Privacy Policy

We are very pleased about your interest in our company. Data protection is particularly important to the management of the Helferkreis für Mutter und Kind e. V. The use of the internet pages of the Helferkreis für Mutter und Kind e. V. is generally possible without providing any personal data. However, if a data subject wishes to use special services provided by our company via our website, processing of personal data may become necessary. If processing of personal data is required and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, for example, the name, address, email address or telephone number of a data subject, always takes place in accordance with the General Data Protection Regulation and in line with the applicable national data protection regulations for the Helferkreis für Mutter und Kind e. V. Through this privacy policy, our company aims to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed of their rights through this privacy policy.

The Helferkreis für Mutter und Kind e. V. has implemented numerous technical and organizational measures as the data controller to ensure the most complete protection of the personal data processed through this website. However, internet-based data transfers can generally have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example, by telephone.

1. Definitions

The privacy policy of the Helferkreis für Mutter und Kind e. V. is based on the terminology used by the European legislator when adopting the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for the public, as well as for 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 is 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, particularly by reference to an identifier such as a name, an identification number, location data, an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

  • b)    Data subject

    A data subject is any identified or identifiable natural person whose personal data is processed by the data controller.

  • c)    Processing

    Processing is any operation or set of operations performed on personal data, whether by automated means or not, such as the collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, restriction, deletion, 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 is any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects related 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)     Pseudonymization

    Pseudonymization is the processing of personal data in such a way 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 subject to technical and organizational measures that ensure that the personal data is not attributed to an identified or identifiable natural person.

  • g)    Controller or data controller

    The controller or data controller is the natural or legal person, authority, agency, or other body that 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 prescribed by Union law or the law of the Member States, the controller or controllers may be designated by specific criteria laid down in Union law or the law of the Member States.

  • h)    Processor

    A processor is a natural or legal person, authority, agency, or other body that processes personal data on behalf of the controller.

  • i)      Recipient

    A recipient is a natural or legal person, authority, agency, or other body to whom personal data is disclosed, whether a third party or not. Authorities that may receive personal data under a specific inquiry in accordance with Union law or the law of the Member States are not considered recipients.

  • j)      Third party

    A third party is a natural or legal person, authority, agency, or other body other than the data subject, the controller, the processor, and the persons who, under the direct authority of the controller or the processor, are authorized to process personal data.

  • k)    Consent

    Consent is any freely given, specific, informed and unambiguous indication of the data subject's wishes, by which they signify agreement to the processing of personal data relating to them, by means of a statement or a clear affirmative action.

2. Name and address of the controller

The controller within the meaning of the General Data Protection Regulation, other applicable data protection laws in the Member States of the European Union and other provisions with data protection character is:

Helferkreis für Mutter und Kind e. V.

Schwarzwaldstraße 14

79102 Freiburg

Germany

Phone: +49761289700

Email: info@helferkreis-freiburg.de

Website: helferkreis-freiburg.de

3. Cookies

The websites of the Helferkreis für Mutter und Kind e. V. use cookies. Cookies are text files that are placed and 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 string of characters that allows websites and servers to be assigned to the specific internet browser in which the cookie is stored. This enables 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 recognized and identified again via the unique cookie ID.

By using cookies, the Helferkreis für Mutter und Kind e. V. can provide users of this website with user-friendly services that would not be possible without the setting of cookies.

With the use of a cookie, the information and offerings on our website can be optimised in the sense of the user. Cookies enable us, as already mentioned, to recognise the users of our website. The purpose of this recognition is to make it easier for users to use our website. A user of a website that uses cookies does not have to enter their access data every time they visit the website, since this is taken over by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping basket in the online shop. The online shop remembers the items that a customer has placed in the virtual shopping basket via a cookie.

The data subject can prevent the setting of cookies through our website at any time by means of a corresponding setting in the internet browser used and can thus permanently object to the setting of cookies. Furthermore, already set cookies can 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 used internet browser, it may not be possible to use all functions of our website to the full extent.

4. Collection of general data and information

The website of the Helferkreis für Mutter und Kind e. V. collects a series of general data and information with each invocation of the website by a data subject or an automated system. This general data and information are stored in the log files of the server. The following data may be collected: (1) the types and versions of the browser used, (2) the operating system used by the accessing system, (3) the website from which an accessing system arrives at our website (so-called referrer), (4) the sub-websites that 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, the Helferkreis für Mutter und Kind e. V. does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the contents of our website correctly, (2) optimize the content of our website and the advertisements for these, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. The anonymised data and information collected are therefore evaluated by the Helferkreis für Mutter und Kind e. V. on the one hand statistically and furthermore with the aim of increasing data protection and data security in our company to ultimately ensure an optimal level of protection for the personal data we process. The anonymised data from the server log files are stored separately from all personal data provided by a data subject.

