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Privacy
Policy
We are very delighted that you have shown interest in our enterprise. Data
protection is of a particularly high priority for us. The use of the
Internet pages of the GbR Schrader-Jung is possible without any indication
of personal data; however, if a data subject wants to use special
enterprise services via our website, processing of personal data could
become necessary. If the processing of personal data is necessary and
there is no statutory basis for such processing, we generally obtain
consent from the data subject.
The processing of personal data, such as the name, address, e-mail
address, or telephone number of a data subject shall always be in line
with the General Data Protection Regulation (GDPR), and in accordance with
the country-specific data protection regulations applicable to the GbR
Schrader-Jung. By means of this data protection declaration, our
enterprise would like to inform the general public of the nature, scope,
and purpose of the personal data we collect, use and process. Furthermore,
data subjects are informed, by means of this data protection declaration,
of the rights to which they are entitled.
As the controller, the GbR Schrader-Jung has implemented numerous
technical and organizational measures to ensure the most complete
protection of personal data processed through this website. However,
Internet-based data transmissions may in principle have security gaps, so
absolute protection may not be guaranteed. For this reason, every data
subject is free to transfer personal data to us via alternative means,
e.g. by telephone.
1. Definitions
The data protection declaration of the GbR Schrader-Jung is based on the
terms used by the European legislator for the adoption of the General Data
Protection Regulation (GDPR). Our data protection declaration should be
legible and understandable for the general public, as well as our
customers and business partners. To ensure this, we would like to first
explain the terminology used.
In this data protection declaration, we use, inter alia, the following
terms:
·
a) Personal data
Personal data means any information relating to an identified or
identifiable natural person (“data subject”). An identifiable natural
person is one who can be identified, directly or indirectly, in particular
by reference to an identifier such as a name, an identification number,
location data, an online identifier or to one or more factors specific to
the physical, physiological, genetic, mental, economic, cultural or social
identity of that natural person.
·
b) Data subject
Data subject is any identified or identifiable natural person, whose
personal data is processed by the controller responsible for the
processing.
·
c) Processing
Processing is any operation or set of operations which is performed on
personal data or on sets of personal data, whether or not by automated
means, such as collection, recording, organisation, structuring, storage,
adaptation or alteration, retrieval, consultation, use, disclosure by
transmission, dissemination or otherwise making available, alignment or
combination, restriction, erasure or destruction.
·
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the
aim of limiting their processing in the future.
·
e) Profiling
Profiling means any form of automated processing of personal data
consisting of the use of personal data to evaluate certain personal
aspects relating to a natural person, in particular to analyse or predict
aspects concerning that natural person's performance at work, economic
situation, health, personal preferences, interests, reliability,
behaviour, location or movements.
·
f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a manner that
the personal data can no longer be attributed to a specific data subject
without the use of additional information, provided that such additional
information is kept separately and is subject to technical and
organisational measures to ensure that the personal data are not
attributed to an identified or identifiable natural person.
·
g) Controller or controller responsible for the
processing
Controller or controller responsible for the processing is the natural or
legal person, public authority, agency or other body which, alone or
jointly with others, determines the purposes and means of the processing
of personal data; where the purposes and means of such processing are
determined by Union or Member State law, the controller or the specific
criteria for its nomination may be provided for by Union or Member State
law.
·
h) Processor
Processor is a natural or legal person, public authority, agency or other
body which processes personal data on behalf of the controller.
·
i) Recipient
Recipient is a natural or legal person, public authority, agency or
another body, to which the personal data are disclosed, whether a third
party or not. However, public authorities which may receive personal data
in the framework of a particular inquiry in accordance with Union or
Member State law shall not be regarded as recipients; the processing of
those data by those public authorities shall be in compliance with the
applicable data protection rules according to the purposes of the
processing.
·
j) Third party
Third party is a natural or legal person, public authority, agency or body
other than the data subject, controller, processor and persons who, under
the direct authority of the controller or processor, are authorised to
process personal data.
·
k) Consent
Consent of the data subject is any freely given, specific, informed and
unambiguous indication of the data subject's wishes by which he or she, by
a statement or by a clear affirmative action, signifies agreement to the
processing of personal data relating to him or her.
2. Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation
(GDPR), other data protection laws applicable in Member states of the
European Union and other provisions related to data protection is:
GbR Schrader-Jung
Schillerstraße 71
10627 Berlin Germany
Phone: +49 (30) 5770 5282 0
Website:
3. Collection of general data and information
The website of the GbR Schrader-Jung collects a series of general data and
information when a data subject or automated system calls up the website.
This general data and information are stored in the server log files.
Collected may be (1) the browser types and versions used, (2) the
operating system used by the accessing system, (3) the website from which
an accessing system reaches our website (so-called referrers), (4) the
sub-websites, (5) the date and time of access to the Internet site, (6) an
Internet protocol address (IP address), (7) the Internet service provider
of the accessing system, and (8) any other similar data and information
that may be used in the event of attacks on our information technology
systems.
When using these general data and information, the GbR Schrader-Jung does
not draw any conclusions about the data subject. Rather, this information
is needed to (1) deliver the content of our website correctly, (2)
optimize the content of our website as well as its advertisement, (3)
ensure the long-term viability of our information technology systems and
website technology, and (4) provide law enforcement authorities with the
information necessary for criminal prosecution in case of a cyber-attack.
Therefore, the GbR Schrader-Jung analyzes anonymously collected data and
information statistically, with the aim of increasing the data protection
and data security of our enterprise, and to ensure an optimal level of
protection for the personal data we process. The anonymous data of the
server log files are stored separately from all personal data provided by
a data subject.
4. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data
subject only for the period necessary to achieve the purpose of storage,
or as far as this is granted by the European legislator or other
legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period
prescribed by the European legislator or another competent legislator
expires, the personal data are routinely blocked or erased in accordance
with legal requirements.
5. Rights of the data subject
·
a) Right of confirmation
Each data subject shall have the right granted by the European legislator
to obtain from the controller the confirmation as to whether or not
personal data concerning him or her are being processed. If a data subject
wishes to avail himself of this right of confirmation, he or she may, at
any time, contact any employee of the controller.
·
b) Right of access
Each data subject shall have the right granted by the European legislator
to obtain from the controller free information about his or her personal
data stored at any time and a copy of this information. Furthermore, the
European directives and regulations grant the data subject access to the
following information:
o
the purposes of the processing;
o
the categories of personal data concerned;
o
the recipients or categories of recipients to whom the personal data have
been or will be disclosed, in particular recipients in third countries or
international organisations;
o
where possible, the envisaged period for which the personal data will be
stored, or, if not possible, the criteria used to determine that period;
o
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;
o
the existence of the right to lodge a complaint with a supervisory
authority;
o
where the personal data are not collected from the data subject, any
available information as to their source;
o
the existence of automated decision-making, including profiling, referred
to in Article 22(1) and (4) of the GDPR and, at least in those cases,
meaningful information about the logic involved, as well as the
significance and envisaged consequences of such processing for the data
subject.
Furthermore, the data subject shall have a right to obtain information as
to whether personal data are transferred to a third country or to an
international organisation. Where this is the case, the data subject shall
have the right to be informed of the appropriate safeguards relating to
the transfer.
If a data subject wishes to avail himself of this right of access, he or
she may, at any time, contact any employee of the controller.
·
c) Right to rectification
Each data subject shall have the right granted by the European legislator
to obtain from the controller without undue delay the rectification of
inaccurate personal data concerning him or her. Taking into account the
purposes of the processing, the data subject shall have the right to have
incomplete personal data completed, including by means of providing a
supplementary statement.
If a data subject wishes to exercise this right to rectification, he or
she may, at any time, contact any employee of the controller.
