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DATA PROTECTION DECLARATION AND INFORMATION ON DATA PROTECTION

We are glad you are visiting our website and thank you for your interest in our company. Since the protection of your personal data is very important to us, we want to address this topic with great care. When visiting our website, we usually don´t require personal data from you. In order to make use of services offered on our website we have to deviate from the before mentioned principle. In case we collect, process, or use personal data on this website, we do so in accordance with statutory rule or in consent with the user.

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We always process personal data such as name, address, email address according and complying with DSVGO and BDSG-neu. With this data protection

declaration, we intend to inform you about the type, scope, and purpose of the respective collection and use as well as your rights as person concerned.

1. Terminology

 

This data protection declaration forms on the terminology used in Art.4 GDPR. It shall be easy to read and comprehend for you as a customer as well as for the public and our clients. In order to d so we would like to define the following terms:

 

a)    Personal Data

‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, economic, cultural or social identity of that natural person.

 

b)    Person concerned

A person concerned is every identified or identifiable natural person of which personal data is processed by the responsible for data handling.

 

c)    Processing

‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

 

d)    ‘restriction of processing’

means the marking of stored personal data with the aim of limiting their processing in the future.

 

e)    Profiling ‘profiling’

means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

 

f)    Pseudonymisation

Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

 

g)    Controller

Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

 

h)    Processor

Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

 

i)    Recipient

Recipient means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. 2However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

 

j)    Third party

Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

 

k)    Consent

Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

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2. Name and Address of the Controller

 

GER_Coaching

Schwanhardtstr. 40

D- 90478 Nuremberg

Mobile: +49 175 2044940

info@ger-coaching.de

Controller: Anja Zankl

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3. Principles relating to processing of personal data

 

a)    Scope of processing of personal data

We process the personal data of our users only to the extent necessary to provide a functioning website and its contents, as well as our services.  The processing of personal data of our users takes place regularly only after the consent of the user.  An exception applies in those cases in which prior consent cannot be obtained for practical reasons and the processing of the data is permitted by statutory provisions.

 

b)    Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing personal data, Art. 6 Para. 1 lit. a EU Data Protection Basic Regulation (GDPR) serves as the legal basis. Art. 6 para. 1 lit. b GDPR serves as a legal basis for the processing of personal data required for the performance of a contract to which the data subject is a party.   When processing is necessary in order to protect the vital interests of the data subject Art. 6 para. 1 lit. b GDPR serves as a legal basis. When processing is necessary for the purposes of the legitimate interests of the company  and such interests are overridden by the interests or fundamental rights and freedoms of the data subject, Art. 6 para. 1 lit. b GDPR serves as a legal basis.

 

c)    Data erasure and storage duration

The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage no longer applies. Storage may also take place if the European or national legislator has provided for this in Union regulations, laws or other provisions to which the person responsible is subject. The data shall also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless it is necessary for further storage of the data for the conclusion or performance of a contract.

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4.    Cookies

 

a)    Scope

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.  This cookie 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 calling browser can be identified even after a page change.

 

Below is a detailed list of the cookies we use on our Website. We classify cookies in the following categories:

-    Strictly necessary Cookies

-    Functional Cookies

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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.

 

c)    Purpose of the 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 that the browser be recognized even after a page change.

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We use cookies for the following services: our contact form, LinkedIn, Xing as well as Google analytics.

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The user data collected by technically necessary cookies is not used to create user profiles.

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d)    Duration of storage, possibility of objection and removal

Cookies are stored on the user's computer and transmitted to our site by the user.  Therefore, you as a user also 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 is possible that not all functions of the website can be used to their full extent.

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4.    Contact form and e-mail contact

 

a)    Scope

On our website there are contact forms which can be used for electronic contact.  If a user makes use of this option, the data entered in the input mask which is name and email address will be transmitted to us and stored. Your consent will be obtained for the processing of the data namely IP- Address, date and time of contact as part of the sending process and reference will be made to this data protection declaration.

 

Alternatively, you can contact us via the e-mail address provided.  In this case, the personal data of the user transmitted with the e-mail will be stored. The data will not be passed on to third parties in this context.  

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The data will be used exclusively for the processing of the conversation.

 

b)    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 their consent.

 

The legal basis for processing the data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f GDPR.

 

When the personal data from the input mask and sending an e-mail serves to process the establishment of contract Art. 6 para. 1 lit. f GDPR serves as the legal basis.

 

c)    Purpose

The processing of the personal data from the input mask serves exclusively to process the establishment of contact. In the case of contact by e-mail, this also constitutes our necessary legitimate interest in the processing of the data.

 

The other personal data processed during the sending process serves to prevent misuse of the contact form and to ensure the security of our information technology systems.

