Please note: only the German version of this website's privacy notice (Datenschutzerklärung) is official and legally binding. The corresponding English version solely serves the purpose of a convenience translation.
Contents
A.Name and address of the controller
As defined in the EU General Data Protection Regulation (GDPR), other national Member State privacy laws, and other statutory privacy provisions, the controller is:
Benjamin Y. KochFachnummer GD 41
Universitätsstraße 150
44801 Bochum
Deutschland
+49 231 8779501
hey@benjaminko.ch
benjaminko.ch.
B.Name and address of the data protection officer
This controller's data protection officer is:
Benjamin Y. KochFachnummer GD 41
Universitätsstraße 150
44801 Bochum
Deutschland
+49 231 8779501
privacy@benjaminko.ch
benjaminko.ch.
C.General provisions regarding data processing
I.Scope of the processing of personal data
In principle, I process my users' personal data solely to the extent necessary for the provision of a functioning website and my contents and services. The processing of my users' personal data is generally carried out only after the user's consent. An exception applies in those cases where prior consent cannot be obtained for matters of fact and the data processing is permitted under statutory provisions.
II.Legal basis for the processing of personal data
Where I obtain the data subject's consent for processing operations of personal data, point (a) of Art. 6(1) GDPR serves as the legal basis. Point (b) of Art. 6(1) GDPR serves as the legal basis for the processing of personal data required for the performance of a contract to which the data subject is a party. This also applies to processing operations necessary for the implementation of pre-contractual measures. Where the processing of personal data is necessary to fulfil a legal obligation to which I am subject, point (c) of Art. 6(1) GDPR serves as the legal basis. In the case that vital interests of the data subject or another natural person necessitate the processing of personal data, point (d) of Art. 6(1) GDPR serves as the legal basis. Where the processing is necessary to safeguard a legitimate interest of me or a third party and where the data subject's interests, fundamental rights, and fundamental freedoms do not override the first-mentioned interest, point (f) of Art. 6(1) GDPR serves as the legal basis for the processing.
III.Data erasure and storage period
The data subject's personal data must be erased or made unavailable as soon as the purpose of storage no longer applies. Storage may also be carried out where the European or national legislator has provided for that in regulations, laws, or other provisions under Union law to which the controller is subject. The data must also be made unavailable or erased where a storage period prescribed by the aforementioned standards expires, unless further storage of the data is necessary for the conclusion or performance of a contract.
D.Web hosting service and log file generation
I.Description and scope of the data processing
Each time you access my website, my system automatically collects data and information from the computer system of the accessing computer. The following data is collected:
- The user's IP address;
- Date and time of access;
- The time difference between the requesting host and the web server;
- The content of the request or the file retrieved;
- The access status;
- The amount of data transferred;
- The website from which the user's system accesses my website; and
- Information about the user's browser type, the operating system, the interface, the browser language and the version used by the user.
II.Legal basis for the data processing
The legal basis for the temporary storage of data and log files is point (f) of Art. 6(1) GDPR.
III.Purpose of the data processing
The temporary storage of the IP address by the system is necessary in order to enable the website's delivery to the user's computer. For this purpose, the user's IP address must remain stored for the session's duration. The storage in log files is carried out to ensure the website's functionality (e.g., smooth connection setup). In addition, the data serves me to optimize the website technically and to ensure the security and stability of my information technology systems and for other administrative purposes. An analysis of the data for marketing purposes does not occur in this context. Under no circumstances do I use the collected data for the purpose of drawing conclusions relating to your person. Those purposes also constitute my legitimate interest in the data processing pursuant to point (f) of Art. 6(1) GDPR.
IV.Storage period
The data must be erased as soon as they are no longer necessary in relation to the purposes for which they were collected. In the event of data collection for the provision of the website, that is the case when the respective session has ended. Where the data are stored in log files, that is the case after seven days at the latest. Storage beyond that is possible. Where that is the case, the users' IP addresses are erased or alienated so that an assignment of the retrieving client is no longer possible.
V.Possibility to object and to erase
The collection of data for the provision of the website and the data storage in log files is mandatory for the website's operation. Therefore, there is no possibility to object on the part of the user.
E.Use of cookies
A detailed list of the individual cookies (name, host, duration, type, description) you find in the cookie settings.
I.Description and scope of the data processing
My website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. When a user accesses 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 called up again. I use cookies to make my website more user-friendly. Some elements of my website require that the calling browser can be identified even after a page changes. The following data is stored and transmitted in the cookies: your consent/rejection to the display of content from external providers. I also use optional cookies on my website. The following data is stored and transmitted in the cookies: your consent/rejection to the display of Mapbox content. When accessing my website, the user is informed about the use of cookies and their consent to the processing of the personal data used in this context is obtained. In this context, reference is also made to this privacy policy.
