This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within the framework of the provision of our services as well as within our online offer and the websites, functions and contents connected with it as well as external online presences such as our Social Media Profile (hereinafter referred to collectively as “online offer”). With regard to the terms used, such as “processing” or “responsible party”, we refer to the definitions in Art. 4 of the Basic Data Protection Regulation (DSGVO).
Andrea Keller (X2306315J)
Bernat Rigo 31, bajos E
07007 Palma de Mallorca (Islas Baleares, Mallorca)
34 (0) 677 797 291
Link to the imprint: http://kellerdogacademy.com/de/impressum/
Contact data protection officer: Andrea Keller
Types of data processed
– inventory data (e.g., personal master data, names or addresses).
– Contact data (e.g., e-mail, telephone numbers).
– Content data (e.g., text entries, photographs, videos).
– Usage data (e.g., websites visited, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).
Categories of data subjects
Visitors and users of the online offer (in the following we will refer to the persons concerned collectively as “users”).
Purpose of processing
– Provision of the online offer, its functions and contents.
– Answering of contact requests and communication with users.
– security measures.
– Reach measuring/marketing
“Personal data” shall mean any information relating to an identified or identifiable natural person (hereinafter referred to as “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 on-line identifier (e.g. a cookie), or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person
“Processing” means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and covers virtually all processing of data.
“Pseudonymisation” shall mean the processing of personal data in such a way that the personal data cannot be related to a specific data subject without the use of supplementary information, provided that this supplementary information is kept separate and is subject to technical and organisational measures ensuring that the personal data is not related to an identified or identifiable natural person
“Profiling” shall mean any automated processing of personal data consisting in using such personal data to evaluate certain personal aspects relating to a natural person, in particular in order to analyse or predict aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, conduct, location or change of location of that natural person
“Controller” shall mean 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.
“Processor” shall mean any natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Relevant legal bases
In accordance with Art. 13 DSGVO, we inform you of the legal basis of our data processing. The following applies to users from the scope of the Basic Data Protection Regulation (DSGVO), i.e. the EU and EEC, unless the legal basis is stated in the data protection declaration:
The legal basis for obtaining consent is Art. 6 Para. 1 lit. a and Art. 7 DSGVO;
The legal basis for processing for the purpose of fulfilling our services and carrying out contractual measures and answering enquiries is Art. 6 para. 1 lit. b DSGVO;
The legal basis for processing for the purpose of fulfilling our legal obligations is Art. 6 para. 1 lit. c DSGVO;
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO serves as the legal basis.
The legal basis for the processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller is Article 6 paragraph 1 letter e of the DPA.
The legal basis for the processing necessary to safeguard our legitimate interests is Art. 6 para. 1 lit. f DSGVO.
The processing of data for purposes other than those for which they were collected is governed by the provisions of Art. 6 para. 4 DSGVO.
The processing of special categories of data (in accordance with Art. 9 para. 1 DSGVO) is governed by the provisions of Art. 9 para. 2 DSGVO.
We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the varying probability of occurrence and severity of the risk to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the risk.
Such measures shall include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical access to data, as well as access, input, disclosure, safeguarding of availability and segregation of data relating to them. Furthermore, we have established procedures to ensure that data subjects’ rights are exercised, data is deleted, and we respond to data threats. Furthermore, we take the protection of personal data into account as early as the development and selection of hardware, software and processes, in accordance with the principle of data protection through technology design and data protection-friendly default settings.
Cooperation with contract processors, jointly responsible parties and third parties
If, in the course of our processing, we disclose data to other persons and companies (processors, jointly responsible parties or third parties), transfer it to them or otherwise grant them access to the data, this is only done on the basis of a legal authorization (e.g. if the data must be transferred to third parties, such as payment service providers, in order to fulfill a contract), users have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosters, etc.).
If we disclose, transmit or otherwise grant access to data to other companies in our group of companies, this is done in particular for administrative purposes as a legitimate interest and, moreover, on a basis that complies with the legal requirements.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA) or the Swiss Confederation) or if this is done in the context of using the services of third parties or disclosure or transfer of data to other persons or companies, this will only take place if it is done to fulfil our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to express consent or contractually required transfer, we process or allow data to be processed only in third countries with a recognised level of data protection, including the US processors certified under the ‘privacy shield’ or on the basis of special guarantees, such as contractual obligations through so-called standard protection clauses of the EU Commission, the existence of certifications or binding internal data protection regulations (Art. 44 to 49 DSGVO, information page of the EU Commission).
Rights of data subjects
You have the right to obtain confirmation as to whether or not data in question is being processed and to obtain information on such data, as well as further information and a copy of the data in accordance with legal requirements.
