Privacy Policy

We are very delighted that you have shown interest in our enterprise.
Data protection is of a particularly high priority for the management of
the Stefan Hojer IT-Beratung. The use of the Internet pages of the
Stefan Hojer IT-Beratung is possible without any indication of personal
data; however, if a data subject wants to use special enterprise
services via our website, processing of personal data could become
necessary. If the processing of personal data is necessary and there is
no statutory basis for such processing, we generally obtain consent from
the data subject.

The processing of personal data, such as the name, address, e-mail
address, or telephone number of a data subject shall always be in line
with the General Data Protection Regulation (GDPR), and in accordance
with the country-specific data protection regulations applicable to the
Stefan Hojer IT-Beratung. By means of this data protection declaration,
our enterprise would like to inform the general public of the nature,
scope, and purpose of the personal data we collect, use and process.
Furthermore, data subjects are informed, by means of this data
protection declaration, of the rights to which they are entitled.

As the controller, the Stefan Hojer IT-Beratung has implemented numerous
technical and organizational measures to ensure the most complete
protection of personal data processed through this website. However,
Internet-based data transmissions may in principle have security gaps,
so absolute protection may not be guaranteed. For this reason, every
data subject is free to transfer personal data to us via alternative
means, e.g. by telephone.

1. Definitions

The data protection declaration of the Stefan Hojer IT-Beratung is based
on the terms used by the European legislator for the adoption of the
General Data Protection Regulation (GDPR). Our data protection
declaration should be legible and understandable for the general public,
as well as our customers and business partners. To ensure this, we would
like to first explain the terminology used.

In this data protection declaration, we use, inter alia, the following
terms:

a) Personal data

Personal data means any information relating to an identified or
identifiable natural person (“data subject”). An identifiable
natural person is one who can be identified, directly or indirectly,
in particular by reference to an identifier such as a name, an
identification number, location data, an online identifier or to one
or more factors specific to the physical, physiological, genetic,
mental, economic, cultural or social identity of that natural
person.

b) Data subject

Data subject is any identified or identifiable natural person, whose
personal data is processed by the controller responsible for the
processing.

c) Processing

Processing is any operation or set of operations which is performed
on personal data or on sets of personal data, whether or not by
automated means, such as collection, recording, organisation,
structuring, storage, adaptation or alteration, retrieval,
consultation, use, disclosure by transmission, dissemination or
otherwise making available, alignment or combination, restriction,
erasure or destruction.

d) Restriction of processing

Restriction of processing is the marking of stored personal data
with the aim of limiting their processing in the future.

e) Profiling

Profiling means any form of automated processing of personal data
consisting of the use of personal data to evaluate certain personal
aspects relating to a natural person, in particular to analyse or
predict aspects concerning that natural person’s performance at
work, economic situation, health, personal preferences, interests,
reliability, behaviour, location or movements.

f) Pseudonymisation

Pseudonymisation is the processing of personal data in such a manner
that the personal data can no longer be attributed to a specific
data subject without the use of additional information, provided
that such additional information is kept separately and is subject
to technical and organisational measures to ensure that the personal
data are not attributed to an identified or identifiable natural
person.

g) Controller or controller responsible for the processing

Controller or controller responsible for the processing is the
natural or legal person, public authority, agency or other body
which, alone or jointly with others, determines the purposes and
means of the processing of personal data; where the purposes and
means of such processing are determined by Union or Member State
law, the controller or the specific criteria for its nomination may
be provided for by Union or Member State law.

h) Processor

Processor is a natural or legal person, public authority, agency or
other body which processes personal data on behalf of the
controller.

i) Recipient

Recipient is a natural or legal person, public authority, agency or
another body, to which the personal data are disclosed, whether a
third party or not. However, public authorities which may receive
personal data in the framework of a particular inquiry in accordance
with Union or Member State law shall not be regarded as recipients;
the processing of those data by those public authorities shall be in
compliance with the applicable data protection rules according to
the purposes of the processing.

j) Third party

Third party is a natural or legal person, public authority, agency
or body other than the data subject, controller, processor and
persons who, under the direct authority of the controller or
processor, are authorised to process personal data.

