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 Hess Translations. The
use of the Internet pages of the Hess Translations is possible without any
indication of personal data; however, if a data subject wants to use special
enterprise services via our website, processing of personal data could become
necessary. If the processing of personal data is necessary and there is no
statutory basis for such processing, we generally obtain consent from 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 Hess Translations. 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, by means of this data
protection declaration, of the rights to which they are entitled.

As the
controller, the Hess Translations has implemented numerous technical and
organizational measures to ensure the most complete protection of personal data
processed through this website. However, Internet-based data transmissions may
in principle have security gaps, so absolute protection may not be guaranteed.
For this reason, every data subject is free to transfer personal data to us via
alternative means, e.g. by telephone.

1. Definitions

The data
protection declaration of the Hess Translations is based on the terms used by
the European legislator for the adoption of the General Data Protection
Regulation (GDPR). Our data protection declaration should be legible and
understandable for the general public, as well as our customers and business
partners. To ensure this, we would like to first explain the terminology used.

In this data
protection declaration, we use, inter alia, the following terms:

·       
a)   
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 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.

·       
b) Data
subject

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

·       
c)   
Processing

Processing is
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.

·       
d)   
Restriction of processing

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

·       
e)   
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.

·       
f)    
Pseudonymisation

Pseudonymisation
is 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.

·       
g)    Controller or controller responsible for the
processing

Controller or
controller responsible for the processing is 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.

·       
h)   
Processor

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

·       
i)     
Recipient

Recipient is 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; 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.

·       
j)     
Third party

Third party is 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.

·       
k)   
Consent

Consent of the
data subject 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
relating to him or her.

2. Name and Address of the controller

Controller for
the purposes of the General Data Protection Regulation (GDPR), other data
protection laws applicable in Member states of the European Union and other
provisions related to data protection is:

Isabel Hess

Am Heidchen 31

56316 Raubach

GERMANY

Phone: +49 176 2016 7836

Email:
isabel.hess@gmx.de

Website:
www.hess-translations.de

3. Collection of general data and information

The website of Hess Translations collects a series of general data and information when a
data subject or automated system calls up the website. This general data and
information are stored in the server log files. Collected may be (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 referrers), (4) the sub-websites, (5) the date and time of access to
the Internet site, (6) an Internet protocol address (IP address), (7) the
Internet service provider of the accessing system, and (8) any other similar
data and information that may be used in the event of attacks on our
information technology systems.

When using these general data and information, the Hess Translations 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 as well as its advertisement, (3) ensure the long-term viability of our
information technology systems and website technology, and (4) provide law
enforcement authorities with the information necessary for criminal prosecution
in case of a cyber-attack. Therefore, the Hess Translations analyzes anonymously
collected data and information statistically, with the aim of increasing the
data protection and data security of our enterprise, and 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. Contact possibility via the website

The website of
the Hess Translations contains information that enables a quick electronic
contact to our enterprise, as well as direct communication with us, which also
includes a general address of the so-called electronic mail (e-mail address).
If a data subject contacts the controller by e-mail or via a contact form, the
personal data transmitted by the data subject are automatically stored. Such
personal data transmitted on a voluntary basis by a data subject to the data
controller are stored for the purpose of processing or contacting the data
subject. There is no transfer of this personal data to third parties.

5. Routine erasure and blocking of personal data

The data
controller shall process and store the 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 to.

If the storage
purpose is not applicable, or if a storage period prescribed by the European
legislator or another competent legislator expires, the personal data are
routinely blocked or erased in accordance with legal requirements.

6. Rights of the data subject

·       
a) Right of
confirmation

Each data
subject shall have the right granted by the European legislator to obtain from
the controller the confirmation as to whether or not personal data concerning
him or her are being processed. If a data subject wishes to avail himself of
this right of confirmation, he or she may, at any time, contact any employee of
the controller.

·       
b) Right of
access

Each data
subject shall have the right granted by the European legislator to obtain from
the controller free information about his or her personal data stored at any
time and a copy of this information. Furthermore, the European directives and
regulations grant the data subject access to the following information:

o  
the purposes of the processing;

o  
the categories of personal data concerned;

o  
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;

o  
where possible, the envisaged period for which the personal data will be
stored, or, if not possible, the criteria used to determine that period;

o  
the existence of the right to request from the controller rectification or
erasure of personal data, or restriction of processing of personal data
concerning the data subject, or to object to such processing;

o  
the existence of the right to lodge a complaint with a supervisory
authority;

o  
where the personal data are not collected from the data subject, any
available information as to their source;

o  
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 envisaged consequences of such processing for the data subject.

Furthermore, the
data subject shall have 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 avail himself of this right of access, he or she may, at any
time, contact any employee of the controller.

