08 \/ Privacy Policy

Privacy

EXCELLENCE IN MIND – LIESENFELD EXECUTIVE ADVISORY ­GMBH

We are delighted by your interest in our company. The management of Liesenfeld Executive Advisory GmbH attaches particular importance to data protection. As a general rule, the websites of Liesenfeld Executive Advisory GmbH can be used without providing any personal data. However, if a data subject wishes to use special services offered by our company through our website, the processing of personal data may be 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, is always carried out in accordance with the General Data Protection Regulation and the country-specific data protection provisions applicable to Liesenfeld Executive Advisory GmbH. Through this Privacy Policy, our company wishes to inform the public about the nature, scope and purpose of the personal data we collect, use and process. This Privacy Policy also informs data subjects of the rights to which they are entitled.

As the controller, Liesenfeld Executive Advisory GmbH has implemented numerous technical and organizational measures to ensure the most comprehensive possible protection of personal data processed through this website. Nevertheless, internet-based data transmissions may generally have security vulnerabilities, meaning that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, such as by telephone.

1. Definitions

The Privacy Policy of Liesenfeld Executive Advisory GmbH is based on the terms used by the European legislator when adopting the General Data Protection Regulation (GDPR). Our Privacy Policy is intended to be easy to read and understand, both for the public and for our customers and business partners. To ensure this, we would first like to explain the terms used.

Among other terms, this Privacy Policy uses the following:

• a) Personal data

  Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as the “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 one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

• b) Data subject

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

• c) Processing

  Processing means any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organization, 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 means the marking of stored personal data with the aim of limiting its future processing.

• 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 analyze or predict aspects concerning that natural person’s work performance, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

• f)  Pseudonymization

  Pseudonymization 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 organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

• g) Controller or data controller

  The controller or data controller 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 law or the law of the Member States, the controller or the specific criteria for its nomination may be provided for by Union law or the law of the Member States.

• h) Processor

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

• i)   Recipient

  A recipient is a natural or legal person, public authority, agency or other body to which personal data are disclosed, whether or not it is a third party. However, public authorities that may receive personal data in the context of a specific inquiry in accordance with Union law or the law of the Member States are not considered recipients.

• j)   Third party

  A third party is a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and persons who, under the direct authority of the controller or 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, in the form of a statement or another clear affirmative action, by which the data subject signifies agreement to the processing of personal data relating to them.

2. Name and address of the controller

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:

Liesenfeld Executive Advisory GmbH

Theodorstraße 42-90, building 6a

22761 Hamburg

Germany

Tel.: +49 40 67387358

Email: ✉

Website: www.sofa53neun.de

3. Cookies

The websites of Liesenfeld Executive Advisory GmbH use cookies. Cookies are text files that are placed and stored on a computer system via an Internet browser.

Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters that enables websites and servers to associate the cookie with the specific Internet browser in which it was stored. This allows the websites and servers visited to distinguish the data subject’s individual browser from other Internet browsers that contain different cookies. A specific Internet browser can be recognized and identified by means of its unique cookie ID.

By using cookies, Liesenfeld Executive Coaching GmbH can provide users of this website with more user-friendly services that would not be possible without the use of cookies.

Cookies enable the information and offers on our website to be optimized in the user’s interests. As already mentioned, cookies allow us to recognize users of our website. The purpose of this recognition is to make our website easier for users to use. For example, a user of a website that uses cookies does not have to re-enter their login details each time they visit the website, because this is handled by the website and the cookie stored on the user’s computer system. Another example is the shopping cart cookie in an online shop. The online shop uses a cookie to remember the items a customer has placed in the virtual shopping cart.

The data subject may prevent our website from setting cookies at any time by changing the relevant settings in the Internet browser they use, and may thereby permanently object to the setting of cookies. Cookies that have already been set may also be deleted at any time using an Internet browser or other software programs. This is possible in all commonly used Internet browsers. If the data subject disables the setting of cookies in the Internet browser they use, some of the functions of our website may not be fully available.

4. Collection of general data and information

Each time the website of Liesenfeld Executive Coaching GmbH is accessed by a data subject or an automated system, it collects a range of general data and information. This general data and information is stored in the server’s log files. The following may be collected: (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 (known as the referrer), (4) the subpages of our website accessed via an accessing system, (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 used to avert danger in the event of attacks on our information technology systems.

