We are very pleased about your interest in our company’s service. Data protection has a very high priority for the management of the service office for foreign trade affairs Nicola Bernard. A use of the web pages of the service office for foreign trade affairs Nicola Bernard is basically possible without any indication of personal data. However, if an affected person wishes to use our company’s special services through our website, personal data processing may be required. If the processing of personal data is required and there is no legal basis for such processing, we generally seek the consent of the data subject.
The service office for foreign trade affairs, Nicola Bernard, has implemented numerous technical and organizational measures to ensure the most complete protection possible for personal data processed via this website. Nevertheless, Internet-based data transmissions generally may have security holes; absolute protection cannot be guaranteed. For this reason, every person concerned is free to submit personal data to us in alternative ways, for example by telephone.
a) Personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter the “data subject”). A natural person is considered to be identifiable who, directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier or one or more special features, expresses the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person can be identified.
b) Person affected
Person concerned, any identified or identifiable natural person whose personal data are processed by the data controller.
Processing means any process or series of operations related to personal data, such as collecting, injection, organizing, assorting, storing, adapting or modifying, reading, querying, using, with or without the aid of automated procedures; disclosure by submission, dissemination or other form of provision, reconciliation or association, restriction, erasure or destruction.
d) Restriction of the processing
Restriction of the processing is the marking of stored personal data with the aim to limit their future processing.
Profiling is any kind of automated processing of personal data that consists in using that personal information to evaluate certain personal aspects relating to a natural person, in particular aspects relating to job performance, economic situation, health, personal analyze preferences, interests, reliability, performance, location or relocation of this natural person or predict.
Pseudonymisation is the processing of personal data in such a way that personal data can no longer be attributed to a specific data subject without the need for additional information, provided that such additional information is kept separate and subject to technical and organizational measures to ensure that the personal data not assigned to an identified or identifiable natural person.
g) Responsible or data controller
Responsible or data controller 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. Are the purposes and means of processing prescribed by European Union law or the law of the Member States, the person responsible or the specific criteria being appointed, in accordance with Union law or the law of the Member States can be provided.
The processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
Recipient is a natural or legal person, agency, office or other entity to whom Personal Data is disclosed, whether or not it is a third party. However, authorities which may receive personal data under European-Union or national law in connection with a particular mission are not considered as recipients.
j) Third parties
A third party is a natural or legal person, public authority, body or office other than the data subject, the controller, the processor and the persons authorized under the direct responsibility of the controller or the processor to process the personal data.
Consent is any voluntarily given and unambiguously expressed in the form of a statement or other unambiguous confirmatory act by the data subject for the particular case, by which the data subject indicates that they consent to the processing of the personal data concerning him / her is.
2. Name and address of the responsible
The person responsible within the meaning of the General Data Protection Regulation, other data protection laws in the Member States of the European Union and other provisions of a data protection character is:
3. Collecting general data and information
The website of the service office for foreign trade affairs Nicola Bernard collects a series of general data and information each time the website is accessed by an affected person or an automated system. This general data and information is stored in the log files of the server. The browser types and versions used, the operating system used by the accessing system, the internet page from which an accessing system accesses our website (so-called referrers), the sub-web pages which can be accessed via the date and time of access to the website, an Internet Protocol address (IP address), the Internet service provider of the accessing system and other similar data and information used in the event of attacks on our information technology systems.
When using this general data and information, the service office for foreign trade affairs Nicola Bernard draws no conclusions about the person concerned. Rather, this information is needed to properly deliver the contents of our website, to optimize the content of our website and to advertise it, to ensure the continued functioning of our information technology systems and the technology of our website, and to provide law enforcement with the necessary criminal prosecution in the event of a cyberattack to provide information. This anonymously collected data and information is therefore statistically and further evaluated by the service bureau for foreign trade as Nicola Bernard with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal 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 an affected person.
4. Registration on our website
The data subject has the option of registering on the website, if provided, the data controller with personal data. The personal data to be sent to the controller is derived from the respective input mask used for the registration. The personal data entered by the data subject shall be collected and stored solely for internal use by the controller and for his own purposes. The controller may arrange for the transfer to one or more processors, such as a parcel service, who also uses the personal data only for internal use attributable to the controller.
