We
are very delighted that you have shown interest in our enterprise.
Data protection is of a particularly high priority for the management
of YPH Consulting. The use of the Internet pages
of Herpers Publishing International is possible without any
indication of personal data; however, if a data subject wants to use
special enterprise services via our website, processing of personal
data could become necessary. If the processing of personal data is
necessary and there is no statutory basis for such processing, we
generally obtain consent from 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 be in
line with the General Data Protection Regulation (GDPR), and in
accordance with the country-specific data protection regulations
applicable to Herpers Publishing International. By means of this data
protection declaration, our enterprise would like to inform the
general public of the nature, scope, and purpose of the personal data
we collect, use and process. Furthermore, data subjects are informed,
by means of this data protection declaration, of the rights to which
they are entitled.
As
the controller, Herpers Publishing International has implemented
numerous technical and organizational measures to ensure the most
complete protection of personal data processed through this website.
However, Internet-based data transmissions may in principle have
security gaps, so absolute protection may not be guaranteed. For this
reason, every data subject is free to transfer personal data to us
via alternative means, e.g. by telephone.
1.
Definitions The
data protection declaration of YPH Consulting is
based on the terms used by the European legislator for the adoption
of the General Data Protection Regulation (GDPR). Our data protection
declaration should be legible and understandable for the general
public, as well as our customers and business partners. To ensure
this, we would like to first explain the terminology used.
In
this data protection declaration, we use, inter alia, the following
terms:
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
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 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.
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
Processor
is a natural or legal person, public authority, agency or other body
which processes personal data on behalf of the controller.
i) Recipient
Recipient
is a natural or legal person, public authority, agency or another
body, to which the 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
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
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
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:
YPH Consulting
York-Patrick
Herpers
C/
Marjal de la Safor, 10
03750 Pedreguer
Spain
Phone: +34 965058193
E-Mail:
contact@yphconsulting.com
Website:
www.yphconsulting.com
3.
Cookies
The
Internet pages of YPH Consulting DO NOT use
cookies. Cookies are text files that are stored in a computer system
via an Internet browser.
Many
Internet sites 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 Internet sites and
servers to differentiate the individual browser of the dats 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, Herpers Publishing International can provide the
users of this website with more user-friendly services that would not
be possible without the cookie setting.
By
means of a cookie, the information and offers on our website can be
optimized with the user in mind. Cookies allow us, as previously
mentioned, to recognize our website users. The purpose of this
recognition is to make it easier for users to utilize our website.
The website user that uses cookies, e.g. does not have to enter
access data each time the website is accessed, because this is taken
over by the website, and the cookie is thus stored on the user’s
computer system. Another example is the cookie of a shopping cart in
an online shop. The online store remembers the articles that a
customer has placed in the virtual shopping cart via a cookie.
The
data subject may, at any time, prevent the setting of cookies through
our website by means of a corresponding setting of the Internet
browser used, and may thus permanently deny the setting of cookies.
Furthermore, already set cookies may be deleted at any time via an
Internet browser or other software programs. This is possible in all
popular Internet browsers. If the data subject deactivates the
setting of cookies in the Internet browser used, not all functions of
our website may be entirely usable.
4.
Collection of general data and information
The
website of YPH Consulting collects a series of
general data and information when a data subject or automated system
calls up the website. This general data and information are stored in
the server log files. Collected may be (1) the browser types and
versions used, (2) the operating system used by the accessing system,
(3) the website from which an accessing system reaches 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 our information technology systems.
When
using these general data and information, Herpers Publishing
International does not draw any conclusions about the data subject.
Rather, this information is needed to (1) deliver the content of our
website correctly, (2) optimize the content of our website as well as
its advertisement, (3) ensure the long-term viability of our
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,
Herpers Publishing International analyzes anonymously collected data
and information statistically, with the aim of increasing the data
protection and data security of our enterprise, and to ensure an
optimal level of protection for the personal data we process. The
anonymous data of the server log files are stored separately from all
personal data provided by a data subject.
5.
Subscription to our newsletters
On
the website of YPH Consulting, users are given the
opportunity to subscribe to our enterprise’s newsletter. The input
mask used for this purpose determines what personal data are
transmitted, as well as when the newsletter is ordered from the
controller.
Herpers
Publishing International informs its customers and business partners
regularly by means of a newsletter about enterprise offers. The
enterprise’s newsletter may only be received by the data subject if
(1) the data subject has a valid e-mail address and (2) the data
subject registers for the newsletter shipping. A confirmation e-mail
will be sent to the e-mail address registered by a data subject for
the first time for newsletter shipping, for legal reasons, in the
double opt-in procedure. This confirmation e-mail is used to prove
whether the owner of the e-mail address as the data subject is
authorized to receive the newsletter.
