DATA PROTECTION POLICY
Thank you for your interest in The CommsDuo. Data protection is a particularly high priority for us, Christine Vogl-Kordick and Markus Gladbach. The use of the website of The CommsDuo is possible without any indication of personal data. However, if a data subject wants to use special services of The CommsDuo via our website, processing of personal data could become necessary. If processing of personal data is necessary and if 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 country-specific data protection regulations applicable to the The CommsDuo. By means of this data protection declaration, the CommsDuo would like to inform the public about the nature, 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 CommsDuo has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions can always be subject to security vulnerabilities, 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.
The data protection declaration of The CommsDuo is based on the terms used by the European Data Protection Supervisor when adopting the General Data Protection Regulation (GDPR). The 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 data protection declaration:
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) Data subject
Data subject means 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 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.
Profiling shall mean any 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.
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 which ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or data controller
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.
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient means 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.
Consent is any freely given specific and informed indication of his or her 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. name and address of the data controller
The controller 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:
Zoppoter Str. 14
The data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programmes. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.
4. collection of general data and information
The website of The CommsDuo collects a series of general data and information every time a data subject or automated system calls up the blog. This general data and information is stored in the log files of the WordPress 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 my blog (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of an 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 CommsDuo does not draw any conclusions about the data subject. Rather, this information is needed (1) to deliver the website content correctly, (2) to optimise the website content and advertising, (3) to ensure the long-term functionality of our information technology systems and website technology, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber-attack. Therefore, the CommsDuo analyzes anonymously collected data and information on one hand, and on the other hand, with the aim of increasing the data protection and data security of the CommsDuo, in order to ensure 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 submitted by a data subject.
5. Registration on our website
The data subject has the possibility to register on the website of the controller by providing personal data. Which personal data are transmitted to the controller in the process results from the respective input mask used for the registration. The personal data entered by the data subject is collected and stored exclusively for internal use and for our own purposes. However, we may arrange for the data to be passed on to one or more order processors, for example a parcel service provider, who will also use the personal data exclusively for internal use.
By registering on the website, the IP address assigned by the Internet service provider (ISP) of the person concerned, the date as well as the time of registration are also stored. This data is stored against the background that this is the only way to prevent misuse of our services and, if necessary, to enable criminal offences to be investigated. In this respect, the storage of this data is necessary for security purposes. As a matter of principle, this data is not passed on to third parties unless there is a legal obligation to pass it on or the passing on serves the purpose of criminal prosecution.
The registration of the data subject by voluntarily providing personal data serves to offer the data subject content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to change the personal data provided during registration at any time or to have it completely deleted from the database.
Upon request, we will provide any data subject at any time with information on what personal data is stored about the data subject. Furthermore, we will correct or delete personal data at the request or notice of the person concerned, insofar as this does not conflict with any legal obligations to retain data. We are available as a contact person at any time.
6. contact possibility via the website
Based on statutory provisions, the website of The CommsDuo contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts us by e-mail or by means of a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted to us on a voluntary basis by a data subject will be stored for the purpose of processing or contacting the data subject. This personal data is not passed on to third parties.
7. comment function on the website
On our website, we offer users the opportunity to leave individual comments on individual blog posts. A blog is a portal, usually publicly visible, in which one or more persons, called bloggers or web bloggers, can post articles or write down thoughts in so-called blogposts. The blogposts can usually be commented on by third parties.
If a data subject leaves a comment in the published blog, in addition to the comments left by the data subject, information on the time of comment entry and the user name (pseudonym) chosen by the data subject will be stored and published. Furthermore, the IP address assigned by the Internet service provider (ISP) of the person concerned is also logged. This storage of the IP address takes place for security reasons and in the event that the person concerned violates the rights of third parties by posting a comment or posts illegal content. The storage of this personal data is therefore in our own interest, so that the latter could exculpate itself if necessary in the event of an infringement. We do not pass on this personal data to third parties, unless such a transfer is required by law or serves our legal defence.
8. routine deletion and blocking of personal data
We process and store personal data of the data subject only for the period of time necessary to achieve the purpose of storage or if this has been provided for by the European Directive and Regulation Maker or another legislator in laws or regulations to which we are subject.
