PRIVACY

Privacy policy for the website körperformen.com and its respective subpages.

Name and address of the data controller

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:

Kenti Consulting GmbH
Marienkirchstrasse 3
53757 Sankt Augustin
Tel.: +49 (0) 2241 93 23 330
Email: [email protected]

Deviating from this, the studio operators listed under www.körperformen.com/impressum/ under the keyword “Locations” are responsible for the following page content and data processing operations:

• Acceptance of bookings for trial training sessions,
• jobs offered under the keyword “Job vacancies” as well as the receipt and processing of applications submitted thereon.

To this extent, Kenti Consulting GmbH is the processor for the studio operators within the meaning of Article 28 GDPR.

In the context of this privacy policy, the terms listed below are used as follows:

“Kenti”

Refers to Kenti Consulting GmbH.

“Studio operator”

Denotes the operator of one or more studios as can be seen from the Legal notice.

“We”

Denotes the responsible party. This is Kenti as standard, only with regard to the acceptance of trial bookings and job descriptions as well as the applications received in this respect this is the respective Studio operator.

“Data controller”

Refers to Kenti as standard, only in relation to the acceptance of trial bookings and job descriptions as well as the applications received, this is the respective Studio operator.

Corporate data protection officer

The corporate data protection officer of Kenti is

Regina Keil
Marienkirchstrasse 3
53757 Sankt Augustin
Tel.: +49 (0) 2241 93 23 330
Email: [email protected]

I. General information on data processing

1. Scope to which personal data are processed

In principle, we process the personal data of our users only to the extent necessary for the provision of a functional website and our content and services. The processing of the personal data of our users takes place regularly only with the consent of the user. An exception applies in those cases where prior consent cannot be obtained for legal or factual reasons and the processing of the data is permitted by law.

2. Legal basis for processing personal data

Insofar as we obtain the consent of the data subject for processing personal data, Article 6(1)(a) of the General Data Protection Regulation (GDPR) is the legal basis.
For the processing of personal data necessary for performance of a contract to which the data subject is a party, Article 6(1)(b) of the GDPR is the legal basis. This also applies to processing necessary for pre-contractual activities.
Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Article 6(1)(c) of the GDPR is the legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6(1)(d) of the GDPR is the legal basis.
If the processing is necessary to safeguard the legitimate interests of our company or a third party, insofar as the interests, fundamental rights and fundamental freedoms of the data subject do not prevail, Article 6(1)(f) of the GDPR is the legal basis for processing.

3. Data deletion and storage period

The data subject’s personal data will be deleted or blocked as soon as the purpose of storage ceases to exist. Furthermore, data may be stored if this has been provided by the European or national legislation in EU regulations, laws or other provisions to which the data controller is subject. We will block or delete data once the prescribed retention period has expired, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.

II. 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 accessing computer.

The following data are collected:

• Browser type and version
• Operating system used
• Referrer URL
• Host name of the accessing computer
• Time of the server request
• IP address

The data are also stored in the log files of our system. Your personal data are not combined with data from other sources.

2. Storage duration

The data are stored for the purpose of error analysis.

3. Legitimate interest

Our legitimate interest in data processing also lies in the error analysis and the maintenance of the possibility of using our website that is made possible by this.

4. Storage duration

The data are deleted after a maximum of one year.

5. Legal basis

The legal basis for the temporary storage of data and the log files is Article 6(1)(f) of the GDPR.

6. Objection and elimination option

Collection of data for the provision of the website and storage of data in log files is absolutely necessary for operation of the website. Consequently, there is no option to object on the part of the user.

III. Use of cookies

The following section describes the use of functional cookies. For the cookies that are set to embed YouTube videos and website analysis, please read sections V to VIII.

[borlabs-cookie type=”btn-cookie-preference” title=”Cookie Einstellungen”/]

1. Description and scope of data processing

The körperformen.com website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the computer system of the user. If a user visits a website, a cookie may be stored on the operating system of the user. This cookie contains a distinctive character string that enables unique identification of the browser when the website is accessed again.

We use cookies to make our website more user-friendly. Some elements of our website require that the requesting browser be identified even after changing website.

2. Legal basis for data processing

The legal basis for the processing of personal data using cookies is Article 6(1)(f) of the GDPR.

