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Data Protection

 

This data protection declaration informs you about the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the websites, functions and content associated with it as well as external online presences, such as our social media profile (hereinafter collectively referred to as the “online offer”). With regard to the terms used, such as “processing” or “responsible person”, we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).

Responsible person

Joachim Scholtz
Rentenberater / Legal Adviser
Falkenkorso 31a
D-14612 Falkensee
Germany
E-Mail: info@reclaimjustice.de
Legal notice

Types of data processed

– Inventory data (e.g., names, addresses).
– Contact details (e.g., email, telephone numbers).
– Content data (e.g., text entries, photographs, videos).
– Usage data (e.g. websites visited, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).

Categories of data subjects

Visitors and users of the online offering (hereinafter we refer to the affected persons collectively as “users”).

Purpose of processing

– Provision of the online offer, its functions and content.
– Answering contact requests and communicating with users.
– Safety measures.
– Reach measurement/marketing

Terms used

“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); A natural person is considered identifiable if he or she 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 (e.g. cookie) or one or more special features, which are an expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.

“Processing” means any operation or series of operations relating to personal data, carried out with or without the aid of automated procedures. The term is broad and encompasses virtually every way data is handled.

“Pseudonymization” means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures that ensure that the personal data not be assigned to an identified or identifiable natural person.

“Profiling” means any type of automated processing of personal data, which consists in using that personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation, health, personal Analyze or predict the preferences, interests, reliability, behavior, location or movements of that natural person.

The “controller” is the natural or legal person, public authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.

“Processor” means a natural or legal person, public authority, institution or other body that processes personal data on behalf of the controller.

Relevant legal bases

In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not stated in the data protection declaration, the following applies: The legal basis for obtaining consent is Article 6 Paragraph 1 Letter a and Article 7 GDPR, the legal basis for processing to fulfill our services and implement contractual measures as well Answering inquiries is Art. 6 Para. 1 lit. b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 Para. 1 lit. c GDPR, and the legal basis for processing to protect our legitimate interests is Art 6 Paragraph 1 Letter f GDPR. In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6 (1) (d) GDPR serves as the legal basis.

Safety measures

We take appropriate technical measures in accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of the processing as well as the different probability of occurrence and severity of the risk for the rights and freedoms of natural persons and organizational measures to ensure a level of protection appropriate to the risk.

The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, distribution, ensuring availability and its separation. We have also set up procedures to ensure the exercise of the rights of those affected, the deletion of data and the response to threats to data. We also take the protection of personal data into account when developing or selecting hardware, software and processes, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 GDPR).

Collaboration with processors and third parties

If, as part of our processing, we disclose data to other people and companies (contract processors or third parties), transmit it to them or otherwise grant them access to the data, this only takes place on the basis of legal permission (e.g. if the data is transmitted to third parties, such as to payment service providers, in accordance with Art. 6 Paragraph 1 lit.

If we commission third parties to process data on the basis of a so-called “order processing contract”, this is done on the basis of Art. 28 GDPR.

Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs as part of the use of third-party services or disclosure or transmission of data to third parties, this will only occur if it is done to fulfill our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or have the data processed in a third country if the special requirements of Art. 44 ff. GDPR are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level that corresponds to the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).

Rights of data subjects

You have the right to request confirmation as to whether the data in question is being processed and to receive information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.

You have accordingly. Art. 16 GDPR gives you the right to request that the data concerning you be completed or that incorrect data concerning you be corrected.

In accordance with Art. 17 GDPR, you have the right to demand that the data in question be deleted immediately, or alternatively, in accordance with Art. 18 GDPR, to request a restriction on the processing of the data.

You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.

In accordance with Article 77 of the GDPR, you also have the right to lodge a complaint with the responsible supervisory authority.

Right of withdrawal

You have the right to revoke your consent in accordance with Article 7 Paragraph 3 of the GDPR with effect for the future.

Right to object

You can object to the future processing of your data at any time in accordance with Art. 21 GDPR. The objection can in particular be made against processing for direct advertising purposes.

Cookies and right to object to direct advertising

“Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offering. Temporary cookies, or “session cookies” or “transient cookies,” are cookies that are deleted after a user leaves an online offering and closes their browser. Such a cookie can, for example, store the contents of a shopping cart in an online shop or a login status. Cookies that remain stored even after the browser is closed are referred to as “permanent” or “persistent”. For example, the login status can be saved if users visit it after several days. The interests of users can also be stored in such a cookie, which is used for range measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the person responsible for operating the online offering (otherwise, if they are only their cookies, they are referred to as “first-party cookies”).

