Gudrun Schmidt
Steffenstrasse 36
D-40545
Düsseldorf
Telephone: 0049 211 588 060
Telefax: 0049 211 588 070
E-Mail: info@lustaufsteine.de
Internet*: www.lustaufsteine.de
According to german value added tax law § 27a: DE
160787941 (VAT ID number)
Liability note: Despite careful content
control, we do not accept liability for the content of external links.
For contents of the linked sides are responsible excluding their operator.
Privacy Policy:
We are very delighted that you have shown interest in our
enterprise. Data protection is of a particularly high priority for the
management of the Gudrun Schmidt Edelsteine. The use of the Internet
pages of the Gudrun Schmidt Edelsteine is possible without any
indication of personal data; however, if a data subject wants to use special
enterprise services via our website, processing of personal data could become
necessary. If the processing of personal data is necessary and there is no
statutory basis for such processing, we generally obtain consent from 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 Gudrun
Schmidt Edelsteine. By means of this data protection declaration, our
enterprise would like to inform the general public of the nature, scope, and
purpose of the personal data we collect, use and process. Furthermore, data
subjects are informed, by means of this data protection declaration, of the
rights to which they are entitled.
As the controller, the Gudrun
Schmidt Edelsteine has implemented numerous technical and organizational
measures to ensure the most complete protection of personal data processed
through this website. However, Internet-based data transmissions may in
principle have security gaps, so absolute protection may not be guaranteed. For
this reason, every data subject is free to transfer personal data to us via
alternative means, e.g. by telephone.
1. Definitions
The data protection declaration of the Gudrun Schmidt Edelsteine is based on the
terms used by the European legislator for the adoption of the General Data
Protection Regulation (GDPR). Our data protection declaration should be legible
and understandable for the general public, as well as our customers and business
partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following
terms:
a) Personal data
Personal data means any information relating
to an identified or identifiable natural person (“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 is any identified or identifiable natural person, whose personal
data is processed by the controller responsible for the processing.
c)
Processing
Processing is 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
Restriction of processing is the marking of stored personal data
with the aim of limiting their processing in the future.
e) Profiling
Profiling means any form 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 concerning that
natural person's performance at work, economic situation, health, personal
preferences, interests, reliability, behaviour, location or movements.
f)
Pseudonymisation
Pseudonymisation is the processing of personal data in such
a manner 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 controller responsible for
the processing
Controller or controller responsible for the 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
nomination may be provided for by Union or Member State law.
h) Processor
Processor is a natural or legal person, public authority, agency or other body
which processes personal data on behalf of the controller.
i) Recipient
Recipient is a natural or legal person, public authority, agency or another
body, to which the 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; the processing of those data by those public authorities
shall be in compliance with the applicable data protection rules according to
the purposes of the processing.
j) Third party
Third party is a
natural or legal person, public authority, agency or body other than the data
subject, controller, processor and persons who, under the direct authority of
the controller or processor, are authorised to process personal data.
k)
Consent
Consent of the data subject is any freely given, specific, informed
and unambiguous indication of the data subject's wishes by which he or she, by a
statement or by a clear affirmative action, signifies agreement to the
processing of personal data relating to him or her.
2. Name and
Address of the controller
Controller for the purposes of the General
Data Protection Regulation (GDPR), other data protection laws applicable in
Member states of the European Union and other provisions related to data
protection is:
Gudrun Schmidt Edelsteine
Steffenstrasse 36
40545
Düsseldorf
Deutschland
Phone: 0049211588060
Email:
info@lustaufsteine.de
Website: www.lustaufsteine.de
3.
Collection of general data and information
The website of the
Gudrun Schmidt Edelsteine collects a series of general data and information
when a data subject or automated system calls up the website. This general data
and information are stored in the server log files. Collected may be (1) the
browser types and versions used, (2) the operating system used by the accessing
system, (3) the website from which an accessing system reaches our website
(so-called referrers), (4) the sub-websites, (5) the date and time of access to
the Internet site, (6) an Internet protocol address (IP address), (7) the
Internet service provider of the accessing system, and (8) any other similar
data and information that may be used in the event of attacks on our information
technology systems.
When using these general data and information, the
Gudrun Schmidt Edelsteine does not draw any conclusions about the data subject.
Rather, this information is needed to (1) deliver the content of our website
correctly, (2) optimize the content of our website as well as its advertisement,
(3) ensure the long-term viability of our information technology systems and
website technology, and (4) provide law enforcement authorities with the
information necessary for criminal prosecution in case of a cyber-attack.
Therefore, the Gudrun Schmidt Edelsteine analyzes anonymously collected data and
information statistically, with the aim of increasing the data protection and
data security of our enterprise, and 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 all personal data provided by a data subject.
4.
