Data Protection Declaration in Accordance with the EU-DSGVO
I. Name and Address of the Responsible Party
The responsible party in accordance with the General Data Protection Regulation and the other national data protection laws of the member countries as well as other data protection law guidelines shall be:
MCO – Management Consulting Overesch
Inhaber: Marc Overesch
Artur-Brocke-Allee 31
45478 Mülheim an der Ruhr
Deutschland
Tel.: +49 160 22 32 582
E-Mail: info@mc-overesch.de
Website: www.mc-overesch.de
Data protection and the related personal data to be processed are very important to us. We assure you that we shall use your personal data only in the form in which they are required for the fulfilment of the order and the required customer support.
In accordance with Article 37 DSGVO, we have appointed a Data Protection Officer for data protection issues and support.
If you should have any questions regarding data protection and/or the usage of your personal data, please contact
Marc Overesch
Artur-Brocke-Allee 31
45478 Mülheim an der Ruhr
Tel.: +49 160 22 32 582
E-mail: info@mc-overesch.de
II. General Information regarding Data Processing
1. Scope of the Processing of Personal Data
We shall in principle process our users’ personal data only insofar as this is required for the supplying of a functional website as well as of our contents and services. Addresses shall not be sold to third parties. Any more extensive processing of personal data shall be undertaken upon a regular basis only subject to the user’s consent. An exception shall apply in such cases in which it is not possible to obtain consent in advance owing to actual reasons and the processing of the data is permitted in accordance with the statutory guidelines.
2. Legal Basis for the Processing of Personal Data
Insofar as we obtain a consent from the affected person for the processing of personal data, Art. 6 Para. 1 lit. a EU General Data Protection Regulation (DSGVO) shall serve as the legal basis.
During the processing of personal data which is required for the fulfilment of a contractual agreement whose contractual party is the affected person, Art. 6 Para. 1 lit. b DSGVO shall serve as the legal basis. This shall also be valid for processing procedures which are required for the implementation of pre-contractual measures.
Insofar as a processing of personal data is required for the fulfilment of a legal obligation which our company must fulfil, Art. 6 Para. 1 lit. c DSGVO shall serve as the legal basis.
For the case that vital interests of the affected person or of another natural person make a processing of personal data required, Art. 6 Para. 1 lit. d DSGVO shall serve as the legal basis.
If the processing is required for the safeguarding of a rightful interest of our company or of a third party and the interests, fundamental rights and fundamental freedoms of the affected person do not outweigh the first-mentioned interest, then Art. 6 Para. 1 lit. f DSGVO shall serve as the legal basis for the processing.
3. Data Deletion and Storage Duration
The affected person’s personal data shall be deleted or blocked as soon as the purpose for the storage is no longer valid. Moreover, storage may be undertaken if this has been prescribed by the European or national lawmakers in European Union legal regulations, laws or other guidelines which the responsible party must fulfil. Any blocking or deletion of the data shall also be undertaken then if a storage timeframe prescribed by the aforementioned norms lapses unless a prerequisite still exists for the continued storage of the data for the conclusion or fulfilment of a contractual agreement.
4. Security
We shall undertake all legal preventative measures in order to protect your personal data from loss, destruction, falsification, manipulation and unauthorised access. However, you should nonetheless keep in mind that no Internet transmission has ever been 100% secure or flawless. Particularly e-mails, which are sent to or from this website, may be unsecure.
III. Supplying of the Website and Creation of Log Files
1. Description and Scope of the Data Processing
During each visit to our Internet site, our system automatically collects data and information from the computer system of the querying computer.
In this regard, the following data shall be collected:
- Information regarding the browser model and the version used
- The user’s operating system
- The user’s Internet Service Provider
- The user’s IP address, querying domain
- Date and time of day of the access
- Websites from which the user’s system reaches our Internet site
- Websites which are accessed by the user’s system via our website
- Transferred data quantity, name of the file
- Notification of whether the retrieval was successful
In this regard, it concerns exclusively information which permits no inferences to be made about your person. This information shall be technically required in order to correctly supply the website contents which you request and are mandatorily required for the usage of the Internet. We shall use anonymous information of this type for the purposes of statistical evaluations in order to optimise our Internet site and the technology behind it. No storage of these data together with the user’s other personal data shall be undertaken.
The employees of MCO have been obligated to maintain confidentiality regarding the personal data. These data shall be disseminated to third parties only if this is required for the fulfilment of a contractual agreement. Such third parties have likewise been obligated by MCO to protect the users’ data by means of contractual agreements.