·
d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator
to obtain from the controller the erasure of personal data concerning him
or her without undue delay, and the controller shall have the obligation
to erase personal data without undue delay where one of the following
grounds applies, as long as the processing is not necessary:
o
The personal data are no longer necessary in relation to the purposes for
which they were collected or otherwise processed.
o
The data subject withdraws consent to which the processing is based
according to point (a) of Article 6(1) of the GDPR, or point (a) of
Article 9(2) of the GDPR, and where there is no other legal ground for the
processing.
o
The data subject objects to the processing pursuant to Article 21(1) of
the GDPR and there are no overriding legitimate grounds for the
processing, or the data subject objects to the processing pursuant to
Article 21(2) of the GDPR.
o
The personal data have been unlawfully processed.
o
The personal data must be erased for compliance with a legal obligation in
Union or Member State law to which the controller is subject.
o
The personal data have been collected in relation to the offer of
information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to
request the erasure of personal data stored by the GbR Schrader-Jung, he
or she may, at any time, contact any employee of the controller. An
employee of GbR Schrader-Jung shall promptly ensure that the erasure
request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant
to Article 17(1) 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 other
controllers processing the personal data that the data subject has
requested erasure by such controllers of any links to, or copy or
replication of, those personal data, as far as processing is not required.
An employees of the GbR Schrader-Jung will arrange the necessary measures
in individual cases.
·
e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator
to obtain from the controller restriction of processing where one of the
following applies:
o
The accuracy of the personal data is contested by the data subject, for a
period enabling the controller to verify the accuracy of the personal
data.
o
The processing is unlawful and the data subject opposes the erasure of the
personal data and requests instead the restriction of their use instead.
o
The controller no longer needs the personal data for the purposes of the
processing, but they are required by the data subject for the
establishment, exercise or defence of legal claims.
o
The data subject has objected to processing pursuant to Article 21(1) of
the GDPR pending the verification whether the legitimate grounds of the
controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes
to request the restriction of the processing of personal data stored by
the GbR Schrader-Jung, he or she may at any time contact any employee of
the controller. The employee of the GbR Schrader-Jung will arrange the
restriction of the processing.
·
f) Right to data portability
Each data subject shall have the right granted by the European legislator,
to receive the personal data concerning him or her, which was provided to
a controller, in a structured, commonly used and machine-readable format.
He or she shall have the right to transmit those data to another
controller without hindrance from the controller to which the personal
data have been provided, as long as the processing is based on consent
pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article
9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1)
of the GDPR, and the processing is carried out by automated means, as long
as the processing is not necessary for the performance of a task carried
out in the public interest or in the exercise of official authority vested
in the controller.
Furthermore, in exercising his or her right to data portability pursuant
to Article 20(1) of the GDPR, the data subject shall have the right to
have personal data transmitted directly from one controller to another,
where technically feasible and when doing so does not adversely affect the
rights and freedoms of others.
In order to assert the right to data portability, the data subject may at
any time contact any employee of the GbR Schrader-Jung.
·
g) Right to object
Each data subject shall have the right granted by the European legislator
to object, on grounds relating to his or her particular situation, at any
time, to processing of personal data concerning him or her, which is based
on point (e) or (f) of Article 6(1) of the GDPR. This also applies to
profiling based on these provisions.
The GbR Schrader-Jung shall no longer process the personal data in the
event of the objection, unless we can demonstrate compelling legitimate
grounds for the processing which override the interests, rights and
freedoms of the data subject, or for the establishment, exercise or
defence of legal claims.
If the GbR Schrader-Jung processes personal data for direct marketing
purposes, the data subject shall have the right to object at any time to
processing of personal data concerning him or her for such marketing. This
applies to profiling to the extent that it is related to such direct
marketing. If the data subject objects to the GbR Schrader-Jung to the
processing for direct marketing purposes, the GbR Schrader-Jung will no
longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or
her particular situation, to object to processing of personal data
concerning him or her by the GbR Schrader-Jung for scientific or
historical research purposes, or for statistical purposes pursuant to
Article 89(1) of the GDPR, unless the processing is necessary for the
performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any
employee of the GbR Schrader-Jung. In addition, the data subject is free
in the context of the use of information society services, and
notwithstanding Directive 2002/58/EC, to use his or her right to object by
automated means using technical specifications.
