Privacy policy
Data protection manager
Bernd Hansemann
bernd hansemann consulting
Im Birkeneck 8
63150 Heusenstamm
Phone: +49 6104 802518
Fax: +49 6104 802519
E-mail: info@bha-consulting.de
1. Liability for contents
The content of this website has been created with the greatest possible care. However, we cannot assume any liability for the completeness, up-to-dateness or accuracy of the content provided. According to §§ 8 - 10 TMG, we as a service provider are not obliged to monitor third-party information that has been transmitted or stored, or to investigate indications and circumstances that indicate the illegality of activities and information. An obligation on our part to block the use of content within the framework of general laws always remains unaffected by this. However, this liability only comes into question at the moment we become aware of a specific infringement of rights. Should we become aware of any legal infringements, we must remove the relevant content immediately. As a service provider, our liability for our own content is governed by general law.
2. Liability for links
This website contains links to third-party websites - so-called external links. The content of these external links is beyond our control, so we cannot accept any liability for such content. The responsibility always lies with the respective operator of the external sites. No legal offences were apparent at the time the external links were created. We cannot reasonably be expected to permanently monitor external content for legal violations without specific indications. Should we become aware of any legal violations, we will remove the corresponding external links immediately.
3. Copyright/trademark law
German copyright and ancillary copyright law applies to the content published by the provider on this website. If the duplication, processing, distribution or any other type of utilisation is outside the scope of German copyright and ancillary copyright law, the written consent of the respective creator is required. Unauthorised copying or downloading of these pages is only permitted for private use and not for commercial use. Unless we as the operator also act as the creator of the content, the copyrights of third parties are respected. We always endeavour to identify such content as third-party content. In the event that you notice a copyright infringement despite careful work on our part, please inform us accordingly so that the removal of this content can be arranged immediately.
4. Data protection
The use of this website is regularly possible without providing personal data. Should such personal data nevertheless be collected on this website, this is done in the form of voluntary data entry by the user. Personal data is not passed on to third parties; it is only used for the purpose requested by the user. If personal data is collected on our website, this data is always collected in accordance with the provisions of the data protection laws of the Federal Republic of Germany. If personal data is collected, you can find the type, scope and purpose of the collection and use of personal data in this data protection declaration. Please note that despite the utmost care, data transmission on the Internet is always associated with risks based on security vulnerabilities. The unrestricted protection of data is therefore impossible. We only process our users' personal data to the extent necessary to provide a functional website and our content and services. The processing 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. 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. When processing personal data that is necessary for the fulfilment 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 for the implementation of pre-contractual measures. Insofar as the processing of personal data is necessary to fulfil 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. The personal data of the data subject will be deleted 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 controller 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 fulfilment of a contract.
5. Data transmission
Each time our website is accessed, our system automatically records the user's IP address from the computer system of the accessing computer. The legal basis for the temporary storage of the data is Art. 6 para. 1 lit. f GDPR. 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.
6. Cookies
Our website uses cookies for individual functions. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. When a user accesses a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again. The user data collected by technically necessary cookies is not used to create user profiles. We use cookies because some elements of our website require that the accessing browser can be identified even after a page change. Cookies are stored on the user's computer and transmitted by it to our website. As a user, you therefore have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent. The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f GDPR.
7. Inventory data
When establishing, structuring the content of or amending a contractual relationship between you and us, we collect and use personal data from you, so-called inventory data, to the extent necessary. As a rule, this data is not passed on or disclosed to third parties. By order of the competent authorities, we are obliged to provide information about personal data insofar as this is necessary for the purposes of criminal prosecution, averting danger or fulfilling other legal tasks.
8. Usage data
There is a contact form on our website that 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, email address, the message to us.
The following data is also stored when the message is sent:
The IP address of the user
Date and time of registration
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 email 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. 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. 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 is used to prevent misuse of the contact form and to ensure the security of our information technology systems. The data is deleted as soon as it is no longer required to fulfil the purpose for which it was collected. For the personal data from the input screen of the contact form and those sent by email, 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. The user has the option to revoke their 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. 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 controller:
9. Right to information
You can request confirmation from the controller 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 controller
(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 controller 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.
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 organisation. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer. You have the right to request information as to whether the personal data concerning you will be transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.
10. Right to rectification
You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you is incorrect or incomplete. The controller must carry out the rectification without undue delay. Right to restriction of processing Under the following conditions, you may request the restriction of the processing of personal data concerning you:
(1) if you contest the accuracy of the personal data concerning you for a period enabling the controller 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 controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence 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 controller 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 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 has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
11. Right to erasure
a) Obligation to erase
You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller 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 GDPR and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.
(4) The personal data concerning you has been processed unlawfully.
(5) The deletion of personal data concerning you is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject.
(6) The personal data concerning you have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
b) Information to third parties
Where the controller has made the personal data concerning you public and is obliged pursuant to Art. 17 (1) 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 as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
c) Exceptions
The right to erasure does not apply if the processing is necessary
(1) to exercise the right to freedom of expression and information
(2) 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
(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 GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 GDPR, 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 defence of legal claims.
12. right to information
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller 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 to be informed of these recipients by the controller.
13. Right to data portability
You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, where
(1) the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR 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 controller 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 controller.
14. 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) GDPR, including profiling based on those provisions. The controller will no longer process the personal data concerning you 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 the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you 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 of exercising your right to object in connection with the use of information society services - notwithstanding Directive 2002/58/EC - by means of automated procedures that use technical specifications. In the case of data processing for scientific, historical or statistical research purposes: You also have the right to object, on grounds relating to your particular situation, to processing of personal data concerning you which is carried out for scientific or historical research purposes or statistical purposes pursuant to Art. 89 (1) GDPR. Your right to object may be restricted to the extent that it is likely to render impossible or seriously impair the realisation of the research or statistical purposes and the restriction is necessary for the fulfilment of the research or statistical purposes.
15. 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.
16. Changes to the privacy policy
If changes are made to our privacy policy in the future, the changes will always be posted on these pages.
Source (in part):
Disclaimer construction kit, Deutsche Anwaltshotline AG