I. NAME AND ADDRESS OF THE CONTROLLER; IN GENERAL
The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is the company:
P.E.R. Agency GmbH
Ludwig-Erhard-Straße 37
20459 Hamburg
Deutschland
via CEO
Dr. Roland Heintze
Tel.: +49 40 253 185-0
E-Mail: kontakt@per-agency.com
Website: http://www.per-agency.com
Name and address of the data protection officer, in general
The data protection officer of the data controller is:
Markus Gronau
Hohe Bleichen 21
20354 Hamburg
Germany
E-Mail: info@kanzlei-gronau.de
Tel: +49/40/73448377
General information on data processing
1. Scope of the processing of personal data
As a matter of principle, we process the personal data of our users only insofar as it is necessary for the provision of a functional website as well as our content and services. The processing of the personal data of our users is regularly only carried out with the consent of the user. An exception applies in those cases in which it is not possible to obtain prior consent for actual reasons and the processing of the data is permitted by legal regulations.
2. Legal basis for the processing of personal data
Insofar as we obtain the consent of the person in question, or the data subject, for processing operations involving personal data, Art. 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
When processing personal data that is necessary for the performance of a contract to which the person in question is a party, Art. 6 (1) (b) of the GDPR serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
Insofar as the processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject, Art. 6 (1) (c) of the GDPR serves as the legal basis.
In the event that the vital interests of the person in question (data subject) or another natural person make processing of personal data necessary, Art. 6 (1) (d) of the GDPR serves as the legal basis.
If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the person in question (data subject) do not outweigh the first-mentioned interest, Art. 6 (1) (f) of the GDPR serves as the legal basis for the processing.
3. Data deletion and storage period
The personal data of the person in question will be deleted or blocked as soon as the purpose of the storage no longer applies. Storage may also take place if this has been provided for by the European or national legislator in union regulations, laws or other provisions to which the controller is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires unless there is a necessity for the continued storage of the data for the conclusion or fulfilment of a contract.
II. DELIVERY OF THE WEBSITE AND CREATION OF LOG FILES
4. Description and scope of data processing
Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.
The following data is collected:
(1) Information about the type of browser and the version used
(2) The user’s operating system
(3) The user’s Internet service provider
(4) The IP address of the user
(5) Date and time of access
(6) Websites from which the user’s system accesses our website
(7) Websites that are accessed by the user’s system via our website
This data is also stored in the log files of our system. This data is not stored together with other personal data of the user.
5. Legal basis for data processing
The legal basis for the temporary storage of the data and the log files is Art. 6 (1) (f) of the GDPR.
6. Purpose of the data processing
The temporary storage of the IP address by the system is necessary to enable the delivery of the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.
The storage within the log files is done to ensure the functionality of the website. In addition, we use the data 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.
These purposes are also our legitimate interest in data processing according to Art. 6 (1) (f) of the GDPR.
7. Duration of storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the delivery of the website, this is the case when the respective session has ended.
In the case of data stored within log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or distorted, so that an assignment of the calling client is no longer possible.
8. Possibility of objection and removal
The collection of data for the delivery of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility for the user to object.
8. Widerspruchs- und Beseitigungsmöglichkeit
Die Erfassung der Daten zur Bereitstellung der Website und die Speicherung der Daten in Logfiles ist für den Betrieb der Internetseite zwingend erforderlich. Es besteht folglich seitens des Nutzers keine Widerspruchsmöglichkeit.
III. USE OF COOKIES
1. Description and scope of data processing
Our website utilizes cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user’s computer system. When 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. Cookies do not cause any damage to your end device and do not contain viruses, Trojans or other malware.
We use cookies to make our website more user-friendly. Some elements of our website require that the called-up browser can be identified even after a page change. However, this does not mean that we gain immediate knowledge of your identity.
We also use cookies on our website that enable an analysis of the user’s surfing behaviour (see also VI.). These cookies enable us to automatically recognize that you have already been to our website when you visit it again.
When calling up our website, the user is informed about the use of cookies for analysis purposes and his or her consent to the processing of personal data used in this context is obtained. In this context, a reference to this data protection policy is also made.
2. Legal basis for data processing
The legal basis for the processing of personal data using technically necessary cookies is Art. 6 (1) (f) of the GDPR. The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 (1) (a) of the GDPR if the user has consented to this.
