Privacy
This English version is provided for convenience. The German version is legally binding.
Preamble
With the following privacy policy, we would like to inform you which types of your personal data (hereinafter also referred to as "data") we process, for which purposes and to what extent when you visit our website gontia.com.
Table of Contents
- Preamble
- Controller
- Overview of Processing Operations
- Relevant Legal Bases
- Security Measures
- Transfer of Personal Data
- International Data Transfers
- General Information on Data Retention and Deletion
- Rights of Data Subjects
- Provision of the Online Services and Web Hosting
- Contact and Inquiry Management
- Changes and Updates
Controller
Daniel Lang
Nelkenweg 1
89312 Günzburg
Germany
Email address: office@gontia.com
Phone: +49 8221 2598910
Legal notice: https://gontia.com/legal-notice/
Overview of Processing Operations
The following overview summarises the types of data processed and the purposes of their processing and refers to the data subjects concerned.
Types of Data Processed
- Contact data.
- Content data.
- Meta, communication and procedural data.
- Log data.
Categories of Data Subjects
- Communication partners.
- Users.
Purposes of Processing
- Communication.
- Security measures.
- Organisational and administrative procedures.
- Provision of our online services and user-friendliness.
- Information technology infrastructure.
Relevant Legal Bases
Relevant legal bases under the GDPR: Below you will find an overview of the legal bases of the GDPR on the basis of which we process personal data. Please note that, in addition to the provisions of the GDPR, national data protection requirements may apply in your or our country of residence or registered office. Should more specific legal bases be relevant in individual cases, we will inform you of these in the privacy policy.
- Legitimate interests (Art. 6 (1) sentence 1 (f) GDPR): Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, provided that the interests, fundamental rights and fundamental freedoms of the data subject which require the protection of personal data do not override them.
National data protection regulations in Germany: In addition to the data protection provisions of the GDPR, national data protection regulations apply in Germany. These include in particular the Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG). The BDSG contains in particular special provisions on the right of access, the right to erasure, the right to object, the processing of special categories of personal data, processing for other purposes and transmission, as well as automated individual decision-making, including profiling. Furthermore, the data protection laws of the individual German federal states may apply.
Security Measures
In accordance with the legal requirements, and taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing, as well as the varying likelihood and severity of the threat to the rights and freedoms of natural persons, we implement appropriate technical and organisational measures to ensure a level of protection appropriate to the risk.
The measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as the access, input, disclosure, safeguarding of availability and separation relating to it. Furthermore, we have established procedures that ensure the exercise of data subjects' rights, the deletion of data and responses to threats to the data. In addition, we take the protection of personal data into account as early as the development or selection of hardware, software and procedures, in accordance with the principle of data protection by design and by default.
Securing online connections through TLS/SSL encryption technology (HTTPS): To protect users' data transmitted via our online services against unauthorised access, we use TLS/SSL encryption technology. Secure Sockets Layer (SSL) and Transport Layer Security (TLS) are the cornerstones of secure data transmission on the internet. These technologies encrypt the information transmitted between the website and the user's browser (or between two servers), thereby protecting the data from unauthorised access. TLS is the more advanced and more secure version of SSL. When a website is secured by an SSL/TLS certificate, this is indicated by the display of HTTPS in the URL. This serves as an indicator for users that their data is transmitted in encrypted form.
Transfer of Personal Data
In the course of our processing of personal data, it may happen that this data is transferred to or disclosed to other bodies, companies, legally independent organisational units or persons. Recipients of this data may include, for example, service providers commissioned with IT tasks or providers of services and content that are embedded in a website. In such cases, we observe the legal requirements and, in particular, conclude appropriate contracts or agreements that serve to protect your data with the recipients of your data.
International Data Transfers
Data processing in third countries: If we transfer data to a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)), or if this occurs in the context of using third-party services or disclosing or transferring data to other persons, bodies or companies (which becomes apparent from the postal address of the respective provider or where the privacy policy expressly refers to data transfers to third countries), this is always done in accordance with the legal requirements.
For data transfers to the USA, we rely on the Data Privacy Framework (DPF) where the respective recipient is certified under it; the DPF was recognised as a secure legal framework by an adequacy decision of the European Commission of 10 July 2023. Where Standard Contractual Clauses of the European Commission are additionally used, for example as part of a data processing agreement, we indicate this for the respective service.
For the individual service providers, we inform you whether they are certified under the DPF and whether Standard Contractual Clauses are in place. Further information on the DPF and a list of certified companies can be found on the website of the US Department of Commerce at https://www.dataprivacyframework.gov/ (in English).
