Privacy policy

INFORMATION ON PERSONAL DATA PROCESSING

The controller regarding the General Data Protection Regulation (GDPR) by the European Union
and national regulations of its member states as well as further data protection regulations is:

Jacinto Mendez
Zumbroockstrasse 16
48153 Münster
Germany

Contact:

Phone: + 41 (0) 163 718 7686
E-Mail: info@jacinto-mendez.de
Website: https://www.jacinto-mendez.de

II. General Information on data processing

1. Scope of the processing of personal data

I, as the controller, collect and process your personal data as the user/the data subject, only to deliver
a functional website including its contents and my offered services. I collect and process data of my users only with an agreement
by the individual user. An exception is only valid in those cases where an agreement by the user in advance is not possible due to actual reasons and the processing of personal data is legal due to law regulations.

2. Legal basis for the processing of personal data

In those cases where I ask users for consent for the processing of their individual personal data, article 6, para. 1, letter a of the GDPR serves as the legal basis for processing personal data.

In those cases where personal data is used for the performance of a contract to which the respective user is party, article 6, para. 1, letter b of the GDPR serves as the legal basis for processing personal data.

In those cases where the processing of personal data is necessary for compliance with a legal obligation to which I am subject, article 6, para. 1, letter c of the GDPR serves as the legal basis for processing personal data.

In those cases where the processing of personal data is necessary to protect the vital interests of the respective person or another natural person, article 6, para. 1, letter d of the GDPR serves as the legal basis for processing personal data.

In those cases where the processing of personal data is necessary to protect my legitimate interests or those of a third party, article 6, para. 1, letter f of the GDPR serves as the legal basis for processing personal data.

This right is only exercised if the interests are not overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. This case especially applies when the data subject is a child.

3. Data erasure and storage time

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

III. Provision of the website and creation of log files

1. Description and scope of data processing

Every time you visit our website, our system automatically collects data and information from the computer system of the calling computer.

The following data is collected:

• Information about the browser type and the version used
• The user’s operating system
• The Internet service provider of the user
• The IP address of the user
• Date and time of access
• Websites from which the user’s system accesses our website
• Pages of my website that the user’s system first accesses when visiting my site
• Pages of my website that the user’s system last accesses when I leave my site

The data is also stored in the log files of our system. 
This data is not stored together with other personal data of the user.

2. Legal basis for data processing

The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GDPR.

3. Purpose of the 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 the IP address of the user must remain stored for the duration of the session.

The data is stored in log files to ensure the functionality of the website. In addition, the data serves us to optimize 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.

Our legitimate interest in data processing pursuant to Art. 6 para. 1 lit. f GDPR also lies in these purposes.

4. Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve 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 has ended.

If the data is stored in log files, this is the case after seven days at the latest. Further storage is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.

5. Possibility of opposition and removal

The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

IV. Use of cookies

a) Description and scope of data processing

My website uses cookies. Cookies are text files that are saved on the user’s computer by the internet browser when the user visits my website. Such a cookie contains a characteristic string which makes it possible to individually identify the respective browser if the website is visited again.

The data that is collected via these cookies is anonymized by using technical provisions. Therefore, establishing a connection between the data and the user is not possible anymore. The data will not be collected together with other personal data.

When a user is visiting my website, the user will be informed about the usage of cookies. I will ask the user for consent regarding the processing of personal data in this context. In this context I will also refer to this data protection policy.

b) Legal basis for data processing

The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f GDPR.

c) Purpose of data processing

The purpose of using technical necessary cookies is to make my website work better for the user visiting it. Some functions of my website cannot be offered without using cookies. For these functions it is necessary that the browser of the user can be identified after having visited a different website.

Cookies are used for the following applications:

• Technical delivery of the website to the user

The data that is collected by using technical necessary cookies is not used to create user profiles. This purpose is my legitimate interest, based on article 6, para. 1, letter f of the GDPR.

(D) Duration of storage, possibility of objection and elimination

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

V. Email Contact/Contact Form

1. Description and scope of data processing

To contact me, the visitor of my website can use the provided email-address on the page. The user can also use the contact form that is installed on my website. In these cases, the personal data of the respective user will be collected.

The following personal data will be transmitted to me if the user contacts me via email or the contact form:

• Name
• Email
• Subject
• All content of the user’s message

No personal data will be transmitted to third parties. All data will exclusively be used for the respective conversation with the user who owns the data.

2. Legal basis for data processing

The legal basis for using the respective personal data, if the user consented, is based on article 6, para. 1, letter a of the GDPR.

The legal basis for using the respective personal data if the user sends me an email or transmitted a message via the contact form is based on article 6, para. 1, letter f of the GDPR. The legal basis for using the respective personal data if the user sends me an email or transmitted a message via the contact form to close a contract is based on article 6, para. 1, letter b of the GDPR.

