Privacy Policy
Introduction
This privacy policy governs your personal data and how I use it in the context of the use of my website and the use of special forms of use.
Personal data is any information that relates to an identified or identifiable natural person, in other words data that relates to you personally, such as your name, address, e-mail address, user behaviour, etc. 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, restriction, erasure or destruction.
I. Name and address of the controller
The data controller within the meaning of the General Data Protection Regulation (hereinafter referred to as “GDPR”) and other national data protection laws of the member states as well as other data protection provisions is:
Dominik Bial
me@dominikbial.de
II. Contact data of the data protection officer
The controller’s data protection officer can be reached at:
me@dominikbial.de
III. General information about data processing
1. Scope of personal data processing
I process personal data of my users only to the extent necessary to provide a functioning website and my content and services. My users’ personal data are processed regularly only with the consent of the user. An exception to this is in cases in which prior consent cannot be obtained for reasons of fact and the processing of the data is permitted by law.
2. Legal basis for the processing of personal data
a. Article 6(1)(a) of the GDPR serves as legal basis provided that I have obtained consent from the data subject.
b. Article 6(1)(b) of the GDPR serves as the legal basis for the processing of personal data if it is necessary for the fulfilment of a contract to which the data subject is a party. This also applies to processing operations required to carry out pre-contractual actions.
c. Article 6(1)(c) of the GDPR serves as the legal basis for the processing of personal data if it is necessary for the performance of a contract to which my company is a party.
d. Article 6(1)(d) of the GDPR serves as the legal basis in the event that the data subject’s vital interests or that of another natural person require the processing of personal data.
e. Article 6(1)(f) of the GDPR serves as the legal basis if the processing is necessary to safeguard the interests of my company or a third party and if the interests, fundamental rights and freedoms of the data subject do not override the controller’s interest.
3. Data deletion and retention duration
The data subject’s personal data shall be deleted or blocked as soon as the purpose of the retention ceases to apply. In addition, storage may be provided for by the European or national legislatives in EU regulations, laws or other regulations to which the controller is subject. The data shall also be blocked or deleted when a storage period prescribed by the specified standards expires, unless there is a need for further storage of the data for conclusion of a contract or fulfilment of the contract.
IV. Provision of the website and creation of log files
1. Description and scope of data processing
Each time my website is accessed, my system automatically collects data and information from the computer system of the visiting computer.
The following data are collected:
- The user’s IP address
- Date and time of access
- Directory protection user
- Protocols
- Status code
- Amount of data
- User agent
- Retrieved host name
The data are stored in the log files of my system. The user’s IP addresses or other data that allow the assignment of the data to a user are not affected by this. This data are not stored with the user’s other personal data.
2. Legal basis for data processing
Article 6(1)(f) of the GDPR is the legal basis for the temporary storage of the data.
3. Purpose of data processing
Temporary storage of the IP address by the system is necessary to allow delivery of the website to the user’s computer. The user’s IP address must be kept for the duration of the session for this.
Storage of the data in log files is done to ensure the functionality of the website. The data are also used to optimize the website and to ensure the security of my IT systems. The data are not used for marketing purposes in this context.
These purposes also constitute my legitimate interest in the processing of the data pursuant to Article 6(1)(f) of the GDPR.
4. Retention duration
The data will be deleted as soon as they are no longer necessary for the purpose of its collection. In the case of collecting the data to provide the website, this is the case when the respective session has ended.
In the case of storing the data in log files, this is the case after no more than seven days. Retention beyond that period is possible. In this case, the users’ IP addresses are deleted or distorted so that an assignment of the visiting client is no longer possible.
5. Opt-out and removal option
The collection of data for provision of the website and retention of the data in log files is essential for the website’s operation. The user therefore does not have the option to opt out.
V. E-mail contact
1. Description and scope of data processing
You can contact us via the provided e-mail address. In this case, the user’s personal data that are transmitted by e-mail will be stored.