Routine erasure and blocking of personal data
The data
controller shall process and store the personal data of the data subject only
for the period necessary to achieve the purpose of storage, or as far as this is
granted by the European legislator or other legislators in laws or regulations
to which the controller is subject to.
If the storage purpose is not
applicable, or if a storage period prescribed by the European legislator or
another competent legislator expires, the personal data are routinely blocked or
erased in accordance with legal requirements.
5. Rights of the
data subject
a) Right of confirmation
Each data subject shall
have the right granted by the European legislator to obtain from the controller
the confirmation as to whether or not personal data concerning him or her are
being processed. If a data subject wishes to avail himself of this right of
confirmation, he or she may, at any time, contact any employee of the
controller.
b) Right of access
Each data subject shall have the right
granted by the European legislator to obtain from the controller free
information about his or her personal data stored at any time and a copy of this
information. Furthermore, the European directives and regulations grant the data
subject access to the following information:
the purposes of the
processing;
the categories of personal data concerned;
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;
where possible, the envisaged period for which the personal
data will be stored, or, if not possible, the criteria used to determine that
period;
the existence of the right to request from the controller
rectification or erasure of personal data, or restriction of processing of
personal data concerning the data subject, or to object to such processing;
the existence of the right to lodge a complaint with a supervisory authority;
where the personal data are not collected from the data subject, any available
information as to their source;
the existence of automated decision-making,
including profiling, referred to in Article 22(1) and (4) of the GDPR and, at
least in those cases, meaningful information about the logic involved, as well
as the significance and envisaged consequences of such processing for the data
subject.
Furthermore, the data subject shall have a right to obtain
information as to whether personal data are transferred to a third country or to
an international organisation. Where this is the case, the data subject shall
have the right to be informed of the appropriate safeguards relating to the
transfer.
If a data subject wishes to avail himself of this right of
access, he or she may, at any time, contact any employee of the controller.
c) Right to rectification
Each data subject shall have the right granted
by the European legislator to obtain from the controller without undue delay the
rectification of inaccurate personal data concerning him or her. Taking into
account the purposes of the processing, the data subject shall have the right to
have incomplete personal data completed, including by means of providing a
supplementary statement.
If a data subject wishes to exercise this right
to rectification, he or she may, at any time, contact any employee of the
controller.
d) Right to erasure (Right to be forgotten)
Each data
subject shall have the right granted by the European legislator to obtain from
the controller the erasure of personal data concerning him or her without undue
delay, and the controller shall have the obligation to erase personal data
without undue delay where one of the following grounds applies, as long as the
processing is not necessary:
The personal data are no longer necessary in
relation to the purposes for which they were collected or otherwise processed.
The data subject withdraws consent to which the processing is based according to
point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR,
and where there is no other legal ground 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 unlawfully processed.
The personal data must 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 offer of
information society services referred to in Article 8(1) of the GDPR.
If one
of the aforementioned reasons applies, and a data subject wishes to request the
erasure of personal data stored by the Gudrun Schmidt Edelsteine, he or she may,
at any time, contact any employee of the controller. An employee of Gudrun
Schmidt Edelsteine shall promptly ensure that the erasure request is complied
with immediately.
Where the controller has made personal data public and
is obliged pursuant to Article 17(1) to erase the personal data, the controller,
taking account of available technology and the cost of implementation, shall
take reasonable steps, including technical measures, to inform other controllers
processing the personal data that the data subject has requested erasure by such
controllers of any links to, or copy or replication of, those personal data, as
far as processing is not required. An employees of the Gudrun Schmidt Edelsteine
will arrange the necessary measures in individual cases.
e) Right of
restriction of processing
Each data subject shall have the right granted by
the European legislator to obtain from the controller restriction of processing
where one of the following applies:
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 and the data
subject opposes the erasure of the personal data and requests instead the
restriction of their use instead.
The controller no longer needs the personal
data for the purposes of the processing, but they are required by the data
subject for the establishment, exercise or defence of legal claims.
The data
subject has objected to processing pursuant to Article 21(1) of the GDPR pending
the verification whether the legitimate grounds of the controller override those
of the data subject.
If one of the aforementioned conditions is met, and a
data subject wishes to request the restriction of the processing of personal
data stored by the Gudrun Schmidt Edelsteine, he or she may at any time contact
any employee of the controller. The employee of the Gudrun Schmidt Edelsteine
will arrange the restriction of the processing.
f) Right to data
portability
Each data subject shall have the right granted by the European
legislator, to receive the personal data concerning him or her, which was
provided to a controller, in a structured, commonly used and machine-readable
format. He or she shall have the right to transmit those data to another
controller without hindrance from the controller to which the personal data have
been provided, as long as the processing is based on consent pursuant to point
(a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on
a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing
is carried out by automated means, as long as the processing is not 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 pursuant to Article 20(1) of the
GDPR, the data subject shall have the right to have personal data transmitted
directly from one controller to another, where technically feasible and when
doing so does not adversely affect the rights and freedoms of others.
