Data Protection

The protection of and the legally-compliant collection, processing and use of your personal data is an important concern for us. Personal data are subject to special protection and only collected by us to the extent required technically. When processing your personal data, we comply strictly with the statutory data protection regulations in the German Federal Data Protection Act (BDSG) and in the German Telemedia Act (TMG), as well as in this data protection statement. We would like to inform you hereunder about our data collection and data use.

Use of our website is fundamentally possible without providing personal data. Pseudonymised usage data are not combined with the data of the bearer of the pseudonym. Any creation of pseudonym usage profiles does not occur. To the extent that personal data (such as names, postal addresses or email addresses, for instance) are collected, this always occurs on a voluntary basis whenever possible. These data are forwarded to third parties solely for the fulfilment of the respective purpose. May we draw your attention to the fact that data transmission via the internet (e.g. when communicating by email) can involve gaps in security. Complete protection of the data against access by third parties is not possible. By agreeing to the following data protection statement, you consent to the collection, processing and usage of your personal data in compliance with the data protection laws and the following provisions.

The responsible party in the meaning of the General Data Protection Regulation (GDPR) and of other national data protection laws of the Member States, as well as of miscellaneous data protection regulations is:

Firm:                       PROAKTIV Management GmbH

Street, number:       Baierbrunner Strasse 25 
Postal code, city:     81379 Munich

Tel.:                        + 49 89 / 78 58 15 80

Email:                     info@proaktiv-online.de
Internet:                 www.proaktiv-management.de

PROAKTIV has appointed Alexander Gille, Steuerberater- und Rechtsanwaltskanzlei Gille, Neuenteich 20, 42107 Wuppertal, a.gille@kanzlei-gille.com, as the data protection officer.

With purely informative usage of the website, i.e. when you do not register yourself or transfer information to us otherwise, we only collect your personal access data in so-called server log files, which your browser transfers to our server. The following data are raised in the context of the server log files:

• IP address
• Date and time of the request
• Time zone difference to Greenwich Mean Time (GMT)
• Content of the request (concrete page)
• Access status/HTTP status code
• Data volume transferred in each case
• Website from which the request comes
• Browser
• Operating system and its interface
• Language and version of the browser software.

These data are solely evaluated to secure fault-free operation of the website in terms of its stability and security, as well as to improve the products and services we offer, and are subsequently discarded. The legal basis for the data processing consists of Sec. 6 Para. 1 Page 1 Letter f German Data Protection Regulation (DSGVO). Our legitimate interest results from the aforementioned data collection purposes.

The data are also stored in the log files of our system. The IP addresses of the users or other data that permit the allocation of the data to a user are not affected by same. Storage of these data together with other personal data of the users does not occur.

The recording of the data for the provision of the website and the storage of the data in log files is an essential requirement for the operation of the internet homepage. Consequently, there is no appeal or objection procedure for same on the part of the users. The data are deleted as soon as they are no longer required for the fulfilment of the purpose of their collection. In the cases of data collected for the provision of the website, this occurs when the respective session ends.

The hosting services we avail of serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services, which we utilize for the purpose of operating this website and contents. For the service hosting and securing of our data, we utilize the server and crowd storages of the company CORPEX Internet GmbH, Schauenburgstrasse 6, 20095 Hamburg, Germany.

In this regard, we or our hosting provider process master data, contact data, content data contractual data, usage data, meta and communications data from customers, interested parties and visitors of this online website and content on the basis of our legitimate interests in an efficient and secure provision and availability of this online website and content in accordance with Sec. 6 Para. 1 Letter f German Data Protection Regulation (DSGVO) in conjunction with Sec. 28 DSGVO (conclusion of order processing contract).

The only persons with access to your personal data are employees of PROAKTIV who are responsible for the technical administration, servicing and further development of the website, as well as employees who oversee and service the blog. In the event that you request informational material, the employees who are responsible for the sending of the material also received access to your personal data. Furthermore in order to service and maintain its IT systems, PROAKTIV engages external IT service companies, which can receive access to your personal data as the case may be in the context of their related work. The same is true for the hosting provider. In addition, employees of Google and the operators of social plugins can gain access to your personal data as described hereunder.

