According to § 5 TMG
Dr. Sebastian Gerth
Responsible for the content according to § 55 Abs. 2 RStV
Dr. Sebastian Gerth
I am under no obligation and willing to participate in dispute resolution procedures before a consumer dispute resolution authority.
Liability for content
As a service provider I am responsible according to § 7 Abs. 1 TMG for own contents on these sides according to the general laws. According to §§ 8 to 10 TMG, however, as a service provider, I am not obligated to monitor transmitted or stored third-party information or to investigate circumstances that indicate an illegal activity.
Obligations to remove or to block the usage of information under general law remain unaffected. However, liability in this regard is only possible from the moment of knowledge of a specific infringement. Upon notification of appropriate violations I will remove this content immediately.
Liability for links
My offer includes links to external third-party websites about which I have no influence. Therefore I can not assume any liability for these external contents. The content of the linked pages is always the responsibility of the respective provider or operator of the pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking.
However, a permanent content control of the linked pages is not reasonable without concrete evidence of a violation of law. Upon notification of violations, I will remove such links immediately.
The content and works on these pages created by the site operators are subject to German copyright law. The duplication, processing, distribution and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this site are for private, non-commercial use only.
As far as the contents on this site were not created by the operator, the copyrights of third parties are considered. In particular, contents of third parties are marked. If you should still be aware of a copyright infringement, I ask for a notice. Upon notification of violations, I will remove such content immediately.
Dr. Sebastian Gerth
Types of processed data
- Inventory data (e.g., person master data, name or address).
- Contact information (e.g., e-mail, phone numbers).
- Content data (e.g., text input, photographs, videos).
- Usage data (e.g., websites visited, interest in content, access times).
- Meta / communication data (e.g., device information, IP addresses).
Categories of affected persons
Visitors and users of the online offer (hereinafter we refer to the affected persons as "users").
Purpose of processing
- Providing the online offer, its functions and contents.
- Answering contact requests and communicating with users.
- Safety measures.
- Audience measurement / marketing.
"Personal data" means any information relating to an identified or identifiable natural person (hereinafter the "data subject"); a natural person is considered as identifiable, which can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, to an identification number, to location data, to an online identifier (e.g. cookie) or to one or more special features, which are the expression of the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.
"Processing" means any process performed with or without the aid of automated procedures, or any such process associated with personal data. The term covers a wide range and covers practically every handling of data.
"Pseudonymisation" means the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without additional information being provided, as far as such additional information is kept separate and technical and organizational measures ensure that the personal data can not be assigned to an identified or identifiable natural person.
"Profiling" means any kind of automated processing of personal data which involves the usage of such personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location of this natural person.
"Responsible person" means the natural or legal person, public authority or other institution which, alone or with others, decides on the purposes and means of processing personal data.
"Processor" means a natural or legal person, public authority or other institution that processes personal data on behalf of the responsible person.
Relevant legal bases
In accordance with Art. 13 GDPR I inform you about the legal basis of my data processing. For users within the scope of the General Data Protection Regulation (GDPR), the legal basis for obtaining consent is Article 6 (1) lit. a and Art. 7 GDPR; the legal basis for the processing for the fulfillment of my services and the execution of contractual measures as well as the answer to inquiries is Art. 6 para. 1 lit. b GDPR; the legal basis for processing in order to fulfill my legal obligations is Art. 6 (1) lit. c GDPR; in case that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR is the legal basis.
The legal basis for the processing required to carry out a task in the public interest or in the exercise of official authority which has been delegated to the controller is Art. 6 (1) lit. e GDPR.
The legal basis for processing in order to safeguard my legitimate interests is Art. 6 (1) lit. f GDPR.
The processing of data for purposes other than those for which they were collected is determined in accordance with the provisions of Art. 6 (4) GDPR.
The processing of special categories of data (pursuant to Art. 9 (1) GDPR) is governed by the provisions of Art. 9 (2) GDPR.
In accordance with legal requirements, with taking into account the state of the art, the costs of implementation and the nature of them, the scope, circumstances and purposes of the processing as well as the different likelihood and severity of the risk to the rights and freedoms of natural persons, I will take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk.
Measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as their access, input, disclosure, availability and disconnection. Furthermore, I have set up procedures that ensure the perception of data subjects' rights, the deletion of data and the reaction to the threat to data. Furthermore, I consider the protection of personal data already in the development, or selection of hardware, software and procedures, according to the principle of data protection through technology design and privacy-friendly presets.
Collaboration with contract processors, joint controllers and third parties
If, in the context of my processing, I disclose data to other persons and companies (contract processors, joint controllers or third parties), give them access to them or give them access to the data otherwise, this will only be done on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as payment service providers, to fulfill the contract), users have consented to a legal obligation to do so or on the basis of my legitimate interests (e.g. the use of agents, webhosters, etc.).
If I disclose data to other companies of my group, convey or otherwise grant access to them, this is done in particular for administrative purposes as a legitimate interest and, moreover, based on a legal basis.