II.Legal basis for the data processing
The legal basis for the processing of personal data using non-essential cookies is point (a) of Art. 6(1) GDPR provided that the user has given consent. Otherwise, the legal basis for the processing of personal data using technically necessary cookies is point (f) of Art. 6(1) GDPR.
III.Purpose of the data processing
The purpose of using technically necessary cookies is to enable the use of websites for users. Some functions of my website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page changes. For the following applications I need cookies: adoption of preferences for embedding external content. The user data collected by technically necessary cookies are not used to create user profiles. The optional cookies are used for the purpose of improving the quality of my website and its content. I require cookies for the following applications: adoption of preferences for embedding Mapbox content. In these purposes also lies my legitimate interest in the subsequent processing of personal data pursuant to point (f) of Art. 6(1) GDPR.
IV.Storage period, possibility to object and to erase
Cookies are stored on the user's computer and transmitted from it to my site. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your Internet browser, you can disable or restrict the storage of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for my website, it may no longer be possible to fully use all functions of the website.
F.Email communication
I.Description and scope of the data processing
Where you contact me via the email address provided, the user's personal data transmitted through the email will be stored. No data will be passed on to third parties in this context. The data is used exclusively for processing the conversation.
II.Legal basis for the data processing
The legal basis for processing the data transmitted in the course of sending an email is point (f) of Art. 6(1) GDPR. Where the email contact's purpose is to conclude a contract, the additional legal basis for the processing is point (b) of Art. 6(1) GDPR.
III.Purpose of the data processing
In the case of contact via email, the processing of the establishment of contact constitutes the necessary legitimate interest in the data processing.
IV.Storage period
The data must be erased as soon as they are no longer necessary in relation to the purposes for which they were collected. For the personal data sent by email, that is the case when the respective conversation with the user has ended. The conversation ends when it can be inferred from the circumstances that the facts in question have been conclusively clarified.
V.Possibility to object and to erase
The user has the possibility to withdraw the declaration of consent to the processing of personal data at any time. If the user contacts me via email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued. If you wish to make use of your right to withdraw or object, an email sent to privacy@benjaminko.ch will be sufficient. Where that is the case, all personal data stored in the course of establishing contact must be erased.
G.Transfers of data
Personal data concerning you are not transferred to third parties for purposes other than those listed below. I only transfer personal data concerning you to third parties provided that
- You have given your explicit consent pursuant to point (a) of Art. 6(1) GDPR;
- The transfer pursuant to point (f) of Art. 6(1) GDPR is necessary for the establishment, exercise, or defense of legal claims and there are no grounds to presume an overriding legitimate interest in the non-transfer of your data;
- The transfer pursuant to point (c) of Art. 6(1) GDPR is necessary for compliance with a legal obligation; and
- This is permitted by law and necessary for the performance of contractual relationships with you pursuant to point (b) of Art. 6(1) GDPR.
H.Mapbox API
I.Description and scope of the data processing
My website embeds a Mapbox API on the home page. The provider is Mapbox Inc., 740 15th St NW, 5th Floor, Washington, D.C. 20005, United States ("Mapbox"). Mapbox presents geographic information visually and interactively. When you visit a page provided with the API (i.e., with a map from Mapbox), a direct connection to the Mapbox servers is established. Information about your user behavior (e.g., IP address) is forwarded to these servers in the USA, stored there, and evaluated.
II.Legal basis for the data processing
The legal basis for the data processing using the Mapbox API is point (a) of Art. 6(1) GDPR provided that the data subject has given consent.
III.Purpose of the data processing
The sole purpose of the data processing is to ensure an attractive presentation of my online offering.
IV.More information
Mapbox, based in the USA, claims to ensure a level of data protection, e.g., by entering into appropriate agreements as set out in applicable data protection laws and regulations, and, inter alia, through certification under the EU-U.S. Data Privacy Framework and, where required, standard contractual clauses or alternative mechanisms for the transfer of data as approved by the European Commission (Art. 46 GDPR) or other applicable regulatory authorities or legislators. For more information on the handling of your usage data, please refer to Mapbox's privacy policy (https://www.mapbox.com/legal/privacy). For the terms of service for Mapbox, please refer to https://www.mapbox.com/legal/tos.
V.Possibility to object and to erase
If you do not agree to the future transmission of your data to Mapbox as part of the use of the Mapbox API, you also have the option of completely deactivating the Mapbox web service by switching off the JavaScript application in your browser. The map display offered by Mapbox on this website cannot be used then. You can withdraw your consent to the processing of personal data at any time with effect for the future. This can be done as described above or by erasing the relevant cookies/local storage items or external content.
