Privacy Policy for Sales Partners
BEN.OFFICE & Partner Store – Effective: November 2025
1. Controller
Berry.En AG
Rainer Ludäscher
Schlosswiesen 3
74847 Obrigheim
Germany
Email: customerservice@berryen.com
Website: www.berryen.com
Authorized representative: The Executive Board of Berry.En AG
2. Purpose and Scope
This Privacy Policy informs Sales Partners about the processing of personal data by Berry.En AG in connection with the use of the BEN.OFFICE Partner Portal, the Berry.En Partner Store, and all associated functions — including participation in the BEN.OS compensation plan, events, trainings, and incentives.
Data processing is carried out exclusively in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
3. Categories of Personal Data
Berry.En processes in particular the following categories of personal data:
- Master data (name, address, date of birth, email, phone number)
- Contract and billing data (bank details, tax ID, sales and commission data, invoices)
- Access and system data (login credentials, IP address, timestamps, user activities in BEN.OFFICE)
- Structure and network data (sponsor relationships, upline/downline assignments, rank, bonus status)
- Communication data (support requests, messages, emails)
- Event and incentive data (participation, qualifications, travel and accommodation details)
4. Purposes and Legal Bases of Processing
| Purpose of Processing | Legal Basis | Description |
|---|---|---|
| Registration and account management in BEN.OFFICE | Art. 6 (1)(b) GDPR | Initiation and performance of the Sales Partner agreement |
| Administration of the BEN.OS compensation plan | Art. 6 (1)(b)(c) GDPR | Calculation and payment of commissions and bonuses |
| Display of the sales structure (sponsor/upline/downline) | Art. 6 (1)(f) GDPR | Legitimate interest in transparent team organization |
| Use of the Partner Store (orders, subscriptions) | Art. 6 (1)(b) GDPR | Contract fulfillment, delivery, invoicing |
| Communication, service, and support | Art. 6 (1)(b)(f) GDPR | Customer support, information delivery, system notifications |
| Participation in trainings, events, or incentives | Art. 6 (1)(b)(f) GDPR | Planning, organization, and execution |
| Fulfillment of legal obligations | Art. 6 (1)(c) GDPR | Compliance with commercial, tax, and record-keeping requirements |
| Marketing information (optional) | Art. 6 (1)(a) GDPR | Sending system-related newsletters or updates with consent |
5. Data Sharing
5.1 Within the Structure (Sponsor/Upline/Downline)
To implement the BEN.OS system and support Sales Partners, the following data are displayed within the team structure in BEN.OFFICE:
- First name, last name
- Country
- Rank / Status
- Sales and activity status
Legal basis: Art. 6 (1)(f) GDPR (legitimate interest). Any further use by Sales Partners is prohibited.
5.2 External Service Providers
Personal data may be shared with carefully selected service providers, such as:
- IT hosting and system administration
- Payment processing and accounting
- Shipping and logistics
- Event and incentive agencies
All service providers are bound by data processing agreements under Art. 28 GDPR.
5.3 Authorities
Data may be transmitted to tax or regulatory authorities where legally required.
6. Data Transfers to Third Countries
Data transfers to third countries (e.g., USA) occur only when necessary for technical services (cloud, hosting, email systems). Data processing is based on:
- EU Standard Contractual Clauses
- The EU–US Data Privacy Framework (2023), where applicable
7. Data Retention Periods
- Contract and billing data: 10 years
- Communication data: 6 years
- System and log data: 12 months
- Training/event/incentive data: 24 months
- Deletion or anonymization after contract termination and expiry of legal retention periods
8. Obligation to Provide Data
Providing personal data is required to establish and manage the Sales Partnership and operate the compensation system. Without this data, registration is not possible.
9. Rights of Data Subjects
Sales Partners have the following rights:
- Access (Art. 15 GDPR)
- Rectification (Art. 16 GDPR)
- Erasure (Art. 17 GDPR)
- Restriction of processing (Art. 18 GDPR)
- Data portability (Art. 20 GDPR)
- Objection (Art. 21 GDPR)
Requests may be submitted to: customerservice@berryen.com
10. Right to Object under Art. 21 GDPR
IF WE PROCESS PERSONAL DATA BASED ON ART. 6 (1)(f) GDPR, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION.
This applies especially to:
- The display of your data within the team structure
- The sending of optional marketing emails
After a justified objection, your data will only continue to be processed if compelling legitimate grounds can be demonstrated or if processing is required for the establishment, exercise, or defense of legal claims.
In cases of direct marketing, you may object at any time without stating reasons.
11. Data Security
- All data transmissions are encrypted (TLS 1.3)
- Access restricted to authorized personnel
- Regular updates and security measures per Art. 32 GDPR
- Security incidents documented and reported under Art. 33 GDPR
12. Automated Decision-Making and Profiling
No automated decision-making or profiling under Art. 22 GDPR takes place. Rankings and bonuses depend solely on actual sales and team performance.
13. Changes to this Privacy Policy
Berry.En may update this Privacy Policy if legal or technical changes require it. Sales Partners will be informed of material changes at least 14 days before they take effect via BEN.OFFICE.
14. Supervisory Authority
Responsible authority:
The State Commissioner for Data Protection and Freedom of Information of Baden-Württemberg
Lautenschlagerstraße 20
70173 Stuttgart
Germany
Email: poststelle@lfdi.bwl.de