You have the right to request, in accordance with the law, the completion of the data concerning you or the rectification of inaccurate data concerning you.
You have the right to request that data concerning you be deleted immediately in accordance with the legal requirements or, alternatively, to request a restriction on the processing of the data in accordance with the legal requirements.
You have the right to obtain, in accordance with the law, the data concerning you which you have provided us with and to request that it be communicated to other persons responsible.
You also have the right, in accordance with the statutory provisions, to lodge a complaint with the competent supervisory authority.
Right of withdrawal
You have the right to revoke any consent given with effect for the future.
Right of objection
You can object to the future processing of data concerning you in accordance with the legal requirements at any time. The objection may in particular be made against processing for the purposes of direct advertising.
Cookies and right of objection for direct advertising
“Cookies” are small files that are stored on the user’s computer. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, for example, the contents of a shopping cart in an online shop or a login status can be stored. Cookies are described as “permanent” or “persistent” if they remain stored even after the browser is closed. For example, the login status can be saved if the user visits it after several days. Likewise, the interests of the users can be stored in such a cookie, which are used for range measurement or marketing purposes. Third-party cookies” are cookies that are offered by providers other than the person responsible for operating the online service (otherwise, if they are only the cookies of this person, they are called “first-party cookies”).
If users do not wish cookies to be stored on their computer, they are requested to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
Deletion of data
The data processed by us will be deleted or restricted in their processing in accordance with the legal requirements. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage obligations.
If the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes make it necessary for you to cooperate (e.g. to give your consent) or to receive other individual notification.
Additionally we process
– Contract data (e.g., subject matter of the contract, duration, customer category).
– Payment data (e.g., bank details, payment history)
from our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
Therapeutic services and coaching
We process the data of our clients and interested parties and other clients or contractual partners (uniformly referred to as “clients”) in accordance with Art. 6 Para. 1 lit. b) DSGVO in order to provide them with our contractual or pre-contractual services. The data processed in this context, the nature, scope and purpose of such processing and the necessity of processing it, shall be determined by the underlying contractual relationship. The processed data basically includes the inventory and master data of the clients (e.g. name, address, etc.), as well as contact data (e.g. e-mail address, telephone number, etc.), contractual data (e.g. services used, fees, names of contact persons, etc.) and payment data (e.g. bank details, payment history, etc.).
Within the scope of our services, we may also process special categories of data in accordance with Art. 9 Para. 1 DSGVO, in particular information on the health of clients, if necessary with reference to their sexual life or sexual orientation, ethnic origin or religious or ideological convictions. For this purpose, we obtain, if necessary, according to art. 6 para. 1 lit. a., art. 7, art. 9 para. 2 lit. a. DSGVO and otherwise process the special categories of data for purposes of health care on the basis of Art. 9 Paragraph 2 lit. h. DSGVO, Art. 22 Para. 1 No. 1 b. BDSG.
Insofar as it is necessary for the performance of the contract or legally required, we disclose or transfer the clients’ data within the scope of communication with other specialists, third parties involved in the performance of the contract as necessary or typically, such as billing offices or comparable service providers, insofar as this is necessary for the provision of our services in accordance with Art. 6 Para. 1 lit b. DSGVO, legally according to Art. 6 Paragraph 1 lit. c. DSGVO, our interests or those of our clients in efficient and cost-effective health care as a legitimate interest in accordance with Art. 6 para. 1 lit f. DSGVO or is necessary according to Art. 6 para. 1 lit. d. DSGVO to protect vital interests of clients or another natural person or within the framework of a consent according to Art. 6 para. 1 lit. a., Art. 7 DSGVO.
The data is deleted when the data is no longer necessary for the fulfilment of contractual or statutory duties of care as well as the handling of possible warranty and comparable obligations, whereby the necessity of keeping the data is reviewed every three years; in all other respects, the statutory retention obligations apply.
We process the data of our contractual partners and interested parties as well as other principals, customers, clients, clients or contractual partners (uniformly referred to as “contractual partners”) in accordance with Art. 6 Par. 1 lit. b. DSGVO in order to provide them with our contractual or pre-contractual services. The data processed in this context, the nature, scope and purpose of such processing and the necessity of processing it, shall be determined by the underlying contractual relationship.
The processed data includes the master data of our contractual partners (e.g., names and addresses), contact data (e.g., e-mail addresses and telephone numbers) as well as contract data (e.g., services used, contract contents, contractual communication, names of contact persons) and payment data (e.g., bank details, payment history).
As a matter of principle, we do not process special categories of personal data, unless they are part of a commissioned or contractual processing.