I.Rights of the data subject
Where personal data concerning you are processed, you are the data subject as defined in the GDPR and you are entitled to the following rights vis-à-vis the controller:
I.Right of access
You have the right to obtain from the controller confirmation as to whether personal data concerning you are being processed. Where that is the case, you have the right to obtain from the controller access to the following information:
- The purposes for which the personal data are processed;
- The categories of personal data concerned;
- The recipients or categories of recipient to whom the personal data concerning you have been or will be disclosed;
- The envisaged duration of the storage of the personal data concerning you or, if it is not possible to provide specific information in this regard, 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 you or to object to such processing;
- The right of lodge a complaint with a supervisory authority;
- Where the personal data are not collected from you, any available information as to their source; and
- The existence of automated decision-making, including profiling, referred to in Art. 22(1) and (4) GDPR and—at least in these cases—meaningful information about the logic involved and the significance and envisaged consequences of such processing for you.
II.Right to rectification
You have the right to obtain from the controller rectification and/or completion of personal data concerning you where the personal data processed relating to you is inaccurate or incomplete. The controller must carry out the correction without undue delay.
III.Right to restriction of processing
Where one of the following applies, you have the right to obtain restriction of processing of the personal data concerning you:
- The accuracy of the personal data concerning you is contested by you, for a period enabling the controller to verify the accuracy of the personal data;
- The processing is unlawful and you oppose the erasure of the personal data and request 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 you for the establishment, exercise, or defense of legal claims; or
- You have objected to processing pursuant to Art. 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of you.
IV.Right to erasure ("right to be forgotten")
1.Obligation to erase
You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller is obliged to erase personal data without undue delay where one of the following grounds applies:
- The personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- You withdraw your consent on which the processing is based pursuant to point (a) of Art. 6(1), or point (a) of Art. 9(2) GDPR, and where there is no other legal ground for the processing.
- You object to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21(2) GDPR.
- The personal data concerning you have been unlawfully processed.
- The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data concerning you have been collected in relation to the offer of information society services referred to in Art. 8(1) GDPR.
2.Information to third parties
Where the controller has made the personal data concerning you public and is obliged pursuant to Art. 17(1) GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, must take reasonable steps, including technical measures, to inform the controllers which are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
3.Derogations
The right to erasure does not apply to that extent that processing is necessary
- For exercising the right of freedom of expression and information;
- For compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- For reasons of public interest in the area of public health pursuant to points (h) and (i) of Art. 9(2) and Art. 9(3) GDPR;
- For archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Art. 89(1), in so far as the right referred to in para. 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
- For the establishment, exercise, or defense of legal claims.
V.Right to notification
Provided that you have exercised your right to rectify, erase, or restrict the processing of personal data concerning you against the controller, the latter is obliged to communicate such rectification or erasure of the data or restriction of the data processing to each recipient to whom the personal data concerning you have been disclosed, unless this proves impossible or involves a disproportionate effort. You have the right vis-à-vis the controller to be informed of such recipients.
VI.Right to data portability
You have the right to receive the personal data concerning you, which you have provided to a controller in a structured, commonly used, and machine-readable format. In addition, you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where
- The processing is based on consent pursuant to point (a) of Art. 6(1) GDPR or point (a) of Art. 9(2) GDPR or on a contract pursuant to point (b) of Art. 6(1) GDPR; and
- The processing is carried out by automated means.
VII.Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Art. 6(1) GDPR; including profiling based on those provisions. The controller must no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights, and freedoms or for the establishment, exercise, or defense of legal claims. Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing; which includes profiling to the extent that it is related to such direct marketing. Where you object to processing for direct marketing purposes, the personal data concerning you must no longer be processed for such purposes. You have the possibility to exercise your right to object by automated means using technical specifications in the context of the use of information society services—notwithstanding Directive 2002/58/EC.
VIII.Right to withdraw the declaration of consent under privacy law
You have the right to withdraw your declaration of consent under privacy law at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before withdrawal.
IX.Automated individual decision-making, including profiling
Automated individual decision-making—including profiling—does not take place on my website.
X.Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work, or place of the alleged infringement if you consider that the processing of personal data concerning you infringes the GDPR. The supervisory authority with which the complaint has been lodged informs the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.
J.Data security
For security reasons and to protect data transmission within the scope of your visit to my website, I use the widespread SSL (Secure Socket Layer) or TLS (Transport Layer Security) protocol in conjunction with the highest level of encryption supported by your browser. Generally, this is a 256-bit encryption. If your browser does not support 256-bit encryption, I use 128-bit v3 technology instead. Whether an individual page of my website is transmitted in encrypted form is indicated by the closed depiction of the key or lock icon in the status bar of your browser and by the fact that the browser's address line displays https:// instead of http://. Data you transmitted to me cannot be read by third parties provided that SSL or TLS encryption is activated.
K.Effectiveness and amendment of this privacy notice
Last updated on , this privacy notice is currently effective. Due to further developments of my website and offerings thereon or due to the modification of statutory provisions or official requirements, this privacy notice may be modified. As amended, the current privacy notice can be retrieved under https://benjaminko.ch/privacy-notice permanently.