Data protection declaration

according to the provisions of the GDPR

Note: This data protection declaration also applies to our Facebook fan page at https://www.facebook.com/TAVARLINShop

Content

I. Name and address of the controller

The controller within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the member states as well as other data protection regulations is:

  • TAVARLIN GmbH
    Schoenberger Weg 13, 60488 Frankfurt am Main
    Germany
    Phone: +49 (0)69 76 80 56 98 - 70
    Fax: +49 (0)69 76 80 56 98 - 76
    E-Mail: info@tavarlin.de

 

The data protection officer of the controller is:

  • Maximilian Pothmann
    Deutsche Datenschutzkanzlei
    Bahnhofstrasse 50
    D-87435 Kempten
    Phone: +49 (0) 831 930 653-55
    Fax: +49 (0) 831 930 654-99
    E-Mail: pothmann@deutsche-datenschutzkanzlei.de
    Website: www.deutsche-datenschutzkanzlei.de

II. General information on data processing

1. Scope of the processing of personal data

We only process personal data of our users if this is necessary to provide a functional website as well as our contents and services. The processing of personal data of our users takes place regularly only after consent of the user. An exception applies in those cases where prior consent cannot be obtained for real reasons and the processing of the data is permitted by law.

2. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for the processing of personal data, Article 6(1)(a) EU General Data Protection Regulation (GDPR) serves as legal basis.

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

When the processing of personal data is required to fulfil a legal obligation to which our company is subject, Article 6(1)(c) GDPR serves as legal basis.

If the vital interests of the data subject or another natural person require the processing of personal data, Article 6(1)(d) GDPR serves as legal basis.

If 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, Article 6(1)(f) GDPR serves as legal basis for processing.

3. Data erasure and storage time

The personal data of the data subject will be erased or blocked as soon as the purpose of storage ceases to apply. Furthermore, data may 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 erased 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.

III. Provision of the website and creation of log files

1. Description and scope of data processing

Every time you visit our website, our system automatically collects data and information from the computer system of the calling computer.

The following data is collected:

  1. (1) Information about the browser type and version used
  2. (2) User's operating system
  3. (3) Internet service provider of the user
  4. (4) IP address of the user
  5. (5) Date and time of access
  6. (6) Websites from which the user's system reaches our website
  7. (7) Websites accessed by the user's system via our website
  8. (8) Name and URL of the file retrieved
  9. (9) Notification whether the request was successful

The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.

2. Legal basis for data processing

The legal basis for the temporary storage of data and log files is Article 6(1)(f) GDPR.

3 Purpose of data processing

The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this the IP address of the user must remain stored for the duration of the session.

The data is stored in log files to ensure the functionality of the website. In addition, the data serves us to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

Our legitimate interest in data processing pursuant to Article 6(1)(f) GDPR also lies in these purposes.

4 Duration of storage

The data will be erased as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

If the data is stored in log files, this is the case after seven days at the latest. Further storage is possible. In this case, the IP addresses of the users are erased or alienated, so that an assignment of the calling client is no longer possible.

5. Possibility of objection and erasure

The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

IV. Use of cookies

1. Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. If a user visits a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic character string that enables a unique identification of the browser when the website is called up again.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.

The following data is stored and transmitted in the cookies:

  1. (1) Language settings
  2. (2) Items in a shopping cart
  3. (3) Log-in information
  4. (4) Information about the browser type and version used
  5. (5) User's operating system
  6. (6) Referrer URL
  7. (7) Host name of the accessing computer
  8. (8) Time of the server request

2. Legal basis for data processing

The legal basis for the processing of personal data using cookies is Article 6(1)(f) GDPR.

3 Purpose of data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For this it is necessary that the browser is recognized even after a page change.

We need cookies for the following applications:

  1. (1) Shopping Cart
  2. (2) Takeover of language settings
  3. (3) Remembering search terms

The user data collected by technically necessary cookies are not used to create user profiles.

