I. Name and address of the person responsible
The person 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 is:
Thomas Schultheis
Schuelersmuehle 1
54497 Morbach
06533-958587
info@capitalmill.de
www.capitalmill.de
II. Name and address of the data protection officer
The data protection officer of the person responsible is:
Thomas Schultheis
Schülersmühle 1
54497 Morbach
06533-958587
info@capitalmill.de
www.capitalmill.de
III. General information about data processing
- Scope of processing personal data
We only process personal data of our users as far as this is necessary to provide a functional website as well as 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 cases in which prior consent cannot be obtained for factual reasons and the processing of the data is permitted by law.
- Legal basis for the processing of personal data
Insofar as we obtain the data subject’s consent for the processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) as the legal basis.
When processing personal data, which is necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR as the legal basis. 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, Art. 6 Para. 1 lit. c GDPR as the legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
If processing is necessary to safeguard the legitimate interests of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 para. 1 lit. f GDPR as the legal basis for processing.
- Data deletion and storage duration
The personal data of the data subject 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 in order to conclude or fulfill a contract.
IV. Provision of the website and creation of log files
- Description and scope of data processing
Each time our website is accessed, our system automatically records data and information from the computer system of the accessing computer.
The following data is collected:
- Information about the browser type and the version used
- The user’s operating system
- The user’s Internet service provider
- The user’s IP address
- Date and time of access
- Websites from which the user’s system reaches our website
- Websites that are accessed by the user’s system via our website
The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.
- Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6 Para. 1 lit. f GDPR.
- Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. To do this, the user’s IP address must remain stored for the duration of the session.
The log files are saved to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. The data is not evaluated for marketing purposes in this context.
Our legitimate interest in data processing in accordance with Art. 6 Para. 1 lit. f GDPR.
- Duration of storage
The data will be deleted as soon as it is no longer required to achieve the purpose for which it was 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.
If the data is stored in log files, this is the case after seven days at the latest. Further storage is possible. In this case, the IP addresses of the users are deleted or alienated, so that it is no longer possible to assign the calling client.
- Opposition and removal options
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. There is consequently no possibility for the user to object.
V. Use of cookies
a) Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user’s computer system. If a user calls up a website, a cookie can be saved on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be clearly identified when the website is called up again.
We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.
The following data is stored and transmitted in the cookies:
- Language settings
- Items in a shopping cart
- log-in information
We also use cookies on our website that enable an analysis of the surfing behavior of users.
The following data can be transmitted in this way:
- Entered search terms
- Frequency of page views
- Use of website functions
The user data collected in this way is pseudonymized using technical measures. It is therefore no longer possible to assign the data to the accessing user. The data is not stored together with other personal data of the users.
When our website is called up, an information banner informs users about the use of cookies for analysis purposes and refers them to this data protection declaration. In this context, there is also a note on how the storage of cookies can be prevented in the browser settings.
When accessing our website, the user is informed about the use of cookies for analysis purposes and his consent to the processing of the personal data used in this context is obtained. In this context, there is also a reference to this data protection declaration.
b) Legal basis for data processing
The legal basis for the processing of personal data using cookies is Art. 6 Para. 1 lit. f GDPR.
c) Purpose of data processing
The purpose of using technically necessary cookies is to simplify the use of websites for the users. Some functions of our website cannot be offered without the use of cookies. For this it is necessary that the browser is recognized even after a page change.
We need cookies for the following applications:
- Shopping cart
- Acceptance of language settings
- Remembering search terms
The user data collected through technically necessary cookies are not used to create user profiles.
The analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies we learn how the website is used and can thus continuously optimize our offer.
Our legitimate interest in the processing of personal data in accordance with Art. 6 Para. 1 lit. f GDPR.
d) Duration of storage, objection and removal options
Cookies are stored on the user’s computer and transmitted from there to our website. As a user, you therefore have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may not be possible to use all functions of the website to their full extent.
The transmission of flash cookies cannot be prevented via the settings of the browser, but by changing the settings of the flash player.
VI. Newsletter
- Description and scope of data processing
You can subscribe to a free newsletter on our website. When registering for the newsletter, the data from the input mask are transmitted to us.
The following data is also collected when you register:
- IP address of the calling computer
- Date and time of registration
For the processing of the data, your consent is obtained during the registration process and reference is made to this data protection declaration.
In connection with data processing for the sending of newsletters, the data is not passed on to third parties. The data will only be used to send the newsletter.
- Legal basis for data processing
The legal basis for the processing of the data after registration for the newsletter by the user is Art. 6 Para. 1 lit. a GDPR.
- Purpose of data processing
The collection of the user’s email address serves to deliver the newsletter.