By registering on the website of the controller, the IP address assigned by the Internet service provider (ISP) of the data subject, the date and time of registration are also stored. The storage of this data takes place against the background that the only way the abuse of our services can be prevented, and allow this information if necessary to clear up crimes committed. In this respect, the storage of this data is required to secure the controller. In principle there is no transfer of such data to third parties provided no legal obligation to disclose exists or it is the sharing of law enforcement.
By registering the data subject voluntarily providing personal data, the data controller serves to provide the data subject with content or services that, due to the nature of the case, can only be offered to registered users. Registered persons are free to modify the personal data given at registration at any time or to let delete it completely from the database of the data controller.
At any time upon request the controller shall provide information to each data subject as to which personal data about the data subject is stored. Furthermore, the data controller corrects or deletes personal data at the request or reference of the data subject, insofar as this does not conflict with any statutory storage requirements. All data subjects of the controller are available to the data subject as a contact person in this context.
5. Contact via the website
Due to legal regulations, the website www.nicola-bernard.de contains information that allows us to contact our company quickly and to communicate with us directly, which also includes a general address of the so-called electronic mail (e-mail address). If an affected person contacts the data controller by e-mail or through a contact form, the personal data provided by the data subject will be automatically saved. Such personal data, voluntarily transmitted by an individual to the controller, is stored for the purpose of processing or contacting the data subject. There is no disclosure of personal data to third parties.
6. Routine deletion and blocking of personal data
The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of the storage or, as the case may be, by the European directives or regulations or by any other legislator in laws or regulations which the controller was provided for.
If the storage purpose is omitted or if a storage period prescribed by the European directives and regulations or any other relevant legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
7. Rights of the person concerned
a) Right of confirmation
As granted by the European Regulators and Regulators each data subject has the right to require the controller to confirm whether personal data relating to him / her is being processed. If an affected person wishes to make use of this right of confirmation, they can contact an employee of the controller at any time.
b) Right of information
Granted by the European directives and regulations any person implicated in the processing of personal data has the right donors to obtain at any time from the gratuitous data controllers information about the stored personal data and a copy of that information. Furthermore, the European legislator and regulator has provided the data subject with the following information:
- the processing purposes
- the categories of personal data being processed
- the recipients or categories of recipients to whom the personal data have been disclosed or are still being disclosed, in particular to recipients in third countries or to international organizations
- if possible, the planned duration for which the personal data will be stored or, if that is not possible, the criteria for determining that duration
- the right of rectification or erasure of the personal data concerning them or restriction of processing by the controller or a right to object to such processing
- the existence of a right of appeal to a supervisory authority
- if the personal data are not collected from the data subject: all available information on the source of the data
- the existence of automated decision-making, including profiling, in accordance with Article 22 (1) and (4) of the GDPR and – at least in these cases – meaningful information on the logic involved and the scope and intended impact of such processing on the data subject
In addition, the data subject has a right of access as to whether personal data has been transmitted to a third country or to an international organization. In that case, the data subject has the right to obtain information about the appropriate guarantees in connection with the transfer. If an interested party wishes to exercise this right of information, they may at any time contact an employee of the controller.
c) Right of rectification
Granted by the European legislator any person affected by the processing of personal data has the right to demand the immediate correction of inaccurate personal data concerning him / her. Furthermore, the data subject has 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 an affected person wishes to exercise this right of rectification, they may contact an employee of the controller at any time.
d) Right to cancellation (right to be forgotten)
Granted by the European directives and regulations any person affected by the processing of personal data has the right to require from the controller to delete the personal data concerning him/her immediately provided that one of the following reasons is satisfied and the processing is not required:
- the personal data has been raised or otherwise processed for such purposes for which they are no longer necessary.
- the person concerned revokes the consent on which the processing was based on Article 6 (1) (a) of the GDPR or Article 9 (2) (a) of the GDPR and lacks any other legal basis for the processing.
- the data subject submits an objection to the processing pursuant to Art. 21 (1) GDPR and there are no legitimate reasons for the processing, or the data subject appeals the processing pursuant to Art. 21 (2) GDPR
- he personal data were processed unlawfully.
- the deletion of personal data is required to fulfil a legal obligation under Union or national law to which the controller is subject.
