PRIVACY POLICY
 
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 Riccius-Winter Freie Architekten PartGmbB.
The use of the Internet pages of the Riccius-Winter Freie Architekten PartGmbB 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 Riccius-Winter
Freie Architekten PartGmbB. 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 Riccius-Winter Freie Architekten PartGmbB 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 Riccius-Winter Freie Architekten PartGmbB 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.
k) Consent
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:
Riccius-Winter Freie Architekten PartGmbB
Weimarer Straße 6
10625 Berlin
Deutschland
Phone: 030-857 30 90 2
Email: info@riccius-winter.de
Website: riccius-winter.de
3. Collection of general data and information
The website of the Riccius-Winter Freie Architekten PartGmbB 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 Riccius-Winter Freie Architekten PartGmbB 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 Riccius-Winter Freie Architekten
PartGmbB 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 Riccius-Winter Freie Architekten PartGmbB, he or she may,
at any time, contact any employee of the controller. An employee of Riccius-Winter Freie
Architekten PartGmbB 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 Riccius-Winter Freie Architekten
PartGmbB 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 Riccius-Winter Freie
Architekten PartGmbB, he or she may at any time contact any employee of the controller. The
employee of the Riccius-Winter Freie Architekten PartGmbB 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 Riccius-Winter Freie Architekten PartGmbB.
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 Riccius-Winter Freie Architekten PartGmbB 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 Riccius-Winter Freie Architekten PartGmbB 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
Riccius-Winter Freie Architekten PartGmbB to the processing for direct marketing purposes,
the Riccius-Winter Freie Architekten PartGmbB 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 Riccius-Winter
Freie Architekten PartGmbB 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 Riccius-Winter Freie Architekten PartGmbB. 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 Riccius-Winter Freie Architekten PartGmbB 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 Riccius-Winter
Freie Architekten PartGmbB.
i) Right to withdraw data protection consent
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 Riccius-Winter Freie Architekten PartGmbB.
6. Legal basis for the processing
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
https://dg-datenschutz.de/
that was developed in cooperation with Privacy Lawyers from Wilde Beuger Solmecke, Cologne
https://www.wbs-law.de/