Privacy statement

We welcome your interest for our business. Data protection is of particular importance for the management of Antje Böckl. The use of Mr Antje Böckl’s websites is, in principle, possible without any indication of personal data. However, if a data subject wishes to use our company specific services via our website, processing of personal data might be necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we usually obtain the consent of the data subject.

The processing of personal data, such as the name, address, email address or telephone number of a data subject, always complies with the General Data Protection Regulation and the national data protection rules applicable to Antje Böckl. The purpose of this privacy statement is to inform the public of the nature, scope and purpose of the personal data we have collected, used and processed. In addition, this privacy statement informs data subjects of their rights.

As controller, Mr Antje Böckl implemented numerous technical and organisational measures in order to ensure the fullest possible protection of personal data processed via that website. Nevertheless, internet-based data transfers may in principle have security gaps, so that absolute protection cannot be guaranteed. That is why any data subject is free to transmit personal data to us by other means, for example by telephone.

1. Definitions

Mr Antje Böckl’s privacy statement is based on the terms used by the EU legislature when adopting the General Data Protection Regulation (GDPR). Our privacy statement must be easily legible and understandable for both the public and our clients and business partners. In order to do so, we would like to explain in advance the terms used.

In this privacy statement, we use, inter alia, the following terms:

(a) Personal data

‘Personal data’ means any information relating to an identified or identifiable natural person (‘the 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

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

“Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, 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

The restriction of processing is the marking of the personal data stored for the purpose of restricting their future processing.

profiling

Profiling is any type of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the performance of work, economic circumstances, health, personal preferences, interests, reliability, behaviour, place of residence or movement of that natural person.

(F) pseudonymisation

Pseudonymisation is the processing of personal data in such a way that 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 ensuring that the personal data are not attributed to an identified or identifiable natural person.

(G) controller or controller

The controller or controller 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 appointment may be provided for by Union or Member State law.
(h) Subcontractor

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

(I) Beneficiaries

The recipient is a natural or legal person, public authority, agency or other body to which personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

(J) Third

A third party is a natural or legal person, public authority, agency or other body other than the data subject, controller, processor and persons who, under the direct responsibility of the controller or processor, are authorised to process the personal data.

(K) Consent

Consent shall be any freely given and precise indication of the data subject’s wishes, by a statement or by a clear affirmative action, by which the data subject agrees to the processing of personal data relating to him or her.

2. Name and address of the controller

The controller within the meaning of the General Data Protection Regulation, other data protection laws of the Member States of the European Union and other data protection legal provisions shall be:

Lawyer Antje Böckl
Humboldtstr. 13
07545 Gera
Germany

Tel: 0365290660

Email: rain.boeckl@t-online.de
Website: www.famlienrecht-gera.de

3. Cookies

Antje Böckl’s websites use cookies. Cookies are text files which are placed and stored on a computer system via an internet browser.

Many websites and servers use cookies. Many cookies contain a ‘cookie’ identifier. A cookie identifier is a unique identifier of the cookies. This is a succession of signs by which websites and servers can be linked to the actual web browser in which the cookie has been stored. This enables visited websites and servers to distinguish the individual browser of the person concerned from other web browsers containing other cookies. A given web browser may be recognised and identified by means of the unique cookie identifier.

By using cookies, Antje Böckl can provide users of that site with more user-friendly services which would not be possible without the setting up of cookies.

By means of a cookies, information and offers on our website can be optimised in the mind of the user. As I have already stated, the cookies enable us to recognise the users of our website. The objective of that recognition is to facilitate the use by users of our website. For example, the user of an internet page using cookies is not required to reintroduce his or her access data during each visit to that site, since that is taken from the website and cookie placed on the user’s computer system. Another example is the cookie of a basket of articles in the online shop. The online shop observes the items that a customer has placed in the virtual basket of products through a cookie.

The data subject may, at any time, prevent the installation of cookies by our website by means of an appropriate adjustment of the web browser used and, therefore, permanently oppose the setting up of cookies. In addition, cookies already installed may be erased at any time via a browser on the internet or other software. This is possible in all common internet browsers. If the person concerned deactivates the installation of cookies on the web browser used, all the functions of our website may not be fully usable.

