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Data Protection Declaration
Name and contact of the responsible entity according to
article 4 para. 7 GDPR
Owner: Martina Huckschlag
Fortlagestraße 21, 49086 Osnabrück
Tel: +49 (0)5 41/7 99 75
Fax: +49(0)5 41/70 82 12
Safety and protection of your personal data
We consider it our primary responsibility to maintain the confidentiality of the personal data you provide and to protect these from unauthorised access. We therefore apply the utmost care and the most modern safety standards to ensure maximum protection of your personal data.
As a company under private law, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the regulations of the German Federal Data Protection Act (BDSG). We have taken technical and organisational measures to ensure that the regulations concerning data protection are observed by us and also by our external service providers.
The legislator requires that personal data be processed lawfully, fairly and in a transparent manner in relation to the data subject (“lawfulness, fairness, transparency”). In order to ensure this, we inform you about the individual legal definitions which are also used in this data protection declaration:
1. Personal data
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”); an identifiable person is a natural person 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 one or more specific characteristics that express the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Processing” means 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;
3. Restriction of processing
“Restriction of processing” means the marking of stored personal data with the aim of limiting their processing in the future.
“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.
“Pseudonymisation” means the processing of personal data in such 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.
6. Filing system
“Filing system” means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.
“Controller” means 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.
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
“Recipient” means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. 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, however; 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.
10. Third party
“Third party” means 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.
“Consent” of the data subject means 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.
Lawfulness of processing
The processing of personal data is only lawful if there is a legal basis for the processing. Pursuant to Article 6 (1) lit. a – f GDPR, the legal basis for processing may be in particular:
a. the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
b. processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
c. processing is necessary for compliance with a legal obligation to which the controller is subject;
d. processing is necessary in order to protect the vital interests of the data subject or of another natural person;
e. processing 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;
f. processing is necessary for the purposes of the legitimate interests pursued by the controller 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, in particular where the data subject is a child.
Information concerning the collection of personal data
(1) In the following we would like to inform you about the collection of personal data when using our website. Personal data include, for example, your name, address, email-addresses, user conduct.
(2) On taking up contact with us per email or via a contact form, the data you transmit to us (your email address, in some cases also your name and your telephone number) will be stored by us in order to respond to your questions. We will delete the data which are collected in this connection when storage is no longer necessary, or restrict the processing if there is a statutory obligation to keep such data stored.
Collection of personal data when visiting our website
If you only use our website for information purposes, i.e. if you do not register or do not transfer information to us in any other way, we only collect the personal data which your browser transmits to our server. If you would like to observe our website, we collect the following data, which are technically necessary for us to show you our website and to guarantee its stability and security (legal basis Section 6, paragraph 1, p. 1 lit. f, GDPR):
– IP address
– date and time of enquiry
– time zone difference to Greenwich Mean Time (GMT)
– content of the request (specific page)
– access status/HTTP status code
– quantity of data transferred in each case
– website from which the request comes
– operating system and its interface
– language and version of the browser software.
(1) In addition to the data mentioned above cookies are stored on your computer when our website is used. Cookies are small text files which are stored on your hard disk and attributed to the browser which you use, and by means of which certain information is transmitted to the point which sets the cookie. Cookies cannot execute programmes or transfer viruses to your computer. They serve the purpose of making the internet offer more user-friendly and more effective overall.
(2) This website uses the following types of cookies, the scope and method of functioning of which are explained in the following:
– transient cookies (see a on this)
– persistent cookies (see b on this).
a. Transient cookies are automatically deleted when you close the browser. These include, in particular, the session cookies. Such cookies store a so-called session ID, by means of which different enquiries via your browser can be allocated to the joint session. In this way your computer can be recognised again when you return to our website. The session cookies are deleted when you log yourself out or close the browser.
b. Persistent cookies are automatically deleted after a pre-set duration which can vary according to the cookie. You can delete the cookies at any time in the safety settings of your browser.
c. You can configure your browser setting as you wish and, for example, decline to accept third party cookies or all cookies. So-called “third party cookies” are cookies that have been set by a third party and thus not by the actual website you are currently visiting. We would like to point out that, by deactivating cookies, you may not be able to use all functions of this website.
Further functions and offers of our website
(1) In addition to using our website for exclusively informative purposes, we offer a variety services which you can use if you are interested. For this purpose you usually have to indicate additional personal data which we use for the provision of the respective service and to which the above-mentioned basic principles on data processing apply.
