Name and contact of the data controller in accordance with Article 4 (7) GDPR
Company: von Beust & Coll. Beratungsgesellschaft mbH & Co KG
Address: Neuer Wall 41, 20354 Hamburg
Phone: +49 40 34961670
Fax: +49 40 349616729
The security and protection of your personal data
We consider it our primary responsibility to respect the confidential nature of the personal data you provide and to protect it from unauthorised access. This is why we practice due care and diligence and apply the latest security standards to maximise the protection of your personal data.
As a private-law company, we are governed by the provisions of the European General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). We have taken technical and organisational measures to ensure that data protection regulations are observed not only by us but also by our external service providers.
The law requires personal data to be processed lawfully, fairly and in a transparent manner in relation to the data subject ("lawfulness, fairness and transparency"). To comply with this requirement, we provide below the definitions of the legal terms used in this data protection policy:
1. 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.
"Processing" means any operation or set of operations which are 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.
3. Restriction of processing
"Restriction of processing" means the marking of stored personal data with the aim of limiting their processing in the future.
"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.
"Pseudonymisation" means 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.
6. Filing system
"Filing system" means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.
"Controller" means 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.
"Processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
"Recipient" means 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 enquiry 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.
10. Third party
"Third party" means 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.
"Consent" of the data subject means 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.
Lawfulness of processing
Processing of personal data is only lawful if there is a legal basis for processing. The legal basis for processing may be, according to Article 6 (1)
Letters a - f GDPR, in particular:
a. the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
b. processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
c. processing is necessary for compliance with a legal obligation to which the controller is subject;
d. processing is necessary in order to protect the vital interests of the data subject or of another natural person;
e. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
f. processing is necessary for the purposes of the legitimate interests pursued by the controller 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, in particular, where the data subject is a child.
Information about the collection of personal data
(1) Below you will find information about the collection of personal data when you use our website. Personal data includes, for example, your name, address, e-mail addresses, user behaviour.
(2) When you contact us by e-mail or using our contact form, we will store the information you provide us with (your e-mail address, or where appropriate, your name and telephone number) to respond to your query. We will erase the data we collected on this basis when it is no longer required or we will restrict the processing where we have to comply with statutory retention requirements.
Collection of personal data when visiting our website
If you use the website for information purposes only, i.e. if you do not register or otherwise provide us with information, we will only collect the personal data that your browser transmits to our server. When you visit our website, we collect the following data that are technically necessary for us to display our website to you and to ensure its stability and security (the legal basis is Article 6 (1) (f) GDPR):
– IP address
– Date and time of the request
– Time zone difference to Greenwich Mean Time (GMT)
– Content of the request (concrete page)
– Access status/HTTP status code
– Amount of data transferred in each case
– Website from which the request originates
– Operating system and its interface
– Language and version of the browser software.
(2) This website uses the following types of cookies, the scope and functionality of which will be explained below:
– Transient cookies (see a.)
– Persistent cookies (see b.).
a. Transient cookies are automatically deleted when you close your browser. These include, in particular, the session cookies. These save a so-called session ID used to attribute different requests from your browser to the joint session. This allows your computer to be recognised when you return to our website. Session cookies are deleted when you log out or close the browser.
b. Persistent cookies are automatically deleted after a specified period, which can differ from cookie to cookie. You can delete cookies at any time in the security settings of your browser.
c. You can configure your browser settings according to your wishes and
e.g. refuse to accept third party cookies or any cookies. So-called "third-party cookies" are cookies that have been set by a third party, i.e. not by the website you are currently visiting. Please note that if you disable cookies, you may not be able to use all the functions and features of this website.
Additional features and offers on our website
(1) In addition to information, our website also offers various services, which you can use if interested. If you decide to use these services, you will typically have to provide us with additional personal data allowing us to provide you with the respective service, which will be governed by the aforementioned data processing principles.
(2) We may use external service providers to process your data. These have been carefully selected and mandated by us, are bound by our instructions and are subject to regular checks.