 

d)    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. For the personal data from the input mask of the contact form and for that sent by e-mail, this becomes the case when the respective conversation with the user has ended.  The conversation ends when it can be inferred from the circumstances that the facts in question have been conclusively clarified. The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

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e)    Possibility of opposition and removal

The user has the possibility to revoke their consent to the processing of personal data at any time.  If the user contacts us by e-mail, they can object to the storage of their personal data at any time.  In such a case, the conversation cannot be continued.

 

E-mail contact for the revocation of consent and for the contradiction of storage is possible via the following address: info@ger-coaching.de

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6. LinkedIn:

 

a)    Scope

We use „LinkedIn“, in our internet presence, which is operated by LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2.

 

We do not use social media plug-ins on our website. Instead, we only link to our presence on the corresponding social networks and platforms. LinkedIn stores and processes information about your user behaviour on our internet presence. Data processing in the social networks and platforms is wholly independent of our website, which is why we have no control over the data processing that may take place by clicking on a link.

 

The further processing and use of the data by the operator, as well as your rights and setting options for the protection of your privacy can be found in the Data Privacy Statement: https://www.linkedin.com/legal/privacy-policy LinkedIn has now also submitted to the privacy shield agreement signed between the European Union and the USA and obtained certification. LinkedIn thereby commits to observe the standards and regulations of European data protection laws. Further information is available in the entry linked below: https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active

 

b)    Legal basis

The legal basis for the processing of LinkedIn services constitutes our necessary legitimate interest according to Art. 6 para. 1 lit. f GDPR.

 

c)    Purpose

We use LinkedIn for marketing and optimisation purposes, in particular to analyse the use of our internet presence and continuously improve individual functions and offers and the user experience.

 

The use of LinkedIn is in the interest of presenting our online offering in an appealing way and enables us to show you specific and relevant offers and recommendations.  

 

d)    Possibility of opposition and removal

LinkedIn Marketing Solutions inter alia also uses cookies. Cookies are stored on the user's computer and transmitted to our site by the user.  Therefore, you as a user also 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 is possible that not all functions of the website can be used to their full extent. 

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As an alternative you have the option to to prevent LinkedIn from collecting data on this website in the future. An opt-out cookie will then be stored on your device.

More information can be obtained here:

 

https://www.linkedin.com/psettings/guest-controls

http://optout.aboutads.info/?c=2#!/ http://www.youronlinechoices.com/de/praferenzmanagement/.

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7. XING

 

a)    Scope

We use XING in our internet presence, a service of XING SE, Dammtorstraße 30, 20354 Hamburg, Germany (in the following: “XING”). XING stores and processes information about your user behaviour on our internet presence. XING also uses cookies, i.e. small text files stored locally in the cache of your browser on your end device which permit the analysis of your use of our internet presence.

 

If you call up a website on our website that contains such a plugin, your browser establishes a direct connection with the XING servers. According to our information no further storage or transmission of transmitted privacy data will be made.  

 

Additional data protection information by XING is available on the website below: https://privacy.xing.com/de/datenschutzerklaerung.

 

Amending and setting options for the protection of your privacy can be found here: https://privacy.xing.com/de/ihre-privatsphaere.

 

b)    Legal basis

The legal basis for the processing of XING services constitutes our necessary legitimate interest according to Art. 6 para. 1 lit. f GDPR.

 

c)    Purpose

We use XING for marketing and optimisation purposes, in particular to analyse the use of our internet presence and continuously improve individual functions and offers and the user experience. The use of XING is in the interest of presenting our online offering in an appealing way and enables us to show you specific and relevant offers and recommendations.  

 

d)    Possibility of opposition and removal

XING also uses cookies. Cookies are stored on the user's computer and transmitted to our site by the user.  Therefore, you as a user also 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 is possible that not all functions of the website can be used to their full extent.

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8. Google Analytics

 

a)    Scope

On this website, the controller has integrated the web analytics service of Google Analytics, a service of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States. Pseudonymised use profiles are created and cookies used in this context. The information about your use of the website generated by the cookie are transmitted to and stored on a Google server in the USA.

 

The information is used to analyse the use of the website, compile reports about the website activities and provide additional services related website usage and internet usage for market research purposes and to provide other services concerning the use of our Internet site for us.

 

By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data.

 

Google has now also submitted to the privacy shield agreement signed between the European Union and the USA and obtained certification. Google thereby commits to observe the standards and regulations of European data protection laws.

 

b)    Legal basis

The legal basis for the processing of Google Analytics constitutes our necessary legitimate interest according to Art. 6 para. 1 lit. f GDPR.

 

c)    Purpose

The use of Google Analytics is in the interest to ensure an ongoing optimisation and economic operation of our website through the measures used.

 

d)    Possibility of opposition and removal

You can prevent the storage of the cookies via appropriate settings in your browser software. You can also prevent Google from processing the data generated by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=de).

