Data Protection

I. Name and address of the person responsible

The one in charge is them:

Busekist Winter & Partner PartGmbB

Cecilienallee 59

40474 Düsseldorf, Germany

Phone: +49-(0)211-43 53 33 00

Fax: +49 211 435333-16

(hereinafter referred to as “we”)

II. Name and address of the Data Protection Officer
A data protection officer has not been appointed.

III. General information on data processing

In the following we will inform you about our handling of personal data, which we collect and process on the occasion of the use of this website and on the occasion of our professional activities of affected persons.

IV. Provision of the website and creation of log files

1. description and scope of data processing

Each time you access our website, our system automatically collects data and information from the computer system of the accessing computer.

The following data is collected:

– IP address of the calling Internet connection

– Browser type and browser version

– used operating system

– Referrer URL

– Hostname of the accessing computer

– Time of the server request

This data is also stored in the log files of our system. These data are not stored together with other personal data of the user.

Our website is hosted on our servers and on our behalf in a computer centre within the EU. We ensure that all data protection requirements are observed and adhered to. If you would like information about the appropriate guarantees, please contact us at the contact details listed under I. above.

2. legal basis for data processing

The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f DSGVO.

3. purpose of data processing

The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the IP address of the user must remain stored for the duration of the session.

The data is stored in log files to ensure the functionality of the website. The data is also used to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

These purposes also include our legitimate interest in data processing pursuant to Art. 6 para. 1 lit. f DSGVO.

4. duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data to provide the website, this is the case when the session in question has ended.

If the data is stored in log files, this is the case after seven days at the latest. A storage going beyond this is possible. In this case, the IP addresses of the users are deleted or masked so that it is no longer possible to assign the calling client.

5. possibility of objection and removal

The collection of data for the provision of the website and the storage of data in log files is mandatory for the operation of the website. Consequently, there is no possibility of opposition.

V. Use of cookies

1. description and scope of 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 visits 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 uniquely identified when the website is called up again.

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We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.

The following data is stored and transmitted in the cookies:

1. language settings ( More information in the cookie policies )

2. legal basis for data processing

The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f DSGVO.

3. purpose of data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these it is necessary that the browser is recognized also after a page change.

We need cookies for the following applications:

4. duration of storage, possibility of objection and removal

Cookies are stored on the user’s computer and transmitted to our site by the user. Therefore, you as a user have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that all functions of the website can no longer be used to their full extent.

VI. contact to us, e-mail contact

1. description and scope of data processing

On our website it is possible to contact us via the e-mail address provided and other contact options. In all cases the transmitted personal data of the user will be stored.

In this context, the data will not be passed on to third parties.

2. legal basis for data processing

The legal basis for processing the data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f DSGVO. If the purpose of the contact is to conclude a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO.

3. Purpose of data processing

The data will be used exclusively for the processing of the conversation.

4. duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. For the personal data sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is terminated when it can be inferred from the circumstances that the matter in question has been conclusively clarified.

5. possibility of objection and removal

If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.

In order to object, the user can contact us via the contact details given under I above. A revocation given by telephone requires the sending of an identification document to ensure the identity of the opponent.

In this case, all personal data stored in the course of establishing contact will be deleted.

VI-I Openstreetmap

We use OpenStreetMap, a service of the OpenStreetMap Foundation, St John’s Innovation Center, Cowley Road, Cambridge, CB 4 0 WS, United Kingdom, hereinafter referred to as “OpenStreetMap”, for directions.

When you visit one of our websites in which the OpenStreetMap service is integrated, OpenStreetMap stores a cookie on your device via your internet browser. As a result, your user settings and user data are processed for the purpose of displaying the page or ensuring the functionality of the OpenStreetMap service. Through this processing, OpenStreetMap can recognize from which website your request was sent and to which IP address the representation of the journey should be transmitted.

The legal basis is Article 6 Paragraph 1 lit. f) GDPR. Our legitimate interest lies in the optimization and economic operation of our website.

If you do not agree to this processing, you have the option of preventing the installation of cookies by making the appropriate settings in your Internet browser. You can find details on this under the heading “Cookies” above.

At https://wiki.osmfoundation.org/wiki/Privacy_Policy, OpenStreetMap offers further information on the collection and use of data as well as your rights and options for protecting your privacy.

The provision of your personal data is voluntary, based solely on your consent. If you prevent access, this can lead to functional restrictions on the website.

VII Processing of mandates / requests for mandates within the scope of our professional activities

1. description and scope of data processing

The processing of personal data within the scope of our professional activities (mandate enquiries and mandate processing) serves to fulfil the contract to which the person concerned is a contracting party or to carry out pre-contractual measures, and is always necessary for this purpose.

2. legal basis and purpose of data processing

Art. 6 para. 1 lit. b DSGVO is the legal basis for this processing.

3. duration of storage

The data will be deleted as soon as they are no longer necessary for achieving the purpose for which they were collected. If the data relates to a specific client relationship between us and the data subject, we store the data and are legally obliged to store this data for at least 10 years after termination of the respective mandate. This data will then be deleted. If the data concern judicial or official proceedings, a 30-year retention obligation may also apply with regard to individual data (e.g. contained in titles and notices).

