Privacy policy

Datenschutzerklärung

Gemählich – die beratergruppe GbR
Management Ms. Patricia Gemählich-Kurth and Ms. Anna-Lena Heidinger
Seehausstr. 58
53117 Bonn, Germany
Phone +49 228/9610994-1

Mobil +49 172/9786891
p.gemaehlich@gemaehlich.com

a.heidinger@gemaehlich.com

Management assistance Ms. Carina Bäumer
c.baeumer@gemaehlich.com

Welcome to our website!

We attach great importance to the protection of your data and your privacy. We therefore inform you below about the collection and use of personal data when you use our website.

Unless otherwise stated below, the provision of your personal data is neither required by law or contract nor necessary for the conclusion of a contract. You are not obliged to provide the data. Failure to provide it has no consequences. This only applies if no other information is provided in the subsequent processing operations. “Personal data” means any information relating to an identified or identifiable natural person.

Privacy policy

1. data protection at a glance

General information

The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is any data that can be used to identify you personally. Detailed information on the subject of data protection can be found in our data protection declaration listed below this text.

Data collection on this website

Who is responsible for data collection on this website?

Die Datenverarbeitung auf dieser Website erfolgt durch den Websitebetreiber. Dessen Kontaktdaten können Sie dem Abschnitt „Hinweis zur Verantwortlichen Stelle“ in dieser Datenschutzerklärung entnehmen.

How do we collect your data?

On the one hand, your data is collected when you provide it to us. This may be data that you enter in a contact form, for example. Other data is collected automatically or with your consent by our IT systems when you visit the website. This is primarily technical data (e.g. internet browser, operating system or time of page view). This data is collected automatically as soon as you enter this website.

What do we use your data for?

Some of the data is collected to ensure that the website is provided without errors. Other data may be used to analyze your user behavior. If contracts can be concluded or initiated via the website, the data transmitted will also be processed for contract offers, orders or other order inquiries.

What rights do you have with regard to your data?

You have the right to receive information about the origin, recipient and purpose of your stored personal data free of charge at any time. You also have the right to request the correction or deletion of this data. If you have given your consent to data processing, you can revoke this consent at any time for the future. You also have the right to request the restriction of the processing of your personal data under certain circumstances. You also have the right to lodge a complaint with the competent supervisory authority. You can contact us at any time if you have any further questions on the subject of data protection.

Analysis tools and tools from third-party providers

When you visit this website, your surfing behavior may be statistically evaluated. This is primarily done using so-called analysis programs. Detailed information on these analysis programs can be found in the following privacy policy.

2. hosting

We host the content of our website with the following provider:

DomainFactory

The provider is DomainFactory GmbH, c/o WeWork, Neuturmstraße 5, 80331 Munich (hereinafter referred to as DomainFactory). When you visit our website, DomainFactory collects various log files including your IP addresses.

Details can be found in DomainFactory’s privacy policy: https://www.df.eu/de/datenschutz/.

DomainFactory is used on the basis of Art. 6 para. 1 lit. f GDPR. We have a legitimate interest in ensuring that our website is displayed as reliably as possible. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TDDDG, insofar as the consent includes the storage of cookies or access to information in the user’s terminal device (e.g. for device fingerprinting) within the meaning of the TDDDG. Consent can be revoked at any time.

3. general notes and mandatory information

Data protection

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.
When you use this website, various personal data is collected. Personal data is data that can be used to identify you personally. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.
We would like to point out that data transmission over the Internet (e.g. when communicating by email) may be subject to security vulnerabilities. Complete protection of data against access by third parties is not possible.

Note on the responsible body

The controller responsible for data processing on this website is

Gemählich – die beratergruppe GbR
Management Ms. Patricia Gemählich-Kurth und Ms. Anna-Lena Heidinger
Seehausstr. 58
53117 Bonn, Germany
Phone +49 228/9610994-1
Mobil +49 172/9786891

The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data (e.g. names, email addresses, etc.).

Storage period

Unless a more specific storage period has been specified in this privacy policy, your personal data will remain with us until the purpose for data processing no longer applies. If you assert a justified request for deletion or revoke your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g. retention periods under tax or commercial law); in the latter case, deletion will take place after these reasons no longer apply.

General information on the legal basis for data processing on this website

If you have consented to data processing, we process your personal data on the basis of Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR, insofar as special categories of data are processed in accordance with Art. 9 para. 1 GDPR. In the event of express consent to the transfer of personal data to third countries, data processing is also carried out on the basis of Art. 49 para. 1 lit. a GDPR. If you have consented to the storage of cookies or access to information in your end device (e.g. via device fingerprinting), the data processing is also carried out on the basis of Section 25 (1) TDDDG. Consent can be revoked at any time. If your data is required to fulfill the contract or to carry out pre-contractual measures, we process your data on the basis of Art. 6 para. 1 lit. b GDPR. Furthermore, we process your data if this is necessary to fulfill a legal obligation on the basis of Art. 6 para. 1 lit. c GDPR. Data processing may also be carried out on the basis of our legitimate interest in accordance with Art. 6 para. 1 lit. f GDPR. Information on the relevant legal bases in each individual case is provided in the following paragraphs of this privacy policy.

