Privacy

 

Privacy

I. Name and address of the controller

The controller within the meaning of the General Data Protection Regulation and other national data protection laws in the member states and other data protection provisions is:

HUBSCHMITZ Architekten GbR – Joenne Hub and Marcus Schmitz
Dr.-Julius-Leber-Str.49
23552 Lübeck
Germany


+49 451 70727999
info@hubschmitz.de
www.hubschmitz.de

II. General remarks on data processing

1. Scope of processing of personal data

Generally speaking, we only process personal data of our users to the extent necessary to provide a functioning website as well as our contents and services. Our users’ personal data are generally only used with their consent. An exception applies in cases in which it is objectively impossible to obtain prior consent and the processing of the data is permitted by statutory provisions.

2. Legal basis for the processing of personal data

To the extent that we obtain the consent of data subjects to process personal data, the legal basis is Art. 6(1)(a) EU General Data Protection Regulation (GDPR).
When personal data are processed to perform a contract to which the data subject is party, the legal basis is Art. 6(1)(b) GDPR. The same applies to processing required for the performance of pre-contractual activities.
To the extent that the processing of personal data is necessary to meet a legal obligation to which our company is subject, the legal basis is Art. 6(1)(c) GDPR.
When the vital interests of the data subject or another natural person make the processing of personal data necessary, Art. 6(1)(d) GDPR provides the legal basis.
If the processing is necessary in the legitimate interests of our company or a third party and the interests, basic rights and basic freedoms of the data subject do not override these interests, Art. 6(1)(f) GDPR is the legal basis.

3. Erasure of data and retention period

The data subject’s personal data are erased or locked as soon as the purpose of their storage no longer exists. They may also be stored if so required by European or national legislatures in Union regulations, laws or other rules to which the controller is subject. The data are also locked or erased if a retention period provided for by one of the aforementioned legal instruments expires, unless it is necessary to retain the data for the purpose of entering into or performing a contract.

III. Provision of the website and generation of logfiles

1. Description and scope of data processing

Every time our website is accessed, our system automatically logs data and information from the system of the computer retrieving it.
The following data are recorded:

a) Information about the type and version of the browser used

b) The user’s operating system

c) The user’s internet service provider

d) The user’s IP address

e) Date and time of access

The logfiles do not contain any IP addresses or other data that can be attributed to a particular user.
The data are also stored in our system logfiles. This does not affect the user’s IP address or other data that enable the data to be attributed a particular user. These data are not stored together with other personal data from the user.

2. Legal basis for data processing

The legal basis for the temporary storage of data is Art. 6(1)(f) GDPR.

3. Purpose of data processing

The temporary storage of the IP address by the system is necessary to deliver the website to the user’s computer. This requires that the user’s IP address is stored for the duration of the session.
This purpose also constitutes our legitimate interest in the data processing in accordance with Art. 6(1)(f) GDPR.

4. Duration of storage

The data are deleted as soon as they are no longer necessary for the purpose for which they were collected. When the data are collected to provide the website, this is the case when the session comes to an end.

5. Right of objection and removal

The collection of data to provide the website and the storage of data in logfiles is essential for the operation of the website. Users therefore have no right of objection.

IV. Use of cookies

1. Description and scope of the data processing

Our website uses cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user’s computer system. When a user retrieves a website, a cookie can be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be identified when the website is accessed again.

We use cookies to make our website more user-friendly. Some elements of our website make it necessary to identify the retrieving browser after a page change.

2. Purpose of data processing

If technically necessary cookies are used:
the purpose of using technically necessary cookies is to simplify the use of websites for the users. Some functions of our website cannot be provided without the use of cookies. For these it is necessary that the browser is recognised after the user changes from one webpage to another.
The user data collected by technically necessary cookies are not used to create user profiles.
This purpose also constitutes our legitimate interest in the processing of personal data in accordance with Art. 6(1)(f) GDPR.

3. Duration of storage, right of objection and removal

Cookies are stored on the user’s computer, which sends them to our website. As a user you therefore have full control over the use of cookies. By changing the settings in your internet browser you can deactivate or restrict the sending of cookies. Cookies that have already been stored can be deleted at any time. This can take place automatically. If cookies are deactivated for our website it may no longer be possible to use all the functions of the website.

V. Email contact

1. Description and scope of the data processing

Contact may be made via the email address provided. In this case the user’s personal data sent by email are stored.
The data are not transferred to third parties in this context. The data are used exclusively to process the conversation.

2. Legal basis for the data processing

The legal basis for data processing is Art. 6(1)(a) GDPR, providing the user’s consent is given.

The legal basis for processing data sent with an email is Art. 6(1)(f) GDPR. If the email contact serves to enter into a contract, then Art. 6(1)(b) GDPR provides a further legal basis for the processing.

3. Purpose of data processing

Personal data from the entry mask are processed solely to enable us to respond to the contact request. When contact is made by email, this is also the necessary legitimate interest in processing the data.
The other personal data processed when the email is sent serve to prevent the misuse of the contact form and to ensure the security of our IT systems.

