Legal notice and privacy policy

Information according to § 5 TMG:

 

Legal Notice

 

Service provider

Dorothee Weiner

Oberscholthe House

Market Square 9

35305 Grünberg

Germany

 

Contact options

Email address: info@oberscholthes.de

Telephone: 06401-8069871

 

Online Dispute Resolution (ODR)

Online dispute resolution: The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr/. Consumers have the option of using this platform to resolve their disputes.

 

Image credits

Image sources and copyright information:

Benita Sittner: Christmas photos

Carolin Weiner: All other photos

Jonas Hammen: Logo

 

Our thanks

We thank you for any information and insights into the history of the house.

Eckart Rittmannsperger

Herrmann Stika

Erhard Zimmer

Created with Datenschutz-Generator.de by Dr. jur. Thomas Schwenke

 

 

Privacy Policy


Introduction

With the following privacy policy, we would like to inform you about the types of your personal data (hereinafter also referred to as "data") that we process, for what purposes, and to what extent. This privacy policy applies to all processing of personal data carried out by us, both in the context of providing our services and, in particular, on our websites, in mobile applications, and within external online presences, such as our social media profiles (hereinafter collectively referred to as "online services").

Stand: 3. August 2019


Table of Contents


  • Introduction
  • Responsible
  • Overview of processing activities
  • Relevant legal bases
  • Security measures
  • Transmission and disclosure of personal data
  • Data processing in third countries
  • Use of cookies
  • Contact
  • Provision of the online service and web hosting
  • Presence in social networks
  • Planning, organization and tools
  • Deletion of data
  • Changes and updates to the privacy policy
  • Rights of data subjects
  • Definitions of terms


Responsible

Dorothee WeinerMarktplatz 935305 Grünberg

Email address: info@oberscholthes.de

Phone: T 06401-8069871

Legal notice: oberscholthes.de

 

Overview of processing activities

The following overview summarizes the types of data processed and the purposes of their processing, and refers to the data subjects.


Types of data processed

  • Inventory data (e.g. names, addresses).
  • Content data (e.g., text entries, photographs, videos).
  • Contact details (e.g. email, phone numbers).
  • Metadata/communication data (e.g., device information, IP addresses).
  • Usage data (e.g. websites visited, interest in content, access times).


Categories of affected persons

  • Communication partner.
  • Users (e.g., website visitors, users of online services).


Purposes of processing

  • Contact requests and communication.
  • Remarketing.
  • Audience measurement (e.g., access statistics, recognition of returning visitors).
  • Tracking (e.g., interest-/behavior-based profiling, use of cookies).
  • Contractual services and support.


Relevant legal bases

Below, we explain the legal bases under the General Data Protection Regulation (GDPR) on which we process personal data. Please note that in addition to the GDPR regulations, national data protection laws may apply in your or our country of residence or establishment.


  • Consent (Art. 6 para. 1 sentence 1 lit. a GDPR) - The data subject has given consent to the processing of his or her personal data for one or more specific purposes.
  • Contractual performance and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR) - The processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract.
  • Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR) - Processing is necessary for the purposes of the legitimate interests pursued by the controller 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.


National Data Protection Regulations in Germany: In addition to the data protection regulations of the General Data Protection Regulation (GDPR), national data protection regulations apply in Germany. These include, in particular, the Federal Data Protection Act (BDSG). The BDSG contains specific provisions regarding the right of access, the right to erasure, the right to object, the processing of special categories of personal data, processing for other purposes, and data transfers, as well as automated decision-making in individual cases, including profiling. Furthermore, it regulates data processing for employment-related purposes (§ 26 BDSG), especially with regard to the establishment, execution, or termination of employment relationships and the consent of employees. State data protection laws of the individual federal states may also apply.

 

Security measures


In accordance with legal requirements, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the varying likelihood and severity of the threat to the rights and freedoms of natural persons, we implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk.

These measures include, in particular, ensuring the confidentiality, integrity, and availability of data by controlling physical and electronic access to the data, as well as access to, input of, transfer of, and ensuring the availability and separation of the data. Furthermore, we have established procedures that guarantee the exercise of data subject rights, the deletion of data, and responses to data breaches. We also consider the protection of personal data during the development and selection of hardware, software, and processes, in accordance with the principles of data protection by design and by default.