When using this general data and information, Liesenfeld Executive Coaching GmbH 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 the advertising for it, (3) ensure the continued 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 cyberattack. Liesenfeld Executive Coaching GmbH therefore evaluates this anonymously collected data and information statistically and also with the aim of increasing data protection and data security within our company, ultimately ensuring an optimal level of protection for the personal data we process. The anonymous data in the server log files is stored separately from all personal data provided by a data subject.

5. Routine erasure and blocking of personal data

The controller processes and stores the data subject’s personal data only for the period required to achieve the purpose for which it is stored, or where this is provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.

If the purpose for which the data is stored no longer applies, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or erased in accordance with the statutory provisions.

6. Rights of the data subject

• a) Right to confirmation

  Every data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether personal data relating to them is being processed. If a data subject wishes to exercise this right to confirmation, they may contact an employee of the controller at any time.

• b) Right of access

  Every person affected by the processing of personal data has the right granted by the European legislator to obtain, at any time and free of charge, from the controller information about the personal data stored about them and a copy of that information. The European legislator has also granted the data subject the right to obtain information about the following:

  • the purposes of the processing
  • the categories of personal data being processed
  • the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organizations
  • where possible, the planned period for which the personal data will be stored or, if this is not possible, the criteria used to determine that period
  • the existence of a right to request the controller to rectify or erase personal data relating to the data subject, or to restrict its processing, or of a right to object to such processing
  • the existence of a right to lodge a complaint with a supervisory authority
  • where the personal data has not been collected from the data subject: all available information about the source of the data
  • 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

  The data subject also has the right to obtain information as to whether personal data has been transferred to a third country or an international organization. If so, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer.

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

• c) Right to rectification

  Every person affected by the processing of personal data has the right granted by the European legislator to request the immediate rectification of inaccurate personal data relating to them. The data subject also has the right, taking into account the purposes of the processing, 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, they may contact an employee of the controller at any time.

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

  Every data subject has the right granted by the European legislator to require the controller to erase personal data concerning them without undue delay, provided that one of the following grounds applies and the processing is not necessary:

  • The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
  • The data subject withdraws their consent on which the processing was based pursuant to Art. 6 Abs. 1 Buchstabe a DS-GVO or Art. 9 Abs. 2 Buchstabe a DS-GVO, and there is no other legal basis for the processing.
  • The data subject objects to the processing pursuant to Art. 21 Abs. 1 DS-GVO, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 Abs. 2 DS-GVO.
  • The personal data have been processed unlawfully.
  • The erasure of the personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
  • The personal data were collected in relation to information society services offered pursuant to Art. 8 Abs. 1 DS-GVO.

  If one of the grounds listed above applies and a data subject wishes to have personal data stored by Liesenfeld Executive Coaching GmbH erased, they may contact an employee of the controller at any time. An employee of Liesenfeld Executive Coaching GmbH will ensure that the request for erasure is complied with without undue delay.

  If Liesenfeld Executive Coaching GmbH has made the personal data public and, as controller, our company is obliged to erase the personal data pursuant to Art. 17 Abs. 1 DS-GVO, Liesenfeld Executive Coaching GmbH shall, taking account of available technology and the cost of implementation, take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested that those other controllers erase all links to the personal data, or copies or reproductions of the personal data, insofar as the processing is not necessary. An employee of Liesenfeld Executive Coaching GmbH will take the necessary steps on a case-by-case basis.

• e) Right to restriction of processing

  Every data subject has the right granted by the European legislator to require the controller to restrict processing if one of the following conditions is met:

  • The data subject contests the accuracy of the personal data, 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 the restriction of their use instead.
  • The controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the establishment, exercise or defence of legal claims.
  • The data subject has objected to the processing pursuant to Art. 21 Abs. 1 DS-GVO, and it has not yet been determined whether the controller's legitimate grounds override those of the data subject.

  If one of the conditions listed above is met and a data subject wishes to request the restriction of personal data stored by Liesenfeld Executive Coaching GmbH, they may contact an employee of the controller at any time. An employee of Liesenfeld Executive Coaching GmbH will arrange for the processing to be restricted.