3. Purpose of the data processing

The processing of the personal data from the Input mask serves us only for the treatment of the establishment of contact. In the event of contact by e-mail, this also constitutes the necessary legitimate Interest In the processing of the data.

The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our Information technology systems.

4. Duration of storage

The personal data of the user will be deleted as soon as the reason for storing the user’s data does not apply anymore. In case of an email conversation or a conversation via the contact form, the user’s data will be deleted as soon as the respective conversation is over. The conversation is over if the contents and context of the conversation reveal that the respective issue is finally settled.

5. Possibility of opposition and elimination

The user has the right at any time to withdraw his or her consent for the processing of personal data. At any time, the user can object against the saving of personal data, if the user contacts me via E-mail or the contact form. In such cases the conversation cannot be continued. The objection must be send in written form via the contact form or the E-Mail-address.

In this case all personal data that have been saved during the conversation will be deleted.

VI. Rights of the data subject

All personal data stored In the course of contacting us will be deleted In this case.
If personal data are processed by you, you are affected within the meaning of the GDPR and you have the following rights vis-a-vis the person responsible:

1. Right of access by the data subject

The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:

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

(2) the categories of personal data being processed;

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

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

(5) the existence of a right to rectification or deletion of personal data concerning you, a right to limitation of processing by the controller or a right to object to such processing;

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

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

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

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

2. The right to correction

You have a right of rectification and/or completion vis-a-vis the data controller if the personal data processed concerning you are incorrect or incomplete. The person responsible shall make the correction without delay.

3. Right to limitation of 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 that enables the data controller to verify the accuracy of the personal data;

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

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

(4) if you have filed an objection to the processing pursuant to Art. 21 para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the person responsible outweigh your reasons.

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

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

4. Right to cancellation

a) Duty to delete

You may request the data controller to delete the personal data relating to you without delay and the controller is obliged to delete this 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 GDPR, and there is no other legal basis for the processing.

(3) You file an objection against the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you file an objection against the processing pursuant to Art. 21 para. 2 GDPR.

(4)The personal data concerning you have been processed unlawfully.

(5) The deletion of personal data relating to you Is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.

(6) The personal data concerning you were collected In relation to information society services offered pursuant to Art. 8 para. 1 GDPR.

b) Information sent to third parties

If the data controller has made the personal data concerning you public and is obliged to delete it pursuant to Art. 17 para. 1 GDPR, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data processors who process the personal data that you as the data subject have requested the deletion of all links to this personal data or of copies or replications of this personal data.

c) Exceptions

The right to cancellation shall not apply where processing is necessary

(1) for the exercise of the right of freedom of expression and information;

(2) to fulfil a legal obligation required for processing under the law of the Union or of the Member States to which the controller is subject or to perform a task in the public interest or in the exercise of official authority conferred on the controller;

(3) for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3) GDPR;

(4) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, insofar as the right mentioned under a) is likely to make it impossible or seriously impair the attainment of the objectives of such processing, or

(5) for the assertion, exercise or defence of legal claims.

5. Right to information

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

The person responsible shall have the right to be informed of such recipients.

6. Right to data transferability

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

(1) the processing is based on a consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and

(2) the processing is carried out using automated procedures.

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

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

7. Right to 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 under Article 6(1 )(e) or (f) of the GDPR; this also applies to profiling based on these provisions.

The data controller no longer processes the personal data concerning you, unless he can prove compelling reasons worthy of protection for the processing, which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising: this also applies to profiling, insofar as It is associated with such direct marketing.

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

You have the possibility to exercise your right of objection In connection with the use of Information Society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.

8. Right to revoke the data protection declaration of consent

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

9. Automated decision in individual cases including profiling

You have the right not to be subject to a decision based exclusively on automated processing – Including profiling – that has legal effect against you or significantly Impairs you In a similar manner. This shall not apply where the decision

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

(2) is admissible under Union or Member State law to which the person responsible is subject and where such law contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or

(3) Is taken with your express consent.

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

In the cases referred to In (1) and (3), the person responsible shall take reasonable measures to safeguard your rights, freedoms and legitimate Interests, Including at least the right to obtain the Intervention of a person by the person responsible, to state his own position and to challenge the decision.

10. Right of appeal to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right of appeal to a supervisory authority. In particular In the Member State where you reside, work or suspect of Infringement, If you believe that the processing of personal data concerning you Is contrary to the GDPR.

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

This privacy policy has been created by using the privacy policy template by Prof. Dr. Thomas Hören (University of Muenster). This privacy policy also contains content from the General Data Protection Regulation (GDPR) by the European Union (https://gdpr-info.eu/).

Only the controller as stated above (in chapter I.) is responsible for this privacy policy