The data in this context will not be disclosed to third parties. The data are used exclusively for processing the communication.
2. Legal basis of processing
The legal basis for processing the data is the existence of the user’s consent pursuant to Article 6(1)(a) of the GDPR.
The legal basis for processing the data that are transmitted when an e-mail is sent is Article 6(1)(f) of the GDPR.
3. Purpose of data processing
The processing of personal data from the input mask is only used to process the contact. In the case of contact via e-mail, this also includes the required legitimate interest in the processing of the data.
The other personal data processed during the sending process are intended to prevent misuse of the contact form and to ensure the security of my IT systems.
4. Retention duration
The data will be deleted as soon as they are no longer necessary for the purpose of its collection.
5. Opt-out and removal options
The user has the option of revoking their consent to the processing of the personal data at any time. If the user contacts us by e-mail, they may object to the storage of their personal data at any time. In this case, I will be unable to continue the conversation. You can use the e-mail address used to contact us or the e-mail address specified on the ‘Imprint’ page to withdraw your consent and object to storage of your data.
All personal data stored in the course of establishing contact will be deleted in this case, as long as there are no legal obligations standing in the way of the deletion.
V. Integration of Google
1. Description and scope of data processing
I use Google Maps on this website.
Google Maps is a service of Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94043, USA. You can find its privacy policy and information about your rights and privacy settings at https://www.google.de/intl/de/policies/privacy. Google also processes your personal information in the United States and is subject to the EU-U.S. Privacy Shield Framework, https://www.privacyshield.gov/EU-US-Framework.
By visiting the website, Google receives the information that you have accessed the corresponding page on my website. In addition, the data specified in section IV.1. of this privacy policy are also transmitted. This happens regardless of whether you are logged into a Google user account or have no user account there. When you are logged into your Google user account your data are allocated directly to your account. If you do not want your data to be allocated to your profile on Google, you must log out before activating the button. Google stores your data as usage profiles and uses them for advertising, market research and/or customized website design purposes. The data are evaluated (even for users who are not logged in) to provide appropriate advertising and to inform other users of the social network about your activities on my website.
2. Legal basis of data processing
Article 6(1)(f) of the GDPR is the legal basis for the integration of Google Maps.
3. Purpose of data processing
Using Google Maps gives you easy access to the interactive map, which is displayed directly on the website, and allows you to conveniently use the map feature. I therefore also have a legitimate interest in the integration of Google Maps for this purpose.
4. Retention duration
We have no information about the retention periods and deletion of the collected data by Google.
5. Opt-out and removal option
You have the right to object to the creation of these user profiles, and you must direct your objection to Google.
VI. Use of Social Media plug-ins
1. Description and scope of data processing
On this website I currently use the following social media plugins: Twitter, LinkedIn, Youtube
1. Legal basis of data processing
Art. 6 para. 1 sentence 1 lit. f DSGVO is the legal basis for the use of the plug-ins.
2. Purpose of data processing
The plug-in provider stores the data collected about you as user profiles and uses these for the purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation takes place in particular (also for not logged in users) for the representation of demand-fair advertisement and in order to inform other users of the social network about your activities on my website. For this purpose, my legitimate interest lies in the integration of social media plug-ins.
3. Retention duration
We have no influence on the data collected and data processing processes, nor are I aware of the full extent of data collection, the purposes of processing, the storage periods. I also have no information on the deletion of the data collected by the plug-in provider.
4. Opt-out and removal option
You have a right to object to the creation of these user profiles, and you must contact the respective plug-in provider to exercise this right.
VII. Link to other Websites
Links on the website may refer to web pages/websites or services that are not operated by me. I do not make any statement about or endorse in any way the services or products of such third parties or the content contained on their web pages/websites. A reference to another webpage/website or service does not constitute an approval of this webpage/website or service. The use of the information on such a webpage/website or the service offered therein is at the user’s own risk. In case of doubt, the copyright for these contents lies with the owners of the linked webpages/websites.