- the personal data were collected in relation to information corporation services offered pursuant to Art. 8 para. 1 GDPR.
If one of the above reasons is held trough and an interested party wishes to arrange for the deletion of personal data stored at the service office for foreign trade affairs Nicola Bernard, they may, at any time, contact an employee of the controller. The employee of service office for foreign trade affairs Nicola Bernard will arrange for the extinguishing request to be fulfilled immediately.
If the personal data have been made public by the service office for foreign trade affairs Nicola Bernard and if our company is responsible for the deletion of personal data in accordance with Art. 17 para. 1 GDPR, the service office for foreign trade affairs Nicola Bernard takes into account the available technology and the implementation costs appropriate measures, including technical means, to inform other data controllers processing the published personal data that the data subject has been removed from these other data controllers by deletion of all links to such personal data or copies or replications of this personal data has requested, as far as the processing is not necessary. The employee of the service office for foreign trade affairs Nicola Bernard will arrange the necessary in individual cases.
e) Right to restriction of processing
Granted by the European directive and regulatory authority any person affected by the processing of personal data has the right to require the controller to restrict the processing if one of the following conditions applies:
- the accuracy of the personal data is contested by the data subject for a period of time that enables the person responsible to verify the accuracy of the personal data.
- the processing is unlawful, the data subject refuses to delete the personal data and requests the restriction of the use of personal data instead.
- the responsible of the data controller no longer needs the personal data for processing purposes, but the data subject requires them to assert, exercise or defend their rights of legal claims.
- the person concerned has filed contradiction to the processing according to Art. 21 para. 1 PDPR and it is not yet clear whether the legitimate reasons of the person responsible outweigh those of the person concerned.
If one of the above conditions is met and an affected person wishes to request the restriction of personal data stored at the service office for foreign trade affairs Nicola Bernard, he/she may, contact an employee of the controller at any time. The employee of the service office for foreign trade affairs Nicola Bernard will cause the restriction of the processing.
f) Right of dates transferability
Conferred by the European Directives and Regulations any person affected by the processing of personal data shall have the right to obtain the personal data concerning him / her provided to a controller by the data subject in a structured, common and machine-readable format. It also has the right to transfer this data to another person responsible without hindrance by the controller to whom the personal data was provided, provided that the processing is based on the consent pursuant to Article 6 (1) (a) of the GDPR or Article 9 (1) (b) 2 (a) of the GDPR or on a contract pursuant to Article 6 (1) (b) of the GDPR and processing by means of automated processes, unless the processing is necessary for the performance of a task of public interest or in the exercise of public authority, which has been assigned to the responsible person.
Furthermore, in exercising their right to data portability under Article 20 (1) of the GDPR, the data subject has the right to obtain that the personal data are transmitted directly from one controller to another, insofar as this is technically feasible and if so this does not affect the rights and freedoms of others.
To assert the right to data portability, the data subject may contact an employee of the service office for foreign trade affairs Nicola Bernard at any time.
g) Right of contradiction
Any person concerned by the processing of personal data shall have the right conferred by the European directive and regulatory authority for reasons arising from its particular situation against the processing of personal data relating to it pursuant to Article 6 (1) (e) or f GDPR takes an objection at any time. This also applies to profiling based on these provisions.
The service office for foreign trade affairs Nicola Bernard will no longer process personal data in the event of an objection, unless we can prove compelling legitimate grounds for processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves the purpose of assertion, exercise or defence of legal claims
In addition, the affected person has the right, for reasons arising from his / her particular situation, to process personal data relating to him / her, for the purpose of scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, objections shall be lodged unless such processing is necessary to fulfil a task of public interest.
In order to exercise the right to object, the affected person may contact directly with any member of the service office for foreign trade affairs Nicola Bernard or any other employee. In the context of the use of information company services, notwithstanding Directive 2002/58 / EC the affected person also is free to exercise his right of opposition by means of automated procedures using technical specifications.
h) Automated decisions on a case-by-case basis, including profiling
As granted by the European guidelines and the legislature any person concerned by the processing of personal data shall have the right, not to be subject to a decision based solely on automated processing, including profiling, which has a legal effect on it or, in a similar manner, significantly affects it; unless the decision is necessary for the conclusion or performance of a contract between the data subject and the controller, or is permitted by Union or Member State legislation to which the controller is subject, and that legislation provides for appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject; or with the express consent of the data subject.
