I am very pleased about your interest in me. Data protection is of a particularly high priority for OLSEN Kunstbauten. The use of the Internet pages of OLSEN Kunstbauten is basically possible without any indication of personal data. However, if a data subject wishes to make use of special services provided by us via our website, processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the OLSEN Kunstbauten. By means of this data protection declaration, I would like to inform the public about the nature, scope and purpose of the personal data collected, used and processed by me. Furthermore, data subjects are informed by means of this data protection declaration about the rights to which they are entitled.
As the controller, the OLSEN Kunstbauten has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transfer personal data to me by alternative means, for example by telephone.
1. definitions
The data protection declaration of the OLSEN Kunstbauten is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). my data protection declaration should be easily readable and understandable for the public as well as for my customers and business partners. In order to ensure this, we would like to explain the terms used in advance.
In this privacy policy, we use, among other things, the following terms:
a) 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 characteristics specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject
The data subject is any identified or identifiable natural person whose personal data are processed by the controller.
c) Processing
Processing means 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.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.
e) Profiling
Profiling is any type of automated processing of personal data consisting in the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, whereabouts or movements.
f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a way 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.
g) Controller or person responsible for the processing
The controller or controller is the natural or legal person, public authority, agency or other body which alone or jointly with others decides on the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for by Union or Member State law.
h) Processor
Processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
i) Recipients
Recipient is a natural or legal person, public authority, agency or other body to which personal data are disclosed, whether or not it is a third party. However, public authorities that may receive personal data under Union or Member State law in the context of a specific investigation request shall not be considered as recipients.
j) Third party
A third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or processor.
k) Consent
Consent means any freely given, specific, informed and unambiguous indication of the data subject's wishes, in the form of a statement or other unequivocal affirmative action, by which the data subject indicates his or her agreement to the processing of personal data concerning him or her.
2. Name and address of the controller
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:
OLSEN Kunstbauten
Schäferstr. 23
26123 Oldenburg
Germany
Tel.: +49 177 4334616
E-mail:
Website: www.kunstbauten.de
3. Cookies
The Internet pages of the OLSEN Kunstbauten use cookies. Cookies are text files that are stored on a computer system via an Internet browser.
Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters through which websites and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A certain Internet browser can be recognized and identified via the unique cookie ID.
Through the use of cookies, the OLSEN Kunstbauten can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.
By means of a cookie, the information and offers of our website can be optimized in the sense of the user. Cookies allow us, as already mentioned, to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter his access data every time he visits the website, because this is taken over by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping cart in the online shop. The online shop remembers the items that a customer has placed in the virtual shopping cart via a cookie.
The data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies already 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 data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.
4. Collection of general data and information
The website of the OLSEN Kunstbauten collects a series of general data and information when a data subject or automated system calls up the website. This general data and information is stored in the log files of the server. It is possible to record 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 my website (so-called referrers), (4) the sub-websites which are accessed via an accessing system on my website, (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 which serve to avert danger in the event of attacks on my information technology systems.
When using these general data and information, the OLSEN Kunstbauten does not draw any conclusions about the data subject. Rather, this information is needed to (1) correctly deliver the contents of my website, (2) to optimize the contents of my website and the advertising for it, (3) to ensure the permanent functionality of my information technology systems and the technology of my website and (4) to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. Therefore, the OLSEN Kunstbauten analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to 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 a data subject.
5. Possibility of contact via the website
The website of the OLSEN Kunstbauten 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 will be stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the controller will be stored for the purposes of processing or contacting the data subject. This personal data will not be passed on to third parties.
6. Comment function in the blog on the website
The Olsen Kunstbauten offers users the possibility to leave individual comments on individual blog contributions on a blog, which is on the website of the controller. A blog is a portal run on a website, usually publicly viewable, in which one or more people, who are called bloggers or web bloggers, can post articles or write down thoughts in so-called blog posts. The blog posts can usually be commented on by third parties.
