I. Name and address of the responsible party
The person responsible for the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is the following:
ProArchCon GmbH
Friedeberger Weg 6
40667 Meerbusch
Germany
Phone: +49 (0)2132 685 9900
Email: info@proarchcon.com
Website: www.proarchcon.com
II. Name and address of the Data Protection Supervisor
The data protection officer of the responsible party is:
Thomas Allen
Friedeberger Weg 6
40667 Meerbusch
Germany
Phone: +49 (0)2132 685 9900
Email: tom.allen@proarchcon.com
Website: www.proarchcon.com
III. General information on data processing
1. Scope of processing of personal data
In principle, we only process the personal data of our users to the extent that this is necessary for the provision of a functional website as well as our content and services. The processing of personal data of our users takes place regularly only with the consent of the user. An exception applies in cases where prior consent is not possible for factual reasons and the processing of the data is permitted by legal regulations.
2. Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for processing of personal data, Article 6(4) serves. 1 lit. a EU General Data Protection Regulation (GDPR) as a legal basis.
In the processing of personal data necessary for the performance of a contract to which the data subject is a party, Article 6(6) serves. 1 lit. b GDPR as legal basis. This also applies to processing operations necessary for the implementation of pre-contractual measures.
Insofar as processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Article 6(4) serves. 1 lit. c GDPR as legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6(4) of the 1 lit. d GDPR as legal basis.
If the processing is necessary to safeguard a legitimate interest of our company or a third party and the interests, fundamental rights and fundamental freedoms of the person concerned do not outweigh the former interest, Article 6(4) serves. 1 lit. f GDPR as the legal basis for processing.
3. Data erasure and storage time
The personal data of the data subject will be deleted or blocked as soon as the purpose of the storage is no longer necessary. Storage may also take place if this has been provided for by the European or national legislator in EU regulations, laws or other regulations to which the controller is subject. The data shall also be blocked or deleted if a storage period prescribed by the above-mentioned standards expires, unless there is a need for further storage of the data for the conclusion of a contract or a fulfilment of the contract.
IV. Provision of the website and creation of log files
1. Description and scope of data processing
Every time our website is accessed, our system automatically collects data and information from the computer system of the calling computer.
The following data are collected:
• The user’s IP address
• Date and time of access
The data is also stored in the log files of our system. This does not affect the IP addresses of the user or other data that allows the data to be assigned to a user. This data will not be stored together with other personal data of the user.
2. Legal basis for data processing
The legal basis for the temporary storage of the data is Article 6(4) of the 1 lit. f GDPR.
3. Purpose of data processing
The temporary storage of the IP address by the system is necessary in order to enable the delivery of the website to the user’s computer. For this purpose, the IP address of the user must be stored for the duration of the session. In these purposes lies also our legitimate interest in the data processing according to Art. 6 sec. 1 lit. f GDPR.
4. Duration of storage
The data will be deleted as soon as they are no longer necessary for the purpose of their collection. In the case of the collection of data for the provision of the website, this is the case when the respective session is finished.
5. Possibility of opposition and disposal
The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. There is therefore no possibility of objection on the part of the user.
V. Use of cookies
(a) Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user’s computer system. When a user accesses a website, a cookie can be stored on the user’s operating system. This cookie contains a characteristic string that allows the browser to be uniquely identified when you visit the website again.
We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.
b) Legal basis for data processing
The legal basis for the processing of personal data using cookies is Art. 1 lit. f GDPR
c) Purpose of data processing
The purpose of the use of technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page change.
We need cookies for the following applications:
• Registration in the Google search engine for the ranking and ranking of the website
The user data collected by technically necessary cookies is not used for the creation of user profiles.
In these purposes, our legitimate interest lies in the processing of personal data in accordance with Article 6(6). 1 lit. f GDPR.
d) Duration of storage, possibility of opposition and disposal
Cookies are stored on the user’s computer and transmitted by the user to our site. Therefore, as a user, you also have full control over the use of cookies. By changing the settings in your Internet browser, you can disable or restrict the transmission of cookies. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, all functions of the website may not be able to be used in full.
VI. Contact form and e-mail contact
1. Description and scope of data processing
A contact form is available on our website, which can be used for electronic contact. If a user takes advantage of this possibility, the data entered in the input mask will be transmitted to us and stored. This data is:
• Name
• E-mail address
The following data will also be stored at the time the message is sent:
• Name
• E-mail address
• Date and time of registration
For the processing of the data, your consent will be obtained during the sending process and reference will be made to this data protection declaration.
Alternatively, it is possible to contact you via the provided e-mail address. In this case, the personal data of the user transmitted with the e-mail will be stored.
In this context, the data will not be passed on to third parties. The data is used exclusively for the processing of the conversation.
2. Legal basis for data processing
The legal basis for the processing of the data is Art. 1 lit. a GDPR.
The legal basis for the processing of the data transmitted in the course of sending an e-mail is Article 6(4) of the 1 lit. f GDPR. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for the processing shall be Article 6(6). 1 lit. b GDPR.
3. Purpose of data processing
The processing of the personal data from the input mask serves us solely for the processing of the contact. In the event of an e-mail contact, this also has the necessary legitimate interest in the processing of the data.
The other personal data processed during the sending process are used to prevent misuse of the contact form and to ensure the security of our information technology systems.
4. Duration of storage
The data will be deleted as soon as they are no longer necessary for the purpose of their collection. For the personal data from the input form of the contact form and those sent by e-mail, this is the case when the respective conversation with the user is terminated. The conversation ends if it can be inferred from the circumstances that the facts in question have been finally clarified.
The additional personal data collected during the sending process will be deleted at the latest after a period of seven days.
5. Possibility of opposition and disposal
The user has the possibility to withdraw his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot continue.
