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We are very delighted that you have shown interest in our enterprise. Data
protection is of a particularly high priority for the management of the Brook
Advantage Limited. The use of the Internet pages of the Brook Advantage Limited
is possible without any indication of personal data; however, if a data subject
wants to use special enterprise services via our website, processing of personal
data could become necessary. If the processing of personal data is necessary and
there is no statutory basis for such processing, we generally obtain consent from
the data subject.
The processing of personal data, such as the name, address, e-mail address, or
telephone number of a data subject shall always be in line with the General Data
Protection Regulation (GDPR), and in accordance with the country-specific data
protection regulations applicable to the Brook Advantage Limited. By means of
this data protection declaration, our enterprise would like to inform the general
public of the nature, scope, and purpose of the personal data we collect, use and
process. Furthermore, data subjects are informed, by means of this data
protection declaration, of the rights to which they are entitled.
As the controller, the Brook Advantage Limited 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 may in principle have security gaps, so absolute protection may not
be guaranteed. For this reason, every data subject is free to transfer personal data
to us via alternative means, e.g. by telephone.
The data protection declaration of the Brook Advantage Limited is based on the
terms used by the European legislator for the adoption of the General Data
Protection Regulation (GDPR). Our data protection declaration should be legible
and understandable for the general public, as well as our customers and business
partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
a) Personal data
Personal data means any
information relating to an identified or identifiable natural person (“data
subject”). An identifiable natural person is one who can be identified, directly
or indirectly, in particular by reference to an identifier such as a name, an
identification number, location data, an online identifier 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 is any identified or
identifiable natural person, whose personal data is processed by the
controller responsible for the processing.
Processing is 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
d) Restriction of processing
processing is the marking of stored personal data with the aim of limiting
their processing in the future.
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
analyse or predict aspects concerning that natural person’s performance at
work, economic situation, health, personal preferences, interests, reliability,
behaviour, location or movements.
Pseudonymisation is 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 to ensure that the
personal data are not attributed to an identified or identifiable natural
g) Controller or controller responsible for the
Controller or controller responsible for the processing 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 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
Processor is a natural or legal person,
public authority, agency or other body which processes personal data on
behalf of the controller.
Recipient is 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; the processing of those data by those public authorities shall be
in compliance with the applicable data protection rules according to the
purposes of the processing.
j) Third party
Third party is 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.
Consent of the data subject is 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
Controller for the purposes of the General Data Protection Regulation (GDPR),
other data protection laws applicable in Member states of the European Union and
other provisions related to data protection is:
Brook Advantage Limited
1 The Furze
files that are stored in a computer system via an Internet browser.
cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character
string through which Internet pages and servers can be assigned to the specific
Internet browser in which the cookie was stored. This allows visited Internet sites
and servers to differentiate the individual browser of the dats subject from other
Internet browsers that contain other cookies. A specific Internet browser can be
recognized and identified using the unique cookie ID.
this website with more user-friendly services that would not be possible without
the cookie setting.
By means of a cookie, the information and offers on our website can be optimized
with the user in mind. Cookies allow us, as previously mentioned, to recognize our
website users. The purpose of this recognition is to make it easier for users to
enter access data each time the website is accessed, because this is taken over
by the website, and the cookie is thus stored on the user’s computer system.
Another example is the cookie of a shopping cart in an online shop. The online
store remembers the articles that a customer has placed in the virtual shopping
cart via a cookie.
The data subject may, at any time, prevent the setting of cookies through our
website by means of a corresponding setting of the Internet browser used, and
may thus permanently deny the setting of cookies. Furthermore, already set
cookies may be deleted at any time via an Internet browser or other software
programs. This is possible in all popular Internet browsers. If the data subject
deactivates the setting of cookies in the Internet browser used, not all functions of
our website may be entirely usable.
The website of the Brook Advantage Limited collects a series of general data and
information when a data subject or automated system calls up the website. This
general data and information are stored in the server log files. Collected may be
(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 (so-called referrers), (4) the sub-websites, (5) the date and time of access
to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet
service provider of the accessing system, and (8) any other similar data and
information that may be used in the event of attacks on our information technology
When using these general data and information, the Brook Advantage Limited
does not draw any conclusions about the data subject. Rather, this information is
needed to (1) deliver the content of our website correctly, (2) optimize the content
of our website as well as its advertisement, (3) ensure the long-term viability of our
information technology systems and website technology, and (4) provide law
enforcement authorities with the information necessary for criminal prosecution in
case of a cyber-attack. Therefore, the Brook Advantage Limited analyzes
anonymously collected data and information statistically, with the aim of increasing
the data protection and data security of our enterprise, and to ensure an optimal
level of protection for the personal data we process. The anonymous data of the
server log files are stored separately from all personal data provided by a data
The data subject has the possibility to register on the website of the controller with
the indication of personal data. Which personal data are transmitted to the
controller is determined by the respective input mask used for the registration. The
personal data entered by the data subject are collected and stored exclusively for
internal use by the controller, and for his own purposes. The controller may
request transfer to one or more processors (e.g. a parcel service) that also uses
personal data for an internal purpose which is attributable to the controller.
