Privacy statement

Privacy statement according to the GDPR

I. Name and address of the responsible controller

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

Dipl.-Psych. Darina Augapfel
Psychotherapy practice
Habsburgerallee 16
60385 Frankfurt am Main
Germany
0049 69 97202639
Email: praxis@darina-augapfel.de
Website: www.darina-augapfel.de

II. General information on data processing

1. Scope of the processing of personal data

In principle, we process our users' personal data only insofar as is necessary in order to provide a functioning website and our content and services. The processing of our users' personal data takes place regularly but only with the consent of the user. An exception applies to cases in which prior consent cannot be obtained for reasons of fact and the processing of the data is permitted by law.

2. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for the processing of personal data, point (a) of Article 6(1) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.

For the processing of personal data necessary for the performance of a contract to which the data subject is party, point (b) of Article 6(1) of the GDPR serves as the legal basis. This also applies to processing operations required for the implementation of pre-contractual measures.

Insofar as processing of personal data is required to fulfill a legal obligation to which our company is subject, point (c) of Article 6(1) of the GDPR serves as the legal basis.

In the event that vital interests of the data subject or another natural person make the processing of personal data necessary, point (d) of Article 6(1) of the GDPR serves as the legal basis.

If processing is necessary to protect the legitimate interests of our company or a third party, and if the interests, fundamental rights and fundamental freedoms of the data subject do not outweigh the first-named interest, then point (f) of Article 6(1) of the GDPR serves as the legal basis for processing.

3. Data erasure and storage duration

The personal data of the data subject will be erased or blocked as soon as the purpose of the storage ceases to apply. Furthermore, storage can be carried out if it has been provided for by the European or national legislator in EU regulations, laws or other regulations to which the controller is subject. Blocking or erasure of the data also takes place if a storage period stipulated by the named standards expires, unless there is a need for further storage of the data for the purpose of entering into a contract or for the performance of a contract.

III. Provision of the website and creation of log files

1. Description and scope of data processing

Each time our website is accessed, our system automatically records data and information from the computer system of the calling computer.

The following data is collected:

(1) Information about the browser type and version used
(2) The user's operating system
(3) The user's internet service provider
(4) The user's IP address
(5) Date and time of access
(6) Websites from which the user's system reaches our website
(7) Websites accessed by the user's system via our website

The data is also stored in our system's log files. This data is not stored together with the user's other personal data.

2. Legal basis for data processing

The legal basis for the temporary storage of data and log files is point (f) of Article 6(1) of the GDPR.

3. Purpose of the data processing

The temporary storage of the IP address by the system is necessary to allow delivery of the website to the user's computer. For this, the user's IP address must be stored for the duration of the session.

Data is stored in log files to ensure the functionality of the website. In addition, the data is used to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

Our justified interest in the processing of data persuant to point (f) of Article 6(1) of the GDPR also lies in such purposes.

4. Storage duration

Data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of data being collected for the provision of the website, this is the case when that particular session has ended.

In the case of data being stored in log files, this is the case after fourteen days at the latest. Storage beyond this point is possible. In this case, the users' IP addresses are erased or changed so that it is no longer possible to assign them to the visiting client.

5. Objection and elimination option

The processing of data for the provision of the website and the storage of data in log files is essential for the operation of the website. Therefore there is no possibility of objection on the part of the user.

IV. Use of cookies

Our website uses the PHPSESSID cookie which will be deleted after leaving the site.

V. Newsletter

Our website does not offer a newsletter. Therefore, no data is collected or stored.

VI. Registration

There is no possibility or need for registration on our website. Therefore, no data is collected or stored.

VII. Contact form and email contact

On our website there is no contact form that can be used for electronic contact. Therefore, no data is collected or stored.

VIII. Web Analysis

Our website does not use web analytics such as Google analytics and others. Therefore, no data is collected, stored or processed.

IX. Rights of the data subject

If your personal data is processed, you are a data subject as defined by the GDPR and you have the following rights with respect to the controller:

1. Right to information

You can ask the controller for confirmation as to whether personal data concerning you is being processed by us.

If such processing is taking place, you can request from the controller the following information:

(1) the purposes for which the personal data are being processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipient to whom the personal data concerning you have been disclosed or are still being disclosed;
(4) the planned duration of the storage of personal data concerning you or, if concrete information is not available on this, criteria used to determine the duration of storage;
(5) the existence of a right to rectify or erase personal data concerning you, a right to the restriction of processing by the controller or a right to object to such processing;
(6) the existence of a right to appeal to a supervisory authority;
(7) all available information on the source of the data if the personal data is not collected from the data subject;
(8) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved, and the significance and envisaged impact of such processing for the data subject.

You have the right to request information about whether the personal data concerning you is being transmitted to a third country or to an international organization. Where this is the case, you can request to be informed of the appropriate guarantees pursuant to Article 46 of the GDPR relating to the transfer.

2. Right to rectification

You have a right to obtain from the controller rectification and/or completion, if the processed personal data concerning you is incorrect or incomplete. The controller must make the rectification immediately.

