Privacy policy

Preamble

Thank you for visiting our website. The protection and security of your data are very important to us. Our processes are therefore designed to collect and process as little personal data as possible. The following data protection declaration explains what information we collect during your visit to our website and which parts of this information may be used in what way. This declaration applies to the websites accessible under the domain www.kirseadvisory.com.

1. Name and Address of the Controller

The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:

Kirse Advisory GmbH
Bachstr. 133
40217 Düsseldorf Germany

Represented by the Managing Director: Sven Kirse

Contact
T: +49 (211) 15844698
E: privacy@kirseadvisory.com

Commercial Register / Registration Number
Düsseldorf Local Court HRB 107939

VAT ID number
DE452352572

2. Data Protection Officer

In our company, no more than nineteen employees regularly come into contact with or process personal data. We also do not process any personal data that provides information about a person's race, ethnic origin, political opinions, religious beliefs, trade union membership, health, or sexual life. We also do not commercially transmit, collect, process, or use personal data. Therefore, there is no legal obligation for our company to appoint a data protection officer. Consequently, we have not appointed a data protection officer. If you have any questions about data protection, please contact the responsible body mentioned above directly.

3. General Information on Data Processing

3.1. Scope of the Processing of Personal Data
We collect and use the personal data of our users only to the extent necessary to provide a functional website as well as our content and services. The collection and use of our users' personal data is generally carried out only with the user's consent. An exception applies in those cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by statutory provisions.

3.2. Legal Basis for the Processing of Personal Data
Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a of the EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.   

For the processing of personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary for the implementation of pre-contractual measures.

Insofar as the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.

In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.

If processing is necessary to protect the legitimate interests of our company or a third party and the interests, fundamental rights and fundamental freedoms of the data subject do not outweigh the former interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for processing.

3.3. Data Erasure and Storage Duration
The personal data of the data subject will be deleted or blocked as soon as the purpose of the storage no longer applies. Storage may also take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller 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 fulfillment of a contract.

4. Provision of the Website and Creation of Log Files

4.1. Description and Scope of Data Processing
Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing 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 user's IP address
• Date and time of access
• Websites from which the user's system accessed our website
• Websites that are accessed by the user's system via our website   

The log files contain IP addresses or other data that enable an assignment to a user. This could be the case, for example, if the link to the website from which the user accesses the website or the link to the website to which the user switches contains personal data. The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.

4.2. Legal Basis for Data Processing
The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GDPR.

4.3. Purpose of Data Processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session. The storage in log files is carried out to ensure the functionality of the website. In addition, the data helps us to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context. These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f GDPR.

4.4. Duration of Storage
The data will be deleted as soon as it is no longer required to achieve 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 is ended. In the case of the storage of data in log files, this is the case after a maximum of seven days. Further storage is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.

4.5. Possibility of Objection and Removal
The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

5. Use of Cookies

5.1. Description and Scope of Data Processing
Our website uses cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user's computer system. When a user accesses a website, a cookie can be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the unique identification of the browser when the website is accessed again.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change. This applies in particular to the function of course processing.

We also use cookies on our website that enable an analysis of users' browsing behavior.

In this way, the frequency of page views can be determined. The user data collected in this way is pseudonymized by technical precautions. Therefore, an assignment of the data to the calling user is no longer possible. The data is not stored together with other personal data of the users. When accessing our website, users are informed about the use of cookies for analysis purposes by an info banner and are referred to this privacy policy. In this context, there is also a note on how the storage of cookies can be prevented in the browser settings. When accessing our website, the user is informed about the use of cookies for analysis purposes and their consent to the processing of personal data used in this context is obtained. In this context, there is also a reference to this privacy policy.

5.2. Legal Basis for Data Processing
The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f GDPR. The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 lit. f GDPR. The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 para. 1 lit. a GDPR if the user has given their consent.

5.3. Purpose of Data Processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page change. We require cookies for the adoption of language settings. The user data collected by technically necessary cookies is not used to create user profiles.

The use of analysis cookies is for the purpose of improving the quality of our website and its content. Through the analysis cookies, we learn how the website is used and can thus continuously optimize our offer.

These purposes also constitute our legitimate interest in the processing of personal data in accordance with Art. 6 para. 1 lit. f GDPR.

5.4. Duration of Storage, Possibility of Objection and Removal
Cookies are stored on the user's computer and transmitted by it to our site. Therefore, as a user, you also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to fully use all functions of the website.

6. Contact Form and Email Contact

6.1. Description and Scope of Data Processing
There is a contact form on our website that can be used for electronic contact. If a user takes advantage of this option, the data entered in the input mask will be transmitted to us and stored. This data includes: 

• Your first and last name
• Street, postal code and city (optional information)
• Your telephone number (optional information)
• Your email address
• Your message

At the time the message is sent, the following data is also stored:

• The user's IP address
• Date and time

For the processing of the data, your consent is obtained during the sending process and reference is made to this privacy policy.

Alternatively, you can contact us via the email address provided. In this case, the personal data of the user transmitted with the email will be stored.

In this context, no data is passed on to third parties. The data is used exclusively for processing the conversation.

6.2. Legal Basis for Data Processing
The legal basis for the processing of data is Art. 6 para. 1 lit. a GDPR if the user has given their consent. The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 para. 1 lit. f GDPR. If the email contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.

6.3. Purpose of Data Processing
The processing of personal data from the input mask serves us solely to process the contact. In the case of contact by email, this also constitutes the necessary legitimate interest in the processing of the data.