2. Legal Basis for the Data Processing
The legal basis for the temporary storage of the data and the log files shall be Art. 6 Para. 1 lit. f DSGVO.
3. Purpose of the Data Processing
The temporary storage of the IP address by the system shall be required in order to enable the delivery of the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.
The storage in log files shall be undertaken in order to ensure the website’s functionality. In addition, the data serve the purpose of enabling us to optimise the website and guarantee the security of our information technology systems. In this context, the data shall not be evaluated for marketing purposes.
These purposes also encompass our rightful interest in the data processing in accordance with Art. 6 Para. 1 lit. f DSGVO.
4. Duration of the Storage
The data shall be deleted as soon as they are no longer required for the attainment of the purpose for their collection. In the case of the collection of data for the delivery of the website, this shall be the case if the respective session has ended.
In the case of the storage of the data in log files, this shall be the case after by no later than 16 days. More extensive storage shall be possible. In this case, the users’ IP addresses shall be deleted or distorted so that a categorisation of the querying client is no longer possible.
5. Right of Objection and Deletion
The collection of the data for the delivery of the website and the storage of the data in log files shall be mandatorily required for the operation of the Internet site. Consequently, the user shall have no right of objection in this regard.
IV. Usage of Cookies and Analytical Tools
- Description and Scope of the Data Processing
Our website uses cookies. Cookies are text files which are stored in the Internet browser and/or by the Internet browser on the user’s computer system. If a user visits a website, then a cookie may be stored in the user’s operating system. This cookie contains a distinctive character string which enables a clear identification of the browser when the website is visited again.
We use cookies in order to design our website to be user-friendlier. Some elements of our Internet site require that the querying browser also be able to be identified after moving to a different webpage.
In the cookies, the following data are stored and transmitted:
- Language settings
- Where applicable, items in a shopping basket
- Log-in information
The users’ data that are collected in this manner shall be pseudonymised through technical preventative measures. Thus, any categorisation of the data to the querying user is no longer possible. The data shall not be stored together with other personal data of the users.
Links to Other Internet Sites or Apps Available for Download
Insofar as our website contains links to other Internet sites of MCO or to the Internet sites of third-party companies or offers apps for download, this Data Protection Declaration shall not be valid for them. Please review the valid data protection guidelines on the respective other Internet sites or apps.
- Legal Basis for the Data Processing
The legal basis for the processing of personal data while using cookies shall be Art. 6 Para. 1 lit. f DSGVO.
- Purpose of the Data Processing
The purpose of the usage of the technically-required cookies and analytical tools shall be to simplify the usage of websites for the users. Some functions of our Internet site cannot be offered without the usage of cookies. For them, it is necessary that the browser is also recognised again after the visitor moves to a different page.
For the following applications, we require cookies:
- Contact form
- Integration of language settings
- Remembering search terms
The user data collected by means of the technically-required cookies shall not be used in order to create user profiles.
The analysis cookies shall be used for the purpose of improving the quality of our website and its contents. Through the analysis cookies, we shall find out how the website is being used and can thus constantly optimise our website.
In these purposes, our rightful interest also lies in the processing of the personal data in accordance with Art. 6 Para. 1 lit. f DSGVO.
- Duration of the Storage, Rights of Objection and Deletion
Cookies shall be stored on the user’s computer and shall be transmitted by his computer to our website. Thus, as the user, you shall also have full control over the usage of cookies. By changing the settings on your Internet browser, you can deactivate or restrict the transmission of the cookies. Any cookies already saved can be deleted at any time. This can also be done in automated fashion. However, if cookies have been deactivated for our website, all functions of the website may no longer be able to be used comprehensively.
V. Contact Form and E-Mail Contact
1. Description and Scope of the Data Processing
On our Internet site, a contact form is provided which may be used for electronic contacting. If a user utilises this option, then the data entered into the input mask shall be transmitted to us and stored. These data shall be:
- Forename
- Surname
- Content of the individual message
At the time that the message is sent, the following data shall also be stored:
- The user’s IP address
- Date and time of day of the registration
For the processing of the data, during the submission process, your consent shall be obtained and reference shall be made to this Data Protection Declaration.
Alternatively, it is possible to initiate contact via the designated e-mail address. In this case, the user’s personal data transmitted with the e-mail shall be stored.
In this context, data shall not be disseminated to third parties. The data shall be used exclusively for the processing of the conversation.
2. Legal Basis for the Data Processing
The legal basis for the processing of the data shall be the user’s consent which has been granted in accordance with Art. 6 Para. 1 lit. a DSGVO.
