Name and contact details of the person responsible

Our responsible person (hereinafter "responsible person") within the meaning of Art. 4 No. 7 GDPR is:

Herzog Bau GmbH
Fuchsengarten 1a
91054 Erlangen
Fax: 09131/6823-10
E-Mail: info@herzog-bau.gmbh

Data Protection Officer:

Herzog Bau GmbH
Oliver Herzog
Fuchsengarten 1a
91054 Erlangen
E-Mail: datenschutz@herzog-bau.gmbh
Fax: 09131/6823-10

Types of data, purposes of processing and categories of data subjects

Below we inform you about the type, scope and purpose of the collection, processing and use of personal data.

• Types of data we process
• Usage data (access times, websites visited, etc.), inventory data (name, address, etc.), contact data (telephone number, email, fax, etc.), communication data (IP address, etc.),
• Purposes of processing according to Art. 13 Para. 1 c) DS-GVO
• Technically and economically optimize the website, enable easy access to the website, optimization and statistical evaluation of our services, support commercial use of the website, improve user experience, make the website user-friendly, create statistics, process contact requests,
• Categories of data subjects according to Art. 13 Para. 1 e) GDPR
• Visitors/users of the website, customers, suppliers, interested parties, applicants, employees, employees of customers or suppliers,

The persons concerned are referred to collectively as "users".

Legal bases for the processing of personal data

In the following we inform you about the legal basis for the processing of personal data:

• If we have obtained your consent to the processing of personal data, Article 6 Paragraph 1 Clause 1 Letter a) GDPR is the legal basis.
• If the processing is necessary to fulfill a contract or to carry out pre-contractual measures that are carried out at your request, Article 6 Paragraph 1 Sentence 1 lit. b) GDPR is the legal basis.
• If the processing is necessary to fulfill a legal obligation to which we are subject (e.g. statutory storage obligations), Article 6 Paragraph 1 Clause 1 Letter c) GDPR is the legal basis.
• If processing is necessary to protect the vital interests of the data subject or another natural person, Article 6 Paragraph 1 Sentence 1 lit. d) GDPR is the legal basis.
• If the processing is necessary to safeguard our interests or those of a third party and your interests or fundamental rights and freedoms do not prevail in this regard, Article 6 Paragraph 1 Clause 1 Letter f) GDPR is the legal basis.

Disclosure of personal data to third parties and processors:

In principle, we do not pass on any data to third parties without your consent. If this is the case, then the transfer takes place on the basis of the aforementioned legal bases, e.g. when transferring data to online payment providers to fulfill a contract or due to a court order or due to a legal obligation to release the data for the purpose of criminal prosecution, to avert danger or to enforce intellectual property rights.
We also use contract processors (external service providers, e.g. for web hosting of our websites and databases) to process your data. If data is passed on to the processors as part of an agreement on order processing, this is always done in accordance with Art. 28 DS-GVO. We carefully select our processors, check them regularly and have been granted the right to issue instructions regarding the data. In addition, the processors must have taken appropriate technical and organizational measures and comply with the data protection regulations in accordance with the BDSG new version and the GDPR.

Data transfer to third countries

The adoption of the European General Data Protection Regulation (GDPR) created a uniform basis for data protection in Europe. Your data will therefore be processed primarily by companies for which the GDPR applies. Should the processing take place by third-party services outside the European Union or the European Economic Area, they must meet the special requirements of Art. 44 et seq. GDPR. This means that the processing takes place on the basis of special guarantees, such as the determination of a level of data protection officially recognized by the EU Commission or compliance with officially recognized special contractual obligations, the so-called “standard contractual clauses”.

Insofar as we obtain your express consent to the transfer of data to the USA due to the ineffectiveness of the so-called "Privacy Shield" pursuant to Article 49 Paragraph 1 Clause 1 Letter a) GDPR, we point out the risk of secret access in this respect by US authorities and the use of the data for surveillance purposes, possibly without legal remedies for EU citizens.

