Privacy Policy
Foreword
I take the protection of your personal data seriously and would like to take this opportunity to inform you about data protection.
As part of my data protection responsibilities, the entry into force of the EU General Data Protection Regulation (Regulation (EU) 2016/679; hereinafter: “GDPR”) to ensure the protection of personal data of the data subject (hereinafter also referred to as “user,” “you,” or “data subject”).
Insofar as I decide, either alone or jointly with others, on the purposes and means of data processing, this includes, in particular, the obligation to inform you transparently about the nature, scope, purpose, duration, and legal basis of the processing (cf. Articles 13 and 14 GDPR). With this statement (hereinafter: “Privacy Policy”), I am informing you about how I process your personal data.
My data protection information is structured in a modular fashion. It consists of a general section for all processing of personal data and processing situations that apply each time a website is accessed (A. General) and a specific section, the content of which refers only to the processing situation specified there with the name of the respective offer or product, in particular the visit to websites, which is described in more detail here (B. Visiting websites).
Part A. General
(1) Definitions
Based on Art. 4 GDPR, this privacy policy is based on the following definitions:
– “Personal data” (Art. 4 No. 1 GDPR) is any information relating to an identified or identifiable natural person (“data subject”). A person is identifiable if they can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, an online identifier, location data, or by reference to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. Identifiability may also be achieved by linking such information or other additional knowledge. The origin, form, or embodiment of the information is irrelevant (photos, video, or audio recordings may also contain personal data).
– “Processing” (Art. 4 No. 2 GDPR) is any operation involving personal data, whether or not with the aid of automated (i.e., technology-based) procedures. This includes, in particular, the collection (i.e., procurement), recording, organizing, structuring, storing, adapting or altering, retrieving, consulting, using, disclosing by transmission, disseminating or otherwise making available, aligning, combining, restricting, erasing or destroying personal data, as well as changing the original purpose or purpose for which the data was processed.
– “Controller” (Art. 4 No. 7 GDPR) is the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
– “Third party” (Art. 4 No. 10 GDPR) is any natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or processor, are authorized to process personal data; this also includes other legal entities belonging to the group.
– “Processor” (Art. 4 No. 8 GDPR) is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller, in particular in accordance with its instructions (e.g. IT service providers). In terms of data protection law, a processor is not a third party.
- “Consent” (Art. 4 No. 11 GDPR) of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
(2) Name and address of the controller
I am the controller responsible for the processing of your personal data within the meaning of Art. 4 No. 7 GDPR.
Bernd Wagner
Am Holtkebach 1a
48720 Rosendahl
Germany
(3) Legal basis for data processing
By law, any processing of personal data is prohibited in principle and is only permitted if the data processing falls under one of the following justifications:
– Art. 6 (1) (a) GDPR (“Consent”): Where the data subject has voluntarily, in an informed manner and unambiguously indicated by means of a statement or other unequivocal affirmative action that he or she consents to the processing of personal data relating to him or her for one or more specific purposes;
– Art. 6 (1) (b) GDPR: If processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
– Art. 6 (1) (c) GDPR: If processing is necessary for compliance with a legal obligation to which the controller is subject (e.g., a statutory retention obligation);
– Art. 6 (1) (d) GDPR: If processing is necessary to protect the vital interests of the data subject or another natural person;
– Art. 6 (1) (e) GDPR: If processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; or
– Art. 6 (1) (f) GDPR (“legitimate interests”): If processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which are likely to result in the personal data being erased or restricted (in particular where the data subject is a child).
I will indicate the applicable legal basis for each of the processing operations I carry out below. Processing may also be based on several legal bases.
(4) Data deletion and storage period
For the processing operations I carry out, I specify below how long the data will be stored by me and when it will be deleted or blocked. Unless an explicit storage period is specified below, your personal data will be deleted or blocked as soon as the purpose or legal basis for storage no longer applies. Your data will only be stored on servers in Germany.
