(1) Processing purpose
We process your personal data, which you provide us per e-mail, contact form, etc. to answer and fulfill your requests. You are not required to provide us with your personal information, but we will not be able to reply to you per e-mail without your e-mail address.
(2) Legal basis
b) If we process your data for the implementation of pre-contractual measures, Art. 6 (1b) GDPR is the legal basis.
c) In all other cases (especially when using a contact form), Art. 6 (1f) GDPR is the legal basis.
OPPOSITION RIGHT: You have the right to object to the processing of data on the basis of Art. 6 para. 1 f) GDPR and not to direct mailings for reasons that arise from your particular situation at any time.
In the case of direct mailings, however, you can object to the processing at any time without stating reasons.
(3) Legitimate interest
Our legitimate interest in processing is to communicate with you quickly and to respond to your requests cost-effectively. If you provide us with your address, we reserve the right to use it for postal direct mail. To preserve the protection of your data you can be more selective in forwarding data (for example using a pseudonym).
(4) Recipient categories
Hosting provider, shipping service provider for direct mail.
(5) Storage duration
Your data will be deleted if it can be inferred from the circumstances that your request or the relevant facts have been finally clarified.
If, however, a contract is concluded, the data required under commercial and tax law will be retained by us for the statutory periods, i.e. normaly ten years (see § 257 HGB, § 147 AO).
(6) Right of withdrawal
In the case of processing based on your consent, you have the right to revoke your consent at any time.
Rights of the person concerned
If your personal data is processed you are an affected i.S.d. GDPR and you have the following rights:
- Your Right
You may request confirmation from us as to whether personal information concerning you is processed by us.
If such processing is available, you can request information from us via the following information:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data relating to yourself have been disclosed or are still being disclosed;
(4) the planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;
(5) the existence of a right to rectification or deletion of personal data concerning yourself, a right to restriction of our processing or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) all available information on the source of the data if the personal data is not collected from the data subject;
(8) the existence of automated decision making including profiling under Article 22 (1) and (4) GDPR and, at least in these cases, meaningful information about the logic involved, and the scope and intended impact of such processing on the data subject.
You have the right to request information about whether your personal information relates to a third country or an international organization. In this instance, you can request the appropriate guarantees in accordance with. Art. 46 GDPR in connection with the transfer.
- Right to rectification
You have a right to rectification and / or completion of your personal data should it be incorrect or incomplete. We have to make the amendments immediately.
- Right to restriction of processing
You may request the restriction of the processing of your personal data under the following conditions:
(1) if you contest the accuracy of your personal information for a period of time that enables us to verify the accuracy of your personal information;
(2) if the processing is unlawful and you refuse to delete the personal data and instead request the restriction of the use of the personal data;
(3) if we no longer need personal information for the purposes of processing, but you need it for the purposes of asserting, exercising or defending legal claims; or
(4) if you have filed an objection against the processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether the legitimate reasons to which we are entitled outweigh your reasons.
If the processing of personal data concerning you has been restricted, this data may only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest Union or a Member State.
If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by us before the restriction is lifted.
- Right to delete
a) Obligation to delete
You are entitled to request us to delete your personal information without delay and we are required to delete the information immediately, if any of the following is true:
(1) Personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent, to which the processing acc. Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. GDPR and there is no other legal basis for processing.
(3) You oppose the processing according to Art. 21 para. 1 GDPR and there are no prior justifiable reasons for the processing, or you oppose to processing according to Art. 21 para. 2 GDPR.
(4) Your personal data has been processed unlawfully.
(5) The deletion of your personal data is required to fulfill a legal obligation under Union or national law to which we are subject.
(6) The personal data concerning yourself was collected in relation to services offered by the information society, pursuant to Art. 8 (1) GDPR.
b) Information to third parties
If we have made the personal data concerning yourself public and are required to delete it in accordance with Article 17 (1) of the GDPR, we shall take appropriate measures, including technical means, to inform the controllers responsible for the processing of the personal data, taking into account available technology and implementation costs, that you: the person concerned has requested the deletion of any links to such personal data or copies or replications of such personal data.
The right to delete does not exist if the processing is necessary
(1) to exercise the right to freedom of expression and information;
(2) to fulfill a legal obligation required by the law of the Union or of the Member States to which we are subject, or to carry out a task of public interest or in the exercise of official authority assigned to us;
(3) for reasons of public interest in the field of public health pursuant to Art. 9 (2) lit. h and i and Art. 9 (3) GDPR;
(4) for archival purposes of public interest, scientific or historical research purposes or for statistical purposes pursuant to Article 89 (1) GDPR, to the extent that the law referred to in subparagraph (a) is likely to render impossible or seriously affect the achievement of the objectives of that processing, or
(5) to assert, exercise or defend legal claims.
- Right to information
If you have the right to rectify, delete or restrict the processing, we shall be obliged to notify all recipients to whom your personal data has been disclosed of this correction or deletion of the data or restriction of processing, unless the case proves to be impossible or involves a disproportionate effort.
You have the right to be informed about these recipients.
- Right to data portability
You have the right to receive personally identifiable information that you provide us with, in a structured, conventional and machine-readable format. In addition, you have the right to transfer this data to another person without hindrance, provided that
(1) the processing based on a consent in accordance with Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract in accordance with Art. 6 para. 1 lit. b GDPR and
(2) the processing is carried out by automated means.
In exercising this right, you also have the right to obtain that personal data relating to yourself is transmitted directly by us to another person responsible, insofar as this is technically feasible. Liberties and rights of other persons may not be affected.
The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority that has been delegated to us.
- Right to withdraw
You have the right at any time, to appeal against the processing of your personal data, for reasons that arise from your particular situation which pursuant to Art. 6 para. 1 lit. e or f GDPR takes an objection; this also applies to profiling based on these provisions.
We will then no longer process your personal information unless we can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and liberties, or the processing is for the purpose of enforcing, pursuing or defending legal claims.
If the personal data relating to yourself is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct mailings.
If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
Regardless of Directive 2002/58 / EC, you have the option, in the context of the use of information society services, of exercising your right to object through automated procedures that use technical specifications.
- Right to revoke the data protection consent declaration
You have the right to revoke your data protection declaration at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.
- Automated decision on an individual basis including profiling
You have the right not to be subjected to a decision based solely on automated processing - including profiling - that will have legal effect or similarly affect you in a similar manner. This does not apply if the decision
(1) is required for the conclusion or performance of a contract between you and us,
(2) is permitted under Union or Member State legislation to which we are subject, and where such legislation contains appropriate measures to safeguard your rights and liberties and your legitimate interests; or
(3) with your expressed consent.
However, these decisions must not be based on special categories of personal data under Art. 9 (1) GDPR, unless Art. 9 (2) lit. a or g and reasonable measures have been taken to protect the rights and freedoms and your legitimate interests.
With respect to the cases mentioned in (1) and (3), we take reasonable steps to uphold the rights and liberties and your legitimate interests.
- Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your place of residence, employment or the place of the alleged infringement, if you believe that the processing of the personal data concerning you violates the GDPR.
The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.
Responsible for data processing:
Dr. Thomas Oehler
Genius Coaching & Training GmbH
D - 45219 Essen-Kettwig
Telefon +49 2054 9387784