Privacy Policy

We are very pleased about your interest in our company. Data protection is of particularly high importance to the management of FELD INSTITUT. It is generally possible to use the FELD INSTITUT websites without providing any personal data.

If a data subject wishes to use special services of our company via our website, processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the data subject’s consent.

The processing of personal data, such as the name, address, email address, or telephone number of a data subject, always takes place in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to FELD INSTITUT.

Through this Privacy Policy, our company aims to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed about their rights by means of this Privacy Policy.

As the controller, FELD INSTITUT has implemented numerous technical and organizational measures to ensure the most complete protection possible of personal data processed through this website. Nevertheless, internet-based data transmissions can inherently have security vulnerabilities, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, for example, by telephone.

1. Definitions

The FELD INSTITUT Privacy Policy is based on the terms used by the European legislator when enacting the General Data Protection Regulation (GDPR). Our Privacy Policy is intended to be easy to read and understand for both the public and our customers and business partners. To ensure this, we would like to explain the terms used in advance.

Among others, we use the following terms in this Privacy Policy:

1a) Personal data

Personal data means any information relating to an identified or identifiable natural person (hereinafter “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.

1b) Data subject

Data subject is any identified or identifiable natural person whose personal data is processed by the controller.

1c) 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.

1d) Restriction of processing

Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.

1e) 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.

1f) 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.

1g) Controller or data controller

Controller or data controller 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.

1h) Processor

Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

1i) 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 shall not be regarded as recipients.

1j) 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.

1k) Consent

Consent 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

The controller in the sense of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions with data protection character is:

FELD INSTITUT Cologne

Sole proprietorship Stephanie Hartung

Kamekestraße 12, D-50672 Cologne

Tel.: +49.221.510 902 36

Email: feld@feld-institut.de

Website: www.feld-institut.de

3. Collection of general data and information

The website of FELD INSTITUT collects a series of general data and information with each call of the website by a data subject or an automated system. This general data and information are stored in the server’s log files. Collected data may include (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of an 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 that serve to avert danger in the event of attacks on our information technology systems.

When using this general data and information, PABLIK WJUING Marken- und Organisationsentwicklung does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website and its advertising, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by PABLIK WJUING Marken- und Organisationsentwicklung statistically and with the aim of increasing data protection and data security in our company, ultimately to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

4. Routine deletion and blocking of personal data

The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject.

If the storage purpose no longer applies, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with legal provisions.

5. Rights of the data subject

5a) Right to confirmation

Every data subject has the right granted by the European legislator to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact our data protection officer or another employee of the controller.

5b) Right of access

Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain at any time from the controller free information about his or her stored personal data and a copy of this information. Furthermore, the European legislator has granted the data subject access to 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 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) of the 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 data subject has a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to exercise this right of access, he or she may, at any time, contact our data protection officer or another employee of the controller.

5c) Right to rectification

Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain without undue delay the rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right to have incomplete personal data completed, including by means of providing a supplementary statement, taking into account the purposes of the processing.

If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact our data protection officer or another employee of the controller.

5d) Right to erasure (right to be forgotten)

Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, provided that one of the following grounds applies and insofar as the processing is not necessary:

• 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) of the GDPR or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
• The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the 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) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by FELD INSTITUT, he or she may, at any time, contact our data protection officer or another employee of the controller. The data protection officer of FELD INSTITUT or another employee will arrange for the erasure request to be complied with immediately.

Where FELD INSTITUT has made the personal data public and is obliged pursuant to Article 17(1) of the GDPR to erase the personal data, FELD INSTITUT, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other 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, insofar as processing is not required. The data protection officer of FELD INSTITUT or another employee will arrange the necessary measures in individual cases.

5e) Right to restriction of processing

Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller restriction of processing where one of the following 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 instead the restriction of their use.

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) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by FELD INSTITUT, he or she may, at any time, contact our data protection officer or another employee of the controller. The data protection officer of FELD INSTITUT or another employee will arrange the restriction of processing.

5f) Right to data portability

Every data subject affected by the processing of personal data has the right granted by the European legislator 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. He or she also 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) of the GDPR or point (a) of Article 9(2) of the GDPR or on a contract pursuant to point (b) of Article 6(1) of the GDPR and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

To assert the right to data portability, the data subject may at any time contact the data protection officer appointed by FELD INSTITUT or another employee.

5g) Right to object

Every data subject affected by the processing of personal data has the right granted by the European legislator 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) of the GDPR. This also applies to profiling based on these provisions.

In the event of an objection, FELD INSTITUT will no longer process the personal data unless we 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 FELD INSTITUT processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to FELD INSTITUT to the processing for direct marketing purposes, FELD INSTITUT will no longer process the personal data for these purposes.

Furthermore, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her carried out by FELD INSTITUT for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, 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 may directly contact the data protection officer of FELD INSTITUT or another employee. The data subject is also free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise his or her right to object by automated means using technical specifications.

5h) Automated individual decision-making, including profiling

Every data subject affected by the processing of personal data has the right granted by the European legislator 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, provided that the decision (1) is not necessary for entering into, or performance of, a contract between the data subject and a data controller, or (2) 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) is based on the data subject’s explicit consent.

If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) it is based on the data subject’s explicit consent, PABLIK WJUING Marken- und Organisationsentwicklung 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.

If the data subject wishes to exercise rights concerning automated decisions, he or she may, at any time, contact our data protection officer or another employee of the controller.

5i) Right to withdraw data protection consent

Every data subject affected by the processing of personal data has the right granted by the European legislator to withdraw his or her consent to the processing of personal data at any time.

If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact our data protection officer or another employee of the controller.

6. Legal basis for processing

Article 6(1) lit. a of the GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the delivery of goods or the provision of any other service or consideration, the processing is based on Article 6(1) lit. b of the GDPR.

The same applies to such processing operations that are necessary for carrying out pre-contractual measures, for example in cases of inquiries concerning our products or services. If our company is subject to a legal obligation by which the processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Article 6(1) lit. c of the GDPR.

In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his or her name, age, health insurance data, or other vital information had to be passed on to a doctor, hospital, or other third party. Then the processing would be based on Article 6(1) lit. d of the GDPR.

Finally, processing operations could be based on Article 6(1) lit. f of the GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Such processing operations are particularly permissible for us because they have been specifically mentioned by the European legislator. He was of the opinion that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

7. Legitimate interests in the processing pursued by the controller or a third party

If the processing of personal data is based on Article 6(1) lit. f of the GDPR, our legitimate interest is to carry out our business activities for the well-being of all our employees and shareholders.

8. Period for which the personal data will be stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After the expiration of that period, the corresponding data are routinely deleted, provided they are no longer necessary for contract fulfillment or contract initiation.

9. Statutory or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision

We inform you that the provision of personal data is partly required by law (e.g., tax regulations) or may also result from contractual provisions (e.g., information on the contractual partner).

Sometimes it may be necessary for the conclusion of a contract that a data subject provides us with personal data, which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data when our company concludes a contract with him or her. Non-provision of the personal data would mean that the contract with the data subject could not be concluded.

Before providing personal data, the data subject must contact our data protection officer.

Our data protection officer will clarify to the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what consequences the non-provision of the personal data would have.

10. Existence of automated decision-making

As a responsible company, we refrain from automatic decision-making or profiling.

Our data protection provisions were created with the support of the Cologne media law firm Wilde Beuger Solmecke.