Privacy policy for the bNear-website (https://bnear.io)

SCROLL DOWN FOR THE PRIVACY POLICY FOR THE BNEAR-APP AND OUR SOCIAL MEDIA APPEARANCES

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1. Data protection at a glance

General information

The following notices provide a simple overview of what happens to your personal data when you visit this website. Personal data is any data by which you can be personally identified. For detailed information on the subject of data protection, please refer to our privacy policy listed below this text.

Data collection on this website
Who is responsible for the data collection on this website?

The data processing on this website is carried out by the website operator. You can find the contact details of the website operator in the section “Information about the responsible party” in this data protection declaration.

How do we collect your data?

On the one hand, your data is collected when you provide it to us. This can be, for example, data that you enter in a contact form.

Other data is collected automatically or after your consent when visiting the website by our IT systems. This is mainly technical data (e.g. Internet browser, operating system or time of page view). This data is collected automatically as soon as you enter this website.

What do we use your data for?

Part of the data is collected to ensure error-free provision of the website. Other data may be used to analyse your user behaviour.

What rights do you have regarding your data?

You have the right at any time to receive information free of charge about the origin, recipient and purpose of your stored personal data. You also have a right to request the correction or deletion of this data. If you have given your consent to data processing, you can revoke this consent at any time for the future. You also have the right to request the restriction of the processing of your personal data under certain circumstances.

Furthermore, you have the right to lodge a complaint with the competent supervisory authority.
You can contact us at any time with regard to this and other questions on the subject of data protection.

Third-party analytics and tools

When visiting this website, your surfing behaviour can be statistically evaluated. This is done mainly with so-called analysis programs.

Detailed information on these analysis programs can be found in the following data protection declaration.

2. Hosting via Webflow

Our website is hosted using Webflow, a service provided by Webflow, Inc. (398 11th Street, San Francisco, CA 94103, USA). Webflow ensures the smooth delivery of our website and related services. As part of its services, Webflow processes various types of personal data, including but not limited to:

• IP addresses of website visitors
• Information regarding browser type, operating system, and device
• Usage data, including page views and actions taken on our site

The data is processed to ensure the functionality and security of the website and for web analytics purposes. Webflow may store your personal data on servers located in the USA. Webflow has implemented measures to comply with European data protection standards, such as Standard Contractual Clauses (SCCs) to ensure an adequate level of data protection.

We have entered into a Data Processing Agreement (DPA) with Webflow, which ensures that Webflow processes personal data only on our behalf and according to our instructions, in compliance with applicable data protection laws. This agreement ensures that your data is handled securely and in accordance with GDPR regulations.

For more information about Webflow's data processing, please refer to their privacy policy: https://webflow.com/legal/privacy.

Legal basis: We use Webflow for hosting based on our legitimate interest (Article 6(1)(f) GDPR) to provide you with a secure and efficient website experience.

Data storage period: The data will be retained as long as necessary to fulfill the purposes for which it was collected or as required by applicable law.

If you have any questions regarding the processing of your data by Webflow, feel free to contact us.

3. Content Delivery Network (CDN) of Fastly

We use the Content Delivery Network (CDN) of Fastly Inc, 475 Brannan St, Suite 300, San Francisco, CA 94107, USA, to optimize loading times and ensure the secure provision of our website. By using the CDN, the content of our website is provided via globally distributed servers, which enables the pages to be delivered quickly.

Personal data, in particular IP addresses, may be transmitted to Fastly servers in third countries such as the USA. We have concluded standard contractual clauses with Fastly in accordance with Art. 46 GDPR to ensure an adequate level of data protection.

The processing is based on our legitimate interest in the secure and efficient provision of our website in accordance with Art. 6 para. 1 lit. f GDPR. Further information can be found in Fastly's privacy policy: https://www.fastly.com/privacy

4. General notes and mandatory information data protection

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.

When you use this website, various personal data are collected. Personal data is data that can be used to identify you personally. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.

We would like to point out that data transmission on the Internet (e.g. communication by e-mail) can have security gaps. Complete protection of data against access by third parties is not possible.

