Privacy Policy

You can find the legal notice in the Legal Notice section, and further information about the operator of this website in the operator profile.

Privacy Policy

We are very pleased about your interest. Data protection is of particular importance to Dr. Michael Gellner. Using the website of Dr. Michael Gellner is generally possible without providing any personal data. However, if a data subject wishes to use certain parts of this website, processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in line with the General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations applicable to Dr. Michael Gellner. By means of this privacy policy, we would like to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed of their rights by means of this privacy policy.

As the controller, Dr. Michael Gellner has implemented numerous technical and organizational measures to ensure the most complete protection possible of personal data processed through this website. However, internet-based data transmissions may, in principle, have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means as well, for example by telephone.

1. Definitions

This privacy policy is based on the terminology used by the European legislator when adopting the General Data Protection Regulation. It is intended to be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.

In this privacy policy, we use, among others, the following terms:

  • a)    Personal data

    Personal data means any information relating to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

  • b)    Data subject

    Data subject means any identified or identifiable natural person whose personal data is processed by the controller.

  • c)    Processing

    Processing means any operation or set of operations performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

  • d)    Restriction of processing

    Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.

  • e)    Profiling

    Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location, or movements.

  • f)      Pseudonymisation

    Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

  • g)    Controller

    Controller means 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. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

  • h)    Processor

    Processor means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.

  • i)       Recipient

    Recipient means a natural or legal person, public authority, agency, or other body to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

  • j)       Third party

    Third party means a natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

  • k)    Consent

    Consent means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and address of the controller

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions of a data protection nature is:

Dr. Michael Gellner
Dömitzer Str. 11
12359 Berlin
Germany
Phone: +49 30 922 59 346
Email: m.gellner@drgellner.de
Website: www.drgellner.de

3. Cookies

The website of Dr. Michael Gellner uses cookies. Cookies are text files that are stored on a computer system via an internet browser.

Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a character string through which websites and servers can be associated with the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.

By using cookies, Dr. Michael Gellner can provide users of this website with more user-friendly services that would not be possible without the setting of cookies – for example, repeatedly clicking the same selection can be avoided through this caching.

Cookies allow us to optimize the information and offers on our website for the benefit of the user. As already mentioned, cookies allow us to recognize users of our website. The purpose of this recognition is to make it easier for users to use our website. A further example is the cookie of a shopping cart in an online shop – the online shop remembers the items a customer has placed in the virtual shopping cart via a cookie.

The data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting of the internet browser used, and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the data subject disables the setting of cookies in the internet browser used, not all functions of our website may be fully usable.

4. Collection of general data and information

The website of Dr. Michael Gellner collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server’s log files. The following may be collected:

(1) the browser types and versions used,
(2) the operating system used by the accessing system,
(3) the website from which an accessing system reaches our website (so-called referrers),
(4) the sub-pages accessed via an accessing system on our website,
(5) the date and time of access to the website,
(6) an internet protocol address (IP address),
(7) the internet service provider of the accessing system, and
(8) other similar data and information used to avert danger in the event of attacks on our information technology systems.

When using this general data and information, Dr. Michael Gellner does not draw any conclusions about the data subject. Rather, this information is needed to

(1) deliver the content of our website correctly,
(2) optimize the content of our website and the advertising for it,
(3) ensure the continued functionality of our information technology systems and the technology of our website, and
(4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack.

This anonymously collected data and information is therefore evaluated by Dr. Michael Gellner both statistically and with the aim of increasing data protection and data security in our organization, in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data in the server log files is stored separately from any personal data provided by a data subject.

5. Subscribing to our newsletter

The website of Dr. Michael Gellner may give users the opportunity to subscribe to our newsletter. Which personal data is transmitted to the controller when ordering the newsletter is apparent from the input form used for this purpose.