We can use temporary and permanent cookies and explain this in our data protection declaration.

If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Saved cookies can be deleted in the browser’s system settings. The exclusion of cookies can lead to functional restrictions of this online offer.

A general objection to the use of cookies used for online marketing purposes can be made for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/ can be explained. Furthermore, the storage of cookies can be achieved by switching them off in the browser settings. Please note that not all functions of this online offer may then be able to be used.

Deletion of data

The data we process will be deleted or its processing will be restricted in accordance with Articles 17 and 18 of the GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any legal retention obligations. Unless the data is deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.

According to legal requirements in Germany, storage takes place in particular for 10 years in accordance with Sections 147 Paragraph 1 AO, 257 Paragraph 1 Nos. 1 and 4, Paragraph 4 HGB (books, records, management reports, accounting documents, trading books, more relevant for taxation). documents, etc.) and 6 years in accordance with Section 257 Paragraph 1 Nos. 2 and 3, Paragraph 4 HGB (commercial letters).

According to legal requirements in Austria, storage takes place in particular for 7 years in accordance with Section 132 Paragraph 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statements of income and expenses, etc.), for 22 years in connection with real estate and for 10 years for documents relating to electronically provided services, telecommunications, radio and television services that are provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.

Contractual services

We process the data of our contractual partners and interested parties as well as other clients, customers, clients, clients or contractual partners (uniformly referred to as “contractual partners”) in accordance with Article 6 Paragraph 1 Letter b. GDPR in order to provide you with our contractual or pre-contractual services. The data processed here, the type, scope and purpose and necessity of their processing are determined by the underlying contractual relationship.

The data processed includes the master data of our contractual partners (e.g. names and addresses), contact data (e.g. e-mail addresses and telephone numbers) as well as contract data (e.g. services used, contract content, contractual communication, names of contact persons) and payment data (e.g. Bank details, payment history).

As a general rule, we do not process special categories of personal data, unless these are part of commissioned or contractual processing.

We process data that is necessary to justify and fulfill the contractual services and point out the necessity of providing them if this is not obvious to the contractual partners. Disclosure to external persons or companies will only occur if required as part of a contract. When processing the data provided to us as part of an order, we act in accordance with the instructions of the client and the legal requirements.

When using our online services, we can store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the interests of the users in protecting against misuse and other unauthorized use. In principle, this data will not be passed on to third parties unless it is necessary to pursue our claims in accordance with Article 6 Paragraph 1 Letter f of the GDPR or there is a legal obligation to do so in accordance with Article 6 Paragraph 1 Letter c. GDPR.

The data will be deleted when the data is no longer required to fulfill contractual or legal duties of care as well as to deal with any warranty and comparable obligations, whereby the necessity of retaining the data is reviewed every three years; Otherwise, the statutory retention requirements apply.

Administration, financial accounting, office organization, contact management

We process data as part of administrative tasks such as organizing our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process as part of the provision of our contractual services. The basis for processing is Article 6 Paragraph 1 Letter c. GDPR, Art. 6 Para. 1 lit. f. GDPR. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in the processing lies in administration, financial accounting, office organization, archiving of data, i.e. tasks that serve to maintain our business activities, carry out our tasks and provide our services. The deletion of data with regard to contractual services and contractual communication corresponds to the information provided in these processing activities.

We disclose or transmit data to the tax authorities, consultants such as tax advisors or auditors as well as other fee offices and payment service providers.

Furthermore, based on our business interests, we store information about suppliers, organizers and other business partners, e.g. for the purpose of later contact. We generally store this mostly company-related data permanently.

Comments and posts

If users leave comments or other contributions, their IP addresses may be stored for 7 days based on our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. GDPR. This is done for our security if someone leaves illegal content in comments and posts (insults, prohibited political propaganda, etc.). In this case, we ourselves can be prosecuted for the comment or contribution and are therefore interested in the identity of the author.

We also reserve the right to process user information for spam detection based on our legitimate interests in accordance with Article 6 Paragraph 1 Letter f of the GDPR.

On the same legal basis, in the case of surveys, we reserve the right to store users‘ IP addresses for their duration and to use cookies to avoid multiple voting.