By registering on the website of the controller, the IP address—assigned by the
Internet service provider (ISP) and used by the data subject—date, and time of the
registration are also stored. The storage of this data takes place against the
background that this is the only way to prevent the misuse of our services, and, if
necessary, to make it possible to investigate committed offenses. Insofar, the
storage of this data is necessary to secure the controller. This data is not passed
on to third parties unless there is a statutory obligation to pass on the data, or if
the transfer serves the aim of criminal prosecution.
The registration of the data subject, with the voluntary indication of personal data,
is intended to enable the controller to offer the data subject contents or services
that may only be offered to registered users due to the nature of the matter in
question. Registered persons are free to change the personal data specified
during the registration at any time, or to have them completely deleted from the
data stock of the controller.
The data controller shall, at any time, provide information upon request to each
data subject as to what personal data are stored about the data subject. In
addition, the data controller shall correct or erase personal data at the request or
indication of the data subject, insofar as there are no statutory storage obligations.
The entirety of the controller’s employees are available to the data subject in this
respect as contact persons.
The data controller shall process and store the personal data of the data subject
only for the period necessary to achieve the purpose of storage, or as far as this is
granted by the European legislator or other legislators in laws or regulations to
which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the
European legislator or another competent legislator expires, the personal data are
routinely blocked or erased in accordance with legal requirements.
a) Right of confirmation
Each data subject shall have
the right granted by the European legislator to obtain from the controller the
confirmation as to whether or not personal data concerning him or her are
being processed. If a data subject wishes to avail himself of this right of
confirmation, he or she may, at any time, contact any employee of the
b) Right of access
Each data subject shall have the
right granted by the European legislator to obtain from the controller free
information about his or her personal data stored at any time and a copy of
this information. Furthermore, the European directives and regulations grant
the data subject access to the following information:
the purposes of the processing;
the categories of personal data concerned;
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 organisations;
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 of
personal data concerning the data subject, or to object to such
the existence of the right to lodge a complaint with a
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 envisaged consequences of such
processing for the data subject.
Furthermore, the data subject shall have a right to obtain
information as to whether personal data are transferred to a third country or
to an international organisation. Where this is the case, the data subject
shall have the right to be informed of the appropriate safeguards relating to
If a data subject wishes to avail himself of this right of access,
he or she may, at any time, contact any employee of the controller.
c) Right to rectification
Each data subject shall have
the right granted by the European legislator to obtain from the controller
without undue delay the rectification of inaccurate personal data concerning
him or her. Taking into account the purposes of the processing, the data
subject shall have 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, he or she may, at any
time, contact any employee of the controller.
d) Right to erasure (Right to be forgotten)
subject shall have the right granted by the European legislator to obtain from
the controller the erasure of personal data concerning him or her without
undue delay, and the controller shall have the obligation to erase personal
data without undue delay where one of the following grounds applies, as
long as 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 to which the
processing is based according to point (a) of Article 6(1) of the GDPR,
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 personal data must be erased for compliance with
a legal obligation in Union or Member State law to which the controller
The personal data have been collected in relation to the
offer of information society services referred to in Article 8(1) of the
If one of the aforementioned reasons applies, and a data
subject wishes to request the erasure of personal data stored by the Brook
Advantage Limited, he or she may, at any time, contact any employee of the
controller. An employee of Brook Advantage Limited shall promptly ensure
that the erasure request is complied with immediately.
Where the controller
has made personal data public and is obliged pursuant to Article 17(1) to
erase the personal data, the controller, taking account of available
technology and the cost of implementation, shall take reasonable steps,
including technical measures, to inform other controllers processing the
personal data that the data subject has requested erasure by such
controllers of any links to, or copy or replication of, those personal data, as
far as processing is not required. An employees of the Brook Advantage
Limited will arrange the necessary measures in individual cases.
e) Right of restriction of processing
Each data subject
shall have 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 instead 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) of the 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 request the restriction of the processing of personal data
stored by the Brook Advantage Limited, he or she may at any time contact
any employee of the controller. The employee of the Brook Advantage
Limited will arrange the restriction of the processing.
f) Right to data portability
Each data subject shall have
the right granted by the European legislator, to receive the personal data
concerning him or her, which was provided to a controller, in a structured,
commonly used and machine-readable format. He or she shall have the right
to transmit those data to another controller without hindrance from the
controller to which the personal data have been provided, as long as the
processing is based on consent pursuant to point (a) of Article 6(1) of the
GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to
point (b) of Article 6(1) of the GDPR, and the processing is carried out by
automated means, as long as 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 his or
her right to data portability pursuant to Article 20(1) of the GDPR, the data
subject shall have the right to have personal data transmitted directly from
one controller to another, where technically feasible and when doing so does
not adversely affect the rights and freedoms of others.