3. Purpose of the data processing

The purpose of using technically necessary cookies is to facilitate the use of websites by users. Some features of our website will not be available if the use of cookies is disabled. For these features, the browser must be able to be identified even after the user has changed websites.

We require cookies for the following applications:

Booking a free trial training session

User data collected through technically necessary cookies shall not be used to create user profiles. For these purposes, our legitimate interest also lies in the processing of personal data pursuant to Article 6(1)(f) of the GDPR.

4. Duration of storage, option to object and request removal

Cookies are stored on the computer of the user and are transmitted to our site. This means that as a user you maintain full control over the use of cookies. You can disable or restrict the transfer of cookies by changing the settings in your browser. You can delete already saved cookies at any time. You can also do this automatically. If cookies are disabled for our website, it may no longer be possible to use all of the features of the website.

If you do not disable the transmission of cookies or do not actively delete the cookies, they will be deleted after the end of the browser session even without your participation.

IV. Google Analytics

1. Description and scope of data processing

This website uses features of the web analysis service, Google Analytics. The provider is Google LLC., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA Google Analytics uses so-called “Cookies”. These are text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of the website is usually transmitted to and stored by Google on servers in the United States.

We have activated the IP anonymisation feature on this website. Your IP address will therefore be truncated by Google within the European Union or other parties to the Agreement on the European Economic Area prior to transmission to the United States. The full IP address will only be transmitted to a Google server in the USA and shortened there in exceptional cases. On behalf of the operator of this website, Google will use this information to analyse your use of the website, compile reports regarding website activity, and provide other services to the website operator relating to website and internet usage. The IP address provided by your browser in the framework of Google Analytics will not be combined with other data from Google. We have concluded an order data processing contract with Google for the purpose of using Google Analytics.

2. Legal basis

Google Analytics cookies are stored on the basis of Article 6(1)(f) GDPR.

3. Purpose of the processing

The purpose of data processing is to optimise our advertising and improve our website, in particular to improve user-friendliness in order to make it easier for visitors to find their way around. Therein lies our legitimate interest.

4. Storage duration

Sessions and campaigns are terminated after a certain period of time. By default, sessions are terminated after 30 minutes of inactivity and campaigns are terminated after six months. The time limit for campaigns can be a maximum of two years. You can find more detailed information on the conditions of use and data protection at:
https://www.google.com/analytics/terms/de.html
https://policies.google.com/

5. Objection/elimination, prevention

You can prevent the storage of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all the functions of this website to their full extent (cf. the statements under Section IV of this Privacy policy). You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and from processing these data by Google by downloading the browser plug-in available under the following link and install:

https://tools.google.com/dlpage/gaoptout?hl=de.

For more information on how to handle user data on Google Analytics, please refer to the Google Privacy Policy:

https://support.google.com/analytics/answer/6004245?hl=de.

      6. Adequacy decision

Insofar as data are transferred to the USA for the use of Google Analytics, the basis for this is the adequacy decision of the European Commission of 12.07.2016 (C(2016) 4176) for the provisions of the Privacy Shield Agreement. Google has submitted to the regulations of the Privacy Shield, the certificate can be found here: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI

V. YouTube

1. Description and content of data processing
   

We embed videos from the YouTube platform, a service provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (hereinafter referred to as: “Google”). The privacy policy can be found at  https://www.google.com/policies/privacy/.
As a third-party provider, Google can only send the content offered to your browser using your IP address. For the purpose of communication, Google sets cookies on your browser and uses your IP address.

2. Legal basis for data processing

The legal basis for processing the data is Article 6(1)(f) of the GDPR.

3. Purpose of the data processing

The purpose of the data processing is to provide video content from a third party without using storage space on our website’s server to expand the range of services on our website. Therein lies our legitimate interest.

4. Storage duration

You can disable or restrict the transfer of cookies by changing the settings in your browser. You can delete already saved cookies at any time. You can also do this automatically. If cookies are disabled for our website, it may no longer be possible to use all of the features of the website.

If you do not disable the transmission of cookies or do not actively delete the cookies, the cookies stored by Google will be deleted after eight months at the latest.