For data transfers to other third countries, corresponding safeguards apply, in particular Standard Contractual Clauses, explicit consent or transfers required by law. Information on third-country transfers and applicable adequacy decisions can be found in the information provided by the European Commission: https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection_en?prefLang=en.
General Information on Data Retention and Deletion
We delete personal data that we process in accordance with the statutory provisions as soon as the underlying consents are withdrawn or no further legal bases for the processing exist. This concerns cases in which the original purpose of processing no longer applies or the data is no longer required. Exceptions to this rule exist where statutory obligations or special interests require longer retention or archiving of the data.
In particular, data that must be retained for commercial or tax law reasons, or whose storage is necessary for the pursuit of legal claims or for the protection of the rights of other natural or legal persons, must be archived accordingly.
Our privacy notices contain additional information on the retention and deletion of data that applies specifically to certain processing operations.
Where there are several specifications of the retention period or deletion periods for an item of data, the longest period always prevails. Data that is no longer retained for the originally intended purpose, but on the basis of legal requirements or other reasons, is processed by us exclusively for the reasons that justify its retention.
Retention and deletion of data: The following general periods apply to retention and archiving under German law:
- 10 years: Retention period for books and records, annual financial statements, inventories, management reports, opening balance sheet and the working instructions and other organisational documents required to understand them (§ 147 (1) no. 1 in conjunction with (3) AO, § 257 (1) no. 1 in conjunction with (4) HGB).
- 8 years: Accounting vouchers, such as invoices and expense receipts (§ 147 (1) nos. 4 and 4a in conjunction with (3) sentence 1 AO, § 14b (1) UStG and § 257 (1) no. 4 in conjunction with (4) HGB).
- 6 years: Other business documents: received commercial or business letters, copies of sent commercial or business letters, other documents insofar as they are relevant for taxation, e.g. hourly wage slips, cost accounting sheets, calculation documents, price labels, but also payroll documents insofar as they are not already accounting vouchers, and cash register receipts (§ 147 (1) nos. 2, 3, 5 in conjunction with (3) AO, § 257 (1) nos. 2 and 3 in conjunction with (4) HGB).
- 3 years: Data required to take into account potential warranty and damage claims or similar contractual claims and rights, and to process related inquiries, based on previous business experience and customary industry practice, is stored for the duration of the regular statutory limitation period of three years (§§ 195, 199 BGB).
Start of the period at the end of the year: If a period does not expressly begin on a specific date and is at least one year long, it automatically starts at the end of the calendar year in which the event triggering the period occurred. In the case of ongoing contractual relationships in the context of which data is stored, the event triggering the period is the time at which the termination or other ending of the legal relationship takes effect.
Rights of Data Subjects
Rights of data subjects under the GDPR: As a data subject, you are entitled to various rights under the GDPR, which arise in particular from Art. 15 to 21 GDPR:
Right to object under Art. 21 GDPR
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is based on Art. 6 (1) (e) or (f) GDPR; this also applies to profiling based on these provisions. Where personal data concerning you is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing; this also applies to profiling to the extent that it is related to such direct marketing.
- Right to withdraw consent: You have the right to withdraw any consent given at any time.
- Right of access: You have the right to request confirmation as to whether the data in question is being processed and to obtain access to this data as well as further information and a copy of the data in accordance with the legal requirements.
- Right to rectification: In accordance with the legal requirements, you have the right to request the completion of data concerning you or the rectification of inaccurate data concerning you.
- Right to erasure and restriction of processing: In accordance with the legal requirements, you have the right to request that data concerning you be erased without undue delay or, alternatively, in accordance with the legal requirements, to request a restriction of the processing of the data.
- Right to data portability: You have the right to receive data concerning you that you have provided to us in a structured, commonly used and machine-readable format in accordance with the legal requirements, or to request its transmission to another controller.
- Complaint to a supervisory authority: Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a data protection supervisory authority if you consider that the processing of your personal data infringes the GDPR. The complaint may be lodged in particular with a supervisory authority in the Member State of your habitual residence, your place of work or the place of the alleged infringement.
Provision of the Online Services and Web Hosting
We process users' data in order to be able to provide them with our online services. For this purpose, we process the user's IP address, which is necessary to transmit the content and functions of our online services to the user's browser or device.
- Types of data processed: Meta, communication and procedural data (e.g. IP addresses, timestamps, pages and files accessed, browser type and operating system); log data (e.g. log files with access times).
- Data subjects: Users (e.g. website visitors, users of online services).
- Purposes of processing and legitimate interests: Provision of our online services and user-friendliness; information technology infrastructure (operation and provision of information systems and technical equipment (computers, servers, etc.)). Security measures.
