Personal Data Protection Act

The processing of personal data, for example the name, address, e-mail address or telephone number of a person concerned, is always carried out in accordance with the Basic Data Protection Regulation and in accordance with the country specific data protection regulations applicable to Atelier Achatz + Partner Architekten mbB. By means of this Data Protection Policy, our company wishes to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, this Data Protection Policy will inform persons concerned about their rights.

Atelier Achatz + Partner Architekten mbB, as the personal data controller, has implemented numerous technical and organisational measures to ensure that the personal data processed via the website is protected to a full extent wherever possible. Nevertheless, Internet-based data transmissions can in principle have security gaps, so that absolute protection cannot be guaranteed. For this reason, each person concerned is free to convey personal data to us by alternative means, such as telephone.

1 Definitions

The Atelier Achatz + Partner Architekten mbB Data Protection Policy is based on the terminology used by the European Directives and Regulatory Authority in the adoption of the General Data Protection Regulation (DS-GVO). Our Data Protection Policy should be easy to read and understand both for the public, our customers and business partners. In order to guarantee this, we would like to explain in advance the terminology used.

We use the following terminology in the Personal Data Protection Policy:

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’ means any identified or identifiable natural person whose personal data is processed by the controller.

c) Processing

‘Processing’ means 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’ means 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’ means 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

‘Controller’ means 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’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

i) Recipient

‘Recipient’ means 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.

j) Third party

‘Third party’ means 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.

k) Consent

‘Consent’ of the data subject means 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. The name and address of the controller

The person responsible within the meaning of the Basic Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is the Data Protection Commissioner:

Atelier Achatz + Partner Architekten mbB
Weltenburger Str. 4
81677 Munich
Germany
Phone: +49 (0)89 65 12 61 0
E-mail: info@atelier-achatz.de
Website: www.atelier-achatz.de/

Amtsgericht München

Partnerschaftsregister PR 2178

3. Collection of general data and information

The Atelier Achatz + Partner Architekten mbB website collects a series of general data and information each time a data subject or an automated system accesses the website. These general data and information are stored in the server’s log files. It is possible to record (1) the types and versions of browsers used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrers), (4) the sub-sites accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information used to avert dangers in the event of attacks on our information technology systems.

When using this general data and information, Atelier Achatz + Partner Architekten mbB does not draw any conclusions about the data subject. Instead, this information is required to (1) correctly deliver the contents of our website, (2) optimize the contents of our website and the advertising it, (3) guarantee the permanent functionality of our information technology systems and the technology of our website and (4) provide law enforcement authorities with the necessary information for criminal prosecution in the event of a cyber-attack. This anonymously collected data and information is therefore evaluated by Atelier Achatz + Partner Architekten mbB both statistically and with the aim of increasing data protection and our company’s data security in order to ultimately ensure an optimum level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by the data subject.

4. Routine deletion and blocking of personal data

The controller shall process and store the personal data of the data subject only for the period of time necessary to achieve the purpose of the storage or if so required by the European directive and regulations or another legislator in laws or regulations to which the controller is subject.

If the purpose of storage no longer applies or if a storage period prescribed by the European directive and regulation giver or another competent legislator expires, the personal data shall be blocked or deleted routinely and in accordance with the statutory provisions.

5. Rights of the data subject

a) Right to confirmation

Every data subject shall have the right, as granted by the European directive and regulation maker, to obtain from the controller confirmation as to whether personal data relating to him or her are being processed. If a data subject wishes to exercise this right of confirmation, one may at any time contact an employee of the controller.

b) Right of access by the data subject

Any person concerned by the processing of personal data shall have the right, granted by the European directive and regulation maker, to obtain at any time from the controller, free of charge, information on the personal data concerning him or her which have been stored and a copy of that information. Furthermore, the European Data Protection Supervisor has granted the data subject access to the following information:

• the purposes of the processing;
• the categories of personal data processed;
• 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 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, in accordance with Article 22(1) and (4) of the DS Block Exemption Regulation and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject;

Furthermore, the data subject has the right to know whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject shall also have the right to obtain information of the appropriate safeguards in connection with the transfer.

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

c) Right to rectification

Any person concerned by the processing of personal data shall have the right, granted by the European directive and regulation maker, to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject shall have the right to request the completion of incomplete personal data, including by means of a supplementary statement, taking into account the purposes of the processing.

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

d) Right to erasure (‘right to be forgotten’)

Any person concerned by the processing of personal data shall have the right, granted by the European directive and regulation maker, 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:

• 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 on which the processing is based according to point of Article 6(1) letter A DS-GVO, or point of Article 9(2) letter A DS-GVO, and where there is no other legal ground for the processing;
• The data subject objects to the processing pursuant to Article 21(1) DS Block Exemption Regulation and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) DS Block Exemption Regulation;
• The personal data 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 have been collected in relation to the offer of information society services referred to in Article 8(1) DS-GVO;

If one of the above-mentioned reasons applies and a data subject wishes to have personal data stored by Atelier Achatz + Partner Architekten mbB erased, he or she may, at any time, contact an employee of the controller. The employee of Atelier Achatz + Partner Architekten mbB will arrange that the request for erasure be completed immediately.