We endeavour to utilize all possible technical and organizational options to store your personal data in such a way that it is not accessible for third parties. When communicating by email, complete data security cannot be guaranteed by us, for which reason we recommend your sending confidential information by post.

This website uses TLS encryption for security reasons and in order to protect the transfer of confidential content, such as the requests that you send to us as the website operator, for instance. You recognize an encrypted connection in that the address bar in the browser changes from "http://" to "https://" and at the lock symbol in the browser line. When the TLS encryption is enabled, the data that you transfer to us cannot be read by third parties.

For the additional securing of the complete website, we utilizes the services of Cloudflare Inc., 101 Townsend Street, San Francisco, CA 94107, USA, for said purpose.

In addition to the purely informative usage of our website, we provide various services, products and service offers and functions, which you can use when interested. To do so, as a rule you have to provide further personal data that we utilize in order to render the respective service and to which the abovementioned data processing principles apply. The services, product offers and functions are described in more detail hereunder for you.

A contact form is available on our website, which can be used to contact us electronically. When a user avails of this option, the data entered in the input mask are transferred to us and stored.

In order to process the data, your consent to same is obtained during the sending process and reference is provided to this data protection statement.

Alternatively, contact can be effected via the email addresses provided. In this case, the user’s personal data transferred with the email are stored. No forwarding of the data to third parties occurs in this context. The data are solely used for the processing of the request. The processing of the personal data from the input masks solely serves for us to process the establishment of the contact. In cases of contact being effected by email, the required legitimate interest in the processing of the data is also a given here. The other personal data processed during the sending process serve to prevent any misuse of the contact form and to ensure the security of our information technology systems.

When booking an open training course, a webinar, or when requesting test access, personal data are collected via the booking form. The processing of these personal data serves solely to conclude the transaction or order, or to test a product, i.e. for the service requested. No forwarding of the data to third parties occurs in this context, however they are transferred for internal processing into the CMR system of PROAKTIV Management GmbH and utilized for data processing in the context of the PROAKTIV learning management system. Webinars are held via Zoom sessions, with the related data protection provisions provided here. Further information on the processing of personal data when conducting online training from PROAKTIV Management GmbH is provided here.

The website is based on a CraftCMS version from the manufacturer Pixel & Tonic Inc., 919 NW Bond St. Ste 203, Bend, OR 97703 USA. As a database-driven CMS, all transmissions of a contact form or of a booking and test access request are stored within the system. In order to process the data, your consent to same is obtained during the sending process and reference is provided to this data protection statement. No forwarding of the data to third parties occurs in this context. The data are solely used for the processing of the request. The processing of the personal data serves solely to conclude a transaction and order, as well as to process the contact established, i.e. for the service requested. No forwarding of the data to third parties occurs in this context, however they are transferred for internal processing into the CMR system of PROAKTIV Management GmbH.

In order to register for our newsletter, we utilize the so-called double-opt-in method, i.e. we only first send you a newsletter by email when you have expressly confirmed to us in advance that we should activate the newsletter service. Thus, we send newsletters out only after the appropriate registration, i.e. with your consent on the basis of Sec. Para. 1 Letter a) German Data Protection Regulation (DSGVO).

Following your registration for the newsletter, we initially send a notification email to you to the email address you provided and request you to confirm, by clicking on one of the links contained in this email, that you would like to receive our newsletter. By clicking the link, you confirm the consent you provided in relation to the newsletter.

Should you subsequently wish to not receive any more newsletters from us, you can revoke your consent at all times without any costs arising to you from same. An option to do so is provided in every newsletter via a so-called unsubscribe link.

