PRIVACY POLICY

Privacy policy

1. introduction

With the following information, we would like to give you as a "data subject" an overview of the processing of your personal data by us and your rights under data protection laws. It is generally possible to use our website without entering personal data. However, if you wish to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain your consent.

The processing of personal data, such as your name, address or e-mail address, is always carried out in accordance with the General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations applicable to "Mäckler Architekten GmbH". By means of this data protection declaration, we would like to inform you about the scope and purpose of the personal data we collect, use and process.

As the controller, we have implemented numerous technical and organizational measures to ensure the most complete protection possible for personal data processed via this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, you are free to transmit personal data to us by alternative means, for example by telephone or post.

You can also take simple and easy-to-implement measures to protect yourself against unauthorized access to your data by third parties. We would therefore like to give you some tips on how to handle your data securely:

l Protect your account (login, user or customer account) and your IT system (computer, laptop, tablet or mobile device) with secure passwords.

l Only you should have access to the passwords.

l Make sure that you only use your passwords for one account at a time (login, user or customer account).

l Do not use one password for different websites, applications or online services.

l In particular, when using publicly accessible IT systems or IT systems shared with other people, the following applies: You should definitely log out after each login to a website, an application or an online service.

Passwords should be at least 12 characters long and should be chosen in such a way that they cannot be easily guessed. Therefore, they should not contain common words from everyday life, one's own names or names of relatives, but upper and lower case, numbers and special characters.

2. Controller

The controller within the meaning of the GDPR is:

Mäckler Architekten GmbH

Schaumainkai 101, 60596 Frankfurt am Main, Germany

Representative of the person responsible: Prof. Christoph Heinrich Mäckler

3. Data protection officer

You can reach our data protection officer at datenschutzbeauftragter@chm.de or at our postal address with the addition "Data Protection Officer".

4. Definitions

The data protection declaration is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy is intended to 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 terms used in advance.

We use the following terms in this Privacy Policy, among others:

1. Personal data

Personal data is any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

2. Data subject

Data subject is any identified or identifiable natural person whose personal data is processed by the controller (our company).

3. Processing

Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination; the restriction, deletion or destruction.

4. Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.

5. Profiling

Profiling is any type of automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person's work performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

6. Pseudonymization

Pseudonymisation 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 is subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person become.

7. Processors

Processor means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.

8. Recipients

The recipient is a natural or legal person, public authority, agency or other body to which personal data is disclosed, whether or not it is a third party. However, public authorities that may receive personal data in the context of a specific investigative mandate under Union or Member State law are not considered recipients.

9. Third Party

Third party means a natural or legal person, public 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 authorised to process the personal data.

10. Consent

Consent means any freely given, specific, informed and unambiguous indication of the data subject's wishes in the form of a statement or other unambiguous affirmative action by which the data subject signifies that he or she agrees to the processing of personal data concerning him/her.

5. Legal basis for processing

Art. 6 para. 1 lit. a) GDPR (in conjunction with § 25 para. 1 TDDDG (formerly TTDSG)) serves our company as the legal basis for processing operations in 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 you are a party, as is the case, for example, in the case of processing operations necessary for the supply of goods or the provision of any other service or consideration, the processing is based on Art. 6 (1) (b) GDPR. The same applies to such processing operations that are necessary to carry out pre-contractual measures, such as in cases of enquiries about our products or services.

If our company is subject to a legal obligation that requires the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6 (1) (c) GDPR.

In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, a hospital or other third parties. In that case, the processing would be based on Art. 6 (1) (d) GDPR.

Ultimately, processing operations could be based on Art. 6 (1) (f) GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, he took the view that a legitimate interest could be assumed if you are a customer of our company (Recital 47 sentence 2 GDPR).

Our offer is basically aimed at adults. Persons under the age of 16 may not transmit personal data to us without the consent of their parents or guardians. We do not request, collect or share personal information with children and adolescents.

6. Transfer of data to third parties

Your personal data will not be transferred to third parties for purposes other than those listed below.

We will only share your personal information with third parties if:

1. you have given us your express consent to do so in accordance with Art. 6 (1) (a) GDPR,

2. the disclosure is permissible in accordance with Art. 6 (1) (f) GDPR to protect our legitimate interests and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data,

3. in the event that there is a legal obligation for the transfer pursuant to Art. 6 (1) (c) GDPR, and

4. this is legally permissible and necessary in accordance with Art. 6 (1) (b) GDPR for the processing of contractual relationships with you.