Dr. Michael Gellner informs customers and business partners at irregular intervals by means of a newsletter about our offers. Our newsletter can generally only be received by the data subject if

  1. the data subject has a valid email address, and
  2. the data subject registers for the newsletter. For legal reasons, a confirmation email is sent using the double opt-in procedure to the email address entered by a data subject for the first time for newsletter delivery. This confirmation email serves to verify whether the owner of the email address, as the data subject, has authorized receipt of the newsletter.

When registering for the newsletter, we also store the IP address assigned by the internet service provider (ISP) of the computer system used by the data subject at the time of registration, as well as the date and time of registration. The collection of this data is necessary in order to be able to trace (possible) misuse of a data subject’s email address at a later date, and therefore serves the legal protection of the controller.

The personal data collected when registering for the newsletter is used exclusively to send our newsletter. Furthermore, newsletter subscribers may be informed by email if this is necessary for the operation of the newsletter service or a related registration, as could be the case with changes to the newsletter offering or changes to the technical circumstances. The personal data collected as part of the newsletter service is not passed on to third parties. The data subject may cancel the subscription to our newsletter at any time. The consent to the storage of personal data that the data subject has given us for sending the newsletter can be revoked at any time. A corresponding link can be found in every newsletter for the purpose of revoking consent. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to notify the controller in another way.

6. Newsletter tracking

The newsletters of Dr. Michael Gellner contain so-called tracking pixels. A tracking pixel is a miniature graphic embedded in emails that are sent in HTML format, to enable log file recording and analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns. Using the embedded tracking pixel, Dr. Michael Gellner can determine whether and when an email was opened by a data subject, and which links contained in the email were accessed by the data subject.

Personal data collected via the tracking pixels contained in the newsletters is stored and evaluated by the controller in order to optimize newsletter distribution and to better adapt the content of future newsletters to the interests of the data subject. This personal data is not passed on to third parties. Data subjects are entitled at any time to revoke the separate consent declaration given via the double opt-in procedure. After revocation, this personal data will be deleted by the controller. Dr. Michael Gellner automatically interprets unsubscribing from the newsletter as a revocation.

7. Contact option via the website

Due to legal regulations, the website of Dr. Michael Gellner contains information that enables quick electronic contact with us as well as direct communication with us, which also includes a general address for so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted voluntarily by a data subject to the controller is stored for the purposes of processing it or contacting the data subject. This personal data is not passed on to third parties.

8. Comment function in the blog on the website

On selected pages of a blog located on the controller’s website, Dr. Michael Gellner offers users the opportunity to leave individual comments on individual blog posts. A blog is a generally publicly accessible portal hosted on a website, in which one or more people, referred to as bloggers or web bloggers, can post articles or write down their thoughts in so-called blog posts. Blog posts can generally be commented on by third parties.

If a data subject leaves a comment on the blog published on this website, in addition to the comments left by the data subject, information on the time the comment was entered and the username (pseudonym) chosen by the data subject are also stored and published. Furthermore, the IP address assigned to the data subject by the internet service provider (ISP) is logged. This storage of the IP address takes place for security reasons and in case the data subject violates the rights of third parties or posts unlawful content through a submitted comment. The storage of this personal data therefore serves the controller’s own interest, so that the controller could exonerate itself in the event of a legal violation. This collected personal data is not passed on to third parties, unless such disclosure is required by law or serves the legal defense of the controller.

9. Subscribing to comments in the blog on the website

Comments made on the blog of Dr. Michael Gellner can generally be subscribed to by third parties. In particular, a commenter has the option of subscribing to comments that follow their own comment on a particular blog post.

If a data subject chooses the option of subscribing to comments, the controller sends an automatic confirmation email using the double opt-in procedure to verify whether the owner of the specified email address has actually chosen this option. The option to subscribe to comments can be canceled at any time.

10. Routine deletion and blocking of personal data

The controller processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as provided for by the European legislator or other legislators in laws or regulations to which the controller is subject.