Deletion of data and storage period

Unless expressly stated in this data protection declaration, your personal data will be deleted or blocked as soon as you revoke your consent to processing or the purpose for storage no longer applies or the data are no longer required for the purpose, unless their further Storage is required for evidence purposes or there are legal storage obligations. This includes, for example, commercial law retention requirements for business letters in accordance with Section 257 (1) HGB (6 years) and tax retention requirements for receipts in accordance with Section 147 (1) AO (10 years). If the prescribed retention period expires, your data will be blocked or deleted, unless storage is still required for the conclusion of a contract or for the fulfillment of a contract.

Existence of automated decision-making

We do not use automated decision-making or profiling.

Provision of our website and creation of log files

If you only use our website for informational purposes (i.e. no registration and no other transmission of information), we only collect the personal data that your browser transmits to our server. If you want to view our website, we collect the following data:

• IP address;
• User's internet service provider;
• date and time of retrieval;
• browser type;
• language and browser version;
• content of the call;
• time zone;
• Access Status/HTTP Status Code;
• amount of data;
• websites from which the request comes;
• Operating system.

A storage of this data together with other personal data of yours does not take place.
This data serves the purpose of providing you with functions and content of our website in a user-friendly, functional and secure manner, as well as optimizing and statistically evaluating them.
The legal basis for this is our legitimate interest in data processing in accordance with Article 6 Paragraph 1 Clause 1 Letter f) GDPR, which also lies in the above purposes.
For security reasons, we store this data in server log files for a storage period of 365 days. After this period, they are automatically deleted, unless we need to keep them for evidence purposes in the event of attacks on the server infrastructure or other violations of the law.

Zur Verwaltung der eingesetzten Cookies und ähnlichen Technologien (Tracking-Pixel, Web-Beacons etc.) und diesbezüglicher Einwilligungen setzen wir das Consent Tool „Real Cookie Banner“ ein. Details zur Funktionsweise von „Real Cookie Banner“ finden Sie unter https://devowl.io/de/rcb/datenverarbeitung/.

Rechtsgrundlagen für die Verarbeitung von personenbezogenen Daten in diesem Zusammenhang sind Art. 6 Abs. 1 lit. c DS-GVO und Art. 6 Abs. 1 lit. f DS-GVO. Unser berechtigtes Interesse ist die Verwaltung der eingesetzten Cookies und ähnlichen Technologien und der diesbezüglichen Einwilligungen.

Die Bereitstellung der personenbezogenen Daten ist weder vertraglich vorgeschrieben noch für den Abschluss eines Vertrages notwendig. Sie sind nicht verpflichtet die personenbezogenen Daten bereitzustellen. Wenn Sie die personenbezogenen Daten nicht bereitstellen, können wir Ihre Einwilligungen nicht verwalten.

Cookies

We use so-called cookies when you visit our website. Cookies are small text files that your Internet browser stores and saves on your computer. When you visit our website again, these cookies provide information to automatically recognize you. The cookies also include the so-called "user IDs", where user information is stored using pseudonymised profiles. When you visit our website, we inform you about the use of cookies for the aforementioned purposes and how you can object to them or prevent their storage ("opt-out") by means of a reference to our data protection declaration.

The following types of cookies are distinguished:

Necessary, essential cookies: Essential cookies are cookies that are absolutely necessary for the operation of the website in order to save certain functions of the website such as logins, shopping cart or user entries, e.g. regarding the language of the website.

Session cookies: Session cookies are required to recognize repeated use of an offer by the same user (e.g. if you have logged in to determine your login status). When you visit our site again, these cookies provide information to automatically recognize you. The information obtained in this way is used to optimize our offers and to enable you to access our site more easily. If you close the browser or log out, the session cookies will be deleted.

Persistent cookies: These cookies remain stored even after the browser is closed. They are used to store the login, to measure the reach and for marketing purposes. These are automatically deleted after a specified period of time, which can vary depending on the cookie. You can delete cookies at any time in the security settings of your browser.

Third-party cookies (third-party cookies, in particular from advertisers): You can configure your browser settings according to your wishes and e.g. B. Decline to accept third-party cookies or all cookies. However, we would like to point out that you may then not be able to use all the functions of this website. Read more about these cookies in the respective data protection declarations of the third-party providers.