Consent of the data subject is any freely given, specific, informed
and unambiguous indication of the data subject’s wishes by which he
or she, by a statement or by a clear affirmative action, signifies
agreement to the processing of personal data relating to him or her.

2. Name and Address of the controller

Controller for the purposes of the General Data Protection Regulation
(GDPR), other data protection laws applicable in Member states of the
European Union and other provisions related to data protection is:

Stefan Hojer IT-Beratung
Wurzelbauerstr. 13
90409 Nürnberg
Deutschland

Phone: +49 176 24068150
Email: mail@stefanhojer.de
Website: www.stefanhojer.de

3. Collection of general data and information

The website of the Stefan Hojer IT-Beratung collects a series of general
data and information when a data subject or automated system calls up
the website. This general data and information are stored in the server
log files. Collected may be (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 (so-called referrers), (4)
the sub-websites, (5) the date and time of access to the Internet site,
(6) an Internet protocol address (IP address), (7) the Internet service
provider of the accessing system, and (8) any other similar data and
information that may be used in the event of attacks on our information
technology systems.

When using these general data and information, the Stefan Hojer
IT-Beratung does not draw any conclusions about the data subject.
Rather, this information is needed to (1) deliver the content of our
website correctly, (2) optimize the content of our website as well as
its advertisement, (3) ensure the long-term viability of our information
technology systems and website technology, and (4) provide law
enforcement authorities with the information necessary for criminal
prosecution in case of a cyber-attack. Therefore, the Stefan Hojer
IT-Beratung analyzes anonymously collected data and information
statistically, with the aim of increasing the data protection and data
security of our enterprise, and to ensure an optimal level of protection
for the personal data we process. The anonymous data of the server log
files are stored separately from all personal data provided by a data
subject.

4. Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the
data subject only for the period necessary to achieve the purpose of
storage, or as far as this is granted by the European legislator or
other legislators in laws or regulations to which the controller is
subject to.

If the storage purpose is not applicable, or if a storage period
prescribed by the European legislator or another competent legislator
expires, the personal data are routinely blocked or erased in accordance
with legal requirements.

5. Rights of the data subject

a) Right of confirmation

Each data subject shall have the right granted by the European
legislator to obtain from the controller the confirmation as to
whether or not personal data concerning him or her are being
processed. If a data subject wishes to avail himself of this right
of confirmation, he or she may, at any time, contact any employee of
the controller.

b) Right of access

Each data subject shall have the right granted by the European
legislator to obtain from the controller free information about his
or her personal data stored at any time and a copy of this
information. Furthermore, the European directives and regulations
grant the data subject access to the following information:

  • the purposes of the processing;
  • the categories of personal data concerned;
  • the recipients or categories of recipients to whom the personal
    data have been or will be disclosed, in particular recipients in
    third countries or international organisations;
  • where possible, the envisaged period for which the personal data
    will be stored, or, if not possible, 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 the data subject, or to
    object to such processing;
  • the existence of the right to lodge a complaint with a
    supervisory authority;
  • where the personal data are not collected from the data subject,
    any available information as to their source;
  • the existence of automated decision-making, including profiling,
    referred to in Article 22(1) and (4) of the GDPR and, at least
    in those cases, meaningful information about the logic involved,
    as well as the significance and envisaged consequences of such
    processing for the data subject.

Furthermore, the data subject shall have a right to obtain
information as to whether personal data are transferred to a third
country or to an international organisation. Where this is the case,
the data subject shall have the right to be informed of the
appropriate safeguards relating to the transfer.

If a data subject wishes to avail himself of this right of access,
he or she may, at any time, contact any employee of the controller.

c) Right to rectification

Each data subject shall have the right granted by the European
legislator to obtain from the controller without undue delay the
rectification of inaccurate personal data concerning him or her.
Taking into account the purposes of the processing, the data subject
shall have the right to have incomplete personal data completed,
including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he
or she may, at any time, contact any employee of the controller.

d) Right to erasure (Right to be forgotten)

Each data subject shall have the right granted by the European
legislator to obtain from the controller the erasure of personal
data concerning him or her without undue delay, and the controller
shall have the obligation to erase personal data without undue delay
where one of the following grounds applies, as long as the
processing is not necessary:

  • The personal data are no longer necessary in relation to the
    purposes for which they were collected or otherwise processed.
  • The data subject withdraws consent to which the processing is
    based according to point (a) of Article 6(1) of the GDPR, or
    point (a) of Article 9(2) of the GDPR, and where there is no
    other legal ground for the processing.
  • The data subject objects to the processing pursuant to Article
    21(1) of the GDPR and there are no overriding legitimate grounds
    for the processing, or the data subject objects to the
    processing pursuant to Article 21(2) of the GDPR.
  • The personal data have been unlawfully processed.
  • The personal data must be erased for compliance with a legal
    obligation in Union or Member State law to which the controller
    is subject.
  • The personal data have been collected in relation to the offer
    of information society services referred to in Article 8(1) of
    the GDPR.

If one of the aforementioned reasons applies, and a data subject
wishes to request the erasure of personal data stored by the Stefan
Hojer IT-Beratung, he or she may, at any time, contact any employee
of the controller. An employee of Stefan Hojer IT-Beratung shall
promptly ensure that the erasure request is complied with
immediately.

Where the controller has made personal data public and is obliged
pursuant to Article 17(1) 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 other controllers processing the personal data
that the data subject has requested erasure by such controllers of
any links to, or copy or replication of, those personal data, as far
as processing is not required. An employees of the Stefan Hojer
IT-Beratung will arrange the necessary measures in individual cases.

e) Right of restriction of processing

Each data subject shall have the right granted by the European
legislator to obtain from the controller restriction of processing
where one of the following applies:

  • The accuracy of the personal data is contested by the data
    subject, for a period enabling the controller to verify the
    accuracy of the personal data.
  • The processing is unlawful and the data subject opposes the
    erasure of the personal data and requests instead 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 the data
    subject for the establishment, exercise or defence of legal
    claims.
  • The data subject has objected to processing pursuant to Article
    21(1) of the GDPR pending the verification whether the
    legitimate grounds of the controller override those of the data
    subject.

If one of the aforementioned conditions is met, and a data subject
wishes to request the restriction of the processing of personal data
stored by the Stefan Hojer IT-Beratung, he or she may at any time
contact any employee of the controller. The employee of the Stefan
Hojer IT-Beratung will arrange the restriction of the processing.

f) Right to data portability

Each data subject shall have the right granted by the European
legislator, to receive the personal data concerning him or her,
which was provided to a controller, in a structured, commonly used
and machine-readable format. He or she shall have the right to
transmit those data to another controller without hindrance from the
controller to which the personal data have been provided, as long as
the processing is based on consent pursuant to point (a) of Article
6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a
contract pursuant to point (b) of Article 6(1) of the GDPR, and the
processing is carried out by automated means, as long as the
processing is not necessary for the performance of a task carried
out in the public interest or in the exercise of official authority
vested in the controller.

Furthermore, in exercising his or her right to data portability
pursuant to Article 20(1) of the GDPR, the data subject shall have
the right to have personal data transmitted directly from one
controller to another, where technically feasible and when doing so
does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject
may at any time contact any employee of the Stefan Hojer
IT-Beratung.

g) Right to object

Each data subject shall have the right granted by the European
legislator to object, on grounds relating to his or her particular
situation, at any time, to processing of personal data concerning
him or her, which is based on point (e) or (f) of Article 6(1) of
the GDPR. This also applies to profiling based on these provisions.

The Stefan Hojer IT-Beratung shall no longer process the personal
data in the event of the objection, unless we can demonstrate
compelling legitimate grounds for the processing which override the
interests, rights and freedoms of the data subject, or for the
establishment, exercise or defence of legal claims.

If the Stefan Hojer IT-Beratung processes personal data for direct
marketing purposes, the data subject shall have the right to object
at any time to processing of personal data concerning him or her for
such marketing. This applies to profiling to the extent that it is
related to such direct marketing. If the data subject objects to the
Stefan Hojer IT-Beratung to the processing for direct marketing
purposes, the Stefan Hojer IT-Beratung will no longer process the
personal data for these purposes.

