A legal disclaimer
Table of Contents
Controller
Overview of Processing Activities
Applicable Legal Bases
General Information on Data Storage and Deletion
Business Services
Provision of Online Offerings and Web Hosting
Contact and Inquiry Management
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Controller
Briem, Dierkes & Kirchdorfer GbR
Gartenfeldstraße 59
68169 Mannheim
Email Address: janpaulbriem@gmx.de
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Overview of Processing Activities
The following overview summarizes the types of data processed, the purposes of their processing, and the affected individuals.
Types of Processed Data
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Inventory data
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Payment data
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Contact data
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Content data
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Contract data
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Usage data
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Meta, communication, and procedural data
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Log data
Categories of Affected Individuals
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Recipients and contractors
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Interested parties
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Communication partners
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Users
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Business and contractual partners
Purposes of Processing
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Provision of contractual services and fulfillment of contractual obligations
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Communication
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Office and organizational procedures
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Organizational and administrative procedures
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Feedback
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Provision of our online offerings and user-friendliness
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Information technology infrastructure
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Business processes and economic procedures
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Applicable Legal Bases
The following provides an overview of the legal bases under the GDPR on which we process personal data. Please note that in addition to the GDPR regulations, national data protection regulations may apply in your or our country of residence or headquarters. If specific legal bases are relevant in individual cases, we will inform you of these in the privacy policy.
Contractual Fulfillment and Pre-contractual Inquiries (Art. 6(1)(1)(b) GDPR) - Processing is necessary for the performance of a contract to which the data subject is a party or to take steps at the request of the data subject prior to entering into a contract.
Legal Obligation (Art. 6(1)(1)(c) GDPR) - Processing is necessary for compliance with a legal obligation to which the controller is subject.
Legitimate Interests (Art. 6(1)(1)(f) GDPR) - Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, provided that such interests are not 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 GDPR, national data protection regulations apply in Germany. This includes, in particular, the Federal Data Protection Act (BDSG), which contains specific provisions on the right to information, the right to deletion, the right to object, the processing of special categories of personal data, processing for other purposes, and transmission as well as automated decision-making in individual cases including profiling. State data protection laws of individual federal states may also apply.
Notice on the Application of GDPR and Swiss DSG: These data protection notices are intended to provide information under both the Swiss DSG and the GDPR. Therefore, please note that due to the broader geographical application and understandability, the terms of the GDPR are used. Specifically, instead of the terms used in the Swiss DSG such as "processing" of "personal data," "overriding interest," and "sensitive personal data," the GDPR terms "processing" of "personal data," "legitimate interest," and "special categories of data" are used. The legal meaning of the terms, however, remains determined by the Swiss DSG within its scope of application.
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General Information on Data Storage and Deletion
We delete personal data that we process in accordance with legal requirements as soon as the underlying consents are revoked or there are no further legal grounds for the processing. This applies to cases where the original purpose of processing no longer exists or the data is no longer needed. Exceptions to this rule apply if legal obligations or special interests require longer retention or archiving of the data.
Specifically, data that must be retained for commercial or tax law reasons or whose storage is necessary for legal prosecution or the protection of the rights of other natural or legal persons must be archived accordingly.
Our data protection notices contain additional information on the retention and deletion of data, which specifically apply to certain processing activities.
In cases of multiple indications for retention periods or deletion deadlines of data, the longest period always applies.
If a period does not explicitly start on a specific date and is at least one year, it automatically begins at the end of the calendar year in which the triggering event occurred. In the case of ongoing contractual relationships, during which data is stored, the triggering event is the time of the effectiveness of termination or other termination of the legal relationship.
Data that is no longer needed for the originally intended purpose but is kept due to legal requirements or other reasons will be processed exclusively for the reasons justifying their retention.
Further Notes on Processing Activities, Procedures, and Services:
Data Retention and Deletion: The following general retention periods apply under German law:
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10 years: Retention period for books and records, annual financial statements, inventories, management reports, opening balance sheets, as well as the necessary instructions and other organizational documents required to understand them, booking records, and invoices (§ 147(3) in conjunction with § 147(1) Nos. 1, 4, and 4a AO, § 14b(1) UStG, § 257(1) Nos. 1 and 4, § 257(4) HGB).
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6 years: Other business documents: received commercial or business letters, copies of sent commercial or business letters, other documents significant for taxation, e.g., hourly wage slips, operating calculation sheets, calculation documents, price quotations, but also payroll documents not already booking records and cash register strips (§ 147(3) in conjunction with § 147(1) Nos. 2, 3, 5 AO, § 257(1) Nos. 2 and 3, § 257(4) HGB).
