Privacy Policy

1. An overview of data protection

General information

The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit this website. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please consult my Data Protection Declaration, which I have included beneath this copy.

Data recording on this website

Who is the responsible party for the recording of data on this website (i.e., the “controller”)?

The data on this website is processed by the operator of the website, whose contact information is available under section “Information about the responsible party (referred to as the “controller” in the GDPR)” in this Privacy Policy.

How do I record your data?

I collect your data as a result of your sharing of your data with me. This may, for instance be information you enter into my contact form.

Other data shall be recorded by my IT systems automatically or after you consent to its recording during your website visit. This data comprises primarily technical information (e.g., web browser, operating system, or time the site was accessed). This information is recorded automatically when you access this website.

What are the purposes I use your data for?

A portion of the information is generated to guarantee the error free provision of the website. Other data may be used to analyze your user patterns.

What rights do you have as far as your information is concerned?

You have the right to receive information about the source, recipients, and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data are rectified or eradicated. If you have consented to data processing, you have the option to revoke this consent at any time, which shall affect all future data processing. Moreover, you have the right to demand that the processing of your data be restricted under certain circumstances. Furthermore, you have the right to log a complaint with the competent supervising agency.

Please do not hesitate to contact me at any time if you have questions about this or any other data protection related issues.

2. Hosting

Office Pearce is hosting the content of this website at the following provider:

All-Inkl

The Provider is the ALL-INKL.COM – Neue Medien Münnich, owner: René Münnich, Hauptstraße 68, 02742 Friedersdorf, Germany (hereinafter “All-Inkl”). For details, please visit the privacy policy of All-Inkl: https://all-inkl.com/datenschutzinformationen/.

The use of All-Inkl is based on Art. 6(1)(f) GDPR. I have a legitimate interest in the most reliable representation of my website. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.

Data processing

I have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract mandated by data privacy laws that guarantees that they process personal data of my website visitors only based on my instructions and in compliance with the GDPR.

3. General information and mandatory information

Data protection

The operators of this website and its pages take the protection of your personal data very seriously. Hence, I handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Data Protection Declaration.

Whenever you use this website, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Data Protection Declaration explains which data I collect as well as the purposes I use this data for. It also explains how, and for which purpose the information is collected.

I herewith advise you that the transmission of data via the Internet (i.e., through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third-party access.

Information about the responsible party (referred to as the “controller” in the GDPR)

The data processing controller on this website is:

Office Pearce
Siân Pearce
Dr.-Georg-Heim-Str. 14
97688 Bad Kissingen

Phone: +49 1520 7155943
E-mail: info@office-pearce.de

The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of personal data (e.g., names, e-mail addresses, etc.).

Storage duration

Unless a more specific storage period has been specified in this privacy policy, your personal data will remain with me until the purpose for which it was collected no longer applies. If you assert a justified request for deletion or revoke your consent to data processing, your data will be deleted, unless I have other legally permissible reasons for storing your personal data (e.g., tax or commercial law retention periods); in the latter case, the deletion will take place after these reasons cease to apply.

General information on the legal basis for the data processing on this website

If you have consented to data processing, I process your personal data on the basis of Art. 6(1)(a) GDPR or Art. 9 (2)(a) GDPR, if special categories of data are processed according to Art. 9 (1) DSGVO. In the case of explicit consent to the transfer of personal data to third countries, the data processing is also based on Art. 49 (1)(a) GDPR. If you have consented to the storage of cookies or to the access to information in your end device (e.g., via device fingerprinting), the data processing is additionally based on § 25 (1) TTDSG. The consent can be revoked at any time. If your data is required for the fulfillment of a contract or for the implementation of pre-contractual measures, I process your data on the basis of Art. 6(1)(b) GDPR. Furthermore, if your data is required for the fulfillment of a legal obligation, I process it on the basis of Art. 6(1)(c) GDPR. Furthermore, the data processing may be carried out on the basis of my legitimate interest according to Art. 6(1)(f) GDPR. Information on the relevant legal basis in each individual case is provided in the following paragraphs of this privacy policy.

Information on data transfer to the USA and other non-EU countries

Among other things, I use tools of companies domiciled in the United States or other from a data protection perspective non-secure non-EU countries. If these tools are active, your personal data may potentially be transferred to these non-EU countries and may be processed there. I must point out that in these countries, a data protection level that is comparable to that in the EU cannot be guaranteed. For instance, U.S. enterprises are under a mandate to release personal data to the security agencies and you as the data subject do not have any litigation options to defend yourself in court. Hence, it cannot be ruled out that U.S. agencies (e.g., the Secret Service) may process, analyze, and permanently archive your personal data for surveillance purposes. I have no control over these processing activities.