If the storage purpose no longer applies, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or deleted in accordance with statutory requirements.

11. Rights of the data subject

  • a)    Right to confirmation

    Every data subject has the right, granted by the European legislator, to obtain confirmation from the controller as to whether or not personal data concerning them are being processed. If a data subject wishes to exercise this right of confirmation, they may contact our Data Protection Officer or another employee of the controller at any time.

  • b)    Right to information

    Every data subject affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller, at any time, free information about the personal data concerning them and a copy of this information. Furthermore, the European legislator has granted the data subject the right to obtain information on the following:

    1. the purposes of the processing
    2. the categories of personal data being processed
    3. the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations
    4. where possible, the envisaged period for which the personal data will be stored, or, if that is not possible, the criteria used to determine that period
    5. the existence of the right to request from the controller rectification or erasure of the personal data concerning them, or restriction of processing, or to object to such processing
    6. the existence of the right to lodge a complaint with a supervisory authority
    7. if the personal data are not collected from the data subject: all available information as to their source
    8. the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject
    9. furthermore, the data subject has the right to obtain information as to whether personal data have been transferred to a third country or to an international organization.
    10. if this is the case, the data subject shall also have the right to obtain information about the appropriate safeguards relating to the transfer. If a data subject wishes to exercise this right of access, they may contact Dr. Michael Gellner or another employee of the controller at any time.

  • c)    Right to rectification

    Every data subject affected by the processing of personal data has the right, granted by the European legislator, to request the immediate rectification of inaccurate personal data concerning them. Furthermore, taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data – including by means of providing a supplementary statement.

    If a data subject wishes to exercise this right to rectification, they may contact our Data Protection Officer or another employee of the controller at any time.

  • d)    Right to erasure (right to be forgotten)

    Every data subject affected by the processing of personal data has the right, granted by the European legislator, to request the controller to erase personal data concerning them without undue delay, where one of the following grounds applies and processing is not necessary:

    • The personal data were collected for such purposes or otherwise processed for which they are no longer necessary.
    • The data subject withdraws the consent on which the processing was based pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and there is no other legal ground for the processing.
    • The data subject objects to the processing pursuant to Art. 21(1) GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) GDPR.
    • The personal data were processed unlawfully.
    • The erasure of the personal data is necessary to comply with a legal obligation under Union or Member State law to which the controller is subject.
    • The personal data were collected in relation to information society services offered pursuant to Art. 8(1) GDPR.

    If one of the above reasons applies and a data subject wishes to arrange for the erasure of personal data stored by Dr. Michael Gellner, they may contact our Data Protection Officer or another employee of the controller at any time. The Data Protection Officer of Dr. Michael Gellner or another employee will ensure that the erasure request is complied with without delay.

    If the personal data were made public by Dr. Michael Gellner and our organization, as controller, is obliged pursuant to Art. 17(1) GDPR to erase the personal data, Dr. Michael Gellner shall take reasonable measures, including technical measures, taking into account available technology and the cost of implementation, to inform other controllers processing the published personal data that the data subject has requested that those other controllers erase any links to, or copies or replications of, that personal data, insofar as processing is not required. The Data Protection Officer of Dr. Michael Gellner or another employee will arrange for what is necessary in each individual case.

  • e)    Right to restriction of processing

    Every data subject affected by the processing of personal data has the right, granted by the European legislator, to request the controller to restrict processing if one of the following conditions applies:

    • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
    • The processing is unlawful, the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
    • The controller no longer needs the personal data for the purposes of processing, but the data subject requires them for the establishment, exercise, or defense of legal claims.
    • The data subject has objected to processing pursuant to Art. 21(1) GDPR, pending verification of whether the legitimate grounds of the controller override those of the data subject.

    If one of the above conditions applies and a data subject wishes to request the restriction of personal data stored by Dr. Michael Gellner, they may contact our Data Protection Officer or another employee of the controller at any time. The Data Protection Officer of Dr. Michael Gellner or another employee will arrange for the restriction of processing.