VIII Rights of the user

If personal data is processed by you, you are the data subject within the meaning of the DSGVO and you are entitled to the following rights vis-à-vis the person responsible:

1. right to information

You can request confirmation from the person responsible as to whether personal data relating to you will be processed by us.

In the event of such processing, you may request the following information from the data controller:

(1) the purposes for which the personal data will be processed;

(2) the categories of personal data processed;

(3) the recipients or categories of recipients to whom the personal data relating to you has been or will be disclosed;

(4) the planned duration of the retention of the personal data relating to you or, if it is not possible to provide specific information in this regard, criteria for determining the retention period;

(5) the existence of a right to rectify or delete personal data concerning you, a right to limit the processing by the controller or a right to object to such processing;

(6) the existence of a right of appeal to a supervisory authority;

(7) all available information on the source of the data, if the personal data are not collected from the data subject;

(8) the existence of automated decision-making including profiling in accordance with Art. 22 (1) and (4) DSGVO and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing on the data subject.

You have the right to request information as to whether the personal data concerning you will be transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 DSGVO in connection with the transfer.

2 Right to rectification

You have the right to have your personal data corrected and/or completed by the data controller if the personal data processed concerning you is inaccurate or incomplete. The data controller must carry out the rectification immediately.

3. the right to limit the processing

Under the following conditions, you may request that the processing of your personal data be restricted:

(1) if you dispute the accuracy of the personal data concerning you for a period of time which allows the controller to verify the accuracy of the personal data;

(2) the processing is unlawful and you refuse to erase the personal data and instead request that the use of the personal data be restricted;

(3) the controller no longer needs the personal data for the purposes of the processing, but you need them for the assertion, exercise or defence of legal claims, or

(4) if you have objected to the processing pursuant to Art. 21 para. 1 DSGVO and it has not yet been established whether the legitimate reasons of the data controller outweigh your reasons.

If the processing of personal data concerning you has been restricted, such data – apart from their storage – may only be processed with your consent or for the assertion, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the Union or a Member State.

If the processing restriction has been limited in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

4. right to cancellation

(a) Duty to delete

You may request us to delete your personal information immediately and we are obligated to delete that information immediately for any of the following reasons:

(1) The personal data relating to you is no longer necessary for the purposes for which it was collected or otherwise processed.

(2) You revoke your consent on which the processing pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a DSGVO was based and there is no other legal basis for the processing.

(3) You object to the processing pursuant to Art. 21 para. 1 DSGVO and there are no overriding legitimate reasons for the processing or you object to the processing pursuant to Art. 21 para. 2 DSGVO.

(4) The personal data concerning you have been processed unlawfully.

(5) The deletion of your personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject.

(6) The personal data relating to you have been collected in relation to information society services offered pursuant to Article 8(1) DSGVO.

b) Information to third parties

If we have made the personal data concerning you public and if we are obliged to delete them pursuant to Art. 17 para. 1 DSGVO, we shall take appropriate measures, also of a technical nature, taking into account the available technology and the implementation costs, to inform those responsible for data processing who process the personal data that you have requested them to delete all links to this personal data or copies or replications of this personal data.

c) Exceptions

The right to deletion does not exist if the processing is necessary.

(1) the exercise of freedom of expression and information;

(2) to fulfil a legal obligation which processing is subject to under the law of the Union or of the Member States to which the controller is subject or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;

(3) for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i as well as Art. 9 para. 3 DSGVO;

(4) for archive purposes in the public interest, scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 DSGVO, insofar as the law referred to under a) is likely to make it impossible or seriously impair the attainment of the objectives of such processing, or

(5) to assert, exercise or defend legal claims.

5. right to information

If you have exercised your right to rectify, cancel or limit the processing of your personal data against the controller, the latter is obliged to notify all recipients to whom the personal data concerning you have been disclosed of such rectification, cancellation or limitation, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed of such recipients by the data controller.

6 Right to data transfer

You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another responsible person without any hindrance from us, provided that

(1) the processing is based on a consent pursuant to Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 lit. b DSGVO and

(2) the processing is carried out by automated means.

In exercising this right, you also have the right to request that the personal data relating to you be transferred directly by us to another responsible person, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this.

The right to data transfer does not apply to the 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 of objection

You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data on the basis of Art. 6 para. 1 lit. e or f DSGVO; this also applies to profiling based on these provisions.

We will no longer process the personal data concerning you unless we can prove compelling reasons for the processing worthy of protection which outweigh your interests, rights and freedoms, or the processing serves the assertion, exercise or defence of legal claims.

If the personal data concerning you are processed for the purpose of direct advertising, you have the right at any time to object to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling to the extent that it is connected with such direct advertising.

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for such purposes.

You have the possibility to exercise your right of objection through automated procedures using technical specifications in connection with the use of Information Society services, notwithstanding Directive 2002/58/EC.

8. Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of your consent does not affect the legality of the processing carried out on the basis of your consent until you revoke it.

9. Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your residence, place of work or place of presumed infringement, if you consider that the processing of your personal data is in breach of the DSGVO.

The supervisory authority to which the complaint was submitted shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 DSGVO.

As of May 2018