The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject is always in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to me. By means of this data protection declaration, I would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of the rights to which they are entitled by means of this data protection declaration.
As the controller responsible for processing, I have implemented numerous technical and organizational measures to ensure the most complete protection possible for the personal data processed via this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us in alternative ways, for example by telephone.
I use the following terms, among others, in this data protection declaration:
- Personal data is any information relating to an identified or identifiable natural person (hereinafter “data subject”). A natural person is considered to be identifiable if, directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier or to one or more special features, the expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person can be identified.
- Data subject is any identified or identifiable natural person whose personal data is processed by the controller.
- Processing is any process carried out with or without the help of automated processes or any such series of processes in connection with personal data such as collecting, recording, organizing, arranging, storing, adapting or changing, reading out, querying, Use, disclosure by transmission, distribution or any other form of making available, matching or linking, restriction, deletion or destruction.
- Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.
- Profiling is any type of automated processing of personal data that consists of using this personal data to evaluate certain personal aspects relating to a natural person, in particular aspects related to work performance, economic situation, health analyze or predict that natural person’s personal preferences, interests, reliability, conduct, whereabouts or relocation.
- Pseudonymization is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures that ensure that the personal data is not assigned to an identified or identifiable natural person.
- The responsible or responsible for processing is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data. If the purposes and means of this processing are specified by Union law or the law of the Member States, the person responsible or the specific criteria for his naming can be provided for by Union law or the law of the Member States.
- Processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the person responsible.
- Recipient is a natural or legal person, public authority, agency or other body to which personal data are disclosed, regardless of whether it is a third party or not. However, authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law are not considered recipients.
- 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 responsibility of the controller or processor, are authorized to process the personal data.
- Consent is any expression of will voluntarily given by the data subject in an informed manner and unequivocally for the specific case in the form of a declaration or other clear confirmatory action, with which the data subject indicates that they are processing their personal data data agrees.
2. Name and address of the person responsible for processing
The person responsible within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is:
Frank Zumbruch (ZAKK)
Q 3, 15
phone: +49 172 6334544
The person concerned can prevent the setting of cookies by my website at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the person concerned deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable. Cookie Settings
4. Collection of general data and information
The ZAKK website collects a series of general data and information each time the website is accessed by an affected person or an automated system. This general data and information is stored in the log files of the server. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites, which are accessed via an accessing system on our website can be controlled, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information used to avert threats in the event of attacks on our information technology systems.
When using these general data and information, I do not draw any conclusions about the data subject. Rather, this information is required to (1) deliver the content of our website correctly, (2) optimize the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of my website and ( 4) to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by my company statistically and with the aim of increasing data protection and data security in my company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by an affected person.
5. Contact option via the website
Due to legal regulations, the ZAKK website contains information that enables quick electronic contact to our company and direct communication with us, which also includes a general address for so-called electronic mail (e-mail address). If a person concerned contacts the person responsible for processing by e-mail or via a contact form, the personal data transmitted by the person concerned will be automatically saved. 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. This personal data will not be passed on to third parties.
6. Routine deletion and blocking of personal data
The person responsible for processing processes and stores the personal data of the person concerned only for the period of time necessary to achieve the purpose of storage or if this is required by the European directive and regulation giver or another legislator in laws or regulations which the person responsible for processing subject, was provided.
If the purpose of storage no longer applies or if a storage period prescribed by the European directive and regulation authority or another responsible legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.
7. Rights of the data subject
- Right to confirmation Each data subject has the right, granted by the European directive and regulation giver, to request confirmation from the data controller as to whether personal data relating to them is being processed. If a data subject wishes to exercise this right to confirmation, they can contact an employee of the data controller at any time.