  • f)      Right to data portability

    Every data subject affected by the processing of personal data has the right, granted by the European legislator, to receive the personal data concerning them, which was provided to a controller by the data subject, in a structured, commonly used, and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, as long as the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, or on a contract pursuant to Art. 6(1)(b) GDPR, and the processing is carried out by automated means, unless the 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.

    Furthermore, in exercising their right to data portability pursuant to Art. 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided this does not adversely affect the rights and freedoms of others.

    To assert the right to data portability, the data subject may contact the Data Protection Officer appointed by Dr. Michael Gellner, or another employee, at any time.

  • g)    Right to object

    Every data subject affected by the processing of personal data has the right, granted by the European legislator, to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them which is based on Art. 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.

    In the event of an objection, Dr. Michael Gellner will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or the processing serves the establishment, exercise, or defense of legal claims.

    If Dr. Michael Gellner processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for the purposes of such advertising. This also applies to profiling, insofar as it is related to such direct marketing. If the data subject objects to Dr. Michael Gellner’s processing for direct marketing purposes, Dr. Michael Gellner will no longer process the personal data for these purposes.

    In addition, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them which is carried out by Dr. Michael Gellner for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

    To exercise the right to object, the data subject may contact the Data Protection Officer of Dr. Michael Gellner or another employee directly. Furthermore, in connection with the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject is free to exercise their right to object by automated means using technical specifications.

  • h)    Automated decisions in individual cases, including profiling

    Every data subject affected by the processing of personal data has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing — including profiling — which produces legal effects concerning them or similarly significantly affects them, unless the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.

    If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is based on the data subject’s explicit consent, Dr. Michael Gellner shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express their point of view, and to contest the decision.

    If the data subject wishes to exercise rights relating to automated decisions, they may contact our Data Protection Officer or another employee of the controller at any time.

  • i)       Right to withdraw a data-protection consent

    Every data subject affected by the processing of personal data has the right, granted by the European legislator, to withdraw consent to the processing of personal data at any time.

    If the data subject wishes to exercise their right to withdraw consent, they may contact our Data Protection Officer or another employee of the controller at any time.

12. Data protection provisions regarding the use of Google AdSense

The controller has integrated Google AdSense on this website. Google AdSense is an online service that enables advertising to be placed on third-party websites. Google AdSense is based on an algorithm that selects the advertisements displayed on third-party websites to match the content of the respective third-party website. Google AdSense allows interest-based targeting of internet users, which is implemented by generating individual user profiles.

The operator of the Google AdSense component is Alphabet Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The purpose of the Google AdSense component is the integration of advertisements on our website. Google AdSense sets a cookie on the data subject’s information technology system. What cookies are has already been explained above. By setting the cookie, Alphabet Inc. is enabled to analyze the use of our website. With each call-up of one of the individual pages of this website, which is operated by the controller and on which a Google AdSense component has been integrated, the internet browser on the data subject’s information technology system is automatically prompted by the respective Google AdSense component to transmit data to Alphabet Inc. for the purpose of online advertising and commission billing. As part of this technical procedure, Alphabet Inc. gains knowledge of personal data, such as the IP address of the data subject, which Alphabet Inc. uses, among other things, to trace the origin of visitors and clicks and subsequently enable commission billing.

As already described above, the data subject can prevent the setting of cookies through our website at any time by means of a corresponding setting of the internet browser used, and thus permanently object to the setting of cookies. Such a setting of the internet browser used would also prevent Alphabet Inc. from placing a cookie on the data subject’s information technology system. Furthermore, a cookie already set by Alphabet Inc. can be deleted at any time via the internet browser or other software programs.