4. Collection of data and general information

Mr Antje Böckl’s website collects, by each search of that site by a data subject or by an automated system, a series of general data and information. Those general data and information shall be stored in the server’s logbooks. Account may be taken of (1) the types of browser and the versions used, (2) the operating system used by the access system, (3) the website from which a system accessing our website (known as a legal secretary), (4) the sub-internets which are installed on our website by means of an accessible system, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the providers of accessible system services and (8) other similar data and information intended to prevent attacks on our computer systems.

When using those general data and information, Mr Antje Böckl draws no conclusions as to the data subject. On the contrary, that information is necessary in order to (1) properly disseminate the content of our website, (2) optimise the content of our website and its advertising, (3) ensure the sustainable functioning of our computer systems and the technology of our website and (4) provide law enforcement authorities with the information necessary for the prosecution of cyberattacks. Those data and information collected anonymously are therefore used by Antje Böckl, on the one hand, statistically and, on the other, with the aim of increasing data protection and security in our undertaking, in order, ultimately, to ensure an optimal level of protection of the personal data we have processed. Anonymous server lodges’ data shall be kept separately from all personal data indicated by a data subject.

5. Possibility of contact via the website

The website of Antje Böckl contains, under statutory provisions, information allowing rapid electronic contact with our undertaking and direct communication with us, which also includes a general email address (email address). Where a data subject contacts the controller by email or by means of a contact form, the personal data transmitted by the data subject shall be stored automatically. Those personal data voluntarily transmitted by a data subject to the controller shall be retained for the purposes of processing or contacts with the data subject. Those personal data shall not be transmitted to third parties.

6. Systematic erasure and blocking of personal data

The controller shall process and store the personal data of the data subject only for as long as is necessary to achieve the purpose of the storage or if this has been provided for by the EU legislator or by another legislator in laws or regulations to which the controller is subject.

If the retention objective ceases to exist or if a retention period prescribed by the European legislator and the European legislator or by another competent legislator expires, personal data shall be regularly blocked or erased in accordance with the legal provisions.

7. The data subject’s rights

(a) Right of confirmation

Every data subject has the right, conferred by the EU legislature, to obtain confirmation from the controller as to whether or not personal data concerning him or her are being processed. Where a data subject wishes to exercise that right of confirmation, he or she may, at any time, contact a member of the staff of the controller.

(b) Right of access

Every data subject concerned by the processing of personal data has the right, conferred by the European legislature, to obtain, at any time, free of charge, from the controller, access to personal data concerning him or her and a copy of those data. In addition, the EU legislator has granted the data subject access to the following information:
the purposes of the processing
the categories of personal data 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 established in third countries or international organisations:
as far as possible, the period provided for the retention of personal data or, if that is not possible, the criteria for determining that period;
the existence of the right to request from the controller rectification or erasure of personal data concerning him or her, restriction of processing or the right to object to such processing;
the right to lodge a complaint with 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, in accordance with Article 22 (1) and (4) of the GDPR and, at least in such cases, meaningful information about the logic involved, as well as the significance and expected consequences of such processing for the data subject;

In addition, the data subject has the right to access the question whether personal data have been transferred to a third country or to an international organisation. Furthermore, if that is the case, the data subject has the right to obtain access to the appropriate safeguards linked to the transfer.

Where a data subject wishes to avail himself or herself of that right of access, he or she may, at any time, contact a member of the staff of the controller.

Right to rectification

Every data subject concerned by the processing of personal data has the right conferred by the European legislature to obtain the rectification without undue delay of inaccurate personal data relating to him or her. In addition, the data subject shall have the right to obtain, taking into account the purposes of the processing, the incomplete personal data to be completed, including by means of a supplementary statement.

Where a data subject wishes to benefit from that right of rectification, he or she may, at any time, contact a member of the staff of the controller.

