the controller the restriction of processing where one of the following conditions applies:
If one of the conditions set out above applies and a data subject wishes to request the restriction of personal data stored by ByteRay, they may contact an employee of the controller at any time. The ByteRay employee will arrange for the restriction of processing.
Every person affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, or on a contract pursuant to Article 6(1)(b) GDPR, and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising their right to data portability pursuant to Article 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others. To assert the right to data portability, the data subject may contact an employee of ByteRay at any time.
Every person affected by the processing of personal data has the right granted by the European legislator to object, on grounds relating to their particular situation, at any time to the processing of personal data concerning them which is carried out on the basis of Article 6(1)(e) or (f) GDPR. This also applies to profiling based on those provisions.
In the event of an objection, ByteRay will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the establishment, exercise or defence of legal claims.
Where ByteRay processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to ByteRay processing for direct marketing purposes, ByteRay will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them which is carried out by ByteRay for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) GDPR, unless such processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right to object, the data subject may contact any employee of ByteRay directly. The data subject is also free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.
Every person affected by the processing of personal data has the right granted by the European legislator not to be subject to a decision based solely on automated processing — including profiling — which produces legal effects concerning them or similarly significantly affects them, provided that the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is based on the data subject’s explicit consent, ByteRay implements suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, which include at least the right to obtain human intervention on the part of the controller, to express their point of view and to contest the decision. If the data subject wishes to assert rights relating to automated decisions, they may contact an employee of the controller at any time.
Every person affected by the processing of personal data has the right granted by the European legislator to withdraw consent to the processing of personal data at any time. If the data subject wishes to exercise their right to withdraw consent, they may contact an employee of the controller at any time.
The controller collects and processes the personal data of applicants for the purpose of handling the application procedure. The processing may also be carried out by electronic means. This is the case in particular where an applicant submits corresponding application documents to the controller by electronic means, for example by email or via a web form on the website. If the controller concludes an employment contract with an applicant, the transmitted data is stored for the purpose of handling the employment relationship in compliance with statutory provisions. If no employment contract is concluded with the applicant, the application documents are automatically erased two months after notification of the rejection decision, provided that no other legitimate interests of the controller preclude erasure. Another legitimate interest in this sense is, for example, a burden of proof in proceedings under the German General Equal Treatment Act (AGG).
The controller has integrated components of Webflow Insights on this website. Webflow Insights is a service provided by Webflow, Inc. that combines web analytics functions (“Analyze”) and website optimisation functions (“Optimize”).
The “Analyze” part serves to collect and evaluate data on visitor behaviour (e.g. time spent on the site, clicks, bounce rates and technical data such as device type) in order to measure the performance of the website. The “Optimize” part uses this data together with machine learning to show visitors different variants of the website (A/B testing) and to personalise content in order to improve the conversion rate and the user experience.
The operating company of Webflow Insights is Webflow, Inc., 398 11th Street, 2nd Floor, San Francisco, CA 94103, USA.
Webflow Insights sets cookies on the data subject’s information technology system. When a page of this website on which Webflow Insights has been integrated is accessed, the internet browser is automatically prompted to transmit data to Webflow for the purposes of analysis and optimisation. In the course of this technical procedure, Webflow obtains data such as the IP address (which is used to determine the region but is, according to the provider, processed in a privacy-friendly manner), interaction patterns and system configurations. This information is generally stored on servers in the USA.
The data is processed on the basis of your consent pursuant to Article 6(1)(a) GDPR. You may withdraw this consent at any time via the cookie settings on our website.
The data subject may also prevent the setting of cookies by our website at any time by means of a corresponding setting in the internet browser used, and may thus permanently object to the setting of cookies. Such a setting would also prevent Webflow from setting a cookie on the data subject’s system. In addition, cookies that have already been set can be deleted at any time.
Further information and the applicable data protection provisions of Webflow can be accessed at https://webflow.com/legal/privacy and, specifically for the EU, at https://webflow.com/legal/eu-privacy-policy. Webflow, Inc. is certified under the EU-U.S. Data Privacy Framework.
Article 6(1)(a) GDPR serves as the legal basis for our company for processing operations in which we obtain consent for a specific processing purpose. Where the processing of personal data is necessary for the performance of a contract to which the data subject is party — as is the case, for example, with processing operations necessary for the supply of goods or the provision of any other service or consideration — the processing is based on Article 6(1)(b) GDPR. The same applies to processing operations necessary for carrying out pre-contractual measures, for instance in the case of enquiries about our products or services. Where our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Article 6(1)(c) GDPR. In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured on our premises and their name, age, health insurance details or other vital information had to be passed on to a doctor, a hospital or other third parties. The processing would then be based on Article 6(1)(d) GDPR. Finally, processing operations may be based on Article 6(1)(f) GDPR. Processing operations not covered by any of the aforementioned legal bases are based on this legal basis where the processing is necessary for the purposes of a legitimate interest pursued by our company or by a third party, provided that the interests, fundamental rights and freedoms of the data subject do not override those interests. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator, which took the view that a legitimate interest could be assumed where the data subject is a client of the controller (Recital 47, sentence 2 GDPR).
Where the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.
The criterion for the duration of storage of personal data is the respective statutory retention period. Once the period has expired, the corresponding data is routinely erased, provided that it is no longer required for the performance or initiation of a contract.
We would like to point out that the provision of personal data is in part required by law (for example tax regulations) or may also arise from contractual provisions (for example details of the contracting party). At times, it may be necessary for the conclusion of a contract that a data subject provides us with personal data which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data when our company enters into a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject should contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of not providing it would be.
As a responsible company, we do not use automated decision-making or profiling.