- Retention and deletion: Deletion in accordance with the information in the section "General Information on Data Retention and Deletion".
- Legal bases: Legitimate interests (Art. 6 (1) sentence 1 (f) GDPR).
Further information on processing operations, procedures and services:
- Collection of access data and log files: Access to our online services is logged in the form of so-called "server log files". Server log files may include the address and name of the web pages and files accessed, the date and time of access, the volumes of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page) and, as a rule, IP addresses and the requesting provider. Server log files can be used, on the one hand, for security purposes, e.g. to prevent server overload (particularly in the case of abusive attacks, so-called DDoS attacks), and, on the other hand, to ensure the load and stability of the servers; Legal bases: Legitimate interests (Art. 6 (1) sentence 1 (f) GDPR). Deletion of data: We do not store any server log files ourselves. The log file information is processed by our hosting provider Cloudflare as a processor on our behalf for the provision, security and stability of the online services and is only stored for as long as is necessary for these purposes. Details can be found in Cloudflare's privacy policy.
- Cloudflare: Hosting of this website, delivery via a content delivery network (CDN) and DNS services. In particular, IP addresses and access data (server log files) are processed; Service provider: Cloudflare, Inc., 101 Townsend St, San Francisco, CA 94107, USA; Legal bases: Legitimate interests (Art. 6 (1) sentence 1 (f) GDPR); Website: https://www.cloudflare.com; Privacy policy: https://www.cloudflare.com/privacypolicy/; Data processing agreement: https://www.cloudflare.com/cloudflare-customer-dpa/; Basis for third-country transfers: Data Privacy Framework (DPF), Standard Contractual Clauses.
Contact and Inquiry Management
When you contact us (e.g. by email or telephone) and in the context of existing user and business relationships, the information provided by the persons making the inquiry is processed to the extent necessary to respond to the contact inquiries and any requested measures.
- Types of data processed: Contact data (e.g. postal and email addresses or telephone numbers). Content data (e.g. text or image messages and contributions as well as the information relating to them, such as details of authorship or time of creation); meta, communication and procedural data (e.g. IP addresses, timestamps).
- Data subjects: Communication partners.
- Purposes of processing and legitimate interests: Communication; organisational and administrative procedures.
- Retention and deletion: Emails are deleted as soon as the purpose of their processing ceases to apply and no statutory retention obligations prevent this. Inquiries that do not require further processing are generally deleted after two years at the latest.
- Legal bases: Legitimate interests (Art. 6 (1) sentence 1 (f) GDPR).
Further information on processing operations, procedures and services:
- Zoho Mail (email reception, storage and sending): Emails sent to our email address office@gontia.com are received via the Zoho Mail service and stored in our mailbox; we also send our replies via Zoho Mail. In this context, Zoho processes sender and recipient addresses, metadata (e.g. time, IP addresses, transport information) and the contents of the emails and their attachments. Incoming emails are also automatically screened for spam and malware. The data is stored in data centres within the European Union (the Netherlands, Ireland). Emails are retained and deleted in accordance with our instructions, within the period stated above. Emails are encrypted in transit, provided that the other party's mail server supports this; end-to-end encryption is not established; Service provider: Zoho Corporation GmbH, II. Hagen 7, 45127 Essen, Germany; operation of the EU data centres by Zoho Corporation B.V., Beneluxlaan 4B, 3527 HT Utrecht, the Netherlands (sub-processor); Parent company: Zoho Corporation Private Limited, India; Legal bases: Legitimate interests (Art. 6 (1) sentence 1 (f) GDPR); Website: https://www.zoho.com; Privacy policy: https://www.zoho.com/privacy.html; Data processing agreement: A data processing agreement pursuant to Art. 28 GDPR has been concluded with Zoho; Basis for third-country transfers: Standard Contractual Clauses. Zoho may use sub-processors within the Zoho group for support and operations, in particular Zoho Corporation Private Limited in India. There is no adequacy decision of the European Commission for India; the transfer is safeguarded by Standard Contractual Clauses.
Changes and Updates
We ask you to regularly inform yourself about the content of our privacy policy. We adapt the privacy policy as soon as changes in the data processing we carry out make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g. consent) or other individual notification.
Where we provide addresses and contact information of companies and organisations in this privacy policy, please note that the addresses may change over time, and please check the information before making contact.
Supervisory authority responsible for us:
Bayerisches Landesamt für Datenschutzaufsicht (BayLDA) (Bavarian Data Protection Authority)
Promenade 18
91522 Ansbach
Germany
https://www.lda.bayern.de
Created with the free Datenschutz-Generator.de by Dr. Thomas Schwenke, individually supplemented, and translated into English.