3. Purpose of the 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 recognized even after a page change.
The user data collected through technically necessary cookies are not used to create user profiles.
Analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies, we learn how the website is used and can thus constantly optimize our offering.
4. Duration of storage, the possibility of objection and elimination
Cookies are stored on the user’s computer and transmitted to our site by the user. Therefore, you as a user also 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. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all the functions of the website to their full extent.
IV. ANALYSIS TOOLS – TRACKING TOOLS
1. Legal basis for the processing of personal data
The tracking measures listed below and used by us are carried out based on Art. 6 (1) (f) [AJ1] of the GDPR.
2. Purpose of the data processing
With the tracking measures used, we want to ensure a needs-oriented design and the continuous optimization of our website. On the other hand, we use the tracking measures to statistically record the use of our website and to evaluate it for the purpose of optimizing our offering for you. These interests are to be regarded as legitimate within the meaning of the aforementioned regulation.
The respective data processing purposes and data categories can be found in the corresponding tracking tools. You can prevent the recording of your user behavior by refusing your consent on our website (see above III. 1., last paragraph).
3. Google Analytics
For the purpose of demand-oriented design and ongoing optimization of our pages, we use Google Analytics, a web analytics service provided by Google Inc (https://www.google.de/intl/de/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter “Google”). In this context, pseudonymized usage profiles are created and cookies (see under section 4) are used. The information generated by the cookie about your use of this website such as
– Browser type/version,
– Operating system used,
– Referrer URL (the previously visited page),
– Host name of the accessing computer (IP address),
– Time of the server request,
are transmitted to a Google server in the USA and stored there. The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services related to website and internet use for the purposes of market research and demand-oriented design of these web pages. This information may also be transferred to third parties if this is required by law or if third parties process this data on our behalf. Under no circumstances will your IP address be merged with other Google data. The IP addresses are anonymized so that an assignment is not possible (IP masking).
You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of this website.
You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=de).
As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent the collection by Google Analytics by clicking on this link: Disable Google Analytics. An opt-out cookie will be set that prevents the future collection of your data when visiting this website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.
Further information on data protection in connection with Google Analytics can be found, for example, in the Google Analytics help (https://support.google.com/analytics/answer/6004245?hl=de).
4. Google AdWords Conversion Tracking
In order to statistically record the use of our website and to evaluate it for the purpose of optimizing our website for you, we also use Google Conversion Tracking. In this process, Google AdWords sets a cookie (see section 4) on your computer if you have accessed our website via a Google ad.
These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of the AdWords customer’s website and the cookie has not yet expired, Google and the customer can recognize that the user clicked on the ad and was redirected to this page.
Each AdWords customer receives a different cookie. Cookies can therefore not be tracked across AdWords customers’ websites. The information obtained using the conversion cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. The AdWords customers learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users.
If you do not wish to participate in the tracking process, you can also refuse the setting of a cookie required for this – for example, via a browser setting that generally disables the automatic setting of cookies. You can also disable cookies for conversion tracking by setting your browser to block cookies from the “www.googleadservices.com” domain. Google’s privacy policy on conversion tracking can be found here (https://services.google.com/sitestats/de.html).
V. CONTACT FORM AND E-MAIL CONTACT
9. Description and scope of data processing
Our website contains a contact form that can be used for electronic contact. If a user takes advantage of this option, the data entered in the input mask is transmitted to us and stored. The data includes:
a) Name
b) E-Mail address
c) Your message (subject and text)
At the time of sending the message, the following data will also be stored:
(1) The IP address of the user
(2) Date and time of sending
For the processing of the data, your consent is obtained during the sending process and reference is made to this privacy policy.
Alternatively, it is possible to contact us via the e-mail address provided. In this case, the user’s personal data transmitted with the e-mail will be stored. In this context, the data will not be passed on to third parties. The data will be used exclusively for processing the conversation.
10. Legal basis for data processing
The legal basis for the processing of the data is Art. 6 (1) (a) of the GDPR if the user has given their consent. The legal basis for the processing of data transmitted through the course of sending an e-mail is Art. 6 (1) (f) of the GDPR. If the e-mail contact has the intention of concluding a contract, the additional legal basis for the processing is Art. 6 (1) (b) of the GDPR.
