1. Data Protection at a Glance

General Information

The following notes provide a simple overview of what happens to your personal data when you visit this website. Personal data refers to all data that can be used to personally identify you. Detailed information on data protection can be found in the privacy policy listed below this text.

Data Collection on this Website

Who is responsible for data collection on this website?

Data processing on this website is carried out by the website operator. Their contact details can be found in the section “Note on the Responsible Party” in this privacy policy.

How do we collect your data?

On the one hand, your data is collected when you provide it to us, for example by entering it into a contact form. Other data is collected automatically or with your consent by our IT systems when you visit the website. These are primarily technical data (e.g., internet browser, operating system, or time of page access). This data is collected automatically as soon as you enter this website.

What do we use your data for?

Some of the data is collected to ensure the error-free provision of the website. Other data can be used to analyze your user behavior. If contracts can be concluded or initiated via the website, the transmitted data will also be processed for contract offers, orders, or other business inquiries.

What rights do you have regarding your data?

You have the right to receive information free of charge at any time about the origin, recipient, and purpose of your stored personal data. You also have the right to request the correction or deletion of this data. If you have given consent to data processing, you can revoke this consent at any time for the future. You also have the right, under certain circumstances, to request the restriction of the processing of your personal data. Furthermore, you have the right to lodge a complaint with the competent supervisory authority. For this and other questions about data protection, you can contact us at any time.

Analysis Tools and Third-Party Tools

When visiting this website, your browsing behavior may be statistically evaluated. This happens mainly with analysis programs.

Detailed information on these analysis programs can be found in the following privacy policy.

2. Hosting

We host the content of our website with the following provider:

Strato

Provider is Strato AG, Otto-Ostrowski-Straße 7, 10249 Berlin (hereinafter “Strato”). When you visit our website, Strato collects various log files, including your IP addresses. Further information can be found in Strato’s privacy policy: https://www.strato.de/datenschutz/.

The use of Strato is based on Art. 6(1)(f) GDPR. We have a legitimate interest in the most reliable presentation of our website. If consent has been requested, processing takes place exclusively on the basis of Art. 6(1)(a) GDPR and § 25(1) TDDDG, insofar as consent includes the storage of cookies or access to information in the user’s device (e.g., device fingerprinting) as defined by the TDDDG. Consent can be revoked at any time.

Order Processing

We have concluded a Data Processing Agreement (DPA) for the use of the above-mentioned service. This is a legally required contract ensuring that Strato processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.

3. General Information and Mandatory Details

Data Protection

The operators of this site take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the legal data protection regulations and this privacy policy.

When you use this website, various personal data are collected. Personal data are data with which you can be personally identified. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.

Please note that data transmission on the internet (e.g., communication via email) may have security gaps. Complete protection of data from third-party access is not possible.

Note on the Responsible Party

The responsible party for data processing on this website is:

Herter Consulting GmbH
Schillerstraße 18
64579 Gernsheim
Email: info@herterconsulting.de

The responsible party is the natural or legal person who, alone or jointly with others, decides on the purposes and means of processing personal data (e.g., names, email addresses, etc.).

Storage Duration

Unless a more specific storage period is specified in this privacy policy, your personal data will remain with us until the purpose for data processing no longer applies. If you request legitimate deletion or revoke your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g., tax or commercial retention periods); in the latter case, deletion will take place once these reasons no longer apply.

General information on the legal basis for data processing on this website

If you have consented to data processing, we process your personal data on the basis of Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR, if special categories of data are processed in accordance with Art. 9 (1) GDPR. In the event of express consent to the transfer of personal data to third countries, data processing is also carried out on the basis of Art. 49 (1) (a) GDPR. If you have consented to the storage of cookies or access to information on your end device (e.g., via device fingerprinting), data processing is also carried out on the basis of Section 25 (1) TDDDG. Consent can be revoked at any time. If your data is necessary for the performance of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Art. 6 (1) lit. b GDPR. Furthermore, we process your data if it is necessary to fulfill a legal obligation on the basis of Art. 6 (1) lit. c GDPR. Data processing may also be carried out on the basis of our legitimate interest pursuant to Art. 6 (1) lit. f GDPR. The relevant legal basis in each individual case is explained in the following paragraphs of this privacy policy.

Note on data transfer to third countries that are not secure in terms of data protection law and transfer to US companies that are not DPF-certified

Among other things, we use tools from companies based in third countries that are not secure in terms of data protection law, as well as US tools whose providers are not certified under the EU-US Data Privacy Framework (DPF). When these tools are active, your personal data may be transferred to these countries and processed there. We would like to point out that a level of data protection comparable to that in the EU cannot be guaranteed in third countries that are not secure in terms of data protection law.

We would like to point out that the US, as a secure third country, generally has a level of data protection comparable to that of the EU. Data transfer to the US is therefore permissible if the recipient is certified under the EU-US Data Privacy Framework (DPF) or has appropriate additional safeguards in place. Information on transfers to third countries, including data recipients, can be found in this privacy policy.

Recipients of personal data

We work with various external parties in the course of our business activities. This sometimes requires the transfer of personal data to these external parties. We only pass on personal data to external parties if this is necessary for the performance of a contract, if we are legally obliged to do so (e.g., disclosure of data to tax authorities), if we have a legitimate interest in the disclosure pursuant to Art. 6 (1) lit. f GDPR, or if another legal basis permits the disclosure of data. When using processors, we only disclose our customers’ personal data on the basis of a valid contract for data processing. In the case of joint processing, a contract for joint processing is concluded.

