With the following data protection declaration we would like to inform you about the types of personal data (hereinafter also referred to as "data") we process, for what purposes and to what extent. The data protection declaration applies to all processing of personal data carried out by us, both in the context of providing our services and, in particular, on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter also referred to collectively as "internet presence").
The terms used are not gender-specific.
Date of last modification: October 10, 2020
Dr. Carlo Simon
56814 Ediger-Eller, Germany
E-Mail address: mail[at]carlo-simon.de
The following overview summarizes the types of data processed and the purposes of their processing, and refers to the data subjects.
In the following, we provide the legal basis of the General Data Protection Regulation (GDPR), on the basis of which we process personal data. Please note that in addition to the regulations of the GDPR, national data protection regulations may apply in your or our country of residence or registered office. Should more specific legal regulations apply in individual cases, we will inform you of these in the data protection declaration.
National data protection regulations in Germany: In addition to the data protection regulations of the General Data Protection Regulation, national regulations on data protection apply in Germany. These include in particular the law on protection against misuse of personal data in data processing (Federal Data Protection Act - BDSG). In particular, the BDSG contains special regulations on the right to information, the right to deletion, the right of objection, the processing of special categories of personal data, processing for other purposes and transmission as well as automated decision making in individual cases including profiling. Furthermore, it regulates data processing for the purposes of the employment relationship (§ 26 BDSG), in particular with regard to the establishment, implementation or termination of employment relationships and the consent of employees. Furthermore, state data protection laws of the individual federal states may apply.
We take appropriate technical and organizational measures in accordance with legal requirements, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the risk.
The measures include in particular the safeguarding of the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as access, input, disclosure, safeguarding of availability and separation of the data. Furthermore, we have established procedures to ensure that data subjects' rights are exercised, that data is deleted, and to respond to any threats to the data. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes in accordance with the principle of data protection, by designing technology and by using data protection-friendly default settings.
In the course of our processing of personal data, it may happen that the data is transferred to or disclosed to other bodies, companies, legally independent organizational units or persons. The recipients of this data may include, for example, payment institutions in the context of payment transactions, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases, we comply with the legal requirements and in particular conclude appropriate contracts or agreements with the recipients of your data which serve to protect your data.
If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA)) or the processing takes place in the context of the use of third-party services or the disclosure or transfer of data to other persons, bodies or companies, this is only done in accordance with the legal requirements.
Subject to express consent or contractually or legally required transfer, we process or have the data processed only in third countries with a recognized level of data protection, contractual obligation through so-called standard protection clauses of the EU Commission, in the presence of certifications or binding internal data protection regulations (Art. 44 to 49 GDPR, information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection).
Cookies are text files that contain data from visited websites or domains and are stored by a browser on the user's computer. A cookie is primarily used to store information about a user during or after his visit within an internet presence. The stored information can include, for example, the language settings on a website, the login status, a shopping cart or the current timestamp of a video viewed. The term "cookies" also includes other technologies that perform the same functions as cookies (e.g., when user information is stored using pseudonymous online identifiers, also referred to as "user IDs").
The following cookie types and functions are distinguished:
Storage duration: If we do not provide you with explicit information on the storage duration of permanent cookies (e.g. within the scope of a so-called cookie opt-in), please assume that the storage duration can be up to two years.
We process data of our contractual and business partners, e.g. customers and interested parties (collectively referred to as "contractual partners") within the scope of contractual and comparable legal relationships as well as associated measures and within the scope of communication with the contractual partners (or pre-contractual), e.g. to answer inquiries.
We process these data to fulfil our contractual obligations, to secure our rights and for the purposes of the administrative tasks associated with these data as well as for business organisation. Within the framework of the applicable law, we will only pass on the data of the contractual partners to third parties to the extent necessary for the aforementioned purposes or to fulfil legal obligations or with the consent of the persons affected (e.g. to participating telecommunication, transport and other auxiliary services as well as subcontractors, banks, tax and legal advisors, payment service providers or tax authorities). The contractual partners will be informed about other forms of processing, e.g. for marketing purposes, within the scope of this data protection declaration.
We inform our contractual partners which data are required for the aforementioned purposes before or within the scope of data collection, e.g. in online forms, by special marking (e.g. colors) or symbols (e.g. asterisks or similar), or personally.
We delete the data after expiration of legal warranty and comparable obligations, i.e., generally after 4 years, unless the data is stored in a customer account, e.g., as long as it must be kept for legal archiving reasons (e.g., for tax purposes usually 10 years). We will delete data that has been disclosed to us by the contractual partner within the scope of an order in accordance with the specifications of the order, generally after the end of the order.
