Privacy Policy

We are delighted by your interest in our company. Data protection is of paramount importance to the management of BalancedPerformance. Use of the BalancedPerformance website is generally possible without providing any personal data. However, if a data subject wishes to use special services offered by our company via our website, processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the data subject's consent. The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to BalancedPerformance. This privacy policy aims to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, this privacy policy informs data subjects about their rights. BalancedPerformance, as the data controller, has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, internet-based data transmissions can always have security vulnerabilities, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, such as by telephone. 1. Definitions The data protection declaration of BalancedPerformance is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration is intended to be easily readable and understandable for both the general public and our customers and business partners. To ensure this, we would like to explain the terminology used in advance. In this data protection declaration, we use, among others, the following terms: a) Personal data Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as "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: A data subject is any identified or identifiable natural person whose personal data is processed by the controller. 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, organization, 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 its processing in the future. e) Profiling: Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements. f) Pseudonymization: Pseudonymization 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 organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person. g) Controller: The controller is 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 this processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for by Union or Member State law. (h) Processor: A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. (i) Recipient: A recipient is a natural or legal person, public authority, agency or another body, to which 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: A third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the 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. 2. Name and address of the controller. The controller within the meaning of the General Data Protection Regulation (GDPR), other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is: BalancedPerformance Mirko Euscher Anklamer Str. 1 10115 Berlin Germany Tel.: 49 30 7229 2001 Email: info1@balancedperformance.biz Website: www.balancedperformance.biz 3. Cookies. The BalancedPerformance website uses cookies. Cookies are text files that are stored and saved on a computer system via an internet browser. Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters that allows websites and servers to identify the specific web browser in which the cookie was stored. This enables visited websites and servers to distinguish the individual browser of the data subject from other web browsers that contain different cookies. A specific web browser can be recognized and identified via the unique cookie ID. By using cookies, BalancedPerformance can provide users of this website with more user-friendly services that would not be possible without setting cookies. A cookie allows us to optimize the information and offers on our website for the user. As mentioned above, cookies enable us to recognize users of our website. The purpose of this recognition is to make it easier for users to navigate our website. For example, a user of a website that uses cookies does not have to re-enter their login credentials every time they visit the website, because this is handled by the website and the cookie stored on the user's computer system. Another example is the shopping cart cookie in an online store. The online shop uses a cookie to remember the items a customer has placed in their virtual shopping cart. The data subject can prevent the setting of cookies by our website at any time by adjusting the corresponding setting in their web browser, thus permanently objecting to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via a web browser or other software programs. This is possible in all common web browsers. If the data subject deactivates the setting of cookies in their web browser, some functions of our website may not be fully usable. 4. Collection of general data and information The BalancedPerformance website collects a range of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server's log files. The following data can be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reached our website (known as the referrer), (4) the sub-pages accessed on our website by 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 serve to prevent attacks on our IT systems. BalancedPerformance does not draw any conclusions about the data subject when using this general data and information. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website and its advertising, (3) ensure the long-term functionality of our IT systems and the technology of our website, and (4) provide law enforcement agencies with the information necessary for prosecution in the event of a cyberattack. BalancedPerformance therefore uses this anonymously collected data and information for statistical analysis and to improve data protection and data security within our company, ultimately ensuring an optimal level of protection for the personal data we process. The anonymous server log file data is stored separately from all personal data provided by a data subject. 5. Routine Erasure and Blocking of Personal Data The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage, or as long as this is provided for by the European legislator or another legislator in laws or regulations to which the controller is subject. If the purpose of storage ceases to apply, 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 legal requirements. 6. Rights of the data subject a) Right to confirmation Every data subject has the right granted by the European legislator to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact an employee of the controller. b) Right of access Every data subject has the right granted by the European legislator to obtain from the controller, free of charge, information about his or her personal data stored at any time and a copy of this information. Furthermore, the European legislator has granted the data subject the right to information regarding the following: the purposes of the processing; the categories of personal data being processed; the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations; where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing concerning the data subject or to object to such processing; the right to lodge a complaint with a supervisory authority; where the personal data are not collected from the data subject, any available information as to their source; the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject. Furthermore, the data subject has the right to be informed whether personal data are being transferred to a The personal data have been transferred to a third country or to an international organization. If this is the case, the data subject 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. c) Right to rectification. Every data subject has the right granted by the European legislator to obtain from the controller without undue delay the rectification 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. d) Right to erasure (right to be forgotten) Every data subject has the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies, and where the processing is not necessary: The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed. The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing. The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR. The personal data have been unlawfully processed. The erasure of personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject. The personal data were collected in relation to information society services offered pursuant to Article 8(1) of the GDPR. If one of the aforementioned grounds applies and a data subject wishes to have their personal data stored by BalancedPerformance erased, they may contact an employee of the controller at any time. The BalancedPerformance employee will ensure that the erasure request is complied with immediately. If BalancedPerformance has made personal data publicly available and our company, as the controller pursuant to Article 17(1) GDPR, is obligated to erase the personal data, BalancedPerformance, taking into account available technology and the cost of implementation, shall 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, that personal data, insofar as processing is not necessary. The BalancedPerformance employee will take the necessary steps in each individual case. e) Right to restriction of processing. Every data subject has the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies: The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data. The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead. The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims. The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject. If one of the aforementioned conditions is met and a data subject wishes to restrict the processing of their personal data stored by BalancedPerformance, they may contact an employee of the data controller at any time. The BalancedPerformance employee will then