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Data protection

Contact details of the responsible person and the data protection officer

Responsible in the sense of the EU data protection basic regulation (DSGVO) is the:

Federal Highway Research Institute (BASt)
Brüderstrasse 53
51427 Bergisch Gladbach
Phone: 02204 43-0
E-mail: post@bast.de

Our official data protection officer can be reached at the following contact details:

Official representative for data protection
Brüderstrasse 53
51427 Bergisch Gladbach
Phone: 02204 43-9002
E-mail: datenschutz@bast.de

General information on data processing

Data protection is protection of privacy. The aim of data protection is to safeguard the fundamental right to informational self-determination. In order to achieve this goal, any processing of personal data of natural persons must comply with the EU Data Protection Basic Regulation, the sector-specific data protection regulations and the Federal Data Protection Act.

Personal data is all information relating to an identified or identifiable natural person. A natural person is regarded as identifiable who can be identified directly or indirectly - in particular by assignment to an identifier - such as a name, to an identification number, to location data or to an online identifier or to one or more special features - which are expressions of the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.

Personal data may be processed only for specific, explicit and legitimate purposes. Only as much data as is strictly necessary for the purpose may be processed. In addition, the data must always be accurate and up to date. Identification of the data subject must only be possible for as long as is necessary to achieve the purpose for which the data were collected. From an organisational and technical point of view, the data must be adequately protected against unauthorised access and against loss, destruction and damage.

These specifications naturally also apply to data processing in BASt. BASt takes data protection seriously. It is committed to implementing the requirements as optimally as possible at all times. BASt's wide range of tasks, the quantity and sensitivity of the data processed and the ongoing digitalisation with its ever new processing options mean that data protection is becoming increasingly important.

Processing of personal data and purposes of processing

Access to the Internet offer

The BASt website is hosted by the Deutscher Wetterdienst (DWD), Frankfurter Straße 135, 63067 Offenbach am Main. The data transfers for the BASt website are handled via the web servers operated by the DWD.

The BASt's Press and Public Relations Office maintains the following websites:

  • www.bast.de
  • www.durabast.de
  • www.intelligentebruecke.de
  • www.nationalestelleverkehr.de
  • www.augenblickwinkel-360.de
  • www.testfeldmonitor.de

This privacy statement applies to all websites maintained by the BASt Press and Public Relations Office.

If you only use the website for information purposes, i.e. if you do not register or actively provide us with further information, we only collect personal data transmitted by your browser to our server. If you wish to view our website, we only collect data that is technically necessary to display our website to you and to guarantee the stability and security of the connection (legal basis is Art. 6 Para. 1 S. 1 lit. e DSGVO).

Each time you access the BASt website, data is stored in a log file for statistical and security purposes. We only collect the following data for a limited period of time:

  • Name of the retrieved file
  • Date and time of retrieval
  • Transferred data volume
  • Message as to whether the call was successful
  • Anonymized IP address of the accessing host system, the last two bytes are set to 0 (for example xxx.xxx.0.0).

This data is used exclusively to improve our Internet offer and is not evaluated in a way that can be traced back to you.

Data recorded during access to BASt's website will only be transmitted to third parties if we are obliged to do so by law or court order, or if such transmission is necessary for legal or criminal prosecution in the event of attacks on BASt's Internet infrastructure. The data will not be passed on for other non-commercial or commercial purposes.

Use of cookies

Cookies are used on certain pages without us being able to point this out to you. The cookies used are only used for intermediate storage when you carry out an order process (e.g. publications) or a registration process (e.g. for events). Data such as frequency of use or behaviour are not recorded. Most browsers are set so that they automatically accept cookies. However, you can deactivate the storage of cookies or set your browser so that cookies are only stored for the duration of the respective connection to the Internet.

Orders

When you order information material, newsletters or services from BASt, we ask for your name and other personal information. This is done for the purpose of processing your enquiries and orders. It is up to you to decide whether you want to enter this data or not. However, this information is required for the delivery of the ordered material.

You can object to the storage of your personal data at any time. We will then delete them completely. As a precaution, however, we would like to point out that this also means that the order you have placed can no longer be maintained.

Protection of minors

Persons under the age of 18 should not transmit any personal data to us without the consent of their parents or legal guardians. We do not request personal data from children and adolescents. We do not knowingly collect such data and do not pass it on to third parties.

Links to websites of other providers

Our online offer contains links to websites of other providers. We have no influence on the extent to which these providers comply with data protection regulations.