·       
c) Right to
rectification

Each data
subject shall have the right granted by the European legislator to obtain from
the controller without undue delay the rectification of inaccurate personal
data concerning him or her. Taking into account the purposes of the processing,
the data subject shall have the right to have incomplete personal data
completed, including by means of providing a supplementary statement.

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

·       
d) Right to erasure (Right to be forgotten)

Each data
subject shall have the right granted by the European legislator to obtain from
the controller the erasure of personal data concerning him or her without undue
delay, and the controller shall have the obligation to erase personal data
without undue delay where one of the following grounds applies, as long as the
processing is not necessary:

o  
The personal data are no longer necessary in relation to the purposes for
which they were collected or otherwise processed.

o  
The data subject withdraws consent to 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.

o  
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.

o  
The personal data have been unlawfully processed.

o  
The personal data must be erased for compliance with a legal obligation in
Union or Member State law to which the controller is subject.

o  
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 the Hess Translations, he or she may, at any
time, contact any employee of the controller. An employee of Hess Translations
shall promptly ensure that the erasure request is complied with immediately.

Where the
controller has made personal data public and is obliged pursuant to Article
17(1) to erase the personal data, the controller, taking account of available
technology and the cost of implementation, shall take reasonable steps,
including technical measures, to inform other controllers processing the
personal data that the data subject has requested erasure by such controllers
of any links to, or copy or replication of, those personal data, as far as
processing is not required. An employees of the Hess Translations will arrange
the necessary measures in individual cases.

·       
e) Right of restriction of processing

Each data
subject shall have the right granted by the European legislator to obtain from
the controller restriction of processing where one of the following applies:

o  
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.

o  
The processing is unlawful and the data subject opposes the erasure of the
personal data and requests instead the restriction of their use instead.

o  
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.

o  
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 the processing of personal data stored by the Hess Translations,
he or she may at any time contact any employee of the controller. The employee
of the Hess Translations will arrange the restriction of the processing.

·       
f) Right to
data portability

Each data
subject shall have the right granted by the European legislator, to receive the
personal data concerning him or her, which was provided to a controller, in a
structured, commonly used and machine-readable format. He or she shall have the
right to transmit those data to another controller without hindrance from the
controller to which the personal data have been provided, as long as 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, as long as 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.

In order to
assert the right to data portability, the data subject may at any time contact
any employee of the Hess Translations.

·       
g) Right to
object

Each data
subject shall have 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.

The Hess
Translations shall no longer process the personal data in the event of the
objection, 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.

If the Hess
Translations 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 the Hess Translations to the processing for direct marketing purposes, the
Hess Translations will no longer process the personal data for these purposes.

In addition, 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 by
the Hess Translations for scientific or historical research purposes, or for
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.

In order to
exercise the right to object, the data subject may contact any employee of the
Hess Translations. In addition, the data subject is free in the context of the
use of information society services, and notwithstanding Directive 2002/58/EC,
to use his or her right to object by automated means using technical
specifications.

·       
h) Automated individual decision-making, including profiling

Each data
subject shall have 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, as long as the decision (1) is not is
necessary for entering into, or the performance of, a contract between the data
subject and a data controller, or (2) is not 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 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 a data controller, or (2) it is based on the data
subject’s explicit consent, the Hess Translations 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 contest the decision.

If the data
subject wishes to exercise the rights concerning automated individual
decision-making, he or she may, at any time, contact any employee of the Hess
Translations.

·       
i) Right to withdraw data protection consent

Each data
subject shall have the right granted by the European legislator to withdraw his
or her consent to processing of his or her personal data at any time.

If the data
subject wishes to exercise the right to withdraw the consent, he or she may, at
any time, contact any employee of the Hess Translations.

7. Legal basis for the processing

Art. 6(1) lit. a
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 supply of goods or to provide any other service, the processing is
based on Article 6(1) lit. b GDPR. The same applies to such processing
operations which are necessary for carrying out pre-contractual measures, for
example in the case of inquiries concerning our products or services. Is our
company 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(1) lit. c GDPR. In rare cases, the processing of personal data
may be 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 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(1) lit. d GDPR. Finally,
processing operations could be based on Article 6(1) lit. f GDPR. This legal
basis is used for processing operations which 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 which require protection of personal data. 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
controller (Recital 47 Sentence 2 GDPR).

8. The legitimate interests pursued by the controller
or by a third party

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

9. Period 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.

10. Provision of personal data as statutory or
contractual requirement; Requirement necessary to enter into a contract;
Obligation of the data subject to provide the personal data; possible
consequences of failure to provide such data

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 him or her. 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 any employee. The 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.

11. Existence of automated decision-making

As a responsible
company, we do not use automatic decision-making or profiling.

This Privacy Policy has been generated by the
Privacy Policy Generator of the External Data
Protection Officers that was developed in cooperation with the Media Law Lawyers from
WBS-LAW.