Data categories: user data, cookie, user ID (incl. the pages visited, device information, access times and IP addresses).

Purposes of processing: The information obtained in this way is used to optimize our web offerings technically and economically and to enable you to access our website more easily and securely.

Legal basis: If we process your personal data with the help of cookies based on your consent ("opt-in"), then Article 6 Paragraph 1 Sentence 1 lit. a) GDPR is the legal basis. Otherwise, we have a legitimate interest in the effective functionality, improvement and economic operation of the website, so that in this case Article 6 (1) sentence 1 lit. f) GDPR is the legal basis. The legal basis is also Article 6 Paragraph 1 Sentence 1 Letter b) GDPR if the cookies are set to initiate a contract, e.g.

Duration of storage/deletion: The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

Cookies are otherwise stored on your computer and transmitted to our site. Therefore, as a user, you also have full control over the use of cookies. By changing the settings in your Internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all the functions of the website to their full extent.

Here you can find information on how to delete cookies by browser:

Chrome: https://support.google.com/chrome/answer/95647

Safari: https://support.apple.com/de-at/guide/safari/sfri11471/mac

Firefox: https://support.mozilla.org/de/kb/cookies-und-website-daten-in-firefox-loschen

Internet Explorer: https://support.microsoft.com/de-at/help/17442/windows-internet-explorer-delete-manage-cookies

Microsoft Edge: https://support.microsoft.com/de-at/help/4027947/windows-delete-cookies

Objection and "opt-out": You can generally prevent the storage of cookies on your hard drive, regardless of your consent or legal permission, by selecting "do not accept cookies" in your browser settings. However, this can result in a functional restriction of our offers. You can opt out of the use of third-party cookies for advertising purposes via this American website (https://optout.aboutads.info) or this European website (http://www.youronlinechoices.com/de /preference management/) object.

COOKIE-EINSTELLUNGEN ÄNDERN/EINSEHEN

Privatsphäre-Einstellungen ändern – Historie der Privatsphäre-Einstellungen – Einwilligungen widerrufen

Use of blog functions / comments

You can make public comments on our blog, which contains posts about topics on our website. You can use a pseudonym instead of a real name. Your contribution will then be published under the pseudonym. Providing the e-mail address is mandatory, all other information is voluntary.

When you post a comment, we save your IP address with the date and time, which we delete after 365 days. The storage serves the legitimate interest of defending against claims by third parties if you publish illegal or untrue content. We save your e-mail address for the purpose of contacting you in the event that third parties should legally object to your comments.

The legal basis is Article 6 Paragraph 1 Sentence 1 lit. b) and f) GDPR.

We do not review your comments prior to publication. In the event of complaints from third parties, we reserve the right to delete your comments. We do not pass on the data to third parties unless it is necessary to pursue our claims or there is a legal obligation (Art. 6 Para. 1 S. 1. lit. c) DS-GVO).

The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected or to perform the contract because the contract has ended.

Contact via contact form / e-mail / fax / post

When you contact us via the contact form, fax, post or e-mail, your details will be processed for the purpose of processing the contact request.

If you have given your consent, the legal basis for processing the data is Article 6 (1) sentence 1 lit. a) GDPR. The legal basis for the processing of data transmitted in the course of a contact request or email, letter or fax is Article 6 Paragraph 1 Sentence 1 Letter f) GDPR. The person responsible has a legitimate interest in the processing and storage of the data in order to be able to answer user inquiries, to preserve evidence for reasons of liability and, if necessary, to be able to comply with his statutory storage obligations for business letters. If the contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) sentence 1 lit. b) GDPR.

We can store your details and contact request in our customer relationship management system ("CRM system") or a comparable system.

The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with you has ended. The conversation is over when it can be inferred from the circumstances that the facts in question have been finally clarified. We store inquiries from users who have an account or contract with us for a period of two years after the end of the contract. In the case of legal archiving obligations, the deletion takes place after their expiry: end of commercial law (6 years) and tax law (10 years) storage obligation.

You have the option at any time to revoke your consent to the processing of personal data in accordance with Article 6 Paragraph 1 Clause 1 Letter a) GDPR. If you contact us by email, you can object to the storage of your personal data at any time.

