MOUKOM PARTNER Consulting
Data protection declaration according to the GDPR
I. Name and address of the person responsible
The person specified in the imprint of the website of this data protection declaration is responsible within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations.
II. Name and address of the data protection officer
If a data protection officer is responsible separately, the corresponding information is also noted in the imprint.
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 to provide a functional website and 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 such cases in which it is not possible to obtain prior consent for actual reasons and the processing of the data is permitted by statutory provisions.
2. Legal basis for processing personal data
Insofar as we obtain the consent of the data subject for the processing of personal data, Article 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
Article 6 (1) (b) GDPR serves as the legal basis for the processing of personal data required to fulfill 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.
Insofar as processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Article 6 (1) (c) GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6 Paragraph 1 Letter d GDPR serves as the legal basis.
If the processing is necessary to protect a legitimate interest of our company or a third party and if the interests, fundamental rights and fundamental freedoms of the person concerned do not outweigh the first interest, Article 6 Paragraph 1 Letter f GDPR serves as the legal basis for the processing.
3. Data Erasure and Storage Duration
The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage no longer applies. Storage can 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 person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.
IV. Provision of the website and creation of log files
1. Description and scope of data processing
Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.
The following data is collected here:
(1) Information about the browser type and version used
(2) The user’s operating system
(3) The user’s internet service provider
(4) The IP address of the user
(5) Date and time of access
(6) Websites from which the user’s system accesses our website
(7) Websites accessed by the user’s system via our website
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 enable the data to be assigned to a user. This data is not 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 (1) (f) GDPR.
3. Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the IP address of the user must remain stored for the duration of the session.
Our legitimate interest in data processing in accordance with Article 6 (1) (f) GDPR also lies in these purposes.
4. Duration of storage
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
5. Possibility of objection and elimination
The collection of the 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. Consequently, there is no possibility of objection on the part of the user.
Description and scope of data processing
VI. Contact form and email contact
It is possible to contact us via the email address provided. In this case, the user’s personal data transmitted with the e-mail will be stored. In this context, the data will not be passed on to third parties. The data will only be used to process the conversation.
1. Legal basis for data processing
The legal basis for processing the data is Article 6(1)(a) GDPR if the user has given their consent.
The legal basis for the processing of the data transmitted in the course of sending an e-mail is Article 6 Paragraph 1 Letter f GDPR. If the e-mail contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 (1) (b) GDPR.
2. Purpose of data processing
In contacting us by e-mail, there is also the necessary legitimate interest in the processing of the data.
3. Duration of storage
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For the personal data sent by email, this is the case when the respective conversation with the user has ended. The conversation is over when it can be inferred from the circumstances that the facts in question have been finally clarified.
4. Possibility of objection and elimination
The user has the option to revoke his consent to the processing of personal data at any time. If the user contacts us by email, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.
All personal data that was saved in the course of making contact will be deleted in this case.
VII. Rights of the data subject
The following list includes all rights of those affected under the GDPR. Rights that are not relevant to your own website do not have to be mentioned. In this respect, the list can be shortened.
If personal data is processed by you, you are the data subject within the meaning of the GDPR and you have the following rights vis-à-vis the person responsible:
1. Right to information
You can request confirmation from the person responsible as to whether personal data relating to you is being processed by us.
If such processing is present, you can request information from the person responsible for the following information:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom your personal data has been or will be disclosed;
(4) the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage duration;
(5) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the person responsible or a right to object to this processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) all available information about 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 in accordance with Art. 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.
You have the right to request information as to whether your personal data is being transmitted to a third country or to an international organization. In this context, you can request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transmission.
2. Right to Rectification
You have a right to correction and/or completion to the person responsible if the processed personal data concerning you is incorrect or incomplete. The person responsible must make the correction immediately.
