1. Name and address of the controller
The controller as defined in the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is:
GBV Dillenburg GmbH (GBV)
Eiershäuser Straße 54
35713 Eschenburg, Germany
Phone: +49 2774 8005-0
Email address: firstname.lastname@example.org
2. Name and address of the data protection officer
The data protection officer of the controller is:
DS Datenschutz Christoph Larsen
51647 Gummersbach, Germany
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4. Creation of log files
Every time the website is accessed, GBV collects data and information with an automated system and stores it in the server’s log files.
The automated system can collect the following data:
(1) Information about the type of browser and the browser version
(2) The user’s operating system
(3) The user’s internet service provider
(4) The user’s IP address
(5) Date and time accessed
(6) Referring websites
(7) Websites accessed by the user’s system from our website
The purpose of processing the data is to supply our website content, optimize our website and ensure our information technology systems are working properly. Log file data is always stored separately from the users’ other personal data.
5. Registration on our website
If the data subject uses the option to register on the controller’s website by providing personal data, the data in the input form will be transferred to the controller. The data will be stored exclusively for the purpose of being used internally by the controller.
During registration, the user’s IP address is stored along with the date and time of registration. This is done to prevent any misuse of the services. We will not share this data with third parties unless we are required to do so by law.
Registration is required to provide content or services. Registered individuals can always have the stored data deleted or changed. The data subject always has the right to access personal data which has been stored concerning him or her.
When a data subject subscribes to our company’s newsletter, the data entered in the input form is transferred to the controller.
When subscribing to the newsletter, the user’s IP address is stored along with the date and time of registration. This is done to prevent any misuse of the services or the data subject’s email address. We will not share this data with third parties. unless we are required to do so by law.
The data is used exclusively for sending out the newsletter. Data subjects can terminate the newsletter subscription at any time. Data subjects can also withdraw their consent to the storage of their personal data at any time. This can be done by clicking the unsubscribe link included in every newsletter.
7. Ways to contact us
There is a contact form on GBV’s website that can be used to contact us electronically. Alternatively, we can also be contacted through the email address that we have provided. If the data subject contacts the controller through one of these channels, the personal data transferred by the data subject will be stored automatically. This data is stored exclusively for the purpose of processing or contacting the data subject. We will not share this data with third parties.
8. Routine erasure and blocking of personal data
The controller processes and stores the data subject’s personal data only as long as necessary to achieve the purpose of storing the data. The data may be stored beyond that period where it is prescribed by European or national lawmakers in Union regulations, laws or other rules governing the controller.
Once the purpose of storing the data no longer applies or one of the storage periods required by the above regulations expires, the personal data will be blocked or erased as a matter of routine.
9. Rights of the data subject
Wherever your personal data is processed, you are a data subject as defined in GDPR and you have the following rights vis-à-vis the controller:
9.1 Right of access
You can require the controller to confirm whether or not we process personal data concerning you.
If we do, you have the right to request the following information from the controller:
a. the purposes of the processing;
b. the categories of personal data concerned;
c. the recipients or categories of recipient to whom your personal data has been or will be disclosed;
d. the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
e. the existence of the right to request from the controller rectification or erasure of your personal data or restriction of processing of your personal data or to object to such processing;
f. the right to lodge a complaint with a supervisory authority;
g. where the personal data is not collected from the data subject, any available information as to their source;
h. the existence of automated decision-making, including profiling, referred to in GDPR Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
You have the right to be told whether your personal data is being or has been transferred to a third country or an international organization. In this context, you have the right to be informed of the appropriate safeguards described in GDPR Article 46 relating to the transfer.
9.2 Right to rectification
You have the right to obtain from the controller the rectification and/or completion of processed personal data concerning you if the data is incorrect or incomplete. The controller must rectify the data without undue delay.
9.3 Right to restriction of processing
You have the right to obtain from the controller restriction of processing in any of the following circumstances:
a. you contest the accuracy of the personal data, for a period enabling the controller to verify the accuracy of the personal data;
b. the processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead;
c. the controller no longer needs the personal data for the purposes of the processing, but you require the data for the establishment, exercise or defence of legal claims; or
d. you have objected to processing pursuant to GDPR Article 21(1) pending the verification whether the legitimate grounds of the controller override yours.
