Privacy Policy

1. Definitions

The privacy policy of Tobias Holst e.K. is based on the terminology used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to explain the terminology used in advance. In this privacy policy, we use, among others, the following terms:

a) Personal data: Personal data means any information relating to an identified or identifiable natural person (hereinafter "data subject"). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

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.

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

The controller for the purposes of the General Data Protection Regulation, other data protection laws applicable in Member States of the European Union and other provisions related to data protection is:

Tobias Holst e.K.
Richard-Strauss-Str. 13
81677 München
GERMANY
Phone: 089 339 80 65 80
Email: mail@tobiasholst.com
Website: https://www.tobiasholst.com

3. Cookies

The website of Tobias Holst e.K. uses cookies. Cookies are text files that are 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 of the cookie. It consists of a character string through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This allows the visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognised and identified via the unique cookie ID. Through the use of cookies, Tobias Holst e.K. can provide the users of this website with more user-friendly services that would not be possible without the cookie setting. By means of a cookie, the information and offers on our website can be optimised with the user in mind. As already mentioned, cookies enable us to recognise the users of our website. The purpose of this recognition is to make it easier for users to use our website. The user of a website that uses cookies, for example, does not have to re-enter their access data each time the website is visited, because this is handled by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping cart in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping cart via a cookie. The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the internet browser used and may thus permanently object to the setting of cookies. Furthermore, already set cookies may be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, not all functions of our website may be fully usable.

4. Web Analytics with Matomo

This website uses Matomo, a self-hosted open-source software for web analytics. Data processing takes place exclusively on the controller's servers (matomo.tobiasholst.com). The data is not passed on to third parties.

Cookieless tracking (default): By default, Matomo does not use any cookies on this website and does not collect any personal data. The analysis is carried out anonymously on the basis of technical information such as browser type, screen resolution and pages visited. Attribution to individual persons is not possible. The legal basis for this processing is Art. 6(1)(f) GDPR (legitimate interest in the statistical analysis of usage behaviour to optimise the web presence).

Cookie-based tracking (with consent): If you consent to the setting of cookies via the cookie banner, Matomo additionally uses cookies to recognise recurring visits and to better evaluate the user experience. The legal basis for this processing is Art. 6(1)(a) GDPR (consent). You can withdraw your consent at any time via the cookie banner by deleting the local storage of this website in your browser.

IP addresses are processed in anonymised form. No profiling and no automated decision-making take place.

5. Collection of General Data and Information

The website of Tobias Holst e.K. collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server 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 (so-called referrer), (4) the sub-websites which are accessed via 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 danger in the event of attacks on our information technology systems. When using this general data and information, Tobias Holst e.K. does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimise the content of our website as well as 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 criminal prosecution in the event of a cyberattack. Therefore, Tobias Holst e.K. analyses this anonymously collected data and information statistically, on the one hand, and with the aim of increasing the data protection and data security of our enterprise, on the other hand, in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files is stored separately from all personal data provided by a data subject.

6. Contact Option via the Website

On the basis of statutory provisions, the website of Tobias Holst e.K. 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 (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller is stored for the purpose of processing or contacting the data subject. This personal data is not passed on to third parties.

7. Routine Erasure and Blocking of Personal Data

The controller processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of storage, or insofar as this is provided for by the European legislator or another legislator in laws or regulations to which the controller is subject. If the purpose of storage 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.

8. Rights of the Data Subject

a) Right of confirmation Each data subject has 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 is being processed. If a data subject wishes to make use of this right of confirmation, he or she may, at any time, contact an employee of the controller.

b) Right of access Each data subject affected by the processing of personal data has the right granted by the European legislator to obtain free information about his or her personal data stored at any time and a copy of this information from the controller. Furthermore, the European legislator has granted the data subject access to the following information:
◦ the purposes of the processing
◦ the categories of personal data concerned
◦ the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
◦ where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
◦ the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing
◦ the existence of the right to lodge a complaint with a supervisory authority
◦ where the personal data are not collected from the data subject: any available information as to their source
◦ the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject. Furthermore, the data subject has a right to obtain information as to whether personal data is transferred to a third country or to an international organisation. Where this is the case, the data subject moreover has the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to make use of this right of access, he or she may, at any time, contact an employee of the controller.

c) Right to rectification Each data subject affected by the processing of personal data has the right granted by the European legislator to obtain without undue delay the rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right, 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, he or she may, at any time, contact an employee of the controller.

d) Right to erasure (right to be forgotten) Each data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller the erasure without undue delay of personal data concerning him or her, where one of the following grounds applies and insofar as 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 the consent on which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing. ◦ The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
◦ The personal data have been unlawfully processed.
◦ The erasure of the personal data is necessary for compliance with a legal obligation in Union or Member State law to which the controller is subject.
◦ The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Tobias Holst e.K., he or she may, at any time, contact an employee of the controller. The employee of Tobias Holst e.K. shall ensure that the erasure request is complied with without undue delay. Where the personal data were made public by Tobias Holst e.K. and our enterprise as controller is obliged pursuant to Article 17(1) of the GDPR to erase the personal data, Tobias Holst e.K., taking account of the available technology and the cost of implementation, shall take reasonable measures, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the erasure by such other controllers of any links to, or copies or replications of, those personal data, insofar as the processing is not required. The employee of Tobias Holst e.K. will arrange the necessary measures in individual cases.