The sending of the newsletter occurs via the "mailing-work" newsletter service provider of mailingwork GmbH, Birkenweg 7, 09569 Oederan, https://mailingwork.de. In this respect, the data processing occurs on our account on the basis of an order data processing agreement. We trust and have confidence in the reliability and the IT as well as the data security of the mailing-work company, whose server architecture is, as per their own information, located in one of the most modern high-tech computing centres in Germany.

Please note that following the sending of the newsletter, we are able to evaluate your user behavior with respect to our newsletter. For this evaluation, the emails sent can contain so-called web beacons, which are also called tracking pixels. These are single-pixel image files that are linked to our website and thus permit us to evaluate your user behavior with respect to our newsletter. This occurs by collecting technical information, e.g. on your browser, your system, your IP address and the point in time of the visit, as well as web beacons that are allocated to your email address and are combined with their own ID. In this respect, the data processing occurs on the basis of our legitimate interests in the meaning of Sec. 6 Para. 1 Letter f) German Data Protection Regulation (DSGVO), i.e. on the basis of our interest in the analysis of the user behavior and having content optimization of our newsletter. Tracking by means of web beacons is not possible when you have the displaying of images deactivated by default in your email program. In this case, however, the newsletter will not be displayed to you in its entirety and you can potentially not use all of the functions. When you display the images manually, the tracking described above occurs.

We incorporate the fonts ("Google fonts") from the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Data protection statement: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.

We incorporate the function for recognizing bots, e.g. when inputting into online forms ("ReCaptcha") of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Data protection statement: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.

In order to design the visits to our website in a user-friendly and effective way, as well as to permit the usage of certain functions, we utilize so-called cookies on various pages. These consist of small text files that are stored on your terminal device and which save specific settings and data to share with our system via your browser. Specific information flows via the cookies to whoever set the cookies (by us here). Cookies are not able to run a program or transfer viruses to your computer.

Cookies do not contain any personal data and thus cannot be allocated directly to a user.  Please note that certain cookies are already set as soon as you enter our website. This website uses the following kinds of cookies:

– Necessary/functional cookies: These cookies are required to permit the operation of our website. These include cookies, for instance, that permit you to log in to the customer area, or to place something in the shopping basket.

– Transient cookies: These are automatically deleted when you close your browser. These include especially the session cookies. These save a so-called session ID, with which various requests by your browser can be allocated to the shared session. In this way, your computer can be recognized when you return to our website. The session cookies are deleted when you log out or close the browser.

– Persistent cookies: These are automatically deleted after a specified period of time, which can differ depending on the cookie. You can delete the cookies in the security settings of your browser at all times.

– Third-party cookies: These cookies help us to design the internet products and services we offer, as well as our website, in a more interesting way for you. For which reason, cookies from third parties are also stored when you visit our website. These consist of temporary cookies that are automatically deleted after the specified period of time. As a rule, cookies from third parties are deleted after a few days or up to 24 months later, and in individual cases also after several years. Likewise, the cookies from our partner companies do not contain any personal data. Only pseudonym data are collected under a user ID. These pseudonymous data are never combined with your personal data at any point in time.

You can configure your browser settings in accordance with your preferences and refuse to accept third-party cookies, for instance, or all cookies. You can also configure your browser in such a way that you are always informed when a cookie is set. Please consult the respective provider of your browser to do so. Please note that by rejecting cookies, you may not be able to use all of the functions on this website.

Each browser differs in the way that it administers the cookie settings. This is described in the help menu of each browser, where it is explained how you can change your cookie settings. These are provided for the respective browsers under the following links:

Internet Explorer™: http://windows.microsoft.com/de-DE/windows-vista/Block-or-allow-cookies
Safari™: https://support.apple.com/de-de/guide/safari/sfri11471/mac
Chrome™: http://support.google.com/chrome/bin/answer.py?hl=de&hlrm=en&answer=95647
Firefox™ https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
Opera™ : https://help.opera.com/de/latest/security-and-privacy/

The legal basis for the use of cookies consist of Sec. 6 Para. 1 Page 1 Letter f German Data Protection Regulation (DSGVO). Our legitimate interest results from the aforementioned purposes of making our website product and services more user friendly and more effective.

