Privacy Statement

1     General information on data processing

The responsible body as defined by the General Data Protection Regulation and further national data protection laws of the member states as well as any other legal data protection regulations and data controller is Mr. Jan Auschra.

who Ingenieurgesellschaft mbH
Schwertfegerstraße 27
23556 Lübeck
Germany
Tel.: +49 (0) 451 31781-000
Email: datenschutz@who-ing.de

1.1   Scope of personal data processing

We generally only collect and use personal data of our users to the extent that is necessary to provide a functioning website as well as our contents and services. Personal data of our users are only collected and used with regularly with the consent of our users. An exception applies in cases where prior consent cannot be obtained for practical reasons and the processing of data is permitted by law.

1.2   Legal basis for processing personal data

So far as we obtain consent from the data subject for the processing of personal data, Art. 6 Para. 1 lit. a of the EU General Data Protection Regulation (GDPR) serves as the legal basis for processing personal data.

Art. 6 Para. 1 lit. b of GDPR serves as the legal basis for processing personal data required for the fulfilment of a contract where the data subject is a contractual party.  This also applies to processing operations that are required to carry out pre-contractual measures.

Art. 6 Para. 1 lit. c of GDPR serves as the legal basis so far as processing personal data is required for the fulfilment of a legal obligation to which our company is subject.

Art. 6 Para. 1 lit. d of GDPR serves as the legal basis in the event that the vital interests of the data subject or another natural person require the processing of personal data.

Art. 6 Para. 1 lit. f of GDPR serves as the legal basis for processing if processing is required to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights, and freedoms of the data subject do not outweigh the first-mentioned interest.

1.3   Deletion of data and duration of storage

The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. Data may be stored beyond this period if this has been foreseen by the European or national legislator in EU regulations, laws or other provisions to which the data controller is subject contract. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of data for the conclusion or fulfilment of a contract.

2     Provision of the website and generation of logfiles

2.1   Description and scope of data processing

Each time our website is accessed, our hosting provider automatically collects data and information from the computer system of the accessing computer in so-called server log files. A storage of this data together with other personal data of the user does not take place.

The following data are collected:

(1) Information about the browser type and the used version

(2) The operating system of the user

(3) The Internet service provider of the user

(4) Date and time of the access

(5) Websites accessed by the system of the user via our website

(6) Websites from which the system of the user accesses our website

(7) Anonymised IP address and host name

2.2   Purpose of the data processing

Temporary storage of the IP address by the system is necessary to enable delivery of the website to the computer of the user. To do this, it is necessary to store the IP address of the user for the duration of the session.

The storage in log files is done to ensure the functionality of the website. In addition, the data ara used to optimise the website and to ensure the security of our information technology systems.

2.3   Duration of storage

The data will be deleted when it is no longer needed to meet the goal for which it was collected. Where the data are collected for the purpose of providing the website, the data will be deleted at the end of the respective session.

If the data is stored in log files, they will be deleted after six weeks at the latest. Data may be stored for other purposes. In this case, the IP addresses and host names of the users are deleted or anonymised to prevent them from being traced to the calling client.

2.4   Possibility for objection and removal

Data must be collected for the webpage to be provided, and it must be stored in log files for the internet site to be operated. Consequently, the user may not object to this.

3     Use of cookies

3.1   Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the computer system of the user. If a user visits a website, a cookie may be stored on the operating system of the user. This cookie contains a characteristic string that enables the browser to be identified if the website is accessed again.

The following data are stored and transmitted in the cookies:

(1) Language settings

(2) Date and time of the access

(3) Anonymised user ID

3.2   Purpose of the data processing

We use cookies to make our website more user-friendly. Some elements of our website require that the requesting browser can be identified even after a page change.

3.3   Duration of storage

The IP addresses and host names of the users will be deleted or distorted so that it can no longer be allocated to the accessing client.

3.4   Possibility for objection and removal

Cookies are stored on the computer of the user and transmitted to our site. Therefore, you as a user also have full control over the use of cookies. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are disabled for our website, it may no longer be possible to use all functions of the website to their fullest extent. You can disable or restrict the transmission of cookies by changing the settings in your Internet browser.

