Data protection declaration of TGM Consult

This data protection declaration informs you about the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the websites, functions and content associated with it as well as external online presences, such as our social media profile (hereinafter collectively referred to as the “online offer”). With regard to the terms used, such as “processing” or “responsible person”, we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).

RESPONSIBLE

TGM Consult
Dr. Thomas Schmidt
Tabakswinkel 8, D-37139 Adelebsen
Mobile.: +49 163 5067215
Email: mail@tgm-consult.com
Link to the imprint: https://tgm-consult.com/imprint/
No data protection officer has been appointed.

TYPES OF DATA PROCESSED:

– Inventory data (e.g., names, addresses).
– Contact details (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).

CATEGORIES OF AFFECTED PERSONS

Visitors and users of the online offering (hereinafter we refer to the affected persons collectively as “users”).

PURPOSE OF PROCESSING

– Provision of the online offer, its functions and content.
– Answering contact requests and communicating with users.
– Safety measures.
– Reach measurement/marketing

TERMS USED

“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); A natural person is considered identifiable if he or she 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. cookie) or one or more special features, which are an expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.

“Processing” means any operation or series of operations relating to personal data, carried out with or without the aid of automated procedures. The term is broad and encompasses virtually every way data is handled.

“Pseudonymization” means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures that ensure that the personal data not be assigned to an identified or identifiable natural person.

“Profiling” means any type of automated processing of personal data, which consists in using that personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation, health, personal Analyze or predict the preferences, interests, reliability, behavior, location or movements of that natural person.

The “controller” is the natural or legal person, public authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.

“Processor” means a natural or legal person, public authority, institution or other body that processes personal data on behalf of the controller.

APPLICABLE LEGAL BASIS

In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not stated in the data protection declaration, the following applies: The legal basis for obtaining consent is Article 6 Paragraph 1 Letter a and Article 7 GDPR, the legal basis for processing to fulfill our services and implement contractual measures as well Answering inquiries is Art. 6 Para. 1 lit. b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 Para. 1 lit. c GDPR, and the legal basis for processing to protect our legitimate interests is Art 6 Paragraph 1 Letter f GDPR. In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6 (1) (d) GDPR serves as the legal basis.

SAFETY MEASURES

We take appropriate technical measures in accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of the processing as well as the different probability of occurrence and severity of the risk for the rights and freedoms of natural persons and organizational measures to ensure a level of protection appropriate to the risk.

The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, distribution, ensuring availability and its separation. We have also set up procedures to ensure the exercise of the rights of those affected, the deletion of data and the response to threats to data. We also take the protection of personal data into account when developing or selecting hardware, software and processes, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 GDPR).

COLLABORATION WITH PROCESSORS AND THIRD PARTIES

If, as part of our processing, we disclose data to other people and companies (contract processors or third parties), transmit it to them or otherwise grant them access to the data, this only takes place on the basis of legal permission (e.g. if the data is transmitted to third parties, such as to payment service providers, in accordance with Art. 6 Paragraph 1 lit.

If we commission third parties to process data on the basis of a so-called “order processing contract”, this is done on the basis of Art. 28 GDPR.

TRANSFERS TO THIRD COUNTRIES

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs as part of the use of third-party services or disclosure or transmission of data to third parties, this will only occur if it is done to fulfill our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or have the data processed in a third country if the special requirements of Art. 44 ff. GDPR are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level that corresponds to the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).

RIGHTS OF THE DATA SUBJECTS

You have the right to request confirmation as to whether the data in question is being processed and to receive information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.

You have accordingly. Art. 16 GDPR gives you the right to request that the data concerning you be completed or that incorrect data concerning you be corrected.

In accordance with Art. 17 GDPR, you have the right to demand that the data in question be deleted immediately, or alternatively, in accordance with Art. 18 GDPR, to request a restriction on the processing of the data.

You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.

In accordance with Article 77 of the GDPR, you also have the right to lodge a complaint with the responsible supervisory authority.

RIGHT OF WITHDRAWAL

You have the right to revoke your consent in accordance with Article 7 Paragraph 3 of the GDPR with effect for the future

RIGHT TO OBJECT

You can object to the future processing of your data at any time in accordance with Art. 21 GDPR. The objection can in particular be made against processing for direct advertising purposes.

COOKIES AND RIGHT TO OBJECT TO DIRECT ADVERTISING
“Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offering. Temporary cookies, or “session cookies” or “transient cookies,” are cookies that are deleted after a user leaves an online offering and closes their browser. Such a cookie can, for example, store the contents of a shopping cart in an online shop or a login status. Cookies that remain stored even after the browser is closed are referred to as “permanent” or “persistent”. For example, the login status can be saved if users visit it after several days. The interests of users can also be stored in such a cookie, which is used for range measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the person responsible for operating the online offering (otherwise, if they are only their cookies, they are referred to as “first-party cookies”).