Revocation of your consent to the processing of data

A wide range of data processing transactions are possible only subject to your express consent. You can also revoke at any time any consent you have already given me. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.

Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)

IN THE EVENT THAT DATA ARE PROCESSED ON THE BASIS OF ART. 6(1)(E) OR (F) GDPR, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA BASED ON GROUNDS ARISING FROM YOUR UNIQUE SITUATION. THIS ALSO APPLIES TO ANY PROFILING BASED ON THESE PROVISIONS. TO DETERMINE THE LEGAL BASIS, ON WHICH ANY PROCESSING OF DATA IS BASED, PLEASE CONSULT THIS DATA PROTECTION DECLARATION. IF YOU LOG AN OBJECTION, I WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA, UNLESS I AM IN A POSITION TO PRESENT COMPELLING PROTECTION WORTHY GROUNDS FOR THE PROCESSING OF YOUR DATA, THAT OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOMS OR IF THE PURPOSE OF THE PROCESSING IS THE CLAIMING, EXERCISING OR DEFENCE OF LEGAL ENTITLEMENTS (OBJECTION PURSUANT TO ART. 21(1) GDPR).

IF YOUR PERSONAL DATA IS BEING PROCESSED IN ORDER TO ENGAGE IN DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR AFFECTED PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING AT ANY TIME. THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS AFFILIATED WITH SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR DIRECT ADVERTISING PURPOSES (OBJECTION PURSUANT TO ART. 21(2) GDPR).

Right to log a complaint with the competent supervisory agency

In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.

Right to data portability

You have the right to have data that I process automatically on the basis of your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.

Information about, rectification and eradication of data

Within the scope of the applicable statutory provisions, you have the right to demand information about your archived personal data, their source and recipients as well as the purpose of the processing of your data at any time. You may also have a right to have your data rectified or eradicated. If you have questions about this subject matter or any other questions about personal data, please do not hesitate to contact me at any time.

Right to demand processing restrictions

You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact me at any time. The right to demand restriction of processing applies in the following cases:

• In the event that you should dispute the correctness of your data archived by me, I will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that I restrict the processing of your personal data.
• If the processing of your personal data was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data instead of demanding the eradication of this data.
• If I do not need your personal data any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the processing of your personal data instead of its eradication.
• If you have raised an objection pursuant to Art. 21(1) GDPR, your rights and my rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your personal data.

If you have restricted the processing of your personal data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.

SSL and/or TLS encryption

For security reasons and to protect the transmission of confidential content, such as purchase orders or inquiries you submit to me as the website operator, this website uses either an SSL or a TLS encryption program. You can recognize an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line.

If the SSL or TLS encryption is activated, data you transmit to me cannot be read by third parties.

Cookies

This site uses only technically necessary cookies and no cookies that pass on personal data. Thus, no consent is required according to the TTDSG and the DSGVO.

4. Recording of data on this website

Server log files

The provider of this website and its pages automatically collects and stores information in so-called server log files, which your browser communicates to us automatically. The information comprises:

• The type and version of browser used
• The used operating system
• Referrer URL
• The hostname of the accessing computer
• The time of the server inquiry
• The IP address

This data is not merged with other data sources.

This data is recorded on the basis of Art. 6(1)(f) GDPR. The operator of the website has a legitimate interest in the technically error free depiction and the optimization of the operator’s website. In order to achieve this, server log files must be recorded.

Request by e-mail or telephone

If you contact me by e-mail or telephone, your request, including all resulting personal data (name, request) will be stored and processed by me for the purpose of processing your request. I do not pass these data on without your consent.

These data are processed on the basis of Art. 6(1)(b) GDPR if your inquiry is related to the fulfillment of a contract or is required for the performance of pre-contractual measures. In all other cases, the data are processed on the basis of my legitimate interest in the effective handling of inquiries submitted to me (Art. 6(1)(f) GDPR) or on the basis of your consent (Art. 6(1)(a) GDPR) if it has been obtained; the consent can be revoked at any time.

The data sent by you to me  via contact requests remain with me until you request me to delete, revoke your consent to the storage or the purpose for the data storage lapses (e.g. after completion of your request). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.

Communication via WhatsApp

For communication with my customers and other third parties, one of the services I use is the instant messaging service WhatsApp. The provider is WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

The communication is encrypted end-to-end (peer-to-peer), which prevents WhatsApp or other third parties from gaining access to the communication content. However, WhatsApp does gain access to metadata created during the communication process (for example, sender, recipient, and time). I would also like to point out that WhatsApp has stated that it shares personal data of its users with its U.S.-based parent company Meta. Further details on data processing can be found in the WhatsApp privacy policy at: https://www.whatsapp.com/legal/#privacy-policy.

