Data protection
Responsible
Roland Schappert
Engelbertstr. 12
D-50674 Cologne
Telephone number:
+49 173 2866227
E-mail address:
mail@roland-schappert.com
Status: 02.03.2022
contents
- Basic information on data processing and legal bases
- Types of data processed/categories of data subjects
- Safety measures
- Disclosure of data to third parties and third-party providers
- Provision of contractual services
- contact
- web hosting
- Cookies & range measurement
- Google Analytics
- Facebook Social Plugins
- Reach analysis with Matomo
- Newsletter
- Integration of videos
- Integration of third-party services and content
- rights of the data subject
- deletion of data
- Right to object
- Changes to the Privacy Policy
1. Basic information on data processing and legal bases
1.1. This data protection declaration explains the type, scope and purpose of the processing of personal data within our online offer and the websites, functions and content associated with it (hereinafter jointly referred to as “online offer” or “website”). The data protection declaration applies regardless of the domains, systems, platforms and devices used (e.g. desktop or mobile) on which the online offer is run.
1.2. The terms used, such as “Personal data” or their “processing” refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
2. Types of data processed / categories of data subjects
2.1. The personal data of users processed in the context of this online offer includes:
- Inventory data (e.g. names and addresses of customers),
- contact details (e.g. e-mail, telephone numbers),
- communication data,
- Contract data (e.g. services used, names of clerks, payment information),
- Usage data (e.g. the websites of our online offer visited, interest in our products)
- Meta/communication data (e.g. device information, IP addresses) and
- Content data (e.g. entries in the contact form).
2.2. The term “user” includes all categories of persons affected by data processing. They include our business partners, customers, interested parties and other visitors to our online offering. The terms used are to be understood as gender-neutral.
2.3. We only process the personal data of users in compliance with the relevant data protection regulations. This means that user data will only be processed if there is legal permission, in particular if data processing is required to provide our contractual services (e.g. processing orders) and online services, or is required by law, the user has given their consent, as well as due to our legitimate interests (ie interest in the analysis, optimization and economic operation and security of our online offer within the meaning of Art. 6 Para. 1 lit. f. GDPR, in particular when measuring range, creating profiles for advertising and marketing purposes and collecting access data and using third-party services.
2.4. We would like to point out that the legal basis for the consent is Art. 6 para. 1 lit. a. and Art. 7 GDPR, the legal basis for processing to fulfill our services and carry out contractual measures Art. 6 para. 1 lit. b. GDPR, the legal basis for processing to fulfill our legal obligations Art. 6 para. 1 lit. c. DSGVO, and the legal basis for processing to protect our legitimate interests Art. 6 para. 1 lit. f. GDPR is.
2.5. The following persons are affected by data processing:
- contractual and business partners,
- users of our online offer,
- Interested parties who are interested in our online offer or who contact us for other reasons
- Customers.
3. Security Measures
Within the meaning of Article 32 GDPR, we take appropriate organizational, contractual and technical security measures according to the state of the art, taking into account the implementation costs and the type, scope, circumstances and purposes of data processing as well as the different probability of occurrence and severity of the risk for the rights and freedoms to ensure an adequate level of protection of your data. We hereby ensure compliance with the provisions of data protection laws and protect this data against accidental or intentional manipulation, loss, destruction or access by unauthorized persons.
3.1. The security measures include, in particular, the encrypted transmission of data between your browser and our server. You can recognize such encrypted connections by the fact that the URL in the address bar of your browser begins with “https://”. This is a communication protocol with which data can be transmitted securely as part of transport encryption.
4. Disclosure of Data to Third Parties and Third-Party Providers
4.1. Data will only be passed on to third parties within the framework of legal requirements. We only pass on user data to third parties if this is necessary, for example on the basis of Art. 6 para. 1 lit. b GDPR is required for contractual purposes or on the basis of legitimate interests acc. Art. 6 para. 1 lit. f. GDPR in the economic and effective operation of our business operations.
4.2. We only use subcontractors to provide our services if we have taken appropriate legal precautions and appropriate technical and organizational measures to ensure the protection of the personal data processed in accordance with the relevant statutory provisions.