 

Transmission and disclosure of personal data


As part of our processing of personal data, it may be necessary to transfer or disclose data to other entities, companies, legally independent organizational units, or individuals. Recipients of this data may include, for example, payment institutions involved in payment transactions, IT service providers, or providers of services and content integrated into a website. In such cases, we comply with legal requirements and, in particular, conclude appropriate contracts or agreements with the recipients of your data to protect your data.

 

Data processing in third countries


If we process data in a third country (i.e., outside the European Union (EU), the European Economic Area (EEA)) or if the processing takes place in the context of using third-party services or disclosing or transferring data to other persons, bodies or companies, this will only be done in accordance with legal requirements.

Subject to explicit consent or where transfer is required by contract or law, we only process or have data processed in third countries with a recognized level of data protection, which includes US processors certified under the "Privacy Shield", or on the basis of special guarantees, such as contractual obligations through so-called standard contractual clauses of the EU Commission, the existence of certifications or binding internal data protection rules (Articles 44 to 49 GDPR, EU Commission information page: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de).

 

Use of cookies


Cookies are small files that are stored on users' devices. Various types of information can be stored using cookies. This information can include, for example, language settings on a website, login status, items in a shopping cart, or the point at which a video was last viewed.

Cookies are generally also used when a user's interests or behavior (e.g., viewing specific content, using certain functions, etc.) on individual websites are stored in a user profile. Such profiles serve to show users content that matches their potential interests. This process is also known as "tracking," i.e., monitoring users' potential interests. We also include other technologies that perform the same functions as cookies in the term "cookies" (e.g., when user data is stored using pseudonymous online identifiers, also known as "user IDs").

If we use cookies or "tracking" technologies, we will inform you separately in our privacy policy.

Information on the legal basis: The legal basis for processing your personal data using cookies depends on whether we ask for your consent. If so, and you consent to the use of cookies, the legal basis for processing your data is your explicit consent. Otherwise, data processed using cookies is processed based on our legitimate interests (e.g., in the efficient operation and improvement of our online services) or, if the use of cookies is necessary to fulfill our contractual obligations.

Revocation and objection (opt-out): Regardless of whether processing is based on consent or legal permission, you have the right to revoke any consent given or to object to the processing of your data by cookie technologies at any time (collectively referred to as "opt-out").

You can initially declare your objection via your browser settings, e.g. by disabling the use of cookies (although this may also restrict the functionality of our online service).

An objection to the use of cookies for online marketing purposes can be declared via a variety of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/ or generally at http://optout.aboutads.info.

  • Types of data processed: Usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Affected persons: Users (e.g., website visitors, users of online services).
  • Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a GDPR), Legitimate interests (Art. 6 para. 1 sentence 1 lit. f GDPR).


Contact


When you contact us (e.g. via contact form, email, telephone or social media), the information provided by the requesting persons will be processed to the extent necessary to answer the contact requests and any requested measures.

Responding to contact requests within the framework of contractual or pre-contractual relationships is done to fulfill our contractual obligations or to answer (pre-)contractual inquiries, and otherwise on the basis of our legitimate interests in answering the inquiries.


  • Types of data processed: Inventory data (e.g. names, addresses), contact data (e.g. email, telephone numbers), content data (e.g. text entries, photographs, videos).
  • Affected persons: Communication partners.
  • Purposes of processing: Contact requests and communication.
  • Legal basis: Contract performance and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR), Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).


Provision of the online service and web hosting


To ensure the secure and efficient provision of our online services, we utilize the services of one or more web hosting providers, from whose servers (or servers they manage) the online services can be accessed. For these purposes, we may utilize infrastructure and platform services, computing capacity, storage space and database services, as well as security and technical maintenance services.

The data processed in connection with providing our hosting services may include all information relating to users of our online services that is generated during use and communication. This regularly includes the IP address, which is necessary to deliver the content of online services to browsers, and all entries made within our online services or on websites.