Contact by phone

When contacting us by telephone, your telephone number will be processed and temporarily stored or displayed in the RAM / cache of the telephone device / display to process the contact request and its processing. It is stored for liability and security reasons, to be able to provide evidence of the call, and for economic reasons, to enable a callback. In the case of unauthorized advertising calls, we block the phone numbers.

The legal basis for processing the telephone number is Article 6 Paragraph 1 Clause 1 Letter f) GDPR. If the contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 (1) (b) GDPR.

The device cache stores the calls for 30 days and successively overwrites or deletes old data. When the device is disposed of, all data is deleted and the memory may be destroyed. Blocked telephone numbers are checked annually to determine whether blocking is necessary.

You can prevent the phone number from being displayed by calling with a suppressed phone number.

Google AdWords with conversion tracking

We use the "Google Ads with conversion tracking" service (service provider: Google Ireland Limited, registration number: 368047, Gordon House, Barrow Street, Dublin 4, Ireland) to draw attention to our website on third-party websites by means of an advertisement.

Data categories and description of data processing: Usage data/communication data. If you click on one of our Google ads, a cookie will be stored in your browser, which is valid for about 30 days. If you then call up our website, we and Google can use the cookie to evaluate whether you have visited our website and which of our pages you have visited. Google creates statistics about this. The data is also transferred to the USA and analyzed there. If you are logged in with a Google account, AdWords can assign the data to your account. If you do not want this, you must log out before visiting our website.

Purpose of data processing: This conversion tracking serves the purpose of analysis/success measurement, optimization and the economic operation of our advertising and website.

Legal basis: If you have given your consent (“opt-in”) to the processing of your personal data using “Google Ads with conversion tracking”, then Article 6 (1) sentence 1 lit. a) GDPR is the legal basis. Otherwise, the legal basis for the processing of your data is our legitimate interest in the analysis, optimization and efficient economic operation of our advertising and website in accordance with Article 6 Paragraph 1 Clause 1 Letter f) GDPR.

 Data transmission/recipient category: Google Ireland.

Storage duration: up to 540 days.

Objection and removal options ("opt-out"): You can object to or prevent the installation of cookies by Google in various ways:

You can disable cookies in your browser by setting “do not accept cookies”, which includes third-party cookies;

You can deactivate conversion tracking directly with Google via the link https://adssettings.google.com, whereby this setting only lasts until you delete your cookies.

You can opt out of personalized ads from third-party providers participating in the “About Ads” advertising self-regulation initiative via the link https://optout.aboutads.info for US sites or for EU sites at http://www.youronlinechoices.com/de Disable /preference management/, although this setting only lasts until you delete all your cookies;

You can permanently disable cookies using a browser plug-in for Chrome, Firefox or Internet Explorer under the link https://support.google.com/ads/answer/7395996. This deactivation can result in you no longer being able to use all the functions of our website to their full extent.

For more information, see Google's privacy policy at https://policies.google.com/privacy?hl=de&gl=de and https://services.google.com/sitestats/de.html.

Matomo (formerly PIWIK)

We have installed the web analysis service / open source software "Matomo" on our website in order to analyze and improve the use of our website.

Data category and description of data processing: IP address, technical information about the browser and provider plus end device, location, interests and pages visited. The software sets cookies on your computer for the analysis. We have activated the so-called "IP anonymization", whereby your IP address is shortened at the last 3 digits. As a result, it is no longer possible for the data to be personal. In addition, this IP is not merged with other data collected by us. The data is processed and stored on our servers in Germany.

Purpose of processing: This data is collected and stored for the purposes of marketing, analysis and optimization of our website.

Legal basis: If you have given your consent (“opt-in”) for the processing of your personal data by means of “tracking”, then Article 6 (1) sentence 1 lit. a) GDPR is the legal basis. The legal basis is also our legitimate interest in data processing based on the above purposes in accordance with Article 6 Paragraph 1 Clause 1 Letter f) GDPR. In the case of services provided in connection with a contract, user behavior is tracked and analyzed in accordance with Article 6 (1) sentence 1 lit. b) GDPR in order to use the information obtained in this way to provide optimized services to fulfill the to be able to offer for the purpose of the contract.

