VH Regulatory Consulting

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Privacy Policy

 

Privacy Policy

Thank you very much for your interest in VH Regulatory Consulting GmbH & Co. KG. Protection of your personal data is of utmost importance to VH Regulatory Consulting GmbH & Co. KG. Using the website of VH Regulatory Consulting GmbH & Co. KG is generally possible without any disclosure of personal data. If a person concerned (‘data subject’) wants to use special services provided by VH Regulatory Consulting GmbH & Co. KG by using the website, processing of personal data could become necessary. If processing of personal data is required and if there is no legal basis for such processing, VH Regulatory Consulting GmbH & Co. KG generally requests consent of the data subject.

Processing of personal data such as name, address, electronic mail address or phone number of a data subject is always in line with the General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection laws and regulations valid for VH Regulatory Consulting GmbH & Co. KG. By means of this privacy policy, VH Regulatory Consulting GmbH & Co. KG intends to provide information about the type and extent of personal data collected, used and processed and about the purpose of such collection, use and processing of personal data. Furthermore, with this privacy policy, data subjects are informed about their rights in this context.

As the controller (responsible for the processing of personal data), VH Regulatory Consulting GmbH & Co. KG has implemented technical and organisational measures to guarantee protection of the personal data processed via this website, which is as complete as possible. Nevertheless, there may be security gaps with web-based data transmission in general, which could mean that an absolute protection may not be guaranteed. For this reason, every data subject is free to transmit personal data to VH Regulatory Consulting GmbH & Co. KG using alternative routes such as over the phone.

 

1. Definition of Terms

The privacy policy of VH Regulatory Consulting GmbH & Co. KG uses terms, which have been used by the European legislative body when the General Data Protection Regulation (GDPR) has been established. This privacy policy should be easily readable and understandable. To ensure this, the terms used are explained at the beginning of this privacy policy.

In this privacy policy, the following terms are used:

a) Personal data

Personal data means any information relating to an identified or identifiable natural person (‘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 is each identified or identifiable natural person, whose personal data are processed by the controller (responsible for the processing of personal data).

 

c) Processing

Processing means any operation or set of operations which is 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 (person responsible for processing of personal data)


Controller or person responsible for processing of personal data 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 another 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 are not 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 of the data subject 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 (person responsible for processing personal data)

Controller responsible for processing personal data according to the General Data Protection Regulation (GDPR), other data protection laws and regulations valid in the Member States of the European Union and other regulations dealing with data protection:

VH Regulatory Consulting GmbH & Co. KG Dr. Volker Helfrich Herdernerstr. 42 79801 Hohentengen a. H. Germany E-Mail: This email address is being protected from spambots. You need JavaScript enabled to view it. Website: www.vh-regulatory.de


3. Collection of general data and Information

With each access to the website by a data subject or an automated system, the website of VH Regulatory Consulting GmbH & Co. KG collects certain general data and information. These general data and information are stored in the log files of the server. 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 gets to the website of VH Regulatory Consulting GmbH & Co. KG (so-called referrer), (4) the secondary websites, which are accessed via an accessing system on the website of VH Regulatory Consulting GmbH & Co. KG, (5) date and time of the 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, which may be used for hazard control in case of attacks towards the information technology systems of VH Regulatory Consulting GmbH & Co. KG.

By using these general data and information, VH Regulatory Consulting GmbH & Co. KG does not draw any conclusions on the data subject. These data and information are rather required (1) to correctly deliver the contents of the website of VH Regulatory Consulting GmbH & Co. KG, (2) to guarantee the permanent functional ability of the information technology systems and the technicalities of the website of VH Regulatory Consulting GmbH & Co. KG and (3) to provide to law enforcement authorities the information required for law enforcement in case of a cyber attack. These data and information collected in an anonymous way are statistically assessed by VH Regulatory Consulting GmbH & Co. KG on the one hand, and furthermore evaluated with the objective to improve data protection and data security in order to finally ensure an optimal level of protection for the personal data processed by VH Regulatory Consulting GmbH & Co. KG. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

The websites partially use so-called cookies. Cookies do not harm your computer and do not contain viruses. Cookies serve the purpose to make the services offered more user-friendly, effective and safe. Cookies are small text files, which are filed on your computer and stored by your browser.

Most of the used cookies are so-called session cookies. These will be automatically deleted after your visit to the website. Other cookies are stored on your end device until you delete them. The cookies make it possible to identify your browser during your next visit.

You can adjust your browser in such a way that you are informed about the setting of cookies, that you allow use of cookies only in specific cases, that you exclude the acceptance of cookies in certain cases or generally and that you activate the automatic deletion of cookies when you close the browser. Deactivation of cookies may limit the functionality of the website.