Recipients of personal data

As part of our business activities, we work together with various external bodies. In some cases, it is also necessary to transfer personal data to these external bodies. We only pass on personal data to external bodies if this is necessary in the context of fulfilling a contract, if we are legally obliged to do so (e.g. passing on data to tax authorities), if we have a legitimate interest in passing on data in accordance with Art. 6 para. 1 lit. f GDPR or if another legal basis permits the passing on of data. When using processors, we only pass on our customers’ personal data on the basis of a valid contract for order processing. In the case of joint processing, a joint processing agreement is concluded.

Withdrawal of your consent to data processing

Many data processing operations are only possible with your express consent. You can withdraw your consent at any time. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

Right to object to the collection of data in special cases and to direct marketing (Art. 21 GDPR)

IF THE DATA PROCESSING IS BASED ON ART. 6 ABS. 1 LIT. E OR F GDPR, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA AT ANY TIME ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA CONCERNED UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS OR THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE OR DEFENSE OF LEGAL CLAIMS (OBJECTION PURSUANT TO ART. 21 PARA. 1 GDPR). IF YOUR PERSONAL DATA ARE PROCESSED FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING; THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR THE PURPOSE OF DIRECT MARKETING (OBJECTION PURSUANT TO ART. 21 PARA. 2 GDPR)

Right to lodge a complaint with the competent supervisory authority

In the event of breaches of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, place of work or place of the alleged infringement. The right to lodge a complaint is without prejudice to any other administrative or judicial remedy.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only take place if it is technically feasible.

Information, correction and deletion

Within the framework of the applicable legal provisions, you have the right to free information about your stored personal data, its origin and recipients and the purpose of the data processing and, if applicable, a right to correction or deletion of this data at any time. You can contact us at any time if you have further questions on the subject of personal data.

Right to restriction of processing

You have the right to request the restriction of the processing of your personal data. You can contact us at any time to do this. The right to restriction of processing exists in the following cases:
– If you dispute the accuracy of your personal data stored by us, we generally need time to verify this. For the duration of the review, you have the right to request that the processing of your personal data be restricted.
– If the processing of your personal data was/is carried out unlawfully, you can request the restriction of data processing instead of erasure.
– If we no longer need your personal data, but you need it for the exercise, defense or assertion of legal claims, you have the right to request the restriction of the processing of your personal data instead of its erasure.
– If you have lodged an objection in accordance with Art. 21 para. 1 GDPR, a balance must be struck between your interests and ours. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, this data – apart from its storage – may only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or of a Member State.

4. Data collection on this website

Cookies

Our Internet pages use so-called “cookies”. Cookies are small data packets and do not cause any damage to your end device. They are stored on your device either temporarily for the duration of a session (session cookies) or permanently (permanent cookies). Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your device until you delete them yourself or they are automatically deleted by your web browser. Cookies may originate from us (first-party cookies) or from third-party companies (so-called third-party cookies). Third-party cookies enable the integration of certain services from third-party companies within websites (e.g. cookies for processing payment services). Cookies have various functions. Many cookies are technically necessary, as certain website functions would not work without them (e.g. the shopping cart function or the display of videos). Other cookies may be used to evaluate user behavior or for advertising purposes. Cookies that are required to carry out the electronic communication process, to provide certain functions that you have requested (e.g. for the shopping cart function) or to optimize the website (e.g. cookies to measure the web audience) (necessary cookies) are stored on the basis of Art. 6 para. 1 lit. f GDPR, unless another legal basis is specified. The website operator has a legitimate interest in the storage of necessary cookies for the technically error-free and optimized provision of its services. If consent to the storage of cookies and comparable recognition technologies has been requested, the processing is carried out exclusively on the basis of this consent (Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TDDDG); the consent can be revoked at any time. You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be restricted. You can find out which cookies and services are used on this website in this privacy policy.

Contact form

If you send us inquiries via the contact form, your details from the inquiry form, including the contact details you provide there, will be stored by us for the purpose of processing the inquiry and in the event of follow-up questions. We will not pass on this data without your consent. This data is processed on the basis of Art. 6 para. 1 lit. b GDPR if your request is related to the fulfillment of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the inquiries addressed to us (Art. 6 para. 1 lit. f GDPR) or on your consent (Art. 6 para. 1 lit. a GDPR) if this has been requested; consent can be revoked at any time. We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Mandatory statutory provisions – in particular retention periods – remain unaffected.