The legal basis for the processing of the data, which are transmitted during the sending of an e-mail, shall be Art. 6 Para. 1 lit. f DSGVO. If the e-mail contact is for the purpose of concluding a contractual agreement, then a supplemental legal basis for the processing shall be Art. 6 Para. 1 lit. b DSGVO.
3. Purpose of the Data Processing
The processing of the personal data from the input mask shall serve us solely for the purpose of processing the contacting that has been initiated. In the case that contact is initiated via e-mail, the required rightful interest lies in the processing of the data.
The other personal data processed during the submission process shall serve the purposes of preventing a misuse of the contact form and guaranteeing the security of our information technology systems.
4. Duration of the Storage
The data shall be deleted as soon as they are no longer required for the attainment of the purpose for their collection. For the personal data from the input mask of the contact form and the personal data which have been sent via e-mail, this shall then be the case when the respective conversation with the user has ended. The conversation shall then be considered to have ended if it can be deduced based upon the respective circumstances that the affected issue has been definitively clarified.
The personal data also collected during the submission process shall be deleted by no later than seven days’ time.
5. Rights of Objection and Deletion
The user shall at any time have the option of revoking his consent for the processing of his personal data. If the user contacts us via e-mail, then he may at any time object to the storage of his personal data. In such a case, the conversation may not be continued.
In this case, all personal data, which have been collected during the contacting, shall be deleted.
VI. Rights of the Affected Person
If your personal data are processed, then you shall be considered to be the affected person in accordance with the DSGVO and shall be entitled to the following rights in your dealings with the responsible party:
1. Right of Information
You may demand a confirmation from the responsible party regarding whether we are processing your personal data.
If such processing is indeed being done, you may demand that the responsible party provide you with the following information:
(1) The purposes for which the personal data are being processed;
(2) The categories of personal data which are being processed;
(3) The recipients and/or the categories of recipients to whom your personal data have been disclosed or are still being disclosed;
(4) The planned duration of the storage of your personal data or, if concrete information cannot be provided in this regard, the criteria for the determination of the storage timeframe;
(5) The existence of a right to the correction or the deletion of your personal data, a right to the restriction of the processing by the responsible party or a right of objection against this processing;
(6) The existence of a right to lodge a complaint with a government supervisory agency;
(7) All available information regarding the origin of the data if the personal data have not been collected from the affected person;
(8) The existence of an automated decision-making process including profiling in accordance with Art. 22 Paras. 1 and 4 DSGVO and–at least in these cases–detailed information regarding the logic involved as well as the scope and the intended ramifications of such processing for the affected person.
You shall be entitled to the right to demand information regarding whether your personal data are being transmitted to a non-EU country or to an international organisation. In this context, you may demand to be instructed regarding the suitable guarantees in accordance with Art. 46 DSGVO in conjunction with the processing.
2. Right of Correction
You shall have a right of correction and/or completion vis-à-vis the responsible party insofar as your processed personal data are incorrect or incomplete. The responsible party must promptly undertake the correction.
3. Right of Restriction of the Processing
Subject to the following prerequisites, you may demand the restriction of the processing of your personal data:
(1) If you dispute the correctness of your personal data for a duration which enables the responsible party to verify the correctness of the personal data;
(2) The processing is illegal and you reject the deletion of the personal data and instead demand the restriction of the usage of the personal data;
(3) The responsible party no longer requires the personal data for the purposes of the processing, but you nonetheless require them for the assertion, exercising or warding-off of legal claims, or
(4) If you have lodged an objection against the processing in accordance with Art. 21 Para. 1 DSGVO and it has not yet been determined whether the rightful interests of the responsible party outweigh your rightful interests.
If the processing of your personal data has been restricted, these data may–apart from their storage–only be processed subject to your consent or in order to assert, exercise or ward off legal claims or in order to protect the rights of another natural or juridical person or for the reasons of an important public interest of the European Union or of one of its member countries.
If the processing has been restricted in accordance with the aforementioned prerequisites, you shall be notified by the responsible party before the restriction is lifted.
4. Right of Deletion
a) Deletion Obligation
You may demand that the responsible party promptly delete your personal data and the responsible party shall be obliged to promptly delete these data insofar as one of the following reasons applies:
(1) Your personal data are no longer required for the purposes for which they have been collected or otherwise processed.
(2) You revoke your consent, which supported the processing in accordance with Art. 6 Para. 1 lit. a or Art. 9 Para. 2 lit. a DSGVO, and no other legal basis applies for the processing.
(3) You lodge an objection against the processing in accordance with Art. 21 Para. 1 DSGVO and no prevailing rightful interests for the processing apply or you lodge an objection against the processing in accordance with Art. 21 Para. 2 DSGVO.