All personal data stored during the contact will be deleted in this case.
VII. Rights of the data subject
If personal data is processed by you, you are a data controller in the normal GDPR and you have the following rights over the controller:
1. Right of access
You may request confirmation from the controller as to whether personal data concerning you is processed by us. If such processing is available, you can request information from the controller for the following information:
• the purposes for which the personal data are processed;
• the categories of personal data that are processed;
• the recipients or categories of recipients to whom the personal data concerning you has been or is still being disclosed;
• the planned duration of the storage of the personal data concerning you or, if specific information is not possible, criteria for determining the storage period;
• the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
• the existence of a right of appeal with a supervisory authority;
• all available information on the origin of the data if the personal data are not collected from the data subject;
• the existence of automated decision-making, including profiling, in accordance with Article 22(4) 1 and 4 GDPR and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the data subject.
You have the right to request information on whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to have the appropriate guarantees in accordance with the Article 46 GDPR in connection with the transmission.
2. Right to rectification
You have a right to rectification and/or completion to the controller if the personal data processed concerning you is incorrect or incomplete. The person responsible shall make the correction without delay.
3. Right to restrict processing
You may request the restriction of the processing of personal data concerning you under the following conditions:
• if you dispute the accuracy of the personal data concerning you for a period of time that allows the controller to verify the accuracy of the personal data;
• the processing is unlawful and you refuse to delete the personal data and instead request the restriction of the use of the personal data;
• the controller no longer needs the personal data for the purposes of processing, but you need it to assert, exercise or defend legal claims, or
• if you object to the processing in accordance with Art. 1 GDPR and it is not yet clear whether the legitimate reasons of the person responsible outweigh your reasons.
If the processing of personal data concerning you has been restricted, such data may only be used with your consent or for the assertion, exercise or defence of legal claims or for the protection of the rights of a other natural or legal person or for reasons of an important public interest of the Union or of a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
4. Right to erasure
a) Obligation to delete
You may request that the personal data concerning you be deleted immediately, and the controller is obliged to delete this data immediately, provided that one of the following reasons applies:
• The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
• You revoke your consent, which is the form of processing in accordance with Art. 1 lit. a or Art. 2 lit. a GDPR and there is no other legal basis for processing.
• You lay according to Art. 1 GDPR objecting to the processing and there are no primary legitimate reasons for processing, or you submit according to Art. 2 GDPR objecting to the processing.
• The personal data concerning you have been processed unlawfully.
• The erasure of personal data concerning you is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject.
• The personal data concerning you have been provided in relation to information society services offered in accordance with Article 8(4) of the 1 GDPR.
b) Information to third parties
If the controller has made the personal data concerning you public and he is in accordance with the Art. 17 Abs. 1 GDPR obliges them to be erased, it shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, in order to ensure that data controllers process the personal data, to inform you that you, as a data subject, have requested that you delete all links to this personal data or copies or replicas of such personal data.
c) Exceptions
The right to erasure does not exist to the extent that the processing is necessary
• to exercise the right to freedom of expression and information;
• to fulfil a legal obligation requiring processing under the law of the Union or of the Member States to which the controller is subject, or to perform a task which is in the public interest or in the exercise of official authority delegated to the controller;
• for reasons of public interest in the field of public health in accordance with Article 9(3) 2 lit. h and i and Article 9(4) 3 GDPR;
• for archival purposes in the public interest, scientific or historical research purposes or for statistical purposes in accordance with: Art. 89 Abs. 1 GDPR,
• to the extent that the right referred to in section (a) is likely to make the attainment of the objectives of such processing impossible or seriously impaired, or
• to assert, exercise or defend legal claims.
5. Right to information
If you have asserted the right to rectification, deletion or restriction of the processing against the controller, the controller is obliged to make this correction or correction to all recipients to whom the personal data concerning you have been disclosed. erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed of these recipients.
6. Right to data portability
You have the right to receive the personal data concerning you that you have provided to the controller in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another controller without hindrance by the controller to whom the personal data has been provided, provided that:
• processing on a consent in accordance with Art. 1 lit. a GDPR or Art. 2 lit. a GDPR or on a contract in accordance with Art. 1 lit. b GDPR is based and
• the processing is carried out using automated procedures.
In exercising this right, you also have the right to obtain that the personal data concerning you are transferred directly by one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to data portability shall not apply to the processing of personal data necessary for the performance of a task which is in the public interest or carried out in the exercise of official authority delegated to the controller.
7. Right to object
You have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data concerning you, which may be used under Article 6(4) of the 1 lit. e or f GDPR to appeal; this shall also apply to profiling based on these provisions.
The controller will no longer process the personal data concerning you, unless he can prove compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms, or the processing serves the purpose of the assertion, exercise or defence of legal claims.
If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is related to such direct marketing.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility to exercise your right of opposition in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
8. Right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.
9. Automated decision on a case-by-case basis, including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, that has legal effect on you or similarly significantly affects you. This does not apply if the decision
• is necessary for the conclusion or performance of a contract between you and the controller,
• is permitted by Union or Member State legislation to which the controller is subject and that legislation contains appropriate measures to safeguard your rights and freedoms and legitimate interests, or
• with your express consent.
However, those decisions may not be based on specific categories of personal data under Article 9(1). 1 GDPR, unless Art. 2 lit. a or g GDPR and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.
With regard to the cases referred to in (1) and (3), the controller shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, including at least the right to the intervention of a person on the part of the controller, to statement of one’s own position and on the challenge of the decision.
10. Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your place of residence, place of employment or place of the alleged breach if you believe that the processing of personal data concerning you violates the GDPR.
The supervisory authority to which the complaint was lodged shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.
Revision history
Version | Date | Author | Description
001| 05/11/2018 | Tom Allen | Original