Name and contact details of the controller
GMC – Gabriele Mühlen Consult
Gabriele Mühlen
Hammerbrookstraße 93
20097 Hamburg
Contact details of the data protection officer
DATATINO GmbH
Kapuzinerstraße 7
80337 Munich
General information on data processing
Scope of the processing of personal data
As a matter of principle, we process personal data of our users only insofar as this is necessary for the provision of a functional website as well as our contents and services. The processing of personal data of our users is regularly only carried out with the consent of the user. An exception applies in those cases where obtaining prior consent is not possible for actual reasons and the processing of the data is required by legal regulations.
Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for processing operations involving personal data, Article 6 (1) sentence 1 lit. a EU General Data Protection Regulation (DSGVO) serves as the legal basis.
When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 p. 1 lit. b Alt.1 DSGVO serves as the legal basis. According to Art. 6 para. 1 sentence 1 lit. b Alt.2 DSGVO, this also applies to processing operations that are necessary for the implementation of pre-contractual measures.
Insofar as the processing of personal data is necessary for the fulfillment of a legal obligation to which our company is subject, Art. 6 para. 1 sentence 1 lit. c DSGVO serves as the legal basis.
In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) p. 1 lit. d DSGVO serves as the legal basis.
If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not override the former interest, Art. 6 (1) p. 1 lit. f DSGVO serves as the legal basis for the processing.
Data deletion and storage period
The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. Storage may take place beyond this if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.
Rights of the data subject
If personal data is processed by you, you are a data subject within the meaning of the GDPR and you are entitled to the following rights against the controller:
Right to information
You may request confirmation from the controller as to whether personal data concerning you are being processed by it.
If such processing is taking place, you may request information from the controller about the following:
The purposes for which the personal data are processed;
the categories of personal data which are processed;
the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
the planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage period;
the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
the existence of a right of appeal to a supervisory authority;
any available information about the origin of the data, if the personal data are not collected from the data subject;
the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases – meaningful information
about the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information about whether the personal data concerning you are transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 DSGVO in connection with the transfer.
Right to rectification
You have a right to rectification and/or completion vis-à-vis the controller if the personal data processed concerning you is inaccurate or incomplete. The controller shall carry out the rectification without undue delay.
Right to restriction of processing
Under the following conditions, you may request the restriction of the processing of personal data concerning you:
if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
the controller no longer needs the personal data for the purposes of processing, but you need them for the establishment, exercise or defense of legal claims; or
if you have objected to the processing pursuant to Article 21 (1) DSGVO and it is not yet clear whether the legitimate grounds of the controller outweigh your grounds.
If the processing of personal data concerning you has been restricted, such data may – apart from being stored – only be processed with your consent or for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
Right to erasure
Obligation to erase
You may request the controller to erase the personal data concerning you without undue delay, and the controller is obliged to erase such data without undue delay, if one of the following reasons applies:
The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed.
You revoke your consent on which the processing was based pursuant to Art. 6 (1) sentence 1 lit. a or Art. 9 (2) lit. a DSGVO and there is no other legal basis for the processing.
You object to the processing pursuant to Art. 21 (1) DSGVO and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) DSGVO.
The personal data concerning you has been processed unlawfully.
The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject. The personal data concerning you has been collected in relation to information society services offered pursuant to Article 8(1) of the GDPR.
Information to third parties
If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.
Exceptions
The right to erasure does not exist to the extent that the processing is necessary
For the exercise of the right to freedom of expression and information;
for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
for reasons of public interest in the area of public health pursuant to Art. 9(2)(h) and (i) and Art. 9(3) DSGVO;
for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) DSGVO, insofar as the right referred to in section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
for the assertion, exercise or defense of legal claims.
Right to information
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right vis-à-vis the controller to be informed about these recipients.
Right to data portability
You have the right to receive the personal data concerning you that you have provided to the controller in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that
the processing is based on consent pursuant to Art. 6 para. 1 sentence 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 sentence 1 lit. b DSGVO and
the processing is carried out with the help of automated procedures.
In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this.
The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Right to object
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6 (1) sentence 1 lit. e or f DSGVO; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.
If the personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purposes of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility, in connection with the use of information society services – notwithstanding Directive 2002/58/EC – to exercise your right to object by means of automated procedures using technical specifications.
Right to revoke your declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
Automated decision in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
is necessary for the conclusion or performance of a contract between you and the controller,
is permitted by legal provisions of the Union or the Member States to which the controller is subject and these legal provisions contain appropriate measures to protect your rights and freedoms as well as your legitimate interests, or
is carried out with your explicit consent.
However, these decisions may not be based on special categories of personal data pursuant to Article 9(1) of the GDPR, unless Article 9(2)(a) or (b) of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.
With regard to the cases referred to in 1. and 3. above, the controller shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.
Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR. The supervisory authority to which the complaint has been submitted will inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.
Provision of the website and creation of log files
1. Description and scope of data processing
Each time our website is called up, our system automatically collects data and information from the computer system of the calling computer.
2. The following data is collected in this context:
Information about the browser type and the version used. The operating system of the user
The user’s Internet service provider
The IP address of the user
Date and time of access
Websites from which the user’s system accesses our website
Web pages that are accessed by the user’s system via our website
This data is stored in the log files of our system. This data is not stored together with other personal data of the user.
3. Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.
The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
These purposes are also our legitimate interest in data processing according to Art. 6 para. 1 p. 1 lit. f DSGVO.
4. Legal basis for data processing
The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 p. 1 lit. f DSGVO.
5. Recipient
The website is hosted on servers by a service provider commissioned by us.