(4) Your personal data have been processed illegally.
(5) The deletion of your personal data is required in order to fulfil a legal obligation in accordance with the law of the European Union or the law of the member countries which the responsible party must follow.
(6) Your personal data have been collected within the parameters of the information society services offered in accordance with Art. 8 Para. 1 DSGVO.
b) Notification of Third Parties
If the responsible party has publicly disclosed your personal data and is obliged to their deletion in accordance with Art. 17 Para. 1 DSGVO, then he shall, subject to the consideration of the available technology and the implementation costs, undertake appropriate measures–including of a technical nature–in order to notify the responsible party for the data processing who is processing the personal data that you, as the affected person, have demanded that he delete all links to these personal data or copies or replications of these personal data.
c) Exceptions
The right of deletion shall not apply insofar as the processing is required
(1) In order to exercise the rights of free expression and notification;
(2) In order to fulfil a legal obligation which requires the processing in accordance with the law of the European Union or of the member countries which the responsible party must follow or in order to fulfil a task which lies in the public interest or in the exercising of public authority which has been conferred to the responsible party;
(3) For reasons of the public interest in the area of public health in accordance with Art. 9 Para. 2 lit. h and i as well as Art. 9 Para. 3 DSGVO;
(4) For archiving, scientific or historical research purposes lying in the public interest or for statistical purposes in accordance with Art. 89 Para. 1 DSGVO insofar as the right mentioned under Section a) is anticipated to make the realisation of the goals of this processing impossible or to gravely restrict the realisation thereof; or
(5) For the assertion, exercising or warding-off of legal claims.
5. Right of Instruction
If you have asserted the right of correction, deletion or restriction of the processing vis-à-vis the responsible party, the responsible party shall be obliged to notify all recipients, to whom your personal data have been disclosed, of this correction or deletion of the data or restriction of the processing unless this is discovered to be impossible or associated with disproportionate expenditures.
You shall have the right to demand that the responsible party disclose the names of these recipients to you.
6. Right of Data Portability
You shall have the right to receive your personal data, which you have provided to the responsible party, in a structured, standard and machine-readable format. Moreover, you shall have the right to transmit these data to another responsible party without any hindrances from the responsible party to whom the personal data have been provided insofar as
(1) The processing is based upon a consent in accordance with Art. 6 Para. 1 lit. a DSGVO or Art. 9 Para. 2 lit. a DSGVO or upon a contractual agreement in accordance with Art. 6 Para. 1 lit. b DSGVO and
(2) The processing is done via an automated process.
Furthermore, when exercising this right, you shall also have the right to request that your personal data be transmitted directly by one responsible party to another responsible party insofar as this is technically feasible. However, any freedoms and rights of other persons may not be restricted by so doing.
The right of data portability shall not be valid for a processing of personal data which is required for the fulfilment of a task which lies in the public interest or in the exercising of public authority which has been conferred to the responsible party.
7. Right of Objection
You shall have the right, based upon the reasons from your particular situation, to lodge an objection at any time against the processing of your personal data which is undertaken in accordance with Art. 6 Para. 1 lit. e or f DSGVO; this shall also be valid for any profiling supported by these provisions.
The responsible party shall no longer process your personal data unless he can document compelling reasons worthy of protection for the processing which outweigh your interests, rights and freedoms or the processing serves the purpose of the assertion, exercising or warding-off of legal claims.
If your personal data are processed in order to conduct direct advertising, you shall have the right at any time to lodge an objection against the processing of your personal data for the purpose of such advertising; this shall also be valid for the profiling insofar as it is associated with such direct advertising.
If you object to the processing for the purposes of direct advertising, your personal data shall no longer be processed for these purposes.
You shall have the option, in conjunction with the usage of information society services–notwithstanding Guideline 2002/58/EC, to exercise your right of objection via an automated procedure, in which technical specifications are used.
8. Right of Revocation of the Declaration of Consent Granted under Data Protection Law
You shall have the right at any time to revoke your declaration of consent granted under data protection law. However, the revocation of the consent shall not affect the legality of the processing that was done based upon the consent until it was revoked.
9. Right of Complaint to a Government Supervisory Agency
Notwithstanding any other legal remedy under administrative law or in court, you shall have the right to lodge a complaint to a government supervisory agency–particularly in the member country of your place of residence, your work location or the location of the purported violation if you are of the belief that the processing of your personal data violates the DSGVO.
The government supervisory agency, to which the complaint has been lodged, shall notify the party lodging the complaint of the status of and the ruling on the complaint–including of the option of seeking out a legal remedy in court in accordance with Art. 78 DSGVO.