During
the registration for the newsletter, we also store the IP address of
the computer system assigned by the Internet service provider (ISP)
and used by the data subject at the time of the registration, as well
as the date and time of the registration. The collection of this data
is necessary in order to understand the (possible) misuse of the
e-mail address of a data subject at a later date, and it therefore
serves the aim of the legal protection of the controller.
The
personal data collected as part of a registration for the newsletter
will only be used to send our newsletter. In addition, subscribers to
the newsletter may be informed by e-mail, as long as this is
necessary for the operation of the newsletter service or a
registration in question, as this could be the case in the event of
modifications to the newsletter offer, or in the event of a change in
technical circumstances. There will be no transfer of personal data
collected by the newsletter service to third parties. The
subscription to our newsletter may be terminated by the data subject
at any time. The consent to the storage of personal data, which the
data subject has given for shipping the newsletter, may be revoked at
any time. For the purpose of revocation of consent, a corresponding
link is found in each newsletter. It is also possible to unsubscribe
from the newsletter at any time directly on the website of the
controller, or to communicate this to the controller in a different
way.
6.
Newsletter-Tracking
The
newsletter of YPH Consulting contains so-called
tracking pixels. A tracking pixel is a miniature graphic embedded in
such e-mails, which are sent in HTML format to enable log file
recording and analysis. This allows a statistical analysis of the
success or failure of online marketing campaigns. Based on the
embedded tracking pixel, Herpers Publishing International may see if
and when an e-mail was opened by a data subject, and which links in
the e-mail were called up by data subjects.
Such
personal data collected in the tracking pixels contained in the
newsletters are stored and analyzed by the controller in order to
optimize the shipping of the newsletter, as well as to adapt the
content of future newsletters even better to the interests of the
data subject. These personal data will not be passed on to third
parties. Data subjects are at any time entitled to revoke the
respective separate declaration of consent issued by means of the
double-opt-in procedure. After a revocation, these personal data will
be deleted by the controller. Herpers Publishing International
automatically regards a withdrawal from the receipt of the newsletter
as a revocation.
7.
Contact possibility via the website
The
website of YPH Consulting contains information that
enables a quick electronic contact to our enterprise, as well as
direct communication with us, which also includes a general address
of the so-called electronic mail (e-mail address). If a data subject
contacts the controller by e-mail or via a contact form, the personal
data transmitted by the data subject are automatically stored. Such
personal data transmitted on a voluntary basis by a data subject to
the data controller are stored for the purpose of processing or
contacting the data subject. There is no transfer of this personal
data to third parties.
8.
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.
9. 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, at any time, contact any employee of the controller.
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 a 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, at any time, contact any employee of the controller.
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, at any time, contact any employee of the controller.
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 Herpers Publishing
International, he or she may, at any time, contact any employee of
the controller. An employee of Herpers Publishing International 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. An employees of Herpers Publishing International will
arrange the necessary measures 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 Herpers Publishing International, he or she may at any time
contact any employee of the controller. The employee of Herpers
Publishing International will arrange the restriction of the
processing.
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
those data to another controller without hindrance from the
controller to which the personal data have 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
at any time contact any employee of Herpers Publishing International.
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.
Herpers
Publishing International shall no longer process the personal data in
the event of the objection, unless we 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
Herpers Publishing International 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
Herpers Publishing International to the processing for direct
marketing purposes, Herpers Publishing International will no longer
process the 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 Herpers Publishing International 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 contact
any employee of Herpers Publishing International. 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, Herpers
Publishing International 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, at any time, contact any
employee of Herpers Publishing International. 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.
f
the data subject wishes to exercise the right to withdraw the
consent, he or she may, at any time, contact any employee of Herpers
Publishing International.
10.
Data protection provisions about the application and use of Facebook
On
this website, the controller has integrated components of the
enterprise Facebook. Facebook is a social network.
A
social network is a place for social meetings on the Internet, an
online community, which usually allows users to communicate with each
other and interact in a virtual space. A social network may serve as
a platform for the exchange of opinions and experiences, or enable
the Internet community to provide personal or business-related
information. Facebook allows social network users to include the
creation of private profiles, upload photos, and network through
friend requests.
The
operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo
Park, CA 94025, United States. If a person lives outside of the
United States or Canada, the controller is the Facebook Ireland Ltd.,
4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
With
each call-up to one of the individual pages of this Internet website,
which is operated by the controller and into which a Facebook
component (Facebook plug-ins) was integrated, the web browser on the
information technology system of the data subject is automatically
prompted to download display of the corresponding Facebook component
from Facebook through the Facebook component. An overview of all the
Facebook Plug-ins may be accessed under
https://developers.facebook.com/docs/plugins/. During the course of
this technical procedure, Facebook is made aware of what specific
sub-site of our website was visited by the data subject.