The collection of other personal data as part of the registration process serves to prevent misuse of the services or the email address used.
- Duration of storage
The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. The user’s email address is therefore stored for as long as the subscription to the newsletter is active.
The other personal data collected during the registration process is usually deleted after a period of seven days.
- Opposition and removal options
The affected user can cancel the subscription to the newsletter at any time. For this purpose there is a corresponding link in every newsletter.
This also enables a revocation of the consent to the storage of the personal data collected during the registration process.
VII. Registration
- Description and scope of data processing
On our website we offer users the opportunity to register by providing personal data. The data is entered in an input mask and transmitted to us and saved. A transfer of data to third parties does not take place. The following data is collected as part of the registration process:
The following data is also stored at the time of registration:
- The user’s IP address
- Date and time of registration
As part of the registration process, the user’s consent to the processing of this data is obtained.
- Legal basis for data processing
The legal basis for the processing of the data is Art. 6 Para. 1 lit. a GDPR.
If the registration serves the fulfillment of a contract to which the user is a party or the implementation of pre-contractual measures, the additional legal basis for the processing of the data is Art. 6 Para. 1 lit. b GDPR.
- Purpose of data processing
Registration of the user is required to make certain content and services available on our website.
- Duration of storage
The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected.
This is the case for the data collected during the registration process if the registration on our website is canceled or changed.
- Opposition and removal options
As a user, you have the option to cancel the registration at any time. You can change the data stored about you at any time.
VIII. Contact form and email contact
- Description and scope of data processing
There is a contact form on our website that can be used to contact us electronically. If a user makes use of this option, the data entered in the input mask will be transmitted to us and saved. These data are:
When the message is sent, the following data is also saved:
- The user’s IP address
- Date and time of registration
Your consent to the processing of the data is obtained as part of the sending process and reference is made to this data protection declaration.
Alternatively, you can contact us via the email address provided. In this case, the user’s personal data transmitted with the email will be saved.
In this context, the data is not passed on to third parties. The data will only be used to process the conversation.
- Legal basis for data processing
The legal basis for the processing of the data is Art. 6 Para. 1 lit. a GDPR.
The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 Para. 1 lit. f GDPR. If the email contact is aimed at the conclusion of a contract, then an additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.
- Purpose of data processing
The processing of personal data from the input mask serves us only to process the contact. If you contact us by email, this is also the necessary legitimate interest in the processing of the data.
The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.
- Duration of storage
The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those that were sent by email, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been finally clarified.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
- Opposition and removal options
The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot continue.
In this case, all personal data saved in the course of contacting us will be deleted.
IX. Rights of the data subject
If personal data is processed by you, you are the person concerned in the sense of GDPR and you have the following rights vis-à-vis the person responsible:
- Right to information
You can request confirmation from the controller as to whether personal data concerning you will be processed by us.
If such processing is available, you can request the following information from the person responsible:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data that are processed;
(3) the recipients or the categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the planned duration of the storage of your personal data or, if specific information is not possible, criteria for determining the storage period;
(5) the existence of a right to correction or deletion of your personal data, a right to restriction of processing by the person responsible or a right to object to this processing;
(6) the right to lodge a complaint with a supervisory authority;
(7) all available information about the origin of the data if the personal data is not collected from the data subject;
(8) the existence of automated decision-making, including profiling, in accordance with Art. 22 Para. 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 the personal data relating to you are transferred to a third country or to an international organization. In this context, you can request information about the appropriate guarantees in accordance with Art. 46 GDPR to be informed in connection with the transmission.
This right to information can be limited insofar as it is likely to make the achievement of research or statistical purposes impossible or seriously impaired and the restriction is necessary for the fulfillment of the research or statistical purposes.
- Right to rectification
You have the right to correction and / or completion vis-à-vis the person responsible if the processed personal data that concern you are incorrect or incomplete. The person responsible must make the correction immediately.
Your right to rectification may be limited to the extent that it is likely to make the achievement of the research or statistical purposes impossible or seriously impaired and the restriction is necessary for the fulfillment of the research or statistical purposes.
- Right to restriction of processing
You can request that the processing of your personal data be restricted under the following conditions:
(1) if you contest the accuracy of your personal data for a period that enables the person responsible to check the accuracy of the personal data;
(2) the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
(3) the person responsible no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or
(4) if you have objected to processing in accordance with Art. 21 Para. 1 GDPR and it is not yet certain whether the legitimate reasons of the person responsible outweigh your reasons.
If the processing of your personal data has been restricted, this data – apart from its storage – may only be obtained with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of important public interest the Union or a Member State.
If the restriction of processing according to the above You will be informed by the person responsible before the restriction is lifted.
