Legal Document

Privacy Policy

Contact Person

The controller within the meaning of the General Data Protection Regulation (GDPR), other data protection laws applicable in the Member States of the European Union, and other provisions of a data protection nature is:

David Gollasch
Werftstr. 36 A
01139 Dresden
Germany

Phone: +49 351 79992391
Email: moc.hcsallogdivadobfsctd-1af64e@eciffo
Website: www.davidgollasch.com

Translation Notice

This page is the translated version of the German Datenschutzerklärung. Only the German original text is legally binding.

General Information

I am pleased that you are interested in me and my business. Data protection is of particular importance to me. It is generally possible to use my website without providing any personal data. However, if a data subject wishes to use special services of my company via my website, processing of personal data may be required. If processing of personal data is required and there is no legal basis for such processing, I will generally obtain the consent of the data subject.

The processing of personal data, such as name, address, email address or telephone number of a data subject, always takes place in accordance with the General Data Protection Regulation (GDPR) and in compliance with the data protection provisions applicable to me. By means of this privacy policy, I wish to inform the public about the nature, scope and purpose of personal data collected, used and processed by me. Furthermore, data subjects are informed of their rights under this privacy policy. As the controller responsible for processing, I have implemented numerous technical and organisational measures to ensure as comprehensive protection as possible of personal data processed via this website. However, internet-based data transmissions may generally have security vulnerabilities, so that absolute protection cannot be guaranteed. Therefore, each data subject is free to transmit personal data to me by alternative means, for example by telephone. Furthermore, this privacy policy clarifies the applicable provisions for the use of various tools and services; however, not all of the tools and services mentioned necessarily have to be used.

Definitions of Terms

This privacy policy is based on the terminology used by the European legislature in the adoption of the General Data Protection Regulation (GDPR). My privacy policy is intended to be easily readable and understandable for both the public and my customers and business partners. To ensure this, I would like to explain the terminology used in advance. I use the following terms, among others, in this privacy policy:

Cookies

David Gollasch’s website uses cookies. Cookies are text files that are stored on a computer system via an internet browser. Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters through which websites and servers can be assigned to the specific internet browser in which the cookie has been stored. This enables the visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A particular internet browser can be recognised and identified via the unique cookie ID.

By using cookies, David Gollasch can provide users of this website with more user-friendly services that would not be possible without the setting of cookies. By means of a cookie, the information and offers on my website can be optimised for the user. Cookies enable me, as already mentioned, to recognise the users of my website. The purpose of this recognition is to make it easier for users to use my website. For example, the user of a website that uses cookies does not have to enter their access data again on each visit to the website, because this is handled by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping basket in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping basket via a cookie.

The data subject can prevent the setting of cookies by my website at any time by means of a corresponding setting of the internet browser used and thus permanently object to the setting of cookies. Furthermore, this website uses a consent system through which the data subject can actively consent to the use of cookies and can withdraw this consent at any time in the settings. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, not all functions of my website may be fully usable.

Collection and Processing of General Data and Information and Handling of Personal Data

David Gollasch’s website collects a range of general data and information with each call to the website by a data subject or an automated system. This general data and information is stored in the server log files. The following can be recorded: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reached my website (so-called referrer), (4) the sub-pages which are accessed on my website via an accessing system, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet Service Provider of the accessing system and (8) other similar data and information which serve to prevent hazards in the event of attacks on my information technology systems.

In using this general data and information, David Gollasch does not draw conclusions about the data subject. Rather, this information is needed to (1) deliver the contents of my website correctly, (2) optimise the contents of my website and the advertising for it, (3) ensure the permanent functionality of my information technology systems and the technology of my website, and (4) to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by David Gollasch on the one hand statistically and furthermore with the aim of increasing data protection and data security in my company in order ultimately to ensure an optimal level of protection for the personal data processed by me. The anonymous data from the server log files is stored separately from all personal data provided by a data subject.

Routine Deletion and Blocking of Personal Data

The controller processes and stores personal data of the data subject only for the period required to achieve the storage purpose, or insofar as this has been provided by the European legislature or another legislator in laws or regulations to which the controller is subject. Once the storage purpose ceases or a storage period prescribed by the European legislature or another competent legislator expires, personal data is routinely blocked or deleted in accordance with legal requirements.