For these purposes, our legitimate interest also lies in the processing of personal data in accordance with Article 6(1)(f) GDPR.

4. Duration of storage, possibility of objection and erasure

Cookies are stored on the user's computer and transmitted to our site. Therefore, you as a user also 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 erased at any time. This can also be done automatically.

The following links provide instructions on how to restrict the use of cookies in your browser.
Microsoft Internet Explorer https://support.microsoft.com/en-us/help/17442/windows-internet-explorer- erase-manage-cookies
Google Chrome https://support.google.com/chrome/answer/95647
Mozilla Firefox https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Apple Safari https://support.apple.com/kb/PH21411?locale=de_DE&viewlocale=en_US
Opera http://help.opera.com/Windows/9.20/en/cookies.html

If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.

V. Registration

1. Description and scope of data processing

On our website, we offer users the opportunity to register by providing personal data. The data is entered into an input mask and transmitted to us and saved. The data will not be passed on to third parties. The following data is collected during the registration process and stored at the time of registration:

  1. (1) Salutation and (if specified) title
  2. (2) First name
  3. (3) Last name
  4. (4) Email address
  5. (5) Company (if specified)
  6. (6) VAT identification number (if specified)
  7. (7) Country
  8. (8) Street and house number
  9. (9) Address suffix (if specified)
  10. (10) Postcode and city

As part of the registration process, the consent of the user to process this data is obtained.

2. Legal basis for data processing

The legal basis for the processing of this data is Article 6(1)(a) GDPR if the user has given his consent.

If registration serves the fulfilment of a contract to which the user is a party or the implementation of pre-contractual measures, the additional legal basis for the processing of the data is Article 6(1)(b) GDPR.

3 Purpose of data processing

A registration of the user is necessary for the provision of certain contents and services on our website.

This applies in particular to the conclusion of a contract for our products and services.

This is also necessary to fulfil the contractual obligations and to be able to perform the services ordered by you.

4 Duration of storage

The data will be erased as soon as they are no longer necessary to achieve the purpose for which they were collected.

This is the case for those during the registration process to fulfil a contract or to carry out pre-contractual measures when the data is no longer required for the execution of the contract. Even after conclusion of the contract, it may still be necessary to store personal data of the contractual partner in order to fulfil contractual or legal obligations.

This applies in particular to statutory retention periods for tax, commercial and company law and civil law requirements. Especially within the warranty periods.

5. Possibility of objection and erasure

As a user you have the possibility to withdrawn the registration at any time. You can rectify the data stored about you at any time.

If the data is required to fulfil a contract or to carry out pre-contractual measures, premature deletion of the data is only possible insofar as there are no contractual or statutory obligations to the contrary.

VI. Newsletter

1. Description and scope of data processing

You can subscribe to a free newsletter on our website. When registering for the newsletter, the data from the input mask is transmitted to us.

In addition, the following data is collected and stored during registration:

  1. (1) The IP address of the user
  2. (2) Date and time of registration
  3. (3) Date and time of activation
  4. (4) Salutation (if specified)
  5. (5) Name and surname (if specified)
  6. (6) E-mail address
  7. (7) Street and house number (if specified)
  8. (8) Postcode and city (if specified)

In the course of the registration process, your consent is obtained for the processing of the data and reference is made to this data protection declaration. You must confirm this consent in a confirmation email.

The data will be used exclusively for sending the newsletter.

2. Legal basis for data processing

The legal basis for the processing of the data after registration for the newsletter by the user is Article 6(1)(a) GDPR.

3 Purpose of data processing

The collection of the user's e-mail address serves to send the newsletter. The collection of other personal data as part of the registration process serves to prevent misuse of the services or the e-mail address used.

4 Duration of storage

The data will be erased as soon as they are no longer necessary to achieve the purpose for which they were collected. The user's e-mail address will therefore be stored for as long as the subscription to the newsletter is active.

