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Responsible

Privacy policy according to DSGVO/DSG-neu (from 25.5.2018)

is responsible in terms of the basic data protection regulation and other national data protection laws of the member states and other data protection regulations:

Dr. Joachim Poggemann

Kollegienwall 5

49074 Osnabrück

Phone: 0541/350700

Email: kanzlei@rae-pp.de

General information on data processing

1. extent of the processing of personal data

As a matter of principle, we collect and use personal data of our users only to the extent necessary to provide a functional website and our contents and services. The collection and use of personal data of our users is always subject to the user's consent. An exception is made in those cases where prior consent cannot be obtained for factual reasons and where 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, Art. 6 lit. a of the EU Basic Data Protection Regulation (DSGVO) serves as the legal basis for the processing of personal data.

When processing personal data which are necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) lit. b DSGVO serves as the legal basis. This also applies to processing operations which are necessary for the performance of pre-contractual measures. 

Insofar as processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit.c DSGVO serves as the legal basis.

If vital interests of the persons concerned or of another natural person make it necessary to process personal data, Art. 6 para. 1 lit. d DSGVO serves as the legal basis. 

If the processing is necessary to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Article 6 (1) (f) FADP serves as the legal basis for the processing.

3. data erasure and storage period

The personal data of the person concerned will be deleted or blocked as soon as the purpose of the storage no longer applies. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU ordinances, laws or other regulations to which the person responsible is subject. Data will also be blocked or deleted when a storage period prescribed by the above-mentioned standards expires, unless there is a need to continue storing the data for the purpose of concluding or fulfilling a contract.

Translated with www.DeepL.com/Translator (free version)

Provision of the website and creation of log files.

1. description and scope of data processing 

Whenever our website is called up, our system automatically collects data and information from the computer system of the calling computer. 

The following data is collected:

(1) Information about the browser type and the version used

(2) The user's operating system 

(3) The Internet service provider of the user 

(4) The incomplete IP address of the user with the exception of the last digits 

(5) Date and time of access 

(6) Websites from which the user's system accesses our website 

(7) Websites that are called up by the user's system via our website

We use Piwik/Matomo. The log files we keep do not contain complete IP addresses or any other data that would allow us to identify a user. This data is not stored together with other personal data of the user. 

Alternatively: The log files contain IP addresses or other data that allow an assignment to a user. This could be the case, for example, if the link to the website from which the user accesses the website or the link to the website to which the user switches contains personal data.

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

2. legal basis 

The legal basis for the temporary storage of data is Art. 6 para. 1 lit. f DSGVO.

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 purpose, the user's IP address must remain stored for the duration of the session.

The storage in log files is done to ensure the functionality of the website. In addition, the data serves us to optimise 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.

These purposes also include our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f DSGVO.

4. duration of storage

The data will be deleted as soon as they are no longer necessary for 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 is ended.

The data stored in the log files will be deleted at the latest seven days after they have been stored. Storage beyond this is possible. In this case, IP addresses of the users are deleted, so that an assignment of the calling client is no longer possible.

5. possibility of objection and removal

The collection of data for the provision of the website and storage of the data in log files is mandatory for the operation of the website. Consequently, the user has no possibility of making a wide appeal.

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 calls up 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.

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

The following data is stored and transmitted in the cookies:

- log-in information

- Language settings

We also use cookies to analyse the surfing behaviour of the user. In doing so, an incomplete IP of the user is transmitted to us, the page visits and duration of the page visits are displayed and stored. Search terms are also mentioned and the use of website functions is transmitted. 

The user data collected in this way is pseudonymised by technical precautions. It is therefore no longer possible to assign the data to the calling user. The data is not stored together with other personal data of the users.

When calling up the website, users are informed by an info banner about the use of cookies for analysis purposes and their consent to the processing of the personal data used in this context is obtained. In this context, a reference is also made to how the storage of cookies can be prevented in the browser settings and a reference to this privacy policy. 

2. legal basis for data processing

The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f DSGVO. The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 para. 1 lit. a DSGVO if the user has given his consent to this.

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 these, it is necessary that the browser is recognised even after a page change. This applies, for example, to language settings, search terms and navigation. This user data, which is collected through technically necessary cookies, is not used to create user profiles. 