Legal Basis for Processing

Article 6 (1) lit. (a) GDPR serves as the legal basis for my company for processing operations in which I obtain consent for a specific processing purpose. If the processing of personal data is necessary to fulfil a contract to which the data subject is a party, such as in the case of processing operations necessary for the delivery of goods or the provision of another service or performance, the processing is based on Article 6 (1) lit. (b) GDPR. The same applies to such processing operations that are necessary to carry out pre-contractual measures, for example in cases of enquiries about my products or services. If my company is subject to a legal obligation that requires the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Article 6 (1) lit. (c) GDPR. In rare cases, processing of personal data might be required to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured in my premises and his or her name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third parties. In that case, processing would be based on Article 6 (1) lit. (d) GDPR. Finally, processing operations could be based on Article 6 (1) lit. (f) GDPR. This legal basis applies to processing operations not covered by any of the aforementioned legal bases where processing is necessary to safeguard a legitimate interest of my company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the data subject do not outweigh this. Such processing operations are permitted to me in particular because they have been specifically mentioned by the European legislature. To that extent, it took the view that a legitimate interest could be assumed where the data subject is a customer of the controller (Recital 47 sentence 2 GDPR).

Legitimate Interests in Processing Pursued by the Controller or a Third Party

Where processing of personal data is based on Article 6 (1) lit. (f) GDPR, my legitimate interest is the conduct of my business activities for the benefit of the well-being of all my employees and shareholders.

Duration for which Personal Data is Stored

The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted, provided it is no longer required for contract fulfilment or contract initiation.

Legal or Contractual Provisions for the Provision of Personal Data

Legal or contractual provisions for the provision of personal data; necessity for contract conclusion; obligation of the data subject to provide personal data; possible consequences of non-provision: I inform you that the provision of personal data is sometimes required by law (e.g. tax regulations) or may also result from contractual arrangements (e.g. information about the contracting party). In some cases, it may be necessary for a contract to be concluded that a data subject provides me with personal data, which must then be processed by me. The data subject is, for example, obliged to provide me with personal data if my company concludes a contract with them. Failure to provide personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject should contact one of my employees. My employees will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for contract conclusion, whether there is an obligation to provide personal data, and what consequences non-provision of personal data would have.

Existence of Automated Decision-Making

As a responsible company, I refrain from automatic decision-making or profiling.

Rights of the Data Subject

Right to Confirmation

Every data subject has the right granted by the European legislature to demand confirmation from the controller as to whether personal data relating to them is being processed. If a data subject wishes to exercise this right to confirmation, they can contact an employee of the controller at any time.

Right to Access

Every data subject affected by the processing of personal data has the right granted by the European legislature to obtain from the controller, at any time and free of charge, confirmation of whether their personal data is being processed and a copy of this information. Furthermore, the European legislature has granted the data subject the right to obtain the following information:

the purposes of processing; the categories of personal data being processed; the recipients or categories of recipients to whom personal data has been or will be disclosed, in particular to recipients in third countries or international organisations; if possible, the intended duration of storage of personal data, or, if not possible, the criteria for determining this duration; the existence of a right to request rectification or erasure of their personal data or to restrict processing by the controller, or a right to object to this processing; the existence of a right to lodge a complaint with a supervisory authority; if personal data was not collected from the data subject: all available information about the source of the data; the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) GDPR and – at least in those cases – meaningful information about the logic involved and the significance and intended consequences of such processing for the data subject.

Furthermore, the data subject has the right to be informed whether personal data has been transferred to a third country or an international organisation. If this is the case, the data subject has the right to be informed of the appropriate safeguards in connection with the transfer. If a data subject wishes to exercise this right to access, they can contact an employee of the controller at any time.

Right to Rectification

Every data subject affected by the processing of personal data has the right granted by the European legislature to request immediate rectification of inaccurate personal data relating to them. Furthermore, the data subject has the right to request, taking into account the purposes of processing, the completion of incomplete personal data – also by means of a supplementary statement. If a data subject wishes to exercise this right to rectification, they can contact an employee of the controller at any time.

Right to Erasure (Right to be Forgotten)

Every data subject affected by the processing of personal data has the right granted by the European legislature to request that the controller erase without undue delay personal data relating to them, if one of the following grounds applies and insofar as processing is not required:

The personal data was collected or otherwise processed for purposes for which it is no longer necessary. The data subject withdraws their consent on which the processing was based pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal basis for processing. The data subject objects to processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for processing, or the data subject objects to processing pursuant to Article 21(2) GDPR. The personal data has been unlawfully processed. Erasure of personal data is necessary for compliance with a legal obligation under EU law or the law of the Member States to which the controller is subject. The personal data was collected in relation to information society services offered pursuant to Article 8(1) GDPR.