5. Possibility of objection and elimination

The subscription to the newsletter can be cancelled by the user concerned at any time. For this purpose there is a corresponding link in every newsletter.

This also makes it possible to revoke the consent to the storage of personal data collected during the registration process.

VII Contact form and e-mail contact

1. Description and scope of data processing

There is a contact form on our website which can be used for electronic contact. If a user takes advantage of this possibility, the data entered in the input mask will be transmitted to us and stored.

At the time the message is sent, the following data is stored:

  1. (1) The IP address of the user
  2. (2) Date and time of contact
  3. (3) Salutation
  4. (4) First name
  5. (5) Last name
  6. (6) Email address
  7. (7) Telephone number (if specified)
  8. (8) Subject
  9. (9) Message

Your consent is obtained for the processing of the data within the scope of the sending process and reference is made to this data protection declaration.

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

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

2. Legal basis for data processing

The legal basis for the processing of data is Article 6(1)(a) GDPR if the user has given his consent.

The legal basis for the processing of data transmitted in the course of sending an e-mail is Article 6(1)(f) GDPR. If the e-mail contact aims at the conclusion of a contract, then additional legal basis for the processing is Article 6(1)(b) GDPR.

3 Purpose of data processing

The processing of the personal data from the input mask serves us only for the treatment of the establishment of contact. In the event of contact by e-mail, this also constitutes the necessary legitimate interest in the processing of the data.

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

4 Duration of storage

DThe data will be erased as soon as they are no longer necessary to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those that were sent by e-mail, this is the case when the respective conversation with the user is finished. The conversation is terminated when it can be inferred from the circumstances that the facts in question have been finally clarified.

The additional personal data collected during the sending process will be erased after a period of seven days at the latest.

5. Possibility of objection and erasure

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.

Please direct your request for withdrawal and erasure to:

  • TAVARLIN GmbH
    Schoenberger Weg 13, 60488 Frankfurt am Main
    Germany
    Phone: +49 (0)69 76 80 56 98 - 70
    Fax: +49 (0)69 76 80 56 98 - 76
    E-Mail: info@tavarlin.de

This can be done in writing by post or by email.

All personal data stored in the course of contacting us will be erased in this case.

VIII. Disclosure of personal data to third parties

1 For the performance of the contract

1.1 Logistics and shipping companies

As part of the performance of the contract, your personal data will be forwarded to logistics and shipping companies.

a) Legal basis for the processing of personal data

The legal basis for the processing or forwarding of personal data to logistics and shipping companies is Article 6(1)(b) GDPR.

b) Purpose for the processing or forwarding of personal data

The purpose of the processing or forwarding of your personal data is the fulfilment of the contractual obligation, in particular the delivery of the goods.

1.2 Credit institutions, payment service providers and billing companies (e.g. Paypal, credit card companies, collection service providers)

a) Legal basis for the processing of personal data

The legal basis for the processing or forwarding of personal data to credit institutions, payment service providers and accounting companies is Article 6(1)(b) and for the enforcement of claims due Article 6(1)(f) GDPR.

b) Purpose for the processing or forwarding of personal data

The purpose of processing and forwarding is to settle and collect the contractual claims and invoices in order to fulfil the contractual relationship.

1.3 Duration of storage for 1.1. and 1.2.

Generally, the data collected are erased as soon as it is no longer required. The data will be erased at the latest upon expiry of the relevant legal retention periods. Generally, these are between 3 and 10 years.

1.4 Possibility of objection and elimination

As a user you have the possibility to object to the processing of your data at any time. You can change the data stored about you at any time.

If the data is required to fulfil a contract or to carry out pre-contractual measures, premature deletion of the data is only possible insofar as there are no contractual or statutory obligations to the contrary.