- Right to information Every person affected by the processing of personal data has the right, granted by the European directive and regulation giver, to receive free information about the personal data stored about him and a copy of this information from the person responsible for processing at any time. Furthermore, the European legislator for directives and regulations has granted the data subject access to the following information:
- the processing purposes
- the categories of personal data being processed
- 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 organizations
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria used to determine that duration
- the existence of a right to correction or deletion of the personal data concerning you or to restriction of processing by the person responsible or a right to object to this processing
- the existence of a right of appeal to a supervisory authority
- if the personal data is not collected from the data subject: all available information about the origin of the data
- the existence of automated decision-making including profiling in accordance with Article 22 (1) and (4) GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject Right to information as to whether personal data has been transmitted to a third country or to an international organization. If this is the case, the data subject has the right to obtain information about the appropriate guarantees in connection with the transmission. If a data subject wishes to exercise this right to information, they can contact an employee of the for contact the controller.
- Right to correction Every person affected by the processing of personal data has the right granted by the European directive and regulation giver to demand the immediate correction of incorrect personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data – also by means of a supplementary declaration. If a data subject wishes to exercise this right to rectification, he or she can contact an employee of the contact the person responsible for processing.
- Right to erasure (right to be forgotten)Any person affected by the processing of personal data has the right granted by the European legislator for directives and regulations to demand that the person responsible delete the personal data concerning them immediately if one of the following reasons applies and to the extent that the processing is not necessary:
- The personal data were collected for such purposes or otherwise processed for which they are no longer necessary.
- The data subject revokes their consent on which the processing was based pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal basis for the processing.
- The data subject objects to the processing pursuant to Article 21 (1) GDPR and there are no overriding legitimate reasons for the processing, or the data subject objects to the processing pursuant to Article 21 (2) GDPR processing on.
- The personal data have been unlawfully processed.
- Erasure of the personal data is necessary to fulfill a legal obligation in Union or Member State law to which the controller is subject.
- The personal data was collected in relation to information society services offered in accordance with Art. 8 Para. 1 DS-GVO. If one of the above reasons applies and a data subject wishes to have personal data stored at ZAKK deleted, they can contact an employee of the data controller at any time. The ZAKK employee will ensure that the request for deletion is complied with immediately. If the personal data was made public by me and my company, as the person responsible, is obliged to delete the personal data in accordance with Art. 17 Para. 1 GDPR, I will take appropriate measures, including technical ones, taking into account the available technology and the implementation costs to inform other persons responsible for data processing who process the published personal data that the person concerned has requested the deletion of all links to this personal data or copies or replications of this personal data from these other persons responsible for data processing, insofar as the processing is not required. The employee of ZAKK will arrange the necessary in individual cases.
- Right to restriction of processing: Any person affected by the processing of personal data has the right granted by the European directive and regulation giver to demand that the person responsible restrict the processing if one of the following conditions is met:
- 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, the data subject refuses the deletion of the personal data and instead requests the restriction of the use of the personal data.
- The person responsible no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims.
- The data subject has lodged an objection to the processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller outweigh those of the data subject If the data subject wishes to request the restriction of personal data stored at ZAKK, they can contact an employee of the data controller at any time. The employees of ZAKK will arrange the restriction of the processing.
- Right to data portability: Every person affected by the processing of personal data has the right, granted by the European directive and regulation giver, to receive the personal data relating to them, which the person concerned has provided to a person responsible, in a structured, common and machine-readable format. You also have the right to transmit this data to another person responsible without hindrance from the person responsible to whom the personal data was provided, provided that the processing is based on the consent in accordance with Art. 6 Para. 1 Letter a GDPR or Art. 9 Para 2 letter a GDPR or on a contract according to article 6 paragraph 1 letter b GDPR and the processing is carried out using automated procedures, provided that the processing is not necessary for the performance of a task that is in the public interest or takes place in the exercise of official authority, which has been transferred to the person responsible. Furthermore, when exercising their right to data portability in accordance with Art. 20 Para the rights and freedoms of other persons are not impaired by this. In order to assert the right to data transferability, the person concerned can contact an employee of ZAKK at any time.
