Privacy Policy in Accordance with the GDPR
I. Name and Address of the Data Controller
The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the member states, as well as other data protection regulations, is:
Dr. Silke Schmidt
Lahnstraße 93
65195 Wiesbaden
Germany
Tel.: 0049 160 7219105
Email: info@brainies.de
Website: www.brainies.net
II. Name and Address of the Data Protection Officer
The data protection officer for the data controller is:
Dr. Silke Schmidt
Lahnstraße 93
65195 Wiesbaden
Germany
Tel.: 0049 160 7219105
Email: info@brainies.de
Website: www.brainies.net
III. General Information on Data Processing
1. Scope of the Processing of Personal Data
As a general rule, we process our users’ personal data only to the extent necessary to provide a fully functional website and our content and services. The processing of our users’ personal data generally takes place only with the user’s consent. An exception applies in cases where obtaining prior consent is not possible for practical reasons and the processing of the data is permitted by law.
2. Legal Basis for the Processing of Personal Data
To the extent that we obtain the data subject’s consent for the processing of personal data, Article 6(1)(a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Article 6(1)(b) of the GDPR serves as the legal basis. This also applies to processing operations necessary for the implementation of precontractual measures.
To the extent that the processing of personal data is necessary to comply with a legal obligation to which our company is subject, Article 6(1)(c) of the GDPR serves as the legal basis.
In cases where the vital interests of the data subject or another natural person necessitate the processing of personal data, Article 6(1)(d) of the GDPR serves as the legal basis.
If processing is necessary to safeguard a legitimate interest of our company or a third party, and the interests, fundamental rights, and fundamental freedoms of the data subject do not override the aforementioned interest, then Article 6(1)(f) of the GDPR serves as the legal basis for the processing.
3. Data Deletion and Retention Period
The data subject’s personal data will be deleted or blocked as soon as the purpose for which it was stored no longer applies. Data may also be stored if this is provided for by European or national legislation in EU regulations, laws, or other provisions to which the controller is subject. Data will also be blocked or deleted when a retention period prescribed by the aforementioned standards expires, unless further storage of the data is necessary for the conclusion or performance of a contract.
IV. Provision of the Website and Creation of Log Files
1. Description and Scope of Data Processing
Every time our website is accessed, our system automatically collects data and information from the computer system of the user accessing the site.
The following data is collected in this process:
(1) Information about the browser type and 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) Websites from which the user's system accesses our website
(7) Websites accessed by the user's system via our website
The data is also stored in our system's log files. This data is not stored together with any other personal data belonging to the user.
2. Legal Basis for Data Processing
The legal basis for the temporary storage of data and log files is Article 6(1)(f) of the GDPR.
3. Purpose of Data Processing
The system must temporarily store the IP address in order to deliver the website to the user's computer. To do this, the user's IP address must be stored for the duration of the session.
Data is stored in log files to ensure the proper functioning of the website. In addition, we use this data to optimize the website technically and to ensure the security of our IT systems. The data is not analyzed for marketing purposes in this context.
These purposes also constitute our legitimate interest in data processing pursuant to Article 6(1)(f) of the GDPR.
4. Duration of Storage
The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. In the case of data collected for the purpose of providing the website, this occurs when the respective session ends.
5. Right to Object and Right to Rectification
The collection of data for the purpose of providing the website and the storage of that data in log files is absolutely necessary for the operation of the website. Consequently, users do not have the option to object.
V. Use of Cookies
1. Description and Scope of Data Processing
Our website uses cookies. Cookies are text files that are stored in or by the web browser on the user’s computer system. When a user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a unique string of characters that allows the browser to be uniquely identified when the user visits the website again.
We use cookies to ensure that our website functions properly. Some elements of our website require that the browser used to access the site can be identified even after changing pages.
The following data is stored and transmitted in the cookies:
(1) Language Settings
(2) Frequency of page views
We use the “Real Cookie Banner” consent tool to manage the cookies and similar technologies (tracking pixels, web beacons, etc.) we use, as well as the related consents. For details on how “Real Cookie Banner” works, visit https://devowl.io/de/rcb/datenverarbeitung/.
