Privacy Policy.

Please note: pursuant to Section D of my Legal Notices, the terms of use as well as all legal relationships regarding the use of this website are subject to and governed by the law of the Federal Republic of Germany. Therefore, this Privacy Policy's German version in its entirety shall be legally binding and shall take precedence over the corresponding English version, i.e., the following document, in its entirety. This Privacy Policy's English version shall solely serve the purpose of a translation. Accordingly, the German version shall be controlling regarding any potential incompatibilities including potential inconsistencies and potential contradictions between this Privacy Policy's German and English version.

A.Name and address of the controller

As defined in the General Data Protection Regulation and other national Member State privacy laws as well as other statutory privacy provisions, the controller is:


Benjamin Koch

Frauenstr. 3

48143 Münster

Germany

B.Name and address of the data protection officer

This controller's data protection officer is:


Benjamin Koch

Frauenstr. 3

48143 Münster

Germany

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 as well as 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) of the EU General Data Protection Regulation (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 shall also apply 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 shall 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 shall 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

As soon as you access my website, the browser used on your terminal (laptop, tablet, smartphone, etc.) automatically sends information to the server of my website. This information is temporarily stored in so-called (server) log files. The following information is collected without your intervention and stored until automated erasure:

  1. information about the browser type and the 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. the retrieved file's name and URL, and
  7. websites from which the user's system accesses my website (referrer URL).

The data are also stored in my system's log files. These data are not stored jointly with other personal data of 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 (e.g., comfortable use) the website and to ensure the security and stability of my information technology systems as well as 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 shall 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.Contact form and email communication

I.Description and scope of the data processing

My website provides a contact form which can be used for electronic communication. If a user makes use of this option, the data entered in the input mask will be transmitted to me and stored. It is necessary to provide a valid email address and your full name so that I know who sent the inquiry and can reply to it.


At the time the message is sent, the following data will also be stored:

  1. the user's (remote) IP address,
  2. the host's (remote) IP address,
  3. information about the browser type and the version used,
  4. the user's operating system,
  5. the request's date and time,
  6. the retrieved file's name and URL, and
  7. websites from which the user's system accesses my website (referrer URL).

Your consent will be obtained for the data processing as part of the sending process and reference will be made to this Privacy Policy.


Alternatively, you can contact me via the email address provided. Where that is the case, the user's personal data transmitted through the email will be stored.

II.Legal basis for the data processing

The legal basis for the data processing is point (a) of Art. 6(1) GDPR provided that the user has given consent.


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

The processing of the personal data from the input mask serves me exclusively for the processing of the establishment of contact. In the case of contact via email, that also constitutes the necessary legitimate interest in the data processing.


The other personal data processed during the sending procedure serves to prevent misuse of the contact form and to ensure the security of my information technology systems.

IV.Storage period

The data shall be erased as soon as they are no longer necessary in relation to the purposes for which they were collected. For the personal data from the contact form's input mask and that 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.


The additional personal data collected during the sending process shall be erased after a period of seven days at the latest.

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, he or she can object to the storage of his or her 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@bkoch.de will be sufficient.


Where that is the case, all personal data stored in the course of establishing contact shall be erased.

F.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

  1. you have given your explicit consent pursuant to point (a) of Art. 6(1) GDPR;
  2. 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;
  3. the transfer pursuant to point (c) of Art. 6(1) GDPR is necessary for compliance with a legal obligation; and
  4. this is permitted by law and necessary for the performance of contractual relationships with you pursuant to point (b) of Art. 6(1) GDPR.

G.Analysis tool: Google reCAPTCHA

I.Description and scope of the data processing

I apply the function "Google reCAPTCHA" ("reCAPTCHA") on my website. Provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, US ("Google").


The function differentiates between a natural person and an automated program when entering data on my website. For this purpose, the website visitor's behavior is analyzed completely in the background and without any according notice as well as automatically as soon as the visitor opens the relevant page. For example, the IP address, mouse movements, or the duration of the user's visit are evaluated, transferred to Google, and stored in the US.

II.Legal basis for the data processing

The legal basis for the processing of personal data using Google reCAPTCHA is point (f) of Art. 6(1) GDPR.

III.Purpose of the data processing

The data processing serves solely to protect me against abusive automated spying and spam as well as to ascertain whether actions on the Internet are individually carried out by will.

IV.More information

Google LLC, a US-based company, is certified under the US-European privacy agreement "Privacy Shield" which ensures compliance with EU privacy standards.


You can find more information about Google reCAPTCHA at https://www.google.com/recaptcha/intro/android.html and about the management of your usage data in Google's Privacy Policy (https://policies.google.com/privacy?hl=en&gl=US).

H.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:

  1. the purposes for which the personal data are processed;
  2. the categories of personal data concerned;
  3. the recipients or categories of recipient to whom the personal data concerning you have been or will be disclosed;
  4. 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;
  5. 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;
  6. the right of lodge a complaint with a supervisory authority;
  7. where the personal data are not collected from you, any available information as to their source; and
  8. 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 as well as the significance and envisaged consequences of such processing for you.

You have the right to be informed as to whether the personal data concerning you are transferred to a third country or to an international organization. Where that is the case, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR relating to the transfer.

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:

  1. 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;
  2. the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
  3. 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
  4. 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.

Where processing of personal data concerning you has been restricted, such data shall not, with the exception of storage, be processed without your consent or for the purpose of establishment, exercise, or defense of legal claims for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.


Where you have obtained restriction pursuant to the aforementioned terms and conditions, you shall be informed by the controller before the restriction is lifted.

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:

  1. The personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  2. 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.
  3. 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.
  4. The personal data concerning you have been unlawfully processed.
  5. 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.
  6. 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, shall 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 shall not apply to that extent that processing is necessary

  1. for exercising the right of freedom of expression and information;
  2. 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;
  3. for reasons of public interest in the area of public health pursuant to points (h) and (i) of Art. 9(2) as well as Art. 9(3) GDPR;
  4. 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
  5. 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

  1. 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
  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 transmitted directly from one controller to another, where technically feasible. That shall not adversely affect the rights and freedoms of others.


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.

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 shall 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 shall 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

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects relating to you or similarly significantly affects you. This shall not apply if the decision

  1. is necessary for the conclusion, or performance of, a contract between you and the controller;
  2. is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
  3. is based on your explicit consent.

However, aforementioned decisions shall not be based on special categories of personal data referred to in Art. 9(1) GDPR, unless point (a) or (g) of Art. 9(2) GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.


In the cases referred to in points (a) and (c), the controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, 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.

X.Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you shall 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 shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

I.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.

J.Effectiveness and amendment of this Privacy Policy

Last updated in January 2021, this Privacy Policy 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 Policy may be modified. As amended, the current Privacy Policy can be retrieved under https://benjaminko.ch/privacy-policy permanently.