Data protection

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We are very pleased about your interest in our company. Data protection is of a particularly high priority for the management of STUDIO GELATO - STRATEGIE & KOMMUNIKATION GmbH. The use of the Internet pages of the STUDIO GELATO - STRATEGIE & KOMMUNIKATION GmbH is possible without any indication of personal data. However, if a data subject wants to use special services of our enterprise via our website, processing of personal data could become necessary. If processing of personal data is necessary and there is no legal basis for such processing, we will 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 STUDIO GELATO - STRATEGIE & KOMMUNIKATION GmbH. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration.

As the controller, the STUDIO GELATO - STRATEGIE & KOMMUNIKATION GmbH has implemented numerous technical and organisational 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 transmit personal data to us by alternative means, for example by telephone.

1. definitions

The data protection declaration of STUDIO GELATO - STRATEGIE & KOMMUNIKATION GmbH is based on the terms used by the European Directive and Ordinance Maker when issuing the Data Protection Regulation (DS-GVO). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

We use the following terms, among others, in this privacy policy:

  • (a) personal data

    Personal data means any information relating to an identified or identifiable natural person (hereinafter "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 factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

  • (b) person concerned

    Data subject means any identified or identifiable natural person whose personal data are processed by the controller.

  • c) Processing

    Processing is any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, 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 limiting their future processing.

  • e) Profiling

    Profiling is any form of automated processing of personal data which consists in using 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, location or change of location.

  • 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 processing

    The controller or person responsible for processing 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. 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 under Union or Member State law.

  • (h) Processors

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

  • i) Recipient

    A recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients.

  • j) Third party

    Third party means a natural or legal person, public authority, agency or other 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 the processor.

  • k) Consent

    Consent shall mean any freely given specific and informed indication of the data subject's wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.

2. the name and address of the controller

The responsible party within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:

STUDIO GELATO - STRATEGIE & KOMMUNIKATION GmbH
Managing Directors: Jonathan Benninghaus & Max Laufer
Am Wäldchen 18
51469 Bergisch Gladbach
Germany

Tel.: +49 (0) 2202 1860582‬
E-Mail: ciao@studio-gelato.de

3. collection of general data and information

The website of the STUDIO GELATO - STRATEGIE & KOMMUNIKATION GmbH collects a series of general data and information whenever a data subject or automated system calls up the website. This general data and information is stored in the log files of the server. The following data may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our 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 that serve to avert danger in the event of attacks on our information technology systems.

When using these general data and information, the STUDIO GELATO - STRATEGIE & KOMMUNIKATION GmbH does not draw any conclusions about the data subject. Rather, this information is needed (1) to deliver the contents of our website correctly, (2) to optimise the contents of our website and the advertising for these, (3) to ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. Therefore, the STUDIO GELATO - STRATEGIE & KOMMUNIKATION GmbH analyzes anonymously collected data and information on one hand for statistical purposes and on the other hand for the purpose of increasing the data protection and data security of our enterprise, and ultimately ensuring an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.

4. routine deletion and blocking of personal data

The controller shall process and store personal data of the data subject only for the time necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or other 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 Directive and Regulation or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

5. rights of the data subject

  • a) Right to confirmation

    Every data subject shall have the right, granted by the European Directive and the Regulation, to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right, he or she may, at any time, contact any employee of the controller.

  • b) Right to information

    Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain from the controller, at any time and free of charge, information about the personal data stored about him or her and a copy of that information. Furthermore, the European Directive and Regulation has granted the data subject access to the following information:
    the processing purposes
    the categories of personal data that are processed 
    the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organisationsif possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration the existence of a right to obtain the rectification or erasure of personal data concerning them or to obtain the 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, pursuant to Article 22(1) and (4) of the 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 Furthermore, the data subject has the right to be informed 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 on the appropriate safeguards in connection with the transfer.

    If a data subject wishes to exercise this right of access, he or she may, at any time, contact any employee of the controller.

  • c) Right of rectification

    Any person concerned by the processing of personal data shall have the right granted by the European Directive and the Regulation to obtain the rectification without delay of inaccurate personal data relating to 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 of rectification, he or she may, at any time, contact any employee of the controller.

  • d) Right to erasure (right to be forgotten)

    Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is not necessary:
    The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
    The data subject revokes the 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 personal data was collected in relation to information society services offered pursuant to Art. 8(1) DS-GVO.

    If one of the aforementioned reasons applies, and a data subject wishes to arrange for the deletion of personal data stored by the STUDIO GELATO - STRATEGIE & KOMMUNIKATION GmbH, he or she may, at any time, contact any employee of the controller. The employee of the STUDIO GELATO - STRATEGIE & KOMMUNIKATION GmbH will arrange for the deletion request to be complied with immediately.

    If the personal data has been made public by STUDIO GELATO - STRATEGIE & KOMMUNIKATION GmbH and if our company as the responsible party is obliged pursuant to Art. 17 Para. 1 DS-GVO, STUDIO GELATO - STRATEGIE & KOMMUNIKATION GmbH shall implement reasonable measures, including technical measures, to compensate other data controllers for processing published personal data, taking into account the available technology and the cost of implementation, in order to inform the data subject that he or she has requested from those other data controllers the erasure of all links to the personal data or to copies or replications of the personal data, unless the processing is necessary. The employee of the STUDIO GELATO - STRATEGIE & KOMMUNIKATION GmbH will arrange the necessary in individual cases.