Google AdSense also uses so-called tracking pixels. A tracking pixel is a miniature graphic embedded in websites to enable log file recording and analysis, allowing a statistical evaluation to be carried out. Using the embedded tracking pixel, Alphabet Inc. can determine whether and when a website was opened by a data subject and which links were clicked by the data subject. Tracking pixels are used, among other things, to evaluate the flow of visitors to a website.

Through Google AdSense, personal data and information, including the IP address, which is necessary for recording and billing the advertisements displayed, is transferred to Alphabet Inc. in the United States of America. This personal data is stored and processed in the United States of America. Alphabet Inc. may pass on this personal data, collected through the technical procedure, to third parties under certain circumstances.

Google AdSense is explained in more detail at this link: https://www.google.de/intl/de/adsense/start/.

13. Data protection provisions regarding the use of Umami Analytics

The controller has integrated the web analytics service Umami on this website. Umami is a self-hosted, open-source analytics software that runs exclusively on the controller’s own server (analytics.drgellner.de). No data is transferred to third-party providers or to third countries outside the European Union.

Umami does not use cookies at all and does not create any persistent, device-related identifiers. To create anonymous usage statistics, the visitor’s IP address is used only for the duration of processing a single page view (among other things, to derive the country/region and to form a daily-rotating, non-traceable hash value to distinguish returning visitors within a single day), and is not stored permanently afterward. No combination with other data sources or creation of individual user profiles takes place.

Only aggregated, non-personally-identifiable information is collected, such as pages accessed, referrer, browser type used, and screen resolution, each without personal reference. The purpose of the processing is the statistical evaluation of the use of this website in order to design our offering to meet demand.

Since Umami does not set cookies and does not create personally identifiable, recognizable identifiers, its use does not require consent under Section 25 TTDSG (German Telecommunications and Telemedia Data Protection Act); the legal basis is the controller’s legitimate interest in the demand-oriented design of its website pursuant to Art. 6(1)(f) GDPR. Further information about Umami is available at https://umami.is.

14. Data protection provisions regarding the use of Google AdWords

The controller has integrated Google AdWords on this website. Google AdWords is an internet advertising service that allows advertisers to place ads both in Google’s search engine results and in the Google advertising network. Google AdWords enables an advertiser to pre-define specific keywords, using which an ad is displayed in Google’s search engine results only when the user retrieves a keyword-relevant search result using the search engine. In the Google advertising network, the ads are distributed on topic-relevant websites using an automatic algorithm and taking into account the previously defined keywords.

The operator of Google AdWords services is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The purpose of Google AdWords is to promote our website by displaying interest-relevant advertising on the websites of third-party companies and in the search engine results of the Google search engine, and by displaying third-party advertising on our website.

If a data subject reaches our website via a Google ad, Google stores a so-called conversion cookie on the data subject’s information technology system. What cookies are has already been explained above. A conversion cookie expires after thirty days and is not used to identify the data subject. The conversion cookie, provided it has not yet expired, is used to track whether certain sub-pages, such as the shopping cart of an online shop system, were accessed on our website. The conversion cookie allows both us and Google to track whether a data subject who reached our website via an AdWords ad generated sales, i.e., completed or abandoned a purchase.

The data and information collected through the use of the conversion cookie are used by Google to compile visit statistics for our website. We, in turn, use these visit statistics to determine the total number of users who were referred to us via AdWords ads, in order to determine the success or failure of the respective AdWords ad and to optimize our AdWords ads for the future. Neither our company nor other Google AdWords advertisers receive information from Google that could be used to identify the data subject.

The conversion cookie stores personal information, such as the websites visited by the data subject. With each visit to our website, personal data, including the IP address of the internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data, collected through the technical procedure, to third parties under certain circumstances.

As already described above, the data subject can prevent the setting of cookies through our website at any time by means of a corresponding setting of the internet browser used, and thus permanently object to the setting of cookies. Such a setting of the internet browser used would also prevent Google from setting a conversion cookie on the data subject’s information technology system. Furthermore, a cookie already set by Google AdWords can be deleted at any time via the internet browser or other software programs.

