Privacy Policy

DATA PROTECTION DECLARATION

I.   NAME AND CONTACT DETAILS OF THE DATA CONTROLLER AND THE COMPANY DATA PROTECTION OFFICER

This data protection information applies to data processing by:

Responsible party:

Agentur Kling GbR (hereinafter: Agency),
Owner/Managing Director: Anja Kling-Haas & Oliver Haas,
Vogelweide 36,
D-14552 Michendorf,
Germany

Email: oliver@agentur-kling.de
Phone: +49 (0) 151 23030563

SCOPE OF THE PROCESSING OF PERSONAL DATA
As a matter of principle, we only process personal data of our users to the extent that this is necessary for the provision of a functional website as well as our contents and services. The processing of personal data of our users is regularly only carried out with the consent of the user. An exception applies in those cases in which obtaining prior consent is not possible for actual reasons and the processing of the data is permitted by legal regulations.

LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA
Insofar as we obtain the consent of the data subject for processing operations involving personal data, Art. 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.

When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) (b) DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the implementation of pre-contractual measures.

Insofar as the processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject, Art. 6 (1) lit. c DSGVO serves as the legal basis.

In the event that vital interests of the data subject or another natural person make the processing of personal data necessary, Art. 6 (1) (d) DSGVO serves as the legal basis.

If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 (1) lit. f DSGVO serves as the legal basis for the processing.

DELETION OF DATA AND STORAGE PERIOD
The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. Storage may take place beyond this if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a necessity for the continued storage of the data for the conclusion or fulfilment of a contract.

III. PROVISION OF THE WEBSITE AND CREATION OF LOG FILES

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 type of browser and the 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

LEGAL BASIS FOR DATA PROCESSING
The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 lit. f DSGVO.

PURPOSE OF DATA PROCESSING
The 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.

These purposes also constitute our legitimate interest in data processing pursuant to Art. 6 (1) lit. f DSGVO.

DURATION OF STORAGE
The data is deleted as soon as it is no longer required to achieve 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.

In the case of storage of data 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 alienated so that an assignment of the calling client is no longer possible.

POSSIBILITY OF OBJECTION AND REMOVAL
The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility for the user to object.

IV.   USE OF COOKIES

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 calling browser can be identified even after a page change.

The following data is stored and transmitted in the cookies:

Language settings
Log-in information

b) Use of technically unnecessary cookies

We also use cookies on our website that enable an analysis of the user’s surfing behaviour.

The following data can be transmitted in this way:

Search terms entered
Frequency of page views
Use of website functions

When calling up our website, the user is informed about the use of cookies and his or her consent to the processing of personal data used in this context is obtained. In this context, a reference to this data protection declaration is also made.

LEGAL BASIS FOR DATA PROCESSING
a) Use of technically necessary cookies

The Federal Republic of Germany has not (explicitly) implemented the part of the ePrivacy Directive (namely the so-called Cookie Directive) regulating the use of cookies. According to the Conference of the Independent Data Protection Authorities of the Federation and the Länder (DSK) of 26 April 2018, only the General Data Protection Regulation (GDPR) can thus be considered as the legal basis for the processing of personal data through the use of cookies as of 25 May 2018.

b) Use of technically unnecessary cookies

The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 (1) lit. a DSGVO if the user has given his or her consent in this regard.

PURPOSE OF DATA PROCESSING
a) Use of technically necessary cookies

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 is recognised even after a page change.

We require cookies for the following applications:

Acceptance of language settings
Remembering search terms

b) Use of technically unnecessary cookies

Analysis cookies are used to improve 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 are also our legitimate interest in processing the personal data according to Art. 6 para. 1 lit. f DSGVO.

V.   NEWSLETTER

DESCRIPTION AND SCOPE OF DATA PROCESSING
On our website, you have the option of subscribing to a free newsletter. When registering for the newsletter, the data from the input mask is transmitted to us.

E-mail address
In addition, the following data is collected during registration:

IP address of the calling computer
Date and time of registration

Your consent is obtained for the processing of data during the registration process and reference is made to this data protection declaration.

No data will be passed on to third parties in connection with the data processing for sending newsletters. The data is used exclusively for sending the newsletter.

LEGAL BASIS FOR DATA PROCESSING
The legal basis for the processing of data after registration for the newsletter by the user is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.

PURPOSE OF DATA PROCESSING
The collection of the user’s e-mail address serves to deliver the newsletter.

The collection of other personal data as part of the registration process serves to prevent misuse of the services or the e-mail address used.

DURATION OF STORAGE
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. The user’s e-mail address is therefore stored for as long as the subscription to the newsletter is active.

The other personal data collected during the registration process is usually deleted after a period of seven days.

POSSIBILITY OF OBJECTION AND CANCELLATION
The subscription to the newsletter can be cancelled by the user concerned at any time. For this purpose, there is a corresponding link in each newsletter.

This also enables revocation of consent to the storage of personal data collected during the registration process.

DESCRIPTION AND SCOPE OF DATA PROCESSING
Our website contains a contact form which can be used to contact us electronically. If a user takes advantage of this option, the data entered in the input mask is transmitted to us and stored. These data are:

At the time the message is sent, the following data is also stored:

The IP address of the user
Date and time of registration

For the processing of the data, your consent is obtained during the sending process and reference is made to this data protection declaration.