If
the data subject is logged in at the same time on Facebook, Facebook
detects with every call-up to our website by the data subject—and
for the entire duration of their stay on our Internet site—which
specific sub-site of our Internet page was visited by the data
subject. This information is collected through the Facebook component
and associated with the respective Facebook account of the data
subject. If the data subject clicks on one of the Facebook buttons
integrated into our website, e.g. the “Like” button, or if the
data subject submits a comment, then Facebook matches this
information with the personal Facebook user account of the data
subject and stores the personal data.
Facebook
always receives, through the Facebook component, information about a
visit to our website by the data subject, whenever the data subject
is logged in at the same time on Facebook during the time of the
call-up to our website. This occurs regardless of whether the data
subject clicks on the Facebook component or not. If such a
transmission of information to Facebook is not desirable for the data
subject, then he or she may prevent this by logging off from their
Facebook account before a call-up to our website is made.
The
data protection guideline published by Facebook, which is available
at https://facebook.com/about/privacy/, provides information about
the collection, processing and use of personal data by Facebook. In
addition, it is explained there what setting options Facebook offers
to protect the privacy of the data subject. In addition, different
configuration options are made available to allow the elimination of
data transmission to Facebook. These applications may be used by the
data subject to eliminate a data transmission to Facebook.
11.
Data protection provisions about the application and use of Google
Analytics (with anonymization function)
On
this website, the controller has integrated the component of Google
Analytics (with the anonymizer function). Google Analytics is a web
analytics service. Web analytics is the collection, gathering, and
analysis of data about the behavior of visitors to websites. A web
analysis service collects, inter alia, data about the website from
which a person has come (the so-called referrer), which sub-pages
were visited, or how often and for what duration a sub-page was
viewed. Web analytics are mainly used for the optimization of a
website and in order to carry out a cost-benefit analysis of Internet
advertising.
The
operator of the Google Analytics component is Google Inc., 1600
Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.
For
the web analytics through Google Analytics the controller uses the
application “_gat. _anonymizeIp”. By means of this application
the IP address of the Internet connection of the data subject is
abridged by Google and anonymised when accessing our websites from a
Member State of the European Union or another Contracting State to
the Agreement on the European Economic Area.
The
purpose of the Google Analytics component is to analyze the traffic
on our website. Google uses the collected data and information, inter
alia, to evaluate the use of our website and to provide online
reports, which show the activities on our websites, and to provide
other services concerning the use of our Internet site for us.
Google
Analytics places a cookie on the information technology system of the
data subject. The definition of cookies is explained above. With the
setting of the cookie, Google is enabled to analyze the use of our
website. With each call-up to one of the individual pages of this
Internet site, which is operated by the controller and into which a
Google Analytics component was integrated, the Internet browser on
the information technology system of the data subject will
automatically submit data through the Google Analytics component for
the purpose of online advertising and the settlement of commissions
to Google. During the course of this technical procedure, the
enterprise Google gains knowledge of personal information, such as
the IP address of the data subject, which serves Google, inter alia,
to understand the origin of visitors and clicks, and subsequently
create commission settlements.
The
cookie is used to store personal information, such as the access
time, the location from which the access was made, and the frequency
of visits of our website by the data subject. With each visit to our
Internet site, such personal data, including the IP address of the
Internet access used by the data subject, will be transmitted to
Google in the United States of America. These personal data are
stored by Google in the United States of America. Google may pass
these personal data collected through the technical procedure to
third parties.
The
data subject may, as stated above, prevent the setting of cookies
through our website at any time by means of a corresponding
adjustment of the web browser used and thus permanently deny the
setting of cookies. Such an adjustment to the Internet browser used
would also prevent Google Analytics from setting a cookie on the
information technology system of the data subject. In addition,
cookies already in use by Google Analytics may be deleted at any time
via a web browser or other software programs.
In
addition, the data subject has the possibility of objecting to a
collection of data that are generated by Google Analytics, which is
related to the use of this website, as well as the processing of this
data by Google and the chance to preclude any such. For this purpose,
the data subject must download a browser add-on under the link
https://tools.google.com/dlpage/gaoptout and install it. This browser
add-on tells Google Analytics through a JavaScript, that any data and
information about the visits of Internet pages may not be transmitted
to Google Analytics. The installation of the browser add-ons is
considered an objection by Google. If the information technology
system of the data subject is later deleted, formatted, or newly
installed, then the data subject must reinstall the browser add-ons
to disable Google Analytics. If the browser add-on was uninstalled by
the data subject or any other person who is attributable to their
sphere of competence, or is disabled, it is possible to execute the
reinstallation or reactivation of the browser add-ons.
Further
information and the applicable data protection provisions of Google
may be retrieved under
https://www.google.com/intl/en/policies/privacy/ and under
http://www.google.com/analytics/terms/us.html. Google Analytics is
further explained under the following Link
https://www.google.com/analytics/.