However, storage may continue beyond the specified period in the event of an (imminent) legal dispute with you or other legal proceedings, or if storage is required by legal regulations to which I am subject as the controller (e.g., Section 257 of the German Commercial Code (HGB), Section 147 of the German Fiscal Code (AO)).
When the storage period prescribed by the legal regulations expires, the personal data will be blocked or deleted, unless further storage by me is necessary and there is a legal basis for this.
(5) Data security
I use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction, or unauthorized access by third parties (e.g., SSL encryption for my website), taking into account the state of the art, implementation costs, and the nature, scope, context, and purpose of processing, as well as the existing risks of a data breach (including its likelihood and impact) for the data subject. My security measures are continuously improved in line with technological developments.
(6) Legal obligation to transfer certain data
Under certain circumstances, I may be subject to a specific legal or regulatory obligation to provide lawfully processed personal data to third parties, in particular public authorities (Art. 6 (1) (c) GDPR).
(7) Your rights
You can assert your rights as a data subject with regard to your processed personal data at any time by contacting me using the contact details provided in section A.(2) above. As a data subject, you have the right:
– to request information about your data processed by me in accordance with Art. 15 GDPR. In particular, you may request information about the purposes of processing, the category of data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, deletion, restriction of processing or objection, the existence of a right of appeal, the origin of your data, if it was not collected by me, and the existence of automated decision-making, including profiling and, if applicable, meaningful information about its details;
– to request the immediate correction of inaccurate data or the completion of your data stored by me in accordance with Art. 16 GDPR;
– to request the erasure of your data stored by me in accordance with Art. 17 GDPR, unless the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise, or defense of legal claims;
– to request the restriction of the processing of your data in accordance with Art. 18 GDPR, unless the accuracy of the data is disputed by you or the processing is unlawful;
– pursuant to Art. 20 GDPR, to receive your data that you have provided to me in a structured, commonly used and machine-readable format or to request its transfer to another controller (“data portability”);
– to object to the processing pursuant to Art. 21 GDPR, provided that the processing is based on Art. 6 (1) (e) or (f) GDPR. This is particularly the case if the processing is not necessary for the performance of a contract with you. Unless it is an objection to direct marketing, I ask that you explain the reasons why I should not process your data as I have done when exercising such an objection. In the event of your justified objection, I will examine the situation and either stop or adapt the data processing or point out to you our compelling legitimate grounds on the basis of which we will continue the processing;
– in accordance with Art. 7 (3) GDPR, your consent once given (even before the GDPR came into force, i.e. before May 25, 2018) – i.e. your voluntary, informed, and unambiguous declaration of intent, made clear through a statement or other unequivocal affirmative action, that you consent to the processing of the personal data concerned for one or more specific purposes – at any time, if
you have given such consent. As a result, I will no longer be allowed to continue processing the data based on this consent in the future, and
– in accordance with Art. 77 GDPR, to lodge a complaint with a data protection supervisory authority about the processing of your personal data, for example with the data protection supervisory authority responsible for me: [State Commissioner for Data Protection and Freedom of Information North Rhine-Westphalia, P.O. Box 20 04 44, 40102 Düsseldorf, Tel.: 0211/38424-0, Fax: 0211/38424-999, E-mail: poststelle@ldi.nrw.de
(8) Changes to the privacy policy
In line with developments in data protection law and technological or organizational changes, my privacy policy is regularly reviewed to determine whether it needs to be amended or supplemented. You will be informed of any changes in particular on my German website at walter-ruett.de. This privacy policy is current as of July 2021.
Part B. Visiting website(s)
(1) Explanation of the function
Information about me and the services I offer can be found in particular at walter-ruett.de and the associated subpages (hereinafter collectively referred to as “websites”). When you visit my website(s), your personal data may be processed.