4.3. If the content, tools or other means described in this data protection declaration are used by other providers (hereinafter collectively referred to as “third-party providers”), we comply with the legal requirements and, in particular, conclude appropriate contracts or agreements that serve to protect your data with the recipients of your data.
4.4. If we use a third-party provider whose registered office is in a third country (outside the European Union (EU) or the European Economic Area), it can be assumed that data will be transferred to the third-party provider’s country of domicile. Data is only transferred to third countries if there is an appropriate level of data protection, user consent or other legal permission.
5. Provision of contractual services
5.1. We process inventory data (e.g. names and addresses as well as contact details of users), contract data (e.g. services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services in accordance with. Art. 6 para. 1 letter b. GDPR. We inform the contracting parties which data is required for the aforementioned purposes before or during data collection, e.g. in online forms, by means of special markings (e.g. colours) or symbols (e.g. asterisks or similar), or personally. Within the framework of applicable law, we only pass on this data to third parties to the extent that this is necessary for the aforementioned purposes or to fulfill legal obligations or with your consent (e.g. to telecommunications, transport and other auxiliary services involved as well as subcontractors, banks, tax and legal advisors, payment service providers or tax authorities).
5.2. We delete the data after statutory warranty and comparable obligations have expired, i.e. generally after 4 years, unless the data is stored in a customer account, e.g. for as long as it has to be kept for legal archiving reasons (e.g. for tax purposes usually 10 years). We delete data disclosed to us by the contractual partner as part of a contractual relationship in accordance with the specifications of the contract, generally after the contractual services have been performed.
6. Contact
6.1. When contacting us (via contact form or e-mail), the information provided by the user to process the contact request and its processing acc. Art. 6 para. 1 lit. b GDPR processed. We only process the data that we need to process your request.
6.2. User information can be stored in our customer relationship management system (“CRM system”) or comparable inquiry organization.
7. Web Hosting
7.1. In order to be able to provide our online offer securely and efficiently, we use the services of one or more web hosting providers from whose servers (or servers managed by them) the online offer can be accessed. For these purposes, we may use infrastructure and platform services, computing capacity, storage space and database services, as well as security services and technical maintenance services.
7.2. On the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR Data about every access to the server on which this service is located (so-called server log files). The access data includes the name of the accessed website, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider .
7.3. Log file information is stored for a maximum of seven days for security reasons (e.g. to investigate misuse or fraud) and then deleted. Data whose further storage is required for evidence purposes are excluded from deletion until the respective incident has been finally clarified.
7.4. The web hosting services also include sending, receiving and storing e-mails. For these purposes, the addresses of the recipients and senders, but also other information about the e-mail dispatch (e.g. the providers involved), including the content of the respective e-mails, are processed. Even if our e-mail communication uses transport encryption, it is not encrypted on the servers from which it is sent and received. The content of e-mail communication is therefore fundamentally susceptible to manipulation.
8. Cookies & Range Measurement
8.1. When you visit our website, information may be stored on your computer in the form of a cookie. Cookies are pieces of information that are transmitted from our web server or web servers of third parties to the web browser of the user and stored there for later retrieval. Most browsers are set to automatically accept cookies. We would like to point out that the use of our online offer without cookies is only possible to a limited extent. In particular, it is generally not possible to use your customer account, since the use of cookies is technically necessary. However, you can also use your browser to prevent only certain cookies from being set (e.g. cookies from third parties), for example if you want to prevent web tracking. You can find more information on this in the help function of your browser. Further information on third-party cookies that are set or processed when you visit our website can be found in the following data protection declaration, insofar as we use this. The term “cookies” also includes other technologies that fulfill the same functions as cookies (e.g. when user information is stored using pseudonymous online identifiers, also referred to as “user ID”).
- A distinction must be made between cookies that are set by the operator of the website when you visit a website (also “first-party cookies”) and cookies that are set by third parties (also “third-party cookies”). We only have technical control over the first-mentioned cookies. We further differentiate between the following cookies.
- Temporary cookies (also: session or session cookies): Temporary cookies are deleted at the latest after a user has left an online offer and closed his browser.
