On 25 May 2018, the EU GDPR (General Data Protection Regulation) comes into force.

This website avoids, as far as possible, the use of links to and integration of social media plugins, maps, contact forms, newsletter sign-ups, advertising, etc.

This website uses cookies as part of website analytics services (e.g. Google Analytics) to improve efficiency, analyse visitor behaviour and optimise the site; please see section IV. Use of Cookies in the following privacy policy.

The full privacy policy follows

I. Name and address of the data controller and data protection officer

The data controller and data protection officer within the meaning of the General Data Protection Regulation and other national data protection laws of the Member States, as well as other data protection provisions, is:

Alexander Prinz zu Schleswig-Holstein

Dammtorstraße 21

20354 Hamburg

Germany

Tel.: +49 40 650 67 987

Email: a.holstein@holstein-consult.com

Website: www.holstein-consult.com

II. General information on data processing

1. SCOPE OF THE PROCESSING OF PERSONAL DATA

We generally process our users’ personal data only to the extent necessary to provide a fully functional website and our content and services. The processing of our users’ personal data is normally carried out only with the user’s consent. An exception applies in cases where it is not possible, for practical reasons, to obtain consent in advance and where the processing of the data is permitted by statutory provisions. 

2. LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA

Where we obtain the data subject’s consent for the processing of personal data, Article 6(1)(a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.

Where the processing of personal data is necessary for the performance of a contract to which the data subject is a party, Article 6(1)(b) of the GDPR serves as the legal basis. This also applies to processing operations necessary for the implementation of pre-contractual measures.

Where the processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Article 6(1)(c) of the GDPR serves as the legal basis.

Where the vital interests of the data subject or of another natural person necessitate the processing of personal data, Article 6(1)(d) of the GDPR serves as the legal basis.

Where processing is necessary to safeguard a legitimate interest of our company or a third party, and the interests, fundamental rights and freedoms of the data subject do not override the former interest, Article 6(1)(f) of the GDPR serves as the legal basis for the processing.

3. DATA ERASURE AND RETENTION PERIOD

The data subject’s personal data shall be erased or blocked as soon as the purpose for which it was stored no longer applies. Data may also be retained if this is provided for by European or national legislation in EU regulations, laws or other provisions to which the controller is subject. Data will also be blocked or erased when a retention period prescribed by the aforementioned standards expires, unless there is a need to continue storing the data for the conclusion or performance of a contract.

III. Provision of the website and creation of log files

1. DESCRIPTION AND SCOPE OF DATA PROCESSING

Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing device.

The following data is collected in this process:

(1) Information about the browser type and 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 accesses our website

(7) Websites accessed by the user’s system via our website

2. LEGAL BASIS FOR DATA PROCESSING 

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

3. PURPOSE OF DATA PROCESSING

The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. To this end, the user’s IP address must be stored for the duration of the session. 

Data is stored in log files to ensure the website functions properly. The data also helps us to optimise the website and ensure the security of our IT systems. The data is not analysed for marketing purposes in this context. 

These purposes also constitute our legitimate interest in data processing pursuant to Article 6(1)(f) of the GDPR.

4. DURATION OF STORAGE

The data is deleted as soon as it is no longer required to fulfil the purpose for which it was collected. In the case of data collected for the purpose of providing the website, this is the case once the relevant session has ended. 

Where data is stored in log files, this occurs after seven days at the latest. Storage beyond this period is possible. In this case, users’ IP addresses are deleted or anonymised so that it is no longer possible to identify the client making the request.

5. RIGHT TO OBJECT AND RIGHT TO ERASURE

The collection of data for the purpose of providing the website and the storage of data in log files is strictly necessary for the operation of the website. Consequently, the user has no right to object.

IV. Use of Cookies

1. DESCRIPTION AND SCOPE OF DATA PROCESSING

Our website uses cookies. Cookies are text files that are stored in the web browser or by the web browser on the user’s computer system. When a user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a distinctive string of characters that enables the browser to be uniquely identified when the website is visited again. 

We use cookies on our website that enable us to analyse users’ browsing behaviour.

In this way, the following data, amongst other things, may be transmitted:

(1) Search terms entered

(2) Frequency of page views

(3) Use of website functions

The user data collected in this way is pseudonymised through technical measures. Consequently, it is no longer possible to link the data to the individual user. The data is not stored together with any other personal data relating to the user.

When visiting our website, users are informed via an information banner about the use of cookies for analytical purposes and are directed to this privacy policy.