The legal basis for the processing of personal data in this context is Article 6(1)(c) of the GDPR and Article 6(1)(f) of the GDPR. Our legitimate interest is the management of the cookies and similar technologies used, as well as the related consents.
Providing personal data is neither required by contract nor necessary for entering into a contract. You are not obligated to provide personal data. If you do not provide personal data, we will not be able to manage your consents.
2. Legal Basis for Data Processing
The legal basis for the processing of personal data using technically necessary cookies within the meaning of Section 25(2) of the TTDSG is Article 6(1)(f) of the GDPR.
3. Purpose of Data Processing
The purpose of using technically necessary cookies is to enable users to use websites. Some features of our website cannot be provided without the use of cookies. For these features, it is necessary for the browser to be recognized even after changing pages.
We need cookies for the following applications:
(1) Applying language settings
User data collected through technically necessary cookies is not used to create user profiles.
These purposes also constitute our legitimate interest in the subsequent processing of personal data pursuant to Article 6(1)(f) of the GDPR.
4. Duration of Storage, Right to Object, and Right to Erasure
Cookies are stored on the user’s computer and transmitted from there to our site. As a user, you therefore have full control over the use of cookies. By changing the settings in your web 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 disabled for our website, you may no longer be able to use all of the website’s features to their full extent.
VI. Contact Form and Email Contact
1. Description and Scope of Data Processing
Our website features a contact form that can be used to contact us electronically. If a user chooses this option, the data entered in the form is transmitted to us and stored. This data includes:
(1) Name
(2) Email address
(3) Text of the inquiry
(4) Consent to the appropriate use of the data specified in (1) through (3)
At the time the message is sent, the following data is also stored:
(1) The user's IP address
(2) Date and time of registration
Your consent to the processing of your data will be obtained as part of the submission process, and you will be directed to this Privacy Policy.
Alternatively, you may contact us using the email address provided. In this case, the user’s personal data transmitted via email will be stored.
In this context, no data is disclosed to third parties. The data is used exclusively for processing the conversation.
VII. Rights of the Data Subject
If your personal data is processed, you are a data subject within the meaning of the GDPR, and you have the following rights with respect to the controller:
1. Right to Information
You may request confirmation from the data controller as to whether we are processing personal data concerning you.
If such processing is taking place, you may request the following information from the controller:
(1) the purposes for which the personal data is processed;
(2) the categories of personal data that are processed;
(3) the recipients or categories of recipients to whom your personal data has been or will be disclosed;
(4) the planned duration of the storage of your personal data or, if it is not possible to provide specific information in this regard, the criteria used to determine the storage period;
(5) the existence of a right to have personal data concerning you rectified or erased, a right to restrict processing by the controller, or a right to object to such processing;
(6) the existence of a right to file a complaint with a supervisory authority;
(7) all available information regarding the origin of the data, if the personal data is not collected from the data subject;
(8) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR; and—at least in such cases—meaningful information about the logic involved, as well as the scope and intended effects of such processing on the data subject.
You have the right to request information regarding whether your personal data will be transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate safeguards pursuant to Article 46 of the GDPR in connection with the transfer.
2. Right to Correction
You have the right to request that the controller correct and/or complete your personal data if the personal data being processed concerning you is inaccurate or incomplete. The controller must make the correction without delay.
3. Right to Restriction of Processing
Under the following conditions, you may request that the processing of your personal data be restricted:
(1) if you contest the accuracy of the personal data concerning you for a period that allows the controller to verify the accuracy of the personal data;
(2) the processing is unlawful, and you object to the erasure of the personal data and instead request that the use of the personal data be restricted;
(3) the controller no longer needs the personal data for the purposes of the processing, but you need it to assert, exercise, or defend legal claims, or
(4) if you have objected to the processing pursuant to Article 21(1) of the GDPR and it has not yet been determined whether the controller’s legitimate grounds override your interests.
If the processing of your personal data has been restricted, such data—with the exception of its storage—may be processed only with your consent, or for the purpose of asserting, exercising, or defending legal claims, or to protect the rights of another natural or legal person, or for reasons of an important public interest of the Union or a Member State.