- Permanent cookies: Permanent cookies remain stored even after the browser is closed. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. Likewise, the interests of users, which are used to measure reach or for marketing purposes, can be stored in such a cookie.
- Necessary (also: essential or absolutely necessary) cookies: Cookies can be absolutely necessary for the operation of a website (e.g. to save logins or other user entries or for security reasons).
- Statistics, marketing and personalization cookies: Cookies are also usually used to measure range and when the interests of a user or his behavior (e.g. viewing certain content, using functions, etc.) on individual websites in a user profile get saved. Such profiles are used, for example to show users content that matches their potential interests. This procedure is also referred to as “tracking”, ie tracking the potential interests of users. We will inform you separately about the use of “tracking” technologies in our data protection declaration or when obtaining consent.
8.2. We use “session cookies”, which are only stored for the duration of the current visit to our online presence (e.g. to be able to save your login status or the shopping cart function and thus enable the use of our online offer at all). A randomly generated unique identification number, a so-called session ID, is stored in a session cookie. A cookie also contains information about its origin and the storage period. These cookies cannot store any other data. Session cookies are deleted when you have finished using our online offer and, for example, log out or close the browser.
8.3. If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in their browser’s system settings. Saved cookies can be deleted in the system settings of the browser.
8.4. The legal basis on which we process your personal data using cookies depends on whether we ask for your consent. If this is the case and you consent to the use of cookies, the legal basis for the processing of your data is the declared consent. Otherwise, the data processed with the help of cookies will be processed on the basis of our legitimate interests (e.g. in the commercial operation of our online offer and its improvement) or if the use of cookies is necessary to fulfill our contractual obligations.
Depending on whether the processing is based on consent or legal permission, you have the option at any time to revoke your consent or to object to the processing of your data by cookie technologies (“opt-out”). You can initially declare your opt-out using your browser settings by objecting to the setting of cookies in the system settings of your browser. An objection to the use of cookies for online marketing purposes can also be declared using a variety of services, especially in the case of tracking, via the websites https://optout.aboutads.info and https://www.youronlinechoices.com/ will. In addition, you can receive further objection notices as part of the information on the service providers and cookies used.
Before we process or have data processed within the framework of the use of cookies, we ask the user to give their consent, which can be revoked at any time. Before consent has not been given, cookies that are necessary for the operation of our online offer will be used. Their use is based on our interest and the interest of the user in the expected functionality of our online offer. This includes usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses). Users of our online offer are affected by this processing. The processing takes place on the legal basis of consent (Art. 6 Para. 1 S. 1 lit. a DSGVO) or legitimate interests iSd. Art. 6 para. 1 p. 1 lit. f. GDPR.
9.Google Analytics
9.1. Based on your consent, we use Google Analytics, a web analytics service provided by Google Ireland Limited Gordon House, Barrow Street Dublin 4 Ireland (“Google”) for the analysis, optimization and economic operation of our online offering. Google uses permanent third-party cookies. The resulting information will only be processed in our interest.
9.2. The information generated by the cookie about the use of the online offer by the user is usually transmitted to a Google server in the USA and stored there.
9.3. We have agreed so-called standard contractual clauses with Google in order to be able to guarantee an appropriate level of data protection. Google hereby offers a guarantee to comply with European data protection law.
9.4. Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with other services related to the use of this online offer and internet usage. Pseudonymous user profiles can be created from the processed data.
9.5. We only use Google Analytics with activated IP anonymization. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the USA and shortened there.
9.6. The IP address transmitted by the user’s browser is not merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; In addition, users can prevent the data generated by the cookie and related to their use of the online offer being collected by Google and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
9.7. You can find more information on data use by Google, setting and objection options on the Google website: https://www.google.com/intl/de/policies/privacy/partners (“Data use by Google when using websites or apps our partners”), http://www.google.com/policies/technologies/ads (“Use of data for advertising purposes”), http://www.google.de/settings/ads (“Manage information that Google uses, to show you advertising”).
