Disclaimer according to the DSGVO
On this page we inform you about the processing of your personal data when using our website and about your rights under data protection law.
Responsible authority
The person responsible within the meaning of the DSGVO and other national data protection laws of the member states as well as other data protection regulations is
Mellor Bauconsulting GmbH
Zur Steinbeck 3
42549 Velbert
Germany
02051-91 26 79
info@mellorbauconsulting.de
www.mellorbauconsulting.de
General information on data processing
Scope of the processing of personal data
We process personal data of users in order to provide a functioning website and, if necessary, to provide further services.
The collection and use of our users’ personal data is only carried out with their prior consent.
An exception is made in cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by law.
Legal basis
The legal basis for the processing of personal data, according to Art. 6 DSGVO “lawfulness of processing”:
Paragraph 1 lit. a, insofar as the processing operations require the consent of the data subject.
Paragraph 1 lit. b, insofar as this is necessary for the performance of a contract to which the data subject is a party.
Paragraph 1 lit. b also applies to such processing activities as are necessary for the performance of pre-contractual measures with the data subject.
Paragraph 1 lit. c, insofar as this is necessary to fulfil a legal obligation to which the data controller is subject.
Paragraph 1 lit. d, insofar as vital interests of the data subject or of another natural person make the processing of personal data necessary.
Paragraph 1 lit. e, insofar as processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
Paragraph 1 lit. f, insofar as the processing is necessary to safeguard the legitimate interests of the controller or of a third party, unless the interests or fundamental rights and freedoms of the data subject which require the protection of personal data outweigh the data subject’s right to privacy, in particular where the data subject is a child.
Data erasure and storage period
The personal data of the person concerned will be deleted or blocked as soon as the purpose of the storage no longer applies.
Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other regulations to which the person responsible is subject. Blocking or erasure of data is also carried out when a storage period prescribed by the above-mentioned standards expires, unless there is a need to continue storing the data for the purpose of concluding or fulfilling a contract.
Provision of the website and creation of log files
Description and scope of data processing
Whenever this website is called up, the system automatically records the following data and information from the calling computer of the user, which is anonymised directly during the collection:
Information about the type of browser and the version used
- The user’s operating system
Type of device used
The Internet service provider of the user
The IP address of the user in anonymous form (used only to determine the location of access)
Date and time of access
Websites from which the user’s system reaches our website
Websites that are accessed by the user’s system via our website - The data is also stored in the log files of our system. These data are not stored together with other personal data of the user. The data will not be passed on to third parties. A transfer to third countries outside the EU does not take place.
In addition, processing is carried out by WebAnalytics.
Legal basis for data processing
The legal basis for the temporary storage of data including IP addresses and log files is Art. 6 para. 1 lit. f DSGVO.
The data is collected out of a justified interest in order to guarantee the security and stability of the service and to provide website visitors with the highest possible quality.
Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.
Storage in log files is done to ensure the functionality of the website. In addition, the data serves us to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
Duration of storage
The data are deleted as soon as they are no longer necessary for the purpose for which they were collected.
In the case of the collection of data for the provision of the website, this is the case when the respective session is ended; i.e. the data is deleted immediately after the end of the respective sessions.
In the case of storage of the data in log files, this is the case after 8 weeks at the latest.
Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated so that an allocation of the calling client is no longer possible.
Possibility of objection and removal
The collection of data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website.
Consequently, there is no possibility of objection on the part of the user.
Use of cookies
Description and scope of data processing
The websites use cookies. Cookies are text files that are stored on a user’s computer system via an Internet browser.
If a user calls up a website, a cookie can be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.
Many cookies contain a unique identifier, the so-called cookie ID. This cookie ID can be used to assign visited websites and servers to the internet browser used for this purpose, in which this cookie was stored. This enables the visited websites to distinguish the internet browser of the person concerned from other internet browsers that also contain other cookies. In this way, a specific Internet browser and thus possibly a person concerned can be recognised and identified.
We use session cookies to make our website more user-friendly. Some elements of our website require the calling browser to be able to be identified even after a page change.