3. Right to restriction of processing

You may request the restriction of the processing of your personal data under the following conditions:

(1) if you contest the accuracy of personal data concerning you for a period of time that enables the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you oppose the erasure of the personal data and instead demand the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of the processing, but you need it for the establishment, exercise or defence of legal claims; or
(4) if you have objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet certain whether the legitimate grounds of the controller outweigh your grounds.

If the processing of personal data concerning you has been restricted, this data may, with the exception of storage, only be used with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

If the restriction of the processing takes place in accordance with the aforementioned conditions, you will be informed by the controller before the restriction is lifted.

4. Right to erasure

a) Obligation to erase

You may request from the controller the erasure of personal information concerning you without delay, and the controller is obliged to erase this information without delay where one of the following grounds applies:

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

b) Information to third parties

If the controller has made the personal data concerning you public and if the controller is obliged pursuant to Article 17(1) of the GDPR to erase such data, he or she shall take appropriate measures, also of a technical art, taking into account the available technology and the implementation costs, to inform the data processing controllers who process the personal data that you as the data subject have requested them to erase all links to this personal data or requested copies or reproductions of this personal data.

c) Exceptions

The right to erasure does not exist if the processing is necessary:

(1) to exercise the right of freedom of expression and information;
(2) to fulfill a legal obligation that requires processing under Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the field of public health in accordance with points (h) and (i) of Article 9(2) and Article 9(3) of the GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes in accordance with Article 89(1) of the GDPR, insofar as the right referred to in paragraph (a) is likely to render impossible or seriously affect the achievement of the objectives of that processing, or
(5) for the establishment, exercise or defence of legal claims.

5. Notification obligation

If you have asserted the right of rectification, erasure or restriction of processing to the controller, he/she is obliged to notify all recipients to whom your personal data has been disclosed of this rectification or erasure of the data or restriction of the processing, unless this proves to be impossible or involves disproportionate effort.

You have the right to request that the controller inform you about these recipients.

6. Right to data portability

You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. In addition, you have the right to transfer this data to another controller without hindrance from the controller to which the personal data has been provided, where:

(1) the processing is based on consent pursuant to point (a) 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
(2) the processing is done by automated means.

In exercising this right, you also have the right to have personal data concerning to you transmitted directly from one controller to another, insofar as this is technically feasible. This may not affect the freedoms and rights of other persons.

The right to data portability does not apply to the processing of personal data that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. Right to object

You have the right at any time, for reasons relating to your particular situation, to object to the processing of personal data concerning you that is based on point (e) or (f) of Article 6(1) of the GDPR; this also applies to profiling based on these provisions.

The controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

If the personal data concerning you is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling insofar as it is associated to such direct marketing.

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

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

8. Right to withdraw the declaration of consent concerning data protection

You have the right to withdraw your declaration of consent concerning data protection at any time. The withdrawal of consent does not affect the legality of the processing based on consent before its withdrawal.

9. Automated individual decision-making, including profiling

You have the right not to be subject to a decision based solely on automated processing – including profiling – that will have legal effects concerning you or similarly significantly affects you. This does not apply if the decision:

(1) is required for entering into, or performance of, a contract between you and the controller,
(2) is permitted by Union or Member State legislation to which the controller is subject, and where such legislation contains appropriate measures to safeguard your rights and freedoms and legitimate interests, or
(3) is based on your explicit consent.

However, these decisions must not be based on special categories of personal data referred to in Article 9(1) of the GDPR, unless point (a) or (g) of Article 9(2) of the GDPR applies and reasonable measures have been taken to protect your rights and freedoms as well as your legitimate interests.

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

10. Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you infringes the GDPR.

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

X. Duties of the data subject

1. No warning without contact!

In the case of asserting claims of any kind from copyright and competition law as well as trademark and data law cases, I ask that you contact me immediately, in order to avoid unnecessary legal disputes, warnings and costs. If claims of the aforementioned type are lodged, I hereby pledge to find, before a final legally binding clarification, a remedy through which any possible risk of repetition is bindingly excluded. Any invoice for the cost of a legal warning without any prior contact would then be rejected due to non-compliance with the duty to mitigate damages.

Any warnings and follow-up measures that are unnecessary or unjustified in this regard would be answered with a negative declaratory judgment. This also applies to warnings that fall under § 8 (4) UWG (Act against Unfair Competition). If the content or the presentation of these pages infringe third-party rights or statutory provisions, please send me a message without invoicing. The removal of a possible infringement of intellectual property rights by the owner of the copyright themselves may not take place without my consent.

XI. Severability clause

1. Legal validity of this declaration

If sections or individual formulations of this statement do not, no longer or do not completely comply with the current law, the content and validity of the other parts remain unaffected by this.

This privacy policy was created from a template by Professor Dr. Thomas Hoeren, which he developed together with employees of the Research Centre for Law of the German Research Network (including Johannes Baur and Charlotte Röttgen).