4. Duration of storage

The data are deleted as soon as they are no longer necessary for the purpose for which they were collected. For the personal data from the entry mask in the contact form and those sent by email, this is the case when the respective conversation with the user comes to an end. The conversation comes to an end when the circumstances suggest that the matter has been definitively settled.

The additional personal data collected when the email is sent are deleted after no more than seven days.

5. Right of objection and removal

Users have the right to withdraw consent to the processing of personal data at any time. If a user makes contact with us via email, they can object to the storage of their personal data at any time. In this case the conversation cannot be continued.
In this case, all the personal data stored when contact is made are deleted.

VI. Rights of data subjects

The following list covers all the rights of data subjects defined in the GDPR. Rights that are not relevant to our website do not have to be listed. To this extent the list can be shortened.
If your personal data are processed you are a data subject within the meaning of the GDPR and you have the following rights with regard to the controller:

1. Information right

You can obtain confirmation from the controller about whether we process personal data relating to you.
If this processing takes place, you can obtain the following information from the controller:

a) the purposes for which the personal data are processed;

b) the categories of personal data that are processed;

c) the recipients and the categories of recipients to which the personal data relating to you have been or will be disclosed;

d) the planned retention period for the personal data relating to you, or if no concrete information is not possible, criteria for defining the retention period;

e) the existence of a right to rectify or erase personal data relating to you, a right to restrict processing by the controller and a right to object to this processing;

f) the existence of a right to lodge a complaint with a supervisory authority;

g) all available information about the source of the data, if the personal data were not collected from the data subject;

h) the existence of automatic decision-making, including profiling referred to in Art. 22(1) and (4) GDPR and – at least in those cases – meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
You have the right to information about whether your personal data are transferred to a third country or an international organisation. In this context you have the right to be informed of the appropriate safeguards pursuant to Art. 46 GDPR relating to the transfer.

2. Right to rectification

You have a right to obtain from the controller the rectification and/or completion of your personal data to the extent that they are inaccurate or incomplete. The controller must rectify the data without undue delay.

3. Right to restriction of processing

You have the right to obtain from the controller the restriction of processing of your personal data where one of the following applies:

a) you contest the accuracy of the personal data, for a period enabling the controller to verify the accuracy of the personal data;

b) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;

c) the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims, or

d) you have objected to processing pursuant to Art. 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If the processing of your personal data has been restricted, the data may only be processed – with the exception of storage – with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
If you have obtained restriction of processing pursuant to the above conditions, you will be informed by the controller before the restriction of processing is lifted.

4. Right to erasure

4.1. ‘Right to be forgotten’

You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

a) the personal data are no longer necessary for the purposes for which they were collected or otherwise processed.

b) You withdraw consent on which the processing is based according to point (a) of Art. 6(1), or point (a) of Art. 9(2) GDPR, and there is no other legal ground for the processing.

c) You object to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21(2) GDPR.

d) The personal data concerning you have been unlawfully processed.

e) 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.

f) The personal data have been collected in relation to the offer of information society services referred to in Art. 8(1) GDPR.

4.2. Information to third parties

4.3. Where the controller has made your personal data public and is obliged pursuant to Art. 17(1) GDPR 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 controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

4.4. Exceptions

The right to erasure does not exist to the extent that processing is necessary

a) for exercising the right of freedom of expression and information;

b) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

c) for reasons of public interest in the area of public health in accordance with points (h) and (i) of Art. 9(2) as well as Art. 9(3) GDPR;

d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89(1) GDPR in so far as the right referred to in point (a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or

e) for the establishment, exercise or defence of legal claims.

5. Right to notification

The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with Art. 16, Art. 17(1) and Art. 18 GDPR to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort.
You have the right to be notified of these recipients by the controller.

6. Right to data portability

You have the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

a) the processing is based on consent pursuant to point (a) of Art. 6(1) GDPR or point (a) of Art. 9(2) GDPR or on a contract pursuant to point (b) of Art. 6(1) GDPR; and

b) the processing is carried out by automated means.
In exercising your right to data portability you also have the right to have the personal data transmitted directly from one controller to another, where technically feasible. This may not adversely affect the rights and freedoms of others.
The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. Right to object

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Art. 6(1) GDPR, including profiling based on those provisions.
The controller will no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

8. Right to withdraw consent to data processing

You have the right to withdraw your consent to data processing at any time. Withdrawal of consent does not affect the lawfulness of the processing carried out on the basis of the consent before it was withdrawn.

9. Automated individual decision-making including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning your or similarly significantly affects you. This does not apply if the decision

a) is necessary for entering into, or performance of, a contract between you and a data controller;

b) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or

c) is based on your explicit consent.
Nonetheless, such decisions may not be based on special categories of personal data referred to in Art. 9(1) GDPR, unless point (a) or (g) of Art. 9(2) GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.
In the cases referred to in points (a) and (c), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.

10. Right to lodge a complaint with a supervisory authority

Notwithstanding any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 GDPR.