We can use temporary and permanent cookies and explain this in our data protection declaration.

If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Saved cookies can be deleted in the browser’s system settings. The exclusion of cookies can lead to functional restrictions of this online offer.

A general objection to the use of cookies used for online marketing purposes can be made for a large number 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/ can be explained. Furthermore, the storage of cookies can be achieved by switching them off in the browser settings. Please note that not all functions of this online offer may then be able to be used.

DELETION OF DATA
The data we process will be deleted or its processing will be restricted in accordance with Articles 17 and 18 of the GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any legal retention obligations. Unless the data is deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.

According to legal requirements in Germany, storage takes place in particular for 10 years in accordance with Sections 147 Paragraph 1 AO, 257 Paragraph 1 Nos. 1 and 4, Paragraph 4 HGB (books, records, management reports, accounting documents, trading books, more relevant for taxation). documents, etc.) and 6 years in accordance with Section 257 Paragraph 1 Nos. 2 and 3, Paragraph 4 HGB (commercial letters).

According to legal requirements in Austria, storage takes place in particular for 7 years in accordance with Section 132 Paragraph 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statements of income and expenses, etc.), for 22 years in connection with real estate and for 10 years for documents relating to electronically provided services, telecommunications, radio and television services that are provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.

PROVISION OF OUR STATUTORY AND BUSINESS SERVICES
We process the data of our members, supporters, interested parties, customers or other persons in accordance with Article 6 Paragraph 1 Letter b. GDPR, provided we offer you contractual services or act within the framework of an existing business relationship, e.g. with members, or are ourselves recipients of services and benefits. Furthermore, we process the data of data subjects in accordance with Article 6 Paragraph 1 Letter f of the GDPR on the basis of our legitimate interests, e.g. when it concerns administrative tasks or public relations.

The data processed here, the type, scope and purpose and necessity of their processing are determined by the underlying contractual relationship. This generally includes inventory and master data of the persons (e.g., name, address, etc.), as well as contact details (e.g., email address, telephone, etc.), contract data (e.g., services used, content communicated and Information, names of contact persons) and, if we offer paid services or products, payment data (e.g., bank details, payment history, etc.).

We delete data that is no longer necessary to fulfill our statutory and business purposes. This is determined according to the respective tasks and contractual relationships. In the case of commercial processing, we retain the data for as long as it may be relevant to the transaction and with regard to any warranty or liability obligations. The necessity of retaining the data is reviewed every three years; Otherwise, the statutory retention requirements apply.

REGISTRATION FUNCTION
Users can create a user account. As part of the registration, the required mandatory information is communicated to the users and processed on the basis of Article 6 Paragraph 1 Letter b GDPR for the purposes of providing the user account. The data processed includes, in particular, login information (name, password and an email address). The data entered during registration will be used for the purposes of using the user account and its purpose.

Users can be informed by email about information relevant to their user account, such as technical changes. If users have terminated their user account, their data relating to the user account will be deleted, subject to a legal retention requirement. It is the users‘ responsibility to back up their data before the end of the contract if the contract is terminated. We are entitled to irretrievably delete all user data stored during the term of the contract.

As part of the use of our registration and login functions and the use of the user account, the IP address and the time of the respective user action are stored. The storage is based on our legitimate interests, as well as the user’s protection against misuse and other unauthorized use. In principle, this data will not be passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Article 6 (1) (c) GDPR. The IP addresses will be anonymized or deleted after 7 days at the latest.

COMMENTS AND CONTRIBUTIONS
If users leave comments or other contributions, their IP addresses may be stored for 7 days based on our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. GDPR. This is done for our security if someone leaves illegal content in comments and posts (insults, forbidden political propaganda, etc.). In this case, we ourselves can be prosecuted for the comment or contribution and are therefore interested in the identity of the author.

We also reserve the right to process user information for spam detection based on our legitimate interests in accordance with Article 6 Paragraph 1 Letter f of the GDPR.

On the same legal basis, in the case of surveys, we reserve the right to store users‘ IP addresses for their duration and to use cookies to avoid multiple voting.

The data provided in the comments and posts will be permanently stored by us until the user objects.

COMMENT SUBSCRIPTIONS
The follow-up comments can be subscribed to by users with their consent in accordance with Article 6 (1) (a) GDPR. Users receive a confirmation email to check whether they are the owner of the email address they entered. Users can unsubscribe from ongoing comment subscriptions at any time. The confirmation email will contain information about the cancellation options. For the purpose of proving users‘ consent, we store the registration time along with the users‘ IP address and delete this information when users unsubscribe from the subscription.

You can cancel your subscription to our subscription network at any time, i.e. revoke your consent. We can store the unsubscribed email addresses for up to three years based on our legitimate interests before deleting them in order to be able to prove that consent was previously given. The processing of this data is limited to the purpose of possible defense against claims. An individual request for deletion is possible at any time, provided that the previous existence of consent is confirmed at the same time.