We process data which are necessary for the justification and fulfilment of the contractual services and point out the necessity of their disclosure, if this is not evident to the contractual partners. Disclosure to external persons or companies will only be made if it is necessary within the scope of a contract. When processing the data provided to us within the scope of an order, we act in accordance with the instructions of the client and the legal requirements.
When using our online services, we may store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the interests of the users in protection against misuse and other unauthorized use. As a matter of principle, this data is not passed on to third parties, unless it is necessary to pursue our claims in accordance with Art. 6 Para. 1 lit. f. DSGVO or there is a legal obligation to do so in accordance with Art. 6 Paragraph 1 lit. c. DSGVO.
The data will be deleted when the data is no longer required for the fulfilment of contractual or statutory duties of care or for dealing with any warranty or comparable obligations, whereby the necessity of retaining the data will be reviewed every three years; otherwise the statutory retention obligations apply.
Administration, financial accounting, office organisation, contact management
We process data within the framework of administrative tasks as well as the organisation of our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process within the scope of providing our contractual services. The basis for processing is Art. 6 Par. 1 lit. c. DSGVO, Art. 6 para. 1 lit. f. DSGVO. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose of and our interest in the processing lies in the administration, financial accounting, office organisation, archiving of data, i.e. tasks which serve to maintain our business activities, perform our tasks and provide our services. The deletion of data in relation to contractual services and contractual communication corresponds to the information mentioned in these processing activities.
In doing so, we disclose or transfer data to the financial administration, consultants, such as tax consultants or auditors, as well as other fee agencies and payment service providers.
Furthermore, we store information on suppliers, event organisers and other business partners on the basis of our business interests, e.g. for the purpose of contacting them at a later date. This data, which is mainly company-related, is stored permanently.
Economic analyses and market research
In order to run our business economically, to identify market trends, wishes of the contractual partners and users, we analyse the data available to us on business transactions, contracts, inquiries, etc. In doing so, we process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 para. 1 lit. f. DSGVO, whereby the persons concerned include contractual partners, interested parties, customers, visitors and users of our online offer.
The analyses are carried out for the purpose of business management evaluations, marketing and market research. In doing so, we can take into account the profiles of registered users with information, e.g. on the services they have used. The analyses serve us to increase user-friendliness, to optimise our offer and business efficiency. The analyses serve solely to us and are not disclosed externally, unless they are anonymous analyses with summarized values.
If these analyses or profiles are personal, they will be deleted or made anonymous upon termination by the user, otherwise after two years from the conclusion of the contract. In all other respects, the macroeconomic analyses and general tendency determinations are prepared anonymously wherever possible.
Google Cloud Services
We use the cloud offered by Google and the cloud software services (known as Software as a Service, e.g. Google Suite) for the following purposes: document storage and management, calendar management, emailing, spreadsheets and presentations, sharing documents, content and information with specific recipients or publishing web pages, forms or other content and information, and chatting and participating in audio and video conferences.
The personal data of the users are processed in this context insofar as they become part of the documents and contents processed within the services described or are part of communication processes. This may include, for example, master data and contact details of the users, data on procedures, contracts, other processes and their contents. Google also processes usage data and metadata used by Google for security purposes and service optimization.
In the context of the use of publicly accessible documents, websites or other content, Google may store cookies on the user’s computer for web analysis purposes or to remember user settings.
We use the Google cloud services on the basis of our legitimate interests in accordance with Art. 6 para. 1 lit. f DSGVO in efficient and secure administrative and cooperation processes. Furthermore, processing is carried out on the basis of a contract processing agreement with Google (https://cloud.google.com/terms/data-processing-terms).
You can find further information in the Google data protection declaration (https://www.google.com/policies/privacy) and the security information on Google cloud services (https://cloud.google.com/security/privacy/). You may object to the processing of your data in the Google Cloud in accordance with the statutory provisions. Otherwise, the deletion of data within Google’s cloud services is determined by the other processing operations in which the data is processed (e.g. deletion of data no longer required for contractual purposes or storage of data required for taxation purposes).
Google’s cloud services are offered by Google Ireland Limited. If a transfer to the USA takes place, we refer to the certification of Google USA under the Privacy Shield (https://www.privacyshield.gov/participant?id=a2zt0000000000001L5AAI&status=Aktive) and standard protection clauses (https://cloud.google.com/terms/data-processing-terms).
Microsoft cloud services
We use the cloud offered by Microsoft and cloud software services (so-called Software as a Service, e.g. Microsoft Office) for the following purposes: document storage and management, calendar management, e-mailing, spreadsheets and presentations, exchanging documents, content and information with specific recipients or publishing web pages, forms or other content and information as well as chatting and participating in audio and video conferences.