Furthermore, the data subject has the option of objecting to interest-based advertising by Google. To do so, the data subject must visit www.google.de/settings/ads from each of the internet browsers they use and make the desired settings there.

Further information and Google’s applicable privacy policy can be found at https://www.google.de/intl/de/policies/privacy/.

15. Data protection provisions regarding the use of WhatsApp

WhatsApp is a messenger service from Meta, known as Facebook until its rebranding. The business address is:

WhatsApp Ireland Limited

4 Grand Canal Square
Grand Canal Harbour
Dublin 2
Ireland

The operator of this service within the European Union is WhatsApp Ireland Limited, a private limited liability company registered in Ireland with company registration number 607470 and VAT ID IE 3480619JH. WhatsApp Ireland Limited is subject to its own EU data protection terms, which differ from the group’s otherwise globally applicable rules. They state:

“None of the information that WhatsApp […] shares may be used for the Facebook companies’ own purposes (now “Meta”).”

Dr. Gellner’s private mobile phone uses WhatsApp. It is known that this service accesses the metadata of communication connections. If you wish to avoid this type of access to your communication data via WhatsApp on Dr. Gellner’s mobile phone, please use only the landline number specified in this policy. Dr. Gellner will only provide the private mobile number upon request and after agreement to these terms. However, since this means of communication is used by almost all contacts without exception, there is a legitimate interest in also being reachable via this channel.

Contact via the WhatsApp service itself is only possible if smartphones on your side also have this service, or the app required for it, installed, and if consent to the terms of this service has likewise been given there.

Due to the corporate context described here, Dr. Gellner recommends that this service not be used for confidential information under any circumstances. Chat services in general are not designed to operate as confidential channels for exchanging data with confidentiality levels higher than “public” or comparable. Essentially, they are tools intended to relieve other channels, such as email lists, of trivial communication such as “Who’s seen my cup?” Dr. Gellner assumes no responsibility for documents sent unsolicited and without prior arrangement via insecure channels such as this one.

WhatsApp itself provides functions for deleting contacts. Upon request, Dr. Gellner will also delete your contact within a processing time of up to 30 days.

16. Legal basis for processing

Art. 6(1)(a) GDPR serves as the legal basis for our company’s processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6(1)(b) GDPR. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured at our premises and their name, age, health insurance data, or other vital information had to be passed on to a doctor, hospital, or other third parties. In that case, the processing would be based on Art. 6(1)(d) GDPR.
Ultimately, processing operations could be based on Art. 6(1)(f) GDPR. This legal basis applies to processing operations that are not covered by any of the aforementioned legal grounds, if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided the interests, fundamental rights, and freedoms of the data subject do not override that interest. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator, who took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, sentence 2 GDPR).

17. Legitimate interests pursued by the controller or a third party

If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.

18. Duration for which the personal data will be stored

The criterion for the duration of storage of personal data is the respective statutory retention period. After expiration of this period, the corresponding data is routinely deleted, unless it is still required for the performance or initiation of a contract.

19. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; the data subject’s obligation to provide personal data; possible consequences of non-provision

We inform you that the provision of personal data is in part required by law (e.g., tax regulations) or may also arise from contractual provisions (e.g., information about the contractual partner).
Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data, which we must subsequently process. For example, the data subject is obligated to provide us with personal data if our company concludes a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded.
Before providing personal data, the data subject must contact our Data Protection Officer. Our Data Protection Officer will clarify to the data subject, on a case-by-case basis, whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what consequences non-provision of the personal data would have.

20. Existence of automated decision-making

As a responsible company, we refrain from automated decision-making or profiling.

This privacy policy was created using the privacy policy generator from datenschutz iso 9001, in cooperation with RC GmbH, which recycles used notebooks, and the file-sharing lawyers of WBS-LAW.