2. Google Analytics

2.1 Scope of processing of personal data

This website uses Google Analytics, a web analysis service from Google (Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). Google Analytics uses cookies which are stored on your computer and enable an analysis of use. These are cookies from Google itself and so-called third-party cookies. The information generated by the cookies about your use of this website is usually transferred to a Google server in the USA and stored there. We use the code "gat._anonymizeIp();" for data protection-compliant processing in order to guarantee anonymous collection of IP addresses (so-called IP masking).

2.2 Legal basis for the processing of personal data

The legal basis for the processing of personal data for the use of Google Analytics Article 6(1)(f) GDPR.

The legal basis for the processing of data is Article 6(1)(a) GDPR if the user has given his consent.

2.3 Purpose of data processing

This website uses Google Analytics to enable an analysis of use. The processing of users' personal data enables us to analyse the surfing behaviour of our users. We are in a position to compile information about the use of the individual components of our website by evaluating the data obtained. This helps us to continuously improve our website and its user-friendliness. For these purposes, it is also in our legitimate interest to process the data in accordance with Article 6(1)(f) GDPR. By anonymizing the IP address, users' interest in protecting their personal data is sufficiently taken into account.

2.4 Duration of storage

Generally, the data collected is erased as soon as it is no longer required. The data will be erased at the latest upon expiry of the relevant legal retention periods. Generally, these are between 3 and 10 years.

2.5 Possibility of objection and elimination

You can object to the data collection at any time with effect for the future by downloading and installing the browser add-on for deactivating Google Analytics under the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

More information on how Google Analytics handles user data can be found in Google's privacy policy: https://support.google.com/analytics/answer/6004245?hl=en

3. Google Adwords Conversion-Tracking

3.1 Scope of processing of personal data

We also use the online advertising program Google AdWords Conversion-Tracking. The Google Conversion Tracking is an analysis service of Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). When you click on an ad served by Google, a conversion tracking cookie is placed on your computer.

These cookies do not contain any personal data.

3.2 Legal basis for the processing of personal data

The legal basis for the processing of data is Article 6(1)(a) GDPR if the user has given his consent.

3.3 Purpose of the processing

The information collected by the conversion cookie is used to generate conversion statistics (e.g. total number of users who clicked on an ad, forwarded conversion tracking tag page). However, no personal user profiles can be created.

3.4 Duration of storage

The cookies used by Google Adwords lose their validity after 30 days.

3.5 Possibility of objection and elimination

If you do not wish to participate in tracking, you can refuse the setting of a cookie required for this - for example via browser settings that generally deactivate the automatic setting of cookies or set your browser so that cookies are blocked by the "googleleadservices.com" domain.

4. Presence of third parties

Within the framework of our online offer, it may happen that third party content is also integrated into our website. It is customary that the IP address is forwarded to the third party for use of the services (e.g. display in the browser). In principle, we have no influence on how the third party acts with the data.

Please refer to the privacy policy of the providers of the browser plug-ins:

4.1. CleverReach

For the dispatch of newsletters we use CleverReach. The provider is CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede, Germany. With this service we can organize and analyse the sending of newsletters. Your data entered to receive the newsletter, such as your e-mail address, will be stored on CleverReach's servers. Server locations are Germany and Ireland.

Sending newsletters with CleverReach allows us to analyse the behavior of the newsletter recipient. Among other things, the analysis shows how many recipients have opened their newsletter and how often links were clicked in the newsletter. CleverReach supports conversion tracking to analyse whether a previously defined action, such as a product purchase, has taken place after clicking on a link. Details of CleverReach's data analysis can be found at: https://www.cleverreach.com/en/features/reporting-tracking/.

The data will be processed on the basis of your consent (Article 6(1)(a) GDPR). A revocation of your already given consent is possible at any time. To cancel your subscription, simply send us an e-mail or unsubscribe via the "unsubscribe" link in the newsletter. The legality of the data processing processes already carried out remains unaffected by the revocation.

If you do not want CleverReach to analyse your data, you must unsubscribe from the newsletter. To unsubscribe, simply send us an e-mail or use the unsubscribe link in the newsletter.

