I. Name and address of person responsible
The person responsible 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 the:
D’Avoine Teubler Neu Rechtsanwälte
Bembergstraße 2-4
42103 Wuppertal
Germany
Phone: +49 (0) 202 24 50 70
Fax: +49 (0) 202 24 50 77 7
E-Mail: info@atn-ra.de
Web: www.atn-rechtsanwaelte.de
II. Name and address of the data protection officer
The data protection officer of the controller is:
Stefan Schremper
Schremper IT GmbH
Bembergstraße 1
42103 Wuppertal
Germany
Tel.: +49 (0) 202 479 607 66
E-Mail: support@schremper-it.de
Web: www.schremper-it.de
III General information on data processing
1. scope of the processing of personal data
We only process our users’ personal data to the extent necessary to provide a functional website and our content and services. The processing of our users’ personal data only takes place regularly with the user’s consent. An exception applies in cases where prior consent cannot be obtained for factual 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, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis.
When processing personal data that is necessary for the fulfilment of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
If the 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, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing.
3. data erasure and storage duration
The personal data of the data subject will be deleted or blocked as soon as the purpose of storage no longer applies. Data may also 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 erased 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
Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.
The following data is collected:
- Information about the browser type and version used
- The user’s operating system
- The user’s internet service provider
- The IP address of the user
- Date and time of access
- Websites from which the user’s system accesses our website
- Websites that are accessed by the user’s system via our website
The data is also 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(1)(f) GDPR.
3. Purpose of data processing
Temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.
The data is stored in log files to ensure the functionality of the website. We also use the data to optimise the website and to ensure the security of our information technology systems. The data is not analysed for marketing purposes in this context.
These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f GDPR.
4. Duration of storage
The data is deleted as soon as it is no longer required to fulfil 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 seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or anonymised so that it is no longer possible to identify the accessing client.
5. Possibility of objection and removal
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 for the user to object.
V. Use of cookies
a) Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. When a user accesses a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.
We use cookies to make our website more user-friendly. Some elements of our website require that the accessing browser can be identified even after a page change.
The following data is stored and transmitted in the cookies:
- Language settings
- Log-in information
We also use cookies on our website that enable us to analyse the surfing behaviour of users.
- Search terms entered
- Frequency of page views
- Utilisation of website functions
The user data collected in this way is pseudonymised by technical precautions. It is therefore no longer possible to assign the data to the accessing user. The data is not stored together with other personal user data.
When accessing our website, users are informed about the use of cookies for analysis purposes by an information banner and referred to this data protection declaration. In this context, there is also a reference to how the storage of cookies can be prevented in the browser settings.
When accessing our website, users are informed about the use of cookies for analytical purposes and their consent to the processing of the personal data used in this context is obtained. In this context, reference is also made to this privacy policy.
b) Legal basis for data processing
The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f GDPR.
The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 lit. f GDPR.
The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 para. 1 lit. a GDPR if the user has given consent to this.
c) Purpose of data processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary for the browser to be recognised even after a page change.
We require cookies for the following applications:
- Adoption of language settings
- Memorising search terms
The user data collected by technically necessary cookies is not used to create user profiles.
Analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies, we learn how the website is used and can thus constantly optimise our offer.
These purposes also constitute our legitimate interest in the processing of personal data in accordance with Art. 6 para. 1 lit. f GDPR.
e) Duration of storage, objection and removal options
Cookies are stored on the user’s computer and transmitted by it to our website. As a user, you therefore have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.
The transmission of Flash cookies cannot be prevented via the browser settings, but by changing the Flash Player settings.
VI Contact form and e-mail contact
1. description and scope of data processing
It is possible to contact us via the e-mail address provided. In this case, the user’s personal data transmitted with the e-mail will be stored.
The data will not be passed on to third parties in this context. The data is used exclusively for processing the conversation.
2. legal basis for data processing
The legal basis for the processing of the data is Art. 6 para. 1 lit. a GDPR if the user has given consent.
The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f GDPR. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.
3. purpose of data processing
The processing of the personal data from the input mask serves us solely to process the contact. If contact is made by email, this also constitutes the necessary legitimate interest in processing the data.
The other personal data processed during the sending process is used to prevent misuse of the contact form and to ensure the security of our information technology systems.
4. Duration of storage
The data is deleted as soon as it is no longer required to fulfil the purpose for which it was collected. For the personal data from the input screen of the contact form and those sent by email, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been conclusively clarified.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
5. Possibility of objection and removal
The user has the option to revoke their consent to the processing of personal data at any time. If the user contacts us by email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.