The use of WhatsApp is based on my legitimate interest in communicating as quickly and effectively as possible with customers, interested parties and other business and contractual partners (Art. 6(1)(f) GDPR). If a corresponding consent has been requested, data processing is carried out exclusively on the basis of the consent; this consent may be revoked at any time with effect for the future.

The communication content exchanged between and on WhatsApp remains with me until you request me to delete it, revoke your consent to storage or the purpose for which the data is stored ceases to apply (e.g. after your request has been processed). Mandatory legal provisions, in particular retention periods, remain unaffected.

I use WhatsApp in the “WhatsApp Business” variant.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://www.whatsapp.com/legal/business-data-transfer-addendum?lang=en.

I have set up my WhatsApp accounts in such a way that there is no automatic synchronization of data with the address book on the smartphones in use.

I have concluded a data processing agreement (DPA) with the above-mentioned provider.

Google Calendar

On my website, you have the option to set up appointments with my company. For planning purposes, I use Google Calendar. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter referred to as “Google”).

To make reservations for an appointment, you will enter the requested data and your preferred meeting date into the dedicated screen. The data you enter will be used to plan, conduct, and possibly also follow up on the appointment. The appointment information will be stored on the servers of Google Calendar on my behalf. You may review the company’s data protection policy here: https://policies.google.com/privacy.

The data recorded in this manner will be stored until you ask me to delete them, revoke your consent to the archiving of your data or until the purpose of archiving the data no longer exists. This does not affect mandatory statutory provisions – in particular those governing retention periods.

The legal basis for the processing of the data is Art. 6(1)(f) GDPR. The operator of the website has a legitimate interest in ensuring that appointments with customers and prospective customers can be scheduled as easily as possible. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.

Data transfer to the US is based on the standard contractual clauses of the EU Commission. Details can be found here: https://workspace.google.com/terms/dpa_terms.html and https://cloud.google.com/terms/sccs.

The company is certified in accordance with the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the US, which is intended to ensure compliance with European data protection standards for data processing in the US. Every company certified under the DPF is obliged to comply with these data protection standards. For more information, please contact the provider under the following link: https://www.dataprivacyframework.gov/s/participant-search/participant-detail?contact=true&id=a2zt000000001L5AAI&status=Active

Data processing

I have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract mandated by data privacy laws that guarantees that they process personal data of my website visitors only based on my instructions and in compliance with the GDPR.

5. Newsletter

Newsletter data

If you would like to receive the newsletter offered on the website, I require an e-mail address from you as well as information that allows me to verify that you are the owner of the e-mail address provided and that you agree to receive the newsletter. Further data is not collected or only on a voluntary basis. For the handling of the newsletter, I use newsletter service providers, which are described below.

CleverReach

This website uses CleverReach for the sending of newsletters. The provider is the CleverReach GmbH & Co. KG, Schafjückenweg 2, 26180 Rastede, Germany (hereinafter “CleverReach”). CleverReach is a service that can be used to organize and analyze the sending of newsletters. The data you have entered for the purpose of subscribing to my newsletter (e.g., e-mail address) are stored on servers of CleverReach in Germany or in Ireland.

Newsletters I send out via CleverReach allow me to analyze the user patterns of my newsletter recipients. Among other things, in conjunction with this, it is possible how many recipients actually opened the newsletter e-mail and how often which link inside the newsletter has been clicked. With the assistance of a tool called Conversion Tracking, I can also determine whether an action that has been predefined in the newsletter actually occurred after the link was clicked (e.g., purchase of a product on this website). For more information on the data analysis services by CleverReach newsletters, please go to: https://www.cleverreach.com/en/features/reporting-tracking/.

The data is processed based on your consent (Art. 6(1)(a) GDPR). You may revoke any consent you have given at any time by unsubscribing from the newsletter. This shall be without prejudice to the lawfulness of any data processing transactions that have taken place prior to your revocation.

If you do not want to permit an analysis by CleverReach, you must unsubscribe from the newsletter. I provide a link for you to do this in every newsletter message.

The data deposited with me for the purpose of subscribing to the newsletter will be stored by me until you unsubscribe from the newsletter or the newsletter service provider and deleted from the newsletter distribution list after you unsubscribe from the newsletter. Data stored for other purposes with me remain unaffected.