If the restriction on processing has been imposed in accordance with the above conditions, the controller will notify you before the restriction is lifted.
4. Right to Erasure
a) Obligation to delete
You may request that the controller delete your personal data without delay, and the controller is obligated to delete such data without delay if any of the following grounds apply:
(1) The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed.
(2) You withdraw your consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR, and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) of the GDPR.
(4) The personal data concerning you has been processed unlawfully.
(5) The erasure of your personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
(6) The personal data concerning you was collected in connection with the information society services offered, in accordance with Article 8(1) of the GDPR.
b) Disclosure to Third Parties
If the controller has made your personal data public and is obligated to erase it pursuant to Article 17(1) of the GDPR, the controller shall take appropriate measures, including technical measures, taking into account the available technology and the costs of implementation, to inform the controllers who process the personal data that you, as the data subject, have requested that they erase all links to such personal data or any copies or replicas of such personal data.
c) Exceptions
The right to erasure does not apply if the processing is necessary
(1) to exercise the right to freedom of expression and information;
(2) to comply with a legal obligation that requires processing under Union or Member State law to which the controller is subject, or to perform 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 Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, to the extent that the right referred to in subsection (a) is likely to render impossible or seriously impair the achievement of the purposes of such processing, or
(5) to assert, exercise, or defend legal claims.
5. Right to Information
If you have exercised your right to rectification, erasure, or restriction of processing with the controller, the controller is obligated to notify all recipients to whom your personal data has been disclosed of such rectification, erasure, or restriction of processing, unless this proves impossible or involves disproportionate effort.
You have the right to be informed by the data controller about these recipients.
6. Right to Data Portability
You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used, and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that
(1) the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR, or on a contract pursuant to Article 6(1)(b) of the GDPR, and
(2) the processing is carried out using automated means.
In exercising this right, you also have the right to have your personal data transferred directly from one data controller to another, provided that this is technically feasible. This must not infringe upon the freedoms and rights of others.
The right to data portability does not apply to the processing of personal data that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
7. Right to Object
You have the right to object at any time, on grounds relating to your particular situation, to the processing of your personal data carried out pursuant to Article 6(1)(e) or (f) of the GDPR; this also applies to profiling based on these provisions.
The controller will no longer process your personal data unless it can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing is necessary for the establishment, exercise, or defense of legal claims.
If your personal data is processed for the purpose of direct marketing, you have the right to object at any time to the processing of your personal data for such marketing purposes; this also applies to profiling to the extent that it is related to such direct marketing.
If you object to the processing of your personal data for direct marketing purposes, your personal data will no longer be processed for those purposes.
In connection with the use of information society services—notwithstanding Directive 2002/58/EC—you have the option to exercise your right to object through automated procedures that use technical specifications.
8. Right to Withdraw Consent Under Data Protection Law
You have the right to withdraw your consent under data protection law at any time. Withdrawing your consent does not affect the lawfulness of the processing carried out on the basis of your consent up until the time of withdrawal.
9. Automated decision-making in individual cases, including profiling
You have the right not to be subject to a decision based solely on automated processing—including profiling—that produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the data controller,
(2) is permitted under Union or Member State law to which the controller is subject, and such law provides for appropriate measures to safeguard your rights and freedoms as well as your legitimate interests; or
(3) is done with your express consent.
However, these decisions may not be based on special categories of personal data as defined in Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect your rights and freedoms as well as your legitimate interests.
With regard to the cases referred to in (1) and (3), the controller shall take appropriate measures to safeguard your rights and freedoms as well as your legitimate interests, including, at a minimum, the right to have a person from the controller intervene, to state your point of view, and to challenge the decision.
10. Right to File 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 where you reside, where you work, or where the alleged infringement occurred—if you believe that the processing of your personal data violates the GDPR.
The supervisory authority to which the complaint was submitted shall inform the complainant of the status and outcome of the complaint, including the possibility of seeking judicial remedy under Article 78 of the GDPR.