12.
Data protection provisions about the application and use of Instagram
On
this website, the controller has integrated components of the service
Instagram. Instagram is a service that may be qualified as an
audiovisual platform, which allows users to share photos and videos,
as well as disseminate such data in other social networks.
The
operating company of the services offered by Instagram is Instagram
LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, UNITED
STATES.
With
each call-up to one of the individual pages of this Internet site,
which is operated by the controller and on which an Instagram
component (Insta button) was integrated, the Internet browser on the
information technology system of the data subject is automatically
prompted to the download of a display of the corresponding Instagram
component of Instagram. During the course of this technical
procedure, Instagram becomes aware of what specific sub-page of our
website was visited by the data subject.
If
the data subject is logged in at the same time on Instagram,
Instagram detects with every call-up to our website by the data
subject—and for the entire duration of their stay on our Internet
site—which specific sub-page of our Internet page was visited by
the data subject. This information is collected through the Instagram
component and is associated with the respective Instagram account of
the data subject. If the data subject clicks on one of the Instagram
buttons integrated on our website, then Instagram matches this
information with the personal Instagram user account of the data
subject and stores the personal data.
Instagram
receives information via the Instagram component that the data
subject has visited our website provided that the data subject is
logged in at Instagram at the time of the call to our website. This
occurs regardless of whether the person clicks on the Instagram
button or not. If such a transmission of information to Instagram is
not desirable for the data subject, then he or she can prevent this
by logging off from their Instagram account before a call-up to our
website is made.
Further
information and the applicable data protection provisions of
Instagram may be retrieved under
https://help.instagram.com/155833707900388 and
https://www.instagram.com/about/legal/privacy/.
13.
Data protection provisions about the application and use of YouTube
On
this website, the controller has integrated components of YouTube.
YouTube is an Internet video portal that enables video publishers to
set video clips and other users free of charge, which also provides
free viewing, review and commenting on them. YouTube allows you to
publish all kinds of videos, so you can access both full movies and
TV broadcasts, as well as music videos, trailers, and videos made by
users via the Internet portal.
The
operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San
Bruno, CA 94066, UNITED STATES. The YouTube, LLC is a subsidiary of
Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351,
UNITED STATES.
With
each call-up to one of the individual pages of this Internet site,
which is operated by the controller and on which a YouTube component
(YouTube video) was integrated, the Internet browser on the
information technology system of the data subject is automatically
prompted to download a display of the corresponding YouTube
component. Further information about YouTube may be obtained under
https://www.youtube.com/yt/about/en/. During the course of this
technical procedure, YouTube and Google gain knowledge of what
specific sub-page of our website was visited by the data subject.
If
the data subject is logged in on YouTube, YouTube recognizes with
each call-up to a sub-page that contains a YouTube video, which
specific sub-page of our Internet site was visited by the data
subject. This information is collected by YouTube and Google and
assigned to the respective YouTube account of the data subject.
YouTube
and Google will receive information through the YouTube component
that the data subject has visited our website, if the data subject at
the time of the call to our website is logged in on YouTube; this
occurs regardless of whether the person clicks on a YouTube video or
not. If such a transmission of this information to YouTube and Google
is not desirable for the data subject, the delivery may be prevented
if the data subject logs off from their own YouTube account before a
call-up to our website is made.
YouTube’s
data protection provisions, available at
https://www.google.com/intl/en/policies/privacy/, provide information
about the collection, processing and use of personal data by YouTube
and Google.
14. Legal basis
for the processing
Art.
6(1) lit. a GDPR serves as the legal basis for processing operations
for which we obtain consent for a specific processing purpose. 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. Is our company 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 were injured in our company 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. Then the processing would
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. He considered that a legitimate
interest could be assumed if the data subject is a client of the
controller (Recital 47 Sentence 2 GDPR).
15.
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
our legitimate interest is to carry out our business in favor of the
well-being of all our employees and the shareholders.
16.
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 is routinely deleted, as long as it is
no longer necessary for the fulfillment of the contract or the
initiation of a contract.
17.
Provision of personal data as statutory or contractual requirement;
Requirement necessary to enter into a contract; Obligation of the
data subject to provide the personal data; possible consequences of
failure to provide such data
We
clarify that 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).
Sometimes
it may be necessary to conclude a contract that the data subject
provides us with personal data, which must subsequently be processed
by us. The data subject is, for example, obliged to provide us with
personal data when our company signs a contract with him or her. The
non-provision of the personal data would have the consequence that
the contract with the data subject could not be concluded.
Before
personal data is provided by the data subject, the data subject must
contact any employee. The employee clarifies to the data subject
whether the provision of the 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 the personal data.
18.
Existence of automated decision-making
As
a responsible company, we do not use automatic decision-making or
profiling.