3. Right to restriction of processing
Under the following conditions, you can request the restriction of the processing of your personal data:
(1) if you contest the accuracy of the personal data concerning you, for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you refuse and instead have the personal data erased
4. Right to erasure
a) Obligation to delete
You can request the person responsible to delete the personal data concerning you immediately, and the person responsible is obliged to delete this data immediately if one of the following reasons applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent on which the processing was based pursuant to Article 6 Paragraph 1 Letter a or Article 9 Paragraph 2 Letter a GDPR and there is no other legal basis for the processing.
(3) You object to the processing in accordance with Article 21 (1) GDPR and there are no overriding legitimate reasons for the processing, or you object to the processing in accordance with Article 21 (2) GDPR.
(4) The personal data concerning you was processed unlawfully.
(5) The deletion of personal data concerning you is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the person responsible is subject.
(6) The personal data concerning you was collected in relation to information society services offered pursuant to Article 8 (1) GDPR.
b) Information to third parties
If the person responsible has made the personal data relating to you public and is obliged to delete it in accordance with Art. 17 (1) GDPR, he shall take appropriate measures, including technical measures, to protect the person responsible for data processing, taking into account the available technology and the implementation costs , who process the personal data, that you, as the data subject, have requested them to delete all links to this personal data or copies or replications of this personal data.
The right to erasure does not exist if processing is necessary
(1) to exercise the right to freedom of expression and information;
(2) to fulfill a legal obligation that requires processing under Union or Member State law to which the controller is subject, or to perform a task that is in the public interest or in the exercise of official authority vested in the controller would;
(3) for reasons of public interest in the field of public health in accordance with Article 9 (2) lit. h and i and Article 9 (3) GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 Para
(5) to assert, exercise or defend legal claims.
5. Right to Information
If you have asserted the right to correction, deletion or restriction of processing against the person responsible, he is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction of processing, unless this proves to be impossible or involves a disproportionate effort.
You have the right to be informed about these recipients by the person responsible.
6. Right to data portability
You have the right to receive the personal data concerning you that you have provided to the person responsible in a structured, common and machine-readable format. In addition, you have the right to transmit this data to another person responsible without hindrance by the person responsible for providing the personal data, provided that
(1) the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR and
(2) the processing is carried out using automated procedures.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one person responsible to another person responsible, insofar as this is technically feasible. The freedoms and rights of other people must not be impaired by this.
The right to data portability does not apply to processing of personal data that is required to perform a task that is in the public interest or in the exercise of official authority that has been assigned 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 your personal data, which is based on Article 6 Paragraph 1 lit. e or f GDPR; this also applies to profiling based on these provisions.
The person responsible no longer processes the personal data relating to you unless he can demonstrate compelling legitimate grounds for the processing which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you is processed in order to operate direct advertising, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct advertising.
If you object to the processing for direct marketing purposes, the personal data relating to you will no longer be processed for these purposes.
In connection with the use of information society services, you have the option – notwithstanding Directive 2002/58/EC – to exercise your right to object by means of automated procedures that use 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 up to the point of revocation.
9. Automated individual decision-making including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the person responsible,
(2) is permissible on the basis of Union or Member State legislation to which the person responsible is subject and this legislation contains appropriate measures to safeguard your rights and freedoms and legitimate interests, or
(3) with your express consent.
However, these decisions must not be based on special categories of personal data according to Article 9 Paragraph 1 GDPR, unless Article 9 Paragraph 2 lit. a or g GDPR applies 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 person responsible shall take appropriate measures to safeguard your rights and freedoms and your legitimate interests, including at least the right to obtain human intervention on the part of the person responsible, to express his or her point of view and to challenge the decision.
10. Right to lodge a complaint with 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, your place of work or the place of the alleged infringement, if you believe that the processing of your personal data is contrary to violates the GDPR.
The supervisory authority to which the complaint was lodged will inform the complainant about the status and the results of the complaint, including the possibility of a judicial remedy under Art. 78 GDPR.
This data protection declaration follows one of Professor Dr. Thomas Hoeren, together with employees of the DFN-Verein’s legal research center (including Johannes Baur and Charlotte Röttgen), developed the explanation and largely adopted the formulations proposed there.