The following data is stored and transmitted in the session cookies:
Language settings
Session information (session ID)
Log-in information
When calling up our website, the user is informed about the use of cookies for analysis purposes and his consent to the processing of the personal data used in this context is obtained. In this context, reference is also made to this data protection declaration.
Legal basis for data processing
The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. a DSGVO if the user has given his consent to this.
Purpose of data processing
By using cookies, the information and offers of the website can be optimised for the user. Cookies make it possible to recognise the users of our website. The purpose of this recognition is to make it easier for users to use our website. Some functions of our website cannot be offered without the use of cookies. For these it is necessary that the browser is recognised even after a page change.
We require cookies for the following applications:
(1) Provision of the website and its services within a browser session
(2) Accepting settings
(3) Memorising search terms
The user data collected through technically necessary cookies is not used to create user profiles.
These purposes also include our legitimate interest in the processing of personal data in accordance with Art. 6 para. 1 lit. f DSGVO.
Duration of storage, possibility of objection and removal
The person concerned can prevent the storage of cookies at any time by adjusting the settings of the Internet browser used and thus permanently object to the storage of cookies. Already stored cookies can be deleted at any time. This is possible in all common internet browsers. By deactivating the cookies by the person concerned, it is possible that not all functions of our web pages can be fully used.
Contact form and e-mail contact
Description and scope of data processing
On our website there is a contact form which can be used for electronic contact. If a user takes this option, the data entered in the input mask will be transmitted to us and stored. These data are e.g:
First name, last name,
email address,
date, time
Concerns
The following data is also saved at the time the message is sent:
The IP address of the user
Date and time of registration
Name of the contact form
For the processing of the data, your consent will be obtained before the data is sent and reference will be made to this data protection declaration.
Alternatively, it is possible to contact us via the e-mail address provided. In this case, the user’s personal data transmitted with the e-mail will be stored.
In this context, it does not pursue the transfer of data to third parties. The data will be used exclusively for processing the conversation.
Legal basis for data processing
The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.
The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 letter f DSGVO. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for processing is Art. 6 para. 1 lit. b DSGVO.
Purpose of data processing
The processing of the personal data from the input mask serves exclusively to process the contact. In the case of contacting us by email, this is also the necessary legitimate interest in the processing of the data.
The other personal data processed during the sending process serves to prevent misuse of the contact form and to ensure the security of our information technology systems. This also includes the necessary legitimate interest in the processing of the data processed during the sending process.
Duration of storage
The data will be deleted as soon as they are no longer necessary for the purpose for which they were collected. For the 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 is ended when it can be concluded from the circumstances that the matter in question has been conclusively clarified.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
Possibility of objection and removal
The user has the possibility to revoke his consent to the processing of personal data at any time.
If the user contacts us by email, he can object to the storage of his personal data at any time by email. In such a case the conversation cannot be continued.
All personal data stored in the course of the contact will be deleted in case of an objection.
Rights of the person concerned
When personal data are processed by a data subject, he/she is entitled to the following rights vis-à-vis the controller:
Right of access Art. 15 DSGVO Right of access of the data subject
The data subject shall have the right to obtain confirmation from the controller as to whether personal data relating to him/her are being processed; if this is the case, he/she shall have the right to be informed of such personal data and to receive the following information:
(1) the purposes for which the personal data are processed
(2) the categories of personal data which are processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the planned duration of storage of the personal data relating to you or, if it is not possible to specify this, criteria for determining the duration of storage;
(5) the existence of a right of rectification or erasure of personal data concerning you, a right to have the processing limited 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 as to the source of the data where the personal data are not collected from the data subject;
(8) the existence of automated decision making, including profiling, in accordance with Art. 22 (1) and (4) DPA and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing on the data subject.
You have the right to request information as to whether personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 DSGVO in connection with the transfer.
Art. 16 DSGVO Right of rectification
You have the right to ask the data controller to correct or complete any inaccurate or incomplete personal data processed concerning you. The data controller must make the correction without delay.
Art. 18 DSGVO Right to limit processing
Under the following conditions, you may request that the processing of personal data concerning you be restricted:
(1) if you dispute the accuracy of the personal data concerning you for a period which enables the controller to verify the accuracy of the personal data
(2) the processing is unlawful and you object to the deletion of the personal data and instead request the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of the processing, but you need the personal data for the purpose of exercising or defending legal claims; or
(4) if you have lodged an objection to the processing in accordance with Art. 21 Para. 1 DSGVO and it has not yet been established whether the legitimate reasons of the controller outweigh your reasons.