If we use third-party providers or platforms to provide our services, the terms and conditions and privacy policies of the respective third-party providers or platforms apply in the relationship between users and providers.
Customer account: Contractual partners can create an account within our online offer (e.g. customer or user account, in short "customer account"). If the registration of a customer account is required, contractual partners will be informed of this as well as of the information required for the registration. The customer accounts are not public and cannot be indexed by search engines. Within the scope of registration and subsequent logins and use of the customer account, we store the IP addresses of the customers together with the access times in order to be able to prove the registration and prevent possible misuse of the customer account.
If customers have cancelled their customer account, the data relating to the customer account will be deleted, subject to the retention of such data for legal reasons. It is the responsibility of customers to back up their data when they cancel their customer account.
Economic analyses and market research: For economic reasons and in order to be able to identify market trends, wishes of contractual partners and users, we analyse the data available to us on business transactions, contracts, inquiries, etc., whereby contractual partners, interested parties, customers, visitors and users of our online offer may fall into the group of persons affected.
The analyses are carried out for the purpose of economic evaluations, marketing and market research (e.g. to determine customer groups with different characteristics). If available, we can take into account the profiles of registered users including their details, e.g. on services used. The analyses solely serve us and are not disclosed externally, unless they are anonymous analyses with summarized, i.e. anonymized, values. Furthermore, we respect the privacy of the users and process the data for analysis purposes as pseudonymously as possible and, if feasible, anonymously (e.g. as summarized data).
Agency services: We process the data of our customers within the scope of our contractual services, which may include conceptual and strategic consulting, campaign planning, software and design development/consulting or maintenance, implementation of campaigns and processes, handling, server administration, data analysis/consulting services and training services.
Education and training services: We process the data of the participants of our education and training offers (uniformly referred to as "trainees") in order to be able to provide them with our training services. The data processed, the type, scope, purpose and necessity of their processing are determined by the underlying contractual and training relationship. The forms of processing also include the performance assessment and evaluation of our services and those of the instructors.
Within the scope of our activities, we may also process special categories of data, in particular data relating to the health of trainees, as well as data revealing ethnic origin, political opinions, religious or ideological beliefs. For this purpose, we obtain the express consent of the trainees, if necessary, and otherwise process the special categories of data only if it is necessary for the provision of training services, for purposes of health care, social protection or the protection of vital interests of the trainees.
Insofar as it is necessary for the fulfilment of our contract, for the protection of vital interests or legally required, or if the consent of the trainee has been obtained, we disclose or transfer the data of the trainee to third parties or agents, such as public authorities or in the field of IT, office or comparable services, in compliance with the requirements of professional law.
Project and development services: We process the data of our customers as well as clients (hereinafter uniformly referred to as "customers") in order to enable them to select, acquire or commission the selected services or works and related activities, as well as to pay for and make available or execute or provide them.
The required information is identified as such in the context of the order, contract or comparable contract conclusion and includes the information required for the provision of services and invoicing as well as contact information in order to be able to make any necessary arrangements. Insofar as we have access to information from end customers, employees or other persons, we process this information in accordance with the legal and contractual requirements.
Offer of software and platform services: We process the data of our users, registered and any test users (hereinafter uniformly referred to as "users") in order to be able to provide them with our contractual services and on the basis of legitimate interests, in order to be able to guarantee the security of our offer and to be able to further develop it. The required information is identified as such within the scope of the conclusion of the order, contract or comparable contract and includes the information required for the provision of services and invoicing as well as contact information in order to be able to make any necessary arrangements.
In order to provide our online services securely and efficiently, we use the services of one or more web hosting providers, from whose servers (or servers managed by them) the online services can be accessed. For these purposes, we may use infrastructure and platform services, computing capacity, storage space and database services as well as security and technical maintenance services.
The data processed within the scope of providing the hosting offer may include all data concerning the users of our internet presence, which are generated within the scope of use and communication. This regularly includes the IP address, which is necessary to be able to deliver the contents of online services to browsers, and all entries made within our internet presence or from websites.
E-mail dispatch and hosting: The web hosting services we use also include the dispatch, receipt and storage of e-mails. For these purposes, the addresses of the recipients and senders as well as other information concerning the e-mail dispatch (e.g. the providers involved) and the contents of the respective e-mails are processed. The aforementioned data may also be processed for spam detection purposes. Please note that e-mails on the Internet are generally not sent encrypted. As a rule, e-mails are encrypted in transit, but (unless an end-to-end encryption method is used) not on the servers where they are sent and received. We can therefore not assume any responsibility for the transmission path of the e-mails between the sender and the recepient on our server.