Duration of storage: after the data has been collected, it is made anonymous. The cookies are stored for a maximum of 13 months or until they are deleted by you as the user. The server logs are automatically deleted after 360 days.

Objection: You can object to the collection and storage of data at any time free of charge with effect for the future. You can object to or prevent the installation of cookies by Matomo in various ways:

You can disable cookies in your browser by setting “do not accept cookies”, which includes third-party cookies;

You can disable Matomo cookies here:

Opt-out abgeschlossen; Ihre Besuche auf dieser Webseite werden nicht vom Webanalysetool erfasst. Bitte beachten Sie, dass auch der Matomo-Deaktivierungs-Cookie dieser Webseite gelöscht wird, wenn Sie die in Ihrem Browser abgelegten Cookies entfernen. Außerdem müssen Sie, wenn Sie einen anderen Computer oder einen anderen Webbrowser verwenden, die Deaktivierungsprozedur nochmals absolvieren.

Sie haben die Möglichkeit zu verhindern, dass von Ihnen hier getätigte Aktionen analysiert und verknüpft werden. Dies wird Ihre Privatsphäre schützen, aber wird auch den Besitzer daran hindern, aus Ihren Aktionen zu lernen und die Bedienbarkeit für Sie und andere Benutzer zu verbessern.

Die Tracking opt-out Funktion benötigt aktivierte Cookies.

This cookie only applies to our website and your current browser and only lasts until you delete your cookies. In this case you would have to set the cookie again.

For more information, see Matomo's privacy policy at: https://matomo.org/privacy/.

Google ReCAPTCHA

We have integrated the anti-spam function "reCAPTCHA" from "Google" (provider: Google Ireland Limited, register number: 368047, Gordon House, Barrow Street, Dublin 4, Ireland) on our website.

Data category and description of data processing: usage data (e.g. website accessed, IP). By using "reCAPTCHA" in our forms, we can determine whether the input was made by a machine (robot) or a human. When using the service, your IP address and any other data required for this may be transmitted to a Google server in the USA.

Purpose of processing: avoidance of spam and abuse as well as our economic interest in optimizing our website.

Legal basis: If you have given your consent (“opt-in”) to the processing of your personal data by the third-party provider using “reCaptcha”, then Article 6 (1) sentence 1 lit. a) GDPR is the legal basis. The legal basis is also our legitimate interest in data processing based on the above purposes in accordance with Article 6 Paragraph 1 Clause 1 Letter f) GDPR.

Data transfer/recipient category: Third-party providers in the USA.

Duration of storage: until the cookies are deleted by you as a user.

You can find more information about Google ReCAPTCHA at https://www.google.com/recaptcha/ and in Google's data protection declaration at: https://policies.google.com/privacy.

Google Maps

We have integrated maps from “Google Maps” (provider: Google Ireland Limited, registration number: 368047, Gordon House, Barrow Street, Dublin 4, Ireland) on our website.

Data category and description of data processing: usage data (e.g. IP, location, page accessed). Google Maps allows us to show the location of addresses and driving directions on interactive maps directly on our website and enable you to use this tool. When accessing our website, where Google Maps is integrated, a connection to the Google servers in the USA is established. Your IP and location can be transmitted to Google. In addition, Google receives the information that you have accessed the relevant page. This is also done without a user account with Google. If you are logged into your Google account, Google can assign the above data to your account. If you do not want this, you must log out of your Google account. Google creates user profiles from such data and uses this data for the purpose of advertising, market research or the optimization of its websites.

Purpose of processing: Provision of a user-friendly, economical and optimized website.

Legal basis: If you have given your consent (“opt-in”) to the processing of your personal data by the third-party provider using “Google Maps”, then Article 6 (1) sentence 1 lit. a) GDPR is the legal basis. The legal basis is also our legitimate interest in data processing based on the above purposes in accordance with Article 6 Paragraph 1 Clause 1 Letter f) GDPR.

Data transfer/recipient category: Third-party providers in the USA.

