Datenschutz – MARCUS J. GRAUER

Privacy Policy

This privacy policy explains how, to which extent and what purpose we process personal data on our online presence, i.e. the website and social media profile. Regarding terminology used we refer to the definitions of Article 4 of the General Data Protection Regulation (GDPR).

Party responsible for this website

Marcus J. Grauer
Erich-Weinert-Strasse 37
10439 Berlin Germany

Phone: +49 30 – 40 05 77 10
Fax: +49 30 80 95 01 89
email

Types of data processed:

- Inventory data (e.g., names, addresses)
- Contact details (e.g., e-mail, telephone numbers)
- Content data (e.g., text entries, photographs, videos)
- Usage data (e.g., websites visited, interest in content, access time)
- Meta/communication data (e.g., device information, IP addresses)

Categories of data subjects

Visitors and users of the online services (in the following collectively referred to as “users”).

Purpose of processing

- Provision of online service, its functions and content
- Responding to contact requests and communication with users
- Security measures
- Reach measurement and marketing

Terms used

“Personal data” refers to any information relating to an identified or identifiable natural person (hereinafter referred to as “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 (e.g. a cookie) or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Processing” means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and covers practically all types of handling data.

“Pseudonymization” means the processing of personal data in such a way that the personal data cannot be related to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures which ensure that the personal data is not attributed to an identified or identifiable natural person.

“Profiling” means any automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular with a view to analyzing or predicting aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, conduct, location or movement of that natural person.

“Party responsible” means the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data.

“Processor” means any natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Relevant legal bases

In accordance with Art. 13 GDPR, we inform you of the legal basis of our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: the legal basis for obtaining consent is Art. 6, paragraph 1 lit. a and Art. 7 GDPR, the legal basis for processing for the purpose of fulfilling our services and implementing contractual measures and answering enquiries is Art. 6 paragraph 1 lit. b GDPR, the legal basis for processing for the purpose of fulfilling our legal obligations is Art. 6 paragraph 1 lit. c GDPR, and the legal basis for processing for the purpose of safeguarding our legitimate interests is Art. 6 paragraph 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person make it necessary to process personal data, Article 6 paragraph 1 lit. d GDPR serves as the legal basis.

Security measures

In accordance with Art. 32 GDPR and taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the varying probability of occurrence and severity of the risk to the rights and freedoms of natural persons, we take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk.

These measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access, input, disclosure, safeguarding of availability and segregation of corresponding data. Furthermore, we have established procedures to ensure that data subjects’ rights are exercised, data is deleted, and we respond to data threats. In addition, we take the protection of personal data into account as early as the development of selection of hardware, software and processes, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 GDPR).

Cooperation with contract processors and third parties

If – in the course of our processing – we disclose data to other persons and companies (contract processors or third parties), transfer it to them or otherwise grant them access to the data, this is only done on the basis of legal authorization (e.g., if the data must be transferred to third parties, such as payment service providers, in accordance with Art. 6 Paragraph 1, lit. b GDPR to fulfill the contract), if you have given your consent, if a legal obligation provides for this or on the basis of our legitimate interests (e.g., when using agents, web hosters, etc.).

Commissioning third parties to process data on the basis of a so-called "order processing agreement" is done based on the stipulations of Article 28 GDPR.

Transfers to third countries

If we process data in a third country (i.e. outside of the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using the services of third parties or disclosure or transfer of data to third parties, this will only take place if it is done to fulfill our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or store data in a third country only if the special requirements of Art. 44 ff. GDPR apply. In other words, processing is carried out on the basis of specific guarantees, such as the officially recognized establishment of a level of data protection equivalent to that in the EU (e.g. for the US through the Privacy Shield) or compliance with officially recognized specific contractual obligations (so-called ‘standard contractual clauses’).

