DATA PROTECTION
Information according to § 5 TMG
Kanzlei Häberle
Allee 49
74072 Heilbronn
Tel +49 7131 618650
Fax +49 7131 618 649
E-Mail: mail@haeberle.law
Controller
The controller within the meaning of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG) is
Name: Kanzlei Häberle
Representative: Bernd Häberle
Address: Allee 49
74072 Heilbronn
Phone: +49 7131 12531080
E-mail address: mail@haeberle.law
II General information on data processing
(1) Personal data is only processed to the extent necessary to provide a functional website including content and services. As a rule, processing only takes place with the consent of the data subject. Exceptionally, processing is carried out without the consent of the data subject if this is not possible for factual reasons and the processing of the data is permitted by law.
(2) Art. 6 para. 1 lit. a GDPR serves as the legal basis for the processing of personal data if the consent of the data subject has been obtained for the processing of personal data.
Art. 6 para. 1 lit. b GDPR serves as the legal basis for the processing of personal data insofar as this is necessary for the performance of a contract to which the data subject is a party. This also applies to processing operations that are necessary to carry out pre-contractual measures.
Art. 6 para. 1 lit. c GDPR serves as the legal basis for the processing of personal data insofar as the processing of personal data is necessary to fulfill a legal obligation to which the company is subject.
Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing of personal data insofar as this is necessary for the processing to safeguard a legitimate interest of the company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest.
(3) The personal data of the data subject will be deleted or blocked as soon as the purpose of storage no longer applies. Data may also be stored if this is provided for by relevant national or European regulations. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.
III. Use of the website
(1) Each time the website is accessed, the system automatically collects data and information from the computer system of the accessing computer:
IP address
Date and time of the requestTime zone difference to Greenwich Mean Time (GMT)
Content of the website Access status (HTTP status)
Amount of data transferredWeb browserLanguage and version of the browserOperating systemInternet site from which you accessed the websiteThe data is stored in the system's log files.
This data is not stored together with other personal data of the user.
(2) The legal basis for this is Art. 6 para. 1 lit. f GDPR.
(3) The collection and temporary storage of the IP address is necessary to enable the website to be displayed on your end device. For this purpose, your IP address must be stored for the duration of your visit to the website. This data is not analyzed for marketing purposes.
(4) The data is deleted when the respective session has ended. If this data is stored 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 it is no longer possible to assign the calling client.
(5) The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the provision of the website. Consequently, there is no possibility of objection.
IV Encrypted data transmissionAll data is transmitted via TLS technology over an encrypted connection. The certificate required for this, which is installed on the servers, was issued by an independent organization.
An encrypted connection can be recognized by the fact that the address line of the browser changes from http:// to https://.
As soon as the encrypted TLS connection is established, your entries that you transmit to the website can no longer be read by third parties.VIII. Rights of the data subjectIf personal data of users are processed, the users are “data subjects” within the meaning of the GDPR and they are entitled to the following rights vis-à-vis the controller:
1. right of accessThe data subject may request confirmation from the controller as to whether personal data are being processed, and, where that is the case, information from the controller as to:
(1) the purposes for which the personal data are being processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipient to whom the personal data have been or will be disclosed;
(4) the planned duration of storage of the personal data or, if specific information on this is not possible, criteria for determining the storage period;
(5) the existence of a right to rectification or erasure of the personal data, a right to restriction of processing by the controller or a right to object to such processing;
(6) the existence of a right to lodge a complaint with a supervisory authority;
(7) all 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, referred to in Art. 22 (1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject, and the right to request information as to whether the personal data are transferred to a third country or to an international organization. In this context, it may be requested to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.
2. right to rectification
There is a right to rectification and/or completion vis-à-vis the controller if the processed personal data is incorrect or incomplete. The controller must make the rectification without undue delay.
3. right to restriction of processingUnder the following conditions, the restriction of the processing of personal data may be requested:
(1) if you contest the accuracy of the personal data for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
(3) the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims, or
(4) if an objection to the processing pursuant to Art. 21 (1) GDPR has been lodged and it has not yet been established whether the legitimate reasons of the controller outweigh those of the data subject. Where the processing of personal data has been restricted, such data shall, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State; where processing has been restricted in accordance with the above conditions, the data subject shall be informed by the controller before the restriction of processing is lifted.
4) Right to erasurea) Obligation to eraseThere is a right to obtain from the controller the erasure of personal data without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
(1) The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
(2) The consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR is withdrawn and there is no other legal basis for the processing.
(3) The data subject objects to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 (2) GDPR.
(4) The personal data have been unlawfully processed.
(5) The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
(6) The personal data have been collected in relation to the offer of information society services referred to in Art. 8 (1) GDPR.
b) Information to third parties
If the controller has made the personal data public and is obliged to erase it pursuant to Article 17
(1) GDPR, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data. c) Exceptions
The right to erasure shall not apply to the extent that processing is necessary
(1) for exercising the right of freedom of expression and information;
(2) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the area of public health pursuant to Art. 9
(2)(h) and (i) and Art. 9
(3) GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89
(1) GDPR in so far as the right referred to in point (a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(5) to assert, exercise or defend legal claims.
5. right to informationIf the right to rectification, erasure or restriction of processing has been asserted against the controller, the controller is obliged to notify all recipients to whom the personal data have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed about these recipients by the controller.
6. right to data portability
You have the right to receive the personal data that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, provided that
(1) the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
(2) the processing is carried out by automated means.
In exercising this right, you also have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The right to data portability shall not apply to the 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.
7 Right to object There is the right to object, on grounds relating to the particular situation of the data subject, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6
(1) GDPR, including profiling based on those provisions, and the controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of legal claims.
Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing, and where the processing is for direct marketing purposes, the personal data shall no longer be processed for such purposes, with the possibility of exercising the right to object by automated means using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.
8 Right to revoke the declaration of consent under data protection law
There is a right to revoke the declaration of consent under data protection law at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
9. automated individual decision-making, including profilingThere is a right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning the data subject or similarly significantly affects him or her. This does not apply if the decision
(1) is necessary for entering into, or performance of, a contract between the data subject and the controller,
(2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or
(3) is based on the data subject's explicit consent.
However, these decisions may not be based on special categories of personal data referred to in Art. 9 (1) GDPR, unless Art. 9 (2) (a) or (g) applies and suitable measures to safeguard the data subject's rights and freedoms and legitimate interests are in place.
10 With regard to the cases referred to in (1) and (3), the controller shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision. Right to lodge a complaint with a supervisory authorityWithout prejudice to any other administrative or judicial remedy, the right to lodge a complaint with a supervisory authority, in particular in the Member State of the data subject's habitual residence, place of work or place of the alleged infringement, if the processing of personal data is considered to infringe the GDPR, the supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.