Data protection
I. Name and address of the person responsible
The responsible person in terms of the Data Protection Basic Regulation and other national data protection laws of the member states as well as other data protection regulations is:
Rechtsanwalt
Sebastian Rademske
Lindemannstraße 13
40237 Düsseldorf
t +49 (0)211 69 85 411
f +49 (0)211 66 30 61
e hello@sr-ra.de
II. Provision of the website and creation of log files
Each time the website is called up, the system automatically collects data and information from the computer system of the calling computer. The following data is collected:
- Information about the browser type and the version used
- The user’s operating system
- The Internet service provider of the user
- The IP address of the user
- Date and time of access
- Websites from which the user’s system accesses the website
- Websites that are accessed by the user’s system via the website
The data is also stored in the log files of the system. These data are not stored together with other personal data of the user.
a) Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f DSGVO.
b) Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session. The storage in log files is done to ensure the functionality of the website. The data is also used to optimise the website and to ensure the security of the information technology systems. An evaluation of the data for marketing purposes does not take place in this context. These purposes also include the legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f DSGVO.
c) Duration of storage:
The data will be deleted as soon as they are no longer required for 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 is ended. In the case of storage of data in log files, this is 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.
d) 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 mandatory for the operation of the website. There is therefore no possibility of objection on the part of the user.
III. Contact form and e-mail contact
On the website there is a contact form which can be used for electronic contact. If a user takes advantage of this possibility, the data entered in the input mask will be transmitted and stored. These data are:
- Name
- E-mail address
- Reason for contacting us
- Date and time of the request
Alternatively, it is possible to contact us via the provided e-mail address. In this case the personal data of the user transmitted with the e-mail will be stored. In this context, the data will not be passed on to third parties. The data will be used exclusively for processing the conversation.
a) Legal basis for data processing
The legal basis for the processing of the data is Art. 6 para. 1 lit. a 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 DSGVO. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for processing is Art. 6 para. 1 lit. b DSGVO.
b) Purpose of data processing
The processing of the personal data from the input mask serves us only for the processing of the establishment of contact. In the case of contacting us by e-mail, this is also the necessary legitimate interest in the processing of 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.
c) Duration of storage
The data will be deleted as soon as they are no longer necessary for the purpose of their collection. 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 terminated when it can be concluded from the circumstances that the matter in question has been finally clarified. The personal data additionally collected during the sending process will be deleted after a period of seven days at the latest.
d) 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. The contact data for the assertion of the aforementioned rights can be found in the imprint or above under I. All personal data stored in the course of the contact will be deleted in this case.
IV. Rights of the data subject
If personal data is processed by you, you are a data subject within the meaning of the DSGVO and you are entitled to the following rights in relation to the person responsible:
Right to information in accordance with Art 15 DSGVO
You may request confirmation from the controller as to whether personal data concerning you are being processed. If such processing is carried out, you may ask the controller for the following information:
(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 planned duration of storage of the personal data relating to you or, if it is not possible to give specific details, criteria for determining the duration of storage;
(5) the existence of a right of rectification or erasure of personal data concerning you, a right to have the processing limited 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 as to the source of the data, where the personal data are not collected from the data subject;
(8) the existence of automated decision-making, including profiling, in accordance with Art. 22 (1) and (4) DPA and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing on the data subject.
You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 DPA in connection with the transfer.
Right of rectification under Art. 16 DSGVO
You have the right to obtain from the data controller the rectification and/or integration of any personal data processed concerning you if it is incorrect or incomplete. The data controller shall make the correction without delay.
Right to limit processing in accordance with Art. 18 DSGVO
Under the following conditions, you may request that the processing of personal data concerning you be restricted:
(1) if you dispute the accuracy of the personal data concerning you for a period which enables the controller to verify the accuracy of the personal data
(2) the processing is unlawful and you object to the deletion of the personal data and instead request 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 them in order to assert, exercise or defend legal claims; or
(4) if you have lodged an objection to the processing pursuant to Art. 21 (1) DPA and it is not yet clear whether the legitimate reasons of the controller outweigh your reasons.