If a data subject leaves a comment on the blog published on this website, in addition to the comments left by the data subject, information on the time of the comment entry and on the user name (pseudonym) chosen by the data subject will be stored and published. Furthermore, the IP address assigned by the Internet service provider (ISP) of the data subject is logged. This storage of the IP address takes place for security reasons and in the event that the data subject violates the rights of third parties or posts illegal content by making a comment. The storage of this personal data is therefore in the personal interest of the controller, so that the latter could possibly exculpate in the event of a violation of the law. This collected personal data will not be passed on to third parties unless such disclosure is required by law or serves the legal defence of the controller.
7. Routine deletion and blocking of personal data
The controller processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of storage or if this has been provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.
If the purpose of storage no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
8. Rights of the data subject
a) Right to confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller confirmation as to whether 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.
b) Right to information
Any data subject affected by the processing of personal data has the right granted by the European legislator to obtain free information from the controller at any time about the personal data stored about him or her and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:
- the processing purposes
- the categories of personal data 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 organisations;
- where possible, the planned duration for which the personal data will be stored or, if that is not possible, the criteria for determining that duration;
- the existence of a right to rectification or erasure of personal data concerning him or her or to restriction of processing by the controller or a right to object to such processing
- the existence of a right of appeal to a supervisory authority
- if the personal data are not collected from the data subject: All available information on the origin of the data
- the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the scope and intended effects of such processing on the data subject;
Furthermore, the data subject has a right of access to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with 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.
c) Right to rectification
Any data subject affected by the processing of personal data shall have the right granted by the European legislator to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (right to be forgotten)
Any data subject affected by the processing of personal data 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, where one of the following grounds applies and where the processing is not necessary:
- The personal data have been collected or otherwise processed for such purposes for which they are no longer necessary.
- The data subject withdraws his or her consent on which the processing was based pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR and there is no other legal basis 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 processed unlawfully.
- The erasure of personal data is necessary to comply with a legal obligation under 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 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 the OLSEN Kunstbauten, he or she may, at any time, contact any employee of the controller. An employee of OLSEN Kunstbauten shall promptly ensure that the erasure request is complied with immediately.
If the personal data of OLSEN Kunstbauten has been made public and I, as the controller, am obliged to erase the personal data in accordance with Article 17(1) of the GDPR, OLSEN Kunstbauten shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other controllers processing the published personal data that the data subject has requested the erasure of all links to these personal data or of copies or replications of these personal data from these other controllers, insofar as the processing is not necessary. An employees of the OLSEN Kunstbauten will arrange the necessary measures in individual cases.
e) Right to restriction of processing
Any data subject affected by the processing of personal data shall have the right granted by the European legislator to request the controller to 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 that enables the controller to verify the accuracy of the personal data.
- The processing is unlawful, the data subject refuses to delete the personal data and instead requests the restriction of the use of the personal data.
- The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them for the establishment, exercise or defence of legal claims.
- The data subject has objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear 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 the OLSEN Kunstbauten, he or she may at any time contact any employee of the controller. The employee of the OLSEN Kunstbauten will arrange the restriction of the processing.
f) 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 provided by the data subject to a controller in a structured, commonly used and machine-readable format. It also has the right to transfer those data to another controller without hindrance from the controller to which the personal data have been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR and that the processing is carried out by automated means, provided that 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 has the right to have the personal data transmitted directly from one controller to another, insofar as this is technically feasible and provided that this does not affect the rights and freedoms of other persons.
In order to assert the right to data portability, the data subject may at any time contact any employee of the OLSEN Kunstbauten.
g) Right to object
Each data subject shall have the right granted by the European legislator to object at any time, on grounds relating to his or her particular situation, to processing of personal data concerning him or her on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.
OLSEN Kunstbauten 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 OLSEN Kunstbauten 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 also applies to profiling insofar as it is associated with such direct advertising. If the data subject objects to the OLSEN Kunstbauten to the processing for direct marketing purposes, the OLSEN Kunstbauten 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 the OLSEN Kunstbauten 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 the OLSEN Kunstbauten. The data subject shall also be free to exercise his or her right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
h) Automated individual decisions including profiling
Any 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, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is permitted by Union or Member State law to which the controller is subject and that such law contains appropriate measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) with 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, the OLSEN Kunstbauten 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 the controller.
i) Right to withdraw consent under data protection law
Any person affected by the processing of personal data has the right granted by the European legislator to revoke consent to the processing of 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 the controller.