5. Routine deletion and blocking of personal data

The controller processes and stores personal data of the data subject only for the period necessary to achieve the storage purpose or to the extent that this is provided for by the European legislator and other legislators in laws or regulations to which the controller is subject.

If the storage purpose no longer applies or if a prescribed storage period by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the legal requirements.

6. Rights of the data subject

  • a)    Right of confirmation

    Every data subject has the right granted by the European legislator to request from the controller confirmation as to whether personal data concerning them is being processed. If a data subject wishes to exercise this confirmation right, they can contact any employee of the controller at any time.

  • b)    Right of access

    Every person affected by the processing of personal data has the right granted by the European legislator to obtain at any time from the controller free information about the personal data stored about them and a copy of this information. Furthermore, the European legislator has granted the data subject the following information:

    • the purposes of processing
    • the categories of personal data being processed
    • the recipients or categories of recipients to whom the personal data have been disclosed or will be disclosed, particularly in the case of recipients in third countries or international organizations
    • where applicable, the planned duration for which the personal data will be stored, or, if not possible, the criteria for determining this duration
    • the existence of the right to rectification or erasure of personal data concerning them or to the restriction of processing by the controller or a right to object to this processing
    • the existence of a right to lodge a complaint with a supervisory authority
    • if the personal data is not collected from the data subject: all available information about the origin of the data
    • the existence of automated decision-making, including profiling in accordance with Article 22(1) and (4) GDPR and — at least in these cases — meaningful information about the logic involved and the significance and the intended consequences of such processing for the data subject

    Furthermore, the data subject has the right to be informed whether personal data has been transferred to a third country or an international organization. If this is the case, the data subject additionally has the right to obtain information about the appropriate safeguards in connection with the transfer.

    If a data subject wishes to exercise this right of access, they can contact any employee of the controller at any time.

  • c)    Right to rectification

    Every person affected by the processing of personal data has the right granted by the European legislator to request the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right to request, taking into account the purposes of the processing, the completion of incomplete personal data — also by means of a supplementary statement.

    If a data subject wishes to exercise this right to rectification, they can contact any employee of the controller at any time.

  • d)    Right to deletion (right to be forgotten)

    Every person affected by the processing of personal data has the right granted by the European legislator to request from the controller the immediate deletion of personal data concerning them, provided that one of the following grounds applies and the processing is not necessary:

    • The personal data have been collected for such purposes or processed in any other way that are no longer necessary.
    • The data subject revokes their consent on which the processing is based under Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal basis for the processing.
    • The data subject objects to the processing pursuant to Article 21(1) GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
    • The personal data have been processed unlawfully.
    • The deletion of the personal data is necessary for compliance with a legal obligation under Union law or the law of the Member States 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) GDPR.

    If one of the above reasons applies and a data subject wants to request deletion of personal data stored by the Helferkreis für Mutter und Kind e. V., they can contact any employee of the controller at any time. The employee of the Helferkreis für Mutter und Kind e. V. will ensure that the deletion request is complied with immediately.

    If the personal data have been made public by the Helferkreis für Mutter und Kind e. V. and our company is obliged to delete the personal data as the controller in accordance with Article 17(1) GDPR, the Helferkreis für Mutter und Kind e. V. will take into account the available technology and the implementation costs to take appropriate measures, including technical measures, to inform other controllers that process the published personal data that the data subject has requested the deletion of all links to these personal data or copies or replications of these personal data, as far as the processing is not necessary. The employee of the Helferkreis für Mutter und Kind e. V. will take the necessary steps in each individual case.

  • e)    Right to restriction of processing

    Every person affected by the processing of personal data has the right granted by the European legislator to request the restriction of processing from the controller if 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 and the data subject opposes the deletion of the personal data and requests instead the restriction of the use of the personal data.
    • The controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the establishment, exercise or defence of legal claims.
    • The data subject has lodged an objection to the processing pursuant to Article 21(1) GDPR and it has not yet been established whether the legitimate grounds of the controller override those of the data subject.

    If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by the Helferkreis für Mutter und Kind e. V., they can contact any employee of the controller at any time. The employee of the Helferkreis für Mutter und Kind e. V. will implement the restriction of processing.