Analysis cookies are used to improve the quality of our website and its contents. The analysis cookies enable us to find out how the website is used and thus to optimise our offer. This enables us to make the pages more user-friendly, reduce the size of the website and check the success of new pages. 

This purpose also includes our legitimate interest in the processing of personal data in accordance with Art. 6 para. 1 lit. f DSGVO. 

4. duration of storage, possibility of objection and removal

Cookies are stored on the user's computer and are transmitted by the user to our site. Therefore you as a user have full control over the use of cookies. By changing the settings in your Internet browser, you can deactivate or restrict the transmission of cookies. When using Flash cookies, the settings must be made in the Fash Player. Already stored cookies can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that not all functions of the site can be used to their full extent. 

Newsletter

A newsletter is not offered.

 

 

Contact form and email contact.

Contact form and e-mail contact

1. description and scope of data processing

A contact form is available 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 is transmitted to us and stored. These data are:

(1) Name of the user 

(2) email address of the user

(3) Text

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

Time of transmission, IP address. 

For the processing of the data, your consent will be obtained as part of the sender process and reference will be made to this data protection declaration. In this context, the data will not be passed on to third parties. The data will be used exclusively for processing the conversation.

The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.

2. legal basis of the data processing

The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 Par. 1 letter f DSGVO. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for processing is Art. 6 para. 1 lit. b DSGVO.

3. purpose of data processing

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

4. duration of the data processing

The data will be deleted as soon as they are no longer necessary for the purpose for which they were collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation ends when it can be concluded from the circumstances that the matter in question has been finally clarified. The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

5. possibility of objection and removal

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.

If personal data are processed by you, you are the person concerned within the meaning of the DSGVO and you are entitled to the following rights against the person responsible:

rights of the data subjects:

1. right of information

You can request confirmation from the person responsible as to whether personal data concerning you is being processed by us. If such processing has taken place, you can request information from the data controller about the following:

(1) the purposes for which the personal data are processed

(2) the categories of personal data which are processed;

(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;

(4) the envisaged duration of the storage of the personal data concerning you or, if it is not possible to give specific details, the criteria for determining or the duration of storage;

(5) the existence of a right of access to or deletion of personal data concerning you, a right to have the processing limited by the controller or a right to object to the processing;

(6) the existence of a right of appeal to a supervisory authority;

(7) any available information as to the source of the data, if the personal data are not collected from the data subject;

(8) the existence of automated decision-making, including profiling in accordance with Art. 22 (1) and (4) DPA and - at least in these cases - meaningful information on the logic involved and the scope and intended effects of such processing on the data subjects.

You have the right to request information as to whether the personal data concerning you 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 Art. 46 FADP in connection with the transfer.

If the data processing is carried out for scientific, historical or statistical research purposes, the right of access may be limited to the extent that it is likely to make the realisation of the research or statistical purposes impossible or to seriously impair such realisation and the limitation is necessary for the fulfilment of the research or statistical purposes.

2. law and rectification

You have the right to ask the data controller to correct and/or complete the data if the personal data processed concerning you is incorrect or incomplete. The data controller shall make the correction without delay.

If the data processing is carried out for scientific, historical or statistical research purposes, your right of rectification may be limited to the extent that it is likely to make it impossible or seriously hinder the achievement of the research or statistical purposes and the limitation is necessary for the fulfilment of the research or statistical purposes. 

3. right to limit processing

You may request the restriction of the processing of personal data concerning you under the following conditions:

(1) if you dispute the accuracy of the personal data concerning you for a period which enables the controller to verify the accuracy of the personal data

(2) the processing is unlawful and you object to the deletion of the personal data and instead request the restriction of the use of the personal data;

(3) the controller no longer needs the personal data for the purposes of the processing, but you need the personal data for the purpose of asserting, exercising or defending legal claims; or 

(4) if you have lodged an objection to the processing in accordance with Art. 21 para. 1 DPA and it has not yet been established whether the legitimate reasons given by the controller outweigh your reasons.

If the processing of personal data relating to you has been restricted, such data may be processed - apart from storage - only with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or of a Member State.

If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

If the data processing is carried out for scientific, historical or statistical research purposes, your right to limit the processing may be restricted to the extent that it is likely to make it impossible or seriously prejudicial to the achievement of the research and statistical purposes and that the restriction is necessary for the achievement of the research or statistical purposes.