4. Contact options via the Website

Based on legal requirements, the website of VH Regulatory Consulting GmbH & Co. KG contains information enabling quick electronic contact and immediate communication, which also involves an electronic mail address. If a data subject initiates contact with the controller by electronic mail, the personal data transmitted by the data subject will be automatically saved. Such data provided by the data subject on a voluntary basis to the controller are saved for purposes related to processing or contact to the data subject. The personal data is not transmitted to a third party.


5. Routine erasure and suspension of personal data

The controller processes and stores personal data of the data subject only for the time needed to achieve the purpose of the storage or on the basis of laws and regulations established by the European legislative body, which are applicable for the controller.

If the purpose of the storage is no longer applicable or if a storage period established by the European legislative body or another legislative body expires, the personal data are routinely suspended or erased in accordance with the legal requirements.


6. Rights of the data subject


a) Right to confirmation

Each data subject has the right granted by the European legislative body to request from the controller confirmation as to whether personal data related to him or her are processed. If a data subject wants to use this right to confirmation, he or she can contact VH Regulatory Consulting GmbH & Co. KG for this purpose at any time.


b) Right to access the personal data

Each data subject has the right granted by the European legislative body to request free of charge from the controller information about the personal data stored related to him or her and to request a copy of such information. Furthermore, the European legislative body has granted the data subject the right to receive the following information:

  • the purposes of the processing;
  • the categories of personal data concerned;
  • 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 organisations;
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  • the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
  • the right to lodge a complaint with a supervisory authority;
  • where the personal data are not collected from the data subject, any available information as to their source;
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

Furthermore, the dat subject has the right to receive information as to whether personal data have been transmitted to a third country or an international organisation. If this is the case, the data subject further has the right to receive information about suitable guarantees in the context of such transmission.

If a data subject wants to use this right to access the data, he or she can contact VH Regulatory Consulting GmbH & Co. KG for this purpose at any time.


c) Right to rectification

Each data subject has the right granted by the European legislative body to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wants to use this right to rectification, he or she can contact VH Regulatory Consulting GmbH & Co. KG for this purpose at any time.


d) Right to erasure („right to be forgotten“)

Each data subject has the right granted by the European legislative body to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and as far as the processing is not required:

  • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  • The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing.
  • The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
  • The personal data have been unlawfully processed.
  • The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
  • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.

If one of the reasons mentioned above is applicable and a data subject wants to request erasure of the personal data stored by VH Regulatory Consulting GmbH & Co. KG, he or she can contact VH Regulatory Consulting GmbH & Co. KG for this purpose at any time. VH Regulatory Consulting GmbH & Co. KG will take care that the request for erasure is fulfilled without undue delay.

Where VH Regulatory Consulting GmbH & Co. KG has made the personal data public and is obliged as controller to erase the personal data in accordance with Article 17(1) GDPR, VH Regulatory Consulting GmbH & Co. KG, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data as fas as the processing is not required. VH Regulatory Consulting GmbH & Co. KG will initiate the measures appropriate for each individual case.


e) Right to restriction of processing

Each data subject has the right granted by the European legislative body to obtain from the controller restriction of processing where one of the following pre-requisites 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 and 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 the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
  • The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the prerequisites mentioned above is applicable and a data subject wants to request restriction of the processing of the personal data stored by VH Regulatory Consulting GmbH & Co. KG, he or she can contact VH Regulatory Consulting GmbH & Co. KG for this purpose at any time. VH Regulatory Consulting GmbH & Co. KG will take care that the request for restriction of the processing of the personal data is fulfilled.


f) Right to data portability

Each data subject has the right granted by the European legislative body to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1) and the processing is carried out by automatic means as far as the right does not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

In exercising his or her right to data portability pursuant to Article 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where this is technically feasible and does not adversely affect the rights and freedoms of others.

To exercise the right to data portability, the data subject can contact VH Regulatory Consulting GmbH & Co. KG for this purpose at any time.


g) Right to object

Each data subject has the right granted by the European legislative body to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions.

VH Regulatory Consulting GmbH & Co. KG does no longer process the personal data unless VH Regulatory Consulting GmbH & Co. KG can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.

Where VH Regulatory Consulting GmbH & Co. KG processes personal data for direct marketing purposes, the data subject has the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where the data subject informs VH Regulatory Consulting GmbH & Co. KG of his or her objection to processing for direct marketing purposes, the personal data are no longer processed for such purposes by VH Regulatory Consulting GmbH & Co. KG.