4     Contact form and email contact

4.1   Description and scope of data processing

On our website, we provide a contact form, which can be used to contact us electronically. If a user uses this option, the data entered into the input mask will be transmitted to us and stored. These data include:

(1) Name

(2) Email address

(3) Text of the message

The following data are also stored at the time the message is sent:

(1) Date and time of contact

Your consent is obtained for processing the data within the scope of the  sending process, and reference is made to this privacy policy.

Alternatively, you can contact us via the email address provided. In this case, the personal data of the user transmitted by email are stored.

In this context, the data are not passed on to third parties. The data are used exclusively for processing the conversation.

4.2   Purpose of the data processing

Personal data from the input mask is only processed for the purpose of handling the contact request. In the event of a contact request by email, this also constitutes the necessary legitimate interest in the processing of data.

4.3   Duration of storage

The data will be deleted when it is no longer needed to meet the goal for which it was collected. For personal data from the input mask of the contact form and those sent by email, this is the case when the respective conversation with the user has ended. The conversation ends when the circumstances indicate that the matter in question has been definitely resolved.

The additional personal data collected during the sending process will be deleted at the latest after seven days. In the case of an application, the personal data will be deleted after a period of six months.

4.4   Possibility for objection and removal

The user is entitled to revoke his/her consent to the processing of personal data at any time. If the user contacts us by email, he/she can object to the storage of his/her personal data at any time. In such a case, the conversation cannot be continued.

To exercise your right to withdrawal and rectification, write to us at the following addres:

who Ingenieurgesellschaft mbH
Schwertfegerstraße 27
23556 Lübeck
Germany
Email: datenschutz@who-ing.de

In this case, all personal data stored in the course of contacting us will be deleted.

5     Rights of the data subject

If your personal data is processed, you are affected within the meaning of the GDPR and you have the following rights vis-à-vis the data controller:

5.1   Right to Information

You can ask the data controller to confirm whether personal data concerning are processed by us.

If such processing has taken place, you can request the following information from the data controller:

(1) the purposes for which the personal data are processed;

(2) the categories of personal data processed;

(3) the recipients or categories of recipients to whom the personal data concerning you have been or are still being disclosed;

(4) the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;

(5) the existence of a right to have the personal data concerning you rectificated or deleted, a right to have processing restricted by the controller or a right to object to such processing;

(6) the existence of a right of appeal to a supervisory authority;

(7) any available information on the origin of the data if the personal data are not collected from the data subject;

(8) the existence of automated decision-making, including profiling in accordance with Art. 22 para. 1 and 4 GDPR and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information as to whether the personal data concerning you are transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transmission.

5.2   Right to rectification

You have a right to rectification and/or completion vis-à-vis the data controller if the personal data processed concerning you is incorrect or incomplete. The data controller must make the correction without delay. The data controller must make the correction without delay.

5.3   Right to Limitation of Processing

You may request that the processing of personal data concerning you be restricted under the following circumstances:

(1) if you dispute the accuracy of your personal data for a period of time that enables the data controller to verify the accuracy of the personal data;

(2) the processing is unlawful and you refuse the deletion of the personal data and instead request that the use of the personal data be restricted;

(3) the data controller no longer needs the personal data for the purposes of processing, but you do need it to assert, exercise, or defend legal claims; or

(4) if you have filed an objection to the processing in accordance with Art. 21 Para. 1 of GDPR and it has not yet been determined whether the legitimate reasons of the data controller outweigh your reasons.

If the processing of your personal data has been restricted, such data may only be processed – apart from being stored – with your consent or for the purpose of asserting, exercising, or defending rights or protecting the rights of another natural or legal person or on grounds of an important public interest of the European Union or a member state.

If the processing restriction has been restricted according to the above conditions, you will be informed by the data controller before the restriction is lifted.

5.4   Right to deletion

a) Deletion obligation

You may request the data controller to delete your personal data without delay, and the data controller is obliged to delete these data without delay if one of the following reasons applies:

(1) Your personal data are no longer required for the purposes for which they were collected or otherwise processed.

(2) You revoke your consent on which the processing was based in accordance with Art. 6 Para. 1 lit. a or Art. 9 Para. 2 lit. a of GDPR, and there is no other legal basis for the processing.

(3) You file an objection against the processing in accordance with Art. 21 Para. 1 of GDPR and there are no overriding legitimate reasons for the processing, or you file an objection against the processing in accordance with Art. 21 Para. 2 of GDPR.