11. Purpose of the data processing
The processing of personal data from the input mask serves us solely to process the contact. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in processing the data. The other personal data processed during the sending process serves to prevent misuse of the contact form and to ensure the security of our information technology systems.
12. Duration of storage
The data will be deleted as soon as they are no longer required to achieve 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 is ended when it is clear from the situation that the matter in question has been conclusively clarified.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
13. Possibility of objection and elimination
The user has the possibility to revoke their consent to the processing of personal data at any time. If the user contacts us by e-mail, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued. If you wish to exercise your right of revocation or objection, it is sufficient to send an e-mail to kontakt@per-agency.com. In this case, all personal data stored in the process of contacting us will be deleted.
VI. RIGHTS OF THE PERSON IN QUESTION (DATA SUBJECT)
If personal data of yours is processed, you are a data subject within the meaning of the GDPR and you are entitled to the following rights against the controller:
1. Right of access
You may request confirmation from the controller as to whether personal data concerning you are being processed by us. If such processing is taking place, you may request information from the 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 planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage period,
(5) the existence of a right to rectification or deletion of the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing,
(6) the existence of a right of appeal to a supervisory authority,
(7) any available information on the origin of the data, if the personal data are not collected from the data subject,
(8) the existence of automated decision-making, including profiling, according to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved, and the scope and intended effects of such processing for the data subject.
You have the right to request information about whether personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards according to Art. 46 of the GDPR in connection with the transfer.
2. Right to rectification
You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.
3. Right to restriction of processing
You may request the restriction of the processing of personal data concerning you under the following conditions:
(1) if you contest the accuracy of the personal data concerning you for a period enabling 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 processing it, but you need it for the establishment, exercise or defense of legal claims; or
(4) if you have objected to the processing according to Article 21(1) of the GDPR and it is not yet clear whether the controller’s legitimate grounds override your grounds.
If the processing of personal data concerning you has been restricted, such data may – apart from being stored – only be processed with your consent or for the establishment, exercise or defense 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 a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
4. Right to deletion
a) Obligation to delete
You may request the controller to delete the personal data concerning you without undue delay, and the controller is obliged to delete such data without undue 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 according to Art. 6(1)(a) or Art. 9(2)(a) of the GDPR and there is no other legal basis for the processing.
(3) You object to the processing according to Art. 21 (1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing according to Art. 21 (2) of the GDPR.
(4) The personal data concerning you have been processed unlawfully.
(5) The deletion of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
(6) The personal data concerning you has been collected in relation to information society services offered according to Article 8(1) of the GDPR.
b) Information to third parties
If the controller has made the personal data concerning you public and is obliged to delete it according to Article 17(1) of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they delete all links to or copies or replications of such personal data.
c) Exceptions
The right to deletion does not exist to the extent that the processing is necessary
(1) for the exercise of the right to freedom of expression and information;
(2) for compliance with a legal obligation which requires processing under 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) for reasons of public interest in the area of public health according to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes according to Article 89(1) of the GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
(5) for the assertion, exercise or defense of legal claims.
5. Right to information
If you have asserted the right to rectification, deletion or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or deletion of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right against the controller to be informed about these recipients.
6. Right to data transferability
You have the right to receive the personal data concerning you that you have provided to the controller in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that
(1) the processing is based on consent according to Art. 6(1)(a) of the GDPR or Art. 9(2)(a) of the GDPR or on a contract according to Art. 6(1)(b) of the GDPR and
(2) the processing is carried out with the help of automated procedures.
In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to the transfer of data does 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, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) of the GDPR; this also applies to profiling based on these regulations.
The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.
If the personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to the processing of the personal data concerning you for the purposes of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.
8. Right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the 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 – which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the controller,
(2) is permitted by legal provisions of the Union or the Member States to which the controller is subject, and these legal provisions contain appropriate measures to protect your rights and freedoms as well as your legitimate interests; or
(3) is made with your express consent.
However, these decisions may not be based on special categories of personal data according to Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.
With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on the part of the controller, to express their point of view and to contest the decision.
10. Right to complain 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 within the Member State of your residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 of the GDPR.