5. Adequacy decision

Insofar as data are transferred to the USA for the use of YouTube, the basis for this is the adequacy decision of the European Commission of 12.07.2016 (C(2016) 4176) for the provisions of the Privacy Shield Agreement. Google has submitted to the regulations of the Privacy Shield, the certificate can be found here: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI

VI. Google Doubleclick

1. Description and content of data processing

We use the Google Doubleclick online marketing process on our website, a service provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (hereinafter referred to as: “Google”). The privacy policy can be found at  https://www.google.com/policies/privacy/. The Doubleclick is used to place ads in the Google advertising network. Ads are displayed in real time based on presumed user interests. This allows the targeted display of advertisements within the online offer. If the user accesses our website or another website on which the Google advertising network is active, Google integrates content (code or invisible graphics) into the website, with the help of which a cookie is stored on the user’s computer. This cookie stores information relevant to the advertising measures, such as which websites the user visited, what content he clicked on there, as well as the browser and operating system used, referring websites and the length of time spent on the website.

In addition, Google records the IP address of the user. This is shortened by Google within Member States of the European Union or in other contracting States of the Agreement on the European Economic Area before it is transmitted to the USA. The full IP address will only be transmitted to a Google server in the USA and shortened there in exceptional cases. If necessary, Google combines the information with information from other sources so that when the user subsequently visits other websites, advertisements tailored to their presumed interests are displayed.

Google uses the data in pseudonymised form i.e. it does not process any clear data from the user, but only the information stored in the cookies, which can only be used to identify the user’s browser. The advertisements are therefore not tailored to the person of the user, but to the information stored in the cookie.

For more information on the use of data by Google and on the setting and objection options, please refer to Google’s data protection declaration at https://policies.google.com/technologies/ads

2. Legal basis for data processing

The legal basis for processing the data is Article 6(1)(f) of the GDPR.

3. Purpose of processing

The use of Doubleclick serves to optimise our internet offer. Google creates the connection with Doubleclick when using the embedded YouTube videos automatically and without our intervention. In this respect, the use of Doubleclick is an unavoidable side effect of embedding YouTube videos. This is also our legitimate interest in data processing.

4. Restriction / Limitation / Termination

You can disable or restrict the transfer of cookies by changing the settings in your browser. You can delete already saved cookies at any time. You can also do this automatically. If cookies are disabled for our website, it may no longer be possible to use all of the features of the website.

5. Adequacy decision

Insofar as data are transferred to the USA for the use of DoubleClick, the basis for this is the adequacy decision of the European Commission of 12.07.2016 (C(2016) 4176) for the provisions of the Privacy Shield Agreement. Google has submitted to the regulations of the Privacy Shield, the certificate can be found here: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI

VII. Facebook Social Plugins

1. Content and scope of data processing

Our website uses social plugins from the social network facebook.com, operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (hereinafter referred to as: Facebook).

The plugins can be recognised by one of the Facebook logos, such as the white “f” on a blue tile, the term “Like” or the sign “Thumbs up”, or they are marked as “Facebook Social Plugin”. Facebook provides a complete listing and graphic representation of the Facebook social plugins under the following link: https://developers.facebook.com/docs/plugins/

If you call up a function of the website with the plugin, a direct connection to the Facebook servers is established. Facebook transmits the content of the plugin directly to the user’s device, where it is integrated into the online offer. Facebook can use the data collected to create usage profiles. Facebook has not disclosed the further handling of the data, we have no influence on this.

As a result of the integration of the plugin, Facebook receives the information that a user has accessed the affected page. If the user is logged in to his or her Facebook account in the meantime – possibly in another browser window or even with another browser on the same computer – Facebook can assign the user to the respective account. If the user activates such a plugin, this is transmitted directly to Facebook and can be assigned to the user account by Facebook. If the user does not have a Facebook account or is not logged in there, Facebook will still receive the user’s IP address. According to Facebook, the IP address is stored anonymously in Germany.

The details of data processing by Facebook can be found in the Facebook data protection information: https://www.facebook.com/about/privacy/

2. Legal basis

The basis for data processing is Article 6(1)(f) GDPR.

3. Purpose of processing

The purpose of the processing is the analysis and optimisation of our web offer and therefore ultimately its economic operation. Therein lies our legitimate interest.

4. Avoidance / termination of processing

If a user has a Facebook account and does not want Facebook to collect information about him or her that is linked to the data stored in the Facebook account, he or she must log out of the Facebook account before visiting our website and delete the cookies. Further settings are possible within the Facebook profile settings under the following link: https://www.facebook.com/settings?tab=ads

You can disable or restrict the transfer of cookies by changing the settings in your browser. You can delete already saved cookies at any time. You can also do this automatically. If cookies are disabled for our website, it may no longer be possible to use all of the features of the website.

