Data Protection Statement
ad tempus · consulting
Gesellschaft für Unternehmensmanagement mbH
An der Au 9
D 61118 Bad Vilbel
Telephone: + 49 (0) 6101 – 55 85 690
Telefax: + 49 (0) 6101 – 55 85 689
Managing Director: Andreas Pulver
Responsible in the meaning of the State Service Convention: Andreas Pulver
Commercial Register No.: HRB 44255
Value Added Tax No.: DE 45 228 07048
Website design: www.birdsmedia.de
Data Protection Statement
Data protection is a particularly high priority for the management of ad tempus consulting - Gesellschaft für Unternehmensmanagement mbH. The use of the website of ad tempus consulting - Gesellschaft für Unternehmensmanagement mbH is basically possible without providing any personal data. However, if a person concerned wishes to make use of our company’s special services via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the person concerned.
The processing of personal data, for example the name, address, e-mail address or telephone number of a person affected, is always carried out in accordance with the General Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to ad tempus consulting - Gesellschaft für Unternehmensmanagement mbH. By means of this Data Protection Statement, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, this Data Protection Statement informs persons affected about their rights.
As the controller for the processing, ad tempus consulting - Gesellschaft für Unternehmensmanagement mbH has implemented numerous technical and organisational measures in order to ensure the most complete protection of the personal data processed via this website. Nevertheless, internet-based data transmissions generally can have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person affected is free to transmit personal data to us in alternative ways, for example by telephone.
The Data Protection Statement of ad tempus consulting - Gesellschaft für Unternehmensmanagement mbH is based on the terms in accordance with European directives and regulations when issuing the General Data Protection Regulation (GDPR). Our Data Protection Statement should be easy to read and understand for the public, as well as for our clients and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms in this Data Protection Statement:
“Personal data” means all the information that relates to an identified or identifiable natural person (hereinafter “person affected” or “person concerned”). A natural person is regarded as identifiable who, directly or indirectly, can be identified, in particular by means of assignment to an identifier such as a name, to an identification number, to location data, to an online identifier or to one or more special features that express the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.
b) Affected persons
An affected person is any identified or identifiable natural person whose personal data is processed by the controller responsible for processing.
Processing is any process carried out with or without the help of automated procedures or any such series of processes in connection with personal data, such as the collection, recording, organisation, ordering, storage, adaptation or change, reading, selection, querying, use, disclosure by transmission, distribution or any other form of provision, comparison or linking, restriction, deletion or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.
Profiling is any type of automated processing of personal data that consists of using these personal data to evaluate certain personal aspects that relate to a natural person, in order to analyse or predict, in particular, aspects relating to work performance, economic situation, health, personal preferences, interests, reliability, behaviour, whereabouts or relocation of this natural person.
Pseudonymisation is the processing of personal data in a way in which the personal data can no longer be assigned to a specific person affected without the use of additional information, providing that this additional information is stored separately and is subject to technical and organisational measures that ensure that the personal data cannot be assigned to an identified or identifiable natural person.
g) Controller or processor
The controller or processor responsible for the processing is the natural or legal person, public authority, agency or other body that alone or jointly with others makes the decision on the purposes and means of processing personal data. If the purposes and means of this processing are specified by the law of the European Union or the member states, the controller responsible, or the specific criteria for his appointment, can be provided for in accordance with the law of the European Union law or of the member states.
A processor is a natural or legal person, public authority, institution or other body that processes personal data on behalf of the controller.
The recipient is a natural or legal person, public authority, institution or other body to which personal data is disclosed, regardless of whether it is a third party or not. Authorities that may receive personal data as part of a specific investigation under the law of the European Union or of the member states are not considered recipients.
j) Third party
A third party is a natural or legal person, public authority, agency or body other than the person affected, the controller, the processor and the persons who are authorised to process the personal data under the direct responsibility of the controller or the processor.
Consent is any voluntary, informed and unambiguous declaration of intent given by the person concerned for a specific case in the form of a declaration or other unambiguous affirmative action whereby the person concerned indicates that they consent to the processing of their personal data.