Your right to restriction of processing may be limited insofar as it is likely to render the research or statistical purposes impossible or seriously impaired, and the restriction is necessary for the fulfillment of the research or statistical purposes.
- Right to deletion
a) Obligation to delete
You can request the data controller to delete your personal data immediately, and the data controller 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 in accordance with Art. 6 para. 1 lit. a or Art. 9 Para. 2 lit. a GDPR was based, and there is no other legal basis for the processing.
(3) According to Art. 21 para. 1 GDPR and there is no overriding legitimate reason for the processing, or you file an objection pursuant to Art. Art. 21 para. 2 GDPR to object to processing.
(4) The personal data concerning you have been unlawfully processed.
(5) The deletion of your personal data is necessary to fulfill a legal obligation under Union law or the law of the member states to which the controller is subject.
(6) The personal data concerning you were collected in relation to information society services offered in accordance with Article 8 (1) GDPR.
b) Information to third parties
If the person responsible has made your personal data public and is acc. Article 17 (1) GDPR obliges them to delete them, taking into account the available technology and the implementation costs, appropriate measures, including technical ones, to inform those responsible for data processing who process the personal data that you as the data subject Person has asked them to delete all links to this personal data or to copy or replicate this personal data.
c) Exceptions
The right to deletion does not exist if the processing is necessary
(1) to exercise the right to freedom of expression and information;
(2) to fulfill a legal obligation that requires processing in accordance with the law of the Union or the Member States to which the controller is subject, or to perform a task that is in the public interest or in the exercise of official authority that is transferred to the controller has been;
(3) for reasons of public interest in the area of public health in accordance with Art. 9 para. 2 lit. h and i and Art. 9 Para. 3 GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes acc. Art. 89 Para. 1 GDPR, insofar as the right mentioned in section a) is likely to make the achievement of the objectives of this processing impossible or seriously impair it, or
(5) to assert, exercise or defend legal claims.
- 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 towards the person responsible to be informed about these recipients.
- Right to data portability
You have the right to receive the personal data that you have provided to the person responsible in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data has been provided, provided that
(1) the processing is based on consent in accordance with Art. 6 para. 1 lit. a GDPR or Art. 9 Para. 2 lit. a GDPR or on a contract acc. Art. 6 para. 1 lit. b GDPR is based and
(2) the processing is carried out using automated processes.
In exercising this right, you also have the right to have your personal data transmitted directly from one controller to another, insofar as this is technically feasible. Freedoms and rights of other people may not be affected by this.
The right to data portability does not apply to the processing of personal data that is necessary for the performance of a task that is in the public interest or in the exercise of official authority that has been transferred to the person responsible.
- Right to object
You have the right, for reasons that arise from your particular situation, at any time against the processing of your personal data, which is based on Art. 6 Para. 1 lit. e or f GDPR occurs to file an objection; this also applies to profiling based on these provisions.
The controller will no longer process your personal data unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.
If the personal data concerning you are processed for direct marketing purposes, 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 connected to such direct advertising.
If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
Regardless of Directive 2002/58 / EC, you have the option of exercising your right to object in connection with the use of information society services using automated procedures that use technical specifications.
You also have the right, for reasons that arise from your particular situation, to process personal data relating to you for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 Para. 1 GDPR takes place to contradict this.
Your right to object may be restricted to the extent that it is likely to make the research or statistical purposes impossible or seriously impaired and the restriction is necessary for the fulfillment of the research or statistical purposes.
- Right to withdraw the declaration of consent under data protection law
You have the right to withdraw your declaration of consent under data protection law at any time. Withdrawing consent does not affect the lawfulness of processing based on consent before its withdrawal.
- Automated decision in individual cases including profiling
You have the right not to be subjected to a decision based solely on automated processing – including profiling – which has legal effect on you or similarly significantly affects you. This does not apply when making 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 legal provisions of the Union or the member states to which the controller is subject and these legal provisions contain appropriate measures to safeguard your rights and freedoms as well as your legitimate interests or
(3) with your express consent.
However, these decisions may not be based on special categories of personal data according to Art. 9 Para. 1 GDPR, unless Art. 9 Para. 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 mentioned in (1) and (3), the person responsible takes appropriate measures to safeguard your rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on the part of the person responsible, to express your own position and heard of contesting the decision.
- 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 residence, your place of work or the place of the alleged violation, if you believe that the processing of your personal data is against the GDPR violates.
The supervisory authority to which the complaint was submitted will inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy in accordance with Art. 78 GDPR.
(c) Prof. Dr. Thomas Hoeren
https://www.itm.nrw/lehre/materialien/musterdatenschutzerklaerung/