You can revoke your consent at any time electronically by sending an e-mail to info@atn-ra.de, in writing to D’Avoine Teubler Neu Rechtsanwälte, Bembergstraße 2-4, 42103 Wuppertal or by telephone on +49 (0) 202 24 50 70.
All personal data stored in the course of contacting us will be deleted in this case.
VII. Other providers
Google Analytics
We use Google Analytics, a web analysis service of Google Inc (https://www.google.de/intl/de/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter referred to as ‘Google’) for the purpose of designing and continuously optimising our pages to meet your needs. In this context, pseudonymised user profiles are created and cookies are used. The information generated by the cookie about your use of this website, such as
- Browser type/version,
- Operating system used,
- Referrer URL (the previously visited page),
- Host name of the accessing computer (IP address),
- Time of the server enquiry,
are transmitted to a Google server in the USA and stored there. The information is used to analyse the use of the website, to compile reports on website activity and to provide other services relating to website activity and internet usage for the purposes of market research and the needs-based design of this website. This information may also be transferred to third parties if this is required by law or if third parties process this data on our behalf. Under no circumstances will your IP address be merged with other Google data. The IP addresses are anonymised so that they cannot be assigned (IP masking).
You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.
You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=de).
As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent Google Analytics from collecting data by clicking on this link. An opt-out cookie will be set to prevent the future collection of your data when you visit this website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.
Further information on data protection in connection with Google Analytics can be found in the Google Analytics help centre (https://support.google.com/analytics/answer/6004245?hl=de).
- ii) Google Adwords Conversion Tracking
We also use Google Conversion Tracking to statistically record the use of our website and to evaluate it for the purpose of optimising our website for you. Google Adwords places a cookie on your computer if you have reached our website via a Google advert.
These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of the Adwords customer’s website and the cookie has not yet expired, Google and the customer can recognise that the user clicked on the ad and was redirected to this page.
Each Adwords customer receives a different cookie. Cookies can therefore not be tracked via the websites of Adwords customers. The information collected using the conversion cookie is used to generate conversion statistics for Adwords customers who have opted for conversion tracking. Adwords customers learn the total number of users who clicked on their advert and were redirected to a page with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users.
If you do not wish to participate in the tracking process, you can also reject the setting of a cookie required for this – for example, by changing your browser settings to generally deactivate the automatic setting of cookies. You can also deactivate cookies for conversion tracking by setting your browser to block cookies from the domain ‘www.googleadservices.com’. Google’s privacy policy on conversion tracking can be found here (https://services.google.com/sitestats/de.html).
Google Maps
We use Google Maps to display interactive maps and to create directions. Google Maps is a map service provided by Google Inc, 1600 Amphitheatre Parkway, Mountain View, California 94043, USA. By using Google Maps, information about the use of this website, including your IP address and the (start) address entered as part of the route planner function, may be transmitted to Google in the USA When you access a page on our website that contains Google Maps, your browser establishes a direct connection to Google’s servers. The map content is transmitted by Google directly to your browser, which integrates it into the website. We therefore have no influence on the scope of the data collected by Google in this way. To the best of our knowledge, this is at least the following data:
- Date and time of the visit to the website in question,
- Internet address or URL of the website accessed,
- IP address,
- (start) address entered during route planning.
We have no influence on the further processing and use of the data by Google and can therefore accept no responsibility for this.
If you do not want Google to collect, process or use data about you via our website, you can deactivate JavaScript in your browser settings. In this case, however, you will not be able to use the map display.
The purpose and scope of the data collection and the further processing and use of the data by Google as well as your rights in this regard and setting options to protect your privacy can be found in Google’s data protection information.
By using our website, you consent to the processing of data about you by Google Maps Route Planner in the manner and for the purposes set out above.
Google Fonts
External fonts, Google Fonts, are used on this website. Google Fonts is a service of Google Inc (‘Google’). These web fonts are integrated by a server call, usually a Google server in the USA. This tells the server which of our web pages you have visited. The IP address of the browser of the end device of the visitor to this website is also stored by Google. You can find more information in Google’s privacy policy, which you can access here:
www.google.com/fonts#AboutPlace:about
www.google.com/policies/privacy/
GIS (creditor information system)
The controller has integrated the GIS (Creditor Information System) component on this website. GIS is a web system that provides creditors in insolvency proceedings with information on insolvency proceedings around the clock and offers the possibility to support creditors in the preparation of the claim application and to transmit the recorded data electronically to the responsible insolvency administrator. GIS is used to offer creditors a comprehensive information service.
The operating company of GIS is STP Portal GmbH, Lorenzstraße 29, 76135 Karlsruhe, Germany.