Note on the responsible body

The data controller for this website is:

bNear GmbH, ‍Dieter-Streng-Str. 3, 90766 Fürth, Germany

Phone: +4991113133660

Our company has appointed a data protection officer. If you have any questions regarding data protection, you can reach the data protection officer at privacy@solutions2share.com.

The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of personal data (e.g., names, e-mail addresses, etc.).

Storage period

Unless a more specific storage period has been stated within this privacy policy, your personal data will remain with us until the purpose for data processing ceases to apply. If you assert a legitimate request for deletion or revoke your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g. retention periods under tax or commercial law); in the latter case, the data will be deleted once these reasons no longer apply.

General information on the legal basis for data processing on this website

If you have consented to data processing, we process your personal data on the basis of Art. 6 (1) lit. a DSGVO or Art. 9 (2) lit. a DSGVO, if special categories of data are processed according to Art. 9 (1) DSGVO. In the case of explicit consent to the transfer of personal data to third countries, data processing is also carried out on the basis of Art. 49 (1) lit. a DSGVO. If you have consented to the storage of cookies or to the access to information in your terminal device (e.g. via device fingerprinting), the data processing is additionally carried out on the basis of Section 25 (1) TTDSG. This consent can be revoked at any time. If your data is required for the performance of a contract or for the implementation of pre- contractual measures, we process your data on the basis of Art. 6 (1) lit. b DSGVO. Furthermore, if your data is required for the fulfilment of a legal obligation, we process it on the basis of Art. 6 (1) lit. c DSGVO. Furthermore, data processing may be carried out on the basis of our legitimate interest pursuant to Art. 6 (1) f DSGVO. Information about the relevant legal basis in each individual case is provided in the following paragraphs of this privacy policy.

Revocation of your consent to data processing

Many data processing operations are only possible with your express consent. You can revoke an already given consent at any time. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

Right to object to the collection of data in specific cases and to direct marketing (Art. 21 DSGVO)

IF THE DATA PROCESSING IS CARRIED OUT ON THE BASIS OF ART. 6 ABS. 1 LIT. E OR F DSGVO, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED,

PLEASE REFER TO THIS PRIVACY STATEMENT. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS, OR THE PROCESSING IS FOR THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS (OBJECTION UNDER ARTICLE 21(1) DSGVO).

IF YOUR PERSONAL DATA IS PROCESSED FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING; THIS ALSO APPLIES TO PROFILING INSOFAR AS IT IS CONNECTED WITH SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR THE PURPOSE OF DIRECT MARKETING (OBJECTION PURSUANT TO ART. 21 PARA. 2 DSGVO).

Right of appeal to the competent supervisory authority

In the event of breaches of the GDPR, data subjects shall have a right of appeal to a supervisory authority, in particular in the Member State of their habitual residence, their place of work or the place of the alleged breach. The right of appeal is without prejudice to any other administrative or judicial remedy.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in fulfilment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done insofar as it is technically feasible.

SSL or TLS encryption

For security reasons and to protect the transmission of confidential content, such as orders or requests that you send to us as the site operator, this site uses SSL or TLS encryption. You can recognise an encrypted connection by the fact that the address line of the browser of
“http://” changes to “https://” and by the lock icon in your browser bar.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Information, deletion and rectification

Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, its origin and recipient and the purpose of data processing and, if applicable, a right to correction or deletion of this data. For this as well as for further questions on the subject of personal data, you can contact us at any time.

Right to restrict processing

You have the right to request the restriction of the processing of your personal data. For this purpose, you can contact us at any time. The right to restriction of processing exists in the following cases:

• If you dispute the accuracy of the personal data we hold about you, we will usually need time to verify this. For the duration of the review you have the right to request restriction of the processing of your personal data.
• If the processing of your personal data was/is unlawful, you may request the restriction of data processing instead of erasure.
• If we no longer need your personal data, but you need it to exercise, defend or enforce legal claims, you have the right to request restriction of the processing of your personal data instead of deletion.
• If you have lodged an objection pursuant to Art. 21 (1) DSGVO, a balancing of your and our interests must be carried out. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, such data may only be processed – apart from being stored – with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or a Member State.