  • f)     Right to data portability

    Every person affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit those data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR and the processing is carried out by automated means, provided that 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 their right to data portability according to Article 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.

    To exercise the right to data portability, the data subject may contact any employee of the Helferkreis für Mutter und Kind e. V. at any time.

  • g)    Right to object

    Every person affected by the processing of personal data has the right granted by the European legislator to object at any time to the processing of personal data concerning them on grounds relating to their particular situation, which is based on Article 6(1)(e) or (f) GDPR. This applies also to profiling based on these provisions.

    In the case of an objection, the Helferkreis für Mutter und Kind e. V. will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing is for the establishment, exercise or defence of legal claims.

    If the Helferkreis für Mutter und Kind e. V. processes personal data for direct marketing purposes, the data subject has the right at any time to object to the processing of personal data for the purpose of such marketing. This applies also to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Helferkreis für Mutter und Kind e. V. regarding the processing for direct marketing purposes, the Helferkreis für Mutter und Kind e. V. will no longer process their personal data for these purposes.

    Furthermore, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them, which is carried out by the Helferkreis für Mutter und Kind e. V. for scientific or historical research purposes or for statistical purposes in accordance with Article 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

    To exercise the right to object, the data subject can directly contact any employee of the Helferkreis für Mutter und Kind e. V. or another employee. The data subject is also free to exercise their right to object with regard to the use of services of the information society, notwithstanding Directive 2002/58/EC, by automated means which use technical specifications.

  • h)    Automated decisions in individual cases, including profiling

    Every person 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 — that produces legal effects concerning them or similarly significantly affects them, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is permitted by legislation of the Union or of the Member States to which the controller is subject and that legislation provides for 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) is based on the data subject's explicit consent, the Helferkreis für Mutter und Kind e. V. will implement suitable measures to safeguard the rights and freedoms and legitimate interests of the data subject, at least the right to obtain human intervention on the part of the controller, to present their own point of view and to contest the decision.

    If a data subject wishes to assert rights regarding automated decisions, they can contact any employee of the controller at any time.

  • i)      Right to withdraw consent to data processing

    Every person affected by the processing of personal data has the right granted by the European legislator to withdraw their consent to the processing of personal data at any time.

    If a data subject wishes to exercise their right to withdraw consent, they can contact any employee of the controller at any time.

7. Legal basis for processing

Article 6(1)(a) GDPR serves as the legal basis 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 a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Article 6(1)(b) GDPR. The same applies to such processing operations that are necessary for the carrying out of pre-contractual measures, for example, in the case of inquiries regarding our products or services. If our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Article 6(1)(c) GDPR. In exceptional cases, processing of personal data may be necessary to protect vital interests of the data subject or another natural person. This would be the case if a visitor were injured at our premises and their name, age, health insurance data or other vital information had to be disclosed to a doctor, a hospital, or other third parties. Then the processing would be based on Article 6(1)(d) GDPR. Ultimately, processing operations could be based on Article 6(1)(f) GDPR. This legal basis is used for processing operations not covered by any of the aforementioned legal bases, if the processing is necessary for the purposes of the legitimate interests pursued by our company or a third party, provided that the interests, fundamental rights, and freedoms of the data subject do not override those interests. Such processing operations are particularly permitted because they were explicitly mentioned by the European legislator. In this regard, he took the view that a legitimate interest could be presumed if the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR).

8. Legitimate interests in processing pursued by the controller or a third party

If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is to conduct our business activities for the benefit of the well-being of all our employees and our shareholders.

9. Duration for which the personal data will be stored

The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data will routinely be deleted, provided they are no longer required for the fulfilment of the contract or for the initiation of a contract.

10. Legal or contractual provisions on the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide personal data; potential consequences of non-provision

We inform you that the provision of personal data is partly required by law (e.g., tax regulations) or may also result from contractual arrangements (e.g., information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a data subject provides us with personal data, which we then have to process. For example, the data subject is obliged to provide us with personal data when our company concludes a contract with them. Failure to provide personal data would result in the consequence that no contract could be concluded with the data subject. Before providing personal data, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract, whether there is an obligation to provide the personal data, and which consequences failure to provide the personal data may entail.

11. Existence of automated decision-making

As a responsible company, we refrain from automatic decision-making or profiling.

Developed by the LegalTech specialists at Willing & Able, who also developed the system for electronic contracts. The texts of the privacy policy generator were created and published by Prof. Dr. h.c. Heiko Jonny Maniero and lawyer Christian Solmecke.