8. Data protection provisions about the application and use of Shariff
The controller has integrated the Shariff component on this website. The Shariff component provides social media buttons that are compliant with data protection. Shariff was developed for the German computer magazine c't and is published via GitHub, Inc.
Developer of the component is GitHub, Inc. 88 Colin P. Kelly Junior Street, San Francisco, CA 94107, USA.
Usually, the button solutions provided by the social networks already transfer personal data to the respective social network when a user visits a website in which a social media button has been integrated. By using the Shariff component, personal data is only transmitted to social networks when the visitor to a website actively presses one of the social media buttons. Further information on the Shariff component is available from the computer magazine c't at http://www.heise.de/newsticker/meldung/Datenschutz-und-Social-Media-Der-c-t-Shariff-ist-im-Einsatz-2470103.html. The use of the Shariff component has the purpose of protecting the personal data of visitors to my website and at the same time enabling me to integrate a button solution for social networks on this website.
Further information and the applicable GitHub privacy policy can be found at https://help.github.com/articles/github-privacy-policy/.
10. Data protection provisions about the application and use of YouTube
The controller has integrated components of YouTube on this website. YouTube is an internet video portal that enables video publishers to post video clips and other users to view, rate and comment on them free of charge. YouTube allows the publication of all types of videos, which is why complete film and television programs, as well as music videos, trailers or user-made videos can be accessed via the Internet portal.
The operating company of YouTube is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.
Each time one of the individual pages of this website, which is operated by the controller and on which a YouTube component (YouTube video) has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective YouTube component to download a representation of the corresponding YouTube component from YouTube. Further information on YouTube can be found at https://www.youtube.com/yt/about/en/. As part of this technical process, YouTube and Google gain knowledge of which specific subpage of our website is visited by the data subject.
If the data subject is logged in to YouTube at the same time, YouTube recognizes which specific subpage of our website the data subject visits by calling up a subpage containing a YouTube video. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.
YouTube and Google receive information via the YouTube component that the data subject has visited our website whenever the data subject is logged in to YouTube at the same time as accessing our website; this takes place regardless of whether the data subject clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desired by the data subject, he or she can prevent the transmission by logging out of his or her YouTube account before accessing our website.
The data protection regulations published by YouTube, which are available at https://www.google.de/intl/de/policies/privacy/, provide information on the collection, processing and use of personal data by YouTube and Google.
11. Legal basis of processing
Art. 6 I lit. a GDPR serves as the legal basis for processing operations in 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 a 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 cases of inquiries about my products or services. If I am subject to a legal obligation by which processing of personal data is required, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may 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 my company and his name, age, health insurance information or other vital information had to be passed on to a doctor, hospital or other third party. In this case, 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 safeguard our legitimate interest or that of a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. Such processing operations are permitted to me 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 controller (Recital 47, second sentence, GDPR).
12. Legitimate interests in the 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 the performance of my business activities in favour of the well-being of all my employees and my shareholders.
13. Duration for which the personal data is stored
The criterion for the duration of the storage of personal data is the respective legal retention period. After the expiry of the period, the corresponding data will be routinely deleted, provided that they are no longer necessary for the performance of the contract or the initiation of the contract.
14. Legal or contractual provisions for the provision of 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 inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may 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 data subject provides me with personal data, which must subsequently be processed by me. For example, the data subject is obliged to provide me with personal data when I conclude a contract with him or her. Failure to provide the personal data would mean that the contract could not be concluded with the data subject. Before providing personal data by the data subject, the data subject must contact one of my employees. Our employee informs the data subject on a case-by-case basis whether the provision of 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 consequences the non-provision of personal data would have.
15. Existence of automated decision-making
As a responsible person, I refrain from automatic decision-making or profiling.
This data protection declaration was created by the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as External Data Protection Officer Hof, in cooperation with the lawyer for data protection law Christian Solmecke.