The personal data of the users are processed in this context insofar as they become part of the documents and contents processed within the services described or are part of communication processes. This may include, for example, master data and contact details of the users, data on procedures, contracts, other processes and their contents. Microsoft also processes usage data and metadata used by Microsoft for security purposes and service optimization.
As part of the use of publicly available documents, web pages or other content, Microsoft may store cookies on the user’s computer for web analysis purposes or to remember user preferences.
We use the Microsoft cloud services on the basis of our legitimate interests in accordance with Art. 6 para. 1 lit. f DSGVO in efficient and secure administration and collaboration processes. Furthermore, processing is carried out on the basis of a contract processing agreement with Microsoft.
You can find further information in the Microsoft data protection declaration (https://privacy.microsoft.com/de-de/privacystatement) and the security notes on Microsoft Cloud Services (https://www.microsoft.com/de-de/trustcenter). You can object to the processing of your data in the Microsoft Cloud in accordance with the legal requirements. In all other respects, the deletion of data within Microsoft’s cloud services is determined by the other processing operations in which the data is processed (e.g., deletion of data no longer required for contractual purposes or storage of data required for taxation purposes).
The Microsoft Cloud Services are offered by Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399 USA. If data processing takes place in the USA, we refer to Microsoft’s certification under the Privacy Shield (https://www.privacyshield.gov/participant?id=a2zt0000000KzNaAAK&status=Active).
When contacting us (e.g. via contact form, e-mail, telephone or via social media), the user’s details will be used to process the contact request and its handling in accordance with Art. 6 Para. 1 lit. b. (within the framework of contractual/pre-contractual relations), Art. 6 para. 1 lit. f. (other requests) DSGVO are processed… User data may be stored in a Customer Relationship Management System (“CRM System”) or comparable request organisation.
We will delete the enquiries if they are no longer required. We check the necessity every two years; furthermore the legal archiving obligations apply.
Google will use this information on our behalf to evaluate the use of our website by users, to compile reports on the activities within this website and to provide us with further services related to the use of this website and the internet. The processed data can be used to create pseudonymous user profiles of the users.
We only use Google Analytics with activated IP anonymisation. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transferred to a Google server in the USA and shortened there.
The IP address transmitted by the user’s browser is not merged with other Google data. Users can prevent the storage of cookies by adjusting their browser software accordingly; users can also prevent the collection of data generated by the cookie and related to their use of the online offer to Google and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
If we ask the users for their consent (e.g. in the context of a cookie consent), the legal basis for this processing is Art. 6 para. 1 lit. a. DSGVO. Otherwise, the personal data of the users will be processed on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) will be processed.
Insofar as data is processed in the USA, we would like to point out that Google is certified under the Privacy Shield Agreement and thereby assures that it complies with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
The personal data of users will be deleted or anonymised after 14 months.
Social media online presence
We maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services.
We point out that user data may be processed outside the European Union. This can result in risks for the users, because the enforcement of the users’ rights could be made more difficult. With regard to US providers who are certified under the Privacy-Shield, we would like to point out that they thereby undertake to comply with the data protection standards of the EU.
Furthermore, user data is generally processed for market research and advertising purposes. For example, user profiles can be created from the user behaviour and the resulting interests of the users. The user profiles can in turn be used, for example, to place advertisements inside and outside the platforms that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the users’ computers, in which the usage behaviour and interests of the users are stored. Furthermore, data can also be stored in the user profiles independently of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).
The processing of users’ personal data is based on our legitimate interests in effective user information and communication with users in accordance with Art. 6 Para. 1 lit. f. DSGVO. If the users are asked by the respective providers of the platforms to give their consent to the aforementioned data processing, the legal basis of the processing is Art. 6 para. 1 lit. a., Art. 7 DSGVO.
For a detailed presentation of the respective processing and the possibilities of objection (opt-out), we refer to the following linked information of the providers.
Also in the case of requests for information and the assertion of user rights, we point out that these can be asserted most effectively with the providers. Only the providers have access to the data of the users and can directly take appropriate measures and provide information. Should you nevertheless need help, please contact us.
Integration of third party services and content
Within our online offer, we set the following priorities on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO), we use content or service offers from third parties in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”).
This always presupposes that the third-party providers of such content are aware of the IP address of the users, as without the IP address they would not be able to send the content to their browsers. The IP address is therefore required to display this content. We make every effort to use only such content whose respective providers use the IP address only to deliver the content. Third party providers may also use so-called pixel tags (invisible graphics, also known as “Web Beacons”) for statistical or marketing purposes. Pixel tags can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may contain technical information about the browser and operating system, referring web pages, visiting time and other details about the use of our online offer, as well as being linked to such information from other sources.