If the decision is required for the conclusion or performance of a contract between the data subject and the controller or it takes place with the express consent of the data subject, the service office for foreign trade affairs Nicola Bernard shall take appropriate measures to safeguard the rights and priorities and the legitimate interests of the data subject, including at least the right to obtain the intervention of a person by the controller, to express his / her own position and to contest the decision.
If the data subject wishes to claim automated decision-making rights, he/she may contact an employee of the controller at any time.
i) Right to revoke a data protection consent
Granted by the European directive and regulatory authority any person affected by the processing of personal data has the right to revoke consent to the processing of personal data at any time.
If the data subject wishes to assert their right to withdraw consent, they may contact an employee of the controller at any time.
8. Data protection in applications and in the application process
The controller collects and processes the personal data of applicants for the purpose of processing the application process. The processing also may be done electronically. This particularly is the case if an applicant submits corresponding application documents to the controller by electronic means, for example by e-mail or via a web form available on the website. If the controller concludes a contract of employment with an applicant, the data transmitted will be stored for the purposes of the employment relationship in accordance with the law. If no employment contract is concluded with the candidate, the application documents will be automatically deleted two months after the announcement of the rejection decision by the controller, unless deletion precludes other legitimate interests of the controller. Other legitimate interest in this sense, for example, a burden of proof in a procedure under the General Equal Treatment Act.
9. Legal basis of processing
Article 6 I (a) of the GDPR provides our company with a legal basis for processing operations where we obtain consent for a particular processing purpose. If the processing of personal data is necessary to fulfil a contract of which the data subject is a party, as it is the case, for example, in processing operations necessary for the supply of goods or the provision of any other service or consideration, processing shall be based on Items. 6 I (b) of the GDPR. The same applies to processing operations that are necessary to carry out 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 the fulfilment of tax obligations, the processing is based on Art. 6 I (c) GDPR. In rare cases, the processing of personal data may be required 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 premises were injured and his or her name, age, health insurance 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 I (d) GDPR. Ultimately, processing operations could be based on Art. 6 I (f) GDPR. On this legal basis, processing operations that are not covered by any of the above legal bases are required if processing is necessary to safeguard the legitimate interests of our company or a third party, unless the interests, fundamental rights and fundamental priorities of the person concerned prevail. Such processing operations are particularly allowed to us because they have been specifically mentioned by the European legislator. In that regard, it is considered as a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, second sentence, GDPR).
10. Eligible processing interests that are being pursued by the controller or a third party
Is the processing of personal data based on Article 6 I (f) GDPR our legitimate interest is the conducting our business for the benefit of all of our employees and our shareholders.
11. Duration of storage of personal data
The criterion for the duration of the storage of personal data is relevant and statutory retention period. After the deadline, the relevant data is routinely deleted if they are no longer required to fulfill the contract or contract negotiations.
12. Statutory or contractual provisions for 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 information is in part required by law (such as tax regulations) or may result from contractual arrangements (such as details of the contractor). Occasionally it may be necessary for a contract to be concluded that an affected person provides us with personal data that must subsequently be processed by us. For example, the data subject is required to provide us with personal information when our company enters into a contract with her. Failure to provide the personal data would mean that the contract with the person concerned could not be closed. 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 individual on a case-by-case basis whether the provision of the personal data is required by law or contract or is required for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of the non-provision of the personal data
13. existence of automated decision-making
14. Appendix – Technical and organizational measures
1. Security (Art. 32. 1 (b) GDPR)
- Entry control
- Access control
- Entrance control
- Separation control
- Pseudonymisation acc. Art. 32. 1 (a) GDPR; Art. 25 1 GDPR (on demand)
2. Integrity (Art. 32 . 2 GDPR)
We work with:
- Transfer control
- Input control
3. Availability and resistivity (32. 1 (d) GDPR)
- Control of availability
- Rapid recoverability (Art. 32. 1 (c) GDPR)
4. Process for regularely testing, assessing, evaluating effectiveness (Art. 32. 1 (d) GDPR; and Art. 25. 1 GDPR)
- Data protection management;
- Privacy-frendly presets (Art. 25. 2 GDPR);
- Contract control