10. Facebook Social Plugins
10.1. On the basis of your consent, we use social plugins (“plugins”) from the social network facebook.com, which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, in the interest of optimizing and operating our online offer economically operated (“Facebook”). The plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and are recognizable by one of the Facebook logos or are marked with the addition “Facebook Social Plugin”.
10.2. If a user calls up a function of this online offer that contains such a plugin, a direct connection to the Facebook servers is only established when the user interacts with the plugin. The content of the plugin is transmitted directly from Facebook to the user’s device, which integrates it into the online offer. User profiles can be created from the processed data. We therefore have no influence on the amount of data that Facebook collects with the help of this plugin and therefore inform users according to our level of knowledge.
10.3. By integrating the plugin, Facebook receives the information that a user has accessed the corresponding page of the online offer. If the user is logged into Facebook, Facebook can assign the visit to his Facebook account. If users interact with the plugins, for example by pressing the Like button or making a comment, the corresponding information is transmitted directly from your device to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will find out and save their IP address. According to Facebook, only an anonymous IP address is stored in Germany.
10.4. The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as the relevant rights and setting options for protecting the privacy of the users can be found in Facebook’s data protection information: https://www.facebook.com/about/privacy/ .
10.5. If a user is a Facebook member and does not want Facebook to collect data about him via this online offer and link it to his member data stored on Facebook, he must log out of Facebook before using our online offer and delete his cookies. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US site http://www.aboutads.info /choices/ or the EU site http://www.youronlinechoices.com/ . The settings are platform-independent, ie they are adopted for all devices, such as desktop computers or mobile devices.
11. Reach analysis with Matomo
11.1. On the basis of your consent, we use Matomo, an open source software for the statistical evaluation of user access, for the analysis, optimization and economic operation of our online offer. The IP address of the users is shortened before it is stored. However, Matomo uses first party cookies, which are stored on the user’s computer and which enable an analysis of the use of this online offer by the user. Pseudonymous user profiles can be created from the processed data.
11.2. The information generated by the cookie about your use of this online offer is stored on our server and not passed on to third parties.
12. Newsletters
12.1. With the following information we will inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures as well as your rights of objection. By subscribing to our newsletter, you agree to receive it and the procedures described.
12.2. We send newsletters, e-mails and other electronic notifications with advertising information (hereinafter “newsletter”) only with the consent of the recipient or legal permission. If the contents of the newsletter are specifically described when registering for the newsletter, they are decisive for the consent of the user. Our newsletter also contains information about our products, offers, promotions and our company.
12.3. Registration for our newsletter takes place in a so-called double opt-in procedure. This means that after registration you will receive an e-mail in which you will be asked to confirm your registration. This confirmation is necessary so that nobody can register with someone else’s e-mail address. The registrations for the newsletter are logged in order to be able to prove the registration process in accordance with the legal requirements. This includes storing the time of registration and confirmation as well as the IP address. Changes to your data stored by the shipping service provider are also logged.
12.4. The newsletter is sent by CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede, hereinafter referred to as “shipping service provider”. You can view the data protection regulations of the shipping service provider here: https://www.cleverreach.com/de/datenschutz/.
12.5. The newsletter is sent using “MailChimp”, a newsletter mailing platform from the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. You can view the data protection regulations of the shipping service provider here: https://mailchimp.com/legal/privacy/ . So-called standard contractual clauses have been agreed to ensure an appropriate level of data protection.
12.6. Furthermore, according to its own information, the shipping service provider can use this data in pseudonymous form, i.e. without assignment to a user, to optimize or improve its own services, e.g. for the technical optimization of the dispatch and the presentation of the newsletter or for statistical purposes in order to determine from which countries the recipients come. However, the shipping service provider does not use the data of our newsletter recipients to write to them themselves or to pass them on to third parties.
12.7. Registration data: In order to register for the newsletter, it is sufficient if you enter your e-mail address. Optionally, we ask you to enter a name so that we can address you personally in the newsletter.
12.8. The newsletters contain a so-called “web beacon”, ie a pixel-sized file that is retrieved from the server of the shipping service provider when the newsletter is opened. As part of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and time of retrieval, are initially collected. This information is used to technically improve the services based on the technical data or the target groups and their reading behavior based on their retrieval locations (which can be determined using the IP address) or the access times. The statistical surveys also include determining whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. However, it is neither our aim nor that of the shipping service provider to monitor individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.