In order to protect your data and, if necessary, to enable us to transfer data to third countries (outside the EU/EEA), we have concluded data processing agreements based on the European Commission's Standard Contractual Clauses. If the standard contractual clauses are not sufficient to establish an adequate level of security, your consent can serve as the legal basis for the transfer to third countries in accordance with Art. 49 (1) (a) GDPR. This sometimes does not apply to data transfers to third countries for which the European Commission has issued an adequacy decision pursuant to Art. 45 GDPR.

Your personal data will not be transferred to third parties for purposes other than those listed below.

We will only share your personal information with third parties if:

1. you have given us your express consent to do so in accordance with Art. 6 (1) (a) GDPR,

3. in the event that there is a legal obligation for the transfer pursuant to Art. 6 (1) (c) GDPR, and

4. this is legally permissible and necessary in accordance with Art. 6 (1) (b) GDPR for the processing of contractual relationships with you.

As part of the processing operations described in this Privacy Policy, personal data may be transferred to the United States. Companies in the USA only have an adequate level of data protection if they have certified themselves under the EU-US Data Privacy Framework and thus the adequacy decision of the EU Commission pursuant to Art. 45 GDPR applies. We have explicitly stated this in the privacy policy of the service providers concerned. To protect your data in all other cases, we have entered into order processing agreements based on the European Commission's Standard Contractual Clauses. If the standard contractual clauses are not sufficient to establish an adequate level of security, your consent can serve as the legal basis for the transfer to third countries in accordance with Art. 49 (1) (a) GDPR. This sometimes does not apply to data transfers to third countries for which the European Commission has issued an adequacy decision pursuant to Art. 45 GDPR.

7. Technology

7.1 SSL/TLS Encryption

This site uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login data or contact requests that you send to us as the operator. You can recognize an encrypted connection by the fact that there is a "https://" instead of a "http://" in the address bar of the browser and by the lock symbol in your browser line.

We use this technology to protect the information you transmit.

7.2 Data collection when visiting the website

If you use our website for informational purposes only, if you do not register or otherwise transmit information to us or do not give consent to processing that requires consent, we will only collect data that is technically absolutely necessary for the provision of the service. This is regularly data that your browser transmits to our server ("in so-called server log files"). Our website collects a series of general data and information every time you or an automated system accesses a page. This general data and information is stored in the log files of the server. The following can be recorded:

1. browser types and versions used,

2. the operating system used by the accessing system,

3. the website from which an accessing system reaches our website (so-called referrers),

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 (IP) address, and,

7. the Internet service provider of the accessing system.

When using this general data and information, we do not draw any conclusions about your person. Rather, this information is needed to:

1. deliver the content of our website correctly,

2. to optimise the content of our website and the advertising for it,

3. to ensure the long-term functionality of our IT systems and the technology of our website, and

4. to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack.

This data and information collected is therefore evaluated by us statistically on the one hand and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The data of the server log files are stored separately from all personal data provided by a data subject.

The legal basis for data processing is Art. 6 para. 1 sentence 1 lit. f) GDPR. Our legitimate interest follows from the purposes of data collection listed above.

8. Cookies

8.1 General information about cookies

Cookies are small files that are automatically created by your browser and stored on your IT system (laptop, tablet, smartphone, etc.) when you visit our website.

The cookie stores information that results from the connection with the specific device used. However, this does not mean that we will immediately become aware of your identity.

The use of cookies serves to make the use of our offer more pleasant for you. For example, we use so-called session cookies to recognise that you have already visited individual pages of our website. These are automatically deleted after leaving our site.

In addition, we also use temporary cookies to optimize user-friendliness, which are stored on your device for a certain set period of time. If you visit our site again to use our services, it will automatically recognize that you have already been with us and which entries and settings you have made so that you do not have to enter them again.

On the other hand, we use cookies to statistically record the use of our website and to evaluate our offer for you for the purpose of optimisation. These cookies allow us to automatically recognise that you have already visited our website when you visit it again. The cookies set in this way are automatically deleted after a defined period of time. The respective storage period of the cookies can be found in the settings of the consent tool used.