We use Google Analytics in order to analyze the usage of our website and to be able to improve it on a regular basis. With the statistics obtained, we are able to improve the products and services we offer and design them in a more interesting way for you, the user. For those exceptional cases in which personal data are transferred to the USA, Google has obligated itself to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics consists of Sec. 6 Para. 1 Page 1 Letter f German Data Protection Regulation (DSGVO). Our legitimate interest results from the aforementioned purposes.

Information on the third-party provider: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, fax: +353 (1) 436 1001. User conditions: http://www.google.com/analytics/terms/de.html , data protection overview: http://www.google.com/intl/de/analytics/learn/privacy.html , as well as the data protection statement: http://www.google.de/intl/de/policies/privacy .

Google Analytics utilizes so-called "cookies", text files that are stored on your computer and which permit analysis of the use of the website by you. These concern cookies from Google itself (Google Analytics cookies) and so-called third-party provider cookies (double-click cookies). The information generated by the cookies about your usage of this website is transmitted as a rule to a server of Google in the USA and stored there.

IP anonymization: We have activated the IP anonymization function in Google Analytics on this website. Thus, prior to transmission to the USA, your IP address is shortened by Google within the Member States of the European Union or in other States party to the Agreement on the European Economic Area. Only in exceptional cases is the complete IP address transferred to a Google server in the USA and shortened there. Google uses this information on behalf of the operator of this website to evaluate your usage of the website in order to compile reports about the website activities and for providing further services in connection with the website usage and internet usage in relation to the website operator. The IP address from your browser transferred as part of the Google Analytics function is not compiled with other data from Google.

This website uses the Google Analytics "demographic features" function. This permits the preparation of reports that contain information about the age, gender and interests of the visitors to the website. These data come from interest-based advertising from Google, as well as from third-party provider visitor data. It is not possible to allocate these data to specific persons. You can deactivate this function in your Google account at all times via the display settings, or generally disallow the capturing of your data by Google Analytics, as presented in the "objection to data collection" point.

You can prevent the storage of cookies by selecting the appropriate settings on your browser software; however please note that if you do this, you may not be able to use all of the functions on this website to their complete extent as the case may be. Furthermore, you can prevent the recording of the data (including your IP address) related to your use of this website that is generated by the cookie for forwarding to Google together with the processing of said data by Google by downloading and installing the browser plugin available at the following link: [http://tools.google.com/dlpage/gaoptout?hl=de].

We have concluded an order data processing contract with Google and implement the strict stipulations of the German data protection authorities when using Google Analytics.

This website uses the Google Tag Manager. The Google Tag Manager is a solution with which marketers can administer website tags via an interface. The Tag Manager tool itself (which implements the tags) is a cookie-less domain and does not capture any personal data. The tool effects the triggering of other tags that, for their part, capture data under certain circumstances. The Google Tag Manager has no access to these data. When a deactivation is effected on a domain or cookie level, this continues and remains for all tracking tags that are implemented with the Google Tag Manager.

We use the "Google AdWords" online advertising program and the Conversion Tracking feature as part of Google AdWords. The Google Conversion Tracking is an analysis service from Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). When you click on an ad delivered by Google, a cookie is stored on your computer for the Conversion Tracking. These cookies become invalid after 30 days, do not contain any personal data and thus do not permit any personal identification. When you visit certain internet pages on our website and the cookie has not yet expired, both we and Google can recognize that you clicked on the advertisement and that you were directed to this page. Every Google AdWords customer receives a different cookie. In this way the possibility is excluded that cookies can be traced via the websites of AdWords customers.

The information obtained with the help of the conversion cookie serves for the preparation of conversion statistics for AdWords customers who have decided to use Conversion Tracking. Doing so, the customers learn the total number of users who have clicked their advertisement and were forwarded to a page fitted with a Conversion Tracking tag. However, they do not receive any information that would permit the personal identification of the users.