4. Data collection on this website Server log files

The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

• Browser type and version Operating system used Referrer URL
• Host name of the accessing computer
• Time of the server request
• IP address

This data is not merged with other data sources.

The collection of this data is based on Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in the technically error-free presentation and optimisation of its website – for this purpose, the server log files must be collected.

Contact form

If you send us enquiries via the contact form, your details from the enquiry form, including the contact details you provide there, will be stored by us for the purpose of processing the enquiry and in the event of follow-up questions. We do not pass on this data without your consent.

The processing of this data is based on Art. 6 (1) lit. b DSGVO if your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art. 6 (1) (f) DSGVO) or on your consent (Art. 6 (1) (a) DSGVO) if this has been requested; the consent can be revoked at any time.

The data you enter in the contact form will remain with us until you request us to delete it, revoke your consent to store it, or the purpose for storing the data no longer applies (e.g. after we have completed processing your request). Mandatory legal provisions – in particular retention periods – remain unaffected.

Inquiry by e-mail, telephone or fax

If you contact us by e-mail, telephone or fax, your enquiry including all personal data resulting from it (name, enquiry) will be stored and processed by us for the purpose of processing your request. We will not pass on this data without your consent.

The processing of this data is based on Art. 6 (1) lit. b DSGVO if your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art. 6 (1) (f) DSGVO) or on your consent (Art. 6 (1) (a) DSGVO) if this has been requested; the consent can be revoked at any time.

The data you send to us via contact requests will remain with us until you request us to delete it, revoke your consent to store it or the purpose for storing the data no longer applies (e.g. after processing your request has been completed). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.

5. Newsletter

If you would like to receive the newsletter offered on the website, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the specified e-mail address and agree to receive the newsletter. Further data will not be collected or only on a voluntary basis. We use this data exclusively for sending the requested information and do not pass it on to third parties.

The processing of the data entered in the newsletter registration form is based exclusively on your consent (Art. 6 para. 1 lit. a DSGVO). You can revoke your consent to the storage of the data, the e-mail address and their use for sending the newsletter at any time, for example via the “unsubscribe” link in the newsletter. The legality of the data processing operations already carried out remains unaffected by the revocation.

The data you provide for the purpose of receiving the newsletter will be stored by us or the newsletter service provider until you unsubscribe from the newsletter and will be deleted from the newsletter distribution list after you unsubscribe from the newsletter or after the purpose has ceased to exist. We reserve the right to delete or block e-mail addresses from our newsletter distribution list at our own discretion within the scope of our legitimate interest pursuant to Art. 6 (1) lit. f DSGVO.

Data that has been stored by us for other purposes remains unaffected by this.

After you have unsubscribed from the newsletter distribution list, your e-mail address will be stored by us or the newsletter service provider in a blacklist if necessary to prevent future mailings. The data from the blacklist will only be used for this purpose and will not be merged with other data. This serves both your interest and our interest in complying with legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 (1) f DSGVO). The storage in the blacklist is not limited in time. You can object to the storage if your interests outweigh our legitimate interest.

6. Plugins and tools

YouTube with expanded data protection integration

Our website embeds videos of the website YouTube. The website operator is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

We use YouTube in the expanded data protection mode. According to YouTube, this mode ensures that YouTube does not store any information about visitors to this website before they watch the video. Nevertheless, this does not necessarily mean that the sharing of data with YouTube partners can be ruled out as a result of the expanded data protection mode. For instance, regardless of whether you are watching a video, YouTube will always establish a connection with the Google DoubleClick network.

As soon as you start to play a YouTube video on this website, a connection to YouTube’s servers will be established. As a result, the YouTube server will be notified, which of our pages you have visited. If you are logged into your YouTube account while you visit our site, you enable YouTube to directly allocate your browsing patterns to your personal profile. You have the option to prevent this by logging out of your YouTube account.

Furthermore, after you have started to play a video, YouTube will be able to place various cookies on your device or comparable technologies for recognition (e.g. device fingerprinting). In this way YouTube will be able to obtain information about this website’s visitors. Among other things, this information will be used to generate video statistics with the aim of improving the user friendliness of the site and to prevent attempts to commit fraud.