·
h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator
not to be subject to a decision based solely on automated processing,
including profiling, which produces legal effects concerning him or her,
or similarly significantly affects him or her, as long as the decision (1)
is not is necessary for entering into, or the performance of, a contract
between the data subject and a data controller, or (2) is not authorised
by Union or Member State law to which the controller is subject and which
also lays down suitable measures to safeguard the data subject's rights
and freedoms and legitimate interests, or (3) is not based on the data
subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of,
a contract between the data subject and a data controller, or (2) it is
based on the data subject's explicit consent, the GbR Schrader-Jung shall
implement suitable measures to safeguard the data subject's rights and
freedoms and legitimate interests, at least the right to obtain human
intervention on the part of the controller, to express his or her point of
view and contest the decision.
If the data subject wishes to exercise the rights concerning automated
individual decision-making, he or she may, at any time, contact any
employee of the GbR Schrader-Jung.
·
i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator
to withdraw his or her consent to processing of his or her personal data
at any time.
If the data subject wishes to exercise the right to withdraw the consent,
he or she may, at any time, contact any employee of the GbR Schrader-Jung.
6. Data protection for applications and the application procedures
The data controller shall collect and process the personal data of
applicants for the purpose of the processing of the application procedure.
The processing may also be carried out electronically. This is the case,
in particular, if an applicant submits corresponding application documents
by e-mail or by means of a web form on the website to the controller. If
the data controller concludes an employment contract with an applicant,
the submitted data will be stored for the purpose of processing the
employment relationship in compliance with legal requirements. If no
employment contract is concluded with the applicant by the controller, the
application documents shall be automatically erased two months after
notification of the refusal decision, provided that no other legitimate
interests of the controller are opposed to the erasure. Other legitimate
interest in this relation is, e.g. a burden of proof in a procedure under
the General Equal Treatment Act (AGG).
7. Data protection provisions about the application and use of Google
Analytics (with anonymization function)
On this website, the controller has integrated the component of Google
Analytics (with the anonymizer function). Google Analytics is a web
analytics service. Web analytics is the collection, gathering, and
analysis of data about the behavior of visitors to websites. A web
analysis service collects, inter alia, data about the website from which a
person has come (the so-called referrer), which sub-pages were visited, or
how often and for what duration a sub-page was viewed. Web analytics are
mainly used for the optimization of a website and in order to carry out a
cost-benefit analysis of Internet advertising.
The operator of the Google Analytics component is Google Inc., 1600
Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.
For the web analytics through Google Analytics the controller uses the
application "_gat. _anonymizeIp". By means of this application the IP
address of the Internet connection of the data subject is abridged by
Google and anonymised when accessing our websites from a Member State of
the European Union or another Contracting State to the Agreement on the
European Economic Area.
The purpose of the Google Analytics component is to analyze the traffic on
our website. Google uses the collected data and information, inter alia,
to evaluate the use of our website and to provide online reports, which
show the activities on our websites, and to provide other services
concerning the use of our Internet site for us.
Google Analytics places a cookie on the information technology system of
the data subject. The definition of cookies is explained above. With the
setting of the cookie, Google is enabled to analyze the use of our
website. With each call-up to one of the individual pages of this Internet
site, which is operated by the controller and into which a Google
Analytics component was integrated, the Internet browser on the
information technology system of the data subject will automatically
submit data through the Google Analytics component for the purpose of
online advertising and the settlement of commissions to Google. During the
course of this technical procedure, the enterprise Google gains knowledge
of personal information, such as the IP address of the data subject, which
serves Google, inter alia, to understand the origin of visitors and
clicks, and subsequently create commission settlements.
The cookie is used to store personal information, such as the access time,
the location from which the access was made, and the frequency of visits
of our website by the data subject. With each visit to our Internet site,
such personal data, including the IP address of the Internet access used
by the data subject, will be transmitted to Google in the United States of
America. These personal data are stored by Google in the United States of
America. Google may pass these personal data collected through the
technical procedure to third parties.
The data subject may, as stated above, prevent the setting of cookies
through our website at any time by means of a corresponding adjustment of
the web browser used and thus permanently deny the setting of cookies.