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

Every data subject shall have the right conferred by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and to the extent that processing is not necessary:
The personal data have been collected or otherwise processed for purposes for which they are no longer necessary.
The data subject withdraws the consent on which the processing is based, in accordance with 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.
According to Article 21(1) GDPR, the data subject objects to the processing and there are no compelling legitimate grounds for the processing, or the data subject objects to the processing in accordance with Article 21(2) GDPR.
The personal data have been unlawfully processed;
The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
The personal data have been collected in relation to the proposed information society services, in accordance with Article 8(1) of the GDPR.

If one of the above grounds applies and a data subject wishes to obtain the erasure of personal data stored by Mr Antje Böckl, he or she may, at any time, contact a member of staff of the controller. Mr Antje Böckl’s employee will ensure that the request for erasure is complied with without delay.

Where the personal data have been made public by Antje Böckl and our undertaking is required, as a controller under Article 17(1) of the GDPR, to erase the personal data, Antje Böckl takes reasonable steps, including of a technical nature, taking into account available technologies and implementation costs, to inform other controllers processing the published personal data that the data subject has requested those other controllers to erase any links to those personal data or any copy or reproduction of those personal data, in so far as the processing is not necessary. Mr Antje Böckl’s employee will take the necessary measures on a case-by-case basis.

(e) Right to restriction of processing

Every data subject has the right conferred by the EU legislator to obtain from the controller 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.
The processing is unlawful, the data subject objects to the erasure of personal data and instead requests restriction of their use.
The controller no longer needs personal data for the purpose of processing, but is necessary for the establishment, exercise or defence of legal claims.
The data subject has objected to the processing in accordance with Article 21(1) GDPR and it is not yet certain that the legitimate grounds of the controller outweigh those of the data subject.

If one of the above conditions is met and a data subject wishes to obtain the restriction of the personal data retained by Mr Antje Böckl, he or she may, at any time, contact an employee of the controller. The employee of Antje Böckl will take the necessary steps to limit the treatment.

(F) Right to data portability

Every data subject concerned by the processing of personal data has the right, conferred by the European legislature, to obtain, in a structured, commonly used and machine-readable format, the personal data relating to him or her which have been made available to a controller by the data subject. It also has the right to transfer those data to another controller without obstruction by the controller to whom the personal data have been provided, provided that the processing is based on consent referred to in Article 6(1) (a) or Article 9(2) (a) of the GDPR, or on a contract under Article 6(1) (b) of the GDPR, and that 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, in exercising his or her right to data portability in accordance with Article 20(1) of the GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another controller, in so far as this is technically possible and provided that the rights and freedoms of others are not prejudiced.

In order to assert the right to data portability, the data subject may, at any time, contact an employee of Mr Antje Böckl.

(G) Right to object

Every person concerned by the processing of personal data has the right, conferred by the European legislature, to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her based on Article 6(1) (e) or (f) of the GDPR. Including profiling based on these provisions.

Antje Böckl no longer processes personal data in case of an objection, unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.

When Mr Antje Böckl processes personal data for the purposes of direct marketing, the data subject has the right to object at any time to the processing of personal data for the purposes of that advertising. That also applies to profiling, in so far as it is linked to such direct marketing. If the data subject objects to the processing for direct marketing purposes against Antje Böckl, Antje Böckl will no longer process the personal data for those purposes.

In addition, the data subject has the right to object, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her by Mr Antje Böckl for scientific or historical research purposes or statistical purposes, in accordance with Article 89(1) of the GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

For the purposes of exercising the right to object, the person concerned may contact directly any employee of Mr Antje Böckl or any other employee. Notwithstanding Directive 2002/58/EC, the data subject may also exercise his or her right to object in the context of the use of information society services by automated means using technical specifications.

(h) Automated individual decisions, including profiling,

“1. any data subject by processing personal data shall have the right 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 is not necessary for the conclusion or 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 legislation provides for suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests or (3) is taken with the explicit consent of the data subject.

If the decision is (1) necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) it is taken with the express consent of the data subject, Antje Böckl shall take appropriate measures to safeguard the data subject’s rights and freedoms and legitimate interests, including at least the right to obtain the intervention of a data subject from the controller, to express his or her point of view and to challenge the decision.