If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and Regulation Maker or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
9. rights of the data subject
a) Right to confirmation
Every data subject has the right granted by the European Directive and Regulation to obtain confirmation from us as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may contact us at any time.
b) Right of access
Any person concerned by the processing of personal data has the right granted by the European Directive and Regulation to obtain at any time from the controller, 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 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 recipients in third countries or international organisations
- if 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 the right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or the 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: Any 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 contact us at any time.
c) Right of rectification
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain the rectification without delay of inaccurate personal data concerning 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 contact us at any time.
d) Right to erasure (right to be forgotten)
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to request that we erase the personal data concerning him or her without delay, provided that one of the following reasons 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 withdraws 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) DS-GVO and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) DS-GVO.
- The personal data have been processed unlawfully.
- The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to information society services offered pursuant to Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to arrange for the deletion of personal data stored by The CommsDuo, he or she may, at any time, contact us. We will comply with the erasure request immediately.
If the personal data have been made public by The CommsDuo and we are obliged to erase the personal data pursuant to Article 17 (1) of the Data Protection Regulation, The CommsDuo shall, taking into account the available technology and the cost of implementation, implement reasonable measures, including those of a technical nature, to inform other data controllers which process the published personal data, that the data subject 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. We will arrange the necessary in individual cases.
e) Right to restriction of processing
Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation-maker, to demand that we restrict processing if one of the following conditions is met:
The accuracy of the personal data is contested by the data subject for a period enabling us to verify the accuracy of the personal data.
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.
We no longer need the personal data for the purposes of the processing, but the data subject needs it for the assertion, exercise or defence of legal claims.
The data subject has objected to the processing pursuant to Article 21(1) of the Data Protection Regulation and it is not yet clear whether our legitimate grounds override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by The CommsDuo, he or she may, at any time, contact us. We will then arrange the restriction of the processing.
f) Right to data portability
Any person affected by the processing of personal data has the right, granted by the European Directive and Regulation, to receive the personal data concerning him or her, which has 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 the right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to obtain the direct transfer of personal data from one controller to another controller where technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.
To assert the right to data portability, the data subject may contact us at any time.
g) Right to object
Any person affected by the processing of personal data has 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 DS-GVO. This also applies to profiling based on these provisions.
The CommsDuo 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 CommsDuo processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her 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 CommsDuo to the processing for direct marketing purposes, The CommsDuo 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 CommsDuo for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the Data Protection Regulation (DS-GVO), unless such processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact us directly. The data subject is also free to exercise his/her right to object by means of automated procedures using technical specifications in the context of the use of information society services, notwithstanding Directive 2002/58/EC.
h) Automated decisions in individual cases, including profiling
Any person concerned by the processing of personal data has 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 us, or (2) it is made with the data subject’s explicit consent, the CommsDuo shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, which include at least the right to obtain the data subject’s involvement on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact us.
i) Right to withdraw consent under data protection law
Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation-maker, to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consent, he or she may contact us at any time.
10. data protection provisions on the use and application of Google Analytics (with anonymisation function)
We have integrated the Google Analytics component (with anonymisation function) on our website. Google Analytics is a web analysis service. Web analysis is the collection, compilation and evaluation of data about the behaviour of visitors to websites. Among other things, a web analysis service collects data on the website from which a data subject has accessed a website (so-called referrers), which sub-pages of the website have been accessed or how often and for how long a sub-page has been viewed. A web analysis is mainly used to optimise a website and to analyse the costs and benefits of internet advertising.
The operating company of the Google Analytics component is Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
We use the add-on “_gat._anonymizeIp” for web analysis via Google Analytics. By means of this add-on, the IP address of the internet connection of the person concerned is shortened and anonymised by Google if access to our website takes place from a member state of the European Union or from another state party to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyse the flow of visitors to our website. Google uses the data and information obtained for the purpose of evaluating the use of our website, compiling online reports on website activity for us and providing other services relating to website activity.
Google Analytics sets a cookie on the information technology system of the data subject. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyse the use of our website. Each time one of the individual pages of the website operated by us and on which a Google Analytics component has been integrated is called up, the internet browser on the information technology system of the data subject is automatically caused by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical process, Google obtains knowledge of personal data, such as the IP address of the data subject, which Google uses, among other things, to track the origin of visitors and clicks and subsequently to enable commission calculations.
By means of the cookie, personal information such as the time of access, the location from which access originated and the frequency of visits to our website by the data subject are stored. Each time the data subject visits our website, this personal data, including the IP address of the internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may share this personal data collected via the technical process with third parties.
The data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used, as already described above, and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the information technology system of the data subject. In addition, a cookie already set by Google Analytics can be deleted at any time via the internet browser or other software programmes.