12.9. The use of the shipping service provider, the implementation of statistical surveys and analyzes as well as logging of the registration process are based on our legitimate interests in accordance with Art. Art. 6 para. 1 lit. f GDPR. Our interest is focused on the use of a user-friendly and secure newsletter system that serves both our business interests and meets user expectations.
12.10. You can cancel the receipt of our newsletter at any time, ie revoke your consent. At the same time, your consent to its dispatch by the dispatch service provider and the statistical analyzes expire. A separate revocation of the dispatch by the dispatch service provider or the statistical evaluation is unfortunately not possible. You will find a link to cancel the newsletter at the end of each newsletter. If the users have only registered for the newsletter and canceled this registration, their personal data will be deleted.
13. Embedding Videos
13.1. We use videos to present the submitted contributions. Since local hosting of videos is not powerful enough, we use external video providers. We use the services of Vimeo, Inc., West 18th Street, New York 10011, USA (“Vimeo”).
13.2. The integration of the videos calls up the server of the provider. For the associated use of data, we refer to the respective data protection notices of the provider. Vimeo’s data protection information can be accessed via the following link: https://vimeo.com/privacy.
13.3. The legal basis for the integration of the videos and the associated transmission of personal data for registered users of our offer is Art. 6 para. 1 lit. b GDPR. The integration is required because there is currently no comparable video solution available to provide protected videos.
13.4. For non-registered users, the legal basis for the transmission of personal data is Art. 6 para. 1 lit f. GDPR.
13.5. In order to ensure an appropriate level of data protection when transferring data to the USA, we have concluded the so-called standard contractual clauses with the Vimeo provider. As a further protective measure, we always include videos in the “Do Not Track” variant, so that the scope of the transmitted personal data is reduced to a minimum.
13.6. Alternatively, we can also use the service provider YouTube. Videos from the “YouTube” platform from the third-party provider Google. The video is integrated into our website, but continues to be hosted on the YouTube platform. When the video is played, a connection to YouTube is established. The data protection declaration can be accessed here: https://www.google.com/policies/privacy/ and an opt-out can be found here: https://www.google.com/settings/ads/ . With Google we have
14. Integration of Third-Party Services and Content
14.1. Within our online offer, we rely on our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. DSGVO) or on the basis of your consent (Art. 6 Para. 1 lit . a GDPR) offers content or services from third-party providers in order to improve their content and services, such as Integrate videos or fonts (hereinafter uniformly referred to as “content”). This is done to provide our online offer and to create user-friendliness of our online offer. This always presupposes that the third-party providers of this content perceive the IP address of the user, since without the IP address they could not send the content to their browser. The IP address is therefore required for the display of this content. We endeavor to only use content whose respective providers only use the IP address to deliver the content. Third-party providers can also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information can also be stored in third-party cookies on the user’s device and contain, among other things, technical information about the browser and operating system, referring websites, visiting times and other information on the use of our online offer, and can also be linked to such information from other sources .
14.2. The following presentation offers an overview of third-party providers and their content, along with links to their data protection declarations, which contain further information on the processing of data and, in some cases already mentioned here, possibilities to object (so-called opt-out):
- If our customers use third-party payment services (e.g. PayPal or Sofortüberweisung), the terms and conditions and data protection notices of the respective third-party providers apply, which can be accessed within the respective websites or transaction applications.
- External fonts from Google Ireland., https://www.google.com/fonts (“Google Fonts”). The Google Fonts are integrated by calling up a server at Google (usually in the USA). Privacy Policy: https://www.google.com/policies/privacy/ . An opt-out: can be found here https://www.google.com/settings/ads/ .