GIS places a cookie on the data subject’s information technology system. The setting of the cookie enables the user-related use of GIS, which is necessary, for example, for logging in using the GIS PIN. Cookies do not cause any damage to your computer and do not contain viruses. Cookies are used to make our website more user-friendly, effective and secure. Cookies are small text files that are stored on your computer and saved by your browser. The cookies used are so-called ‘session cookies’. They are automatically deleted at the end of your visit. You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of GIS will be restricted.
Further information and the data protection provisions of STP Portal GmbH can be found at https://www.insolvenz-portal.de/datenschutz-datensicherheit. GIS is explained in more detail at this link https://www.insolvenz-portal.de/produkte/gis.
Matomo
1. Scope of data processing
We use the open source software tool Matomo on our website to analyze the surfing behavior of our users. When individual pages of our website are accessed, the following data is stored:
- 3 bytes of the IP address of the user’s accessing system
- the website accessed
- the website from which the user accessed the website (referrer)
- the subpages that are accessed from the accessed website
- the time spent on the website
- the frequency with which the website is accessed
- The software runs exclusively on the servers of our website. This data is only stored there. The data is not passed on to third parties. The software is set so that the IP addresses are not stored in full, but the last byte of the IP address is masked (e.g. 192.168.100.xxx). In this way, it is no longer possible to assign the shortened IP address to the calling computer.
2. Legal basis
The legal basis for the processing of users’ personal data is Art. 6 para. 1 lit. f GDPR.
3. Purpose of the data processing
The processing of this personal data enables us to analyze the surfing behavior of our users. By evaluating the data obtained, we are able to compile information about the use of the individual components of our website. This helps us to constantly improve our website and its user-friendliness. These purposes also constitute our legitimate interest in processing the data in accordance with Art. 6 para. 1 lit. f GDPR. By anonymizing the IP address, the interest of users in the protection of their personal data is sufficiently taken into account.
4. Possibility of objection and removal
We offer our users the option of opting out of the analysis process on our website. To do so, you must follow the corresponding link. In this way, a cookie is set on your system which signals to our system not to store the user’s data. If you delete the corresponding cookie from your own system in the meantime, you must set the opt-out cookie again.
You can find more information on the privacy settings of the Matomo software under the following link: https://matomo.org/docs/privacy/.
You may choose to prevent this website from aggregating and analyzing the actions you take here. Doing so will protect your privacy, but will also prevent the owner from learning from your actions and creating a better experience for you and other users.
VIII Rights of the data subject
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:
1. Right to information
You can request confirmation from the controller as to whether personal data concerning you is being processed by us.
If such processing is taking place, you can request the following information from the controller:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data being processed
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed
(4) the envisaged period for which the personal data concerning you will be stored, or, if specific information on this is not possible, the criteria used to determine that period
(5) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing
(6) the existence of a right to lodge a complaint with a supervisory authority
(7) all available information about 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, referred to in Art. 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.
2. Right to rectification
You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you is incorrect or incomplete. The controller must make the correction without delay.
3. Right to restriction of processing
You may request the restriction of the processing of your personal data under the following conditions:
(1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead
(3) the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims; or
(4) if you have objected to processing pursuant to Art. 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override your grounds.
If the processing of personal data concerning you has been restricted, this data – apart from its storage – may 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 restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction of processing is lifted.
4. Right to cancellation
a) Cancellation obligation
You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
(1) The personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
(2) You revoke your consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.
(4) The personal data concerning you has been processed unlawfully.
(5) The deletion of personal data concerning 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 have been collected in relation to the offer of information society services referred to in Art. 8 (1) GDPR.
b) Information to third parties
If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Art. 17 (1) GDPR, 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 you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
c) Exceptions
The right to erasure does not exist if the processing is necessary
(1) for exercising the right of freedom of expression and information;
(2) 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
(3) for reasons of public interest in the area of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
(5) for the establishment, exercise or defence of legal claims.
5. Right to information
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right vis-à-vis the controller to be informed about these recipients.
6. Right to data portability
You have the right to receive the personal data concerning you, 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
(1) the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
(2) the processing is carried out by automated means.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. The freedoms and rights of other persons must not be affected by this.
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.
7. Right of objection
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 point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions.
The controller will no longer process the personal data concerning you 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.
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 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 concerning you will no longer be processed for these purposes.
You have the option, in connection with the use of information society services – notwithstanding Directive 2002/58/EC – to exercise your right to object by means of automated procedures that use technical specifications.
8. right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
9. Automated decision-making in individual cases 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
(1) is necessary for the conclusion or fulfilment of a contract between you and the controller
(2) is authorised 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
(3) with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.
With regard to the cases referred to in (1) and (3), the data 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 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 shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.