8.2 Legal basis for the use of cookies

The data processed by the cookies, which are required for the proper functioning of the website, are therefore necessary to protect our legitimate interests as well as those of third parties in accordance with Art. 6 (1) (f) GDPR.

For all other cookies, you have given your consent to this within the meaning of Art. 6 (1) (a) GDPR via our opt-in cookie banner.

8.3 Borlabs Cookie (Consent Management Tool)

We use the WordPress cookie plugin "Borlabs Cookie" from Borlabs GmbH, Rübenkamp 32, 22305 Hamburg, Germany. This service allows us to obtain and manage the consent of website users to process data.

Borlabs Cookie uses cookies to collect data generated by end users who use our website. When an end user gives consent, the following data is automatically logged, among others:

l Cookie runtime,

l Cookie Version,

l Domain and path of the WordPress site,

l Selection in the cookie banner,

l UID (a randomly generated ID),

The consent status is also stored in the end-user's browser, allowing the website to automatically read and follow the end-user's consent for all subsequent page requests and future end-user sessions for up to 12 months. The consent data (consent and withdrawal of consent) will be stored for three years. The retention period corresponds to the regular limitation period according to § 195 BGB. The data will then be deleted immediately.

The functionality of the website is not guaranteed without the processing described. There is no possibility of objection on the part of the user as long as there is a legal obligation to obtain the user's consent to certain data processing operations, Art. 7 para. 1, 6 para. 1 sentence 1 lit. c) GDPR.

The collected data will not be forwarded to Borlabs GmbH, nor will it have access to it.

For more information, please visit: https://de.borlabs.io/borlabs-cookie/.

9. Our activities on social networks

In order for us to be able to communicate with you in social networks and inform you about our services, we have our own pages there. If you visit one of our social media pages, we are jointly responsible for the processing with the provider of the respective social media platform with regard to the processing operations triggered by it, within the meaning of Art. 26 GDPR.

We are not the original provider of these pages, but only use them within the scope of the possibilities offered to us by the respective providers.

Therefore, as a precautionary measure, we would like to point out that your data may also be processed outside the European Union or the European Economic Area. Use may therefore be associated with data protection risks for you, as the protection of your rights, e.g. to information, deletion, objection, etc., could be more difficult and the processing in the social networks is often carried out directly for advertising purposes or for the analysis of user behaviour by the providers, without this being influenced by us. If the provider creates user profiles, cookies are often used or the usage behaviour is assigned to the social network member profile created by you.

The described processing of personal data is carried out in accordance with Art. 6 para. 1 lit. f) GDPR on the basis of our legitimate interest and the legitimate interest of the respective provider in order to communicate with you in a contemporary manner or to provide you with the right information. To be able to inform you about our services. If you have to give your consent to data processing as a user with the respective providers, the legal basis refers to Art. 6 (1) (a) GDPR in conjunction with Art. 7 GDPR.

Since we do not have access to the data stocks of the providers, we would like to point out that it is best to assert your rights (e.g. to information, correction, deletion, etc.) directly with the respective provider. We have listed further information on the processing of your data in the social networks below at the respective social network provider we use:

9.1 Facebook

(Co-) Data Controller in Europe:

Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Irland

https://www.facebook.com/about/privacy

9.2 Instagram

(Co-) Responsible for data processing in Germany:

Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Irland

https://instagram.com/legal/privacy/

9.3 LinkedIn

(Co-) Data Controller in Europe:

LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Irland

https://www.linkedin.com/legal/privacy-policy

10. Plugins and other services

10.1 Adobe Typekit

We use Adobe Typekit for the visual design of our website. Typekit is operated by Adobe Systems Software Ireland Ltd., 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland. By using Typekit, we are granted access to a font library on Adobe servers (headquartered in the United States). In order to integrate the fonts we use, your browser establishes a connection to an Adobe server in the USA in order to dynamically download the font required for our website. Adobe receives the information that our website has been accessed from your IP address.

These processing operations are carried out exclusively upon the granting of explicit consent in accordance with Art. 6 (1) (a) GDPR.

The parent company Adobe Inc. is certified as a US company under the EU-US Data Privacy Framework. This is an adequacy decision in accordance with Art. 45 GDPR, so that a transfer of personal data may also take place without further guarantees or additional measures.

You can view Typekit's privacy policy at: https://www.adobe.com/privacy/policies/adobe-fonts.html.