If you would like to stop participating in the tracking, you can revoke this usage by preventing the installation of the cookies through an appropriate setting of your browser software (option to deactivate). You will then not be included in the Conversion Tracking statistics. Further information, as well as the Google data protection statement is provided here: http://www.google.com/policies/technologies/ads/, http://www.google.de/policies/privacy/

The provider uses the Remarketing or "similar target groups" function of Google Inc. ("Google"). With this feature, the provider can address the website visitors with targeted advertising by running personalized, interest-related advertising for visitors to the provider’s website when they visit other websites in a Google Display network. Google uses so-called cookies for analyzing the website usage, which forms the basis for preparing the interest-related advertisements. To do so, Google stores a small file with a numerical sequence on the browsers of the website’s visitors. This number is used to record the visits to the website, as well as anonymized data about the website usage. No storage of the website visitors’ personal data occurs. If you subsequently visit another website in a Google Display network, pop-ups are displayed to you that are highly likely to take into account previously accessed product and information areas. You can permanently deactivate the use of cookies by Google by following the link provided below and downloading and installing the plugin available there: https://www.google.com/settings/ads/plugin. Alternatively, you can deactivate the use of cookies by third-party providers by calling up the deactivating site of the Network Advertising Initiative under http://www.networkadvertising.org/choices/ and implementing the additional information for the opt-out mentioned there. You can view further information on Google Remarketing, as well as about Google’s data protection statement under: http://www.google.com/privacy/ads/.

We use the Conversion Tracking feature of the Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA, on our pages. Doing so, a cookie from Microsoft Bing Ads is stored on your computer, provided you reach our website via a Microsoft Bing advertisement. In this way, Microsoft Bing and we can recognize that someone has clicked on an advertising, was forwarded to our website and had reached a target page (conversion page) previously specified. Doing so, we only learn the total number of users who have clicked on a Bing advertisement and were then forwarded to the conversion page. No personal information on the identity of the users is communicated.

If you prefer that the information on your behavior is not used by Microsoft as described above, you can refuse the requisite setting of a cookie for this – such as via your browser settings, which generally deactivate the automatic setting of cookies. Furthermore, you can prevent the capture of the data generated by the cookie and related to your usage of the website, as well as the processing of these data by Microsoft, by declaring your objection to same under the following link: http://choice.microsoft.com/de-DE/opt-out. Further information on data protection and on the cookies set by Microsoft and Bing Ads is provided on the Microsoft homepage under: https://privacy.microsoft.com/de-de/privacystatement

The party responsible for the processing (i.e. the data controller) has integrated components from YouTube into this internet website. YouTube is an internet video portal that allows the cost-free posting of video clips for video publishers and permits others users the same cost-free viewing, evaluation and commenting on same. YouTube permits the release of all kinds of videos, for which reason complete film and television broadcasts, as well as music videos, trailers or videos produced by users themselves can be called up via the internet portal.

The YouTube operating company is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

Through each call-up of one of the individual pages on this internet website that is operated by the data controller and into which a YouTube component (YouTube video) was integrated, the internet browser on the IT system of the person concerned is automatically prompted by the respective YouTube component to download a presentation of the corresponding YouTube component from YouTube. Further information on YouTube can be accessed under: https://www.youtube.com/yt/about/de/. Under this technical procedure, YouTube and Google receive information about which concrete subpages of our internet website are visited by the person concerned.

When the person concerned is at the same time logged in to YouTube, with the call-up of a subpage that contains a YouTube video, YouTube recognizes which concrete subpages of our internet website the person concerned visits. This information is collected by YouTube and Google and allocated to the respective YouTube account of the person concerned.

YouTube and Google then always receive information via the YouTube component that the person concerned has visited our website, provided the person concerned is at the same time logged in to YouTube at the point in time of the call-up of our internet page; this occurs regardless of whether the person concerned does or does not click on a YouTube video. If the person concerned does not wish to have the information transferred in this manner to YouTube and Google, they can prevent said transfer by logging out of their YouTube account before they call up our internet website.