Such an adjustment to the Internet browser used would also prevent Google
Analytics from setting a cookie on the information technology system of
the data subject. In addition, cookies already in use by Google Analytics
may be deleted at any time via a web browser or other software programs.
In addition, the data subject has the possibility of objecting to a
collection of data that are generated by Google Analytics, which is
related to the use of this website, as well as the processing of this data
by Google and the chance to preclude any such. For this purpose, the data
subject must download a browser add-on under the link
https://tools.google.com/dlpage/gaoptout and install it. This browser
add-on tells Google Analytics through a JavaScript, that any data and
information about the visits of Internet pages may not be transmitted to
Google Analytics. The installation of the browser add-ons is considered an
objection by Google. If the information technology system of the data
subject is later deleted, formatted, or newly installed, then the data
subject must reinstall the browser add-ons to disable Google Analytics. If
the browser add-on was uninstalled by the data subject or any other person
who is attributable to their sphere of competence, or is disabled, it is
possible to execute the reinstallation or reactivation of the browser
add-ons.
Further information and the applicable data protection provisions of
Google may be retrieved under
https://www.google.com/intl/en/policies/privacy/ and under
http://www.google.com/analytics/terms/us.html. Google Analytics is further
explained under the following Link https://www.google.com/analytics/.
8. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations
for which we obtain consent for a specific processing purpose. If the
processing of personal data is necessary for the performance of a contract
to which the data subject is party, as is the case, for example, when
processing operations are necessary for the supply of goods or to provide
any other service, the processing is based on Article 6(1) lit. b GDPR.
The same applies to such processing operations which are necessary for
carrying out pre-contractual measures, for example in the case of
inquiries concerning our products or services. Is our company subject to a
legal obligation by which processing of personal data is required, such as
for the fulfillment of tax obligations, the processing is based on Art.
6(1) lit. c GDPR. In rare cases, the processing of personal data may be
necessary to protect the vital interests of the data subject or of another
natural person. This would be the case, for example, if a visitor were
injured in our company and his name, age, health insurance data or other
vital information would have to be passed on to a doctor, hospital or
other third party. Then the processing would be based on Art. 6(1) lit. d
GDPR. Finally, processing operations could be based on Article 6(1) lit. f
GDPR. This legal basis is used for processing operations which are not
covered by any of the abovementioned legal grounds, if processing is
necessary for the purposes of the legitimate interests pursued by our
company or by a third party, except where such interests are overridden by
the interests or fundamental rights and freedoms of the data subject which
require protection of personal data. Such processing operations are
particularly permissible because they have been specifically mentioned by
the European legislator. He considered that a legitimate interest could be
assumed if the data subject is a client of the controller (Recital 47
Sentence 2 GDPR).
9. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR
our legitimate interest is to carry out our business in favor of the
well-being of all our employees and the shareholders.
10. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is
the respective statutory retention period. After expiration of that
period, the corresponding data is routinely deleted, as long as it is no
longer necessary for the fulfillment of the contract or the initiation of
a contract.
11. Provision of personal data as statutory or contractual requirement;
Requirement necessary to enter into a contract; Obligation of the data
subject to provide the personal data; possible consequences of failure to
provide such data
We clarify that the provision of personal data is partly required by law
(e.g. tax regulations) or can also result from contractual provisions
(e.g. information on the contractual partner). Sometimes it may be
necessary to conclude a contract that the data subject provides us with
personal data, which must subsequently be processed by us. The data
subject is, for example, obliged to provide us with personal data when our
company signs a contract with him or her. The non-provision of the
personal data would have the consequence that the contract with the data
subject could not be concluded. Before personal data is provided by the
data subject, the data subject must contact any employee. The employee
clarifies to the data subject whether the provision of the personal data
is required by law or contract or is necessary for the conclusion of the
contract, whether there is an obligation to provide the personal data and
the consequences of non-provision of the personal data.
12. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or
profiling.
This Privacy Policy has been generated by the Privacy Policy Generator of
the External
Data Protection Officers that was developed in cooperation with
the Media
Law Lawyers from WBS-LAW.
For further information please contact:
Mr. Martin Jung
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