Rights of data subjects

You have the right to request confirmation as to whether or not data in question is being processed and to obtain information about this data and to receive further information and a copy of the data in accordance with Art. 15 GDPR.
Pursuant to Art. 16 GDPR, you have the right to request the completion of data concerning you or the correction of incorrect data concerning you.
In accordance with Art. 17 GDPR, you have the right to demand that the data in question be deleted immediately, or alternatively, in accordance with Art. 18 GDPR, to demand a restriction of the processing of the data.
You have the right to request that the data concerning you which you have provided us with be made available to us in accordance with Art. 20 GDPR and to demand that it be passed on to other persons responsible.
Furthermore, under Art. 77 GDPR, they have the right to lodge a complaint with the competent supervisory authority.

Right of revocation

You have the right to revoke consent granted in accordance with Art. 7, Paragraph 3 GDPR with future effect.

Right of objection

You can object to the future processing of data concerning you at any time in accordance with Art. 21 GDPR. The objection may be made in particular against processing for the purposes of direct marketing.

Cookies and right of objection for direct mail

Cookies are small files that are stored on the user’s computer. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online service and closes their browser. In such a cookie, for example, the contents of a shopping cart in an online shop or a login status can be stored. Cookies are described as “permanent” or “persistent” if they remain stored even after the browser is closed. For example, the login status can be saved if users visit the site again after several days. Similarly, the interests of users may be stored in such a cookie, which is used for reach measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the person responsible for operating the online service (otherwise, if they are only their cookies, they are called “first-party cookies”).

We may use temporary and permanent cookies and explain this in our privacy policy.

If users do not want cookies to be stored on their computer, they are asked to de-activate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional limitations of this online service.

A general objection to the use of cookies used for online marketing purposes can be declared for many of the services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/ . Furthermore, the storage of cookies can be achieved by deactivating them in the browser settings. Please note that following a deactivation, some functions of this online service might no longer be used.

Deletion of data

The data processed by us will be deleted or restricted in their processing in accordance with articles 17 and 18 GDPR. Unless expressly stated in the data protection regulation, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and no legal obligations to retain data conflict with the deletion. Unless the data are deleted because they are required for other and legally permissible purposes, their processing is restricted. This means that the data is blocked and not processed for other purposes. This applies, e.g., to data that must be stored for reasons of commercial or tax law.

According to the legal requirements in Germany, the storage takes place for 10 years pursuant to §§ 147 para. 1 AO, 257 para. 1 No. 1 and 4, para. 4 German Commercial Code HGB (books, records, management reports, accounting vouchers, commercial books, documents relevant for taxation, etc.) and 6 years pursuant to § 257 para. 1 No. 2 and 3, para. 4 German Commercial Code HGB (commercial letters).

According to legal requirements in Austria, the storage is carried out in particular for 7 years pursuant to § 132 para. 1 BAO (accounting documents, vouchers/invoices, accounts, vouchers, business documents, statement of income and expenditure, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services which are provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.

Administration, financial accounting, office organization, contact management

We process data within the framework of administrative tasks as well as the organization of our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process within the scope of providing our contractual services. The processing bases are Art. 6 (1) (c) GDPR, Art. 6 para. 1 lit. f. GDPR. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose of and our interest in processing lies in the administration, financial accounting, office organization, archiving of data, i.e. tasks that serve to maintain our business activities, perform our duties and provide our services. The erasure of the data in relation to contractual services and contractual communication is in accordance with the information mentioned in these processing activities.

In doing so, we disclose or transmit data to the tax authorities, consultants, such as tax advisors or auditors, as well as other fee earners and payment service providers.

Furthermore, we store information on suppliers, event organizers and other business partners on the basis of our business interests, e.g., for the purpose of contacting them at a later date. We store this data, which is mostly company-related, permanently.

Hosting and e-mailing

We, or our hosting provider, on the basis of our legitimate interests as defined in Art. 6 para. 1 lit. f GDPR, collect data about every access to the server on which this service is located (so-called server log files). The access data includes the name of the accessed website, file, date and time of access, transferred data volume, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited site), IP address and the requesting provider.

Log file information is stored for security reasons (e.g. for the investigation of abuse or fraud) for a maximum of 7 days and then deleted. Data whose further storage is required for evidential purposes are excluded from deletion until the respective incident has been finally clarified.

Collection of access data and log files

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