arrange for the restriction of processing. f) Right to data portability. Every data subject 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. She also has the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that 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, unless the processing is 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, when exercising her 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 exercise her right to data portability, the data subject may contact a BalancedPerformance employee at any time. g) Right to object. Every data subject has the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions. BalancedPerformance will no longer process the personal data in the event of such an objection, 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 purpose of establishing, exercising or defending legal claims. Where BalancedPerformance processes personal data for direct marketing purposes, the data subject has the right to object at any time to processing of personal data concerning him or her 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 the processing of their personal data by BalancedPerformance for direct marketing purposes, BalancedPerformance will no longer process the personal data for these purposes. Furthermore, the data subject has the right to object, on grounds relating to their particular situation, to the processing of personal data concerning them which is carried out by BalancedPerformance for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest. To exercise the right to object, the data subject may contact any employee of BalancedPerformance 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. (h) Automated individual decision-making, including profiling. Every data subject 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 him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or performing, a contract between the data subject and a data controller, or (2) is authorized 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 based on the data subject’s explicit consent. If the decision (1) is necessary for entering into, or performing, a contract between the data subject and the controller, or (2) is based on the data subject’s explicit consent, BalancedPerformance shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision. If the data subject wishes to exercise rights relating to automated decision-making, he or she may contact an employee of the controller at any time. i) Right to withdraw consent under data protection law. Every data subject has the right granted by the European legislator to withdraw his or her consent to the processing of personal data at any time. If the data subject wishes to exercise his or her right to withdraw consent, he or she may contact an employee of the controller at any time. 7. Data Protection Provisions Regarding the Use of Google Analytics (with Anonymization Function) The data controller has integrated the Google Analytics component (with anonymization function) into this website. Google Analytics is a web analytics service. Web analytics involves the collection, gathering, and analysis of data about the behavior of website visitors. A web analytics service records, among other things, data about which website a data subject came from (known as the referrer), which subpages of the website were accessed, and how often and for how long a subpage was viewed. Web analytics is primarily used to optimize a website and for cost-benefit analysis of online advertising. The operator of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland. The data controller uses the extension "_gat._anonymizeIp" for web analytics via Google Analytics. This add-on shortens and anonymizes the IP address of the data subject's internet connection when our website is accessed from a member state of the European Union or another contracting state of the Agreement on the European Economic Area. The purpose of the Google Analytics component is to analyze visitor traffic on our website. Google uses the data and information obtained, among other things, to evaluate the use of our website, to compile online reports for us that show the activities on our website, and to provide other services related to the use of our website. Google Analytics places a cookie on the data subject's information technology system. Cookies were explained above. By setting the cookie, Google is enabled to analyze the use of our website. Each time one of the individual pages of this website, which is operated by the data controller and on which a Google Analytics component has been integrated, is accessed, the respective Google Analytics component automatically prompts the internet browser on the data subject's information technology system to transmit data to Google for the purpose of online analysis. As part of this technical process, Google receives personal data, such as the data subject's IP address, which Google uses, among other things, to track the origin of visitors and clicks and subsequently to enable commission billing. The cookie stores personal information, such as the access time, the location from which access originated, and the frequency of the data subject's visits to our website. With each visit to our website, this personal data, including the IP address of the internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may share this personal data collected via the technical process with third parties. The data subject can prevent the setting of cookies by our website at any time, as described above, by adjusting the settings of their internet browser accordingly, and thus permanently object to the setting of cookies. Such a browser setting would also prevent Google from setting a cookie on the data subject's information technology system. Furthermore, a cookie already set by Google Analytics can be deleted at any time via the internet browser or other software programs. The data subject also has the option to object to and prevent the collection and processing of data generated by Google Analytics relating to the use of this website. To do this, the data subject must download and install a browser add-on from the following link: https://tools.google.com/dlpage/gaoptout. This browser add-on uses JavaScript to inform Google Analytics that no data or information about website visits may be transmitted to Google Analytics. Google interprets the installation of this browser add-on as an objection. If the data processing system of the data subject is subsequently deleted, formatted, or reinstalled, the data subject must reinstall the browser add-on to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person within their sphere of influence, it can be reinstalled or reactivated. Further information and Google's applicable privacy policy can be found at https://www.google.de/intl/de/policies/privacy/ and at http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail at this link: https://www.google.com/intl/de_de/analytics/. 8. Legal basis for processing: Article 6(1)(a) GDPR serves as the legal basis for our company's processing operations where we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Article 6(1)(b) GDPR. The same applies to such processing operations that are necessary for carrying out pre-contractual measures, such as in cases of inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Article 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or 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 disclosed to a doctor, hospital, or other third party. In this case, the processing would be based on Article 6(1)(d) GDPR. Ultimately, processing operations could be based on Article 6(1)(f) GDPR. This legal basis applies to processing operations not covered by any of the aforementioned legal bases if the processing is necessary for the purposes of the legitimate interests pursued by our company or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Such processing operations are permitted in particular because they have been specifically mentioned by the European legislator. The legislator took the view that a legitimate interest could be assumed where the data subject is a client of the controller (Recital 47, second sentence, GDPR). 9. Legitimate interests pursued by the controller or a third party If 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. 10. Duration for which personal data is stored. The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of this period, the corresponding data is routinely deleted, provided it is no longer required for the performance of a contract or for initiating a contract. 11. Legal or contractual requirements for providing personal data; necessity for entering into a contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide such data. We inform you that the provision of personal data is partly required by law (e.g., tax regulations) or may also arise from contractual provisions (e.g., information about the contracting party). In some cases, it may be necessary for a data subject to provide us with personal data that we subsequently need to process in order to conclude a contract. For example, the data subject is obligated to provide us with personal data if 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 must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract, or necessary for entering into a contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be. 12. Existence of automated decision-making: As a responsible company, we do not use automated decision-making or profiling. This privacy policy was created using the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the external data protection officer for Freising, in cooperation with the data protection lawyer Christian Solmecke.