5. Adequacy decision

Insofar as data are transferred to the USA for the use of Facebook social plugins, the basis for this is the adequacy decision of the European Commission of 12.07.2016 (C(2016) 4176) for the provisions of the Privacy Shield Agreement. Facebook has submitted to the regulations of the Privacy Shield, you can find the certificate here:

https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active

VIII. Contact form for free trial training session

1. Description and scope of data processing

There is a contact form on the körperformen.com website, which can be used for electronic contact. If a user takes advantage of this option, the data entered in the input template will be transmitted to the operator of the selected studio and saved. These data are:

The studio chosen by the user for the trial training session, the desired date of the trial trainings session, surname and first name, gender, telephone number and email address of the user. If the user wants to bring another person, the corresponding data of the accompanying person will be saved.

The following data will be stored at the time the message is sent:

• The IP address of the user
• Date and time of registration

In this context, data are not disclosed to third parties. The data are used exclusively to process the conversation.

2. Legal basis for data processing

The legal basis for processing the data is Article 6(1)(f) of the GDPR.

3. Purpose of the data processing

The personal data from the input fields are only used by us to process the contact request. This also constitutes the necessary legitimate interest in processing the data.
The other personal data that are processed during the sending process are used to prevent a misuse of the contact form and to ensure the safety of our information technology systems.

4. Storage duration

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 from the input template of the contact form, this is the case when the respective conversation with the user has ended. The communication is deemed to have ended when it can be inferred from the circumstances that the relevant facts have been conclusively clarified.
The additional personal data collected during the sending process will be deleted after one year at the latest.

5. Objection and elimination option

The user has the option to object to the storage of his or her personal data at any time. In such cases, the conversation can not be continued.
In this case, we will delete all personal data stored in the course of contacting you, including the objection, unless we are legally obliged to store the conversation.

IX. Email contact

1. Description and scope of data processing

If contact is made via the email address provided, the personal data of the user transmitted with the email will be stored.
In this context, data are not disclosed to third parties. The data are used exclusively to process the conversation.

2. Legal basis for data processing

The legal basis for processing the data is Article 6(1)(f) of the GDPR. If the contact aims at the conclusion of a contract, the additional legal basis for the processing is Article 6(1)(b) GDPR.

3. Purpose of the data processing

The processing of personal data from email serves us solely to process the establishment of contact. This also constitutes the necessary legitimate interest in processing the data.

4. Storage duration

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 email, this is the case when the respective conversation with the user has ended. The communication is deemed to have ended when it can be inferred from the circumstances that the relevant facts have been conclusively clarified.

5. Objection and elimination option

The user has the option to object to the storage of his or her personal data at any time. In such cases, the conversation can not be continued.
The objection can be made, for example, by sending an email or using our contact form. In this case, we will delete all personal data stored in the course of contacting you, including the objection, unless we are legally obliged to store the conversation.

X. Google Maps

1. Description and scope of data processing

On the körperformen.com website we use Google Maps, a service provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (hereinafter referred to as: Google). When you open the page, your IP address will be transmitted to Google.

2. Legal basis for the processing

The legal basis for this processing is Article 6(1)(f) GDPR.

3. Purpose of processing

The purpose of the processing is to show the locations of our studios to make it easier to find a Körperformen studio in your area as a special service for you. Therein lies our legitimate interest.

4. Used by Google

For the exact use of the IP address by Google, please refer to Google’s privacy policy, available at

https://policies.google.com/privacy?hl=de#infocollect.

https://policies.google.com/privacy/update?hl=de&gl=de

5. Prevention / termination of data collection

If you have already accessed the page, you can avoid further transmissions to Google by leaving the page.

6. Adequacy decision

Insofar as data are transferred to the USA for the use of Google Maps, the basis for this is the adequacy decision of the European Commission of 12.07.2016 (C(2016) 4176) for the provisions of the Privacy Shield Agreement. Google has submitted to the regulations of the Privacy Shield, the certificate can be found here: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI

XI. Application form

1. Description and scope of data processing

On the website körperformen.com there is a contact form for applications for each job advertisement, which can be used for electronic contact. If a user uses this option, the data entered in the input template will be transmitted to us and saved. These data are:

Salutation, first name, surname, email address, school leaving certificate, date of birth, earliest starting date, and – if corresponding information is provided – street, number, postal code, city, telephone number and the files attached by the user, regular cover letters, curriculum vitae and certificates.