The data protection provisions released by YouTube, which are accessible under https://www.google.de/intl/de/policies/privacy/, provide information about the raising, processing and usage of personal data by YouTube and Google. When you visit our website, initially no personal data is fundamentally forwarded to the providers of the social networks. Only when you click on the link and reach our page of the corresponding social network doing so, does the provider of the social network receive the information that you have called up the corresponding website of our online service.

On the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our website in the meaning of Sec. 6 Para. 1 Letter f) German Data Protection Regulation – DSGVO), we use social plugins ("plugins") from the social network facebook.com, which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"). The plugins can represent interactive elements or content (e.g. videos, graphics or text contributions) and are recognizable by one of the Facebook logos (white "f" on a blue tile, the "like" term and "like" button, or a "thumbs up" sign) or are marked with the additional "Facebook social plugin". The list and the look of the Facebook social plugins can be viewed here: https://developers.facebook.com/docs/plugins/.

Facebook is certified under the Privacy Shield Framework, through which it provides a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

When a user calls up a feature on this website that contains such a plugin, their terminal device establishes a direct connection with the Facebook servers. The content of the plugin is transferred directly by Facebook to the user’s terminal device and integrated by this into the website. Doing so, the users’ usage profiles can be prepared from the data processed. For this reason, we have no influence over the extent of the data that Facebook collects with the help of this plugin and thus are informing the users on the basis of our level of knowledge here.

By integrating the plugin, Facebook receives information that a user has called up the corresponding page on the website. When the user is logged in to Facebook, then Facebook can allocate their visit to their Facebook account. When users interact with the plugins, such as when they use the like button, for instance, or submit a comment, the corresponding information is transferred directly from their terminal device to Facebook and stored there. In the event that a user is not a member of Facebook, the possibility still exists, however, that Facebook finds out their IP address and stores it. According to Facebook, only an anonymised IP address is stored in Germany.

The purpose and extent of the data collection, and the further processing and usage of the data by Facebook, as well as the related rights and settings options to protect the user’s privacy are provided in the data protection notices from Facebook: https://www.facebook.com/about/privacy/. When a user is a Facebook member and prefers that Facebook does not collect data relating to them about this website and combine these with their membership data stored at Facebook, they have to log out of Facebook and delete their cookies prior to using our website. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads  or via the US American homepage http://www.aboutads.info/choices/  or the EU homepage http://www.youronlinechoices.com/. The settings are platform independent, i.e. they are effected for all terminals, such as desktop computers or mobile devices.

The website also uses functions from the Twitter service. The functions are offered by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. Through the use of Twitter and the "re-tweet" feature, the websites visited by you are linked to your Twitter account and made known to other users. During this data forwarding, data are also transferred to Twitter. Please note that as the website provider, you do not receive any knowledge about the content of the data transferred, as well as their usage by Twitter. For this reason, we refer to the following link in order to obtain further information in relation to Twitter’s data protection statement: http://twitter.com/privacy  In the event that you want to change your data protection settings with Twitter, you can undertake same via this link: http://twitter.com/account/settings.

In the event that personal data from you are processed, you have the following rights in relation to us with respect to the personal data concerning you:

– Right to information, Sec. 15 German Data Protection Regulation (DSGVO):

You can demand confirmation from the responsible party as to whether personal data that concern you are being processed by them.

In the event that such processing occurs, you can demand the following information from the responsible party:

• The purposes for which the personal data are being processed;
• The categories of personal data that are being processed;
• The recipients and/or the categories of recipients to which the personal data concerning you were disclosed or will be disclosed, and that especially with recipients in third countries or in international organizations; in the latter cases, you can demand to be informed about the appropriate safeguards as per Sec. 46 German Data Protection Regulation (DSGVO) in connection with the transfer;
• The planned duration of the storage of the personal data concerning you, or, in the event that concrete details are not possible in this regard, criteria for defining the storage duration;
• The existence of a right to rectification or deletion of the personal data concerning you, a right to restriction on the processing by the responsible party or a right of objection to this processing;
• The existence of a right to complain before a supervisory authority;
• All available information about the origin of the data when the personal data was not collected from the person concerned;
• The existence of automated decision-making including profiling in accordance with Sec. 22 Paras. 1 and 4 German Data Protection Regulation (DSGVO) and – at least in these cases – meaningful information about the logic involved, as well as about the scope and the intended effects of such processing for the person concerned.