(2) Processed personal data
When you use the websites for informational purposes, I collect, store, and process the following categories of personal data:
“Log data”: When you visit my website(s), a so-called log data record (so-called server log files) is stored temporarily and anonymously on the web server. This consists of:
– the page from which the page was requested (so-called referrer URL)
– the name and URL of the requested page
– the date and time of the request
– a description of the type, language, and version of the web browser used
– the IP address of the requesting computer, which is shortened so that it can no longer be traced back to a specific person
– the amount of data transferred
– the operating system
– a message indicating whether the request was successful (access status/HTTP status code)
– the GMT time zone difference
Since I use the web host Strato, I will also disclose what data I inevitably collect from my website visitors and why:
Customer domain
Anonymized client IP
Time stamp
Request line
Status code
Size of the response body
Referrer sent by the client
User agent sent by the client
Remote user
(3) Purpose and legal basis of data processing
I process the personal data specified above in accordance with the provisions of the GDPR, other relevant data protection regulations, and only to the extent necessary. Insofar as the processing of personal data is based on Art. 6 (1) (f) GDPR, the purposes mentioned also represent my legitimate interests.
The processing of log data [see (2) above] serves statistical purposes and the improvement of the quality of my website, in particular the stability and security of the connection (the legal basis is Art. 6 (1) (f) GDPR).
(4) Duration of data processing
Your data will only be processed for as long as is necessary to achieve the above-mentioned processing purposes; the legal bases specified in the context of the processing purposes apply accordingly. With regard to the use and storage period of cookies, please refer to point A.(6).
Third parties employed by me will store your data on their system for as long as is necessary in connection with the provision of services for me in accordance with the respective order.
For more information on the storage period, please refer to A.(5) + (6).
(5) Transfer of personal data to third parties; legal basis
The following categories of recipients, which are usually processors, may have access to your personal data:– Service providers for the operation of my website and the processing of data stored or transmitted by the systems (e.g., for data center services, payment processing, IT security). The legal basis for the transfer is then Art. 6 (1) (b) or (f) GDPR, insofar as they are not processors;
– Government agencies/authorities, insofar as this is necessary to fulfill a legal obligation. The legal basis for the transfer is then Art. 6 (1) (c) GDPR;
Furthermore, I will only disclose your personal data to third parties if you have given your express consent in accordance with Art. 6 (1) (a) GDPR.
(6) Use of cookies, plugins, and other services on my website
I use cookies on my websites. Cookies are small text files that are assigned to and stored on your hard drive by the browser you are using via a characteristic string of characters, and through which certain information flows to the entity that sets the cookie. Cookies cannot execute programs or transfer viruses to your computer and therefore cannot cause any damage. They serve to make the Internet offering more user-friendly and effective overall, i.e., more pleasant for you.
Cookies may contain data that enables the device used to be recognized. In some cases, however, cookies only contain information about certain settings that are not personally identifiable. Cookies cannot directly identify a user.
A distinction is made between session cookies, which are deleted as soon as you close your browser, and permanent cookies, which are stored beyond the individual session. In terms of their function, cookies are divided into:
– Technical cookies: These are essential for navigating the website, using basic functions, and ensuring the security of the website. they do not collect information about you for marketing purposes, nor do they store which websites you have visited;
– Performance cookies: These collect information about how you use my website, which pages you visit, and, for example, whether errors occur when using the website; they do not collect any information that could identify you – all information collected is anonymous and is only used to improve my website and find out what interests my users;
Any use of cookies that is not technically necessary constitutes data processing, which is only permitted with your express and active consent in accordance with Art. 6 (1) (a) GDPR. This applies in particular to the use of advertising, targeting, or sharing cookies. Furthermore, I will only pass on your personal data processed by cookies to third parties if you have given your express consent in accordance with Art. 6 (1) (a) GDPR.
Note: The German version of this privacy policy was created by attorney Dr. Aljoscha Winkelmann (Münster) and translated into English using the translation program “DeepL”.