Social media features

On the BASt pages you have the opportunity to share content via the Twitter and Facebook services. These services use cookies. In order to prevent your data from being forwarded to the server of the respective network when the BASt page is called, we have asked for your consent prior to forwarding. Only after clicking on "Agree this time" or "Permanently agree" is the actual plug-in activated and the connection to the servers established (so-called 2-click solution). If you use the "Permanently agree" function, your decision will be stored in the local storage of your browser. The use of these services and their functions is the user's own responsibility and we expressly draw your attention to the fact that the YouTube, Twitter and Facebook services used by BASt store the data of their users (e.g. personal information, IP address etc.) in accordance with their own data usage guidelines and use them for business purposes.

BASt has no influence on the collection of data and its further use (e.g. location and duration of data storage or linking) by social networks.

Privacy Policy Facebook: https://de-de.facebook.com/about/privacy.

Privacy policy Twitter: https://twitter.com/privacy.

Use of YouTube components with extended data protection mode

This part of the data protection declaration originates from the model data protection declaration of the law firm Weiß & Partner.

On our website we use components (videos) of the company YouTube, LLC 901 Cherry Ave, 94066 San Bruno, CA, USA, a company of Google Inc., Amphitheatre Parkway, Mountain View, CA 94043, USA.

We use the option provided by YouTube " - extended data protection mode - ".

When you visit a page that has an embedded video, YouTube connects to the YouTube servers and displays the content on the website by notifying your browser.

According to YouTube, in "extended data protection mode", only data is transmitted to the YouTube server, in particular which of our websites you visited when watching the video. If you are logged in to YouTube at the same time, this information will be assigned to your YouTube member account. You can prevent this by logging out of your account before visiting our website.

More information about YouTube's privacy practices is provided by Google at the following link: https://www.google.de/intl/de/policies/privacy/

How to contact us

If you contact us, your personal data will be processed within the scope of BASt's performance of its duties (legal basis is Art. 6 Para. 1 S. 1 lit. e DS-GVO). Your personal data will only be stored for as long as is necessary to process the task or request (see also "Right of deletion").

The following ways of contacting us are possible:

Contact form

If you send us enquiries via the contact form, your details from the enquiry form including the contact data you provided will be stored by us for the purpose of processing the enquiry. These data will not be passed on without your consent.

E-Mail

It is also possible to contact BASt via e-mail addresses. These are personal e-mail addresses as well as function or presentation addresses to which several persons have access. If you contact us via e-mail, your personal data transmitted via e-mail will be stored (e.g. e-mail address, name, content of your enquiry/message).

By mail

If you contact us by post, we will process and store the personal data (e.g. surname, first name, address and content of your enquiry/message) that you have transmitted in this way.

Phone

If you contact us by telephone, personal data will be requested from you and processed (e.g. name, telephone number, your request) to the extent necessary to process your request. In addition, your telephone number is automatically stored in our telecommunications system unless you have suppressed this.

Participation in award procedures

The processing of personal data is carried out for the purpose of carrying out award procedures in accordance with the statutory provisions (GWB, VgV, UVgO, BHO). This purpose also represents BASt's legitimate interest in collecting the data. The required legal basis for the data processing results from Art. 6 Para. 1 S. 1 lit. b), lit. f), lit. e), Para. 3 DSGVO in conjunction with Art. 6 Para. 3 DSGVO. § 3 BDSG (n.F.) in conjunction with the relevant standards under public procurement law.

The categories of personal data processed include in particular personal data, photos and address data of employees, authorised representatives or bodies of applicants or bidders, data on reference providers, curricula vitae, proof of studies and training, data on the exercise of professional rights as well as data on economic and financial performance.

Within the scope of information duties pursuant to Section 134 GWB and Section 46 UVgO, personal data of the winning bidder and candidate will be communicated to the losing bidders and candidates directly or via the evergabe-platform of the Procurement Office (BeschA), which usually forwards the data in the sub-threshold area to the Bund.de platform of the Federal Administration Office (BVA) and in the upper-threshold area to the EU for publication in the Supplement to the Official Journal of the European Union (recipient of the data). However, the scope of application of the DSGVO with regard to the above information obligations under public procurement law is only opened up if the bidder or bidder's name contains personal data at all, which is usually not the case with company data. The recipients of the data may also be the Federal Office of Justice pursuant to § 150a para. 1 sentence 1 no. 4 and sentence 2 GewO. Other recipients of the data may be external companies that support BASt in carrying out the award procedure as well as quality managers and project controllers. Other recipients of the data may be internal auditors of the Federal Ministry of Transport and Digital Infrastructure (BMVI) or auditors of the Federal Court of Audit (BRH).