Transfers to third countries
If I process data in a third country (i.e. outside of the European Union (EU), the European Economic Area (EEA) or the Swiss Confederation) or in the context of the use of third party services or disclosure, or transfer of data to other persons or companies, this will only be done if it is to fulfill my (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of my legitimate interests. Except as expressly provided or required by law, I will process or maintain the data only in third countries with a recognized level of data protection, including those licensed under the Privacy Shield, or on the basis of specific warranties, such as limited liability. contractual obligation by so-called standard protection clauses of the European Commission, the existence of certifications or binding internal data protection regulations (Art. 44 to 49 GDPR, Information page of the European Commission).
Rights of data subjects
You have the right to ask for confirmation which data is being processed and for information about this data, as well as for further information and copy of the data in accordance with legal requirements.
You have the right, in accordance with the legal requirements, to demand the completion of the data concerning you or the correction of the incorrect data concerning you.
In accordance with the legal requirements, you have the right to demand that the relevant data will be deleted immediately, or alternatively to demand a restriction of the processing of the data in accordance with the statutory provisions.
You have the right to request that the data relating to you provided to me be obtained in accordance with legal requirements and to request their transmission to other persons responsible.
You also have the right, in accordance with the statutory provisions, to submit a complaint to the competent supervisory authority.
You have the right to revoke granted consent with effect for the future.
Right to contradict
You may object to the future processing of your data in accordance with legal requirements at any time. The objection may in particular be made against processing for direct marketing purposes.
Cookies and right to object to direct advertising
"Cookies" are small files that are stored on users' computers. Different information can be stored within the cookies. A cookie serves primarily to store the information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online service and closes his browser. In such a cookie, e.g. the contents of a shopping cart are stored in an online shop or a login status. "Permanent" or "persistent" refers to cookies that remain stored even after the browser has been closed. Thus, e.g. the login status will be saved if users visit it after several days. Likewise, in such a cookie the interests of the users can be stored, which are used for range measurement or marketing purposes. A "third-party cookie" refers to cookies that are offered by providers other than the person responsible for providing the online offer (otherwise, if only their cookies are meant, they are called "first-party cookies").
If users do not want cookies stored on their computer, they will be asked to disable the option in their browser's system settings. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
A general contradiction against the use of the cookies used for the purposes of online marketing can in a variety of services, especially in the case of tracking, on the US page http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/ be explained. Furthermore, the storage of cookies can be achieved by switching them off in the settings of the browser. Please note that not all features of this online offer may be used.
Deletion of data
Unless the data is deleted because it is required for other and legally permitted purposes, its processing will be restricted. That means, the data is blocked and not processed for other purposes. This applies for example for data that must be kept for commercial or tax reasons.
Comments and posts
If users leave comments or other contributions, their IP addresses may be stored based on my legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR for 7 days. This is for my safety, if someone leaves behind comments and posts with illegal content (insults, prohibited political propaganda, etc.). In this case, I can be prosecuted for the comment or post and therefore I am interested in the identity of the author.
Furthermore, I reserve the right, based on my legitimate interests, in accordance with Art. 6 para. 1 lit. f. GDPR to process the information of users for the purpose of spam detection.
The information provided in the comments and contributions to the person, any contact and website information as well as the content information, are stored by me until the contradicition of the user permanently.
Akismet anti-spam check
My online offering uses the "Akismet" service offered by Automattic Inc., 60 29th Street # 343, San Francisco, CA 94110, USA. The use is based on my legitimate interests in accordance with Art. 6 para. 1 lit. f. GDPR. With the help of this service, comments of real people are distinguished from spam comments. All comment information is sent to a server in the US, where it is analyzed and stored for four days for comparison. If a comment has been classified as spam, the data will be stored beyond that time. This information includes the name entered, the email address, the IP address, the comment content, the referrer, details of the browser used, the computer system and the time of the entry.
Users are welcome to use pseudonyms, or to refrain from entering their name or e-mail address. You can completely prevent the transfer of data by not using my commenting system. That would be a shame, but unfortunately I see no other alternatives that work equally effectively.
Get profile pictures from Gravatar
I use the Gravatar service of Automattic Inc., 60 29th Street # 343, San Francisco, CA 94110, USA, within my online offering, and specifically on the blog.
Gravatar is a service that allows users to log in and store profile pictures and their email addresses. If users with the respective e-mail address on other online sites (especially in blogs) leave posts or comments, their profile pictures can be displayed next to the posts or comments. For this, the e-mail address communicated by the users is sent to Gravatar in encrypted form in order to check whether a profile has been saved for it. This is the sole purpose of submitting the e-mail address and it will not be used for any other purpose, but will be deleted afterwards.
The use of Gravatar is based on my legitimate interests within the meaning of Art. 6 para. 1 lit. f) GDPR, because with the help of Gravatar I offer the post and comment writers the opportunity to personalize their posts with a profile picture.
If users do not want a user picture linked to their e-mail address on Gravatar to appear in the comments, they should use an e-mail address that is not registered with Gravatar to comment. I also point out that it is also possible to use an anonymous or even no e-mail address if the users do not want their own e-mail address to be sent to Gravatar. Users can completely prevent the transfer of data by not using my commenting system.