2. Name and address of the controller
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is:
ad tempus consulting
Gesellschaft für Unternehmensmanagement mbH
An der Au 9
61118 Bad Vilbel
The person concerned can prevent the placing of cookies by our website at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the placing of cookies. Furthermore, cookies that have already been placed can be deleted at any time via an Internet browser or other software programmes. This is possible in all common internet browsers. If the person concerned deactivates the placing of cookies in the Internet browser used however, not all our website’s functions may be fully usable.
4. Collection of general data and information
The website of ad tempus consulting - Gesellschaft für Unternehmensmanagement mbH collects a series of general data and information each time the website is accessed by a person affected or an automated system. These general data and information are stored in the server’s log files. The following range of data may be collected: (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 (the so-called referrer), (4) the sub-websites that are directed to our website via an accessing system, (5) the time and date of access to the website, (6) an Internet Protocol Address (IP address), (7) the Internet Service Provider of the accessing system and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
When using these general data and information, ad tempus consulting - Gesellschaft für Unternehmensmanagement mbH does not draw any conclusions about the person concerned. Rather, this information is required to (1) deliver our website’s content correctly, (2) optimise our website’s content and the advertising for it, (3) ensure the long-term functionality of our website’s information technology systems and technology ( 4) provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber attack.
This anonymously collected data and information are therefore evaluated statistically by ad tempus consulting - Gesellschaft für Unternehmensmanagement mbH on the one hand and on the other with the aim of increasing data protection and data security at our company ultimately in order to ensure an optimal level of protection for the personal data we process. The anonymous data in the server log files are stored separately from all personal data provided by a person affected.
5. Routine deletion and blocking of personal data
The controller responsible for the processing both processes and stores the personal data of the person affected only for the period of time that is necessary to achieve the storage purpose or if this was laid down by the European directives and regulations or by other legislation in laws or regulations to which the controller is subject.
If the purpose of storage no longer applies, or if a storage period prescribed by European directives and regulations or other responsible legislation expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
6. Rights of the person affected
a) Right to confirmation
Every person concerned has the right granted under European directives and regulations to request confirmation from the controller as to whether personal data concerning them are processed. If a person concerned wishes to exercise this right to confirmation, they can contact an employee at the controller at any time.
b) Right to information
Every person affected by the processing of personal data has the right, granted under European directives and regulations, to receive free information about the personal data stored about him/her and a copy of this information from the controller at any time. Furthermore, European directives and regulations grant the person affected access to the following information:
Furthermore, the person affected has a right to information as to whether personal data has been transmitted to a third country or to an international organisation. If this is the case, the person affected has the right to receive information about the appropriate guarantees in connection with the transmission.
If a person concerned wishes to exercise this right to information, they can contact an employee at the controller at any time.
the processing purposes
the categories of personal data that are processed
the recipients or categories of recipients to whom the personal data have been disclosed or are still being disclosed, in particular with regard to recipients in third countries or international organisations
if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
the existence of a right to correction or deletion of the personal data about the person concern or to the restriction of processing by the controller or a right to object to this processing
the existence of a right to lodge a complaint with a supervisory authority
if the personal data are not collected from the person affected: all available information on the origin of the data
the existence of automated decision-making including profiling in accordance with Article 22 Paragraphs 1 and (4) GDPR and — at least in these cases — meaningful information about the logic involved and the scope and intended effects of such processing for the person affected
c) Right to rectification
Every person affected by the processing of personal data has the right granted under European directives and regulations to request the immediate correction of incorrect personal data concerning them. Furthermore, the person affected has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data — including by means of a supplementary declaration.
If a person affected wishes to exercise this right to rectification, they can contact an employee of the controller at any time.
d) Right to deletion (right to be forgotten)
Every person affected by the processing of personal data has the right, granted under European directives and regulations, to demand that the controller delete the personal data concerning them immediately, provided that one of the following reasons applies and insofar as the processing is not necessary:
If one of the above-mentioned reasons applies and a person concerned wishes to have personal data stored at ad tempus consulting - Gesellschaft für Unternehmensmanagement mbH deleted, they can contact an employee at the controller at any time. The employee at ad tempus consulting - Gesellschaft für Unternehmensmanagement mbH will arrange for the deletion request to be met immediately.
