Name and Contact Information of the Controller pursuant to Article 4 (7) DSGVO
IAVC, Dr. Donald Moffatt
Dorfstr. 17, 27419 Freetz, Germany
Security and protection of your Personal Data
We consider it our primary task to protect the confidentiality of the Personal Data you provide and to protect it from unauthorized access. We therefore apply the utmost care and state-of-the-art security standards to ensure maximum protection of your Personal Data.
As a company under private law, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the provisions of the Federal Data Protection Act (BDSG). We have taken technical and organizational measures to ensure that the data protection regulations are observed both by us and by our external service providers.
1. 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 assignment to an identifier such as a name, an identification number, location data, an online identifier or to one or more special characteristics which express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
"Processing" means any operation carried out, with or without the aid of automated procedures, or any such series of operations relating to Personal Data, such as the collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, comparison or alignment, restriction, erasure or destruction.
3. Restriction on Processing
"Restriction on processing" means the marking of stored Personal Data with the aim of restricting their processing in the future.
"Profiling" means any automated processing of Personal Data consisting in the use of such Personal Data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
"Pseudonymization" means the processing of Personal Data in such a way that the Personal Data can no longer be attributed to a specific Data Subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures to ensure that the Personal Data are not attributed to an identified or identifiable natural person.
6. Filing System
"Filing System" means any structured set of Personal Data which are accessible according to specific criteria, whether centralized, decentralized or dispersed on a functional or geographical basis.
"Controller" means a natural or legal person, authority, body, 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 specified by European Union law or the law of the Member States, the Controller or the specific criteria for its nomination may be provided for by European Union or Member State law.
"Processor" means a natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller.
"Recipient" means a natural or legal person, authority, institution or other body to which Personal Data is 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 European Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
10. Third Party
"Third Party" means a natural or legal person, authority, institution or body other than the Data Subject, Controller, Processor and persons who, under the direct authority of the Controller or Processor, are authorized to process Personal Data.
"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.
Lawfulness of Processing
Processing of Personal Data shall be lawful only if and to the extent that there is a legal basis for the processing. Pursuant to Article 6(1) lit. a - f GDPR, the legal basis for processing may be in particular:
(a) The Data Subject has given Consent to the processing of his or her Personal Data for one or more specific purposes;
(b) processing is necessary for the performance of a contract to which the Data Subject is a party or in order to take steps at the request of the Data Subject prior to entering into a contract;
(c) processing is necessary for compliance with a legal obligation to which the Controller is subject;
(d) processing is necessary in order to protect the vital interests of the Data Subject or of another natural person;
(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller;
(f) processing is necessary for the purposes of the legitimate interests pursued by the Controller or 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, in particular where the Data Subject is a child.
Information about the collection of Personal Data
(1) In the following we inform you about the collection of Personal Data when you use our website. Examples of Personal Data include your name, address, email addresses, and user behavior.
(2) If you contact us by email or via a contact form, the data you provide (your email address, if applicable your name and your telephone number) will be stored by us in order to answer your questions. We delete the data arising in this context after storage is no longer necessary, or processing is restricted if statutory retention obligations exist.
Collection of Personal Data when you visit our website
When using the website for information purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the Personal Data that your browser transmits to our server. If you wish to view our website, we collect the following data, which are technically necessary for us to display our website to you and to guarantee stability and security (legal basis is Art. 6 Para. 1 S. 1 lit. f GDPR):
- IP address
- Date and time of the request
- Time zone difference to Greenwich Mean Time (GMT)
- Content of the request (specific page)
- Access status/HTTP status code
- The amount of data transferred in each case
- Website from which the request comes
- Operating system and its interface
- Language and version of the browser software.
(1) In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard disk in the browser you use and through which certain information flows to the place that sets the cookie. Cookies cannot run programs or transmit viruses to your computer. They make the Internet offer more user-friendly and effective overall.
(2) This website uses the following types of cookies, the scope and functioning of which are explained below:
- Transient cookies (see a.)
- Persistent cookies (see b.).
(a) Transient cookies are automatically deleted when you close your browser. This includes in particular the session cookies. These store a so-called session ID, with which different requests of your browser can be assigned to the common session. This will allow your computer to be recognized when you return to our website. Session cookies are deleted when you log out or close your browser.
(b) Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. You can delete cookies at any time in the security settings of your browser.
(c) You can configure your browser settings according to your wishes and refuse to accept Third Party cookies or all cookies. "Third Party Cookies" are cookies that have been set by a Third Party and therefore not by the actual website you are currently visiting. Please note that you may not be able to use all functions of this website if you deactivate cookies.
Other functions and offers of our website
(1) In addition to the purely informational use of our website, we offer various services which you can use if you are interested. As a rule, you must provide additional Personal Data, which we use to provide the respective service and to which the foregoing data processing principles apply.
(2) In some cases, we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are regularly checked.
(3) Furthermore, we may pass on your Personal Data to third parties if we offer participation in promotions, competitions, conclusion of contracts or similar services together with partners. For more information, please provide your Personal Data or see the description of the offer below.
(4) If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you of the consequences of this circumstance in the description of the offer.
Our offer is basically aimed at adults. Persons under the age of 18 should not transmit any Personal Data to us without the Consent of their parents or legal guardians.
Rights of the Data Subject
(1) Revocation of Consent
If the processing of Personal Data is based on a given Consent, you have the right to revoke the Consent at any time. The revocation of Consent does not affect the legality of the processing carried out on the basis of the Consent until revocation.
You can contact us at any time to exercise your right of withdrawal.