If the processing of personal data relating to you has been restricted, such data – apart from being stored – may be processed only with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State. If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
Right of deletion according to Art. 17 DSGVO
You may request the controller to delete personal data concerning you without delay and the controller is obliged to delete such data without 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 revoke your consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a DPA and there is no other legal basis for the processing.
(3) You submit an objection to the processing pursuant to Art. 21 Para. 1 DSGVO and there are no overriding legitimate reasons for the processing, or you submit an objection to the processing pursuant to Art. 21 Para. 2 DSGVO.
(4) The personal data concerning you have been processed unlawfully.
5. The deletion of personal data concerning you is necessary to comply with a legal obligation under Union or national law to which the controller is subject.
(6) The personal data concerning you have been collected in relation to information society services offered in accordance with Article 8(1) of the DPA.
Information to third parties
If the controller has made public the personal data concerning you and is obliged to delete them in accordance with Art. 17 para. 1 DPA, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to these personal data or copies or replications of these personal data.
Exceptions
The right of cancellation does not exist insofar as the processing is necessary
(1 ) on the exercise of the right to freedom of expression and information;
(2) to comply with a legal obligation requiring processing under Union or national law to which the controller is subject or to perform 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 field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 DSGVO;
(4) for archival, scientific or historical research purposes in the public interest or for statistical purposes pursuant to Art. 89 para. 1 DSGVO, insofar as the right referred to in section a) is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or
(5) to assert, exercise or defend legal claims.
Right to information in accordance with Art. 19 DSGVO
If you have exercised the right to rectify, erase or limit the processing, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed of these recipients by the controller.
Right to data transferability according to Art. 20 DSGVO
You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, common and machine-readable format. You also have the right to have this data communicated to another controller without interference from the controller to whom the personal data has been made available, provided that
(1) the processing is based on a consent pursuant to Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 lit. b DSGVO and
(2) the processing is carried out by means of automated procedures.
In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, in so far as this is technically feasible. The freedoms and rights of other persons must not be affected by this. The right to data transferability shall not apply to processing of personal data which is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Right of objection according to Art. 21 DSGVO
You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6 paragraph 1 letter e or f of the DPA; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning you unless he can demonstrate compelling legitimate reasons for processing which outweigh your interests, rights and freedoms, or if the processing is carried out for the purpose of asserting, exercising or defending legal claims. Where personal data relating to you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data relating to you for the purpose of such marketing, including profiling, insofar as it relates to such direct marketing. If you object to processing for the purposes of direct marketing, the personal data concerning you will no longer be processed for those purposes.
You have the possibility to exercise your right of objection in relation to the use of information society services, without prejudice to Directive 2002/58/EC, by means of automated procedures using technical specifications.
Automated decision in individual cases including profiling in accordance with Art. 22 DSGVO
You have the right not to be subject to a decision based solely on automated processing, including profiling, which has legal effect on you or which significantly affects you in a similar way. This shall not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the person responsible
(2) is authorised by Union or national legislation to which the person responsible is subject and that legislation provides for appropriate measures to safeguard your rights and freedoms and your legitimate interests; or
(3) with your express consent.
However, these decisions may not be based on special categories of personal data in accordance with Art. 9 Para. 1 DSGVO, unless Art. 9 Para. 2 lit. a or g DSGVO 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 controller shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, which shall include at least the right to obtain the intervention of a person from the controller, to express his or her point of view and to contest the decision.
Right to appeal to a supervisory authority pursuant to Art. 77 DSGVO
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 in which you are domiciled, your place of work or the place where the alleged infringement occurred, if you consider that the processing of personal data relating to you is in breach of the DPA.
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 under Art. 78 DSGVO.
– 2020 –