Legal notice
&
privacy policy

Privacy Policy
We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the Kohlrabi Studio / Ulf Spethmann. The use of the Internet pages of the Kohlrabi Studio / Ulf Spethmann is possible without any indication of personal data. However, if a person concerned wishes to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Kohlrabi Studio / Ulf Spethmann. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this privacy policy.

 

As the controller, the Kohlrabi Studio / Ulf Spethmann has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions may in principle have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

1. Definitions
The privacy policy of Kohlrabi Studio / Ulf Spethmann is based on the terms used by the European legislator in the enactment of the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easily readable and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to explain the terms used in advance.

In this privacy policy, we use, among other things, the following terms:

a)    Personal Data
Personal data refers to any information relating to an identified or identifiable natural person (hereinafter referred to as the "data subject"). An identifiable 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 one or more specific factors expressing the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

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

c)    Processing
Processing is any operation or set of operations performed on personal data, with or without the use of automated processes, such as collecting, recording, organizing, structuring, storing, adapting or altering, retrieving, consulting, using, disclosing through transmission, dissemination, or any other form of provision, alignment or combination, restriction, erasure, or destruction.

d)    Restriction of Processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.

e)    Profiling
Profiling is any form of automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, particularly to analyze or predict aspects concerning job performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements of that natural person.

f)    Pseudonymization
Pseudonymization is the processing of personal data in a way that the personal data can no longer be attributed to a specific data subject without additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

g)    Controller
Controller is the natural or legal person, authority, agency, or other body that, alone or jointly with others, determines the purposes and means of the processing of personal data. If the purposes and means of this processing are determined by Union law or the law of the Member States, the controller or specific criteria for its nomination may be provided for by Union law or the law of the Member States.

h)    Processor
Processor is a natural or legal person, authority, agency, or other body that processes personal data on behalf of the controller.

i)      Recipient
Recipient is a natural or legal person, authority, agency, or other body to whom personal data is disclosed, whether or not it is a third party. However, authorities that may receive personal data in the framework of a particular inquiry under Union law or the law of the Member States shall not be considered recipients.

j)      Third Party
Third party is a natural or legal person, authority, agency, or other body other than the data subject, the controller, the processor, and the persons who, under the direct authority of the controller or the processor, are authorized to process personal data.

k)    Consent
Consent is 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 concerning him or her.

2. Name and Address of the Controller
The controller, as defined in the General Data Protection Regulation (GDPR) and other data protection laws applicable in the European Union member states and other provisions with data protection character, is:

Kohlrabi Studio / Ulf Spethmann

Schanzenstraße 12a

20357 Hamburg

Deutschland

Tel.: 01777363060

E-Mail: email@kohlrabi-studio.com

Website: https://training-plan.app/

3. Collection of General Data and Information
When the website of Kohlrabi Studio / Ulf Spethmann is accessed by a data subject or an automated system, a series of general data and information is collected with each visit. These general data and information are stored in the server's log files. The following data can be collected: (1) types and versions of browsers 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 subpages accessed by an accessing system on our website, (5) the date and time of 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 risks in the event of attacks on our information technology systems.

The Kohlrabi Studio / Ulf Spethmann does not draw conclusions about the data subject when using this general data and information. Instead, 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 permanent functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. This anonymously collected data and information are evaluated statistically by Kohlrabi Studio / Ulf Spethmann on the one hand and, on the other hand, with the aim of increasing data protection and data security in our company, ultimately to ensure an optimum level of protection for the personal data we process. The anonymous data from the server log files are stored separately from all personal data provided by a data subject.

4. Routine Erasure and Blocking of Personal Data
The controller processes and stores personal data of the data subject only for the period necessary to achieve the storage purpose or as stipulated by the European legislator or another competent legislator in laws or regulations to which the controller is subject.

Once the storage purpose is achieved or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or deleted in accordance with legal requirements.

5. Rights of the Data Subject
a)    Right to Confirmation
Every data subject has the right granted by the European legislator to request confirmation from the controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right of confirmation, they can contact an employee of the controller at any time.

b)    Right to Information
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain information from the controller at any time free of charge about the personal data stored about them and a copy of this information. Furthermore, the European legislator has granted the data subject the right to information about the following:

- The purposes of the processing
- The categories of personal data that are processed
- The recipients or categories of recipients to whom the personal data has been or will be disclosed, particularly in the case of recipients in third countries or international organizations
- If possible, the planned duration for which the personal data will be stored, or, if this is not possible, the criteria for determining this duration
- The existence of the right to correction or deletion of personal data concerning them or to restriction of processing by the controller, or the right to object to such processing
- The existence of a right to lodge a complaint with a supervisory authority
- If the personal data is not collected from the data subject: All available information about the origin of the data
- The existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the GDPR and, at least in these 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 the right to know whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the suitable guarantees in connection with the transfer.

If a data subject wishes to exercise this right to information, they can contact an employee of the controller at any time.

c)    Right to Correction
Every data subject affected by the processing of personal data has the right granted by the European legislator to demand the immediate correction of inaccurate personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary declaration.

If a data subject wishes to exercise this right of correction, they can contact an employee of the controller at any time.

d)    Right to Deletion (Right to be Forgotten)
Every data subject affected by the processing of personal data has the right granted by the European legislator to demand from the controller the immediate deletion of personal data concerning them, provided one of the following reasons applies and the processing is not necessary:

The personal data has been collected or otherwise processed for purposes for which they are no longer necessary.
The data subject withdraws their consent, on which the processing according to Art. 6(1)(a) or Art. 9(2)(a) of the GDPR was based, and there is no other legal basis for the processing.
The data subject objects to the processing pursuant to Art. 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 Art. 21(2) of the GDPR.
The personal data has been unlawfully processed.
Deletion of the personal data is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.
The personal data has been collected in relation to the offer of information society services according to Art. 8(1) of the GDPR.
If one of the above-mentioned reasons applies, and a data subject wishes to request the deletion of personal data stored by Kohlrabi Studio / Ulf Spethmann, they can contact an employee of the controller at any time. The employee of Kohlrabi Studio / Ulf Spethmann will arrange for the deletion request to be complied with immediately.

