Privacy Policy

THIS IS A TRANSLATION OF THE ORIGINAL GERMAN PRIVACY STATEMENT. IN CASE OF ANY DISCREPANCIES, THE GERMAN VERSION SHALL BE BINDING

Thank you for your interest in our offer. Data protection is of particularly high priority to the operators of this website. These Internet pages can be used without indicating any personal data; however, if a data subject wants to use special services via this website, the processing of personal data may become necessary. If such processing becomes necessary and there is no statutory basis for such processing, the operators shall obtain the prior consent of the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject, shall always correspond to the General Data Protection Regulation (GDPR) as well as the country-specific data protection regulations applicable to the operators of this website. By means of this data protection declaration, the operators wish to inform the general public of the nature, scope, and purpose of the personal data that is collected, used, and processed. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

The controller of this website has implemented numerous technical and organizational measures to ensure the maximum protection of any personal data that is processed through this website. However, Internet-based data transmission may have security gaps; therefore absolute protection cannot be guaranteed. For this reason, each data subject is free to transfer personal data to the operators via alternative means, e.g., by telephone.

1. Definitions
This privacy policy is based on the terms used by the European legislator for adopting the General Data Protection Regulation (GDPR). Our data protection declaration shall be legible and understandable for the general public as well as for customers and business partners. To this end, the operators shall explain the terminology used.

The following terms are used in this privacy policy:
a) Personal data. Personal data means any information relating to an identified or identifiable natural person (“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. A data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.

c) Processing. Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, 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 processing in the future.

e) Profiling. Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location, or movements.

f) Pseudonymisation. Pseudonymisation is the processing of personal data in a manner 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 to ensure that the personal data are not attributed to an identified or identifiable natural person.

g) Controller or controller responsible for the processing. Controller or controller responsible for the 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 nomination may be provided for by Union or Member State law.

h) Processor. A processor is a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.

i) Recipient. A recipient is a natural or legal person, public authority, agency, or other body, to which personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

j) Third party. A third party is a natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

k) Consent. The consent of the data subject is any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and address of the controller
The controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union, and other provisions related to data protection is:

Daniela Englisch
Tresckowstr. 13
20259 Hamburg
Germany
daniela-englisch@web.de
daniela-englisch.com

3. Cookies
These websites use cookies. Cookies are text files that are stored in a computer system via an Internet browser.

Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited websites and servers to differentiate the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, the operators of this website provide its users with more user-friendly services than would be possible without cookies.

By means of a cookie, the information and offers on this website can be optimized with the user in mind. Cookies allow a website, as previously mentioned, to recognize its users. The purpose of this recognition is to make it easier for users to utilize this website. Among other things, users who allow cookies do not have to enter their access data each time they access the website because this is done by the website. The respective cookie is stored on the user’s computer system.

Each data subject may, at any time, prevent the setting of cookies through this website in the settings of the Internet browser used, thus permanently denying the setting of cookies. Furthermore, already set cookies can be deleted at any time via an Internet browser or other software programs. If a data subject does not allow for cookies in the settings of its Internet browser, the functions of our website may be restricted.

4. Collection of general data and information
This website collects a series of general data and information whenever a data subject or automated system accesses the website. This general data and information is stored in the server log files. The website may collect (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system is referred to our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on the operator’s information technology systems.

When using these general data and information, the operators of this website do not draw any conclusions about the respective data subject. Rather, this information is needed to (1) deliver the content of this website correctly, (2) optimize the content of this website as well as its advertisement, (3) ensure the long-term viability of the operator’s information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the operators analyze anonymously collected data and information statistically, aiming to improve data protection and data security and to ensure an ideal level of protection for the personal data that is processed. The anonymous data of the server log files is stored separately from any personal data provided by a data subject.

5. Contact via the website
This website contains information that enables its users to quickly contact the operators electronically and to directly communicate with them. This offer includes a general e-mail address. If a data subject contacts the controller via email or a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data is voluntarily transmitted to the data controller by the data subject and is stored for the purpose of processing or contacting the data subject. This personal data shall not be transferred to third parties.

6. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

7. Rights of the data subject
a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may contact the operators of this website at any time.

b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

  • the purposes of the processing
  • the categories of personal data concerned
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
  • the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing
  • the existence of the right to lodge a complaint with a supervisory authority
  • where the personal data are not collected from the data subject, any available information as to their source
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject

Furthermore, the data subject shall have the right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to avail himself of this right of access, he or she may contact the operators of this website at any time.

c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, he or she may contact the operators of this website at any time.

d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

  • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  • The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
  • The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
  • The personal data have been unlawfully processed.
  • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
  • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned reasons applies and a data subject wishes to request the erasure of personal data stored by the operators of this website, he or she may contact the operators at any time. The operators of this website shall promptly ensure that the erasure request is complied with immediately.

Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The operator of this website shall take care of the necessary steps in individual cases.

e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

  • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
  • The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
  • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
  • The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met and a data subject wishes to request the restriction of the processing of personal data stored by the operator of this website, he or she may contact the operator at any time. The operator shall arrange for the respective restriction.

f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used, and machine-readable format. He or she shall have the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may contact the operator of this website at any time.

g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

The operator of this website shall no longer process the personal data in the event of an objection unless they can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or for the establishment, exercise, or defence of legal claims.

If the operator processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the processing for direct marketing purposes, the operators of this website shall no longer process the respective personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the website operator for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may directly contact the operator. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, the operator of this website shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may directly contact the operator at any time.

i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time. If the data subject wishes to exercise the right to withdraw the consent, he or she may directly contact the operator at any time.

8. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which consent for a specific processing purpose id obtained. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. If the website operator is subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor was injured on the operator’s premises and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital, or other third party. The processing would then be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. The legislator considered that a legitimate interest can be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

9. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR, the website operator’s legitimate interest is to carry out business to increase the well-being of all employees and shareholders.

10. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data shall be routinely deleted, so long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

11. Provision of personal data as statutory or contractual requirement; requirement necessary to enter into a contract; obligation of the data subject to provide personal data; possible consequences of failure to provide such data
The provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g., information on the contractual partner). In certain cases, it may be necessary to conclude a contract for which the data subject provides personal data. This personal data must subsequently be processed by the operator. As an example, the data subject is obliged to provide us with personal data upon signing a contract. If the respective personal data was not provided, it may be impossible to conclude the respective contract. Before a data subject provides any personal data, the data subject must contact the operator of this website. The operator shall then clarify whether the provision of personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and the consequences of non-provision of personal data.

12. Existence of automated decision-making
As a responsible company, we do not make use of automatic decision-making or profiling.

This Privacy Policy was generated by the Privacy Policy Generator of the DGD – Your External DPO.

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