DATA PROTECTION
Data protection declaration
I. Name and address of the controller
The controller within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the Member States as well as other data protection regulations is:
PATERIS PartmbB
Location in Munich:
Rosenheimer Str. 143 c
81671 Munich
Germany
Phone: + 49 (0) 89 18931280
E-mail: muenchen@pateris.de
Website: www.pateris.de
Location in Berlin:
Danckelmannstr. 9
14059 Berlin
Germany
Phone: + 49 (0) 30 79748438
E-mail: berlin@pateris.de
Website: www.pateris.de
II. Name and address of the data protection officer
The data protection officer of the controller is:
Beate Etebier
PATERIS PartmbB
Danckelmannstr. 9
14059 Berlin
Germany
Phone: + 49 (0) 30 79748438
E-mail: datenschutz@pateris.de
III. General information on data processing
1. Scope of the processing of personal data
We process our users’ personal data only to the extent necessary to provide a functioning website and to provide our content and services. The processing of personal data of our users takes place regularly only after consent of the user. An exception applies in those cases where prior consent cannot be obtained for real reasons and the processing of the data is permitted by law.
2. Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for the processing of personal data, Article 6 para. 1 lit. a GDPR serves as the legal basis.
For processing of personal data required for the performance of a contract to which the data subject is a party, Article 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.
Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, Article 6 para. 1 lit. c GDPR serves as the legal basis.
In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6(1)(d) GDPR serves as the legal basis.
If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Article 6 para. 1 lit. f GDPR serves as the legal basis for processing.
3. Data erasure and storage time
The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU 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 need for further storage of the data for the conclusion or fulfilment of a contract.
IV. Provision of the website and creation of log files
1. Description and scope of data processing
Every time you visit our website, our system automatically collects data and information from the computer system of the calling computer.
The following data is collected:
(1) Information about the browser type and version used
(2) The user’s operating system
(3) Websites from which the user’s system reaches our website
(4) Hostname of the user’s system
(5) Date and time of access
(6) The user’s IP address
The data is stored in the log files of our system. This data is not stored together with other personal data of the user.
2. Legal basis for data processing
The legal basis for the temporary storage of data and log files is Article 6 para. 1 lit. f GDPR.
3. Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this the IP address of the user must remain stored for the duration of the session.
The data is stored in log files to ensure the functionality of the website. In addition, the data serves us 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 pursuant to Article 6 para. 1 lit. f GDPR.
4. Duration of storage
The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
If the data is stored in log files, this is the case after 90 days at the latest. Further storage is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.
5. Possibility of opposition and elimination
The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.
V. Use of the Vimeo plugin
1. Description and scope of data processing
We use the provider Vimeo for the integration of videos. Vimeo is operated by Vimeo, Inc., 555 West 18th Street, New York, New York 10011.
On some of our internet pages of our website we use plugins from the provider Vimeo. When users access the internet pages of our website provided with such a plugin and click on the button “play” of the video, a connection to the Vimeo servers is established and the plugin is displayed. The IP address of the user is transmitted to the Vimeo servers. In addition, Vimeo receives the information which of our internet pages the user has visited. If the user is simultaneously logged in as a member of Vimeo, Vimeo assigns this information to the user’s personal user account. When clicking the button “play” of a video, this information is also assigned to the user’s account.
2. Legal basis for data processing
The transmission of the user’s IP address described above only takes place after the button “play” of a video is clicked. There is no automatic data transmission. By clicking the button “play” you expressly agree with the data transfer. The legal basis for the processing of data is Art. 6 para. 1 lit. A GDPR.
3. Purpose of data processing
By using the service of Vimeo, we can show the user videos directly on our website.
4. Duration of storage, possibility of objection and elimination
We do not store any data when the Vimeo plugin is used.
Users can prevent their data from being assigned by logging out of their Vimeo account and deleting the corresponding Vimeo cookies before using our website.
Users have a right of objection to the creation of user profiles, whereby the respective user has to contact Vimeo directly to exercise this right. For further information on Vimeo’s data processing and privacy policy, please visit https://vimeo.com/privacy.
VI. Contact by e-mail
1. Description and scope of data processing
You can contact us via the e-mail addresses provided. In this case, the user’s personal data transmitted by e-mail will be stored.
In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.
2. Legal basis for data processing
The legal basis for the processing of data transmitted in the course of sending an e-mail is Article 6 para. 1 lit. f GDPR. If the e-mail contact aims at the conclusion of a contract, then additional legal basis for the processing is Article 6 exp. 1 lit. b GDPR.
3. Purpose of data processing
The processing of the personal data transmitted within the framework of establishing contact serves us solely to process the establishment of contact. This also includes the necessary legitimate interest in the processing of the data.
4. Duration of storage
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. For the personal data sent by e-mail, this is the case when the conversation with the user is finished. The conversation is terminated when it can be inferred from the circumstances that the facts in question have been finally clarified.
5. Possibility of opposition and elimination
If the user contacts us by e-mail, he/she can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued. All personal data stored in the course of contacting us will be deleted in this case.