Collection of access data and log files: We ourselves (or our web hosting provider) collect data on every access to the server (so-called server log files). The server log files may include the address and name of the web pages and files accessed, date and time of access, data volume transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page) and, regularly, IP addresses and the requesting provider.
The server log files can be used for security purposes, e.g. to avoid overloading the servers (especially in the case of abusive attacks, so-called DDoS attacks) and to ensure the utilization of the servers and their stability.
Users can create a user account. Within the scope of registration, users are provided with the required mandatory data and processed for the purpose of providing the user account on the basis of contractual obligation fulfilment. The processed data includes in particular the login information (name, password and an e-mail address). The data entered during registration is used for the purposes of using the user account and its purpose.
Users can be informed by e-mail about processes relevant to their user account, such as technical changes. If users have cancelled their user account, their data with regard to the user account will be deleted, subject to a legal obligation to keep records. It is the responsibility of users to back up their data before the end of the contract if they have terminated it. We are entitled to irretrievably delete all of the user's data stored during the contract period.
In the context of the use of our registration and login functions as well as the use of the user account, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests as well as those of the users in protection against misuse and other unauthorized use. As a matter of principle, this data is not passed on to third parties, unless it is necessary to pursue our claims or there is a legal obligation to do so.
We use blogs or comparable means of online communication and publication (hereinafter "medium"). Readers' data are processed for the purposes of the medium only to the extent necessary for its presentation and for communication between authors and readers or for security reasons. In addition, we refer to the information on the processing of visitors to our medium within the scope of this privacy statement.
Comments and contributions: If users leave comments or other contributions, their IP addresses may be stored based on our legitimate interests. This is done for our security in case someone leaves illegal content in comments and contributions (insults, prohibited political propaganda, etc.). In this case we can be prosecuted ourselves for the comment or contribution and are therefore interested in the identity of the author.
Furthermore, based on our legitimate interests, we reserve the right to process user data for the purpose of spam detection.
The personal information provided in the comments and contributions, any contact and website information as well as the content will be permanently stored by us until the user objects.
When contacting us (e.g. via contact form, e-mail, telephone or via social media), the data of the inquiring persons will be processed to the extent that this is necessary to answer the contact inquiries and any requested measures.
The answering of contact inquiries within the scope of contractual or pre-contractual relations is done in order to fulfill our contractual obligations or to answer (pre)contractual inquiries and otherwise on the basis of our legitimate interest in answering the inquiries.
Web analysis (also known as "reach measurement") is used to evaluate the streams of visitors to our internet presence and may include behavior, interests or demographic information about visitors, such as age or gender, as pseudonymous values. With the help of the reach analysis we can, for example, identify at what time our internet presence or its functions or contents are most frequently used or invite reuse. We can also understand which areas require optimization.
In addition to web analysis, we can also use test procedures, for example to test and optimize different versions of our online offer or its components.
For these purposes, so-called user profiles can be created and stored in a file (a so-called "cookie") or similar procedures with the same purpose can be used. This information may include, for example, content viewed, web pages visited and elements used on those pages, and technical data such as the browser used, the computer system used, and information on usage times. If users have consented to the collection of their location data, this data may also be processed, depending on the provider.
The IP addresses of users are also stored. However, we use an IP masking procedure (i.e., pseudonymization by shortening the IP address) to protect the users. In general, in the context of web analysis, A/B testing and optimization, no clear user data (such as e-mail addresses or names) are stored, but pseudonyms. This means that we as well as the providers of the software used do not know the actual identity of the users, but only the information stored in their profiles for the purposes of the respective procedures.
The data processed by us will be deleted in accordance with the legal requirements as soon as their permission to process them is revoked or other permissions cease to apply (e.g. if the purpose for which they were processed ceases to apply or if they are not necessary for the purpose).
Unless the data are deleted because they are required for other and legally permissible purposes, their processing is limited to these purposes. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law or that must be stored for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural or legal person.
Further information on the deletion of personal data can also be found in the individual data protection notes of this privacy statement.
We kindly ask you to inform yourself regularly about the content of our privacy statement. We will adapt the privacy statement as soon as changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes make it necessary for you to take action to cooperate (e.g. to give your consent) or to receive other individual notification.
As a data subject, you are entitled to various rights under the GDPR, which result in particular from Art. 15 to 21 GDPR:
Created with free Datenschutz-Generator.de by Dr. Thomas Schwenke, translated from German.