Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Dr. Clauss Bild- und Datentechnik GmbH
Turnhallenweg 5 a
All references, such as „we/us/our“ or „CLAUSS“ refer to Dr. Clauss Bild- und Datentechnik GmbH.
The legal framework for data protection may be found in the German Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
CLAUSS has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, CLAUSS offers alternative communication channels (e. g. telephone, telefax, conventional mail, personal contact etc.) to transfer personal data to us.
The data protection declaration of CLAUSS is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR).
2.1 Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who 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 or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
2.2 Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
2.4 Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
2.9 Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
3. Collection of general data and information
When a data subject or automated system calls up the websites by CLAUSS, we or the webspace provider automatically collect general data and information. These general data and information are stored in the server log files and do not draw any conclusion about the data subject.
Collected may be: name of the website, file, date and time of access to the internet site, quantity of data, browser type and version used, the operating system used by the accessing system, domain name of your internet service provider, the so-called referrer URL (the website from which an accessing system reaches our website), your Internet protocol address (IP address) and any other similar data and information.
The collection of this data is partially mandatory for delivering and providing the content of our website correctly. Furthermore, these anonymously collected data and information are analyzed statistically and used for optimizing our offer and technology.
We reserve the right to provide the server log files to the law enforcement authorities in case of suspicion of illegal use or cyberattacks.
The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
4. Handling of personal data
Personal data are first name and surname, telephone number as well as e-mail address. Furthermore, personal data are information concerning hobbies, memberships and preferences as well as accessed websites.
These information are only collected, used and transmitted (if required) by the provider, if expressly permitted by the legislative authorities or if the data subject consents to the collection, processing, use and transmission of the data.
5. Registration on our website
In order to use personalized services, we collect personal data of the data subject during registration/login. Which personal data we transmit and process is determined by the respective input mask used for registration.
The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for his own purposes. The controller may request transfer to one or more processors (e. g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller.
For successful punishment of misuses of our services we store the data subject's IP address as well as date and time of the registration. These data are not passed on to third parties unless there is a statutory obligation to pass on the data.
The registration of the data subject enables the controller to offer the data subject contents or services that may only be offered to registered users. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.
6. Comments function
To post and publish comments and articles the user needs to register. Furthermore, for security reasons (punishment of unlawful content/propaganda) we store the IP address of the user and time of creation.
Our website offers you the opportunity to subscribe to our newsletter. The input mask used for this purpose determines what personal data are transmitted. For punishment of possible misuses we also store additional data of the data subject, e. g. IP address, date and time of the registration and used computer system.
We inform our customers and business partners in irregular intervals via newsletter about news and offers of CLAUSS. The enterprise's newsletter may only be received by the data subject if the data subject has a valid e-mail address and the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.
The personal data collected as part of the registration for the newsletter will only be used to send our newsletter and for information regarding the newsletter system itsself. There will be no transmission of personal data to third parties.
The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.
The newsletter contains media which is not embedded in the newsletter itsself, but will be downloaded from our internet server while opening the e-mail. This download will be stored in a log file and analyzed statistically. Based on the downloaded media CLAUSS may see if and when an e-mail was opened by a data subject.
Such personal data collected by the newsletter are stored and analyzed in order to optimize the shipping of the newsletter as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be transfered to third parties.
Data subjects are at any time entitled to revoke the authorisation of data collection, data storage and use of data. A revocation of the newsletter-tracking and the newsletter itsself is identically and always includes both. After a revocation these personal data will be deleted.
9. Contact possibility via the website
The website of CLAUSS contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
10. Routine erasure and blocking of personal data
CLAUSS shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which CLAUSS is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely erased.
Cookies mainly perform two tasks: they help us to simplify the navigation through our offers and enable the correct presentation of the website. They are not used for infecting your computer with viruses or for starting programs.
The data subject may use our website without the setting of cookies. For this the settings on the browser software have to be adjusted. Already set cookies may be deleted at any time via the correspondending browser function. Please use the support function of your browser for information about deactivating or deleting of cookies.
Please be advised that some functions of our website require cookies and therefore the data subject may not be able to make full use of all the functions of the website and also has reduced comfort of use.
12. Google Analytics
Our website uses Google Analytics, a web analysis service from Google Inc. („Google“, adress: 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). Google Analytics employs so-called “cookies“, text files that are stored to your computer in order to facilitate an analysis of your use of the site. The information generated by these cookies is transmitted to a server of Google’s location in the US and stored there. We use Google Analytics with an IP anonymization feature on our website. In doing so, Google abbreviates and thereby anonymizes your IP address before transferring it from member states of the European Union or signatory states to the Agreement on the European Economic Area. Only in exceptional cases the complete IP address will be transmitted to a server of Google in the US and abbreviated there.
Google will use this information to evaluate your usage of our site, to compile reports on website activity for us, and to provide other services related to website- and internet usage. Google states that it will never associate your IP address with other data held by Google. You can prevent cookies from being installed by adjusting the settings on your browser software accordingly. You should be aware, however, that by doing so you may not be able to make full use of all the functions of our website.
Furthermore, you may prevent Google from collecting data generated by the cookie and related to your use of the website (including your IP address) as well as the processing of this data by Google by downloading and installing the browser plug-in available here: Browser Add On for deactivating Google Analytics.