Additional information on data protection, settings and possibility of opposition and removal in relation to Google Analytics is available at:

 

https://www.google.com/intl/de/policies/privacy/partners, http://www.google.com/policies/technologies/ads und

http://www.google.de/settings/ads

 

Request for information or claims of user rights can be obtained directly at Google.

 

9. Rights of the data subject

If personal data of yours is processed, you are the data subject within the meaning of the GDPR, and you are entitled to the following rights vis-à-vis the party responsible:

 

a)    Right to information according to Article 15 GDPR

You can request information from the party responsible as to whether personal data will be processed by us. In the event of such processing, you may request the following information from the party responsible:    

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•    the purposes for which the personal data is processed;

•    the categories of personal data processed;

•    the recipients or categories of recipients to whom the personal data has been or will

     be disclosed;

•    the planned duration of storage of the personal data, or, if this is not possible, criteria for           determining the duration of storage;

•    the existence of a right to rectify or delete personal data, a right to limit the processing by       the party responsible or a right to object to such processing;

•    the existence of a right of appeal to a supervisory authority;

•    all available information on the source of the data, if the personal data is not collected             from the data subject;

 

You have the right to request information as to whether the personal data will be transferred to a third country or to an international organisation.  In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transfer.

 

b)    Right to rectification according to Article 16 GDPR

You have the right to have your personal data corrected and/or completed by the party responsible if the personal data processed is inaccurate or incomplete.  The party responsible must carry out the correction immediately.

 

c)    Right to restriction of processing according to Article 18 GDPR

Under the following conditions, you may request that the processing of your personal data be restricted:

 

•    if you dispute the accuracy of the personal data concerning you for a period of time which       enables the party responsible to verify the accuracy of the personal data;

•    the processing is unlawful and you refuse to delete the personal data and instead request       the restriction of the use of the personal data;

•    the party responsible no longer requires the personal data for the purposes of processing,       but you need it to assert, exercise or defend legal claims, or

•    if you have objected to the processing pursuant to Art. 21 para. 1 GDPR and it has not yet           been established whether the legitimate reasons of the party responsible outweigh                   your reasons.

 

In case the processing of personal data has been restricted, such data may not be processed, with the exception of its storage, without your consent or for the purpose of asserting, exercising or defending rights, or protecting the rights of another natural or legal person, or for reasons of an important public interest of the Union or of a Member State.

 

d)    Right to erasure according to Article 17 DSVGO

The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following rounds applies:

 

•    the personal data are no longer necessary in relation to the purposes for which they were       collected or otherwise processed;

•    the data subject withdraws consent on which the processing is based and where there is         no other legal ground for the processing;

•    the data subject objects to the processing pursuant to Article 21(1) and there are no                   overriding legitimate grounds for the processing;

•    the personal data have been unlawfully processed;

•    the personal data have to be erased for compliance with a legal obligation;

•    the personal data have been collected in relation to the offer of information society                   services referred to in Article 8. 

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Where the controller has made the personal data public, the controller is obliged to erase the personal data according to article 17 DSVGO.

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Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:

•    for exercising the right of freedom of expression and information;

•    for compliance with a legal obligation which requires processing by Union or Member             State law to which the controller is subject or for the performance of a task carried out in         the public interest or in the exercise of official authority vested in the controller;

•    for archiving purposes in the public interest, scientific or historical research purposes or           statistical purposes in accordance with Article 89.  

•   for the establishment, exercise or defence of legal claims.

 

e)    Notification obligation according to Art. 19 GDPR

The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The controller shall inform the data subject about those recipients if the data subject requests it.

 

f)    Right to data portability according to Art. 20 GDPR

The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to point of Article 6 the processing is carried out by automated means.

 

In exercising his or her right to data portability the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.

 

That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

 

g)    Right to object according to Art. 21 GDPR

The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.

 

Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes. The data subject may exercise his or her right to object by automated means using technical specifications.

 

h)    Withdraw declaration of consent under data protection law according to article 7,                  paragraph 3 DSVGO

The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

 

i)    Automated individual decision-making, including profiling according to Art. 22 GDPR The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her. This shall not apply if the decision is

 

a)    necessary for entering into, or performance of, a contract between the data subject and           a data controller;

b)    is authorised law to which the controller is subject and which also lays down suitable               measures to safeguard the data subject’s rights and freedoms and legitimate interests.

 

Decisions referred to shall not be based on special categories of personal data referred to in Article 9(1), unless point (a) or (g) of Article 9(2) applies and suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests are in place.

 

In the cases referred to in points (a) the data controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

 

j)    Right to lodge a complaint with a supervisory authority

Every data subject shall have the right to lodge a complaint with a supervisory authority, if the data subject considers that the processing of personal data relating to him or her infringes this Regulation. 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 Article 78.

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