- Right to object: Every person affected by the processing of personal data has the right granted by the European directive and regulation giver, for reasons arising from their particular situation, at any time against the processing of personal data concerning them, which is based on Art. 6 para 1 letters e or f DS-GVO to file an objection. This also applies to profiling based on these provisions. ZAKK no longer processes the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims If ZAKK processes personal data in order to operate direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is associated with such direct advertising. If the data subject objects to ZAKK to the processing for direct marketing purposes, ZAKK will no longer process the personal data for these purposes. In addition, the data subject has the right, for reasons arising from their particular situation, against the processing of personal data relating to them, which is carried out at ZAKK for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 Para. 1 DS-GVO to object, unless such processing is necessary to fulfill a task in the public interest. To exercise the right to object, the data subject may contact any employee of ZAKK or another employee directly. The data subject is also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.
- Automated decisions in individual cases including profiling: Any person affected by the processing of personal data has the right granted by the European legislator for directives and regulations not to be subject to a decision based solely on automated processing – including profiling – which has legal effect on them or similarly significantly affects it, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) due to Union or Member State law to which the controller is subject, is permissible and these legal provisions contain appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject or (3) is carried out with the express consent of the data subject. 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, the ZAKK shall implement suitable measures to safeguard the rights and freedoms and legitimate interests of the data subject, including 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. If the data subject wishes to assert rights relating to automated decisions, they can contact an employee of the data controller at any time.
- Right to revoke consent under data protection law: Any person affected by the processing of personal data has the right granted by the European legislator for directives and regulations to revoke consent to the processing of personal data at any time. If the data subject wishes to assert their right to revoke consent, they can contact an employee of the data controller at any time.
8. Data protection regulations for the application and use of Google Analytics (with anonymization function)
The person responsible for processing has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, collection and evaluation of data about the behavior of visitors to websites. A web analysis service collects, among other things, data about the website from which a person concerned came to a website (so-called referrer), which subpages of the website were accessed or how often and for how long a subpage was viewed. A web analysis is mainly used to optimize a website and for the cost-benefit analysis of internet advertising.
The operating company of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.
The person responsible for processing uses the addition “_gat._anonymizeIp” for the web analysis via Google Analytics. With this addition, the IP address of the Internet connection of the person concerned is shortened and anonymized by Google if our website is accessed from a member state of the European Union or from another state party to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze visitor flows on our website. Google uses the data and information obtained, among other things, to evaluate the use of our website, to compile online reports for us that show the activities on our website, and to provide other services related to the use of our website.
Google Analytics places a cookie on the information technology system of the data subject. What cookies are has already been explained above. By setting the cookie, Google is able to analyze the use of our website. Each time one of the individual pages of this website is called up, which is operated by the person responsible for processing and on which a Google Analytics component has been integrated, the Internet browser on the information technology system of the person concerned is automatically activated by the respective Google Analytics component to transmit data to Google for online analysis. As part of this technical process, Google gains knowledge of personal data, such as the IP address of the person concerned, which Google uses, among other things, to trace the origin of visitors and clicks and subsequently to enable commission statements.
The cookie is used to store personal information, such as access time, the location from which access was made and the frequency of visits to our website by the person concerned. Each time you visit our website, this personal data, including the IP address of the Internet connection used by the person concerned, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected via the technical process to third parties.
The person concerned can prevent the setting of cookies by our website, as already described above, at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the information technology system of the person concerned. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.
Further information and Google’s applicable data protection regulations can be found at https://www.google.de/intl/de/policies/privacy/ and at http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail under this link https://www.google.com/intl/de_de/analytics/.
9. Legal basis of processing
Art. 6 I lit. a GDPR serves our company 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 to fulfill a contract to which the data subject is party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations that are necessary to carry out pre-contractual measures, for example in the case of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data could become necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were 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 Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the person concerned do not prevail. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, he took the view that a legitimate interest could be assumed if the data subject is a customer of the person responsible (recital 47 sentence 2 GDPR).
10. Legitimate interests in processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is conducting our business for the benefit of all our employees and our shareholders.
11. Duration for which the personal data will be stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After the deadline has expired, the corresponding data will be routinely deleted, provided that they are no longer required to fulfill the contract or to initiate a contract.
12. Statutory or contractual requirements for providing the personal data; Necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a person concerned makes personal data available to us, which must then be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide the personal data would mean 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 one of our employees. Our employee clarifies to the data subject on a case-by-case basis 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 what the consequences would be if the personal data were not provided.
13. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.