Data Protection Policy

Data Protection Policy

 

I. Name and address of the person responsible

The person responsible within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is

 

Prof. Dr. Klaus Günther

c/o Grosch Postflex #593

Emsdettener Straße 10

48268 Greven, Germany

E-mail: post(at)prof-dr-guenther.de

Website: www.prof-dr-guenther.de.

 

II. Name and address of the data protection officer

The data protection officer of the person responsible is:

Prof. Dr. Klaus Günther

c/o Grosch Postflex #593

Emsdettener Straße 10

48268 Greven, Germany

E-mail: post(at)prof-dr-guenther.de

Website: www.prof-dr-guenther.de.

 

III. General information on data processing

  1. scope of the processing of personal data

We collect and use our users‘ personal data only to the extent necessary to provide a functional website and our content and services. The collection and use of our users‘ personal data only takes place regularly with the user’s consent. An exception applies in cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by law.

  1. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. A EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data (in German: EU-Datenschutzgrundverordnung, DSGVO).

When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.

Insofar as the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.

In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.

If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing.

 

  1. Data erasure and storage duration

The personal data of the data subject will be erased or blocked as soon as the purpose of storage no longer applies. Data may also be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.

 

IV. Provision of the website and creation of log files

 

  1. Description and scope of data processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.

The following data is collected:

 

(1) Information about the browser type and version used

(2) The user’s operating system

(3) The user’s internet service provider

(4) The IP address of the user

(5) Date and time of access

(6) Websites from which the user’s system accesses our website

(7) Websites that are accessed by the user’s system via our website

 

The data is also stored in the log files of our system. This does not affect the user’s IP addresses or other data that enables the data to be assigned to a user. This data is not stored together with other personal data of the user.

 

  1. Legal basis for data processing

The legal basis for the temporary storage of data is Art. 6 para. 1 lit. f GDPR.

 

  1. Purpose of the 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.

 

These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f GDPR.

 

  1. Duration of storage

The data will be deleted as soon as it is no longer required to achieve the purpose for which it was 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.

 

  1. Possibility of objection and removal

The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, the user has no option to object.

 

V. Use of cookies

This website does not use cookies.

 

VI. Contact form and e-mail contact

  1. Description and scope of data processing

Contact forms are available on our website which can be used to contact us electronically. If a user makes use of this option, the data entered in the input mask will be transmitted to us and stored. These data are

– Name

– e-mail address

– telephone number

– Concern of the user

 

The following data is also stored when the message is sent:

– Date and time

Your consent is obtained for the processing of the data as part of the sending process and reference is made to this privacy policy.

Alternatively, you can contact us via the e-mail address provided. In this case, the user’s personal data transmitted with the e-mail will be stored.

The data will not be passed on to third parties in this context. The data is used exclusively for processing the conversation.

 

  1. Legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a GDPR if the user has given 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 GDPR. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.

 

  1. Purpose of the data processing

The processing of the personal data from the input mask serves us solely to process the contact. If you contact us by email, this also constitutes the necessary legitimate interest in processing the data.

 

The other personal data processed during the sending process serves to prevent misuse of the contact form and to ensure the security of our information technology systems.

 

  1. Duration of storage

The data will be 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 it can be inferred from the circumstances 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.

 

  1. Possibility of objection and removal

The user has the option to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, they can object to the storage of their 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.

 

VII. Rights of the data subject

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the person responsible:

 

  1. Right to information

You can request confirmation from the person responsible as to whether personal data concerning you is being processed by us.

 

If such processing is taking place, you can request the following information from the person responsible:

 

(1) the purposes for which the personal data are processed;

(2) the categories of personal data being processed

(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed

(4) the envisaged period for which the personal data concerning you will be stored, or, if specific information on this is not possible, the criteria used to determine that period

(5) 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 such processing

(6) the existence of a right to lodge a complaint with a supervisory authority;

(7) all available information about the origin of the data if the personal data is not collected from the data subject

(8) the existence of automated decision-making, including profiling, referred to in Art. 22 (1) and (4) DSGVO and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for 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 organization. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 DSGVO in connection with the transfer.

 

 

 

 

  1. Right to rectification

You have a right to rectification and/or completion vis-à-vis the person responsible if the processed personal data concerning you is incorrect or incomplete. The person responsible must carry out the rectification without undue delay.

 

  1. Right to restriction of processing

Under the following conditions, you may request the restriction of the processing of your personal data:

(1) if you contest the accuracy of the personal data concerning you for a period enabling the person responsible to verify the accuracy of the personal data;

(2) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead

(3) the person responsible no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims; or

(4) if you have objected to processing pursuant to Art. 21 (1) GDPR pending the verification whether the legitimate grounds of the person responsible override your grounds.

 

If the processing of personal data concerning you has been restricted, this data – apart from its storage – may only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

 

If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the person responsible before the restriction is lifted.

 

  1. Right to erasure
  2. a) Obligation to erase

You have the right to obtain from the person responsible the erasure of personal data concerning you without undue delay and the person responsible shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

 

(1) The personal data concerning you are no longer necessary in relation to 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 DSGVO and there is no other legal basis for the processing.

(3) You object to the processing pursuant to Art. 21 (1) DSGVO and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) DSGVO.

(4) The personal data concerning you has been processed unlawfully.

(5) The deletion of 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.

(6) The personal data concerning you have been collected in relation to the offer of information society services referred to in Art. 8 (1) DSGVO.

 

  1. b) Information to third parties

If the person responsible has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) DSGVO, it shall take reasonable steps, including technical measures, taking into account the available technology and the cost of implementation, to inform persons responsible which are processing the personal data that you as the data subject have requested the erasure by such persons responsible of any links to, or copy or replication of, those personal data.

 

  1. c) Exceptions

The right to erasure does not exist if the processing is necessary

 

(1) for exercising the right of freedom of expression and information;

(2) for compliance with a legal obligation which requires processing by Union or Member State law to which the person responsible 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 person responsible

(3) for reasons of public interest in the area of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 DSGVO;

(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 DSGVO, insofar as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or

(5) for the establishment, exercise or defense of legal claims.

 

  1. Right to information

If you have asserted the right to rectification, erasure or restriction of processing against the person responsible, the person responsible is obliged to notify 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 vis-à-vis the person responsible to be informed about these recipients.

 

 

  1. Right to data portability

You have the right to receive the personal data concerning you, which you have provided to the , person responsible in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another person responsible without hindrance from the person responsible to which the personal data has been provided, where

 

(1) the processing is based on consent pursuant to Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b DSGVO and

(2) the processing is carried out by automated means.

 

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one person responsible to another, where technically feasible. The freedoms and rights of other persons must not be affected by this.

 

The right to data portability does not apply to the 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 person responsible.

 

  1. Right to object

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) DSGVO, including profiling based on those provisions.

 

The person responsible will no longer process the personal data concerning you unless the person responsible demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.

 

If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing.

 

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

 

You have the option, 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 that use technical specifications.

 

 

  1. Right to revoke the declaration of consent under data protection law

You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

 

  1. Automated decision-making in individual cases, 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

 

(1) is necessary for the conclusion or performance of a contract between you and the person responsible

(2) is authorized by Union or Member State law to which the person responsible is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or

(3) with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.

 

With regard to the cases referred to in (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.

 

  1. 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 habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the DSGVO.

 

The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 DSGVO.

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