4. right of cancellation 

a) Duty to delete 

You may request the controller to delete personal data concerning you without delay and the controller is obliged to delete such data without delay if one of the following reasons applies:

(1) the personal data concerning you are no longer necessary for 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 FADP, and there is no other legal basis for the processing.

(3) You lodge an objection to the processing pursuant to Art. 21(1) DPA and there are no overriding legitimate reasons for the processing, or you lodge an objection to the processing pursuant to Art. 21(2) DPA.

(4) The personal data concerning you have been processed unlawfully.

(5) The deletion of personal data concerning you is necessary to comply with 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 information society services offered in accordance with Article 8(1) of the DPA.

b) Information to third parties

If the controller has made public the personal data concerning you and is obliged to delete them in accordance with Art. 17 para. 1 DPA, he shall take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested the deletion of all links to these personal data or of copies of replications of these personal data.

c) Exceptions

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

(1) to exercise the right to freedom of expression and information

(2) to comply with a legal obligation requiring processing under Union or national law to which the controller is subject, or to perform 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 field of public health pursuant to Art. 9 para. 2 lit. h and Art. 9 para. 3 DSGVO;

(4) for archival, scientific or historical research purposes in the public interest or for statistical purposes pursuant to Art. 89 para. 1 DSGVO, insofar as the right referred to in section a) is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or 

(5) to assert, exercise or defend legal claims.

5. right to information 

If you have asserted the right to obtain authorisation, erasure or limitation of processing vis-à-vis the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this authorisation, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort.

You have the right vis-à-vis the controller to be informed of these recipients.

6. right to data transferability

You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, common and machine-readable format. You also have the right to have this data communicated to another controller, without interference from the controller to whom the personal data has been made available, provided that 

(1) the processing is based on a consent pursuant to Art. 6 para. 1 letter a DSGVO or Art. 9 para. 2 letter a DSGVO or on a contract pursuant to Art. 6 para. 1 letter b DSGVO and 

(2) processing is carried out by means of automated procedures.

In exercising this right, you also have the right to obtain that the personal data concerning you be transmitted directly by a controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to data transferability shall 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.

7. right of objection 

You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you that is carried out pursuant to Art. 6, para. 1, letters e or f FADP; this also applies to profiling protected under these provisions.

The controller will no longer process the personal data concerning you, unless he can demonstrate compelling reasons for processing which are worthy of protection and which outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.

If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it is linked to such direct marketing.

If you object to processing for the purposes of direct marketing, the personal data concerning you will no longer be processed for those purposes.

You have the possibility to exercise your right of objection in relation to the use of information society services, without prejudice to Directive 2002/58/EC, by using automated procedures involving technical specifications.

If the data processing is carried out for scientific, historical or statistical research purposes, you also have the right to object, for reasons arising from your particular situation, to the processing of personal data concerning you that is carried out for statistical purposes in accordance with Art. 89, paragraph 1 of the DPA.

Your right to object may be limited to the extent that it is likely to make the realisation of the research or statistical purposes impossible or to seriously affect them, and the limitation is necessary for the fulfilment of the research or statistical purposes.

8. right to revoke the declaration of consent under data protection law 

You have the right to revoke your data protection declaration of consent at any time. Revocation of your consent does not affect the legality of the processing that has taken place on the basis of your consent until revocation.

9. automated decision in individual cases including profiling 

You have the right not to be subject to a decision based solely on automated processing, including profiling, that has legal effect on you or significantly affects you in a similar manner.

This shall not apply if the decision 

(1) is necessary for the conclusion or fulfilment of a contract between you and the person responsible 

(2) is authorised by Union law or the law of the Member States to which the person responsible is subject and that law contains appropriate measures to safeguard your rights and freedoms and your legitimate interests; or,

(3) with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 DSGVO, unless Art.9 para. 2 lit. a or g DSGVO applies, and appropriate measures have been taken to protect rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), the data controller shall take appropriate measures to protect the rights and freedoms and your legitimate interests, which shall include at least the right to obtain the intervention of a person from the data controller, to present his or her point of view and to challenge the decision.

10. right to appeal to 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 in which you are resident, your place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you is in breach of the DPA.

The supervisory authority to which the complaint has been submitted will inform the complainant of the status and the results of the complaint, including the possibility of a judicial remedy under Art. 78 DSGVO.