If one of the above grounds applies and a data subject wishes to request erasure of personal data stored by David Gollasch, they can contact an employee of the controller at any time. The employee of David Gollasch will ensure that the erasure request is complied with without undue delay.

If personal data has been made public by David Gollasch and the company is obliged as a controller pursuant to Article 17(1) GDPR to erase personal data, David Gollasch will take appropriate measures, including technical measures, taking into account available technology and implementation costs, to inform other controllers processing the published personal data that the data subject has requested erasure of all links to this personal data or copies or replications of this personal data from these other controllers, insofar as processing is not required. The employee of David Gollasch will take the necessary steps on a case-by-case basis.

Right to Restrict Processing

Every data subject affected by the processing of personal data has the right granted by the European legislature to request that the controller restrict processing where one of the following conditions applies:

The accuracy of the personal data is contested by the data subject for a period that enables the controller to verify the accuracy of the personal data. Processing is unlawful and the data subject opposes erasure of the personal data and instead requests restriction of the use of the personal data. The controller no longer needs the personal data for the purposes of processing, but the data subject needs it for the establishment, exercise or defence of legal claims. The data subject has objected to processing pursuant to Article 21(1) GDPR and it has not yet been established whether the controller’s legitimate grounds override those of the data subject.

If one of the above conditions applies and a data subject wishes to request restriction of personal data stored by David Gollasch, they can contact an employee of the controller at any time. The employee of David Gollasch will ensure that processing is restricted.

Right to Data Portability

Every data subject affected by the processing of personal data has the right granted by the European legislature to receive personal data relating to them which they have provided to a controller in a structured, commonly used and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR and processing is carried out by automated means, insofar as processing is not necessary for the performance of a task carried out in the public interest or in the exercise of public authority vested in the controller.
Furthermore, when exercising their right to data portability pursuant to Article 20(1) GDPR, the data subject has the right to obtain direct transmission of personal data from one controller to another, insofar as this is technically feasible and does not adversely affect the rights and freedoms of others.
To exercise the right to data portability, the data subject can contact an employee of David Gollasch at any time.

Right to Object

Every data subject affected by the processing of personal data has the right granted by the European legislature to object, on grounds relating to their particular circumstances, at any time to the processing of personal data relating to them carried out on the basis of Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions. In the event of an objection, David Gollasch will no longer process the personal data, unless I can demonstrate compelling legitimate grounds for the processing that override the interests, rights and freedoms of the data subject, or the processing is necessary for the establishment, exercise or defence of legal claims.
If David Gollasch processes personal data for the purposes of direct marketing, the data subject has the right to object at any time to the processing of personal data for the purpose of such marketing. This also applies to profiling insofar as it is connected with such direct marketing. If the data subject objects to David Gollasch’s processing for direct marketing purposes, David Gollasch will no longer process the personal data for these purposes.
Furthermore, the data subject has the right, on grounds relating to their particular circumstances, to object to the processing of personal data relating to them carried out by David Gollasch for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) GDPR, unless such processing is necessary for the performance of a task in the public interest.
To exercise the right to object, the data subject can contact any employee of David Gollasch at any time. The data subject is furthermore free, in the context of the use of information society services, notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.

Automated Decision-Making

Every data subject affected by the processing of personal data has the right granted by the European legislature not to be subject to a decision based solely on automated processing – including profiling – that produces legal effects concerning them or similarly significantly affects them, unless the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is permissible on the basis of Union or Member State law to which the controller is subject, and such law includes appropriate safeguards for the rights, freedoms and legitimate interests of the data subject, or (3) is made with the explicit consent of the data subject.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller or (2) is made with the explicit consent of the data subject, David Gollasch will take appropriate safeguards to protect the rights, freedoms and legitimate interests of the data subject, which include at least the right to obtain human intervention by the controller, to express their point of view and to contest the decision.
If a data subject wishes to exercise rights relating to automated decision-making, they can contact an employee of the controller at any time.

Right to Withdraw Consent

Every data subject affected by the processing of personal data has the right granted by the European legislature to withdraw their consent to the processing of personal data at any time.
If a data subject wishes to exercise their right to withdraw consent, they can contact an employee of the controller at any time.

Contact options and interaction on the website

Use of Services and Plugins

This privacy policy was created, among other things and translations, by the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an external data protection officer for Lower Franconia, in cooperation with the data protection lawyers of the law firm WILDE BEUGER SOLMECKE | Rechtsanwälte.

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