- Maps from the “Google Maps” service from the third-party provider Google. The privacy policy is available here: https://www.google.com/policies/privacy/ , you can find an opt-out option here: https://www.google.com/settings/ads/
- Our online offering uses functions of the LinkedIn network. The provider is LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland. Each time one of our pages that contains LinkedIn functions is accessed, a connection to LinkedIn servers is established. LinkedIn is informed that you have visited our website with your IP address. If you click on LinkedIn’s “Recommend button” and are logged into your LinkedIn account, LinkedIn is able to assign your visit to our website to you and your user account. We would like to point out that as the provider of the pages, we have no knowledge of the content of the data transmitted or how it is used by LinkedIn. The privacy policy is available here: https://www.linkedin.com/legal/privacy-policy and an opt-out is available here: https://www.linkedin.com/psettings/guest-controls/retargeting-opt- out .
- Functions of the Twitter service can be integrated within our online offer. These functions are offered by Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07, Ireland. By using Twitter and the “Re-Tweet” function, the websites you visit are linked to your Twitter account and made known to other users. This data is also transmitted to Twitter. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the data transmitted or how it is used by Twitter. Twitter privacy policy at http://twitter.com/privacy. You can change your privacy settings on Twitter in the account settings at http://twitter.com/account/settins .
- We use functions of the XING network. The provider is XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany. Each time one of our pages containing Xing functions is called up, a connection to the Xing servers is established. To our knowledge, no personal data is stored. In particular, no IP addresses are stored or usage behavior is evaluated. Data protection declaration: https://www.xing.com/app/share?op=data_protection.
15. Rights of the data subject
If personal data is processed by you, you are the data subject within the meaning of the GDPR and you have the following rights vis-à-vis the person responsible:
15.1. right of providing information
You can request confirmation from the person responsible as to whether personal data relating to you is being processed by us.
If such processing is present, you can request information from the person responsible for the following information:
- the purposes for which the personal data are processed;
- the categories of personal data being processed;
- the recipients or categories of recipients to whom your personal data has been or will be disclosed;
- the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage duration;
- the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the person responsible or a right to object to this processing;
- the existence of a right of appeal to a supervisory authority;
- all available information about the origin of the data if the personal data are not collected from the data subject;
- the existence of automated decision-making including profiling in accordance with Art. 22 para. 1 and 4 GDPR and – at least in these cases – meaningful information about the logic involved as well as the scope and intended effects of such processing for the data subject.
You have the right to request information as to whether your personal data is being transmitted to a third country or to an international organization. In this context, you can request information about the appropriate guarantees in accordance with Art. 46 GDPR to be informed in connection with the transfer.
15.2. Right to Rectification
You have a right to correction and/or completion to the person responsible if the processed personal data concerning you is incorrect or incomplete. The person responsible must make the correction immediately.
15.3. Right to restriction of processing
Under the following conditions, you can request the restriction of the processing of your personal data:
- if you contest the accuracy of the personal data concerning you for a period that enables the person responsible to check 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 object to the processing pursuant to Art. 21 para. 1 GDPR and it is not yet certain whether the legitimate reasons of the person responsible outweigh your reasons.
If the processing of the personal data concerning you has been restricted, this data – apart from its storage – may only be used with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State are processed.
If the restriction of processing has been restricted according to the above conditions, you will be informed by the person responsible before the restriction is lifted.
15.4. Right to Erasure
a) Obligation to delete
You can request the person responsible to delete the personal data concerning you immediately, and the person responsible is obliged to delete this data immediately if one of the following reasons applies:
- The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
- You revoke your consent, on which the processing pursuant to Art. Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR and there is no other legal basis for processing.
- You lay acc. Art. 21 para. 1 DSGVO objection to the processing and there are no overriding legitimate reasons for the processing, or you submit acc. Art. 21 para. 2 DSGVO objection to the processing.
- The personal data concerning you have been processed unlawfully.
- The deletion of the personal data concerning you is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the person responsible is subject.