If you unsubscribe from our servers and CleverReach's servers, any information you enter to set up your subscription will be erased. Should these data have been transmitted to us for other purposes and elsewhere, they will remain with us. https://www.cleverreach.com/en/privacy-policy/.

Data processing

To fully comply with the legal data protection requirements, we have concluded a contract with CleverReach for order processing.

4.2. PayPal

Our website allows payment via PayPal. The payment service provider is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

If you pay with PayPal, the payment data you have entered will be transmitted to PayPal.

Your data will be transmitted to PayPal on the basis of Article 6(1)(a) GDPR (consent) and Article 6(1)(b) GDPR (processing to fulfil a contract). A revocation of your already given consent is possible at any time. Data processing operations in the past remain effective in the event of a revocation.

4.3. Facebook Plugin

Our website uses so-called social plugins ("plugins") of the social network Facebook, which is operated by Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). The plugins are marked with a Facebook logo or the addition "Facebook Social Plug-in" or "Facebook Social Plugin". An overview of the Facebook plugins and their appearance can be found here: https://developers.facebook.com/docs/plugins.

When you access a page of our website that contains such a plugin, your browser establishes a direct connection to the Facebook servers. The content of the plugin is transmitted directly from Facebook to your browser and integrated into the page. Through this integration Facebook receives the information that your browser has called up the corresponding page of our website, even if you do not have a Facebook profile or are not currently logged on to Facebook. This information (including your IP address) is transmitted directly from your browser to a Facebook server in the USA and stored there. If you are logged in to Facebook, Facebook can immediately associate your visit to our website with your Facebook profile. If you interact with the plugins, for example by clicking the "I like" button or making a comment, this information is also transmitted directly to a Facebook server and stored there. The information is also published on your Facebook profile and displayed to your Facebook friends. For the purpose and scope of data collection and the further processing and use of the data by Facebook and your rights and setting options for the protection of your privacy, please refer to Facebook's data protection information: https://www.facebook.com/policy.php.

If you do not want Facebook to associate the data collected via our website directly with your Facebook profile, you must log out of Facebook before visiting our website. You can also completely prevent the Facebook plugins from loading with add-ons for your browser, e.g. the "Facebook Blocker" (https://wlabs.de/689/browser-addon-facebookblocker/).

4.4. Twitter Plugin

Our website uses functions of the Twitter service. The provider is Twitter Inc, 1355 Market Street, Suite 900, San Francisco, CA 94103, USA.

When you use Twitter and the "Re-Tweet" function, websites you visit are linked to your Twitter account and published in your Twitter feed. Data is transmitted to Twitter. We have no knowledge of the content of the transmitted data or the use of this data by Twitter. Details can be found in Twitter's privacy policy: https://twitter.com/en/privacy.

You can change your privacy settings on Twitter: https://twitter.com/account/settings

4.5. Google Web Fonts

This site uses so-called web fonts provided by Google to uniformly display fonts. When you call up a page, your browser loads the required Web fonts into your browser cache to display texts and fonts correctly.

To do this, the browser you are using must connect to Google's servers. This gives Google knowledge that our website has been accessed via your IP address. The use of Google Web Fonts is in the interest of a uniform and appealing presentation of our online offers. This represents a legitimate interest within the meaning of Article 6(1)(f) GDPR.

If your browser does not support web fonts, a default font is used by your computer.

Further information about Google Web Fonts can be found at https://developers.google.com/fonts/faq and in Google's privacy policy: https://www.google.com/policies/privacy/.

IX. Rights of the data subject

If personal data of you are processed, you are affected within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

1. Right of access

You have the right to obtain from the controller confirmation as to whether or not your personal data are being processed.