Email sending and hosting: The web hosting services we use also include sending, receiving, and storing emails. For these purposes, the addresses of the recipients and senders, as well as other information relating to email transmission (e.g., the providers involved) and the content of the respective emails, are processed. The aforementioned data may also be processed for spam detection purposes. Please note that emails are generally not encrypted when sent over the internet. While emails are usually encrypted during transmission, they are not encrypted on the servers from which they are sent and received (unless end-to-end encryption is used). Therefore, we cannot assume any responsibility for the security of emails during transmission between the sender and their arrival on our server.

Collection of access data and log files: We (or our web hosting provider) collect data on every access to the server (so-called server log files). Server log files may include the address and name of the accessed web pages and files, the date and time of access, the amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), and, typically, IP addresses and the requesting provider.

Server log files can be used for security purposes, e.g., to avoid overloading the servers (especially in the case of malicious attacks, so-called DDoS attacks), and to ensure server utilization and stability.


  • Types of data processed: Content data (e.g. text entries, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Affected persons: Users (e.g., website visitors, users of online services).
  • Purposes of processing: Contractual services and support.
  • Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).


Services and service providers used:


  • 1&1 IONOS: Hosting platform for e-commerce/websites; Service provider: 1&1 IONOS SE, Elgendorfer Str. 57, 56410 Montabaur, Germany; Website: https://www.ionos.de; Privacy policy: https://www.ionos.de/terms-gtc/terms-privacy.


Presence in social networks


We maintain online presences within social networks to communicate with users active there or to offer information about ourselves.

Please note that user data may be processed outside the European Union. This may pose risks for users, as it could, for example, make it more difficult to enforce their rights. With regard to US providers certified under the Privacy Shield or offering comparable guarantees of a secure level of data protection, we would like to point out that they are thereby obligated to comply with EU data protection standards.

Furthermore, user data within social networks is generally processed for market research and advertising purposes. For example, user profiles can be created based on usage patterns and the resulting user interests. These user profiles can then be used to display advertisements both within and outside the networks that are presumably tailored to the users' interests. For these purposes, cookies are typically stored on users' computers, recording their usage patterns and interests. Additionally, user profiles can also store data independent of the devices used by the users (especially if the users are members of the respective platforms and are logged in).

For a detailed description of the respective processing methods and the options for objecting (opt-out), we refer to the privacy policies and information provided by the operators of the respective networks.

Regarding requests for information and the assertion of data subject rights, we would like to point out that these can be most effectively addressed directly with the service providers. Only the providers have access to user data and can take appropriate action and provide information directly. However, should you require assistance, you can contact us.


  • Types of data processed: Inventory data (e.g. names, addresses), contact data (e.g. email, telephone numbers), content data (e.g. text entries, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Affected persons: Users (e.g., website visitors, users of online services).
  • Purposes of processing: Contact requests and communication, tracking (e.g. interest-/behavior-related profiling, use of cookies), remarketing, reach measurement (e.g. access statistics, recognition of returning visitors).
  • Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).


Services and service providers used:


  • Facebook: Social network; Service provider: Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland; Parent company: Facebook, 1 Hacker Way, Menlo Park, CA 94025, USA; Website: https://www.facebook.com; Privacy policy: https://www.facebook.com/about/privacy; Privacy Shield (guaranteeing a level of data protection when processing data in the USA): https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active; Opt-out option: Ad settings: https://www.facebook.com/settings?tab=ads; Additional information on data protection: Agreement on joint processing of personal data on Facebook Pages: https://www.facebook.com/legal/terms/page_controller_addendum, Data protection information for Facebook Pages: https://www.facebook.com/legal/terms/information_about_page_insights_data.


Planning, organization and tools


We use services, platforms, and software from other providers (hereinafter referred to as "third-party providers") for the purposes of organizing, managing, planning, and delivering our services. We comply with legal requirements when selecting third-party providers and their services.

Within this framework, personal data may be processed and stored on the servers of third-party providers. This may involve various types of data, which we process in accordance with this privacy policy. This data may include, in particular, master data and contact details of users, data relating to transactions, contracts, other processes, and their content.

If users are referred to third-party providers or their software or platforms in the course of communication, business, or other relationships with us, these third-party providers may process usage data and metadata for security, service optimization, or marketing purposes. We therefore ask you to review the privacy policies of the respective third-party providers.