The following data will be stored at the time the message is sent:

• The IP address of the user
• Date and time of registration

In this context, data are not disclosed to third parties. The application data will only be used by the respective studio operator to process the application.

2. Legal basis for data processing

The legal basis for processing the data is Article 6(1)(b) GDPR. In the event that legal storage obligations continue to exist after the end of the cooperation, the legal basis for the continued storage is Article 6(1)(c) GDPR.

3. Purpose of the data processing

The processing of the personal data from the input template serves us solely to process the application.

The other personal data that are processed during the sending process are used to prevent a misuse of the contact form and to ensure the safety of our information technology systems.

     4. Storage duration

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. This is the case if it is clear that cooperation will not come about. If the cooperation comes about, we will delete the data after the end of the cooperation and as soon as it is clear that there are no longer any rights and obligations from the cooperation and that statutory storage obligations no longer exist.

The additional personal data collected during the sending process will be deleted after a period of one year at the latest.

XII. Facebook-Pixel & Custom Audience

1. Content and scope of data processing

We use the Facebook pixel (visitor action pixel) on our website to measure visitor conversion. The service is provided by Facebook Inc. (Facebook), 1601 S. California Ave, Palo Alto, CA 94304, USA. With the aid of this, we can track the actions of users, after they have seen or clicked on a Facebook advertisement. This allows us to record the effectiveness of Facebook ads for statistical and market research purposes. The data recorded in this way are anonymous for us, that is to say we do not see the personal data of the individual users.

However, these data are stored and processed by Facebook, about which we will inform you according to our level of knowledge. Facebook can connect these data to your Facebook account and also use them for its own advertising purposes, in accordance with its own data usage guidelines: https://www.facebook.com/about/privacy/. You can enable Facebook and their partners to post advertisements on and outside of Facebook. It can also store a cookie on your computer for these purposes.

The Custom Audience service is used to create customer lists that are transmitted to Facebook in encrypted form. Facebook uses the encrypted data from the list to identify the people on the list on Facebook. The service enables us to place target group-oriented advertising on Facebook.

2. Legal basis

The legal basis for processing personal data belonging to users is formed by Article 6(1)(f) GDPR.

3. Purpose of processing

The processing of personal data of users enables us to analyse the surfing behaviour of our users for statistical and market research purposes. This helps us to improve constantly our website and its user-friendliness and to be able to make personalised product recommendations. For these purposes, we have a legitimate interest to process personal data pursuant to Article 6(1)(f) GDPR.

4. Storage duration

The data are deleted as soon as we no longer require them for the purposes of record keeping.

5. Objection and elimination option

Cookies are stored on the computer of the user and are transmitted by it to our website. This means that as a user you maintain full control over the use of cookies. You can disable or restrict the transfer of cookies by changing the settings in your browser. You can delete already saved cookies at any time. You can also do this automatically. If cookies are disabled for our website, it may no longer be possible to use all of the features of the website.

You can disable Facebook pixels through settings in your Facebook profile.  https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen.

XIII. Facebook Connect 

1. Content and scope of data processing

We use the Facebook Connect service on our website. The service is provided by Facebook Inc. (Facebook), 1601 S. California Ave, Palo Alto, CA 94304, USA. With Facebook Connect you can use your Facebook access data to log into areas of our website that would require registration. A Facebook account is required for use. In connection with the login process, Facebook transmits the following data to us. These include the publicly visible data of the profile such as

• Name
• Old age
• Gender
• Profile picture

2. Legal basis

The legal basis for processing personal data belonging to users is formed by Article 6(1)(f) GDPR.

3. Purpose of processing

The processing of personal data enables the users of our website to log in/register in an uncomplicated way. For this purpose, our legitimate interest lies in the processing of the data in accordance with Article 6(1)(f) GDPR.

4. Storage duration

The data are deleted as soon as we no longer require them for the purposes of record keeping.

XIV. Google Web Fonts

1. Content and scope of data processing

This site uses so-called web fonts provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (hereinafter referred to as: Google) for the uniform display of fonts. When you access a page, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly. This establishes a connection between the user’s connection and the Google server, so that the user’s IP address is transmitted to Google.