If the personal data have been made public by ad tempus consulting - Gesellschaft für Unternehmensmanagement mbH and our company is the controller and as such is therefore obliged to delete the personal data in accordance with Article 17 Paragraph 1 GDPR, ad tempus consulting - Gesellschaft für Unternehmensmanagement mbH will take into account the available technology and the implementation costs and undertake appropriate measures, including technical measures, to inform other data controllers who process the published personal data that the person affected has requested the deletion of all links from these other data controllers to this personal data or of copies or replications of this personal data, insofar as the processing is not necessary.
The employee of ad tempus consulting - Gesellschaft für Unternehmensmanagement mbH will arrange the necessary deletions in individual cases.
The personal data were collected or otherwise processed for such purposes for which they are no longer necessary.
The person affected revokes their consent on which the processing was based in accordance with Article 6 Paragraph 1 Letter a GDPR or Article 9 Paragraph 2 Letter a GDPR, and there is no other legal basis for the processing.
The person affected files an objection to the processing in accordance with Article 21 Paragraph 1 GDPR, and there are no overriding legitimate reasons for the processing, or the person affected files an objection to the processing in accordance with Article 21 Paragraph 2 GDPR.
The personal data was processed unlawfully.
The deletion of personal data is necessary to fulfill a legal obligation under the law of the European Union or of the member states to which the person responsible is subject.
The personal data were collected in relation to the services offered by the information society in accordance with Article 8 Paragraph 1 of the GDPR.
e) Right to restriction of processing
Every person affected by the processing of personal data has the right granted under European directives and regulations to require the controller to restrict processing if one of the following conditions is met:
If one of the above conditions is met and a person concerned would like to request the restriction of personal data stored at ad tempus consulting - Gesellschaft für Unternehmensmanagement mbH, they can contact an employee of the controller at any time. The employee of ad tempus consulting - Gesellschaft für Unternehmensmanagement mbH will arrange for the processing to be restricted.
The person affected disputes the correctness of the personal data for a period that enables the controller to check the correctness of the personal data.
The processing is unlawful and the person affected refuses to delete the personal data and instead requests that the use of the personal data be restricted.
The controller no longer needs the personal data for the purposes of processing, but the person affected needs them to assert, exercise or defend legal claims.
The person concerned has filed an objection to the processing in accordance with Article 21 Paragraph 1 GDPR and it has not yet been determined whether the legitimate reasons of the controller outweigh those of the person concerned.
f) Right to data portability
Every person affected by the processing of personal data has the right granted under European directives and regulations to receive the personal data relating to them that have been made available to a controller by the person concerned in a structured, common and machine-readable format.
Every person affected also has the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on the consent pursuant to Article 6 Paragraph 1 Letter a GDPR or Article 9 Paragraph 2 Letter a DS-GVO or on a contract according to Article 6 Paragraph 1 Letter b DS-GVO and the processing is carried out using automated procedures, unless the processing is not necessary for the performance of a task that is in the public interest or takes place in the exercise of public authority that has been assigned to the controller.
Furthermore, when exercising their right to data portability in accordance with Article 20 Paragraph 1 GDPR, the person affected has the right to have the personal data transmitted directly from one controller to another, insofar as this is technically feasible and does not affect the rights and freedoms of other persons.
To assert the right to data portability, the person concerned can contact an employee of ad tempus consulting - Gesellschaft für Unternehmensmanagement mbH at any time.
g) Right of appeal
Every person affected by the processing of personal data has the right granted under European directives and regulations to file an appeal or objection at any time to the processing of personal data for reasons arising from their particular situation, which is based on Article 6 Paragraph 1 Letter e or f DS-GVO. This also applies to profiling based on these provisions.
In the event of an appeal, ad tempus consulting - Gesellschaft für Unternehmensmanagement mbH will no longer process the personal data unless we can prove compelling legitimate reasons for processing that outweigh the interests, rights and freedoms of the person affected, or the processing serves the establishment, exercise or defense of legal claims.