10.2 Vimeo (Videos)

Plugins from the video portal Vimeo of Vimeo, LLC, 555 West 18th Street, New York, New York 10011, USA are integrated into our website. When you access a page of our website that contains such a plugin, your browser establishes a direct connection to Vimeo's servers. The content of the plugin is transmitted directly to your browser by Vimeo and integrated into the page. Through this integration, Vimeo receives the information that your browser has called up the corresponding page of our website, even if you do not have a Vimeo account or are not currently logged in to Vimeo. This information (including your IP address) is transmitted by your browser directly to a Vimeo server in the USA and stored there.

If you are logged in to Vimeo, Vimeo can directly assign your visit to our website to your Vimeo account. When you interact with the plugins (such as pressing the start button of a video), this information is also transmitted directly to a Vimeo server and stored there.

If you do not want Vimeo to assign the data collected via our website directly to your Vimeo account, you must log out of Vimeo before visiting our website.

For videos from Vimeo that are integrated into our site, the Google Analytics tracking tool is automatically integrated. This is Vimeo's own tracking, to which we have no access and which cannot be influenced by our side. Google Analytics uses so-called "cookies" for tracking, which are text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.

These processing operations are carried out exclusively upon the granting of explicit consent in accordance with Art. 6 (1) (a) GDPR.

You can view Vimeo's privacy policy at: https://vimeo.com/privacy.

11. Your rights as a data subject

11.1 Right to confirmation

You have the right to request confirmation from us as to whether personal data concerning you is being processed.

11.2 Right to information Art. 15 GDPR

You have the right to receive information from us at any time free of charge about the personal data stored about you as well as a copy of this data in accordance with the statutory provisions.

11.3 Right to rectification Art. 16 GDPR

You have the right to request the rectification of inaccurate personal data concerning you. Furthermore, you have the right to request the completion of incomplete personal data, taking into account the purposes of the processing.

11.4 Deletion Art. 17 GDPR

You have the right to demand that the personal data concerning you be deleted without undue delay, provided that one of the reasons provided for by law applies and insofar as the processing or storage is not necessary.

11.5 Restriction of processing Art. 18 GDPR

You have the right to demand that we restrict the processing if one of the legal requirements is met.

11.6 Data portability Art. 20 GDPR

You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from us to whom the personal data has been provided, provided that the processing is based on consent pursuant to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR or on a contract pursuant to Art. 6 (1) (b) GDPR and the processing is carried out using automated processes, 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 us.

Furthermore, when exercising your right to data portability in accordance with Art. 20 (1) GDPR, you have the right to obtain that the personal data is transferred directly from one controller to another controller, insofar as this is technically feasible and provided that the rights and freedoms of other persons are not adversely affected.

11.7 Contradiction Art. 21 DS-GVO

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you that is carried out on the basis of Art. 6 (1) (e) (data processing in the public interest) or f (data processing on the basis of a balancing of interests) GDPR.

This also applies to profiling based on these provisions within the meaning of Art. 4 No. 4 GDPR.

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.

In individual cases, we process personal data in order to conduct direct marketing. You may object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling, insofar as it is related to such direct advertising. If you object to us being processed for direct marketing purposes, we will no longer process the personal data for these purposes.

In addition, you have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you that we carry out for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 (1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

Notwithstanding Directive 2002/58/EC, you are free to exercise your right to object to the use of information society services by means of automated procedures using technical specifications.

11.8 Revocation of consent under data protection law

You have the right to revoke your consent to the processing of personal data at any time with effect for the future.

11.9 Complaint to a supervisory authority

You have the right to complain to a supervisory authority responsible for data protection about our processing of personal data.

12. Routine storage, deletion and blocking of personal data

We process and store your personal data only for the period necessary to achieve the purpose of storage or if this has been provided for by the legal provisions to which our company is subject.

If the purpose of storage ceases to apply or a prescribed storage period expires, the personal data is routinely blocked or deleted in accordance with the statutory provisions.

13. Duration of storage of personal data

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

14. Up-to-dateness and modification of the privacy policy

This privacy policy is currently valid and has the status of June 2024.

Due to the further development of our websites and offers or due to changed legal or official requirements, it may become necessary to change this data protection declaration. The current data protection declaration can be accessed and printed by you at any time on the website under "https://chm.de/datenschutz-2/".