Where processing has been restricted, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence 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 of a Member State.
If you have obtained restriction of processing pursuant to the above requirements, you will be informed by the controller before the restriction of processing is lifted.
9.4 Right to erasure
9.4.1. You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller has the obligation to erase personal data without undue delay where one of the following grounds applies:
a. your personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
b. you withdraw consent on which the processing is based according to GDPR Article 6(1) point (a) or Article 9(2) point (a), and where there is no other legal ground for the processing;
c. you object to the processing pursuant to Article GDPR 21(1) and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to GDPR Article 21(2);
d. your personal data has been unlawfully processed;
e. your personal data has to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
f. your personal data has been collected in relation to the offer of information society services referred to in GDPR Article 8(1).
9.4.2. Where the controller has made your personal data public and is obligated pursuant to GDPR Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, must take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, such personal data.
9.4.3. The right to erasure does not apply to the extent that processing is necessary
a. for exercising the right of freedom of expression and information;
b. for compliance with a legal obligation which requires processing by 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;
c. for reasons of public interest in the area of public health in accordance with GDPR Article 9(2) points (h) and (i) as well as Article 9(3);
d. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article GDPR 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
e. for the establishment, exercise or defence of legal claims.
9.5 Right to notification
If you have exercised your right to rectification, erasure or restriction of processing vis-à-vis the controller, the controller must communicate any rectification or erasure of personal data or restriction of processing to every recipient to whom the personal data has been disclosed, unless this proves impossible or impracticable.
The controller must inform you of these recipients if you request it.
9.6 Right to data portability
You have the right to receive your personal data which you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, where:
a. the processing is based on consent pursuant to GDPR Article 6(1) point (a) or Article 9(2) point (a) or on a contract pursuant to GDPR Article 6(1) point (b); and
b. the processing is carried out by automated means.
In exercising this right, you also have the right to have your personal data transmitted directly from one controller to another, where technically feasible. The rights and freedoms of others must not be adversely affected by this right.
The right to data portability 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.
9.7 Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on GDPR Article 6(1) point (e) or (f), including profiling based on those provisions.
The controller will no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
Where personal data is processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
Where you object to processing for direct marketing purposes, your personal data will no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
9.8 Right to withdraw consent to processing
You have the right to withdraw your consent at any time. The withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.
9.9 Automated individual decision-making, 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:
a. is necessary for entering into, or performance of, a contract between you and the data controller;
b. is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
c. is based on your explicit consent.
Such decisions must not be based on special categories of personal data referred to in GDPR Article 9(1), unless GDPR Article 9(2) point (a) or point (g) applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.
In the cases referred to in points (a) and (c), the data controller must implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.
9.10 Right to lodge a complaint with 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 in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
The supervisory authority with which the complaint has been lodged must inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to GDPR Article 78.
10. Legal basis for processing
Where we obtain the data subject’s consent to the processing of personal data, the legal basis for such processing is the EU General Data Protection Regulation (GDPR) Article 6(1) point (a).
Where the processing of personal data is required for the performance of a contract to which the data subject is party, the legal basis for such processing is GDPR Article 6(1) point (b). This also includes processing activities required to perform steps prior to entering into a contract.
Where the processing of personal data is required for compliance with a legal obligation to which our company is subject, the legal basis for such processing is GDPR Article 6(1) point (c).
Where the processing of personal data is necessary to protect an interest which is essential for the life of the data subject or that of another natural person, the legal basis for such processing is GDPR Article 6(1) point (d).
Where the processing of personal data is necessary for the purposes of the legitimate interests pursued by our company or by a third party and such interests are not overridden by the interests or fundamental rights and freedoms of the data subject, the legal basis for such processing is GDPR Article 6(1) point (f). The legitimate interest of our company is the conduct of our business activities.
12. Period for which the personal data is stored
Personal data is stored for the duration of the applicable legal retention period. Once the retention period expires, the data is deleted as a matter of routine unless it is necessary for contract initiation or contract performance.