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
Höltenweg 123
48155 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

Where I obtain the consent of the data subject for processing operations involving personal data, Article 6(1)(a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.

Where the processing of personal data is necessary for the performance of a contract to which the data subject is a party, Article 6(1)(b) GDPR serves as the legal basis for the processing. This also applies to processing operations that are necessary in order to take steps prior to entering into a contract.

Where the processing of personal data is necessary for compliance with a legal obligation to which I am subject, Article 6(1)(c) GDPR serves as the legal basis for the processing.

If the processing of personal data is necessary in order to protect the vital interests of the data subject or another natural person, Article 6(1)(d) GDPR serves as the legal basis for the processing.

Where processing is necessary for the purposes of a legitimate interest pursued by me or by a third party, and such interests are not overridden by the interests, fundamental rights, and freedoms of the data subject, Article 6(1)(f) GDPR serves as the legal basis for the processing.

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 version used
• The user’s operating system
• The user’s Internet service provider
• 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 accesses first when visiting my site
• Pages of my website last accessed by the user’s system when leaving my site

The data is also stored anonymously in the provider’s log files. This data is not stored together with any other personal data of the user.

2. Legal basis for data processing

The legal basis for the temporary storage of the data and log files is Article 6(1)(f) GDPR.

3. Purpose of data processing

Temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s
computer. For this purpose, the user’s IP address must remain stored for the duration of the session.

The storage of data in log files takes place in order to ensure the functionality of the website. In addition, the data serves to optimise the website and to ensure the security of my information technology systems. In this context, the data is not evaluated for marketing purposes.

These purposes also constitute my legitimate interest in the processing of data pursuant to Article 6(1)(f) GDPR.

4. Duration of storage

The data will be deleted as soon as it is no longer required for the purpose for which it was 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.

In the case of the storage of data in log files, this occurs after no later than seven days. Storage beyond this period is possible. In such cases, the IP addresses of users are deleted or anonymised so that it is no longer possible to identify the accessing client. This does not affect obligations to retain data that website operators and their hosting providers are required to fulfil under statutory regulations. In such cases, the data is deleted once the legally prescribed retention period expires.

5. possibility of objection and removal

The collection of data for the provision of the website and the storage of data in log files are essential for the operation of the website. Consequently, the user has no option to object.

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 user data collected in this way is pseudonymised through technical measures. It is therefore no longer possible to assign the data to the accessing user. The data is not stored together with any other personal data of the user. When accessing my website, the user is informed about the use of cookies and their consent is obtained for the processing of personal data used in this context. In this connection, reference is also made to this Privacy Policy.

b) Legal basis for data processing

The legal basis for the processing of personal data using technically necessary cookies is Article 6(1)(f) GDPR.

c) Purpose of the 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 the use of 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 user data collected by technically necessary cookies is not used to create user profiles.
These purposes also constitute our legitimate interest in the processing of personal data pursuant to Article 6(1)(f) GDPR.

d) Duration of storage, possibility of objection and removal

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

V. E-mail contact/contact form

1. Description and scope of data processing

It is possible to contact me via the email address provided or through the contact form. In this case, the user’s personal data transmitted with the email or via the contact form will be stored. If a user chooses to communicate with me via the contact form, the data entered into the input form will be transmitted to and stored by me. This data includes:

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

In this context, the data is not passed on to third parties. The data is used exclusively for the processing of the conversation.

2. Legal basis for data processing

Where the user has given consent, the legal basis for the processing of the data is Article 6(1)(a) GDPR.

The legal basis for the processing of data transmitted in the course of sending an email or via the contact form is Article 6(1)(f) GDPR. If the email contact or contact via the contact form is aimed at concluding a contract, the additional legal basis for the processing is Article 6(1)(b) GDPR.

3. Purpose of data processing

The processing of personal data from the email or the contact form is solely for the purpose of processing the contact. This also constitutes the necessary legitimate interest in processing 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 my information technology systems.

4. Duration of storage

The data will be deleted as soon as it is no longer required for the purpose for which it was collected.
For personal data entered into the contact form and data transmitted by email, this is the case once the respective conversation with the user has ended. A conversation is considered ended when it can be inferred from the circumstances that the matter in question has been conclusively resolved.