Under certain circumstances, additional data processing transactions may be triggered after you have started to play a YouTube video, which are beyond our control.

The use of YouTube is based on our interest in presenting our online content in an appealing manner. Pursuant to Art. 6 Sect. 1 lit. f GDPR, this is a legitimate interest. If a corresponding agreement has been requested, the processing takes place exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the agreement can be revoked at any time.

For more information on how YouTube handles user data, please consult the YouTube Data Privacy Policy under: https://policies.google.com/privacy?hl=en.

Google Web Fonts (local hosting)

This site uses so-called web fonts provided by Google for the uniform display of fonts. The Google Fonts are installed locally. A connection to Google servers does not take place.

For more information about Google Web Fonts, please visit https://developers.google.com/fonts/faq and read Google’s privacy policy: https://policies.google.com/privacy?hl=de.

Use of “own” cookies

This website uses its own “cookies” to enhance the user experience (“cookies” are data records that are sent from the web server to the user’s browser and stored there for later retrieval). No personal data is stored in our own “cookies”. You can generally prevent the use of “cookies” by prohibiting the storage of “cookies” in your browser.

Pipedrive

We use Pipedrive as our CRM tool for processing and storing contact data.
When contacting us (via contact form or email), the user’s details are processed for the purpose of handling the contact request and its processing pursuant to Art. 6 (1) lit. b) DSGVO. In order to process and respond to your request and messages as quickly as possible, we have connected our contact form with our customer relationship management tool (“CRM tool”) Pipedrive. The data submitted when filling out the form is transmitted to Pipedrive and stored there on Pipedrive servers. We use the CRM system Pipedrive of the provider Pipedrive OÜ on the basis of our legitimate interests (efficient and fast processing of user requests, existing customer management, new customer business), a private limited company established under the laws of the Republic of Estonia, with the address Paldiski mnt 80, Tallinn, 10617, Estonia, registered in the Estonian Commercial Register under the code 11958539, and a subsidiary of Pipedrive US. Pipedrive’s privacy policy can be accessed here: https://www.pipedrive.com/en/privacy.

7. Analysis tools

Google Analytics

This website uses functions of the web analysis service Google Analytics. The provider of this service is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

Google Analytics enables the website operator to analyze the behavior patterns of website visitors. To that end, the website operator receives a variety of user data, such as pages accessed, time spent on the page, the utilized operating system and the user’s origin. Google may consolidate these data in a profile that is allocated to the respective user or the user’s device.

Google Analytics uses technologies that make the recognition of the user for the purpose of analyzing the user behavior patterns (e.g., cookies or device fingerprinting). The website use information recorded by Google is, as a rule transferred to a Google server in the United States, where it is stored.

This analysis tool is used on the basis of Art. 6 Sect. 1 lit. f GDPR. The operator of this website has a legitimate interest in the analysis of user patterns to optimize both, the services offered online and the operator’s advertising activities. If a corresponding agreement has been requested (e.g., an agreement to the storage of cookies), the processing takes place exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the agreement can be revoked at any time.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://privacy.google.com/businesses/controllerterms/mccs/.

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Privacy policy for the bNear-App for Microsoft Teams

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1. Information on the Processing of Personal Data

With this data protection declaration, we (bNear GmbH, hereinafter referred to as “bNear”) inform you about the processing of your personal data in the context of the use of our software using the video conferencing solution Microsoft Teams.

2. Data Controller

The person responsible pursuant to Art. 4 (7) of the EU General Data Protection Regulation (GDPR) is:

bNear GmbH, ‍Dieter-Streng-Str. 3, 90766 Fürth, Germany

E-mail: privacy@solutions2share.com

3. What Personal Data we Process

In the course of providing our software using Microsoft Teams, we process the following personal data:

• Personal master data:
  Display Name (usually first and last name), email address, profile picture (if set), Microsoft-Teams-team and -tenant affiliation, Microsoft-Teams presence status Purpose: Provision of software features: user management, displaying a user in the app to other users
• Communication data: Calendar meetings (subject, description, time + date, participant, link to connect), ongoing calls (subject, participant, link to connect, mute status of participant), user activity in the software, identification, IP address.