The other personal data processed during the sending process serves to prevent misuse of the contact form and to ensure the security of our information technology systems.

6.4. Duration of Storage
The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by email, this is the case when the respective conversation with the user has ended. The conversation ends when it can be inferred from the circumstances that the matter in question has been conclusively clarified. The additional personal data collected during the sending process will be deleted at the latest after a period of seven days.

6.5. Possibility of Objection and Removal
The user has the possibility to revoke their consent to the processing of personal data at any time. If the user contacts us by email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued. The revocation can be made at any time by email or by post to the responsible body (see above). All personal data stored in the course of the contact will be deleted in this case.

7. Newsletter / Information Service

7.1. Description and Scope of Data Processing
On our website, there is the possibility to subscribe to a free information service. When registering for the newsletter, the data from the input mask is transmitted to us. The transmission of the email address is required to send you the newsletter in the future.

In addition, the following data is collected during registration:

• IP address of the calling computer
• Date and time of registration

For the processing of the data, your consent is obtained during the registration process and reference is made to this privacy policy. To ensure that the newsletter is actually activated, you will receive an email in which you have to click on an activation link (double opt-in). Data will not be passed on to third parties. The data is used exclusively for sending the newsletter.

7.2. Legal Basis for Data Processing
The legal basis for the processing of data after registration for the newsletter by the user is Art. 6 para. 1 lit. a GDPR if the user has given their consent.

7.3. Purpose of Data Processing
The collection of the user's email address serves to deliver the newsletter. The collection of other personal data as part of the registration process serves to prevent misuse of the services or the email address used.

7.4. Duration of Storage

The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. The user's email address will therefore be stored as long as the newsletter subscription is active. The other personal data collected as part of the registration process will generally be deleted after a period of seven days.

7.5. Possibility of Objection and Removal
The subscription to the newsletter can be terminated by the data subject at any time. For this purpose, there is a corresponding link in every newsletter. This also enables the revocation of the consent to the storage of the personal data collected during the registration process.

8. Rights of the Data Subject

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

8.1. Right of Access
You can request confirmation from the controller as to whether personal data concerning you is processed by us. If such processing takes 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 have been or will be disclosed;
(4) the planned duration for which the personal data concerning you will be stored or, if specific information on this is not possible, criteria for determining the storage period;
(5) the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller or a right to object to this processing;
(6) the existence of a right to lodge a complaint with 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, pursuant to Art. 22 para. 1 and 4 GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

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

8.2. Right to Rectification
You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you is incorrect or incomplete. The controller must carry out the rectification without delay.

8.3. Right to Restriction of Processing
Under the following conditions, you can request the restriction of the processing of personal data concerning you:

(1) if you dispute the accuracy of the personal data concerning you for a period that enables the controller to verify the accuracy of the personal data; 
(2) the processing is unlawful and you refuse the erasure of the personal data and instead request the restriction of their use;
(3) the controller no longer needs the personal data for the purposes of the processing, but you need them for the assertion, exercise or defense of legal claims; or
(4) if you have objected to the processing pursuant to Art. 21 para. 1 GDPR and it is not yet clear whether the legitimate grounds of the controller override your grounds.

If the processing of personal data concerning you has been restricted, this data may – apart from its storage – only be processed with your consent or for the assertion, 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 Union or a Member State.

If the restriction of processing has been restricted under the aforementioned conditions, you will be informed by the controller before the restriction is lifted.

8.4. Right to Erasure
(a) Obligation to Erase

You can request the controller to erase the personal data concerning you without delay, and the controller is obliged to erase this data without delay if one of the following reasons applies:

(1) The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed.
(2) You withdraw your consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR, and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 para. 2 GDPR.
(4) The personal data concerning you has been processed unlawfully.
(5) The erasure of the personal data concerning you is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.
(6) The personal data concerning you has been collected in relation to services offered by the information society pursuant to Art. 8 para. 1 GDPR.

(b) Information to Third Parties
If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Art. 17 para. 1 GDPR, it shall take reasonable steps, including technical measures, having regard to the available technology and the cost of implementation, to inform controllers who are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

(c) Exceptions
The right to erasure does not exist insofar as the processing is necessary:

(1) for the exercise of the right to freedom of expression and information;
(2) 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;
(3) for reasons of public interest in the area of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89 para. 1 GDPR insofar as the right referred to in 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.

8.5. Right to Notification
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to communicate this rectification or erasure of the data or restriction of processing to all recipients to whom the personal data concerning you have been disclosed, unless this proves impossible or involves a disproportionate effort. 

You have the right vis-à-vis the controller to be informed about these recipients.

8.6. Right to Data Portability
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 whom the personal data has been provided, provided that (1) the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. 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 controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to data portability does 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.

8.7. Right to Object
You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you which is based on Art. 6 para. 1 lit. e or f GDPR, including profiling based on those provisions.

The controller shall no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing serves the assertion, exercise or defense of legal claims.

If the personal data concerning you is 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 advertising; this also applies to profiling insofar as it is related to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you can exercise your right to object by automated means using technical specifications.

8.8. Right to Withdraw Consent under Data Protection Law
You have the right to withdraw your 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.

8.9. 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

(1) is necessary for entering into, 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 based on your explicit consent.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.

In the cases referred to in (1) and (3), the controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, which shall include at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.

8.10. 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, your place of work or the place of the alleged infringement, if you consider that the processing of personal data relating to you infringes the GDPR.

The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.