  • The deletion of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.

  • e) Right to restriction of processing

    Any person concerned by the processing of personal data has the right, granted by the European Directive and the Regulation, to obtain from the controller the restriction of processing where one of the following conditions is met:
    The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.

    If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by the STUDIO GELATO - STRATEGIE & KOMMUNIKATION GmbH, he or she may, at any time, contact any employee of the controller. The employee of the STUDIO GELATO - STRATEGIE & KOMMUNIKATION GmbH will arrange the restriction of the processing.

  • 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.

  • The controller no longer needs the personal data for the purposes of processing, but the data subject needs it for the establishment, exercise or defence of legal claims.

  • The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.

  • f) Right to data portability

    Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, to receive the personal data concerning him or her, which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. The data subject shall also have the right to transmit such data to another controller without hindrance from the controller to whom 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 the processing is carried out by automated means, unless the 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.

    Furthermore, when exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to obtain that the personal data be transferred directly from one controller to another controller, to the extent that this is technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals.

    In order to assert the right to data portability, the data subject may at any time contact any employee of the STUDIO GELATO - STRATEGIE & KOMMUNIKATION GmbH.

  • g) Right of objection

    Any person affected by the processing of personal data shall have the right granted by the European Directive and Regulation to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.

    The STUDIO GELATO - STRATEGIE & KOMMUNIKATION GmbH 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 assertion, exercise or defence of legal claims.

    If the STUDIO GELATO - STRATEGIE & KOMMUNIKATION GmbH processes personal data for the purpose of direct marketing, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to the profiling, insofar as it is related to such direct marketing. If the data subject objects to the STUDIO GELATO - STRATEGIE & KOMMUNIKATION GmbH to the processing for direct marketing purposes, the STUDIO GELATO - STRATEGIE & KOMMUNIKATION GmbH 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 which is carried out by the STUDIO GELATO - STRATEGIE & KOMMUNIKATION GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89 (1) of the Data Protection Act (DS-GVO), unless the processing is necessary for the performance of a task carried out in the public interest.

    In order to exercise the right to object, the data subject may directly contact any employee of the STUDIO GELATO - STRATEGIE & KOMMUNIKATION GmbH or another employee. The data subject is also free to exercise his/her right to object in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

  • h) Automated decisions in individual cases including profiling

    Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, 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 entering into, or the performance of, a contract between the data subject and the controller, or (2) is authorised by Union or Member State law to which the controller is subject and that such law lays down appropriate measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is made 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 the data controller, or (2) it is made with the data subject's explicit consent, the STUDIO GELATO - STRATEGIE & KOMMUNIKATION GmbH shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, which include at least the right to object to being contacted by the data subject, to express his or her point of view and to contest the decision.

    If the data subject wishes to exercise the rights concerning automated decisions, 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 withdraw 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.

6. legal basis of the processing

Article 6 I lit. a DS-GVO serves as the legal basis for our company 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 Article 6 I lit. b DS-GVO. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in the case of enquiries about our products or services. If our company is subject to a legal obligation by which the processing of personal data becomes necessary, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data might become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO. Finally, processing operations could be based on Art. 6 I lit. f DS-GVO. 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 protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. We are permitted to carry out such processing operations in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, sentence 2 of the GDPR).

7. 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 DS-GVO, our legitimate interest is the performance of our business activities for the benefit of the well-being of all our employees and our shareholders.

8. duration for which the personal data are stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted if it is no longer required for the fulfilment or initiation of the contract.

9. legal or contractual requirements to provide the personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision

Jonathan Benninghaus, Max Laufer

9. legal or contractual requirements to provide the 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 would like to inform you that the provision of personal data is sometimes required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the 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 the consequences of not providing the personal data would be.

10. existence of automated decision making

As a responsible company, we do not use 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 is the External Data Protection Officer Essen is active in cooperation with the Data protection lawyers of the law firm WILDE BEUGER SOLMECKE | Rechtsanwälte created.

11. Cookies

Zur Verwaltung der eingesetzten Cookies und ähnlichen Technologien (Tracking-Pixel, Web-Beacons etc.) und diesbezüglicher Einwilligungen setzen wir das Consent Tool „Real Cookie Banner“ ein. Details zur Funktionsweise von „Real Cookie Banner“ findest du unter <a href="/en/“https://devowl.io/de/rcb/datenverarbeitung/“/" rel="“noreferrer“" target="“_blank“">https://devowl.io/de/rcb/datenverarbeitung/</a>.

 

The legal basis for the processing of personal data in this context is Art. 6 para. 1 lit. c GDPR and Art. 6 para. 1 lit. f GDPR. Our legitimate interest is the management of the cookies and similar technologies used and the related consents.

 

The provision of personal data is neither contractually required nor necessary for the conclusion of a contract. You are not obliged to provide the personal data. If you do not provide the personal data, we will not be able to manage your consents.

 

STUDIO GELATO –
STRATEGIE & KOMMUNIKATION GmbH

  • ciao@studio-gelato.de
  • +49 (0) 2202 1860582
  • Bergisch Gladbach, Germany

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