Revocation of your consent to data processing

Many data processing operations are only possible with your express consent. You can revoke any consent you have already given at any time. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

Right to object to data collection in specific cases and to direct marketing (Art. 21 GDPR)

IF DATA PROCESSING IS BASED ON ART. 6(1)(f) OR (f) GDPR, YOU HAVE THE RIGHT TO OBJECT TO SUCH PROCESSING AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION. E OR F GDPR, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS DATA PROTECTION DECLARATION. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA, UNLESS WE CAN PROVE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, RIGHTS, AND FREEDOMS, OR THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS (OBJECTION PURSUANT TO ART. 21(1) GDPR).

IF YOUR PERSONAL DATA IS PROCESSED FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR SUCH MARKETING PURPOSES; THIS ALSO APPLIES TO PROFILING, INSOFAR AS IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL NO LONGER BE USED FOR DIRECT MARKETING PURPOSES (OBJECTION PURSUANT TO ART. 21(2) GDPR).

Right to lodge a complaint with the competent supervisory authority

In the event of violations of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, place of work, or place of the alleged violation. The right to lodge a complaint exists without prejudice to other administrative or judicial remedies.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done if it is technically feasible.

Information, correction, and deletion

Within the framework of the applicable legal provisions, you have the right to receive information free of charge at any time about your stored personal data, its origin and recipients, and the purpose of data processing, and, if applicable, a right to correct or delete this data. You can contact us at any time with any questions you may have about this or other topics related to personal data.

Right to restriction of processing

You have the right to request the restriction of the processing of your personal data. You can contact us at any time to do so. The right to restriction of processing applies in the following cases:

• If you dispute the accuracy of your personal data stored by us, we usually need time to verify this. For the duration of the verification, you have the right to request the restriction of the processing of your personal data.
• If the processing of your personal data was/is unlawful, you can request the restriction of data processing instead of deletion.
• If we no longer need your personal data, but you need it to exercise, defend, or assert legal claims, you have the right to request the restriction of the processing of your personal data instead of deletion.
• If you have lodged an objection pursuant to Art. 21 (1) GDPR, a balance must be struck between your interests and ours. As long as it is not yet clear whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, this data may—apart from its storage—only be processed with your consent or for the assertion, exercise, or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or a Member State.

4. Data collection on this website

Cookies

Our websites use so-called “cookies.” Cookies are small data packets and do not cause any damage to your device. They are either stored temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your device. Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your device until you delete them yourself or your web browser automatically deletes them.

Cookies can originate from us (first-party cookies) or from third-party companies (so-called third-party cookies). Third-party cookies enable the integration of certain services from third-party companies within websites (e.g., cookies for processing payment services).

Cookies have various functions. Numerous cookies are technically necessary, as certain website functions would not work without them (e.g., the shopping cart function or the display of videos). Other cookies can be used to evaluate user behavior or for advertising purposes.

Cookies that are necessary for the electronic communication process, for the provision of certain functions requested by you (e.g., for the shopping cart function) or for the optimization of the website (e.g., cookies for measuring the web audience) (necessary cookies) are stored on the basis of Art. 6 para. 1 lit. f GDPR, unless another legal basis is specified. The website operator has a legitimate interest in storing necessary cookies for the technically error-free and optimized provision of its services. If consent to the storage of cookies and similar recognition technologies has been requested, processing is carried out exclusively on the basis of this consent (Art. 6 (1) (a) GDPR and § 25 (1) TDDDG); consent can be revoked at any time.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general, and activate the automatic deletion of cookies when closing the browser. If you deactivate cookies, the functionality of this website may be restricted.

You can find out which cookies and services are used on this website in this privacy policy.

Enquiries by email, telephone, or fax

If you contact us by email, telephone, or fax, your enquiry, including all resulting personal data (name, enquiry), will be stored and processed by us for the purpose of processing your request. We will not pass on this data without your consent.

This data is processed on the basis of Art. 6 (1) (b) GDPR, provided that your inquiry is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, processing is based on our legitimate interest in the effective processing of inquiries addressed to us (Art. 6 (1) (f) GDPR) or on your consent (Art. 6 (1) (a) GDPR) if this has been requested; consent can be revoked at any time.

The data you send us via contact requests will remain with us until you request us to delete it, revoke your consent to its storage, or the purpose for data storage no longer applies (e.g., after your request has been processed). Mandatory legal provisions—in particular statutory retention periods—remain unaffected.

5. Plugins and tools

Google Fonts (local hosting)

This site uses Google Fonts, which are provided by Google, to ensure consistent font display. Google Fonts are installed locally. No connection to Google servers is established.

Further information about Google Fonts can be found at https://developers.google.com/fonts/faq and in Google’s privacy policy: https://policies.google.com/privacy?hl=de.

Wordfence

We have integrated Wordfence into this website. The provider is Defiant Inc., Defiant, Inc., 800 5th Ave Ste 4100, Seattle, WA 98104, USA (hereinafter “Wordfence”).

Wordfence serves to protect our website from unwanted access or malicious cyber attacks. For this purpose, our website establishes a permanent connection to the Wordfence servers so that Wordfence can compare its databases with the accesses made on our website and block them if necessary.

The use of Wordfence is based on Art. 6 (1) lit. f GDPR. The website operator has a legitimate interest in protecting its website as effectively as possible against cyber attacks. If consent has been requested, processing is carried out exclusively on the basis of Art. 6 (1) lit. a GDPR and § 25 (1) TDDDG, insofar as the consent includes the storage of cookies or access to information on the user’s terminal device (e.g., device fingerprinting) within the meaning of the TDDDG. Consent can be revoked at any time.

Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.wordfence.com/help/general-data-protection-regulation/.

Order processing

We have concluded an order processing agreement (AVV) for the use of the above-mentioned service. This is a contract required by data protection law, which ensures that the personal data of our website visitors is only processed in accordance with our instructions and in compliance with the GDPR.

Quelle: https://www.e-recht24.de