–      Right to rectification, Sec. 16 German Data Protection Regulation (DSGVO):

You have a right to rectification and/or completion from the responsible party to the extent that the processed personal data concerning you are incorrect or incomplete. The responsible party has to undertake the rectification without undue delay.

– Right to deletion, Sec. 17 German Data Protection Regulation (DSGVO):

1. a) Deletion obligation

You can demand from the responsible party that they delete the personal data concerning you without undue delay, and the responsible party is obligated to delete these data without undue delay, provided one of the following reasons apply:

• The personal data concerning you are no longer necessary for the purposes for which they were collected or processed in any other way.
• You revoke your consent that forms the basis for the processing as per. Sec. 6 Para. 1 Letter a or Sec. 9 Para. 2 Letter a German Data Protection Regulation (DSGVO) and there is a lack of a legal basis otherwise for the processing.
• You lodge an objection in accordance with Sec. 21 Para. 1 German Data Protection Regulation (DSGVO) to the processing and there are no overriding legitimate reasons for the processing, or you lodge an objection in accordance with Sec. 21 Para. 2 German Data Protection Regulation (DSGVO) to the processing.
• The personal data concerning you were processed unlawfully.
• The deletion of the personal data concerning you is required for the fulfilment of a legal obligation under European Union law or the law of the Member State to which the responsible party is subject.
• The personal data concerning you were collected in respect to information society services offered in accordance with Sec. 8 Para. 1 German Data Protection Regulation (DSGVO).

1. b) Information to third parties

In the event that the responsible party publicly disclosed the personal data concerning you and they are obligated in accordance with Sec. 17 Para. 1 German Data Protection Regulation (DSGVO) to delete same, they are obliged to take appropriate measures, including those of a technical nature, while taking into account the available technology and the implementation costs, in order for the responsible party for the data processing, which processes the personal data, be informed that you as the person concerned demand from them the deletion of all links to this personal data or of copies or replications of this personal data.

1. c) Exceptions

The right to deletion does not exist to the extent that the processing is required:

• To exercise the right to freedom of expression and to information;
• To fulfil a legal obligation required for the processing in accordance with European Union law or the law of the Member State to which the responsible party is subject, or to perform a task carried out in the public interest or which occurs in the exercising of official authority, which was transferred to the responsible party;
• For reasons of public interest in the public health area as per Sec. 9 Para. 2 Letters h and i as well as Sec. 9 Para. 3 German Data Protection Regulation (DSGVO);
• For archival purposes occurring in the public interest, as well as for scientific or historic research purposes or for statistical purposes as per Sec. 89 Para. 1 German Data Protection Regulation (DSGVO), provided that the right named under section a) will probably make the fulfilment of the aims of this processing impossible, or seriously impede same, or
• To assert, exercise or defend legal claims.

– Right to restriction of the processing, Sec. 18 German Data Protection Regulation (DSGVO):

You can demand the restriction of the processing of the personal data concerning you under the following conditions:

• When you dispute the correctness of the personal data concerning you for a period of time that permits the responsible party to review the correctness of the personal data;
• The processing is unlawful and you reject the deletion of the personal data and instead demand the restriction on the usage of the personal data;
• The responsible party no longer requires the personal data for processing purposes, but you do require them for asserting, exercising or defending legal claims, or
• When you have lodged an objection to the processing in accordance with Sec. 21 Para. 1 German Data Protection Regulation (DSGVO) and it has not yet been established whether the legitimate interests of the responsible party outweigh your reasons.