AKISMET ANTI-SPAM CHECK
Our online offering uses the “Akismet” service, which is offered by Automattic Inc., 60 29th Street #343, San Francisco, CA 94110, USA. The use is based on our legitimate interests within the meaning of Article 6 Paragraph 1 Letter f) GDPR. With the help of this service, comments from real people are distinguished from spam comments. For this purpose, all comment information is sent to a server in the USA, where it is analyzed and stored for four days for comparison purposes. If a comment is classified as spam, the data will be stored beyond this time. This information includes the name entered, the email address, the IP address, the comment content, the referrer, information about the browser used and the computer system and the time of the entry.

Further information on Akismet’s collection and use of data can be found in Automattic’s data protection information: https://automattic.com/privacy/.

Users are welcome to use pseudonyms or forgo entering their name or email address. You can completely prevent the transfer of data by not using our comment system. That would be a shame, but unfortunately we don’t see any other alternatives that work as effectively.

ACCESSING PROFILE PICTURES FROM GRAVATAR
We use the Gravatar service from Automattic Inc., 60 29th Street #343, San Francisco, CA 94110, USA within our online offering and in particular in the blog.

Gravatar is a service where users can register and store profile pictures and their email addresses. If users leave posts or comments with the respective email address on other online presences (especially in blogs), their profile pictures can be displayed next to the posts or comments. For this purpose, the email address provided by the user is sent to Gravatar in encrypted form to check whether a profile has been saved for it. This is the sole purpose of transmitting the email address and it will not be used for other purposes but will be deleted afterwards.

The use of Gravatar is based on our legitimate interests within the meaning of Article 6 Paragraph 1 Letter f) GDPR, as with the help of Gravatar we offer post and comment authors the opportunity to personalize their posts with a profile picture.

By displaying the images, Gravatar learns the user’s IP address, as this is necessary for communication between a browser and an online service. Further information on Gravatar’s collection and use of data can be found in Automattic’s data protection information: https://automattic.com/privacy/.

If users do not want a user image linked to their Gravatar email address to appear in the comments, they should use an email address that is not stored with Gravatar to comment. We would also like to point out that it is also possible to use an anonymous email address or no email address at all if users do not want their own email address to be sent to Gravatar. Users can completely prevent the transmission of data by not using our comment system.

COLLECTION OF EMOJIS AND SMILIES
Our WordPress blog uses graphic emojis (or smilies), i.e. small graphic files that express feelings, which are obtained from external servers. The server providers collect the IP addresses of the users. This is necessary so that the emoji files can be delivered to users‘ browsers. The Emojie service is provided by Automattic Inc., 60 29th Street #343, San Francisco, CA 94110, USA. Automattic data protection information: https://automattic.com/privacy/. The server domains used are s.w.org and twemoji.maxcdn.com, which, as far as we know, are so-called content delivery networks, i.e. servers that only serve to quickly and securely transmit files and the users‘ personal data deleted after transmission.

The use of the emojis is based on our legitimate interests, i.e. interest in an attractive design of our online offering in accordance with Art. 6 Para. 1 lit. f. GDPR.

CONTACT
When contacting us (e.g. via contact form, email, telephone or via social media), the user’s information is processed to process the contact request and process it in accordance with Article 6 Paragraph 1 Letter b) GDPR. User information can be stored in a customer relationship management system (“CRM system”) or comparable inquiry organization.

We delete the requests if they are no longer necessary. We review the necessity every two years; The statutory archiving obligations also apply.

HOSTING AND EMAIL DELIVERY
The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, email delivery, security services and technical maintenance services, which we use for the purpose of operating this online offering.

In doing so, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data from customers, interested parties and visitors to this online offering based on our legitimate interests in the efficient and secure provision of this online offering in accordance with Art. 6 Para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of order processing contract).

COLLECTION OF ACCESS DATA AND LOG FILES
We, or our hosting provider, collect data about every access to the server on which this service is located (so-called server log files) based on our legitimate interests within the meaning of Article 6 Paragraph 1 Letter f of the GDPR. The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider .

Log file information is stored for security reasons (e.g. to investigate acts of abuse or fraud) for a maximum of 7 days and then deleted. Data whose further storage is necessary for evidentiary purposes is excluded from deletion until the respective incident has been finally clarified.

JETPACK (WORDPRESS STATS)
Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 Para. 1 lit. f. GDPR), we use the Jetpack plugin (here the sub-function “Wordpress Stats”), which is a Tool for statistical evaluation of visitor access and from Automattic Inc., 60 29th Street #343, San Francisco, CA 94110, USA. Jetpack uses so-called “cookies”, text files that are stored on your computer and that enable your use of the website to be analyzed.