If ad tempus consulting - Gesellschaft für Unternehmensmanagement mbH processes personal data in order to conduct direct advertising, the person concerned has the right to file an objection at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is related to such direct advertising. If the person affected files an objection to ad tempus consulting - Gesellschaft für Unternehmensmanagement mbH carrying out processing for direct advertising purposes, ad tempus consulting - Gesellschaft für Unternehmensmanagement mbH will no longer process the personal data for these purposes.
In addition, the person affected has the right, for reasons arising from their particular situation, to file an objection to the processing of personal data concerning them that is carried out by ad tempus consulting - Gesellschaft für Unternehmensmanagement mbH for scientific or historical research purposes or for statistical purposes in accordance with Article 89 Paragraph 1 DS-GVO, unless such processing is necessary to fulfill a task in the public interest.
To exercise the right to file an objection, the person concerned can contact any employee of ad tempus consulting - Gesellschaft für Unternehmensmanagement mbH or another employee directly. The person affected is also free, in connection with the use of information society services, regardless of Directive 2002/58/EC, to exercise their right of objection by means of automated procedures in which technical specifications are used.
h) Automated decisions in individual cases including profiling
Every person affected by the processing of personal data has the right granted under European directives and regulations not to be subjected to a decision based solely on automated processing — including profiling — which has legal effects on them or which significantly affects them in a similar manner, if the decision (1) is not necessary for the conclusion or performance of a contract between the person affected and the controller, or (2) is permissible on the basis of legislation of the European Union or member states to which the controller is subject and this legislation takes appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the person affected or (3) is made with the express consent of the person affected.
If the decision is (1) necessary for the conclusion or performance of a contract between the person affected and the controller or (2) it results with the express consent of the person affected, ad tempus consulting - Gesellschaft für Unternehmensmanagement mbH will take appropriate measures to protect the rights and freedoms, as well as the legitimate interests, of the person affected, including at least the right to obtain the intervention of a person on the part of the controller, to express their own point of view and to contest the decision.
If the person affected wishes to assert rights with regard to automated decisions, they can contact an employee of the person responsibility for the processing at any time.
i) Right to withdraw consent under data protection law
Every person affected by the processing of personal data has the right granted under European directives and regulations to revoke consent to the processing of personal data at any time.
If the person concerned wishes to assert their right to withdraw consent, they can contact an employee of the controller at any time.
7. Legal basis for the processing operation
Article 6 I Letter a DS-GVO serves our company 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 to fulfill a contract to which the person affected is party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or considerations, the processing is based on Article 6 I Letter b GDPR.
The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in the case of enquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, for example to fulfill tax obligations, the processing is based on Article 6 I Letter c GDPR. In rare cases, it may be necessary to process personal data in order to protect the vital interests of the person affected or another natural person. This would be the case, for example, if a visitor to our company were injured and their name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party.
The processing would then be based on Article 6 I Letter d GDPR. Ultimately, processing operations could be based on Article 6 I Letter f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, provided that the interests, fundamental rights and freedoms of the person affected do not prevail. We are particularly permitted to carry out such processing operations because they have been specifically mentioned by European legislation. In this respect, legislation takes the view that a legitimate interest could be assumed if the person concerned is a client of the controller (Recital 47 Sentence 2 GDPR).
8. Legitimate interests in processing that are being pursued by the controller or a third party
If the processing of personal data is based on Article 6 I Letter f DS-GVO, our legitimate interest lies in conducting our business activities for the benefit of all our employees and our shareholders.
9. Duration for which the personal data are stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After the period has expired, the relevant data are routinely deleted, provided that they are no longer required for contract fulfillment or contract initiation.
10. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the person affected to provide the personal data; possible consequences of non-provision
We hereby explain to you that the provision of personal data is in part required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). In order to conclude a contract, it may sometimes be necessary for a person affected to provide us with personal data that we subsequently have to process. For example, the person concerned is obliged to provide us with personal data when our company concludes a contract with them.
Failure to provide personal data would mean that the contract could not be concluded with the person concerned. Before the person concerned provides personal data, the person concerned must contact one of our employees. Our employee shall explain to the person concerned, on a case-by-case basis, 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 what consequences the failure to provide the personal data would have.
11. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
This Data Protection Statement was created by the Data Protection Statement generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the external data protection officer in Munich, in cooperation with the data protection lawyer Christian Solmecke.