In
order to assert the right to data portability, the data subject may at any time
contact any employee of the Gudrun Schmidt Edelsteine.
g) Right to object
Each data subject shall have the right granted by the European legislator to
object, on grounds relating to his or her particular situation, at any time, to
processing of personal data concerning him or her, which is based on point (e)
or (f) of Article 6(1) of the GDPR. This also applies to profiling based on
these provisions.
The Gudrun Schmidt Edelsteine 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 establishment,
exercise or defence of legal claims.
If the Gudrun Schmidt Edelsteine
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 applies to profiling to the extent that it
is related to such direct marketing. If the data subject objects to the Gudrun
Schmidt Edelsteine to the processing for direct marketing purposes, the Gudrun
Schmidt Edelsteine 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 by the Gudrun Schmidt Edelsteine for scientific or historical
research purposes, or for statistical purposes pursuant to Article 89(1) of the
GDPR, unless the 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 any employee of the Gudrun Schmidt
Edelsteine. In addition, the data subject is free in the context of the use of
information society services, and notwithstanding Directive 2002/58/EC, to use
his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Each data
subject shall have the right granted by the European legislator 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, as long as the decision (1) is not is necessary for entering
into, or the performance of, a contract between the data subject and a data
controller, or (2) is not authorised by Union or Member State law to which the
controller is subject and which also lays down suitable measures to safeguard
the data subject's rights and freedoms and legitimate interests, or (3) is not
based on 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 a data controller, or (2) it is based on the data subject's explicit
consent, the Gudrun Schmidt Edelsteine shall implement suitable measures to
safeguard the data subject's rights and freedoms and legitimate interests, at
least the right to obtain human intervention 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 individual
decision-making, he or she may, at any time, contact any employee of the Gudrun
Schmidt Edelsteine.
i) Right to withdraw data protection consent
Each
data subject shall have the right granted by the European legislator to withdraw
his or her consent to processing of his or her 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 Gudrun Schmidt Edelsteine.
6. Legal basis for the processing
Art. 6(1) lit. a GDPR
serves as the legal basis for processing operations for 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 party,
as is the case, for example, when processing operations are necessary for the
supply of goods or to provide any other service, the processing is based on
Article 6(1) lit. b GDPR. The same applies to such processing operations which
are necessary for carrying out pre-contractual measures, for example in the case
of inquiries concerning our products or services. Is our company subject to a
legal obligation by which processing of personal data is required, such as for
the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c
GDPR. In rare cases, the processing of personal data may be necessary to protect
the vital interests of the data subject or of another natural person. This would
be the case, for example, if a visitor were injured in our company and his name,
age, health insurance data or other vital information would have to be passed on
to a doctor, hospital or other third party. Then the processing would be based
on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on
Article 6(1) lit. f GDPR. This legal basis is used for processing operations
which are not covered by any of the abovementioned legal grounds, if processing
is necessary for the purposes of the legitimate interests pursued by our company
or by a third party, except where such interests are overridden by the interests
or fundamental rights and freedoms of the data subject which require protection
of personal data. Such processing operations are particularly permissible
because they have been specifically mentioned by the European legislator. He
considered that a legitimate interest could be assumed if the data subject is a
client of the controller (Recital 47 Sentence 2 GDPR).
7. The
legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our
legitimate interest is to carry out our business in favor of the well-being of
all our employees and the shareholders.
8. Period for which the
personal data will be stored
The criteria used to determine the
period of storage of personal data is the respective statutory retention period.
After expiration of that period, the corresponding data is routinely deleted, as
long as it is no longer necessary for the fulfillment of the contract or the
initiation of a contract.
9. Provision of personal data as
statutory or contractual requirement; Requirement necessary to enter into a
contract; Obligation of the data subject to provide the personal data; possible
consequences of failure to provide such data
We clarify that the
provision of personal data is partly required by law (e.g. tax regulations) or
can also result from contractual provisions (e.g. information on the contractual
partner). Sometimes it may be necessary to conclude a contract that the data
subject provides us with personal data, which must subsequently be processed by
us. The data subject is, for example, obliged to provide us with personal data
when our company signs a contract with him or her. The non-provision of the
personal data would have the consequence that the contract with the data subject
could not be concluded. Before personal data is provided by the data subject,
the data subject must contact any employee. The employee clarifies to the data
subject 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 the consequences of non-provision of
the personal data.
10. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
This Privacy Policy has been generated by the
Privacy Policy Generator of the German Association for Data Protection that was
developed in cooperation with Privacy Lawyers from WILDE BEUGER SOLMECKE,
Cologne.