VII. Rights of the data subject
If your personal data is processed, you are affected within the meaning of the GDPR and you have the following rights vis-à-vis the controller:
1. Right to information
You may ask the controller to confirm whether personal data concerning you will be processed by him/her.
If such processing has taken place, you can request the following information from the controller:
(1) The purposes for which the personal data is processed;
(2) The categories of personal data being processed;
(3) The recipients or categories of recipients to whom the personal data concerning you has been or is still being disclosed;
(4) The planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
(5) The existence of a right to rectification or deletion of personal data concerning you, a right to limitation 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 is not collected from the data subject;
(8) The existence of automated decision-making including profiling in accordance with Article 22 para. 1 and 4 GDPR and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate guarantees pursuant to Article 46 GDPR in connection with the transmission.
2. Right to rectification
You have a right of rectification and/or completion vis-à-vis the controller if the personal data processed concerning you is incorrect or incomplete. The controller shall make the correction without delay.
3. Right to limitation of processing
Under the following conditions, you may request that the processing of personal data concerning you be restricted:
(1) If you dispute the accuracy of the personal data concerning you for a period that enables the controller to verify the accuracy of the personal data;
(2) The processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
(3) The controller no longer needs the personal data for the purposes of the processing, but you do need them to assert, exercise or defend legal claims, or
(4) If you have filed an objection to the processing pursuant to Article 21 para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the controller outweigh your reasons.
If the processing of personal data concerning you has been restricted, such data may only be processed – apart from being stored – with your consent or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.
If the processing restriction has been restricted according to the above conditions, you will be informed by the controller before the restriction is lifted.
4. Right to cancellation
a) Duty to delete
You may request the controller to delete the personal data relating to you without delay and the controller is obliged to delete this data without 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 pursuant to Article 6 para. 1 lit. a or Article 9 para. 2 lit. a GDPR, and there is no other legal basis for the processing.
(3) You file an objection against the processing pursuant to Article 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you file an objection against the processing pursuant to Article 21 para. 2 GDPR.
(4) The personal data concerning you have been processed unlawfully.
(5) The deletion of personal data relating to you is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject.
(6) The personal data concerning you were collected in relation to information society services offered pursuant to Article 8 para. 1 GDPR.
b) Information to third parties
If the controller has made the personal data concerning you public and is obliged to delete it pursuant to Article 17 para. 1 GDPR, he/she shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data processors who process the personal data that you as the data subject have requested the deletion of all links to this personal data or of copies or replications of this personal data.
c) Exceptions
The right to cancellation does not exist insofar as the processing is necessary
(1) To exercise freedom of expression and information;
(2) For the performance of a legal obligation required for processing under the law of the Union or of the Member States to which the controller is subject or for the performance of a task in the public interest or in the exercise of official authority conferred on the controller;
(3) For reasons of public interest in the field of public health pursuant to Article 9 para. 2 lit. h and i and Article 9 para. 3 GDPR;
(4) For archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Article 89 para. 1 GDPR, insofar as the law referred to under a) is likely to make it impossible or seriously impair the attainment of the objectives of such processing, or
(5) To assert, exercise or defend legal claims.
5. Right to information
If you have exercised your right to have the controller correct, delete or limit the processing, he/she is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction on processing, unless this proves impossible or involves a disproportionate effort.
You shall have the right vis-à-vis the controller to be informed of such 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. In addition, you have the right to pass this data on to another controller without obstruction by the controller to whom the personal data was provided, provided that
(1) Processing is based on consent pursuant to Article 6 para. 1 lit. a GDPR or Article 9 para. 2 lit. a GDPR or on a contract pursuant to Article 6 para. 1 lit. b GDPR and
(2) Processing is carried out by means of automated methods.
In exercising this right, you also have the right to request 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 transferability shall not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority conferred on the controller.
7. Right of objection
You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you under Article 6(1)(e) or (f) of the GDPR; this also applies to profiling based on these provisions.
The controller no longer processes the personal data concerning you, unless he/she can prove compelling reasons worthy of protection for the processing, which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling, insofar as it is associated with 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 to exercise your right of objection in connection with the use of Information Society Services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.
8. Right to revoke the written declaration of consent
You have the right to revoke your written declaration of consent at any time. The revocation of consent shall not affect the legality of the processing carried out on the basis of the consent until revocation.
9. Automated decision in individual cases including profiling
You have the right not to be subject to a decision based exclusively on automated processing – including profiling – that has legal effect against you or significantly impairs you in a similar manner. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the controller,
(2) the legislation of the Union or of the Member States to which the controller is subject is admissible and that legislation contains appropriate measures to safeguard your rights, freedoms and legitimate interests; or
(3) with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to Article 9 para. 1 GDPR, unless Article 9 para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.
In the cases referred to in (1) and (3), the controller shall take reasonable measures to safeguard your rights, freedoms and legitimate interests, including at least the right to obtain the intervention of a person of the controller, to state his/her own position and to challenge the decision.
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 where you reside, work or the place of alleged infringement, if you believe that the processing of personal data concerning you is contrary to the GDPR.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.