Where that is the case, you have the right to access to your personal data and the following information:

  1. (1) the purposes for which the personal data are processed;
  2. (2) the categories of personal data concerned;
  3. (3) the recipients or categories of recipients to whom the personal data have been or will be disclosed;
  4. (4) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  5. (5) 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;
  6. (6) the right to lodge a complaint with a supervisory authority;
  7. (7) where the personal data are not collected from the data subject, any available information as to their source;
  8. (8) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

You have the right to be informed whether your personal data are transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Article 46 GDPR relating to the transfer.

2. Right to rectification

SYou have the right to obtain from the controller the rectification and/or completion of your data if the processed personal data are incorrect or incomplete. The controller shall make the rectification without delay.

3. Right to restriction of processing

You have the right to obtain from the controller restriction of processing where one of the following applies:

  1. (1) if you contest the accuracy of the personal data, for a period enabling the controller to verify the accuracy of the personal data;
  2. (2) the processing is unlawful and you opposes the erasure of the personal data and request the restriction of their use instead;
  3. (3) the controller no longer needs the personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims, or
  4. (4) you have objected to processing pursuant to Article 21(1) GDPR and it has not yet been verified whether the legitimate grounds of the controller override those of yours.

Where processing has been restricted, such 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 processing restriction has been restricted according to the above conditions, you will be informed by the controller before the restriction is lifted.

4. Right to erasure

4.1 Obligation to erase

You may obtain the controller to erase the personal data relating to you without delay and the controller is obliged to erase this data without delay where one of the following grounds applies:

  1. (1) The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  2. (2) You withdraw consent on which the processing was based according to Article 6(1)(a) or Article 9(2)(a) GDPR, and where there is no other legal basis for the processing.
  3. (3) You object to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) GDPR.
  4. (4) The personal data have been unlawfully processed.
  5. (5) 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.
  6. (6) The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.

4.2 Information to third parties

If the data controller has made the personal data public and is obliged to erase it pursuant to Article 17(1) GDPR, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data processors who process the personal data that you as the data subject have requested the deletion of all links to this personal data or of copies or replications of this personal data.

4.3 Exceptions

The right of erasure does not exist insofar as the processing is necessary

  1. (1) to exercise freedom of expression and information;
  2. (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. (3) 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;
  4. (4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) GDPR 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; or
  5. (5) for the establishment, exercise or defence of legal claims.

5. Right of notification

If you have exercised your right to rectification, erasure or restriction, the controller is obligate to communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort.

You have also the right to be informed by the controller about those recipients.

6. Right to data portabilityh3>

You have the right to receive the personal data that you have provided to the controller in a structured, commonly and machine-readable format. In addition, 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:

  1. (1) the processing is based on consent pursuant to point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR or on a contract pursuant to point (b) of Article 6(1) GDPR; and
  2. (2) the processing is carried out by automated means.

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

The right to data portability 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.

7. Right to object

You have the right to object at any time, on grounds relating to your particular situation, to processing your personal data is based on point (e) or (f) of Article 6(1) 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 the processing is necessary 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 your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing.

If you object to processing for direct marketing purposes, your personal data shall no longer be processed for such purposes.

You have the possibility to exercise your right to object in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, by automated means using technical specifications.

8. Right to withdraw the declaration of consent in terms of data-protection law

You have the right to withdraw your declaration of consent at any time. The revocation 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:

  1. (1) is necessary for entering into, or performance of, a contract between you and the data controller;
  2. (2) 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
  3. (3) is based on your explicit consent.

However, these decisions shall not be based on special categories of personal data referred to in Article 9(1) GDPR, unless point (a) or (g) of Article 9(2) GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.

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

10. Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you shall 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 your personal data infringes to 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 GDPR.

The supervisory authority responsible for us is:

  • Hessische Datenschutzbeauftragte
    (Data Protection Commissioner of the State of Hesse)
    Dr. Michael Ronellenfitsch
    Phone: +49 (0) 611 - 1408-0
    Fax: +49 (0) 611 - 1408-900 oder -901
    E-Mail: poststelle@datenschutz.hessen.de
Viewed