According to § 6 para. 2 sentence 1 UVgO and § 8 para. 4 VgV, all award documents, i.e. also the bids of the losing bidders, are kept until the end of the term of the concluded contract or framework agreement. It should be noted that some contracts are long-term obligations.

Video surveillance on the duraBASt and the BASt property in Bergisch Gladbach

Video surveillance on the duraBast site, the truck access and the entrance (D 35) to the BASt property in Bergisch Gladbach is carried out in particular for the purpose of property protection, the exercise of domestic rights and the reconstruction of damage claims (justified interests / purpose). The required legal basis for data processing results from Art. 6 Para. 1 S. 1 lit. f) DSGVO or Art. 6 Para. 1 S. 1 lit. e), Para. 3 DSGVO in conjunction with Art. 6 Para. 1 S. 1 lit. f) DSGVO. § 3 BDSG (new version). The recipient of the data is the porter service company commissioned by BASt and - in the case of the duraBast site - its subcontractor. The storage period shall be 21 days.

Video recording in the road area

Video recordings in road space are made by the BASt, among other things, as part of the condition recording and assessment of road surface properties. The necessary legal basis for the data processing results from Art. 6 para. 1 p. 1 lit. e), para. 3 DSGVO in conjunction with. § 3 BDSG (n.F.). If, in rare cases, personal data (in particular license plate numbers) are present on the recorded images, these are anonymized immediately and the original recordings are deleted.

Your rights

In particular, the legislator has granted the following rights to data subjects:

Right of information

The data subject may then request information as to whether and, if so, what data BASt has processed on him/her, where he/she obtained the data from, to whom he/she may communicate them, if any, and whether he/she may request rectification, erasure or limitation of the processing.

Right of rectification

Should personal data processed by BASt be inaccurate or incomplete, the data subject may request their immediate rectification or completion.

Right of deletion

The BASt must immediately delete personal data of the data subject if the data are no longer needed for the performance of the task or if the data subject has withdrawn his/her consent and if there is no other legal basis for the processing or if the data are unlawfully processed.

Right of limitation of processing

BASt may only process personal data with the consent of the data subject if the processing has been restricted. The data subject may request such a restriction,

  • if it has disputed the accuracy of the data and then for a reasonable period of time in which the person responsible checks whether this applies,
  • if the processing is unlawful but the data subject only requires a limitation of use instead of deletion,
  • if the BASt no longer needs the data, but the data subject does to protect their rights.

Right of data transferability

Where data processing is automated and based on consent or a contract, the natural person concerned shall have the right to obtain the personal data concerning him which he has provided to the controller in a structured, common and machine-readable format.

Right of objection

Insofar as the EU Data Protection Basic Regulation applies to the data processing operations of the Federal Highway Research Institute, the natural person concerned shall have the right to object to the processing of personal data concerning him for reasons arising from his particular situation.

Right of withdrawal with consent

If personal data are processed on the basis of consent (Article 6(1)(a) DSGVO), the data subject may revoke such consent at any time for the relevant purpose. As a result, we may no longer continue the data processing based on this consent in the future. The lawfulness of the processing on the basis of the consent given remains unaffected until receipt of the revocation.

Right of complaint to the supervisory authority

Pursuant to Art. 77 DSGVO, the data subject is also entitled to appeal to a data protection supervisory authority if he or she is of the opinion that the processing of his or her personal data violates the DSGVO.
The supervisory authority responsible for the BASt is:

Federal Commissioner for Data Protection and Freedom of Information (BfDI)
Husaren Street 30
53117 Bonn, Germany
phone +49 (0)228 997799-0
fax +49 (0)228 997799-550
www.bfdi.de

Timeliness and amendment of this data protection information

This data protection information is currently valid and as of August 2019.

Due to the further development of our websites and offers or due to changed legal or official requirements, it may be necessary to change this data protection information. You can call up and print out the current data protection information on this page at any time.

This is a courtesy translation of the privacy policy of the Federal Highway Research Institute which is intended solely as a convenience to the non-German-reading public. If any questions arise related to the accuracy of the information contained in the translation, please refer to the official German version of the document. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes.