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PRIVACY
Privacy Policy
We have integrated the consent management tool
"consentmanager" (www.consentmanager.net) from consentmanager AB
(Håltgelvågen 1b, 72348 Västerås, Sweden, mail@consentmanager.net) on
our website to obtain consent for data processing and use of cookies or
comparable functions. With the help of "consentmanager" you have the
possibility to give your consent for certain functionalities of our
website, e.g. for the purpose of integrating external elements,
integrating streaming content, statistical analysis, measurement and
personalized advertising. With the help of “consentmanager” you can
grant or reject your consent for all functions or give your consent for
individual purposes or individual functions. The settings you have made
can also be changed afterwards. The purpose of integrating
“consentmanager” is to let the users of our website decide about the
above-mentioned things and, as part of the further use of our website,
to offer the option of changing settings that have already been made.
By using “consentmanager”, personal data and information from the end
devices used, such as the IP address, are processed by consentmanager.
In addition, the processed information may also be stored on your
device.
The legal basis for processing is Art. 6 Para. 1 S. 1
lit. c) in conjunction with Art. 6 para. 3 sentence 1 lit. a) in
conjunction with Art. 7 para. 1 GDPR and, in the alternative, lit. f).
By processing the data, consentmanager helps us (according to GDPR this
is the responsible party) to fulfill our legal obligations (e.g.
obligation to provide evidence). Our legitimate interests in processing
lie in the storage of user settings and preferences with regard to the
use of cookies and other functionalities. "Consentmanager" stores your
data as long as your user settings are active. After two years after
making the user settings, the consent will be asked again. The user
settings made are then saved again for this period. You can object
to the processing. You have the right to object to reasons arising from
your particular situation. To object, please send an email to
mail@consentmanager.net.
We are very delighted that you have shown interest in
our
enterprise. Data protection is of a particularly high priority for the
management of the andrewmottl.com. The use of the Internet pages of the
andrewmottl.com is possible without any indication of personal data;
however, if a data subject wants to use special enterprise services via
our website, processing of personal data could become necessary. If the
processing of personal data is necessary and there is no statutory
basis for such processing, we generally obtain consent from the data
subject.
The processing of personal data, such as the name,
address, e-mail
address, or telephone number of a data subject shall always be in line
with the General Data Protection Regulation (GDPR), and in accordance
with the country-specific data protection regulations applicable to the
andrewmottl.com. By means of this data protection declaration, our
enterprise would like to inform the general public of the nature,
scope, and purpose of the personal data we collect, use and process.
Furthermore, data subjects are informed, by means of this data
protection declaration, of the rights to which they are entitled.
As the controller, the andrewmottl.com has implemented
numerous
technical and organizational measures to ensure the most complete
protection of personal data processed through this website. However,
Internet-based data transmissions may in principle have security gaps,
so absolute protection may not be guaranteed. For this reason, every
data subject is free to transfer personal data to us via alternative
means, e.g. by telephone.
1. Definitions
The data protection declaration of the andrewmottl.com
is based on
the terms used by the European legislator for the adoption of the
General Data Protection Regulation (GDPR). Our data protection
declaration should be legible and understandable for the general
public, as well as our customers and business partners. To ensure this,
we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia,
the following terms:
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a) Personal data
Personal data means any information relating to an
identified or
identifiable natural person (“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 or to one or
more factors specific to the physical, physiological, genetic, mental,
economic, cultural or social identity of that natural person.
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b) Data subject
Data subject is any identified or identifiable
natural person, whose
personal data is processed by the controller responsible for the
processing.
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c) Processing
Processing is any operation or set of operations
which is performed
on personal data or on sets of personal data, whether or not by
automated means, such as collection, recording, organisation,
structuring, storage, adaptation or alteration, retrieval,
consultation, use, disclosure by transmission, dissemination or
otherwise making available, alignment or combination, restriction,
erasure or destruction.
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d) Restriction of processing
Restriction of processing is the marking of stored
personal data with the aim of limiting their processing in the future.
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e) Profiling
Profiling means any form of automated processing of
personal data
consisting of the use of personal data to evaluate certain personal
aspects relating to a natural person, in particular to analyse or
predict aspects concerning that natural person's performance at work,
economic situation, health, personal preferences, interests,
reliability, behaviour, location or movements.
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f) Pseudonymisation
Pseudonymisation is the processing of personal data
in such a manner
that the personal data can no longer be attributed to a specific data
subject without the use of additional information, provided that such
additional information is kept separately and is subject to technical
and organisational measures to ensure that the personal data are not
attributed to an identified or identifiable natural person.
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g) Controller or controller responsible for the
processing
Controller or controller responsible for the
processing is 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; where the purposes and means of such
processing are determined by Union or Member State law, the controller
or the specific criteria for its nomination may be provided for by
Union or Member State law.
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h) Processor
Processor is a natural or legal person, public
authority, agency or
other body which processes personal data on behalf of the controller.
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i) Recipient
Recipient is a natural or legal person, public
authority, agency or
another body, to which the personal data are disclosed, whether a third
party or not. However, public authorities which may receive personal
data in the framework of a particular inquiry in accordance with Union
or Member State law shall not be regarded as recipients; the processing
of those data by those public authorities shall be in compliance with
the applicable data protection rules according to the purposes of the
processing.
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j) Third party
Third party is a natural or legal person, public
authority, agency
or body other than the data subject, controller, processor and persons
who, under the direct authority of the controller or processor, are
authorised to process personal data.
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k) Consent
Consent of the data subject is any freely given,
specific, informed
and unambiguous indication of the data subject's wishes by which he or
she, by a statement or by a clear affirmative action, signifies
agreement to the processing of personal data relating to him or her.
2. Name and Address of the controller
Controller for the purposes of the General Data
Protection
Regulation (GDPR), other data protection laws applicable in Member
states of the European Union and other provisions related to data
protection is:
andrewmottl.com
Heinz 7
82377 Penzberg
Germany
Phone: please see contact page
Email: mail@andrewmottl.com
Website: www.andrewmottl.com
3. Cookies
The Internet pages of the andrewmottl.com use cookies.
Cookies are
text files that are stored in a computer system via an Internet browser.
Many Internet sites and servers use cookies. Many
cookies contain a
so-called cookie ID. A cookie ID is a unique identifier of the cookie.
It consists of a character string through which Internet pages and
servers can be assigned to the specific Internet browser in which the
cookie was stored. This allows visited Internet sites and servers to
differentiate the individual browser of the dats subject from other
Internet browsers that contain other cookies. A specific Internet
browser can be recognized and identified using the unique cookie ID.
Through the use of cookies, the andrewmottl.com can
provide the
users of this website with more user-friendly services that would not
be possible without the cookie setting.
By means of a cookie, the information and offers on our
website can
be optimized with the user in mind. Cookies allow us, as previously
mentioned, to recognize our website users. The purpose of this
recognition is to make it easier for users to utilize our website. The
website user that uses cookies, e.g. does not have to enter access data
each time the website is accessed, because this is taken over by the
website, and the cookie is thus stored on the user's computer system.
Another example is the cookie of a shopping cart in an online shop. The
online store remembers the articles that a customer has placed in the
virtual shopping cart via a cookie.
The data subject may, at any time, prevent the setting
of cookies
through our website by means of a corresponding setting of the Internet
browser used, and may thus permanently deny the setting of cookies.
Furthermore, already set cookies may be deleted at any time via an
Internet browser or other software programs. This is possible in all
popular Internet browsers. If the data subject deactivates the setting
of cookies in the Internet browser used, not all functions of our
website may be entirely usable.
4. Collection of general data and information
The website of the andrewmottl.com collects a series of
general data
and information when a data subject or automated system calls up the
website. This general data and information are stored in the server log
files. Collected may be (1) the browser types and versions used, (2)
the operating system used by the accessing system, (3) the website from
which an accessing system reaches our website (so-called referrers),
(4) the sub-websites, (5) the date and time of access to the Internet
site, (6) an Internet protocol address (IP address), (7) the Internet
service provider of the accessing system, and (8) any other similar
data and information that may be used in the event of attacks on our
information technology systems.
When using these general data and information, the
andrewmottl.com
does not draw any conclusions about the data subject. Rather, this
information is needed to (1) deliver the content of our website
correctly, (2) optimize the content of our website as well as its
advertisement, (3) ensure the long-term viability of our information
technology systems and website technology, and (4) provide law
enforcement authorities with the information necessary for criminal
prosecution in case of a cyber-attack. Therefore, the andrewmottl.com
analyzes anonymously collected data and information statistically, with
the aim of increasing the data protection and data security of our
enterprise, and to ensure an optimal level of protection for the
personal data we process. The anonymous data of the server log files
are stored separately from all personal data provided by a data subject.
5. Routine erasure and blocking of personal data
The data controller shall process and store the personal
data of the
data subject only for the period necessary to achieve the purpose of
storage, or as far as this is granted by the European legislator or
other legislators in laws or regulations to which the controller is
subject to.
If the storage purpose is not applicable, or if a
storage period
prescribed by the European legislator or another competent legislator
expires, the personal data are routinely blocked or erased in
accordance with legal requirements.
6. Rights of the data subject
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a) Right of confirmation
Each data subject shall have the right granted by
the European
legislator to obtain from the controller the confirmation as to whether
or not personal data concerning him or her are being processed. If a
data subject wishes to avail himself of this right of confirmation, he
or she may, at any time, contact any employee of the controller.
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b) Right of access
Each data subject shall have the right granted by
the European
legislator to obtain from the controller free information about his or
her personal data stored at any time and a copy of this information.
Furthermore, the European directives and regulations grant the data
subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to
whom the personal
data have been or will be disclosed, in particular recipients in third
countries or international organisations;
- where possible, the envisaged period for which
the personal data
will be stored, or, if not possible, the criteria used to determine
that period;
- the existence of the right to request from the
controller
rectification or erasure of personal data, or restriction of processing
of personal data concerning the data subject, or to object to such
processing;
- the existence of the right to lodge a complaint
with a supervisory authority;
- where the personal data are not collected from
the data subject, any available information as to their source;
- the existence of automated decision-making,
including profiling,
referred to in Article 22(1) and (4) of the GDPR and, at least in those
cases, meaningful information about the logic involved, as well as the
significance and envisaged consequences of such processing for the data
subject.
Furthermore, the data subject shall have a right to
obtain
information as to whether personal data are transferred to a third
country or to an international organisation. Where this is the case,
the data subject shall have the right to be informed of the appropriate
safeguards relating to the transfer.
If a data subject wishes to avail himself of this
right of access,
he or she may, at any time, contact any employee of the controller.
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c) Right to rectification
Each data subject shall have the right granted by
the European
legislator to obtain from the controller without undue delay the
rectification of inaccurate personal data concerning him or her. Taking
into account the purposes of the processing, the data subject shall
have the right to have incomplete personal data completed, including by
means of providing a supplementary statement.
If a data subject wishes to exercise this right to
rectification, he
or she may, at any time, contact any employee of the controller.
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d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by
the European
legislator to obtain from the controller the erasure of personal data
concerning him or her without undue delay, and the controller shall
have the obligation to erase personal data without undue delay where
one of the following grounds applies, as long as the processing is not
necessary:
- The personal data are no longer necessary in
relation to the purposes for which they were collected or otherwise
processed.
- The data subject withdraws consent to which the
processing is based
according to point (a) of Article 6(1) of the GDPR, or point (a) of
Article 9(2) of the GDPR, and where there is no other legal ground for
the processing.
- The data subject objects to the processing
pursuant to Article
21(1) of the GDPR and there are no overriding legitimate grounds for
the processing, or the data subject objects to the processing pursuant
to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance
with a legal
obligation in Union or Member State law to which the controller is
subject.
- The personal data have been collected in relation
to the offer of
information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a
data subject
wishes to request the erasure of personal data stored by the
andrewmottl.com, he or she may, at any time, contact any employee of
the controller. An employee of andrewmottl.com shall promptly ensure
that the erasure request is complied with immediately.
Where the controller has made personal data public
and is obliged
pursuant to Article 17(1) 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
other controllers processing the personal data that the data subject
has requested erasure by such controllers of any links to, or copy or
replication of, those personal data, as far as processing is not
required. An employees of the andrewmottl.com will arrange the
necessary measures in individual cases.
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e) Right of restriction of processing
Each data subject shall have the right granted by
the European
legislator to obtain from the controller restriction of processing
where one of the following applies:
- The accuracy of the personal data is contested by
the data subject,
for a period enabling the controller to verify the accuracy of the
personal data.
- The processing is unlawful and the data subject
opposes the erasure
of the personal data and requests instead the restriction of their use
instead.
- The controller no longer needs the personal data
for the purposes
of the processing, but they are required by the data subject for the
establishment, exercise or defence of legal claims.
- The data subject has objected to processing
pursuant to Article
21(1) of the GDPR pending the verification whether the legitimate
grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and
a data subject
wishes to request the restriction of the processing of personal data
stored by the andrewmottl.com, he or she may at any time contact any
employee of the controller. The employee of the andrewmottl.com will
arrange the restriction of the processing.
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f) Right to data portability
Each data subject shall have the right granted by
the European
legislator, to receive the personal data concerning him or her, which
was provided to a controller, in a structured, commonly used and
machine-readable format. He or she shall have the right to transmit
those data to another controller without hindrance from the controller
to which the personal data have been provided, as long as the
processing is based on consent pursuant to point (a) of Article 6(1) of
the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract
pursuant to point (b) of Article 6(1) of the GDPR, and the processing
is carried out by automated means, as long as the processing is not
necessary for the performance of a task carried out in the public
interest or in the exercise of official authority vested in the
controller.
Furthermore, in exercising his or her right to data
portability
pursuant to Article 20(1) of the GDPR, the data subject shall have the
right to have personal data transmitted directly from one controller to
another, where technically feasible and when doing so does not
adversely affect the rights and freedoms of others.
In order to assert the right to data portability,
the data subject may at any time contact any employee of the
andrewmottl.com.
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g) Right to object
Each data subject shall have the right granted by
the European
legislator to object, on grounds relating to his or her particular
situation, at any time, to processing of personal data concerning him
or her, which is based on point (e) or (f) of Article 6(1) of the GDPR.
This also applies to profiling based on these provisions.
The andrewmottl.com shall no longer process the
personal data in the
event of the objection, unless we can demonstrate compelling legitimate
grounds for the processing which override the interests, rights and
freedoms of the data subject, or for the establishment, exercise or
defence of legal claims.
If the andrewmottl.com processes personal data for
direct marketing
purposes, the data subject shall have the right to object at any time
to processing of personal data concerning him or her for such
marketing. This applies to profiling to the extent that it is related
to such direct marketing. If the data subject objects to the
andrewmottl.com to the processing for direct marketing purposes, the
andrewmottl.com will no longer process the personal data for these
purposes.
In addition, the data subject has the right, on
grounds relating to
his or her particular situation, to object to processing of personal
data concerning him or her by the andrewmottl.com for scientific or
historical research purposes, or for statistical purposes pursuant to
Article 89(1) of the GDPR, unless the processing is necessary for the
performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data
subject may
contact any employee of the andrewmottl.com. In addition, the data
subject is free in the context of the use of information society
services, and notwithstanding Directive 2002/58/EC, to use his or her
right to object by automated means using technical specifications.
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h) Automated individual decision-making, including
profiling
Each data subject shall have the right granted by
the European
legislator not to be subject to a decision based solely on automated
processing, including profiling, which produces legal effects
concerning him or her, or similarly significantly affects him or her,
as long as the decision (1) is not is necessary for entering into, or
the performance of, a contract between the data subject and a data
controller, or (2) is not authorised by Union or Member State law to
which the controller is subject and which also lays down suitable
measures to safeguard the data subject's rights and freedoms and
legitimate interests, or (3) is not based on the data subject's
explicit consent.
If the decision (1) is necessary for entering into,
or the
performance of, a contract between the data subject and a data
controller, or (2) it is based on the data subject's explicit consent,
the andrewmottl.com shall implement suitable measures to safeguard the
data subject's 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 contest the decision.
If the data subject wishes to exercise the rights
concerning
automated individual decision-making, he or she may, at any time,
contact any employee of the andrewmottl.com.
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i) Right to withdraw data protection consent
Each data subject shall have the right granted by
the European
legislator to withdraw his or her consent to processing of his or her
personal data at any time.
If the data subject wishes to exercise the right to
withdraw the
consent, he or she may, at any time, contact any employee of the
andrewmottl.com.
7. Data protection provisions about the application and
use of YouTube
On this website, the controller has integrated
components of
YouTube. YouTube is an Internet video portal that enables video
publishers to set video clips and other users free of charge, which
also provides free viewing, review and commenting on them. YouTube
allows you to publish all kinds of videos, so you can access both full
movies and TV broadcasts, as well as music videos, trailers, and videos
made by users via the Internet portal.
The operating company of YouTube is YouTube, LLC, 901
Cherry Ave.,
San Bruno, CA 94066, UNITED STATES. The YouTube, LLC is a subsidiary of
Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351,
UNITED STATES.
With each call-up to one of the individual pages of this
Internet
site, which is operated by the controller and on which a YouTube
component (YouTube video) was integrated, the Internet browser on the
information technology system of the data subject is automatically
prompted to download a display of the corresponding YouTube component.
Further information about YouTube may be obtained under
https://www.youtube.com/yt/about/en/. During the course of this
technical procedure, YouTube and Google gain knowledge of what specific
sub-page of our website was visited by the data subject.
If the data subject is logged in on YouTube, YouTube
recognizes with
each call-up to a sub-page that contains a YouTube video, which
specific sub-page of our Internet site was visited by the data subject.
This information is collected by YouTube and Google and assigned to the
respective YouTube account of the data subject.
YouTube and Google will receive information through the
YouTube
component that the data subject has visited our website, if the data
subject at the time of the call to our website is logged in on YouTube;
this occurs regardless of whether the person clicks on a YouTube video
or not. If such a transmission of this information to YouTube and
Google is not desirable for the data subject, the delivery may be
prevented if the data subject logs off from their own YouTube account
before a call-up to our website is made.
YouTube's data protection provisions, available at
https://www.google.com/intl/en/policies/privacy/, provide information
about the collection, processing and use of personal data by YouTube
and Google.
8. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for
processing
operations for which we obtain consent for a specific processing
purpose. If the processing of personal data is necessary for the
performance of a contract to which the data subject is party, as is the
case, for example, when processing operations are necessary for the
supply of goods or to provide any other service, the processing is
based on Article 6(1) lit. b GDPR. The same applies to such processing
operations which are necessary for carrying out pre-contractual
measures, for example in the case of inquiries concerning our products
or services. Is our company subject to a legal obligation by which
processing of personal data is required, such as for the fulfillment of
tax obligations, the processing is based on Art. 6(1) lit. c GDPR.
In rare cases, the processing of personal data may be necessary to
protect the vital interests of the data subject or of another natural
person. This would be the case, for example, if a visitor were injured
in our company and his name, age, health insurance data or other vital
information would have to be passed on to a doctor, hospital or other
third party. Then the processing would be based on Art. 6(1) lit. d
GDPR.
Finally, processing operations could be based on Article 6(1) lit. f
GDPR. This legal basis is used for processing operations which are not
covered by any of the abovementioned legal grounds, if processing is
necessary for the purposes of the legitimate interests pursued by our
company 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. Such processing operations
are particularly permissible because they have been specifically
mentioned by the European legislator. He considered that a legitimate
interest could be assumed if the data subject is a client of the
controller (Recital 47 Sentence 2 GDPR).
9. The legitimate interests pursued by the controller
or by a third party
Where the processing of personal data is based on
Article 6(1) lit.
f GDPR our legitimate interest is to carry out our business in favor of
the well-being of all our employees and the shareholders.
10. Period for which the personal data will be stored
The criteria used to determine the period of storage of
personal
data is the respective statutory retention period. After expiration of
that period, the corresponding data is routinely deleted, as long as it
is no longer necessary for the fulfillment of the contract or the
initiation of a contract.
11. Provision of personal data as statutory or
contractual
requirement; Requirement necessary to enter into a contract; Obligation
of the data subject to provide the personal data; possible consequences
of failure to provide such data
We clarify that the provision of personal data is partly
required by
law (e.g. tax regulations) or can also result from contractual
provisions (e.g. information on the contractual partner).
Sometimes it may be necessary to conclude a contract that the data
subject provides us with personal data, which must subsequently be
processed by us. The data subject is, for example, obliged to provide
us with personal data when our company signs a contract with him or
her. The non-provision of the personal data would have the consequence
that the contract with the data subject could not be concluded.
Before personal data is provided by the data subject, the data subject
must contact any employee. The employee clarifies to the data subject
whether the provision of the personal data is required by law or
contract or is necessary for the conclusion of the contract, whether
there is an obligation to provide the personal data and the
consequences of non-provision of the personal data.
12. Existence of automated decision-making
As a responsible company, we do not use automatic
decision-making or profiling.
This Privacy Policy has been generated by the Privacy
Policy Generator of the German
Association for Data Protection that was developed in
cooperation with Privacy
Lawyers from WILDE BEUGER SOLMECKE, Cologne.
Vimeo
Please note that this website provides video links to content on
Youtube and Vimeo. For information on Youtube please see above.
Information on Vimeo's policy can be found here:
https://vimeo.com/privacy
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