Retrieval of emojis and smilies
The use of emojis is based on my legitimate interests, i.e. interest in an attractive design of my online offer according to Art. 6 para. 1 lit. f. GDPR.
When contacting me (e.g. by contact form, e-mail, telephone or via social media), the information of the user to process the contact request and their processing according to Art. 6 para. 1 lit. b. (in the context of contractual / pre-contractual relationships), Art. 6 para. 1 lit. f. (other requests) GDPR is being processed. The information provided by the users can be stored in a Customer Relationship Management System ("CRM System") or comparable request organization.
I delete the requests, if they are no longer required. I check the requirement every two years; Furthermore, the legal archiving obligations apply.
Hosting and e-mailing
The hosting services I use are designed to provide the following services: infrastructure and platform services, computing capacity, storage and database services, e-mailing, security, and technical maintenance services I use to operate this online service.
Hereby, I or my hosting provider processes stock data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offer on the basis of my legitimate interests in an efficient and secure provision of this online offer according to Art. 6 para. 1 lit. f GDPR i.c.w. Art. 28 GDPR (conclusion of contract processing contract).
Collection of access data and log files
I or my hosting provider collects on the basis of my legitimate interests according to Art. 6 (1) lit. f. GDPR data on every access to the server on which this service is located (so-called server log files). The access data includes the name of the retrieved web page, file, date and time of retrieval, amount of data transferred, notification of successful retrieval, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.
Logfile information is stored for security purposes (e.g. to investigate abusive or fraudulent activities) for a maximum of 7 days and will be deleted afterwards. Data whose further retention is required for evidential purposes are excluded from the erasure until the final clarification of the incident.
Range measurement with Matomo
Within the range analysis of Matomo, the following data is processed: the type of browser you use and the browser version, the operating system you are using, your country of origin, the date and time of the server request, the number of visits, your time spent on the website, and your clicked external links. The IP address of the users is anonymized before being stored.
Users can object to the anonymized data collection by the program Matomo at any time with effect for the future by clicking on the link below. In this case, a so-called opt-out cookie is stored in your browser, with the result that Matomo no longer collects any session data. If users delete their cookies, however, this means that the opt-out cookie is also deleted and must therefore be reactivated by the users.
The logs with the data of the users will be deleted after 6 months at the latest.
If I ask the users for consent (e.g. in the context of a cookie consent), the legal basis of this processing is Art. 6 para. 1 lit. a. GDPR. Otherwise, the personal data of the users will be processed on the basis of my legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer according to Art. 6 (1) (f) GDPR).
Online presence in social media
I maintain online presence within social networks and platforms in order to communicate with the customers, prospects and users who are active there and to inform them about my services.
I would point out that data from users outside the European Union can be processed. This may result in risks to users because, e.g. the enforcement of user rights could be made more difficult. As for US providers certified under the Privacy Shield, I would point out that they are committed to respecting EU privacy standards.
Furthermore, the data of the users are usually processed for market research and advertising purposes. Thus, e.g. user profiles are created from the user behavior and the resulting interests of the users. The usage profiles may in turn be used to e.g. place advertisements inside and outside the platforms that are allegedly in line with users' interests. For these purposes, cookies are usually stored on the computers of the users, in which the user behavior and the interests of the users are stored. Furthermore, data can also be stored in the usage profiles independently of the devices used by the users (in particular if the users are members of the respective platforms and are logged in).
The processing of the personal data of users is based on my legitimate interests in an effective information of users and communication with users in accordance with. Art. 6 para. 1 lit. f. DSGVO. If the users are asked by the respective providers of the platforms for a consent to the above-described data processing, the legal basis of the processing is Art. 6 para. 1 lit. a., Art. 7 GDPR.
For a detailed description of the respective processing and the possibilities of contradiction (opt-out), I refer to the following linked information of each provider.
Also in the case of request for information and the assertion of user rights, I point out that these can be most effectively asserted by the providers. Only the providers have access to the data of the users and can directly take appropriate measures and provide information. If you still need help, then you can contact me.
Integration of services and contents of third parties
Within my online offer I use, based on my legitimate interests (i.e. interest in the analysis, optimization and economical operation of our online offer within the meaning of Art. 6 Abs. 1 lit. f. DSGVO), content or service offers from third-party providers and their content resp. services, such as including videos or fonts (hereinafter uniformly referred to as "content").
This always presupposes that the third-party providers of this content perceive the IP address of the users, since they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. I strive to use only content whose respective providers use the IP address only for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, also referred to as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information, such as visitor traffic, on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may include technical information (and more) about the browser and operating system, referring web pages, time of visit, and other information regarding the use of our online offer.
Within my online offering, features and content of the Twitter service offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA may be included. For this, e.g. content such as images, videos, or text and buttons that allow users to share content from this online offering within Twitter is used.
Created with Datenschutz-Generator.de by lawyer Dr. Thomas Schwenke (adapted by the site operator)