The data provided in the comments and posts will be permanently stored by us until the user objects.

Akismet anti-spam check

Our online offering uses the “Akismet” service, which is offered by Automattic Inc., 60 29th Street #343, San Francisco, CA 94110, USA. The use is based on our legitimate interests within the meaning of Article 6 Paragraph 1 Letter f) GDPR. With the help of this service, comments from real people are distinguished from spam comments. For this purpose, all comment information is sent to a server in the USA, where it is analyzed and stored for four days for comparison purposes. If a comment is classified as spam, the data will be stored beyond this time. This information includes the name entered, the email address, the IP address, the comment content, the referrer, information about the browser used and the computer system and the time of the entry.

Further information on Akismet’s collection and use of data can be found in Automattic’s data protection information: https://automattic.com/privacy/.

Users are welcome to use pseudonyms or forgo entering their name or email address. You can completely prevent the transfer of data by not using our comment system. That would be a shame, but unfortunately we don’t see any other alternatives that work as effectively.

Contact

When contacting us (e.g. via contact form, email, telephone or via social media), the user’s information is processed to process the contact request and process it in accordance with Article 6 Paragraph 1 Letter b) GDPR. User information can be stored in a customer relationship management system (“CRM system”) or comparable inquiry organization.

We delete the requests if they are no longer necessary. We review the necessity every two years; The statutory archiving obligations also apply.

Hosting an E-Mail

The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, email delivery, security services and technical maintenance services, which we use for the purpose of operating this online offering.

In doing so, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data from customers, interested parties and visitors to this online offering based on our legitimate interests in the efficient and secure provision of this online offering in accordance with Art. 6 Para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of order processing contract).

Collection of access data and log files

We, or our hosting provider, collect data about every access to the server on which this service is located (so-called server log files) based on our legitimate interests within the meaning of Article 6 Paragraph 1 Letter f of the GDPR. The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider .

Log file information is stored for security reasons (e.g. to investigate acts of abuse or fraud) for a maximum of 7 days and then deleted. Data whose further storage is necessary for evidentiary purposes is excluded from deletion until the respective incident has been finally clarified.

Google Analytics

Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 Para. 1 lit. f. GDPR), we use Google Analytics, a web analysis service from Google LLC (“Google”). Google uses cookies. The information generated by the cookie about users‘ use of the online offering is usually transferred to a Google server in the USA and stored there.

Google is certified under the Privacy Shield Agreement and thereby offers a guarantee that it will comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

Google will use this information on our behalf to evaluate the use of our online offering by users, to compile reports on the activities within this online offering and to provide us with other services related to the use of this online offering and internet usage. Pseudonymous user profiles can be created from the processed data.

We only use Google Analytics with IP anonymization activated. This means that the user’s IP address is shortened by Google within member states of the European Union or in other contracting states 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 the user’s browser is not merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; Users can also prevent Google from collecting the data generated by the cookie and relating to their use of the online offering and from processing this data by Google by downloading and installing the browser plug-in available at the following link: http://tools .google.com/dlpage/gaoptout?hl=de.

Further information on data usage by Google, settings and objection options can be found in Google’s data protection declaration (https://policies.google.com/technologies/ads) and in the settings for the display of advertising by Google (https:// adssettings.google.com/authenticated).

Users‘ personal data will be deleted or anonymized after 14 months.

Integration of third-party services and content

Within our online offering, we use content or service offerings from third-party providers based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 Para. 1 lit. f. GDPR) in order to improve their content and To integrate services such as videos or fonts (hereinafter referred to as “content”).

This always assumes that the third party providers of this content are aware of the user’s IP address, as without the IP address they would not be able to send the content to their browser. The IP address is therefore required to display this content. We strive to only use content whose respective providers only use the IP address to deliver the content. Third parties may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information can also be stored in cookies on the user’s device and may contain, among other things, technical information about the browser and operating system, referring websites, visiting time and other information about the use of our online offering, as well as being linked to such information from other sources.

Google Fonts

We incorporate the fonts (“Google Fonts”) from the provider Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Data protection declaration: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.

Google Maps

We incorporate the maps from the “Google Maps” service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. The data processed may include, in particular, users‘ IP addresses and location data, which, however, are not collected without their consent (usually carried out as part of the settings of their mobile devices). The data can be processed in the USA. Data protection declaration: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.

Time of creation

The most current version of this data protection declaration applies. As of January 22, 2019.

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