In addition, the data subject has the right, on grounds relating to
his or her particular situation, to object to processing of personal
data concerning him or her by the Stefan Hojer IT-Beratung for
scientific or historical research purposes, or for statistical
purposes pursuant to Article 89(1) of the GDPR, unless the
processing is necessary for the performance of a task carried out
for reasons of public interest.

In order to exercise the right to object, the data subject may
contact any employee of the Stefan Hojer IT-Beratung. In addition,
the data subject is free in the context of the use of information
society services, and notwithstanding Directive 2002/58/EC, to use
his or her right to object by automated means using technical
specifications.

h) Automated individual decision-making, including profiling

Each data subject shall have the right granted by the European
legislator not to be subject to a decision based solely on automated
processing, including profiling, which produces legal effects
concerning him or her, or similarly significantly affects him or
her, as long as the decision (1) is not is necessary for entering
into, or the performance of, a contract between the data subject and
a data controller, or (2) is not authorised by Union or Member State
law to which the controller is subject and which also lays down
suitable measures to safeguard the data subject’s rights and
freedoms and legitimate interests, or (3) is not based on the data
subject’s explicit consent.

If the decision (1) is necessary for entering into, or the
performance of, a contract between the data subject and a data
controller, or (2) it is based on the data subject’s explicit
consent, the Stefan Hojer IT-Beratung shall implement suitable
measures to safeguard the data subject’s rights and freedoms and
legitimate interests, at least the right to obtain human
intervention on the part of the controller, to express his or her
point of view and contest the decision.

If the data subject wishes to exercise the rights concerning
automated individual decision-making, he or she may, at any time,
contact any employee of the Stefan Hojer IT-Beratung.

Each data subject shall have the right granted by the European
legislator to withdraw his or her consent to processing of his or
her personal data at any time.

If the data subject wishes to exercise the right to withdraw the
consent, he or she may, at any time, contact any employee of the
Stefan Hojer IT-Beratung.

Art. 6(1) lit. a GDPR serves 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 for the
performance of a contract to which the data subject is party, as is the
case, for example, when processing operations are necessary for the
supply of goods or to provide any other service, the processing is based
on Article 6(1) lit. b GDPR. The same applies to such processing
operations which are necessary for carrying out pre-contractual
measures, for example in the case of inquiries concerning our products
or services. Is our company subject to a legal obligation by which
processing of personal data is required, such as for the fulfillment of
tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In
rare cases, the processing of personal data may be necessary to protect
the vital interests of the data subject or of another natural person.
This would be the case, for example, if a visitor were injured in our
company and his name, age, health insurance data or other vital
information would have to be passed on to a doctor, hospital or other
third party. Then the processing would be based on Art. 6(1) lit. d
GDPR. Finally, processing operations could be based on Article 6(1) lit.
f GDPR. This legal basis is used for processing operations which are not
covered by any of the abovementioned legal grounds, if processing is
necessary for the purposes of the legitimate interests pursued by our
company or by a third party, except where such interests are overridden
by the interests or fundamental rights and freedoms of the data subject
which require protection of personal data. Such processing operations
are particularly permissible because they have been specifically
mentioned by the European legislator. He considered that a legitimate
interest could be assumed if the data subject is a client of the
controller (Recital 47 Sentence 2 GDPR).

7. The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1) lit. f
GDPR our legitimate interest is to carry out our business in favor of
the well-being of all our employees and the shareholders.

8. Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is
the respective statutory retention period. After expiration of that
period, the corresponding data is routinely deleted, as long as it is no
longer necessary for the fulfillment of the contract or the initiation
of a contract.

9. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law
(e.g. tax regulations) or can also result from contractual provisions
(e.g. information on the contractual partner). Sometimes it may be
necessary to conclude a contract that the data subject provides us with
personal data, which must subsequently be processed by us. The data
subject is, for example, obliged to provide us with personal data when
our company signs a contract with him or her. The non-provision of the
personal data would have the consequence that the contract with the data
subject could not be concluded. Before personal data is provided by the
data subject, the data subject must contact any employee. The employee
clarifies to the data subject 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 the consequences of non-provision of the personal data.

10. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or
profiling.

This Privacy Policy has been generated by the Privacy Policy Generator
of the German Association for Data Protection that was developed in
cooperation with Privacy Lawyers from WILDE BEUGER SOLMECKE, Cologne.