(3) Furthermore, we may disclose your personal data to third parties if we offer promotions, competitions, contracts or similar services together with partners. You will receive more detailed information on this when you provide your personal data or below the description of the offer.
(4) If our service providers or partners are located in a country outside the European Economic Area (EEA), we will inform you about the implications of this fact in the description of the offer.
Rights of the data subject
(1) Withdrawal of consent
Where processing of personal data is based on your consent, 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.
You can contact us at any time to exercise your right to withdraw consent.
(2) Right to confirmation
You have the right to obtain from us confirmation as to whether or not personal data concerning you are being processed. You can request the confirmation at any time using the contact details above
(3) Right of access
If we are processing personal data concerning you, you have the right to obtain access to the personal data and the following information at any time:
a. the purposes of the processing;
b. the categories of personal data processed;
c. the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
d. where possible, 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 personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
f. the right to lodge a complaint with a supervisory authority;
g. where the personal data are 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 Article 22 (1) and (4) GDPR 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.
Where personal data are transferred to a third country or to an international organisation, you have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer. We shall provide you with a copy of the personal data undergoing processing. We may charge a reasonable fee based on administrative costs for any further copies you request. If you make the request by electronic means, and you do not indicate otherwise, we shall provide the information in a commonly used electronic form. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.
(4) Right to rectification
You have the right to request the correction of your personal data without undue delay. Taking into account the purpose of the data processing, you also have the right to demand the completion of your incomplete personal data – also by means of a supplementary declaration.
(5) Right to erasure ("right to be forgotten")
You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and we have the obligation to erase personal data without undue delay where one of the following grounds applies:
a. the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
b. the data subject withdraws consent on which the processing is based according to Article 6 (1) (a), or Article 9 (2) (a) GDPR, and where there is no other legal basis for the processing.
c. The data subject objects to the processing pursuant to Article 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 (2) GDPR.
d. the personal data have been unlawfully processed.
e. the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
f. the personal data have been collected in relation to the offer of information society services referred to in Article 8 (1) GDPR.
Where the controller has made the personal data public and is obliged pursuant to paragraph 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 controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
The right to erasure ("right to be forgotten") does not apply to the extent that processing is necessary:
– for exercising the right of freedom of expression and information;
– 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;
– for reasons of public interest in the area of public health in accordance with Article 9 (2) Letters h and i, as well as Article 9 (3) GDPR;
– for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89 (1) GDPR 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
– for the establishment, exercise or defence of legal claims.
(6) Right to restriction of processing
You have the right to obtain from us a restriction of processing of your personal data where one of the following applies:
a. 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;
b. the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
c. 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; or
d. the data subject has objected to processing pursuant to Article 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted in accordance with the above-mentioned conditions, such personal data shall, with the exception of storage, only be processed with the data subject's 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.
To exercise the right to restriction of processing, data subjects can contact us at any time using the contact details given above.
(7) Right to data portability
You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
a. the processing is based on consent pursuant to Article 6 (1) Letter a or Article 9 (2) Letter a or on a contract pursuant to Article 6 (1) Letter b GDPR; and
b. the processing is carried out by automated means.
In exercising your right to data portability pursuant to paragraph 1, you have the right to have the personal data transmitted directly from one controller to another controller, where technically feasible. Exercising the right to data portability does not affect the right to erasure ("right to be forgotten"). This right does not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
(8) 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 Article 6 (1) Letters e or f GDPR, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates 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.
Where personal data are processed for direct marketing purposes, you as the data subject 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. If you object to processing for direct marketing purposes, the 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.
Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89 (1), you have the right, on grounds relating to your particular situation, to object to processing of personal data concerning you, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
You can exercise your right to object at any time by contacting the relevant controller.
(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 the data subject and a data controller;
b. is 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
c. is based on the data subject's explicit consent.
The data controller 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 to contest the decision.
The data subject can exercise this right at any time by contacting the relevant controller.
(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 this Regulation.
(11) Right to an effective judicial remedy
Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR, you have the right to an effective judicial remedy where you consider that your rights under this Regulation have been infringed as a result of the processing of your personal data in non-compliance with this Regulation.