If the data subject wishes to exercise rights relating to automated decision-making, he or she may, at any time, contact a member of staff of the controller for that purpose.

(I) Right to withdraw consent in relation to data protection

Every data subject concerned by the processing of personal data has the right, conferred by the European legislature, to withdraw at any time his or her consent to the processing of personal data.

If the data subject wishes to exercise his or her right to withdraw his or her consent, he or she may, at any time, contact a member of the staff of the controller.

8. The legal basis of the processing operation at stake is:

Article 6(1) (a) GDPR serves as a legal basis for our business for processing operations where 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, of processing operations necessary for the provision of goods or for the provision of another service or consideration, the processing is based on Article 6(1) (b) of the GDPR. The same applies to processing operations necessary for the implementation of pre-contractual measures, for example in the case of requests for our products or services. If our undertaking is subject to a legal obligation which makes the processing of personal data necessary, for example in order to comply with tax obligations, the processing is based on Article 6(1) (c) of the GDPR. In rare cases, the processing of personal data might be necessary to protect the vital interests of the data subject or another natural person. That would be the case, for example, if a visitor were injured in our undertaking and his name, age, health insurance data or any other vital information were then to be sent to a doctor, a hospital or other third parties. In that case, the processing would be based on Article 6(1) (d) of the GDPR. Ultimately, processing operations could be based on Article 6(1) (f) of the GDPR. This legal basis is based on processing operations which are not covered by any of the above-mentioned legal bases, where the processing is necessary for the protection of a legitimate interest of our business or of a third party, provided that the interests and fundamental rights and freedoms of the data subject are not overridden. Such processing operations are allowed to us, in particular because they have been specifically mentioned by the European legislature. In that regard, it considered that a legitimate interest could be presumed where the data subject is a customer of the controller (second sentence of recital 47 of the GDPR).

9. Management of cookies used and similar technologies

In order to manage and give consents to cookies and similar technologies used (Tracking-Pixel, Web-Beacons, etc.), we use the tool Consent Tool ‘Real Cookie Banner’. For more details on the operation of ‘Real Cookie Banner’, please consult the following link: https://devowl.io/de/rcb/datenverarbeitung.

The legal bases for the processing of personal data in this context are Article 6(1) (c) and Article 6(1) (f) of the GDPR. Our legitimate interest lies in the management and consent of cookies used and similar technologies.

The provision of personal data is neither required by the contract nor necessary for the conclusion of a contract. TU is not required to provide the personal data. If you do not provide the personal data, we cannot manage our consent.

10. Legitimate interests in processing pursued by the controller or by a third party

If the processing of personal data is based on Article 6(1) (f) GDPR, our legitimate interest is the performance of our business activities in favour of the well-being of all our employees and shareholders.

11. Retention period for personal data

The criterion of the period of retention of personal data is the corresponding statutory retention period. Upon expiry of the deadline, the data concerned shall be systematically erased if they are no longer necessary for the performance or preparation of the contract.

12. Legal or contractual provisions relating to the provision of personal data; necessity for the conclusion of the contract; obligation for the data subject to provide personal data; possible consequences of failure to provide

We would like to inform you that the provision of personal data is partly required by law (e.g. tax law) or may also result from contractual provisions (e.g. information about the contractor). In some cases, the conclusion of the contract may require a data subject to provide us with personal data which subsequently have to be processed by us. For example, the data subject is required to provide us with personal data when our company enters into a contract with him/her. The consequence of not making the personal data available is that the contract cannot be concluded with the data subject. Before personal data are made available by the data subject, the data subject must contact one of our employees. Our employee shall inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or whether it 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.

13. Existence of automated decision-making

As the responsible undertaking, we abandon automatic decision-making or profiling.

That privacy statement was drawn up by the Director of the Data Protection Statement of DGD Deutsche Gesellschaft für Datenschutz GmbH, acting as data protection officer, in cooperation with the lawyers of Wilde Beuger SOLMECKE | Rechtsanwälte.