Further information and the applicable data protection provisions of Google can be found at https://www.google.de/intl/de/policies/privacy/ and at http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail under this link https://www.google.com/intl/de_de/analytics/.
11. data protection provisions on the use and application of LinkedIn
We have integrated components of the LinkedIn Corporation on our website. LinkedIn is an internet-based social network that allows users to connect with existing business contacts and make new business contacts. Over 400 million registered people use LinkedIn in more than 200 countries. This makes LinkedIn currently the largest platform for business contacts and one of the most visited websites in the world.
With each individual call-up of our website that is equipped with a LinkedIn component (LinkedIn plug-in), this component causes the browser used by the person concerned to download a corresponding representation of the component from LinkedIn. Further information on LinkedIn plug-ins can be found at https://developer.linkedin.com/plugins. Within the scope of this technical procedure, LinkedIn receives knowledge of which specific sub-page of our website is visited by the data subject.
If the data subject is logged in to LinkedIn at the same time, LinkedIn recognises which specific sub-page of our website the data subject is visiting with each call-up of our website by the data subject and for the entire duration of the respective stay on our website. This information is collected by the LinkedIn component and assigned by LinkedIn to the respective LinkedIn account of the data subject. If the data subject activates a LinkedIn button integrated on our website, LinkedIn assigns this information to the personal LinkedIn user account of the data subject and stores this personal data.
LinkedIn always receives information via the LinkedIn component that the data subject has visited our website if the data subject is simultaneously logged into LinkedIn at the time of calling up our website; this takes place regardless of whether the data subject clicks on the LinkedIn component or not. If the data subject does not want this information to be transmitted to LinkedIn, he or she can prevent the transmission by logging out of his or her LinkedIn account before accessing our website.
We have integrated components of Twitter on our website. Twitter is a multilingual publicly accessible microblogging service on which users can publish and distribute so-called tweets, i.e. short messages limited to 280 characters. These short messages can be accessed by anyone, including people who are not registered with Twitter. However, the tweets are also displayed to the so-called followers of the respective user. Followers are other Twitter users who follow the tweets of a user. Furthermore, Twitter makes it possible to address a broad audience via hashtags, links or retweets.
The operating company of Twitter is Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA.
Each time one of the individual pages of our website operated by us and on which a Twitter component (Twitter button) has been integrated is called up, the Internet browser on the information technology system of the data subject is automatically caused by the respective Twitter component to download a representation of the corresponding Twitter component from Twitter. Further information on the Twitter buttons can be found at https://about.twitter.com/de/resources/buttons. Within the scope of this technical procedure, Twitter receives information about which specific sub-page of our website is visited by the data subject. The purpose of integrating the Twitter component is to enable users to further disseminate the content of the website, to make this website known in the digital world and to increase the number of visitors.
If the data subject is logged in to Twitter at the same time, Twitter recognises which specific sub-page of our website the data subject is visiting each time the data subject calls up our website and for the entire duration of the respective stay on our website. This information is collected by the Twitter component and assigned by Twitter to the respective Twitter account of the data subject. If the data subject activates one of the Twitter buttons integrated on our website, the data and information thus transmitted are assigned to the personal Twitter user account of the data subject and stored and processed by Twitter.
Twitter always receives information via the Twitter component that the data subject has visited our website if the data subject is simultaneously logged into Twitter at the time of calling up our website; this takes place regardless of whether the data subject clicks on the Twitter component or not. If the data subject does not want this information to be transmitted to Twitter, he or she can prevent the transmission by logging out of his or her Twitter account before accessing our website.
The applicable data protection provisions of Twitter are available at https://twitter.com/privacy?lang=de.
13. legal basis of the processing
Article 6 I lit. a DS-GVO serves The CommsDuo as the legal basis 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 Art. 6 I lit. b DS-GVO. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of enquiries about our products or services. If The CommsDuo is subject to a legal obligation which requires the processing of personal data, such as for compliance with 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 which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary for the purposes of protecting a legitimate interest of The CommsDuo or a third party, unless such interest is overridden by the interests, fundamental rights and freedoms of the data subject. 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).
14 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 our well-being.
15. 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, provided that it is no longer required for the fulfilment of the contract or the initiation of the contract.
16. legal or contractual provisions for the provision of 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 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 The CommsDuo enters into 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 us. We will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or by 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. 17.
17. existence of automated decision-making
As a responsible company, we do not use automated decision-making or profiling.
8th of March 2021
Christine Vogl-Kordick and Markus Gladbach