(2) In some cases, we make use of external service providers to process your data. These providers have been carefully selected and commissioned by us, are bound by our instructions and are checked on a regular basis.
(3) Furthermore, we can pass your personal data on to third parties if participation in sales promotions, competitions, conclusions of contracts or similar services are offered by us in collaboration with partners. You will receive further information on this when you enter your personal data, or below in the description of the offer.
(4) In so far as our service providers or partners have their head office in a state outside the European Economic Area (EEA), we shall inform you about the consequences of this situation in the description of the offer.
Our offer is generally aimed at adults. Persons under the age of 18 should not transmit any personal data to us without the consent of their parents or legal guardians.
Rights of the person concerned (data subject)
(1) Withdrawal of consent
If personal data is processed on the basis of your consent, you have the right to withdraw this consent at any time. The lawfulness of the processing which has taken place on the basis of the consent until withdrawal shall not be affected by the withdrawal of the consent.
If you with to exercise your right of withdrawal, please contact us at any time.
(2) Right of confirmation
You have the right to obtain confirmation from the controller as to whether or not personal data concerning you is being processed by us. You can request such confirmation at any time using the contact data stated above.
(3) Right to information
Where personal data is being processed, you have the right, at any time, to have access to the personal data and the following information:
(a) the purposes of the processing;
(b) the categories of personal data concerned;
(c) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
(d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
(e) 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;
(f) the right to lodge a complaint with a supervisory authority;
(g) where the personal data are not collected from the data subject, any available information as to their source;
(h) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR 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.
Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer. We will provide a copy of the personal data undergoing processing. For any further copies requested by you, we may charge a reasonable fee based on administrative costs. If you submit the request by electronic means, and unless otherwise requested by you, the information shall be provided in a commonly used electronic form. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.
(4) Right to rectification
You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning your person. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
(5) Right to erasure (“right to be forgotten”)
You have the right to obtain from the controller the erasure of personal data concerning your person without undue delay and we have the obligation to erase personal data without undue delay, providing one of the following grounds applies:
a. the personal data are no longer required for the purposes for which they were collected or processed in some other way.
b. the person concerned (data subject) withdraws the consent on which the processing is based according to (a) of Article 6(1), or (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing;
c. the person concerned (data subject) objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
d. the personal data have been unlawfully processed.
e. the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
f. the personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
Where the controller has made the personal data public and is obliged pursuant to paragraph 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 controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
The right to erasure (“right to be forgotten”) does not apply to the extent that processing is necessary:
– for exercising the right of freedom of expression and information;
– for compliance with a legal obligation which requires processing by 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;
– for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3) GDPR;
– for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing;
– for the establishment, exercise or defence of legal claims.
(6) Right to restriction of processing
You have the right to obtain from us restriction of processing where one of the following applies:
a. 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;
b. the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
c. 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; or
d. the data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted according to the above-mentioned provisions, such personal data shall, with the exception of storage, only be processed with the data subject’s 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 important public interest of the Union or of a Member State.
In order to exercise your right to restriction of the processing, the person concerned (data subject) may contact us at any time using the contact data provided above.
(7) Right to data portability
You have the right to receive the personal data concerning your person, which you provided to us, in a structured, commonly used and machine-readable format and you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
a. the processing is based on consent pursuant to point (a) of Article 6(1) GDPR or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1) GDPR; and
b. the processing is carried out by automated means.
In exercising your right to data portability pursuant to paragraph 1, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The exercise of the right to data portability shall be without prejudice to the right to erasure (“right to be forgotten”). That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
(8) 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 your person which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. The controller will then no longer process the personal data unless the controller demonstrates 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.
Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning your person for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where you object to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), you, on grounds relating to your particular situation, shall have the right to object to processing of personal data concerning your person, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
You may exercise this right at any time by contacting the respective controller.
(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 your person or similarly significantly affects your person. This does not apply if the decision:
a. is necessary for entering into, or performance of, a contract between the data subject and a data controller;
b. is 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
c. is based on the data subject’s explicit consent.
The controller 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 to contest the decision.
The data subject may exercise this right at any time by contacting the respective controller.
(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 habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation.
(11) Right to an effective judicial remedy
Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77, you have the right to an effective judicial remedy where you consider that your rights under this Regulation have been infringed as a result of the processing of your personal data in non-compliance with this Regulation.
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