• f)  Right to data portability

  Every data subject has the right granted by the European legislator to receive the personal data concerning them, which they have provided 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 whom the personal data were provided, provided that the processing is based on consent pursuant to Art. 6 Abs. 1 Buchstabe a DS-GVO or Art. 9 Abs. 2 Buchstabe a DS-GVO, or on a contract pursuant to Art. 6 Abs. 1 Buchstabe b DS-GVO, 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, when exercising their right to data portability pursuant to Article 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided this does not adversely affect the rights and freedoms of others.

  To exercise the right to data portability, the data subject may contact an employee of Liesenfeld Executive Coaching GmbH at any time.

• g) Right to object

  Every data subject 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 that is based on Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.

  In the event of an objection, Liesenfeld Executive Coaching GmbH will no longer process the personal data 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 the establishment, exercise or defence of legal claims.

  If Liesenfeld Executive Coaching GmbH 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 such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to Liesenfeld Executive Coaching GmbH processing their personal data for direct marketing purposes, Liesenfeld Executive Coaching GmbH will no longer process the personal data for those purposes.

  In addition, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them by Liesenfeld Executive Coaching GmbH for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) 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 may contact any employee of Liesenfeld Executive Coaching GmbH or another employee directly. The data subject is also free, in connection with the use of information society services and notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.

• h) Automated individual decision-making, including profiling

  Every data subject 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 them or similarly significantly affects them, unless the decision (1) is necessary for entering into or performing a contract between the data subject and the controller, or (2) is authorised by Union or Member State law to which the controller is subject and that law 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 performing a contract between the data subject and the controller, or (2) is made with the data subject’s explicit consent, Liesenfeld Executive Coaching GmbH will take suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests. These measures must include, at a minimum, the right to obtain human intervention from the controller, to express their point of view and to contest the decision.

  If the data subject wishes to exercise rights relating to automated decisions, they may contact an employee of the controller at any time.

• i)   Right to withdraw consent under data protection law

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

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

7. Data protection in applications and the application process

The controller collects and processes applicants’ personal data for the purpose of handling the application process. Processing may also take place electronically. This is especially the case when an applicant submits application documents to the controller electronically, for example by email or through a web form on the website. If the controller enters into an employment contract with an applicant, the data submitted will be stored for the purpose of managing the employment relationship in accordance with statutory requirements. If the controller does not enter into an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, unless other legitimate interests of the controller prevent their deletion. One such legitimate interest, for example, is the burden of proof in proceedings under the General Equal Treatment Act (AGG).

8. Legal basis for processing

Article 6(1)(a) GDPR serves as the legal basis for our company’s processing operations where 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, with processing operations necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Article 6(1)(b) GDPR. The same applies to processing operations necessary to carry out pre-contractual measures, such as enquiries about our products or services. If our company is subject to a legal obligation requiring the processing of personal data, for example to fulfil tax obligations, the processing is based on Article 6(1)(c) GDPR. 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 on our premises and their name, age, health insurance details or other vital information had to be disclosed to a doctor, hospital or other third party. In that case, the processing would be based on Article 6(1)(d) GDPR. Finally, processing operations may be based on Article 6(1)(f) GDPR. This legal basis applies to processing operations not covered by any of the aforementioned legal bases, where processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not override that interest. Such processing operations are permitted in particular because the European legislator specifically referred to them. In this regard, it considered that a legitimate interest may be presumed where the data subject is a customer of the controller (recital 47, second sentence, GDPR).

9. Legitimate interests pursued by the controller or a third party

Where the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and shareholders.

10. Period for which the personal data will be stored

The criterion for the period for which personal data is stored is the applicable statutory retention period. Once this period has expired, the relevant data is routinely deleted unless it is still required for the performance or initiation of a contract.

11. Legal or contractual requirements to provide personal data; necessity for entering into a contract; obligation of the data subject to provide personal data; possible consequences of not providing the data

We inform you that the provision of personal data is required in part by law (e.g. tax regulations) or may also arise from contractual provisions (e.g. details of the contractual partner). In some cases, it may be necessary for a data subject to provide us with personal data that we must subsequently process in order to enter into a contract. For example, the data subject is required to provide us with personal data when our company enters into a contract with them. Failure to provide 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 one of our employees. Our employee will explain on a case-by-case basis whether the provision of personal data is required by law or contract, or is necessary for entering into a contract; whether there is an obligation to provide the personal data; and what the consequences of not providing the personal data would be.

12. Existence of automated decision-making

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