Furthermore, where VH Regulatory Consulting GmbH & Co. KG processes personal data for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

To exercise the right to object, the data subject can contact VH Regulatory Consulting GmbH & Co. KG directly. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.


h) Automated individual decision-making, including profiling

Each data subject has the right granted by the European legislative body not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her as far as (1) the decision is not necessary for entering into, or performance of, a contract between the data subject and a data controller or (2) the decision is authorised 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) the decision is based on the data subject’s explicit consent.

If the decision is (1) necessary for entering into, or performance of, a contract between the data subject and the controller or (2) based on the data subject’s explicit consent, VH Regulatory Consulting GmbH & Co. KG implements suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

To exercise the rights related to automated decision-making, the data subject can contact VH Regulatory Consulting GmbH & Co. KG for this purpose at any time.


i) Right to withdraw the consent to process personal data

Each data subject has the right granted by the European legislative body to withdraw his or her consent to process his or her personal data at any time.

To exercise the right to withdraw his or her consent to process his or her personal data, the data subject can contact VH Regulatory Consulting GmbH & Co. KG for this purpose at any time.


7. Legal basis of the data processing

For VH Regulatory Consulting GmbH & Co. KG, Article 6(1)(a) GDPR serves as legal basis for data processing procedures, for which the data subject has given consent to the processing of his or her personal data for one or more specific purposes. If data processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract, the legal basis for the data processing is Article 6(1)(b) GDPR. The same applies for data processing procedures, which are necessary for performing measures in preparation of entering into a contract with the data subject, for example in the case of requests or questions related to the services offered by VH Regulatory Consulting GmbH & Co. KG. Where processing of personal data is necessary for compliance with a legal obligation, to which VH Regulatory Consulting GmbH & Co. KG is subject, for example for compliance with tax obligations, the legal basis for the data processing is Article 6(1)(c) GDPR. In rare cases, processing may be necessary in order to protect the vital interests of the data subject or of another natural person. In such cases, the legal basis for the data processing would be Article 6(1)(d) GDPR. Finally, the legal basis for the data processing could be Article 6(1)(f) GDPR. This is the legal basis for data processing procedures, where processing is necessary for the purposes of the legitimate interests pursued by VH Regulatory Consulting GmbH & Co. KG or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such data processing procedures are allowed in particular since the European legislative body has specifically made reference to them. The European legislative body is of the opinion that such legitimate interest could be assumed to exist where the data subject is a client of the controller (GDPR recital 47, second sentence).


8. Legitimate interests with regard to the data processing pursued by the controller or a third Party

If the processing of personal data is based on Article 6(1)(f) GDPR, the legitimate interest is the performance of the services in favour of the clients of VH Regulatory Consulting GmbH & Co. KG.


9. Period of storage of personal data

If the purpose of the storage of the personal data is no longer applicable or if a storage period established by the European legislative body or another legislative body expires, the personal data are routinely suspended or erased in accordance with the legal requirements.

The criterion for the period of storage of personal data is the applicable legal period of retention. Upon expiration of the storage period, the personal data concerned will be routinely erased if they are no longer required to fulfill the contract or to prepare a contractual relationship.


10. Legal or contractual requirements for providing personal data; need for entering into a contract; obligation of the data subject to provide the personal data; possible consequences if the personal data are not provided

VH Regulatory Consulting GmbH & Co. KG informs you that the necessity to provide personal data is partially based on legal requirements (for example tax regulations) or may result from contractual provisions (for example information on the contractual partner).

Occasionally, it may be required for entering into a contract that a data subject provides personal data to VH Regulatory Consulting GmbH & Co. KG, which then must be processed by VH Regulatory Consulting GmbH & Co. KG. For example, the data subject is obliged to provide personal data to VH Regulatory Consulting GmbH & Co. KG if VH Regulatory Consulting GmbH & Co. KG enters into a contract with him or her. Not providing the personal data would make it impossible to conclude the contract. Before the data subject provides the personal data, the data subject must contact VH Regulatory Consulting GmbH & Co. KG. In each individual case, VH Regulatory Consulting GmbH & Co. KG informs the data subject whether providing the personal data is based on legal or contractual requirements or necessary for entering into a contract, whether there is an obligation to provide the personal data and which consequences would result from not providing the personal data.


11. Existence of an automated decision-making process

VH Regulatory Consulting GmbH & Co. KG does not employ an automated decision-making process and does not apply profiling.

This data policy has been prepared using the data policy generator of the German Association for Data Protection (Deutsche Gesellschaft für Datenschutz, DGD) in cooperation with RC GmbH and the file sharing lawyers of WBS-LAW.