If the personal data has been made public by Kohlrabi Studio / Ulf Spethmann and our company, as the controller according to Art. 17(1) of the GDPR, is obligated to delete the personal data, Kohlrabi Studio / Ulf Spethmann will take reasonable measures, including technical measures, taking into account the available technology and implementation costs, to inform other data controllers processing the published personal data that the data subject has requested the deletion of all links to this personal data or copies or replications of this personal data, as far as processing is not necessary. The employee of Kohlrabi Studio / Ulf Spethmann will arrange for the necessary steps on a case-by-case basis.

e)    Right to Restriction of Processing
Every data subject affected by the processing of personal data has the right granted by the European legislator to request from the controller the restriction of processing if one of the following conditions is met:

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, the data subject opposes the erasure of the personal data and requests instead the restriction of its use.
The controller no longer needs the personal data for the purposes of the processing, but the data subject requires it for the establishment, exercise, or defense of legal claims.
The data subject has objected to processing pursuant to Art. 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 above-mentioned conditions is met, and a data subject wishes to request the restriction of personal data stored by Kohlrabi Studio / Ulf Spethmann, they can contact an employee of the controller at any time. The employee of Kohlrabi Studio / Ulf Spethmann will arrange for the restriction of processing.

f)    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 them, which was provided by the data subject to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit those data to another controller without hindrance from the controller to which the personal data was provided, where the processing is based on consent pursuant to Art. 6(1)(a) or Art. 9(2)(a) of the GDPR or on a contract pursuant to Art. 6(1)(b) of the GDPR, and the processing is carried out by automated means, unless the 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.

Furthermore, the data subject, when exercising their right to data portability pursuant to Art. 20(1) of the GDPR, has the right to have personal data transmitted directly from one controller to another, where technically feasible and where this does not adversely affect the rights and freedoms of others.

To assert the right to data portability, the data subject can contact an employee of Kohlrabi Studio / Ulf Spethmann at any time.

g)    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 their particular situation, at any time, to the processing of personal data concerning them, which is based on Art. 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.

Kohlrabi Studio / Ulf Spethmann will no longer process the personal data in the event of the objection unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or the processing serves to assert, exercise, or defend legal claims.

If Kohlrabi Studio / Ulf Spethmann processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling, insofar as it is related to such direct marketing. If the data subject objects to Kohlrabi Studio / Ulf Spethmann processing for direct marketing purposes, Kohlrabi Studio / Ulf Spethmann will no longer process the personal data for these purposes.

In addition, the data subject has the right, for reasons arising from their particular situation, to object to the processing of personal data concerning them at Kohlrabi Studio / Ulf Spethmann for scientific or historical research purposes or for statistical purposes pursuant to Art. 89(1) of the GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

To exercise the right to object, the data subject can contact any employee of Kohlrabi Studio / Ulf Spethmann or another employee directly. The data subject is also free to exercise their right to object in connection with the use of information society services, notwithstanding Directive 2002/58/EC, using automated procedures where technical specifications are used.

h)    Automated Individual Decision-Making, Including Profiling
Every data subject affected by the processing of personal data has the right, as granted by the European legislator, not to be subject to a decision based solely on automated processing — including profiling — which produces legal effects concerning them or similarly significantly affects them, provided that the decision (1) is not necessary for entering into or the performance of a contract between the data subject and the controller, or (2) is not authorized 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 not based on the data subject's explicit consent.

If the decision (1) is necessary for entering into or the performance of a contract between the data subject and the controller or (2) is based on the data subject's explicit consent, Kohlrabi Studio / Ulf Spethmann 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 their point of view, and to contest the decision.

If the data subject wishes to exercise rights related to automated decision-making, they can contact an employee of the data controller at any time.

i)      Right to Withdraw Consent
Every data subject affected by the processing of personal data has the right granted by the European legislator to withdraw consent to the processing of personal data at any time.

If the data subject wants to exercise their right to withdraw consent, they can contact an employee of the data controller at any time.

6. Legal Basis for Processing
Art. 6 I lit. a DS-GVO 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 a party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations that are necessary for carrying out pre-contractual measures, for example in the case of inquiries about our products or services. If our company is subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data, or other vital information would have to be passed on to a doctor, hospital, or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO. Finally, processing operations could be based on Art. 6 I lit. f DS-GVO. This legal basis is used for processing operations that are not covered by any of the abovementioned legal grounds if 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 because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the data controller (Recital 47 Sentence 2 DS-GVO).

7. Legitimate Interests Pursued by the Controller or a Third Party
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is the performance of our business activities for the well-being of all our employees and shareholders.

8. Duration for Which the Personal Data Will Be Stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

9. Legal 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 clarify that the provision of personal data is partly required by law (e.g., tax regulations) or can also result from contractual provisions (e.g., information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with them. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact one of our employees. Our employee clarifies to the data subject whether the provision of the 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 the consequences of non-provision of the personal data.

10. Existence of Automated Decision-Making
As a responsible company, we do not use automatic decision-making or profiling.

This data protection declaration was created by the data protection declaration generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the data protection officer, in cooperation with the data protection lawyers of the law firm WILDE BEUGER SOLMECKE | Rechtsanwälte.