The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject (in the following called “user”) shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to my business, which is based in Germany. By means of this data protection declaration, I will explain the nature, scope, and purpose of the personal data I collect, use and process. Furthermore, I will tell you about the rights to which you are entitled.
As the controller, I have 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 I can not grant absolute protection. For this reason, every data subject is free to contact me via alternative means, e.g. by telephone or mail.
1. DefinitionsThe data protection declaration of vankirsch.de is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). As for specific terms like “Controller” or “Processing” you can read about it in Art. 4 GDPR.
2. Name and Address of the controllerController 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:
You may, at any time, prevent the setting of cookies through my website by means of a setting of the Internet browser used, and thus permanently deny the setting of cookies. Furthermore, already set cookies can be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If you deactivate the setting of cookies in the Internet browser used, not all functions of my website may be entirely usable.
4. Collection of general data and informationI or my webhost, siteground.com, collect a series of general data and information when a user or automated system calls up the website. This general data and information are stored by my webhost 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 my 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 my information technology systems. This personal data is collected by me on the base of my legitimate interests to ensure an efficient and secure delivery of my website’s content (Art. 6 (1) lit. f GDPR). This data is only stored for a few hours and used by my webhost for creating pseudonymized usage statistics.
5. Contact possibility via the website Vankirsch.de contains information that enables a quick electronic contact, as well as direct communication with me, which also includes an e-mail address. If a user contacts me by e-mail or via my contact form, the personal data transmitted by the user are automatically stored. Such personal data transmitted on a voluntary basis are stored for the purpose of contacting the user back. There is no transfer of this personal data to third parties.
6. Routine erasure and blocking of personal dataGenerally, I store the user’s data 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.
7. Rights of the user/data subject
- a) Right of confirmationEach user has the right granted by the European legislator to obtain from me the confirmation as to whether or not personal data concerning him or her are being processed. If a user wishes to avail himself of this right of confirmation, he or she may, at any time, contact me.
- b) Right of accessEach user has 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:
- the purposes of the processing;
- the categories of personal data concerned;
- 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;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- 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;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- 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 me.
- c) Right to rectification Each user has the right 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. For that, you may contact me at any time.
- d) Right to erasure (Right to be forgotten) Each user has the right to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller has the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The user 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.
- The user 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.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- 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 Progspace, he or she may, at any time, contact me. I 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. I will arrange the necessary measures in individual cases.
- e) Right of restriction of processingEach user has the right to obtain from the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the user, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful and the user opposes the erasure of the personal data and requests instead the restriction of their use instead.
- 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.
- The user 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 my website, he or she may at any time contact me or the controller. I will arrange the restriction of the processing.
- f) Right to data portabilityEach user has the right 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 user has 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 me.
- g) Right to objectEach user has the right 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.
I shall no longer process the personal data in the event of the objection, unless I 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.
In order to exercise the right to object, the data subject may contact me. In addition, the data subject is free to use his or her right to object by automated means.
- h) Right to withdraw data protection consent Each has the right to withdraw his or her consent to processing of his or her personal data at any time. In that case you may, at any time, contact me.
8. Legal basis for the processing Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which I 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 my services.
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 my website or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the user which require protection of personal data.
9. Period for which the personal data will be storedThe 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.
Google is certified by the privacy shield agreement and thus ensures keeping to European data protection laws (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on my behalf to analyze the usage of my website by the users, to create reports on the activites in it. For this it might create pseudonyous profiles of the users.
I only use Google Analytics with active IP anonymization. This means, the IP is shortened within member states of the European Union or other countries within the European ecnonmyic region. Only in special cases the IP will be transferred to a google server in the USA to be shortened there. The user IP transferred to Google will not be combined with other Google data.
Users can prevent the creation of cookies in the browser settings. You can also prevent the collection of the data created by the cookie and the transfer of the data to Google by using the following browser plugin: http://tools.google.com/dlpage/gaoptout?hl=en.
Alternatively, or if you are using a mobile browser, you can click on this link to prevent the collection of data on this website in the future: Analytics-Opt-Out. This places an opt-out cookie on your device (it will only work with this browser on this device and only for this domain). If you delete your cookies you have to click on this link again.
You will find more information on data usage by Google, possible settings and how to contradict to the use of your data on the Google websites: https://policies.google.com/privacy/partners