In the event that the processing of the personal data concerning you was restricted, these data may – apart from their storage – only be processed with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the European Union or of a Member State.

In the event that you have effected a restriction of the processing in accordance with the aforementioned conditions, you are informed by the responsible party prior to the restriction being cancelled.

– Right to information, Sec. 19 German Data Protection Regulation (DSGVO):

If you have asserted your right vis-a-vis the responsible party to the rectification, deletion or restriction of the processing, said party is obligated to inform all recipients to which the personal data concerning you were disclosed about said rectification or deletion of the data or restriction on the processing, unless this proves to be impossible or causes disproportionate effort and outlays.

You have the right vis-a-vis the responsible party to be informed about these recipients.

– Right to data portability, Sec. 20 German Data Protection Regulation (DSGVO):

You have the right to receive all of the personal data concerning you that you have provided to the responsible party in a structured, conventional and machine-readable format. Furthermore, you have the right to transfer these data to another responsible party without being hindered by the responsible party that made the personal data available, provided:

• The processing is based on consent as per Sec. 6 Para. 1 Letter a German Data Protection Regulation (DSGVO) or Sec. 9 Para. 2 Letter a German Data Protection Regulation (DSGVO) or on a contract in accordance with Sec. 6 Para. 1 Letter b DSGVO and
• The processing occurs with the help of an automated procedure.

Moreover, in exercising this right, you have the right to effect that the personal data concerning you are transferred directly from one responsible party to another responsible party, provided this is technically feasible. The freedoms and rights of other persons may not be affected by same.

Your right to deletion remains unaffected.

The right to data portability is not applicable to the processing of personal data required to fulfil a task that is in the public interest or that occurs in the exercising of official authority which was transferred to the responsible party.

– Right to objection, Sec. 21 German Data Protection Regulation (DSGVO)

You have an individual case-related right to objection, as well as a right to objection to the processing of data for advertising purposes.

– Right to revoke the data protection law declaration of consent:

You can at all times revoke the consent issued for the processing of your personal data vis-a-vis the responsible party. Please note that the revocation is first valid and applicable for the future. The lawfulness of the processing that occurs due to the consent until the revocation of said consent remains unaffected.

– Automated decision in single cases, including profiling, Sec. 22 German Data Protection Regulation (DSGVO):

You have the right to not be subject to a decision based solely on automated processing – including profiling – which would cause a legal effect in relation to you or which would significantly impair you in a similar manner. This is not applicable when the decision:

• Is required for the conclusion or fulfilment of a contract between you and the responsible party,
• Is permissible under European Union legislation or that of the Member State to which the responsible party is subject and this legislation contains suitable measures to safeguard your rights and freedoms, as well as your legitimate interests, or
• Occurs with your express consent.

In the cases of (1) and (3), the responsible party is to take appropriate measures to safeguard your rights and freedoms, as well as your legitimate interests, whereby at least the right exists to obtain the intervention of a person on the part of the responsible party, to present one’s own position and to challenge the decision.

Furthermore, decisions taken solely on the basis of automated processing may not be based on special categories of personal data in accordance with Sec. 9 Para. 1 German Data Protection Regulation (DSGVO) provided Sec. 9 Para. 2 Letter a or g German Data Protection Regulation (DSGVO) do not apply and appropriate measures were taken to safeguard your rights and freedoms, as well as your legitimate interests.

– Right to complain before a supervisory authority, Sec. 77 German Data Protection Regulation (DSGVO):

In addition, you have the right to complain before a data protection supervisory authority about the processing of your personal data. You can direct your complaint to the supervisory authority in the Member State where you reside, where your place of work is or where the location of the alleged infringement is. The supervisory authority to which you submit the complaint informs you as the complainant about the status and the findings on the complaint, including the option to have a judicial review before the courts as per Sec. 78 German Data Protection Regulation (DSGVO). A list of the data protection officers, as well as their contact details are provided in the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html

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