I’m very delighted that you have shown interest in my services. Data protection is of a particularly high priority for me. The use of this website is possible without any indication of personal data; however, if a data subject wants to use special services via website or contacting Ignacio Hermo directly, processing of personal data could become necessary. If there is no statutory basis for such processing, I 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 Ignacio Hermo. By means of this data protection declaration, I would like to inform the general public of the nature, scope, and purpose of the personal data I 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, Ignacio Hermo 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 via alternative means, e.g. by telephone.
1. Definitions
Ignacio Hermo’s data protection declaration is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). This data protection declaration should be legible and understandable for the general public, as well as for my customers and business partners. To ensure this, I would like to first explain the terminology used:
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
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.
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) 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.
j) 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. 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:
Ignacio Hermo
Anklamer Str. 38
10115 Berlin
Germany
Phone: +49 30 692 08 912
Email: i.hermo@aiic.net
3. Collection of general data and information
Ignacio Hermo’s website collects a series of general data and information when a data subject or automated system accesses 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 this website (so-called referrers), (4) the sub-websites, (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) any other similar data and information that may be used in the event of fraud or abuses.
When using these general data and information, Ignacio Hermo does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of this website correctly, (2) optimize the content of this website as well as its advertisement, (3) ensure the long-term viability of the 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, Ignacio Hermo analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of my business, and to ensure an optimal level of protection for the personal data I process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
4. 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.
5. Rights of the data subject
a) Right of confirmation
Each data subject shall have the right to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed.
b) Right of access
Each data subject shall have the right to obtain from the controller free information about his or her personal data stored at any time and a copy of this data according to Article 15 of the GDPR.
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.
c) Right to rectification
Each data subject shall have the right to rectify any inaccurate personal data concerning him or her and to have their incomplete personal data completed according to Article 16 of the GDPR.
d) Right to erasure (Right to be forgotten)
Each data subject shall have the right, in accordance to Art. 17 of the GDPR, to obtain from the controller the erasure of personal data concerning him or her without undue delay.
e) Right of restriction of processing
Each data subject shall have the right, in accordance to Art. 17 of the GDPR, to obtain from the controller restriction of processing.
f) Right to data portability
Pursuant to Article 20 of the GDPR, each data subject shall have the right to receive the personal data concerning him or her, which was provided to a controller, as well as the right to have personal data transmitted directly from one controller to another.
g) Right to object
Each data subject shall have the right to object, at any time, to the processing of personal data concerning him or her, according to Article 21 of the GDPR. This also applies to the processing for direct marketing purposes.
h) Automated individual decision-making, including profiling
Each data subject shall have the right 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, Ignacio Hermo 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.
i) Right to withdraw
Each data subject shall have the right to withdraw his or her consent to processing of his or her personal data, pursuant to Art. 7(3) of the GDPR.
6. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which I 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 products or services. Am I subject to a legal obligation by which processing of personal data is required, such as for the fulfilment 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 my office 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 me or by a third party (for example in case of commissioning work to collaborators, webhosts, etc.), 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).
7. Period of storage
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 fulfilment of the contract or the initiation of a contract.
8. Provision of personal data as statutory or contractual requirement
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 with personal data, which must subsequently be processed by me. The data subject is, for example, obliged to provide me with personal data when I sign 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 me. I clarify 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.
9. Social media channels
I maintain various social networks for the purpose of communicating with customers, prospects and users. The terms and conditions and the data processing guidelines of the social media operators apply. Unless otherwise stated in this data protection policy, the personal data of subjects who contact me on these networks, e.g. through their posts or messages, may be processed.
Parts of this Data Protection Policy have been generated by the Privacy Policy Generator of the DGD – Your External DPO that was developed in cooperation with German Lawyers from WILDE BEUGER SOLMECKE, Cologne.