Pri­vacy Policy

We are very deligh­ted that you have shown inte­rest in our enter­prise. Data pro­tec­tion is of a par­ti­cu­larly high prio­rity for the mana­ge­ment of the Henrik Spoh­ler Foto­gra­fie. The use of the Inter­net pages of the Henrik Spoh­ler Foto­gra­fie 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 Henrik Spoh­ler Foto­gra­fie. 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 Henrik Spoh­ler Foto­gra­fie 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 Henrik Spoh­ler Foto­gra­fie 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:

Henrik Spoh­ler Foto­gra­fie
Schwartz­kopff­straße 15
10115 Berlin
Deutsch­land
Tel.: +49 30 5019 3411
E-Mail: mail@hen­riks­poh­ler.de
Web­site: www.hen­riks­poh­ler.de

3. Col­lec­tion of gene­ral data and infor­ma­tion

The web­site of the Henrik Spoh­ler Foto­gra­fie 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 Henrik Spoh­ler Foto­gra­fie 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 Henrik Spoh­ler Foto­gra­fie 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:

  • 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 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:

  • The per­so­nal data are no longer necessary in rela­tion to the pur­po­ses for which they were col­lec­ted or other­wise pro­ces­sed.
  • 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.
  • 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.
  • 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 Henrik Spoh­ler Foto­gra­fie, he or she may, at any time, con­tact any employee of the con­trol­ler. An employee of Henrik Spoh­ler Foto­gra­fie 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 Henrik Spoh­ler Foto­gra­fie 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:

  • 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.
  • The pro­ces­sing is unla­w­ful and the data sub­ject 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 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 Henrik Spoh­ler Foto­gra­fie, he or she may at any time con­tact any employee of the con­trol­ler. The employee of the Henrik Spoh­ler Foto­gra­fie 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 Henrik Spoh­ler Foto­gra­fie.

• 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 Henrik Spoh­ler Foto­gra­fie 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 Henrik Spoh­ler Foto­gra­fie 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 Henrik Spoh­ler Foto­gra­fie to the pro­ces­sing for direct mar­ke­ting pur­po­ses, the Henrik Spoh­ler Foto­gra­fie 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 Henrik Spoh­ler Foto­gra­fie 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 Henrik Spoh­ler Foto­gra­fie. 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 Henrik Spoh­ler Foto­gra­fie 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 Henrik Spoh­ler Foto­gra­fie.

• 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 Henrik Spoh­ler Foto­gra­fie.

6. 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).

7. 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.

8. 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.

9. 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.

10. 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.