5. possibility of objection and removal

The user has the right to withdraw their consent to the processing of personal data at any time. If the user contacts me by email or via the contact form, they may object to the storage of their personal data at any time. In such a case, the conversation cannot be continued. Such withdrawal must be made in writing via the email address provided or through the contact form.

All personal data stored in the course of contacting us will be deleted in this case.

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 controller:

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.

If such processing has taken place, you can request the following information from the controller:

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

(2) the categories of personal data that are processed;

(3) the recipients or categories of recipients to whom the personal data concerning you has been or will be disclosed;

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

(5) the existence of a right to rectification or erasure of personal data concerning you,
a right to restriction 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) all 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, 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 envisaged consequences of such processing for the data subject.

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

2. Right to rectification

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 restriction of processing

(1) if you contest the accuracy of the personal data concerning you for a period enabling the 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 objected to the processing pursuant to Article 21(1) GDPR and it has not yet been determined whether the legitimate grounds of the controller override your grounds.

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 restriction of processing has been restricted in accordance with the above conditions,
you will be informed by the controller before the restriction is lifted.

4. Right to erasure

a) Obligation to delete

You have the right to obtain from the controller the erasure of personal data concerning you
without undue delay and the controller shall have the obligation to erase this data
without undue delay where one of the following grounds applies:

(1) The personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

(2) you withdraw your consent on which the processing is based pursuant to Article 6
(1)(a) or Article 9(2)(a) GDPR, and there is no other legal basis for the processing.

(3) you object to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(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 was collected in relation to information society services offered pursuant to Article 8(1) GDPR.

b) Information to third parties

Where the controller has made the personal data concerning you public and is obliged pursuant to Article 17(1) GDPR to erase the personal data, the controller shall, taking account of available technology and the cost of implementation, take reasonable measures, including technical measures, to inform controllers processing the personal data that you, as the data subject, have requested the erasure of all links to, or copies or replications of, those personal data.

c) Exceptions

The right to erasure does not exist if the processing is necessary

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

(2) to fulfill 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 pursuant to Article 9(2)(h) and (i), as well as Article 9(3) GDPR;

(4) for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89(1) GDPR, insofar as the right referred to under section (a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or

(5) for the assertion, exercise or defense 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.

You have the right to be informed about these recipients by the controller.

6. Right to data transferability

You have the right to receive the personal data concerning you, which you have provided to the controller,
in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, where

(1) where the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, or on a contract pursuant to Article 6(1)(b) GDPR, and

(2) the processing is carried out by automated means.

In exercising this right, you also have the right to have the personal data
concerning you transmitted directly from one controller to another, where technically feasible.
The freedoms and rights of other persons may not be impaired by this.

The right to data portability shall not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. Right of objection

You have the right, at any time, to object to the processing of personal data concerning you, on grounds relating to your particular situation, where such processing is based on Article 6(1)(e) or (f) GDPR; this also applies to profiling based on those provisions.

The controller will no longer process the personal data concerning you unless can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims.

If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing, which includes profiling to the extent that it is related to 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.

Notwithstanding Directive 2002/58/EC, you have the option of exercising your right to object in connection with the use of information society services by means of automated procedures using technical specifications.

8. Right to revoke the data protection declaration of consent

You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

9. Automated decision in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

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

(2) is authorized by Union or Member State law to which the controller is subject
and which also lays down suitable measures to safeguard your rights and freedoms and legitimate
interests; or

(3) Is taken with your express consent.

However, such decisions may not be based on special categories of personal data pursuant to Article 9(1) GDPR unless Article 9(2)(a) or (g) applies and appropriate measures have been taken to safeguard your rights, freedoms and 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 to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work
or place of the alleged infringement if you consider that the processing of
personal data relating to you infringes the GDPR.

The supervisory authority to which the complaint has been submitted shall inform the complainant of the
status and outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

This data protection declaration was created with the help of the
sample data protection declaration provided by Prof. Dr. Thomas Hören (WWU Münster) (https://www.uni-muenster.de/Jura.itm/hoeren/lehre/materialien/musterdatenschutzerklaerung)

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