Privacy Policy

I. Name and Address of the Controller

The controller within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the Member States as well as other data protection regulations is:

ISBA Informatik Service-Gesellschaft mbH

Barmbeker Straße 4A

22303 Hamburg

Germany

Represented by the Management Board:

Jan Otto Buhr

Bettina Hoffmann

Contact:

Phone: +49 (0) 40 / 73 43 5678 – 0

Fax: +49 (0) 40 / 73 43 5678 – 1

Email: isba@isba.de / jan.buhr@isba.de

Website: www.isba.de

II. Name and Address of the Data Protection Officer

The data protection officer of the controller is:

Dipl.-Informationsjurist Michael Schidler

Certified Data Protection Officer (TÜV)

DATENSCHUTZKANZLEI

Herting Oberbeck Datenschutz GmbH

Sillemstraße 60a

20257 Hamburg

Germany

Phone: +49 (0) 40 / 228 691 14 0

Email: datenschutzbeauftragter@isba.de

III. General Information on Data Processing

1. Scope of Processing of Personal Data

We fundamentally process personal data of our users only insofar as this is necessary to provide a functional website as well as our content and services. The processing of personal data of our users regularly takes place only with the user’s consent. An exception applies in those cases where obtaining prior consent is not possible for practical reasons and the processing of the data is permitted by statutory provisions.

2. Legal Basis for the Processing of Personal Data

  • Insofar as we obtain the consent of the data subject for processing operations of personal data, Art. 6(1)(a) GDPR serves as the legal basis.
  • When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6(1)(b) GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.
  • Insofar as processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6(1)(c) GDPR serves as the legal basis.
  • In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6(1)(d) GDPR serves as the legal basis.
  • If the processing is necessary for the storage of cookies or for accessing information in the user’s terminal equipment, Section 25(1) TDDG (if consented to) or Section 25(2) TDDG (if strictly necessary) additionally serves as the legal basis.
  • If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights, and freedoms of the data subject do not outweigh the former interest, Art. 6(1)(f) GDPR serves as the legal basis for processing.

3. Data Erasure and Storage Duration

The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. Storage may also take place if this has been provided for by the European or national legislator in Union regulations, laws, or other provisions to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned norms expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.

IV. Provision of the Website, Creation of Log Files, and CMS

1. Description and Scope of Data Processing

Every time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer. The following data is collected:

  • (1) Information about the browser type and the version used
  • (2) The user’s operating system
  • (3) The user’s internet service provider
  • (4) The user’s IP address
  • (5) Date and time of access
  • (6) Websites from which the user’s system reaches our website
  • (7) Websites accessed by the user’s system via our website

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

WordPress & Elementor Processing Note:

This website is based on the WordPress Content Management System (CMS) and uses the Elementor design plugin for visual design. The processing of the technical data mentioned above takes place locally on the servers of our web hoster. Neither WordPress nor Elementor transfer these server log files to unauthorized third parties on their own initiative in their standard configuration.

2. Legal Basis for Data Processing

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

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 user’s IP address must remain stored for the duration of the session.

Storage in log files is done to ensure the functionality of the website. In addition, the data serves us to optimize 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 constitute our legitimate interest in data processing pursuant to Art. 6(1)(f) GDPR.

4. Duration of Storage

The data will be deleted as soon as it is no longer necessary to achieve the purpose of its collection. In the case of collecting data for the provision of the website, this is the case when the respective session has ended.

In the case of storing data in log files, this is the case after a maximum of seven days. Further storage is possible. In this case, the IP addresses of the users are deleted or masked, so that an assignment of the accessing client is no longer possible.

5. Possibility of Objection and Elimination

The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

V. Contact Options (Email, Phone, and Contact Forms)

1. Description and Scope of Data Processing

On our homepage, it is possible to contact us via the provided email address, by phone, or via an integrated contact form (if applicable). In this case, the user’s personal data transmitted with the email or the entry mask (e.g., name, email address, phone number, content of the message) will be stored.

In this context, the data is not passed on to third parties. The data is used exclusively for processing the conversation.

2. Legal Basis for Data Processing

  • The legal basis for processing the data is Art. 6(1)(a) GDPR if the user has given consent.
  • The legal basis for processing data transmitted in the course of sending an email or an inquiry is Art. 6(1)(f) GDPR.
  • If the contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6(1)(b) GDPR.

3. Purpose of Data Processing

The processing of personal data serves us solely to process the contact request. This also constitutes the necessary legitimate interest in processing the data. Any other personal data processed during a submission process serves to prevent misuse of the contact form and to ensure the security of our information technology systems.

4. Duration of Storage

The data will be deleted as soon as it is no longer necessary to achieve the purpose of its collection. For personal data sent via email or contact form, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been conclusively clarified.

Any additional personal data collected automatically during the submission process will be deleted after a period of seven days at the latest.

5. Possibility of Objection and Elimination

The user has the option to revoke their consent to the processing of personal data at any time. If the user contacts us, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued. All personal data stored in the course of contacting us will be deleted in this case, provided that statutory retention periods do not prevent erasure.

VI. Third-Party Tools and Plugins

1. Calendly (Online Appointment Booking)

We offer the option to schedule appointments online on our website. For this purpose, we use the service Calendly. The provider is Calendly LLC, 271 17th St NW, Ste 1000, Atlanta, GA 30363, USA.

When you use the integrated tool for booking appointments, the data you enter (e.g., name, email address, phone number, desired date) as well as your IP address are transmitted to Calendly and stored on their servers in the USA.

The use of Calendly is based on Art. 6(1)(b) GDPR, provided that the appointment agreement serves to perform a contract or to carry out pre-contractual measures. In all other cases, processing is based on our legitimate interest in fast and efficient appointment organization (Art. 6(1)(f) GDPR) or on your explicit consent (Art. 6(1)(a) GDPR), if requested.

Data Processing & Third Country Transfer:

We have entered into a Data Processing Addendum (DPA) with Calendly. The transfer of data to the USA is secured by Standard Contractual Clauses (SCCs) of the EU Commission to ensure an adequate level of data protection.

Further information on data processing by Calendly can be found in their privacy policy at: https://calendly.com/privacy.

VII. Rights of the Data Subject

If personal data concerning you is processed, you are a data subject within the meaning of the GDPR and you have the following rights against the controller:

1. Right of Access

You can request confirmation from the controller as to whether personal data concerning you is processed by us. If such processing is taking place, you can request access from the controller to the following information:

  • (1) the purposes for which the personal data are processed;
  • (2) the categories of personal data being processed;
  • (3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
  • (4) the planned duration of storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage duration;
  • (5) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller, or a right to object to such processing;
  • (6) the existence of a right to lodge a complaint with a supervisory authority;
  • (7) all available information about the origin of the data if the personal data are not collected from the data subject;
  • (8) the existence of automated decision-making, including profiling, pursuant to Art. 22(1) and (4) GDPR and, at least in these cases, meaningful information about the logic involved, as well as the significance and the envisioned consequences of such processing for the data subject.

You have the right to request information as to whether personal data concerning you is transferred to a third country or to an international organization. In this context, you can request to be informed about the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.

2. Right to Rectification

You have a right to rectification and/or completion against the controller if the processed personal data concerning you is inaccurate or incomplete. The controller must perform the rectification immediately.

3. Right to Restriction of Processing

Under the following conditions, you can request the restriction of the processing of personal data concerning you:

  • (1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
  • (2) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead;
  • (3) the controller no longer needs the personal data for the purposes of the processing, but you require them for the establishment, exercise, or defense of legal claims; or
  • (4) if you have objected to processing pursuant to Art. 21(1) GDPR pending the verification whether the legitimate grounds of the controller override your grounds.

Where processing of personal data concerning you has been restricted, such data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise, or defense 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 the restriction of processing has been restricted under the conditions above, you will be informed by the controller before the restriction is lifted.

4. Right to Erasure

a) Duty to Erase

You can request from the controller that personal data concerning you be erased immediately, and the controller is obliged to erase this data immediately where one of the following grounds applies:

  • (1) The personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  • (2) You withdraw your consent on which the processing was based virtue of Art. 6(1)(a) or Art. 9(2)(a) GDPR, and where there is no other legal ground for the processing.
  • (3) 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.
  • (4) The personal data concerning you have been unlawfully processed.
  • (5) The personal data concerning you have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
  • (6) The personal data concerning you have been collected in relation to the offer of information society services referred to in Art. 8(1) GDPR.

b) Information to Third Parties

Where the controller has made the 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 processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

c) Exceptions

The right to erasure does not exist insofar as processing is necessary:

  • (1) for exercising the right of freedom of expression and information;
  • (2) 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;
  • (3) for reasons of public interest in the area of public health in accordance with Art. 9(2)(h) and (i) as well as Art. 9(3) GDPR;
  • (4) 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 section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
  • (5) for the establishment, exercise, or defense of legal claims.

5. Right to Notification

If you have asserted the right to rectification, erasure, or restriction of processing against the controller, the controller is obliged to communicate any rectification or erasure of personal data or restriction of processing carried out to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. You have the right against the controller to be informed about those recipients.

6. Right to Data Portability

You have the right to receive the personal data concerning you, which you have provided to the 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:

  • (1) the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR; and
  • (2) the processing is carried out by automated means.

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. This shall 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 Art. 6(1)(e) or (f) GDPR; this also applies to profiling based on these provisions.

The controller shall no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights, and freedoms or for the establishment, exercise, or defense of legal claims.

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; this also applies to profiling to the extent that it is related to such direct marketing. If you object to processing for direct marketing purposes, the personal data concerning you 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 the Data Protection Consent Declaration

You have the right to withdraw your data protection consent declaration at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

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 you or similarly significantly affects you. This does not apply if the decision:

  • (1) is necessary for entering into, or performance of, a contract between you and the controller;
  • (2) is authorized 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
  • (3) is based on your explicit consent.

However, these decisions shall not be based on special categories of personal data referred to in Art. 9(1) GDPR, unless Art. 9(2)(a) or (g) applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place. In the cases referred to in (1) and (3), the 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 his or her point of view and to contest the decision.

10. Right to Lodge a Complaint with a Supervisory Authority

Without prejudice to 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 responsible for us is:

Der Hamburgische Beauftragte für Datenschutz und Informationsfreiheit (HmbBfDI)

Ludwig-Erhard-Straße 22, 7th Floor

20459 Hamburg

Germany

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 Art. 78 GDPR.

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