Alternatively, 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.

In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.

LEGAL BASIS FOR DATA PROCESSING
The legal basis for the processing of data is Art. 6 (1) lit. a DSGVO if the user has given his 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 DSGVO. If the e-mail contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO.

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

DURATION OF STORAGE
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when the circumstances indicate that the matter in question has been conclusively clarified.

POSSIBILITY OF OBJECTION AND REMOVAL
The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he or she can object to the storage of his or her personal data at any time. In such a case, the conversation cannot be continued.

Here, a description must be given of the way in which the revocation of consent and the objection to storage is made possible.

All personal data stored in the course of contacting us will be deleted in this case.

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:

RIGHT OF ACCESS
You may request confirmation from the controller as to whether personal data relating to you is being processed by us.

If such processing is taking place, you may request the controller to provide you with the following information:

(1) the purposes for which the personal data are processed;

(2) the categories of personal data which are processed;

(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;

(4) the envisaged duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;

(5) the existence of a right to obtain the rectification or erasure of personal data concerning you, a right to obtain the restriction of processing by the controller or a right to object to such processing;

(6) the existence of a right of appeal to a supervisory authority;

(7) any available information on the origin of the data, if the personal data are not collected from the data subject;

(8) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information on whether personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 DSGVO in connection with the transfer.

In the case of data processing for scientific, historical or statistical research purposes:

This right of access may be limited to the extent that it is likely to make impossible or seriously compromise the achievement of the research or statistical purposes and the limitation is necessary for the fulfilment of the research or statistical purposes.

In the case of data processing for scientific, historical or statistical research purposes:

Your right to rectification may be limited to the extent that it is likely to make impossible or seriously prejudice the achievement of the research or statistical purposes and the limitation is necessary for the fulfilment of the research or statistical purposes.

RIGHT TO RESTRICTION OF PROCESSING
You may request the restriction of the processing of personal data concerning you 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 object to the erasure of the personal data and request instead the restriction of the use of the personal data;

(3) the controller no longer needs the personal data for the purposes of the processing but you need it for the establishment, exercise or defence of legal claims; or

(4) if you have objected to the processing pursuant to Article 21(1) DSGVO and it has not yet been determined whether the legitimate grounds of the controller outweigh your grounds.

If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

In the case of data processing for scientific, historical or statistical research purposes:

Your right to restriction of processing may be limited to the extent that it is likely to render impossible or seriously impede the achievement of the research or statistical purposes and the restriction is necessary for the fulfilment of the research or statistical purposes.

RIGHT TO ERASURE
a) Obligation to erase

(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.

(2) You withdraw your consent on which the processing was based pursuant to Art. 6(1)(a) or Art. 9(2)(a) of the GDPR and there is no other legal basis for the processing.

(3) You object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) of the GDPR.

(4) The personal data concerning you have been processed unlawfully.

(5) The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.

(6) The personal data concerning you has been collected in relation to information society services offered pursuant to Article 8(1) of the 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 Article 17(1) of the GDPR, it shall take reasonable steps, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to, or copies or replications of, that personal data.

c) Exceptions

The right to erasure does not apply insofar as the processing is necessary for

(1) for the exercise of the right to freedom of expression and information;

(2) for compliance with a legal obligation which requires processing under 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 Article 9(2)(h) and (i) and Article 9(3) of the GDPR;

(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, insofar as the right referred to in section (a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or

(5) for the assertion, exercise or defence of legal claims.

You have the right to be informed of these recipients by the data controller.

RIGHT TO DATA PORTABILITY
You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data has been provided, provided that.

(1) the processing is based on consent pursuant to Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 lit. b DSGVO and

(2) the processing is carried out with the help of automated procedures.

The right to data portability shall not apply to 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.

RIGHT TO OBJECT
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) DSGVO; this also applies to profiling based on these provisions.

The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.

If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling insofar as 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 possibility, in the context of the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.

In the case of data processing for scientific, historical or statistical research purposes:

You also have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) of the GDPR.

Your right to object may be limited to the extent that it is likely to render impossible or seriously impede the achievement of the research or statistical purposes and the limitation is necessary for the fulfilment of the research or statistical purposes.

RIGHT TO REVOKE THE DECLARATION OF CONSENT UNDER DATA PROTECTION LAW
You have the right to withdraw your data protection consent at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

(1) is necessary for the conclusion or performance of a contract between you and the controller,

(2) is permitted by legislation of the Union or the Member States to which the controller is subject and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests; or

(3) is made with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9(1) of the GDPR, unless Art. 9(2)(a) or (g) of the 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 mentioned in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, which include at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.

RIGHT TO COMPLAIN TO 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 residence, place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

VIII.   UPDATING AND AMENDMENT OF THIS DATA PROTECTION DECLARATION

This data protection declaration is currently valid and is as of May 2018.

Due to the further development of our website and offers on it or due to changed legal or official requirements, it may become necessary to change this data protection declaration. You can access and print out the current data protection declaration at any time on the website at https://www.agentur-kling.de.