The information generated by the cookie about your use of this online offering is stored on a server in the USA. User profiles can be created from the processed data, which are only used for analysis and not for advertising purposes. For more information, see Automattic’s privacy policy: https://automattic.com/privacy/ and Jetpack cookie notice: https://jetpack.com/support/cookies/.

RANGE MEASUREMENT WITH MATOMO
As part of Matomo’s reach analysis, the following data is processed based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 Para. 1 lit. f. GDPR): the browser type you use and the browser version, the operating system you use, your country of origin, the date and time of the server request, the number of visits, the length of time you stay on the website and the external links you click on. The user’s IP address is anonymized before it is saved.

Matomo uses cookies that are stored on the user’s computer and enable an analysis of how users use our online offering. Pseudonymous user profiles can be created from the processed data. The cookies have a storage period of one week. The information generated by the cookie about your use of this website is only stored on our server and is not passed on to third parties.

Users can object to the anonymized data collection by the Matomo program at any time with future effect by clicking on the link below. In this case, a so-called opt-out cookie is stored in your browser, which means that Matomo no longer collects any session data. However, if users delete their cookies, this means that the opt-out cookie is also deleted and therefore has to be reactivated by the users.

The logs with user data will be deleted after 6 months at the latest.

[At this point, please insert the IFRAME from Matomo with the opt-out cookie (and switch on IP anonymization in the settings area)].

ONLINE PRESENCES IN SOCIAL MEDIA
We maintain online presences within social networks and platforms in order to be able to communicate with customers, interested parties and users who are active there and inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.

Unless otherwise stated in our data protection declaration, we process users‘ data if they communicate with us on social networks and platforms, e.g. write posts on our online presence or send us messages.

INTEGRATION OF THIRD PARTY SERVICES AND CONTENT
Within our online offering, we use content or service offerings from third-party providers based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 Para. 1 lit. f. GDPR) in order to improve their content and Integrate services such as videos or fonts (hereinafter referred to as “content”).

This always assumes that the third party providers of this content are aware of the user’s IP address, as without the IP address they would not be able to send the content to their browser. The IP address is therefore required to display this content. We strive to only use content whose respective providers only use the IP address to deliver the content. Third parties may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information can also be stored in cookies on the user’s device and may contain, among other things, technical information about the browser and operating system, referring websites, visiting time and other information about the use of our online offering, as well as being linked to such information from other sources.

GOOGLE FONTS
We incorporate the fonts (“Google Fonts”) from the provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection declaration: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.

GOOGLE RECAPTCHA
We include the function to detect bots, e.g. when entering online forms (“ReCaptcha”) from the provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection declaration: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.

GOOGLE MAPS
We incorporate the maps from the “Google Maps” service provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. The data processed may include, in particular, users‘ IP addresses and location data, which, however, are not collected without their consent (usually carried out as part of the settings of their mobile devices). The data can be processed in the USA. Data protection declaration: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.

YOUTUBE
We integrate the videos from the “YouTube” platform of the provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection declaration: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.

USE OF FACEBOOK SOCIAL PLUGINS
Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 Para. 1 lit. f. GDPR), we use social plugins (“plugins”) from the social network facebook.com, which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”). The plugins can display interaction elements or content (e.g. videos, graphics or text posts) and can be recognized by one of the Facebook logos (white “f” on a blue tile, the terms “Like”, “Like” or a “thumbs up” sign ) or are marked with the addition “Facebook Social Plugin”. The list and appearance of the Facebook social plugins can be viewed here: https://developers.facebook.com/docs/plugins/.

Facebook is certified under the Privacy Shield Agreement and thereby offers a guarantee that it will comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

When a user accesses a function of this online offering that contains such a plugin, their device establishes a direct connection to the Facebook servers. The content of the plugin is transmitted by Facebook directly to the user’s device and integrated into the online offering. User usage profiles can be created from the processed data. We therefore have no influence on the amount of data that Facebook collects with the help of this plugin and therefore inform users according to our level of knowledge.

By integrating the plugins, Facebook receives the information that a user has accessed the corresponding page of the online offering. If the user is logged in to Facebook, Facebook can assign the visit to their Facebook account. When users interact with the plugins, for example by clicking the Like button or leaving a comment, the corresponding information is transmitted from your device directly to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will find out and store their IP address. According to Facebook, only an anonymized IP address is stored in Germany.

The purpose and scope of data collection and the further processing and use of the data by Facebook as well as the related rights and setting options to protect the privacy of users can be found in Facebook’s data protection information: https://www.facebook.com/about/privacy/ .

If a user is a Facebook member and does not want Facebook to collect data about them via this online offering and link it to their member data stored on Facebook, they must log out of Facebook and delete their cookies before using our online offering. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US website http://www.aboutads.info /choices/ or the EU site http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.

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