In order to assert the
right to data portability, the data subject may at any time contact any
employee of the Brook Advantage Limited.
g) Right to object
Each data subject shall have 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.
Advantage Limited shall no longer process the personal data in the event of
the objection, unless we can demonstrate compelling legitimate grounds for
the processing which override the interests, rights and freedoms of the data
subject, or for the establishment, exercise or defence of legal claims.
Brook Advantage Limited processes personal data for direct marketing
purposes, the data subject shall have the right to object at any time to
processing of personal data concerning him or her for such marketing. This
applies to profiling to the extent that it is related to such direct marketing. If
the data subject objects to the Brook Advantage Limited to the processing
for direct marketing purposes, the Brook Advantage Limited will no longer
process the personal data for these purposes.
In addition, the data subject
has the right, on grounds relating to his or her particular situation, to object
to processing of personal data concerning him or her by the Brook
Advantage Limited for scientific or historical research purposes, or for
statistical purposes pursuant to Article 89(1) of the GDPR, unless the
processing is necessary for the performance of a task carried out for
reasons of public interest.
In order to exercise the right to object, the data
subject may contact any employee of the Brook Advantage Limited. In
addition, the data subject is free in the context of the use of information
society services, and notwithstanding Directive 2002/58/EC, to use his or
her right to object by automated means using technical specifications.
h) Automated individual decision-making, including
Each data subject shall have 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, as long as the decision (1)
is not is necessary for entering into, or the performance of, a contract
between the data subject and a data 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
If the decision (1) is necessary for entering into, or the
performance of, a contract between the data subject and a data controller, or
(2) it is based on the data subject’s explicit consent, the Brook Advantage
Limited 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 contest the decision.
If the data subject wishes to exercise the
rights concerning automated individual decision-making, he or she may, at
any time, contact any employee of the Brook Advantage Limited.
i) Right to withdraw data protection consent
data subject shall have the right granted by the European legislator to
withdraw his or her consent to processing of his or her personal data at any
If the data subject wishes to exercise the right to withdraw the
consent, he or she may, at any time, contact any employee of the Brook
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which
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
party, as is the case, for example, when processing operations are necessary for
the supply of goods or to provide any other service, the processing is based on
Article 6(1) lit. b GDPR. The same applies to such processing operations which
are necessary for carrying out pre-contractual measures, for example in the case
of inquiries concerning our products or services. Is our company subject to a legal
obligation by which processing of personal data is required, such as for the
fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In
rare cases, the processing of personal data may be 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 in our company and his name, age, health
insurance data or other vital information would have to be passed on to a doctor,
hospital or other third party. Then the processing would be based on Art. 6(1) lit. d
GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR.
This legal basis is used for processing operations which are not covered by any of
the abovementioned legal grounds, if processing is necessary for the purposes of
the legitimate interests pursued by our company or by a third party, except where
such interests are overridden by the interests or fundamental rights and freedoms
of the data subject which require protection of personal data. Such processing
operations are particularly permissible because they have been specifically
mentioned by the European legislator. He considered that a legitimate interest
could be assumed if 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) lit. f GDPR our
legitimate interest is to carry out our business in favor of the well-being of all our
employees and the shareholders.
The criteria used to determine the period of storage of personal data is the
respective statutory retention period. After expiration of that period, the
corresponding data is routinely deleted, as long as it is no longer necessary for the
fulfillment of the contract or the initiation of a contract.
Requirement necessary to enter into a contract; Obligation of the data
subject to provide the personal data; possible consequences of failure
to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax
regulations) or can also result from contractual provisions (e.g. information on the
contractual partner). Sometimes it may be necessary to conclude a contract that
the data subject provides us with personal data, which must subsequently be
processed by us. The data subject is, for example, obliged to provide us with
personal data when our company signs a contract with him or her. The non-
provision of the personal data would have the consequence that the contract with
the data subject could not be concluded. Before personal data is provided by the
data subject, the data subject must contact any employee. The employee clarifies
to the data subject 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 the consequences of non-provision of
the personal data.
As a responsible company, we do not use automatic decision-making or profiling.
the External Data Protection Officers that was developed in cooperation with
the Media Law Lawyers from WBS-LAW.