After you unsubscribe from the newsletter distribution list, your e-mail address may be stored by me or the newsletter service provider in a blacklist, if such action is necessary to prevent future mailings. The data from the blacklist is used only for this purpose and not merged with other data. This serves both your interest and my interest in complying with the legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6(1)(f) GDPR). The storage in the blacklist is indefinite. You may object to the storage if your interests outweigh my legitimate interest.

For more details, please consult the Data Protection Provisions of CleverReach at: https://www.cleverreach.com/en/privacy-policy/.

Data processing

I have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract mandated by data privacy laws that guarantees that they process personal data of my website visitors only based on my instructions and in compliance with the GDPR.

6. Plug-ins and Tools

Google Fonts (local embedding)

This website uses so-called Google Fonts provided by Google to ensure the uniform use of fonts on this site. These Google fonts are locally installed so that a connection to Google’s servers will not be established in conjunction with this application.

For more information on Google Fonts, please follow this link: https://developers.google.com/fonts/faq and consult Google’s Data Privacy Declaration under: https://policies.google.com/privacy?hl=en.

Font Awesome (local embedding)

This website uses Font Awesome to ensure the uniform use of fonts on this site. Font Awesome is locally installed so that a connection to Fonticons, Inc.’s servers will not be established in conjunction with this application.

For more information on Font Awesome, please and consult the Data Privacy Declaration for Font Awesome under: https://fontawesome.com/privacy.

Ninja Firewall

I have integrated Ninja Firewall on this website. The provider is NinTechNet Limited, Unit 1603, 16th Floor, The L. Plaza 367 – 375 Queen‘s Road Central Sheung Wan, Hong Kong (hereinafter referred to as “Ninja Firewall”).

Ninja Firewall protects my website against undesirable access or malicious cyber-attacks. For this purpose, Ninja Firewall collects IP address, request, referrer, and the time of page access. Ninja Firewall is installed locally on my servers and does not transmit any personal data to the provider of the tool or other third parties.

I have enabled IP anonymization for Ninja Firewall, so that the tool only collects the IP address in a shortened form.

The use of Ninja Firewall is based on Art. 6(1)(f) GDPR. The website operator has a legitimate interest in the most effective protection of his website against cyberattacks.

7. Online-based Audio and Video Conferences (Conference tools)

Data processing

I use online conference tools, among other things, for communication with my customers. The tools I use are listed in detail below. If you communicate with me by video or audio conference using the Internet, your personal data will be collected and processed by the provider of the respective conference tool and by me. The conferencing tools collect all information that you provide/access to use the tools (email address and/or your phone number). Furthermore, the conference tools process the duration of the conference, start and end (time) of participation in the conference, number of participants and other “context information” related to the communication process (metadata).

Furthermore, the provider of the tool processes all the technical data required for the processing of the online communication. This includes, in particular, IP addresses, MAC addresses, device IDs, device type, operating system type and version, client version, camera type, microphone or loudspeaker and the type of connection.

Should content be exchanged, uploaded, or otherwise made available within the tool, it is also stored on the servers of the tool provider. Such content includes, but is not limited to, cloud recordings, chat/ instant messages, voicemail uploaded photos and videos, files, whiteboards, and other information shared while using the service.

Please note that I do not have complete influence on the data processing procedures of the tools used. My possibilities are largely determined by the corporate policy of the respective provider. Further information on data processing by the conference tools can be found in the data protection declarations of the tools used, and which I have listed below this text.

Purpose and legal bases

The conference tools are used to communicate with prospective or existing contractual partners or to offer certain services to my customers (Art. 6(1)(b) GDPR). Furthermore, the use of the tools serves to generally simplify and accelerate communication with me or my company (legitimate interest in the meaning of Art. 6(1)(f) GDPR). Insofar as consent has been requested, the tools in question will be used on the basis of this consent; the consent may be revoked at any time with effect from that date.

Duration of storage

Data collected directly by me via the video and conference tools will be deleted from my systems immediately after you request me to delete it, revoke your consent to storage, or the reason for storing the data no longer applies. Stored cookies remain on your end device until you delete them. Mandatory legal retention periods remain unaffected.

I have no influence on the duration of storage of your data that is stored by the operators of the conference tools for their own purposes. For details, please directly contact the operators of the conference tools.

Conference tools used

I employ the following conference tools:

Zoom

I use Zoom. The provider of this service is Zoom Communications Inc, San Jose, 55 Almaden Boulevard, 6th Floor, San Jose, CA 95113, USA. For details on data processing, please refer to Zoom’s privacy policy: https://zoom.us/en-us/privacy.html.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://zoom.us/de-de/privacy.html.

Data processing

I have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract mandated by data privacy laws that guarantees that they process personal data of my website visitors only based on my instructions and in compliance with the GDPR.