If the personal data have been made public by Atelier Achatz + Partner Architekten mbB and if our company as the party responsible is obliged to delete the personal data in accordance with Art. 17 para. 1 DS-GVO, Atelier Achatz + Partner Architekten mbB shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other controllers responsible for data processing who process the published personal data that the person concerned has requested the deletion of all links to this personal data or copies or replications of this personal data from these other controllers responsible for data processing, insofar as the processing is not necessary. The employee of Atelier Achatz + Partner Architekten mbB will take the necessary steps in individual cases.

e) Right to restriction of processing

Any person concerned by the processing of personal data shall have the right, granted by the European directive and regulation maker, 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 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) DS-GVO pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the above-mentioned conditions is met and a person concerned wishes to request the restriction of personal data stored by Atelier Achatz + Partner Architekten mbB, he or she can contact an employee of the data controller at any time. The employee of Atelier Achatz + Partner Architekten mbB will arrange for the processing to be restricted.

f) Right to data portability

Any person concerned by the processing of personal data shall have the right, granted by the European directive and regulation, to obtain personal data concerning him or her which have been provided by the data subject to a controller in a structured, common and machine-readable format. He or she also has the right to communicate this data to another controller without being hindered by the controller to whom the personal data have been provided, provided that the processing is based on the consent pursuant to Art. 6 para. 1 letter (a) DS-GVO or Art. 9 para. 2 letter (a) DS-GVO or on a contract pursuant to Art. 6 para. 1 letter (b) DS-GVO, and the processing is carried out by automated means, unless the processing is necessary for the performance of a task of the public interest or in the exercise of official authority entrusted to the controller.

Furthermore, when exercising his or her right to data portability pursuant to Art. 20 (1) DS Block Exemption Regulation, the data subject shall have the right to obtain that the personal data be transferred directly from one controller to another insofar as this is technically feasible and does not impair the rights and freedoms of other persons.

In order to assert the right to data portability, the person concerned may, at any time, contact an employee of Atelier Achatz + Partner Architekten mbB.

g) Right of object

Any person concerned by the processing of personal data shall have the right, granted by the European directive and regulation maker, to object at any time, for reasons related to his or her particular situation, to the processing of personal data concerning him or her on the basis of Article 6(1)(e) or (f) of the DS Block Exemption Regulation. This also applies to profiling based on these provisions.

Atelier Achatz + Partner Architekten mbB will no longer process personal data in the event of an objection, unless we can prove that there are compelling grounds for processing which outweigh the interests, rights and freedoms of the person concerned, or the processing serves to assert, exercise or defend legal claims.

If Atelier Achatz + Partner Architekten mbB processes personal data in order to conduct direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This shall also apply to the profiling in so far as it is associated with such direct advertising. If the data subject objects to Atelier Achatz + Partner Architekten mbB processing the data for the purposes of direct marketing, Atelier Achatz + Partner Architekten mbB will no longer process the personal data for these purposes.

Furthermore, the data subject has the right to object to the processing of personal data concerning him or her by Atelier Achatz + Partner Architekten mbB for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. (1) DS-GVO for reasons arising from his particular situation, unless such processing is necessary for the performance of a task of public interest.

In order to exercise the right to object, the data subject may directly contact any employee of Atelier Achatz + Partner Architekten mbB or another employee. The data subject is also free to exercise his or her right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

h) Automated individual decision-making, including profiling

Any person concerned by the processing of personal data shall have the right under the European Directive and Regulation not to be subject to a decision based solely on automated processing, including profiling, which has a legal effects upon him or her or significantly affects him or her in a similar manner, unless the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the data controller, or (2) is authorized by the Union or the Member States legislation to which the controller is subject and which provides for appropriate measures to safeguard the rights, freedoms and the legitimate interests of the data subject, or (3) is with the express consent of the data subject.

Where the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the data controller or (2) takes place with the explicit consent of the data subject, Atelier Achatz + Partner Architekten mbB shall take appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, including at least the right to obtain the intervention by the controller, to express his or her point of view and to contest the decision.

If the data subject wishes to exercise rights relating to automated decision-making rights, one may, at any time, do so by contacting an employee of the controller.

i) Right to revoke consent under Data Protection Act

Any person concerned by the processing of personal data shall have the right, granted by the European directive and regulation maker, to revoke consent to the processing of personal data, at any time.

If the data subject wishes to exercise his or her right to withdraw consent, one may, at any time, do so by contacting an employee of the controller.

6. Legal basis of the processing

Art. 6 I lit. a DS-GVO serves our company as a legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the completion of a contract of which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of any other services or consideration, the processing shall be based on Art. 6 I lit. b DS-GVO. The same shall apply to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of inquiries regarding our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data may become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our site were injured and his or her name, age, health insurance information or other vital information would have to be disclosed to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO. Ultimately, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations that are not covered by any of the above mentioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the data subject do not prevail. Such processing operations are particularly permitted to us because they have been specifically mentioned by the European legislator. In this regard, it is considered that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47 sentence 2 DS-GVO).

7. Legitimate interests in the processing pursued by the controller or a third party

The processing of personal data, based on Article 6 I lit. f DS-GVO, is our legitimate interest in conducting our business for the benefit of all our employees and shareholders

8. Duration for which the personal data are stored

The criterion for the duration of the personal data’s storage is the respective statutory retention period. After the deadline, the corresponding data will be routinely deleted, in case they are no longer required for the fulfilment or initiation of a contract.

9. Legal or contractual provisions regarding the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or may result from contractual arrangements (e.g. information about the contractual partner). Sometimes it may be necessary that a person concerned makes personal data available to us which subsequently must be processed by us in order for a contract to be concluded. For example, the data subject is obliged to provide us with personal data in case our company concludes a contract with him or her. Failure to provide personal data would mean that the contract with the data subject could not be concluded. Prior to any personal data being provided by the person concerned, the person concerned must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data and the consequences of not providing the personal data.

10. Existence of automated decision-making

As a responsible company, we refrain from automatic decision-making or profiling.