e) Right to restriction of processing Each data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller the restriction of processing where one of the following applies:
◦ The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
◦ The processing is unlawful, the data subject opposes the erasure of the personal data and requests instead the restriction of their use.
◦ The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
◦ The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject. If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by Tobias Holst e.K., he or she may, at any time, contact an employee of the controller. The employee of Tobias Holst e.K. will arrange the restriction of the processing.

f) Right to data portability Each data subject affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, 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 has the right to have the 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 an employee of Tobias Holst e.K.

g) Right to object Each data subject affected by the processing of personal data has the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to the 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. Tobias Holst e.K. 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 Tobias Holst e.K. processes personal data to carry out direct marketing, the data subject has the right to object at any time to the processing of the personal data for the purpose of such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Tobias Holst e.K. to the processing for direct marketing purposes, Tobias Holst e.K. 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 the processing of personal data concerning him or her by Tobias Holst e.K. 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 directly contact any employee of Tobias Holst e.K. or another employee. The data subject is furthermore free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise his or her right to object by automated means using technical specifications.

h) Automated individual decision-making, including profiling Each data subject affected by the processing of personal data has the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as 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 authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is based on the data subject's explicit consent. If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) it is based on the data subject's explicit consent, Tobias Holst e.K. shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision. If the data subject wishes to exercise rights concerning automated individual decision-making, he or she may, at any time, contact an employee of the controller.

i) Right to withdraw data protection consent Each data subject affected by the processing of personal data has the right granted by the European legislator to withdraw consent to the 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 an employee of the controller.

9. Legal Basis for the Processing

Art. 6(1)(a) GDPR serves as the legal basis for our company 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 or consideration, the processing is based on Art. 6(1)(b) GDPR. The same applies to such processing operations as are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. If our company is subject to a legal obligation by which the processing of personal data is required, such as for the fulfilment of tax obligations, the processing is based on Art. 6(1)(c) GDPR. In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his or her name, age, health insurance data or other vital information would have to be passed on to a doctor, a hospital or other third parties. Then the processing would be based on Art. 6(1)(d) GDPR. Finally, processing operations could be based on Art. 6(1)(f) GDPR. This legal basis is the basis for processing operations which are not covered by any of the aforementioned 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, fundamental rights and fundamental 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 controller (Recital 47 sentence 2 GDPR).

10. Legitimate Interests Pursued by the Controller or a Third Party

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

11. Duration for which the Personal Data are Stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of that period, the corresponding data is routinely erased, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.

12. Statutory or Contractual Requirements to Provide the Personal Data; Necessity for the Conclusion of the 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 concludes 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 one of our employees. Our employee clarifies to the data subject on a case-by-case basis 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 that the non-provision of the personal data would have.

13. Existence of Automated Decision-Making

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

14. Contact Form and Storage of Enquiries

You can send us a message via the contact form on this website. We process the data you provide (your name, email address, optionally your company, and the content of your message) solely to handle your enquiry and any subsequent communication. An IP address is not stored permanently in this context. The legal basis is Art. 6(1)(b) GDPR (initiation or performance of a contract) and Art. 6(1)(f) GDPR (legitimate interest in responding to enquiries).

To process your enquiry reliably, it is stored in our database and automatically deleted after 90 days, unless statutory retention obligations apply or further processing is required to perform a contract. You may request the deletion of your enquiry at any time.

15. Bot and Spam Protection via Cloudflare Turnstile

To protect the contact form against automated submissions (bots) and spam, we use “Turnstile” by Cloudflare, Inc. (101 Townsend St., San Francisco, CA 94107, USA). When you open the contact page, a script from Cloudflare is loaded. Turnstile analyses technical characteristics of your device and behaviour (including IP address, browser/operating system information, and movement and interaction signals) to distinguish humans from bots. Processing is based on our legitimate interest in preventing abuse and spam (Art. 6(1)(f) GDPR). Turnstile is designed to be data-minimising and is not used for cross-site tracking.

As Cloudflare is based in the USA, data may be transferred to a third country; this is safeguarded by Standard Contractual Clauses pursuant to Art. 46 GDPR. For more information, see Cloudflare’s privacy policy at cloudflare.com/privacypolicy.

16. Error Monitoring via Sentry

To ensure stable and secure operation, we use the service “Sentry” (Functional Software, Inc., USA) for the automated capture of technical errors. Only technical diagnostic data (e.g. error messages, affected components) is collected. Personal content from the contact form (name, email address, message text) is removed before transmission and is not sent to Sentry. The legal basis is our legitimate interest in the security and functionality of our website (Art. 6(1)(f) GDPR). Here too, a transfer to the USA safeguarded by Standard Contractual Clauses may occur.