If your browser does not support web fonts, a default font will be used by your computer.

For more information about Google Web Fonts, see https://developers.google.com/fonts/faq and in Google’s privacy policy Google: https://www.google.com/policies/privacy/.

2. Legal basis

The legal basis for data processing is Article 6(1)(f) GDPR.

3. Purpose of the processing

The purpose of the data processing is to display the content posted on our website in a uniform, attractive font for a more user-friendly display. Therein lies our legitimate interest.

4. Prevention / termination of data collection

If you have already accessed the page, you can avoid further transmissions to Google by leaving the page.

5. Adequacy decision

Insofar as data are transferred to the USA for the use of Google Fonts, the basis for this is the adequacy decision of the European Commission of 12.07.2016 (C(2016) 4176) for the provisions of the Privacy Shield Agreement. Google has submitted to the regulations of the Privacy Shield, the certificate can be found here: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI

XV. Lead pages

1. Description and scope of data processing

The website körperformen.com links to lead pages. These are separate pages where we advertise special campaigns. There is a contact form on these pages, which the user can use to reserve participation in the respective campaign. If a user takes advantage of this option, the data entered in the input template will be transmitted to the operator of the selected studio and saved. These data are:

Name, email address and telephone number.

The following data will be stored at the time the message is sent:

• The IP address of the user
• Date and time of registration

In this context, data are not disclosed to third parties. The data are used exclusively to process the conversation

2. Legal basis for data processing

The legal basis for processing the data is Article 6(1)(f) of the GDPR. The campaigns are regularly aimed at acquiring new members; in this case, the additional legal basis is Article 6(1)(b) GDPR.

3. Purpose of the data processing

The personal data from the input fields are only used by us to process the contact request. This also constitutes the necessary legitimate interest in processing the data. The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems

4. Storage duration

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. This is the case at the latest after the end of the advertised campaign. The additional personal data collected during the sending process will be deleted after one year at the latest.

5. Objection and elimination option

The user has the option to object to the storage of his or her personal data at any time. In such a case, the conversation cannot continue and any reservation already made will be cancelled. In this case, we will delete all personal data stored in the course of contacting you, including the objection, unless we are legally obliged to store the conversation.

XVI. Rights of the data subject

If your personal data are processed, you are a data subject within the meaning of the GDPR and you have the following rights with regard to the controller:

1. Right to information

You have the right to obtain information from the controller about the extent to which your personal data are being processed by us.

If processing is taking place, you can request the following information from the controller:

• the purposes for which your personal data are being processed;
• the categories of personal data being processed;
• the recipients or categories of recipients to whom your personal data have been or will be disclosed;
• the planned duration of the storage of your personal data or, if specific information is not available, the criteria for determining the duration of storage;
• 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;
• the existence of a right to appeal to a supervisory authority;
• all available information regarding the source of the data if the personal data have not been collected from you, the data subject;
• the existence of automated decision making including profiling according to Article 22 para 1 and 4 of the GDPR and, at least in these cases, meaningful information regarding the logic involved and the scope and intended effect of such processing with regard to the data subject.

You also have the right to be informed whether your personal data have been transferred to a third country or to an international organisation. In this regard, you can request the appropriate guarantees in accordance with Article 46 GDPR in connection with the transfer.

2. Right to correction

You have a right to request the rectification and/or completion of your personal data by the controller if the personal data being processed are incorrect or incomplete. The controller must make the rectification without delay.

3. Right to restriction of processing

Under the following conditions, you may request the restriction of processing of your personal data:

• if you contest the correctness of your personal data for a period of time that enables the controller to verify the correctness of the personal data;
• if the processing is unlawful, you decline your right to the erasure of your personal data and instead demand that the use of your personal data be restricted;
• if the data controller no longer needs your personal data for the purposes of processing, but you need them to establish, exercise or defend legal claims, or
• if you have objected to the processing pursuant to Article 21 para. 1 of the GDPR and it is not yet clear whether the legitimate grounds of the controller outweigh yours.

If the processing of your personal data has been restricted, such 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 the processing of your personal data has been restricted pursuant to the above conditions, you shall be notified by the controller before the restriction is lifted.