Request by e-mail, telephone or fax

If you contact us by e-mail, telephone or fax, we will store and process your inquiry, including all personal data (name, inquiry), for the purpose of processing your request. We will not pass on this data without your consent. This data is processed on the basis of Art. 6 para. 1 lit. b GDPR if your request is related to the fulfillment of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the inquiries addressed to us (Art. 6 para. 1 lit. f GDPR) or on your consent (Art. 6 para. 1 lit. a GDPR) if this has been requested; consent can be revoked at any time. The data you send to us via contact requests will remain with us until you ask us to delete it, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.

5. Social Media

Facebook

Elements of the social network Facebook are integrated on this website. The provider of this service is Meta Platforms Ireland Limited, Merrion Road, Dublin 4, D04 X2K5, Ireland. However, according to Facebook, the data collected is also transferred to the USA and other third countries. An overview of the Facebook social media elements can be found here: https://developers.facebook.com/docs/plugins/?locale=de_DE. When the social media element is active, a direct connection is established between your end device and the Facebook server. Facebook receives the information that you have visited this website with your IP address. If you click on the Facebook “Like” button while you are logged into your Facebook account, you can link the content of this website to your Facebook profile. This allows Facebook to associate your visit to this website with your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by Facebook. Further information on this can be found in Facebook’s privacy policy at: https://de-de.facebook.com/privacy/explanation. The use of this service is based on your consent in accordance with Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TDDDG. Consent can be revoked at any time. Insofar as personal data is collected on our website with the help of the tool described here and forwarded to Facebook, we will no longer use this data.The processing carried out by Facebook after the forwarding is not part of the joint responsibility. Our joint obligations have been set out in an agreement on joint processing. You can find the text of the agreement here: https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible for providing data protection information when using the Facebook tool and for the legally compliant implementation of the tool on our website. Facebook is responsible for the data security of Facebook products. Data subject rights (e.g., requests for information) regarding data processed by Facebook can be asserted directly with Facebook. If you assert data subject rights with us, we are obligated to forward them to Facebook.

The data transfer to the USA is based on the European Commission’s Standard Contractual Clauses. Details can be found here:

The company is certified under the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the United States that aims to ensure compliance with European data protection standards in data processing activities in the USA. Every company certified under the DPF commits to adhering to these data protection standards.

For more information, please visit the provider’s website: https://www.dataprivacyframework.gov/participant/4452.

6. Newsletter

Newsletter data

If you would like to subscribe to the newsletter offered on our website, we require an email address as well as information that allows us to verify that you are the owner of the provided email address and that you consent to receiving the newsletter. No further data is collected, or only on a voluntary basis. We use this data exclusively for sending the requested information and do not share it with third parties.

The processing of the data entered in the newsletter subscription form is based solely on your consent (Art. 6(1)(a) GDPR). You may revoke your consent to the storage of your data, email address, and its use for sending the newsletter at any time, for example, via the “unsubscribe” link in the newsletter. The legality of data processing operations already carried out remains unaffected by the revocation.

The data you provide for the purpose of receiving the newsletter will be stored by us or the newsletter service provider until you unsubscribe and will be deleted from the newsletter distribution list after you cancel your subscription or the purpose ceases to exist. We reserve the right to delete or block email addresses from our newsletter distribution list at our discretion within the scope of our legitimate interest pursuant to Art. 6(1)(f) GDPR. Data stored by us for other purposes remains unaffected.

After unsubscribing from the newsletter distribution list, your email address may be stored in a blacklist by us or the newsletter service provider if necessary to prevent future mailings. The data from the blacklist is used solely for this purpose and is not combined with other data. This serves both your interest and our interest in complying with legal requirements for sending newsletters (legitimate interest under Art. 6(1)(f) GDPR). The storage in the blacklist is not time-limited. You may object to this storage if your interests outweigh our legitimate interest.

7. Plugins und Tools

YouTube

This website integrates videos from the YouTube website. The operator of the website is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland. When you visit one of our websites on which YouTube is integrated, a connection to the YouTube servers is established. This tells the YouTube server which of our pages you have visited. Furthermore, YouTube can store various cookies on your device or use comparable technologies to recognize you (e.g. device fingerprinting). In this way, YouTube can obtain information about visitors to this website. This information is used, among other things, to record video statistics, improve user-friendliness and prevent fraud attempts. Furthermore, the data collected is processed in the Google advertising network. If you are logged into your YouTube account, you enable YouTube to assign your surfing behavior directly to your personal profile.

You can prevent this by logging out of your YouTube account. The use of YouTube is in the interest of an appealing presentation of our online offers. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TDDDG, insofar as the consent includes the storage of cookies or access to information in the user’s terminal device (e.g. device fingerprinting) within the meaning of the TDDDG. Consent can be revoked at any time. Further information on the handling of user data can be found in YouTube’s privacy policy at: https://policies.google.com/privacy?hl=de. The company is certified in accordance with the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the USA that is intended to ensure compliance with European data protection standards for data processing in the USA. Every company certified under the DPF undertakes to comply with these data protection standards.

Further information on this can be obtained from the provider at the following link: https://www.dataprivacyframework.gov/participant/5780.

Source: https://www.e-recht24.de