1a. GOOGLE ANALYTICS SUPPLEMENT

This website uses Google Analytics, a web analytics service provided by Google Inc. (‘Google’). Google Analytics uses so-called ‘cookies’, text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie regarding your use of this website is usually transmitted to a Google server in the USA and stored there. However, if IP anonymisation is enabled on this website, your IP address will be truncated by Google beforehand within Member States of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services relating to website and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data held by Google. You can prevent the storage of cookies by adjusting your browser settings accordingly; however, we would like to point out that, in this case, you may not be able to make full use of all the functions of this website. You can also prevent the collection of data generated by the cookie and relating to your use of the website (including your IP address) by Google, as well as the processing of this data by Google, by downloading and installing the browser plug-in available via the following link: http://tools.google.com/dlpage/gaoptout

Further information on terms of use and data protection can be found in the Google Analytics Terms of Service or in the Google Analytics Overview. Please note that on this website, Google Analytics has been extended to include the code “gat._anonymizeIp();” to ensure that IP addresses are collected anonymously (known as IP masking).

The legal basis for the processing of personal data using technically necessary cookies is Article 6(1)(f) of the GDPR.

The legal basis for the processing of personal data using cookies for analytical purposes is Article 6(1)(a) of the GDPR, provided the user has given their consent.

3. PURPOSE OF DATA PROCESSING

Analytics cookies are used for the purpose of improving the quality of our website and its content. Analytics cookies enable us to understand how the website is used, allowing us to continuously optimise our service.

These purposes also constitute our legitimate interest in the processing of personal data pursuant to Article 6(1)(f) of the GDPR. 

4. STORAGE PERIOD, OPTIONS TO OBJECT AND DELETE

Cookies are stored on the user’s computer and transmitted from there to our site. As a user, you therefore have full control over the use of cookies. By changing the settings in your web browser, you can disable or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are disabled for our website, it may no longer be possible to make full use of all the website’s functions.

V. Contact via email

         

1. DESCRIPTION AND SCOPE OF DATA PROCESSING

Our website displays our email address, which can be used to contact us electronically. If a user makes use of this option, the user’s personal data transmitted via email will be stored.

Your consent to the processing of this data is obtained as part of the submission process, and reference is made to this privacy policy. 

In this context, the data will not be disclosed to third parties.

The data is used exclusively for the purpose of handling the correspondence.

2. LEGAL BASIS FOR DATA PROCESSING

Where the user has given their consent, the legal basis for processing the data is Article 6(1)(a) of the GDPR. 

The legal basis for the processing of data transmitted in the course of sending an email is Article 6(1)(f) of the GDPR. If the purpose of the email contact is to conclude a contract, the additional legal basis for the processing is Article 6(1)(b) of the GDPR.

3. PURPOSE OF DATA PROCESSING

The processing of personal data resulting from contact made via email serves solely to handle the enquiry. In this case, this also constitutes the necessary legitimate interest in the processing of the data.

4. DURATION OF STORAGE

The data will be deleted as soon as it is no longer required to fulfil the purpose for which it was collected. For personal data sent by email, this is the case once the relevant conversation with the user has ended. The conversation is deemed to have ended when it is clear from the circumstances that the matter in question has been conclusively resolved.

5. RIGHT TO OBJECT AND RIGHT TO ERASURE

The user may withdraw their consent to the processing of personal data at any time. If the user contacts us by email, they may 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 establishing contact will be deleted in this instance.

6. EMAIL ENCRYPTION

Communication by email is vulnerable to security breaches, as unencrypted emails may be viewed, duplicated, copied or tampered with by unauthorised third parties whilst in transit from the sender to the recipient. In the case of unencrypted email communication, the legal requirements regarding confidentiality and secrecy are not guaranteed.

If you communicate with us electronically without encryption, there is a particular risk of unauthorised third parties accessing, duplicating or tampering with your messages, meaning that the legal requirements regarding data protection and IT security cannot be guaranteed.

VI. Rights of the data subject

If your personal data is processed, you are a data subject within the meaning of the GDPR and you are entitled to the following rights vis-à-vis the controller:

1. RIGHT OF ACCESS

You may request confirmation from the controller as to whether personal data relating to you is being processed by us.

If such processing is taking place, you may request the following information from the controller:

(1) the purposes for which the personal data is being processed;

(2) the categories of personal data being processed;

(3) the recipients or categories of recipients to whom your personal data have been or will be disclosed;

(4) the envisaged period for which the personal data relating to you will be stored or, if it is not possible to provide specific details in this regard, the criteria used to determine the storage period;

(5) the existence of a right to rectification or erasure of the 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) any available information on the origin of the data, where the personal data are not collected from the data subject;

(8)       the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the GDPR and – at least in such cases – meaningful information about the logic involved, as well as the significance and the intended consequences of such processing for the data subject.