(2) Right to confirmation
You have the right to request confirmation from the person responsible as to whether we are processing Personal Data relating to you. You can request confirmation at any time using the above contact details.
(3) Right of access
If Personal Data is processed, you can request access to this Personal Data and to the following information at any time:
(a) the purposes of the processing;
(b) the categories of Personal Data concerned;
(c) the recipients or categories of recipient to whom the Personal Data have been or will be disclosed, in particular recipients in third countries or international organizations;
(d) where possible, the envisaged period for which the Personal Data will be stored, or, if not possible, the criteria used to determine that period;
(e) the existence of the right to have your Personal Data concerning you rectified or erased or to have the data Controller restrict or object to such processing;
(f) the existence of the right to lodge a complaint with a supervisory authority;
(g) where the Personal Data are not collected from the Data Subject, all available information as to their source;
(h) the existence of automated decision-making, including profiling in accordance with 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.
If Personal Data are transferred to a third country or an international organization, you have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer. We provide a copy of the Personal Data undergoing processing. We may charge a reasonable fee based on administrative costs for any additional copies you request. If you make the request by electronic means, the information shall be provided in a commonly used electronic format, unless otherwise stated. The right to obtain a copy in accordance with paragraph 3 must not adversely affect the rights and freedoms of others.
(4) Right to rectification
You have the right to request us to rectify any inaccurate Personal Data concerning you without delay. Taking into account the purposes of the processing, you have the right to have incomplete Personal Data completed, including by means of providing a supplementary statement.
(5) Right to erasure ("Right to be forgotten")
You have the right to request the data Controller to erase Personal Data relating to you immediately and we are obliged to erase Personal Data immediately if one of the following reasons applies:
a. The Personal Data are no longer necessary for the purposes for which they were collected or otherwise processed.
b. The Data Subject withdraws Consent on which processing was based in accordance with Article 6(1)(a) or Article 9(2)(a) GDPR and there is no other legal ground for the processing.
c. The Data Subject objects to processing under Article 21(1) GDPR and there are no overriding legitimate grounds for processing or the Data Subject opposes processing under Article 21(2) GDPR.
d. The Personal Data have been unlawfully processed.
e. The Personal Data have to be erased for compliance with a legal obligation in European Union or Member State law to which the Controller is subject.
f. The Personal Data have been collected in relation to the offer of information society services provided in accordance with Article 8(1) GDPR.
Where the Controller has made the Personal Data public and is obliged pursuant to paragraph 1 to erase the Personal Data, the Controller, taking into account the 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.
The right to erasure ("right to be forgotten") does not exist if the processing is necessary:
- for exercising the right of freedom of expression and information;
- for compliance with a legal obligation which requires processing by Union or Member State law to which the Controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller;
- for reasons of public interest in the field of public health in accordance with Article 9(2)(h) and (i) and Article 9(3) GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes as referred to in Article 89(1) GDPR, insofar as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
- for the establishment, exercise or defense of legal claims.
(6) Right to restriction of processing
You have the right to request us to restrict the processing of your Personal Data if one of the following conditions is met:
a. the accuracy of the Personal Data is contested by the Data Subject for a period enabling the data Controller to verify the accuracy of the Personal Data,
b. the processing is unlawful and the Data Subject opposes the erasure of the Personal Data and requests the restriction of their use instead;
c. 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 defense of legal claims, or
d. the Data Subject has objected to the processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the Controller override those of the Data Subject.
Where processing has been restricted in accordance with the conditions set out above, such Personal Data shall, with exception of storage, only be processed with the Data Subject's Consent or for the establishment, 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.
In order to exercise the right to restrict processing, the Data Subject may contact us at any time using the contact details provided above.
(7) Right to Data Portability
You have the right to receive the Personal Data concerning you that you have provided to us in a structured, commonly-used and machine-readable format, and you have the right to transmit those data to another Controller without hindrance from the Controller to which the Personal Data have been provided, where:
a. the processing is based on Consent pursuant to Article 6(1)(a) or Article 9(2)(a) or on a contract pursuant to Article 6(1)(b) GDPR; and
b. the processing is carried out by automated means.
When exercising the right to data portability under paragraph 1, you have the right to have the Personal Data transferred directly from one data Controller to another data Controller, where technically feasible. The exercise of the right to data portability does not affect the right to erasure ("right to be forgotten"). This right will 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.
(8) Right to object
You have the right to object at any time to the processing of Personal Data concerning you under Article 6(1)(e) or (f) GDPR for reasons relating to your particular situation, including profiling based on these provisions. The data Controller shall no longer process the Personal Data unless the Controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the Data Subject or for the establishment, exercise or defense of legal claims.
Where Personal Data are processed for direct marketing purposes, you have the right to object at any time to the processing of Personal Data concerning you for the purpose of such marketing, which includes profiling to the extent that it is related to such direct marketing. If you object to processing for direct marketing purposes, the Personal Data shall no longer be processed for such purposes
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
Where Personal Data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), you, on grounds relating to your particular situation, shall have the right to object to processing of Personal Data concerning you, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
You can exercise your right to object at any time by contacting the Controller.
(9) Automated individual decision-making, 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:
a. is necessary for entering into, or performance of, a contract between the Data Subject and a data Controller;
b. is authorized by European 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
c. is based on the Data Subject's explicit Consent.
The Controller shall implement 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.
The Data Subject may exercise this right at any time by contacting the Controller.
(10) Right to lodge a complaint with 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 this Regulation
(11) Right to an effective judicial remedy
Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR, you have the right to an effective judicial remedy where you consider that your rights under this Regulation have been infringed as a result of the processing of your Personal Data in non-compliance with this Regulation.