VIII. Rights of the data subject
If your personal data are processed, you are a data subject within the meaning of the GDPR and you have the following rights in relation to the data controller (see section I. of this policy):
1. Right of access
You have the right to ask the data protection officer to confirm if I am processing your personal data.
If this is the case, you have the right to ask the data controller for information about the following information:
a. the purposes for which the personal data are processed;
b. the categories of personal data that are being processed;
c. the recipients or categories of recipients of the personal data to whom your
personal data was or will be disclosed;
d. the envisaged period in which your 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. any available information as to the source of the data if the personal data are not collected from the data subject;
h. the existence of automated decision-making.
You have the right to obtain information as to whether your personal data will be transferred to a third country or international organisation. In this context, you have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
2. Right to rectification
You have the right to ask the controller to rectify and/or complete your personal data if the processed personal data are incorrect or incomplete. The controller is obligated to rectify the data without undue delay.
3. Right to restriction of processing
a. If you contest the accuracy of your personal information for a period of time that enables the controller to verify the accuracy of your personal data;
b. the processing is unlawful and you oppose 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;
d. If you have objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override your grounds.
If processing of your personal data has been restricted, this personal data shall (with the exception of storage) only be processed with your 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.
If the restriction of processing is restricted under the above conditions, you will be notified by the data controller before the restriction is lifted.
4. Right to erasure
a) Obligation to delete
You have the right to request from the controller the erasure of your personal data without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies: Your personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; You withdraw your consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing; You object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2); Your personal data have been unlawfully processed; Your personal data have to be deleted for compliance with a legal obligation in Union or Member State law to which the controller is subject; Your personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
b) Information to third parties Where the controller has made your personal data public and is obliged pursuant to Article 17(1) of the GDPR 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 you have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
c) Exceptions There is no right to erasure of the personal data if the processing is necessary for exercising the right of freedom of expression and information; for compliance with a legal obligation in 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) of the GDPR; for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) of the GDPR in so far as the right referred to in paragraph (a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or or the establishment, exercise or defence of legal claims.
5. Right to reporting
If you have asserted your right of rectification, erasure or restriction of processing to the controller, he/she is obliged to notify all of the recipients to whom your personal data have been disclosed of the correction or erasure of the data or restriction of processing, unless it proves to be impossible or involves a disproportionate effort.
You have the right to be informed by the controller about these recipients.
6. Right to data portability
You have the right to receive the personal data you provide to the controller in a structured, common and machine-readable format. You also have the right to transmit that data to another controller without hindrance by 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) or point (a) of Article 9(2) of the GDPR or on a contract pursuant to point (b) of Article 6(1) and
b. the processing is carried out by automated means.
In exercising this right, you also have the right to have your personal data transmitted directly from one controller to another, where technically feasible. The freedoms and rights of other people may not be affected.
The right to data portability shall not apply to 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 controller.
7. Right to object
You have the right to object, on grounds relating to his or her particular situation, at any time to the processing of your personal data which is based on point (e) or (f) of Article 6(1) of the GDPR, including profiling based on those provisions.
The controller shall no longer process your personal data unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
If your personal data are processed for direct marketing purposes, you have the right to object at any time to processing of the personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing.
In the context of the use of information society services (notwithstanding Directive 2002/58/EC), you may exercise his or her right to object by automated means using technical specifications.
8. Right to withdraw consent
You have the right to withdraw your declaration of consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
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 you or similarly significantly affects you. This shall not apply if the decision
a. is necessary for entering into, or performance of, a contract between you and the 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 your rights and freedoms and legitimate interests; or
c. you have given your explicit consent.
However, these decisions shall not be based on special categories of personal data referred to in Article 9(1) of the GDPR, unless point (a) or (g) of Article 9(2) applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.
With regard to the cases referred to in points (a) and (c), 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 his or her point of view and to contest the decision.
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 you consider that the processing of personal data relating to you violates the GDPR.
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 Article 78 of the GDPR.