    4. Right to deletion

Obligation to delete

You may demand the controller to delete your personal data without delay, and the controller is required to delete that information immediately if one of the following is true:

• If your personal data are no longer necessary for the purposes for which they were collected or otherwise processed;
• You revoke your consent to the processing pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR and there is no other legal basis for processing.
• You object pursuant to Article 21 para. 1 of the GDPR and there are no overriding legitimate reasons for processing, or you object to the processing pursuant to Article 21 para. 2 of the GDPR.
• If your personal data were processed unlawfully.
• If your personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
• If your personal data were collected in relation to the information society services offered pursuant to Article 8 para. 1 of the GDPR.

Information to third parties

If the controller has made the personal data concerning you public and pursuant to Article 17 para. 1 of the GDPR is obliged to the erasure of personal data, it shall take appropriate measures also of a technical nature taking into account the available technology and implementation costs, in order to notify data controllers who process the published personal data, in particular to delete all links to such personal data or copies or replications of such personal data, insofar as the processing is not required.

Exceptions

The right to deletion does not exist if the data processing is necessary

• To exercise the right to freedom of expression and information;
• To fulfil a legal obligation requiring the data to be processed under the law of the Union or the Member States to which the data controller is subject, or to perform a task in the public interest, or in the exercise of official authority delegated to the controller;
• for reasons of public interest in the field of public health, pursuant to Article 9(2)(h) and (i) and Article 9 para. 3 of the GDPR;
• for archival purposes of public interest, scientific or historical research purposes or for statistical purposes pursuant to Article 89 para 1 of the GDPR, to the extent that the law referred to in section (a) is likely to render impossible or seriously prejudice the achievement of the objectives of that processing, or
• to assert, exercise or defend legal claims;

5. Right to information

If you have asserted your right to rectification, erasure or restriction of processing with the data controller, the latter is obliged to communicate such rectification or erasure of data or restriction of processing carried out to each recipient to whom your personal data have been disclosed, unless this proves impossible or involves disproportionate effort.

With regard to the controller, you have a right to be informed about these recipients.

6. Right to data portability

You have the right to receive the personal data you made available to the data controller in a structured, common and machine readable format. In addition, you have the right to transmit this data to another controller without hindrance from the controller to which the personal data have been provided, insofar as

• the processing is based on a consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR, or on a contract pursuant to Article 6(1)(b) of the GDPR and
• the processing is performed by automated means.

Furthermore, when exercising this right, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible. This should not affect the rights and freedoms of other persons.

The right to data portability 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 delegated to the data controller.

7. Right to object

You have the right at any time, for reasons that arise from your particular situation, to prevent the processing of your personal data, which, pursuant to Article 6(1)(e) or (f) of the GDPR takes place, this also applies to profiling based on these provisions.
The controller shall no longer process your 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 your personal data are processed for direct marketing purposes, you have the right to object at any time to the 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 shall no longer be processed for such purposes.
Notwithstanding the Directive 2002/58/EC, you also have the possibility, in connection with the use of information society services, to exercise your right of opposition by means of automated procedures using technical specifications.

      8. Right to revoke consent under data protection law

If you have given your consent, you have the right to revoke it at any time. Revocation of consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation.

    9. Automated decision-making in individual cases, including profiling

You have the right not to be subjected to a decision based solely on automated processing – including profiling – that will have a legal effect on you or similarly impact upon you in a considerable manner. This does not apply if the decision

• is necessary for the conclusion or performance of a contract between you and the controller,
• is permitted by Union or Member State legislation to which the data controller is subject, and where such legislation contains appropriate measures to safeguard the data subject’s rights and freedoms and legitimate interests, or
• is made with your express consent.

However, these decisions must not be based on special categories of personal data pursuant to Article 9 para 1 of the GDPR, unless Article 9(2)(a) or (g) of the GDPR applies and reasonable measures have been taken to protect the rights and freedoms as well as your legitimate interests.
In the cases referred to in points (1) and (3), the controller shall 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.

   10. Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right of appeal to a supervisory authority, in particular in the Member State where you reside, work or where the infringement is suspected, if you believe that the processing of personal data that concerns you is in contravention of the GDPR.
The supervisory authority with which the appeal has been filed shall inform the appellant of the status and results of the appeal, including the possibility of a judicial remedy pursuant to Article 78 GDPR.
The responsible supervisory authority for data protection issues for our company is the State data protection officer of the Federal state in which our company is based. A list of data protection officers and their contact details can be found on the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.