Storage duration: Cookies up to 6 months or until you delete them. Otherwise as soon as they are no longer required for the processing purposes.

Possibility of objection and removal: You have the right to object to the creation of user profiles by Google. Therefore, please contact Google directly via the data protection declaration below. You can make an opt-out objection regarding the advertising cookies here in your Google account:

https://adssettings.google.com/authenticated.

You can find the terms of use for Google Maps at https://www.google.com/intl/de_de/help/terms_maps.html and the data protection declaration for Google advertising at https://policies.google.com/technologies/ads Further information on the use of Google cookies and their advertising technologies, storage period, anonymization, location data, functionality and your rights. Google's general privacy policy: https://policies.google.com/privacy.

Data protection for applications and in the application process

Applications that are sent electronically or by post to the person responsible are processed electronically or manually for the purpose of processing the application process.

We expressly point out that application documents with "special categories of personal data" according to Art want to disclose of their own free will are undesirable. You should submit your application without this data. This has no effect on your chances of applying.

The legal basis for processing is Article 6 Paragraph 1 Clause 1 Letter b) GDPR and Section 26 BDSG new version.

If an employment relationship is entered into with the applicant after the application process has been completed, the applicant data will be stored in compliance with the relevant data protection regulations. If you are not offered a job after completing the application process, the letter of application and documents you submitted will be deleted 6 months after the rejection has been sent in order to be able to meet any claims and obligations to provide evidence under the AGG.

Rights of the data subject

Objection or revocation against the processing of your data

Insofar as the processing is based on your consent in accordance with Article 6 Paragraph 1 Sentence 1 Letter a), Article 7 GDPR, you have the right to revoke your consent at any time. This does not affect the legality of the processing carried out on the basis of the consent until the revocation.

Insofar as we base the processing of your personal data on the balancing of interests in accordance with Article 6 (1) sentence 1 lit. f) GDPR, you can object to the processing. This is the case if the processing is not necessary in particular to fulfill a contract with you, which is shown by us in the following description of the functions. If you exercise such an objection, we ask that you explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the situation and will either stop or adjust the data processing or show you our compelling reasons worthy of protection on the basis of which we will continue the processing.

You can object to the processing of your personal data for advertising and data analysis purposes at any time. You can exercise your right to object free of charge. You can inform us about your objection to advertising using the following contact details:

Herzog Bau GmbH
Fuchsengarten 1a
91054 Erlangen
Fax: 09131/6823-10
E-Mail: datenschutz@herzog-bau.gmbh

right to information

You have the right to information about your personal data stored by us according to Art. 15 DS-GVO. This includes, in particular, information about the purposes of processing, the category of personal data, the categories of recipients to whom your data was or will be disclosed, the planned storage period, the origin of your data, unless it was collected directly from you.

Right to Rectification

You have the right to have incorrect data corrected or correct data completed in accordance with Art. 16 GDPR.

Right to Erasure

You have the right to have your data stored by us deleted in accordance with Art. 17 DS-GVO, unless legal or contractual retention periods or other legal obligations or rights to further storage conflict with this.

Right to Restriction

You have the right to demand a restriction in the processing of your personal data if one of the requirements in Article 18 (1) lit. a) to d) GDPR is met:

• If you dispute the accuracy of the personal data concerning you for a period that enables the person responsible to verify the accuracy of the personal data;
• the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
• the person responsible no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or
• if you have lodged an objection to the processing pursuant to Art. 21 Para. 1 DS-GVO and it is not yet certain whether the legitimate reasons of the person responsible outweigh your reasons.

Right to data portability

You have a right to data portability in accordance with Art. 20 GDPR, which means that you can receive the personal data we have stored about you in a structured, common and machine-readable format or you can request transmission to another person responsible.

Right to Complaint

You have the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority, in particular in the Member State where you live, where you work or where the alleged violation took place.

data security

In order to protect all personal data that is transmitted to us and to ensure that we and our external service providers comply with the data protection regulations, we have taken appropriate technical and organizational security measures. Therefore, among other things, all data between your browser and our server is transmitted in encrypted form via a secure SSL connection.

Stand: 15.12.2022