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

2. RIGHT TO RECTIFICATION

You have the right to request that the controller rectify and/or complete your personal data if the personal data concerning you that is being processed is inaccurate or incomplete. The controller must carry out the rectification without undue delay.

3. RIGHT TO RESTRICTION OF PROCESSING

You may request the restriction of the processing of your personal data under the following conditions:

(1) if you contest the accuracy of the personal data relating to 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 instead request the restriction of its use;

(3) the controller no longer needs the personal data for the purposes of the processing, but you require it for the establishment, exercise or defence of legal claims; or

(4) where you have objected to the processing pursuant to Article 21(1) of the GDPR and it has not yet been determined whether the controller’s legitimate grounds override your grounds.

Where the processing of your personal data has been restricted, such data – apart from its storage – may only be processed with your consent or for the purposes of establishing, exercise or defence of legal claims, or to protect the rights of another natural or legal person, or for reasons of an important public interest of the Union or a Member State.

If the restriction on processing has been imposed in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

In the case of data processing for scientific, historical or statistical research purposes:

Your right to restriction of processing may be limited to the extent that it is likely to render the fulfilment of the research or statistical purposes impossible or seriously impair it, and the restriction is necessary for the fulfilment of the research or statistical purposes.

4. RIGHT TO ERASURE

a) Obligation to erase data

You may request that the controller erase your personal data without delay, and the controller is obliged to erase such data without delay if any of the following grounds apply:

(1) The personal data relating to you are no longer necessary for the purposes for which they were collected or otherwise processed.

(2) You withdraw your consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR, and there is no other legal basis for the processing.

(3) You object to the processing in accordance with Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing in accordance with Article 21(2) of the GDPR.

(4) The personal data relating to you has been processed unlawfully.

(5) The erasure of your personal data is necessary for compliance with a legal obligation under Union law or the law of the Member States to which the controller is subject.

(6) The personal data relating to you was collected in connection with information society services offered in accordance with Article 8(1) of the GDPR.

b) Information to third parties

Where the controller has made the personal data relating to you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take appropriate measures, including technical measures, taking into account the available technology and the costs of implementation, to ensure that controllers processing the personal data that you, as the data subject, have requested the erasure of all links to such personal data or of copies or replicas of such personal data.

c) Exceptions

The right to erasure does not apply where the processing is necessary

(1) for the exercise of the right to freedom of expression and information;

(2) to comply with a legal obligation which requires processing under 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 Article 9(2)(h) and (i) and Article 9(3) of the GDPR;

(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) of the GDPR, in so far as the right referred to in point (a) is likely to render impossible or seriously impair the achievement of the objectives of such processing; or

(5) for the establishment, exercise or defence of legal claims.

5. RIGHT TO INFORMATION

If you have exercised your right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom your personal data have been disclosed of such rectification, erasure or restriction of processing, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed by the data controller of the identity of these 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 this data to another controller without hindrance from the controller to whom the personal data was provided, provided that

(1) the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR, or on a contract pursuant to Article 6(1)(b) of the 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 transferred directly from one controller to another, in so far as this is technically feasible. This must not adversely affect the freedoms and rights of other individuals.

The right to data portability does not apply to the 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 at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) of the GDPR; this also applies to profiling based on these provisions.

The controller shall no longer process your personal data unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to establish, exercise or defend legal claims.

Where personal data relating to you is processed for the purposes of direct marketing, you have the right to object at any time to the processing of personal data relating to you for the purposes of such marketing; this also applies to profiling insofar as it is related to such direct marketing.

If you object to processing for the purposes of direct marketing, your personal data will no longer be processed for those purposes.

In connection with the use of information society services – notwithstanding Directive 2002/58/EC – you have the option of exercising your right to object by means of automated procedures using technical specifications. 

8. RIGHT TO WITHDRAW CONSENT UNDER DATA PROTECTION LAW

You have the right to withdraw your consent to data processing at any time. Withdrawal of consent does not affect the lawfulness of processing carried out on the basis of that consent prior to its withdrawal.

9. AUTOMATED DECISION-MAKING IN INDIVIDUAL CASES, 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 the conclusion or performance of a contract between you and the controller,

(2) is authorised by Union or Member State law to which the controller is subject, and that law provides for appropriate measures to safeguard your rights and freedoms and your legitimate interests; or

(3) is based on your explicit consent.

However, such decisions must not be based on special categories of personal data as referred to in Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to safeguard your rights and freedoms as well as your legitimate interests.

With regard to the cases referred to in (1) and (3), the controller shall take appropriate measures to safeguard your rights and freedoms and your legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express your 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 the place where the alleged infringement occurred, if you consider that the processing of personal data relating to you infringes the GDPR.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 of the GDPR.