(4) Your personal data have been processed unlawfully.

(5) The deletion of your personal data is required to fulfill a legal obligation under European Union law or the law of the member states to which the data controller is subject.

(6) Your personal data has been collected in relation to information society services offered in accordance with Art. 8 Para. 1 of GDPR.

b) Information to third parties

If the data controller has made your personal data public and is obliged to delete them in accordance with Art. 17 Para. 1 of GDPR, he/she shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform those who process the personal data that you as the data subject have requested the deletion of all links to this personal data or of copies or replications of this personal data.

c) Exceptions

The right to deletion does not exist insofar as the processing is necessary

(1) to exercise freedom of expression and information;

(2) to fulfill a legal obligation required for processing under the law of the European Union or of member states to which the data controller is subject or to carry out a task in the public interest or in the exercise of official authority conferred on the data controller;

(3) for reasons of public interest in the area of public health in accordance with  Art. 9 Para. 2 lit. h and iArt. 9 Para. 3 of GDPR;

(4) for archiving purposes in the public interest, scientific or historical research purposes, or for statistical purposes in accordance with Art. 89 Para. 1 of GDPR, insofar as the law referred to under section a) is likely to render impossible or seriously impair the attainment of the objectives of such processing; or

(5) to assert, exercise, or defend legal claims.

5.5   Right to be informed

If you have exercised your right to have the data controller correct, delete, or restrict data processing, he/she is obliged to inform all recipients to whom your personal data has been disclosed of this correction or deletion of the data or restriction on processing, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed by the data controller about such recipients.

5.6   Right of data transferability

You have the right to receive the personal data concerning you that you provided to the data controller in a structured, common, and machine-readable format. In addition, you have the right to pass this data on to another data controller without obstruction by the data controller to whom the personal data was made available, provided that:

(1) processing is based on consent in accordance with Art. 6 Para. 1 lit. a DSGVO or Art. 9 Para. 2 lit. a of GDPR, or on a contract in accordance with Art. 6 Abs. 1 lit. b of GDPR, and

(2) processing is carried out using automated methods.

In exercising this right, you also have the right to request that your personal data be transferred directly from one data controller to another data controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to data transferability shall not apply to the processing of personal data required for the performance of a task in the public interest or in the exercise of an official authorization conferred on the data controller.

5.7   Right of objection

You have the right to file an objection at any time, for reasons arising from your particular situation, to the processing of your personal data in accordance with Art. 6 Para. 1 lit. e or f of GDPR; this also applies to profiling based on these provisions.

The data controller shall no longer processes your personal data unless he/she can prove compelling and legitimate grounds for processing, which outweigh your interests, rights, and freedoms or the processing serves to assert, exercise, or defend legal claims.

If your personal data is processed for direct marketing purposes, you have the right to file an objection at any time to the processing of your personal data for the purpose of such marketing; this also applies to profiling, insofar as it is associated with such direct marketing.

If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.

You have the option to exercise your right of objection in connection with the use of information society services by means of automated processes using technical specifications, notwithstanding Directive 2002/58/EC.

5.8   Right to revoke the data protection declaration of consent

You have the right to revoke your data protection declaration of consent at any time. The revocation of consent shall not affect the legality of processing carried out on the basis of the consent until revocation.

5.9   Automated decision-making in individual cases including profiling

You have the right not to be subject to a decision based exclusively on automated processing – including profiling – that has legal effects against you or significantly impairs you in a similar manner. This is not the case if the decision

(1) is necessary for the conclusion or performance of a contract between you and the data controller,

(2) is admissible under European Union legislation or that of the member states to which the data controller is subject and where such legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or

(3) is made with your express consent.

However, these decisions may not be based on special categories of personal data in accordance with Art. 9 Para. 1 of GDPR, unless  Art. 9 Para. 2 lit. a or g applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.

In the cases referred to in (1) and (3), the data controller shall take reasonable measures to safeguard your rights, freedoms, and legitimate interests, including at least the right to obtain the intervention of a person by the data controller, to state his/her own position, and to challenge the decision.

5.10  Right of appeal to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right of appeal to a supervisory authority, in particular in the member state where you reside, your place of work, or the location of the suspected infringement, if you believe that the processing of your personal data is contrary to the GDPR.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy under Art. 78 GDPR.