Purpose: Provision of software features, user administration, functions in the software such as display of an overview of ongoing conversations in the team, provision of a virtual table and kitchen conversation, error analysis, quality assurance, user support.

4. Microsoft Office 365, Microsoft Teams video conference

We use Microsoft Teams in connection with our software. In Microsoft Teams, we use the Team Meetings mode. In Team Meetings, audio inputs and video recordings are prevented by our Microsoft Teams settings. In principle, there is no recording of the event by bNear.

We carry out the data processing on the basis of a legitimate interest pursuant to Art. 6 (1) f) DS- GVO. Our legitimate interest for the data processing is:
Conducting online information events to inform participants about professional topics as well as the business association and its business activities.

Microsoft Teams is part of Microsoft Office 365. Microsoft Teams is a productivity, collaboration and exchange platform for individual users, teams, communities and networks. This includes, among other things, a video conferencing function.

Microsoft Office 365 is software from the company

Microsoft Ireland Operations LimitedOne

Microsoft Place

South County Business Park Leopardstown

Dublin 18D18

P521Ireland

Microsoft Teams is part of the Office 365 cloud application, for which a user account must be created.

Data processing with Office 365 takes place on servers in data centers in the European Union in Ireland and the Netherlands. For this purpose, we have concluded a commissioned processing agreement with Microsoft in accordance with Art. 28 DS-GVO. Accordingly, we have agreed extensive technical and organisational measures with Microsoft for Office 365 that comply with the current state of the art in IT security, e.g. with regard to access authorisation and end-to-end encryption concepts for data lines, databases and servers.

Furthermore, we have implemented the “Customer Log Box” functionality in Office 365. This means that Microsoft has no access whatsoever to our data in Office 365.

Microsoft may request access for the purpose of remote maintenance. This access will then be reviewed by us on a case-by-case basis and granted if approved. In this case, such access may also be granted by Microsoft affiliates from outside the European Union. We have concluded EU standard contracts (standard data protection clauses) with Microsoft exclusively for this case of access from outside the European Union in individual cases approved by us. In order to guarantee an appropriate level of data protection when transferring personal data to a third country such as the USA in this specific case, we have implemented supplementary measures in

the form of state-of-the-art technical and organisational measures such as access authorisation and encryption concepts for data lines, databases and servers, as described above.

Microsoft reserves the right to process customer data for its own legitimate business purposes. We have no control over these data processing activities by Microsoft. To the extent that Microsoft Teams processes personal data in connection with its legitimate business purposes, Microsoft is the independent data controller for those data processing activities and as such is responsible for compliance with all applicable data protection laws. If you require information about Microsoft’s processing, please refer to the relevant Microsoft statement.

5. Disclosure to Third-Parties

As described above, we use Microsoft for Office 365 as a processor within the meaning of Article 28 of the GDPR.

6. Data Storage
Login data and IP addresses are deleted after 180 days at the latest.

7. Your Rights

You can ask for information about which personal data we store. If you have provided personal data on the basis of a contract or consent, you are entitled to receive this data in a common and machine-readable format.

You can also request the erasure, rectification or restriction of the processing of your data. If your personal data is transferred to a country outside the EU that does not provide adequate protection, you may request a copy of the contract that provides for adequate protection of personal data. If you have given your consent for the use of your personal data, you can withdraw your consent at any time with effect for the future.

If we use your personal data on the basis of a balance of interests, you can object to the use of your data. In this case, we will no longer use your data unless our interests prevail.

8. Contact Person

If you have any questions about our use of personal data or this privacy policy, or if you wish to exercise your rights, please contact us at any time:

bNear GmbH, ‍Dieter-Streng-Str. 3, 90766 Fürth, Germany

E-mail: privacy@solutions2share.com

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Privacy policy for our social media appearances

You can find the privacy policy for our social media appearances here: https://www.bnear.io/en/privacy-social-media

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This Privacy Policy may be updated from time to time as necessary. Last modified: 10.09.2024