Information on the legal basis: If we ask users for their consent to the use of third-party providers, the legal basis for processing data is that consent. Furthermore, their use may be part of our (pre-)contractual services, provided that the use of third-party providers has been agreed upon within this framework. Otherwise, user data is processed based on our legitimate interests (i.e., our interest in efficient, economical, and user-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this privacy policy.


  • Types of data processed: Inventory data (e.g. names, addresses), contact data (e.g. email, telephone numbers), content data (e.g. text entries, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Affected persons: Communication partners, users (e.g. website visitors, users of online services).
  • Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a GDPR), performance of a contract and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b GDPR), legitimate interests (Art. 6 para. 1 sentence 1 lit. f GDPR).


Deletion of data


The data we process will be deleted in accordance with legal requirements as soon as the consents allowing its processing are revoked or other permissions cease to apply (e.g., if the purpose of processing this data no longer exists or it is no longer necessary for that purpose).

Unless the data is deleted because it is required for other legally permissible purposes, its processing will be restricted to those purposes. This means the data will be blocked and not processed for any other purpose. This applies, for example, to data that must be retained for commercial or tax law reasons, or whose storage is necessary for the establishment, exercise, or defense of legal claims, or for the protection of the rights of another natural or legal person.

Further information regarding the deletion of personal data can also be found in the individual data protection notices of this privacy policy.

 

Changes and updates to the privacy policy


We ask that you regularly review the content of our privacy policy. We will update the privacy policy as soon as changes to our data processing activities make this necessary. We will inform you if any changes require action on your part (e.g., consent) or any other individual notification.

 

Rights of data subjects


As a data subject, you have various rights under the GDPR, which arise in particular from Articles 15 to 18 and 21 of the GDPR:

  • 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 Article 6(1) of the GDPR, including profiling based on those provisions. Where personal data concerning you 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.
  • Right of withdrawal for consents: You have the right to withdraw any consent you have given at any time.
  • Right to information: You have the right to request confirmation as to whether data concerning you is being processed, and to access this data as well as further information and a copy of the data in accordance with legal requirements.
  • Right to rectification: In accordance with legal requirements, you have the right to request the completion of your personal data or the correction of inaccurate personal data concerning you.
  • Right to erasure and restriction of processing: In accordance with legal requirements, you have the right to request that data concerning you be erased without undue delay, or alternatively, in accordance with legal requirements, to request a restriction of the processing of the data.
  • Right to data portability: You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format, or to request its transmission to another controller, in accordance with the legal requirements.
  • Right to lodge a complaint with a supervisory authority: You also have the right, in accordance with legal requirements, to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, your place of work or the place of the alleged infringement, if you believe that the processing of personal data relating to you infringes the GDPR.


Definitions of terms


This section provides an overview of the terms used in this privacy policy. Many of the terms are taken from the law and are defined primarily in Article 4 of the GDPR. The legal definitions are binding. The following explanations, however, are intended primarily to aid understanding. The terms are listed alphabetically.


  • Personal data: "Personal data" means any information relating to an identified or identifiable natural person (hereinafter referred to as "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 (e.g. a cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
  • Audience measurement: Audience measurement (also known as web analytics) is used to analyze visitor traffic to an online service and can include visitors' behavior or interests in specific information, such as website content. With the help of audience analysis, website owners can, for example, determine when visitors access their website and which content they are interested in. This allows them to better tailor the website content to their visitors' needs. Pseudonymous cookies and web beacons are frequently used for audience analysis to recognize returning visitors and thus obtain more accurate analyses of online service usage.
  • Remarketing: The term "remarketing" or "retargeting" refers to the practice of recording, for advertising purposes, which products a user has shown interest in on a website, in order to remind the user of these products on other websites, e.g., in advertisements.
  • Tracking: "Tracking" refers to the process of observing user behavior across multiple online services. Typically, behavioral and interest information related to the online services used is stored in cookies or on the servers of the tracking technology providers (so-called profiling). This information can then be used, for example, to display advertisements to users that are likely to match their interests.
  • Controller: The term "controller" refers to 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.
  • Processing: "Processing" means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means. The term is broad and encompasses virtually any handling of data, be it collection, analysis, storage, transmission, or erasure.


Created with Datenschutz-Generator.de by Dr. jur. Thomas Schwenke