13. Google AdWords
For purposes of promotion, our website also employs the Google ad tool "Google-AdWords", provided by Google Inc. („Google“, address: 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). As part of this, our website employs the analysis service "Conversion-Tracking" from Google Inc. If you access our site by way of a Google ad, a cookie is placed on your computer. These cookies cease to be active after 30 days and are not used to identify you personally. If you visit certain pages of our website while the cookie is still active, we and Google know that you, as user, have clicked on ads placed on Google and were redirected to our site. Every Google AdWords advertiser will receive a different cookie. Thereby cookies can not be tracked via websites of AdWords advertisers.
Google uses the information obtained through "conversion cookies" to compile statistics for AdWords advertisers which decided for conversion tracking. These statistics tell the advertisers the total number of users who have clicked on the ad and were passed on to a website equipped with a conversion tracking tag. Advertisers do not receive any kind of information that can be used to personally identify users.
You can prevent the installation of the cookie of Google Conversion Tracking by making the appropriate change to your browser settings. So you will not be included in the conversion tracking statistics.
Our website uses Piwik, an open source software, which collects and stores data. The information is used for purposes of marketing and optimization. Using the data Piwik creates user profiles with pseudonyms. For this purpose the software stores cookies to your computer (text files) and provides analysis of your use of the website. Your IP address is anonymized immediately after processing and before storage. The data is stored at servers of Piwik in Germany.
You can prevent the installation of the cookie of Piwik by making the appropriate change to your browser settings (please use the support function of your browser for more information). So you will not be included in the conversion tracking statistics.
Please be advised that some functions of our website require cookies and therefore the data subject may not be able to make full use of all the functions of the website.
15. Facebook Social Plug-in
Our website employs plug-ins provided by the social network Facebook (address: Facebook Inc., 1601 South California Avenue, Palo Alto, CA 94304, USA). You recognize the plug-ins – an overview can be found at: http://developers.facebook.com/docs/plugins/ - by the „Like“ button or the logo of Facebook.
If you access one of our websites equipped with Facebook plug-in a direct connection to Facebook is set up. We have no control on the type and extent of data collected, stored and processed by Facebook. We can only inform you according to our knowledge.
Facebook is informed by the plug-in that you accessed the respective website of our offer. This also applies for users, which are not registered at Facebook. In this case Facebook may store the IP address.
If you are a Facebook member and logged in the access of a website equipped with Facebook plug-in can be associated to your personal account on Facebook. Furthermore, the plug-in transmits all interactions, e. g. using the „Like“ button or leaving a comment.
To prevent the transfer to and storage of data by Facebook about you and your interaction with our website, you must first log out of Facebook before visiting our website. You may also block the plug-ins with add-ons for the browser (e. g. „Facebook Blocker“).
16. Google+ Social Plug-in
Our website employs the social plug-in by Google+ (Google Plus), recognizable by „+1“ button at white or colored background. The plug-in is provided by Google Inc. („Google“, address: 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA).
If you access a website equipped with Google+ button a direct connection to the servers of Google is set up. Google transmits the content of the button and integrates it into the respective website. At the same time Google is informed precisely which page is been visited. According to Google's statement personalized data is only collected after clicking the button of Google+. For members that are logged into Google+ applies: even without interaction Google stores and processes at least the IP address. We have no control on the extent of data collected, stored and processed by Google.
17. Twitter Social Plugin
Our website uses components by Twitter which is provided by Twitter Inc. (address: 1355 Market St, Suite 900, San Francisco, CA 94103, USA).
Twitter offers the so-called „Tweet“ function. If you use this Twitter function at our websites the sites you visited are connected with your Twitter account and perhaps shared with other users. This process also transmits data to Twitter.
18. Rights of the data subject
18.1 Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
18.2 Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
- the purposes of the processing
- the categories of personal data concerned
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
- the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing
- the existence of the right to lodge a complaint with a supervisory authority
- where the personal data are not collected from the data subject, any available information as to their source
- the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
18.3 Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
18.4 Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent to which the processing is based according to point (a) of Article 6 (1) of the GDPR, or point (a) of Article 9 (2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21 (1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 (2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8 (1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by CLAUSS, he or she may, at any time, contact any employee of the controller. An employee of CLAUSS shall promptly ensure that the erasure request is complied with immediately.
Where CLAUSS has made personal data public and is obliged pursuant to Article 17 (1) to erase the personal data, CLAUSS, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employee of CLAUSS will arrange the necessary measures in individual cases.
18.5 Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Article 21 (1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by CLAUSS, he or she may at any time contact any employee of the controller. The employee of CLAUSS will arrange the restriction of the processing.
18.6 Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6 (1) of the GDPR or point (a) of Article 9 (2) of the GDPR, or on a contract pursuant to point (b) of Article 6 (1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20 (1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of CLAUSS.
18.7 Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6 (1) of the GDPR. This also applies to profiling based on these provisions.
CLAUSS shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If CLAUSS processes personal data 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. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to CLAUSS to the processing for direct marketing purposes, CLAUSS will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by CLAUSS for scientific or historical research purposes, or for statistical purposes pursuant to Article 89 (1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of CLAUSS. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
18.8 Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised 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 not based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, CLAUSS 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 contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of CLAUSS.
18.9 Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of CLAUSS.
19. Legal basis for the processing
Point a of Article 6 (1) GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on point b of Article 6 (1) GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on point c of Article 6 (1) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor was injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on point d of Article 6 (1) GDPR. Finally, processing operations could be based on point f of Article 6 (1) GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
20. The legitimate Interests pursued by the controller or by a third party
Where the processing of personal data is based on point f of Article 6 (1) GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
21. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
22. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e. g. tax regulations) or can also result from contractual provisions (e. g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
23. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
Effective: April 2018
Herold Unternehmensberatung GmbH (Mein-Datenschutzbeauftragter.de)