If the processing of personal data relating to you has been restricted, such data may be processed, with the exception of storage, only 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 on grounds of an important public interest of the Union or a Member State.
If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
Art. 17 DSGVO Right of deletion (“right to be forgotten”)
The data subject shall have the right to request the controller to delete personal data relating to him/her without delay and the controller shall be obliged to delete personal data without delay if one of the following reasons applies:
(1) the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed
(2) You revoke your consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a FADP, and there is no other legal basis for the processing.
(3) You lodge an objection to the processing pursuant to Art. 21(1) DSGVO and there are no overriding legitimate reasons for the processing, or you lodge an objection to the processing pursuant to Art. 21(2) DSGVO.
(4) The personal data concerning you have been processed unlawfully.
5. The deletion of personal data relating to you is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
(6) The personal data concerning you have been collected in relation to information society services offered, in accordance with Article 8(1) of the DSGVO.
If the controller has made the personal data concerning you public and is obliged to delete them pursuant to Article 17(1) of the DPA, he shall take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to those personal data or to make copies or replications of them.
The right of cancellation does not apply where processing is necessary:
(1) to exercise the right to freedom of expression and information;
(2) to comply with a legal obligation to do so under Union or national law to which the controller is subject or in the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the field of public health pursuant to Article 9 (2) lit. h and i and Article 9 (3) DSGVO;
(4) for archiving, scientific or historical research purposes in the public interest or for statistical purposes in accordance with Art. 89 (1) DSGVO, insofar as the law referred to in section a) is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or
(5) to assert, exercise or defend legal claims.
Art. 19 DSGVO Obligation to notify in connection with the correction or deletion of personal data or the restriction of processing
If you have asserted the right to rectify, erase or limit the processing vis-à-vis the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed of these recipients by the data controller.
Art. 20 DSGVO Right to data transfer
You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, common and machine-readable format. You also have the right to have this data communicated to another controller without interference from the controller to whom the personal data has been communicated, provided that
(1) the processing is based on a consent pursuant to Art. 6 para. 1 letter a DSGVO or Art. 9 para. 2 letter a DSGVO or on a contract pursuant to Art. 6 para. 1 letter b DSGVO and
(2) the processing is carried out by means of automated procedures.
In exercising this right, you also have the right to obtain that personal data concerning you be communicated directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected.
The right to data transferability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Art. 21 DSGVO Right of objection
You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out on the basis of Art. 6, paragraph 1, letter e or f of the DPA; this also applies to profiling based on these provisions.
The controller will no longer process the personal data concerning you unless he can demonstrate that there are compelling reasons for processing that are worthy of protection and outweigh your interests, rights and freedoms, or unless the processing is for the purpose of asserting, exercising or defending legal claims.
If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it is linked to such direct marketing.
If you object to processing for the purposes of direct marketing, your personal data will no longer be processed for those purposes.
You may exercise your right of objection in relation to the use of information society services by means of automated procedures involving technical specifications, without prejudice to Directive 2002/58/EC.
You have the right to revoke your data protection consent at any time. Revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent until revocation.
Art. 22 DSGVO Automated decisions in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects in relation to you or significantly affects you in a similar way. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the person responsible
(2) is authorised by Union or national legislation to which the person responsible is subject and that legislation provides for appropriate measures to safeguard your rights and freedoms and your legitimate interests; or
(3) with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 DSGVO, unless Art. 9 para. 2 lit. a or g applies and appropriate measures have been taken to protect rights and freedoms and your legitimate interests.
With regard to the cases referred to in (1) and (3), the controller shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, which shall include at least the right to obtain the intervention of a person from the controller, to express his point of view and to challenge the decision.
Right of appeal to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to complain to a supervisory authority, in particular in the Member State in which you are resident, your place of work or the place of the suspected infringement, if you consider that the processing of personal data concerning you is in breach of the DPA.
The supervisory authority to which the complaint has been submitted will inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 DSGVO.