Privacy policy according to Art. 13 EU-DSGVO
As the operator of this website, we take the protection of your personal data very seriously and treat it confidentially and in accordance with the current statutory data protection regulations and this data protection declaration. In accordance with Article 13 of the EU General Data Protection Regulation (EU-DSGVO), we hereby inform you about the processing of your personal data (hereinafter referred to as “data”).
1. definition
The following data protection declaration is based on the terminology used by the European Directive and Regulation Maker when enacting the EU Data Protection Regulation. In order to ensure easy readability and comprehensibility, we would like to explain the terms used in advance.
We use the following terms, among others, in this data protection declaration:
(a) personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter “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 (user)
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
(c) processing
Processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
e) Profiling
Profiling shall mean any automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.
f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a way 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 which ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or data controller
The controller or person responsible for 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 designation may be provided for under Union or Member State law.
(h) Processor
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
(i) Recipient
Recipient means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients.
j) third party
Third party means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or the processor.
k) Consent
Consent is any freely given specific and informed indication of his or her wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to personal data relating to him or her being processed.
2. controller
Felix Ginthum, lawyer
Friedrichstr. 200
10117 Berlin
Phone: +49 30 20050720
Fax: +49 30 2005072-10
E-mail: dsb(at)ds.oekofrost.de
3. General information on data processing
a) Scope of data processing
As a matter of principle, we only process personal data of our users to the extent that this is necessary to provide a functional website as well as our content and services. The processing of personal data of our users is regularly only carried out with the consent of the user. An exception applies in those cases in which it is not possible to obtain prior consent for actual reasons and the processing of the data is permitted by legal regulations.
b) Legal basis for data processing
Insofar as we obtain the consent of the data subject for processing operations of personal data, Article 6 (1) lit. a of the General Data Protection Regulation (EU-DSGVO) serves as the legal basis.
When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) (b) EU GDPR serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures. Insofar as processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Art. 6 (1) c EU-DSGVO serves as the legal basis.
In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) (d) EU-DSGVO serves as the legal basis. If the processing is necessary to protect a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not override the first-mentioned interest, Art. 6 (1) lit. f EU-DSGVO serves as the legal basis for the processing.
c) Duration of processing
We will only process your data for as long as it is necessary for the performance of the contract, the maintenance of our relationship or in accordance with applicable legal provisions.
Different retention periods apply to the retention of business records. For data of relevance to tax law, a retention period of 10 years generally applies in accordance with the German Fiscal Code (Abgabenordnung), and 6 years for other data in accordance with the requirements of the German Commercial Code (Handelsgesetzbuch).
As long as you do not object, we will use your data within the framework of our trusting business relationship for our mutual benefit.
Should you wish your data to be deleted, we will do so without delay, insofar as the deletion does not conflict with legal retention obligations.
4. Provision of the website and creation of log files
a) Description and scope of data processing
Each time our website is accessed, our system automatically collects data and information from the system of the calling end device. The following data is collected:
- Browser type and version used
- Operating system of the user
- IP address of the user
- Date and time of access
- Websites from which the system accesses our website
This data is also stored in the log files of our system. This data is not stored together with other personal data of the user.
b) Legal basis for data processing
The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 lit. f EU-DSGVO.
The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
These purposes are also our legitimate interest in data processing according to Art. 6 (1) lit. f EU-DSGVO.
d) Duration of processing
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
In the case of storage of data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated so that an assignment of the calling client is no longer possible.
e) Possibility of objection and removal
The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility for the user to object.
5. contact form and e-mail contact
a) Description and scope of data processing
There is no contact form on our website
b) Legal basis for data processing
The legal basis for the processing of data is Art. 6 para. 1 lit. a EU-DSGVO if the user has given his consent.
The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f EU-DSGVO. If the e-mail contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) lit. b EU-DSGVO.
c) Purpose of the data processing
The processing of the personal data from the input mask serves us solely to process the contact. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in processing the data.
The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.
d) Duration of storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when the circumstances indicate that the matter in question has been conclusively clarified.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
e) Possibility of objection and removal
The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.
All personal data stored in the course of contacting us will be deleted in this case.
6. your rights as a data subject
According to the EU-DSGVO, you have the following rights:
(a) Right to information
You may request confirmation from the controller as to whether personal data concerning you is being processed by us.
If there is such processing, you may request information from the controller about the following:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data which are processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the envisaged duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
(5) the existence of a right to rectify or erase personal data concerning you, a right to have processing restricted by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) any available information on the origin of the data, if the personal data are not collected from the data subject;
(8) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) EU GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information on whether personal data concerning you are transferred to a third country or to an international organisation. In this context, you may request to be informed about the appropriate safeguards pursuant to Article 46 EU GDPR in connection with the transfer.
b) Right to rectification of your data
You have a right to rectification and/or completion vis-à-vis the controller if the personal data processed concerning you are inaccurate or incomplete. The controller must make the rectification without undue delay.
c) Right to restrict the processing of your data
You may request the restriction of the processing of personal data concerning you under the following conditions:
(1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of the processing but you need it for the establishment, exercise or defence of legal claims; or
(4) if you have objected to the processing pursuant to Article 21(1) EU GDPR and it has not yet been determined whether the legitimate grounds of the controller override your grounds.
Where the processing of personal data relating to you has been restricted, such data may – apart from being stored – only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
d) Right to erasure of your data
aa) Obligation to erase
You may request the controller to erase the personal data concerning you without undue delay and the controller is obliged to erase such data without undue delay if one of the following reasons applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You withdraw your consent on which the processing was based pursuant to Art. 6(1)(a) or Art. 9(2)(a) EU-DSGVO and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Article 21(1) EU GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) EU GDPR.
(4) The personal data concerning you have been processed unlawfully.
(5) The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
(6) The personal data concerning you has been collected in relation to information society services offered in accordance with Article 8(1) EU GDPR.
bb) Information to third parties
If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) EU GDPR, it shall take reasonable steps, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers that process the personal data that you, as the data subject, have requested them to erase all links to, or copies or replications of, that personal data.
cc) Exceptions
The right to erasure does not exist insofar as the processing is necessary for
(1) for the exercise of the right to freedom of expression and information;
(2) for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the area of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) EU GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89(1) EU GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
(5) for the assertion, exercise or defence of legal claims.
e) Right to information
If you have exercised the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed of these recipients by the controller.
f) Right to data portability
You have the right to receive the personal data concerning you that you have provided to the controller in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data has been provided, provided that.
(1) the processing is based on consent pursuant to Art. 6 (1) lit. a EU-DSGVO or Art. 9 (2) lit. a EU-DSGVO or on a contract pursuant to Art. 6 (1) lit. b EU-DSGVO and
(2) the processing is carried out with the aid of automated procedures.
In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. This must not affect the freedoms and rights of other persons.
The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
g) Right to object
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) EU GDPR; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.
If the personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purposes of such marketing; this also applies to profiling insofar as it is related to such direct marketing.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.
h) 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 lawfulness of the processing carried out on the basis of the consent until the revocation.
i) Right to complain to the data protection 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 residence, place of work or the place of the alleged infringement, if you consider that the processing of personal data relating to you infringes the EU GDPR. The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 EU GDPR
The competence of the supervisory authority depends on your place of residence. You can find a list of supervisory authorities here:
https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html
This privacy policy was created by ASG Rechtsanwälte.