- The personal data concerning you was collected in relation to information society services offered pursuant to Art. 8 para. 1 GDPR.
b) Information to third parties
Has the person responsible made the personal data concerning you public and is he/she acc. Art. 17 para. 1 GDPR, he shall take appropriate measures, also of a technical nature, taking into account the available technology and the implementation costs, to inform those responsible for data processing who process the personal data that you, as the person concerned, want them to delete it all links to such personal data or copies or replications of such personal data.
c) Exceptions
The right to erasure does not exist if processing is necessary
- to exercise the right to freedom of expression and information;
- to fulfill a legal obligation that requires processing under Union or Member State law to which the controller is subject, or to perform a task that is in the public interest or in the exercise of official authority vested in the controller;
- for reasons of public interest in the field of public health in accordance with Art. 9 para. 2 lit. h and i as well as Art. 9 para. 3 GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes acc. Art. 89 para. 1 GDPR, insofar as the right mentioned under section a) is likely to make it impossible or seriously impair the achievement of the objectives of this processing, or
- to assert, exercise or defend legal claims.
15.5. right to information
If you have asserted the right to correction, deletion or restriction of processing against the person responsible, he is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction of processing, unless this proves to be impossible or involves a disproportionate effort. You have the right to be informed about these recipients by the person responsible.
15.6. Right to data portability
You have the right to receive the personal data concerning you that you have provided to the person responsible in a structured, common and machine-readable format. In addition, you have the right to transmit this data to another person responsible without hindrance by the person responsible for providing the personal data, provided that
- the processing is based on consent acc. Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract acc. Art. 6 para. 1 lit. b GDPR is based and
- the processing is carried out using automated procedures.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one person responsible to another person responsible, insofar as this is technically feasible. The freedoms and rights of other people must not be impaired by this.
The right to data portability does not apply to processing of personal data that is required to perform a task that is in the public interest or in the exercise of official authority that has been assigned to the controller.
15.7. Right to object
You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data, which is based on Art. 6 para. 1 lit. e or f GDPR to file an objection; this also applies to profiling based on these provisions.
The person responsible no longer processes the personal data relating to you unless he can demonstrate compelling legitimate grounds for the processing which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you is processed in order to operate direct advertising, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct advertising.
If you object to the processing for direct marketing purposes, the personal data relating to you will no longer be processed for these purposes.
In connection with the use of information society services, you have the option – notwithstanding Directive 2002/58/EC – to exercise your right to object by means of automated procedures that use technical specifications.
15.8. Right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation.
15.9. Automated individual decision-making including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
- is necessary for the conclusion or performance of a contract between you and the person responsible,
- is permitted on the basis of legal provisions of the Union or the Member States to which the person responsible is subject and these legal provisions contain appropriate measures to protect your rights and freedoms as well as your legitimate interests or
- takes place with your express consent.
However, these decisions must not be based on special categories of personal data according to Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.
With regard to the cases referred to in (1) and (3), the person responsible shall take appropriate measures to safeguard your rights and freedoms and your legitimate interests, including at least the right to obtain human intervention on the part of the person responsible, to express his or her point of view and to challenge the decision.
15.10. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your place of residence, your place of work or the place of the alleged infringement, if you believe that the processing of your personal data violates violates the GDPR.
The supervisory authority to which the complaint was lodged will inform the complainant about the status and the results of the complaint, including the possibility of a judicial remedy under Art. 78 GDPR.
16. Deletion of Data
16.1. The data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage requirements. A deletion also takes place in particular if other permissions are no longer applicable. If user data is not deleted because it is required for other, legally permissible purposes, its processing will be restricted, ie the data will be blocked and not processed for other purposes. This applies, for example for user data that must be retained for commercial or tax reasons.
16.2. According to legal requirements, storage takes place for 6 years in accordance with § 257 Para. 1 HGB (books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with § 147 para. 1 AO (books, records, management reports, accounting documents, commercial and business letters, documents relevant to taxation, etc.).
17. Right to Object
Users can object to the future processing of their personal data at any time in accordance with legal requirements. The objection can be made in particular against processing for direct marketing purposes.
18. Changes to the Privacy Policy
18.1. We reserve the right to change the data protection declaration in order to adapt it to changed legal situations or to changes in the service and data processing. However, this only applies with regard to declarations on data processing. If user consent is required or parts of the data protection declaration contain provisions of the contractual relationship with the user, the changes will only be made with the consent of the user.
18.2. Users are asked to inform themselves regularly about the content of the data protection declaration.