Privacy Statement

 

 1. Name and Contact Details of Controller

This privacy statement informs about processing of personal data on the website of:

Controller:

QUBA GmbH Steuerberatungsgesellschaft
Quintus Bartscherer
Beethovenplatz 2
80336 München
Tel.: +49 89 5998819-0
Fax: +49 89 5998819-28

bartscherer@quba-gmbh.de

 

2. Coverage and Purpose for Processing of Personal Data

Access of Website

By accessing the website www.quba-gmbh.de the internet browser used by the visitor sends automatically data to the server of the website, which are stored for a limited period of time in a logfile. The following data are stored without additional input of the visitor until the data are automatically erased:

• IP address of the device of the visitor
• Date and time of the access of the visitor
• Name and URL of website accessed by the visitor
• Website from which the visitor access the controller website (so-called referrer URL)
• Browser and operation system of the device used by the visitor and name of the access-provider used by the visitor

 

Processing of those personal data are justified according to Art. 6 para 1 sent. 1 lit f) GDPR. The controller has legitimate interest of processing the data for the purposes of:

• connecting easy to the website of the controller
• providing a userfriendly application of the website
• assuring and identifying security and stability of the systems and
• improving and facilitating the administration of the website

Processing of the data is explicitly not carried out for the purpose of gaining personal knowledge about the visitor of the website.

 

3. Processing of Data

Personal data are processed to third party if

• According to Art. 6 para 1 sent. 1 lit a) GDPR the data subject explicitly gave his consent
• Processing is required according to Art. 6 para 1 sent. 1 lit f) GDPR for the enforcement, execution or defence of a legitimate claim. No reason for the assumption exists that the data subject has overriding interests or fundamental rights for not processing the data;
• For processing of the data a legal obligation exists according to Art 6 para 1 sent. 1 lit c) GDPR
• It is necessary according to Art 6 para 1 sent. 1 lit b) GDPR for the performance of a contract with the data subject

In other cases personal data will not be forwarded to third party.

4. Your rights as data subject

You are the “data subject” in sense of GDPR and you have the following rights, insofar as your personal data are processed based on the visit of our website:

 

4.1 Right of access

You have the right to obtain information as to whether or not personal data concerning you are being processed. No right of access exists, if granting of the requested information violates the obligation of confidentiality according to § 57 para 1 German Tax Consultancy Act or the information needs to be kept confidential for other reasons, in particular due to predominate legitimate interest of a third party. In deviation to this it is possible that there is a duty to provide the information, in particular if possible damages of your interest exceed the interest in maintaining the confidentiality. The right to obtain information is also excluded if the data are stored because they cannot be deleted due to legal or statutory retention periods or if they are used solely for data backup or privacy monitoring, or if the right to access causes a disproportionate burden and the processing for other purposes through suitable technical and organizational measures is excluded. If in your case the right to access is not excluded and your personal data are processed by us, you are entitled to request the following information from us:

• Purpose of processing the data
• Categories of personal data concerned
• The recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in case of recipients in third countries
• When possible the envisaged period for which your personal data will be stored or if not possible the criteria used to determine the period
• The existence of the right for rectification or erasure of personal data concerning the data subject or to object to processing
• The right to lodge a complaint with supervisory authority for data protection
• Where the personal data are not collected from data subject, any available information as to their source
• The existence of automated decision-making, including profiling, and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing
• Where personal data are transferred to third country and no resolution of the EU Commission for the adequate level of protection according to Art 45 para 3 GDPR is available, information about which appropriate guarantees according to Art 46 para 2 GDPR for the security of personal data are provided.

4.2 Rectification and Completion

In case you identify that we have inaccurate personal data, you have the right requesting the correction of the inaccurate data without undue delay. In case of incomplete personal data, you have the right of completion.

4.3 Erasure

You have the right of erasure („right to be forgotten“), if processing are not required for exercising of freedom of expression and information or for compliance with legal obligation which requires processing or for performance of a task carried out in the public interest and one of the following reasons applys:

• The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed
• The legal ground for processing the data was explicitly your consent, which you have withdrawn
• You have objected the processing of your personal data, which we made public
• You have objected the processing of personal data which have not been made public by us and there are no overriding legitimate grounds for processing
• Your personal data have been unlawfully processed
• The personal data have to be erased for compliance with legal obligation to which the controller is subject

No right to erasure exists when the erasure in case of lawful not automated processing due to special way of storage is not possible or only possible with disproportionate burden and your interest of the erasure is low.

4.4 Restriction of processing

You can obtain restriction of processing when one of the following applies:

• You contest the accuracy of the personal data. The restriction can only be obtained for the period we need to verify the accuracy of the personal data
• The processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead
• Your data are not needed any longer for the purpose of processing, but they are required by you for the establishment, exercise or defence of legal claims
• You have objected to processing pursuant to Art 21 para 1 GDPR. The restriction of processing can be claimed until the verification whether the legitimate grounds of us overrides those of you is pending

Restriction of processing means, that personal data shall only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest. Before we lift the restriction of processing we have the obligation to inform you.

4.5 Data portability

You have the right of data portability, if processing is based on consent (Art. 6 para 1 sent. 1 lit a) or Art 9 para 2 lit a) GDPR) or based on a contract which you are party of and the processing is carried out by automated means. The right of data portability contains the following rights, if the rights and freedom of others are not adversely affected. You can request the personal data you provided us, in a structured, commonly used and machine readable format. You have the right to transmit those data to another controller without hindrance from us. Where technically feasible you have the right to have the personal data transmitted by us directly to another controller.

4.6 Objection

If processing is based on Art 6 para 1 sent 1 lit e) GDPR (task carried out in public interest or in the exercise of official authority) or based on Art 6 para 1 sent. 1 lit f) GDPR (legitimate interest of controller or of a third party) you have the right to object on grounds relating to your particular situation at any time to processing of personal data concerning you. This is also valid for a profiling based on Art 6 para 1 sent. 1 lit e) GDPR. After the objection we no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing which override interests, rights and freedoms of you or for the establishment, exercise or defence of legal claims.

You have the right to object at any time regarding processing of personal data for direct marketing purposes. This includes profiling to the extent that it is related to such direct marketing. Once you objected to processing for direct marketing purposes the personal data shall no longer be processed for such purposes.

You have the possibility to informally object by phone, by e-mail, by fax or by mail to the address mentioned at the beginning of this privacy statement.

4.7 Withdrawal of Consent

You have the right to withdraw from a given consent at any time with effect to the future. The withdrawal can be done informally by phone, by e-mail, by fax or by mail to the address mentioned at the beginning of this privacy statement. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. After receipt of the withdrawal processing which was explicitly based on the consent will be stopped.

4.8 Complaint

If you are of the opinion processing of your personal data is unlawful you can submit a complaint with a supervisory authority for data protection, which is responsible for your place of residence or work place or for the place of the suspected offence.

5.Date and Update of this Privacy Statement

This privacy statement is dated 24.05.2018. We reserve the right to update the data privacy statement if necessary to improve privacy and/or amend it to institutional practice or jurisdiction.