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3 years: Data necessary to consider potential warranty and damage compensation claims or similar contractual claims and rights, and related inquiries, based on past business experience and common industry practices, are stored for the duration of the regular statutory limitation period of three years (§§ 195, 199 BGB).
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Business Services
We process data from our contractual and business partners, e.g., customers and interested parties (collectively referred to as "contractual partners"), within the scope of contractual and comparable legal relationships as well as related measures and in terms of communication with the contractual partners (or pre-contractually), such as to respond to inquiries.
We use this data to fulfill our contractual obligations. This includes, in particular, obligations to provide agreed services, any updating obligations, and remedying warranty and other performance disruptions. Additionally, we use the data to safeguard our rights and for the purposes of administrative tasks associated with these obligations as well as corporate organization. Furthermore, we process the data based on our legitimate interests in proper and economic business management as well as security measures to protect our contractual partners and our business operations from misuse, danger to their data, secrets, information, and rights (e.g., involving telecommunications, transport and other auxiliary services, as well as subcontractors, banks, tax and legal advisers, payment service providers, or tax authorities). Within the applicable law, we only disclose the data of contractual partners to third parties as far as this is necessary for the aforementioned purposes or for fulfilling legal obligations. We inform the contractual partners of further forms of processing, such as for marketing purposes, within this privacy policy.
We inform the contractual partners which data is required for the aforementioned purposes before or during the data collection process, e.g., in online forms, through special markings (e.g., colors) or symbols (e.g., asterisks or similar), or personally.
We delete the data after the expiry of statutory warranty and comparable obligations, i.e., generally after four years, unless the data is stored in a customer account, e.g., as long as it is retained for legal reasons of archiving (e.g., for tax purposes generally ten years). Data disclosed to us by the contractual partner within the scope of an order will be deleted according to the specifications and generally after the end of the order.
Processed Data Types: Inventory data (e.g., full name, residential address, contact information, customer number, etc.); Payment data (e.g., bank account details, invoices, payment history); Contact data (e.g., postal and email addresses or phone numbers); Contract data (e.g., contract subject, duration, customer category).
Affected Persons: Recipients and contractors; Interested parties. Business and contractual partners.
Purposes of Processing: Provision of contractual services and fulfillment of contractual obligations; Communication; Office and organizational procedures; Organizational and administrative procedures. Business processes and economic procedures.
Retention and Deletion: Deletion according to the specifications in the section "General Information on Data Storage and Deletion".
Legal Bases: Contractual fulfillment and pre-contractual inquiries (Art. 6(1)(1)(b) GDPR); Legal obligation (Art. 6(1)(1)(c) GDPR). Legitimate interests (Art. 6(1)(1)(f) GDPR).
Further Notes on Processing Activities, Procedures, and Services:
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Provision of Online Offerings and Web Hosting
We process the data of users to provide them with our online services. For this purpose, we process the user's IP address, which is necessary to deliver the content and functions of our online services to the user's browser or device.
Processed Data Types: Usage data (e.g., page views and duration of stay, click paths, usage intensity and frequency, device types used and operating systems, interactions with content and functions); Meta, communication, and procedural data (e.g., IP addresses, timestamps, identification numbers, involved persons); Log data (e.g., IP address, logins).
Affected Persons: Users (e.g., website visitors, users of online services).
Purposes of Processing: Provision of our online offerings and user-friendliness; Information technology infrastructure.
Retention and Deletion: Deletion according to the specifications in the section "General Information on Data Storage and Deletion".
Legal Bases: Legitimate interests (Art. 6(1)(1)(f) GDPR).
Further Notes on Processing Activities, Procedures, and Services:
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Contact and Inquiry Management
When contacting us (e.g., via contact form, email, telephone, or social media) and in the course of existing user and business relationships, the information provided by the inquiring persons is processed as far as this is necessary to respond to the contact inquiries and any requested measures.
Processed Data Types: Contact data (e.g., email address, phone number); Content data (e.g., messages).
Affected Persons: Communication partners.
Purposes of Processing: Communication; Contact inquiries and communication.
Retention and Deletion: Deletion according to the specifications in the section "General Information on Data Storage and Deletion".
Legal Bases: Legitimate interests (Art. 6(1)(1)(f) GDPR).