6. Duration of storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
In the case of storage of data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.
7. Possibility of objection and removal
The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.
Contact by e-mail
1. Description and scope of data processing
On our website, it is possible to contact us via the e-mail address provided. In this case, the user’s personal data transmitted with the e-mail will be stored.
2. Purpose of data processing
The data is used exclusively for processing the conversation.
3. Legal basis for data processing
The legal basis for the processing of the data is the legitimate interest Art. 6 para. 1 lit. f Alt.1 DSGVO.
The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f Alt.1 DSGVO.
If the e-mail contact aims at the conclusion of a contract, the legal basis for the processing is Art. 6 para. 1 lit. b Alt.2 DSGVO in connection with the preliminary contract.
4. Duration of storage
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For personal data sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when the circumstances indicate that the matter in question has been conclusively clarified.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
5. Possibility of objection and elimination
The user has the possibility at any time to object to the processing of personal data based on Art. 6 para. 1 lit. f Alt.1 DSGVO. In such a case, the conversation cannot be continued.
For this purpose, please send us an informal e-mail to
info@gabrielemuehlenconsult.com
All personal data stored in the course of contacting us will be deleted in this case.
Contact by telephone
1. Scope of the processing of personal data
On our website, it is possible to contact us via the telephone number provided. In this case, your data, in particular the telephone number, your contact details and your request may be stored in our systems.
2. Purpose of data processing
The data is used for support, for existing customers, or advice on our services, for potential new customers.
3. Legal basis for data processing
In the case of general questions, the legal basis for processing your data is Art. 6 para. 1 lit. f Alt.1 DSGVO.
If the contact is aimed at the conclusion of a contract, the legal basis for processing is Art. 6 para. 1 lit. b Alt.2 DSGVO in conjunction with the preliminary contract.
If you are already a customer and your inquiry relates to the existing contractual relationship, the legal basis is Art. 6 para. 1 lit. b Alt.1 DSGVO.
4. Duration of storage
The data will be deleted as soon as they are no longer required to achieve the purpose.
At the latest, however, after expiry of the statutory retention obligations. Which can be up to 4 years for the present processing.
Use of the contact form
1. Description and scope of data processing
A contact form is available on our website, which can be used for electronic contact. If a user takes advantage of this option, the data entered in the input mask is transmitted to us and stored.
2. Purpose of data processing
The data will be used exclusively for processing the content of your inquiry. This could be for the purpose of conducting pre-contractual discussions, as well as for processing general questions about our offers.
3. Legal basis for data processing
In the case of general questions, the legal basis for processing your data is Art. 6 para. 1 lit. f Alt.1 DSGVO.
If the contact aims at the conclusion of a contract, the legal basis for the processing is Art. 6 para. 1 lit. b Alt.2 DSGVO in conjunction with the preliminary contract.
4. Recipients of the data
Your data will not be passed on to external recipients.
5. Duration of storage
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form, this is the case when the respective conversation with the user has ended. The conversation is ended when it is clear from the circumstances that the matter in question has been conclusively clarified.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
Arranging a consultation appointment
1. Description and scope of data processing
On our homepage we provide you with the option of making an appointment with us via an interactive interface. If you use this functionality, the entered data will be transmitted to us and saved.
2. Purpose of data processing
The processing of personal data serves us solely for the organizational processing of the specific request.
Other personal data processed during the transmission process serve to prevent misuse and to ensure the security of our information technology systems.
3. Legal basis for data processing
The legal basis for the processing of the data is the legitimate interest in Article 6 (1) (f) Alt.1 GDPR. The legitimate interests pursued here are the proper processing and answering of your request or the preparation of the contract negotiation.
If a natural person is to become the contracting party and the contact request is aimed at concluding a contract, the legal basis for processing is Article 6 (1) (b) Alt.2 GDPR.
4. Recipient
To better organize your inquiries, we use the CRM software “HubSpot”, which is operated by HubSpot Inc., 2nd Floor, 25 First Street, Cambridge, MA 02141, USA (hereinafter referred to as HubSpot). For this reason, your data will also be processed on the HubSpot servers, so that HubSpot can be classified as the recipient of your data.
As a company that is based in the USA, this involves transferring your data to a third country.
Part of the order processing contract with HubSpot are so-called EU standard data protection clauses (Art. 46 Para. 2 S. 1 lit. c GDPR). These should be classified as an appropriate guarantee to protect the transfer and processing of personal data outside the EU. A copy of the standard data protection clauses can be requested from us by sending an informal email.
Further information on the processing of the data by HubSpot is available here:
https://legal.hubspot.com/de/privacy-policy
5. Duration of storage
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected and statutory retention periods no longer require the receipt of the data.
6. Possibility of objection and removal
The user has the option to object to the processing of personal data at any time. In such a case, the conversation cannot be continued.
Use of cookies
1. Description and scope of data processing
Our website uses cookies. Cookies are files that are stored in the Internet browser or by the Internet browser on the user’s computer system. When a user accesses a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.
We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.
The user data collected in this way is pseudonymized by technical precautions. Therefore, an assignment of the data to the calling user is no longer possible. The data is not stored together with other personal data of the user.
When calling up our website, the user is informed about the use of cookies for analysis purposes and his consent to the processing of personal data used in this context is obtained. In this context, a reference to this privacy policy is also made.
2. Purpose of data processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page change.
We require cookies for the following applications.
3. Legal basis for data processing
The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 p. 1 lit. f Alt.1DSGVO.
4. Duration of storage, possibility of objection and removal.
Cookies are stored on the user’s computer and transmitted from it to our site. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your Internet browser, you can disable or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.