Data Protection Guidelines

language coach institute, Cäcilia Thiessen-Wetzel, Bauhofstraße 3-5, 04103 Leipzig

0. Preliminary Comments

The protection of your personal data is an important concern to us on which we very intensively focus. Thus, we would like to inform you in detail below of the legal background of the following Data Protection Guidelines:

Among the legal obligations of the operator of a website in accordance with the General Data Protection Regulation (GDPR) is namely, among others, to comprehensively inform the natural persons affected by the data processing procedures on this website of which data are collected, what is done with the data, upon what basis this is done and what rights a person has. Already when accessing the website, personal data are processed–namely the IP addresses of the visitors to the website. When using the contact form and additional functions, additional types of data may be processed.

In the following, we would be glad to fulfil the statutory directive from Art. 13 GDPR to inform the visitors to the website in this regard. In this context, Art. 12 GDPR prescribes a comprehensible and transparent form of depiction which we very much endeavour to provide. If you should nonetheless have comprehension difficulties when reading the following Data Protection Guidelines, please feel free to contact us at any time at:

datenschutz@languagecoach.de

I. Definitions

In the following text, legal terms are used; among others, “Responsible Party”, “Data Processing”, “Contracted Data Processor”, etc. These legal terms have been statutorily defined in Art. 4 No. 1 – 26 GDPR. From our perspective, these legal definitions are generally comprehensible when read carefully. Thus, we utilise the legal definitions below. Below, you will find the most important legal definitions in accordance with Art. 4 GDPR (excerpt from the legal text):

  1. Personal Data: All information which refers to an identified or identifiable natural person (hereafter, “Affected Person”); a natural person shall be regarded to be identifiable who can be identified, directly or indirectly, particularly by means of a categorisation to an identifier such as a name, an identification number, locational data, an online identification number or one or multiple special characteristics which are the expression of the physical, physiological, genetic, psychological, business, cultural or social identity of this natural person;
  2. Processing: Each process implemented with or without the assistance of automated procedures or each such series of processes in conjunction with Personal Data such as the collection, recording, organisation, arrangement, storage, adaptation or modification, reading-out, querying, usage, disclosure by the transmission, dissemination or any other form of supplying, reconciliation or linking, restriction, deletion or destruction;
  3. Responsible Party: The natural or juridical person, government agency, institution or any other party who, solely or collectively with others, makes decisions regarding the purposes and methods of the processing of Personal Data; if the purposes and methods of this processing have been prescribed by the law of the European Union or the law of the member countries, then the Responsible Party and/or the specific criteria of his appointment may be prescribed by the law of the European Union or the law of the member countries;
  4. Recipient: A natural or juridical person, government agency, instruction or any other party to whom Personal Data are disclosed regardless of whether such a party is a third party or not. However, any government agencies which possibly receive Personal Data within the parameters of a specific investigative mandate in accordance with the law of the European Union or the law of the member countries shall nonetheless not be considered to be a recipient; the processing of these data by the aforementioned government agencies shall be done in accordance with the valid data protection guidelines based upon the purposes of the Processing;
  5. Consent of the Affected Person: Each declaration of intention rendered voluntarily for the specific case as well as in an informed and unequivocal manner in the form of a declaration or any other transparent, confirming action by means of which the Affected Person announces that he is in agreement with the Processing of his Personal Data;

II. Responsibility for the Data Processing, Data Protection Officer

The Responsible Party for the data processing (Art. 4 No. 7 GDPR) is:

Name:
Cäcilia Thiessen-Wetzel. language coach institute

Address:
Bauhofstraße 3-5, 04103 Leipzig

Telephone:
+49 (0) 341 / 308 55 06

Telefax:
+49 (0) 341 / 308 55 07

E-Mail:
info@languagecoach.de

We have appointed a Data Protection Officer. His contact data are:

Attorney Dr. Philipp Siedenburg
datenschutz@languagecoach.de

III. An Overview of the Data Processing Procedures on Our Internet Site

Processing procedures:

1. Website
Purpose: Self-presentation
Legal basis: Art. 6 Para. 1 lit. f) GDPR

2. Adobe Typekit
Purpose: Self-presentation

Legal basis: Art. 6 Para. 1 lit. f) GDPR

3. Google Analytics
Purpose: Web analysis

Legal basis: Art. 6 Para. 1 lit. f) GDPR

4. Google Tag Manager
Purpose: Self-presentation

Legal basis: Art. 6 Para. 1 lit. f) GDPR

5. Facebook Pixel
Purpose: Web analysis

Legal basis: Art. 6 Para. 1 lit. f) GDPR

6. Contact Form

Purpose: Initiating contact

Legal basis: Art. 6 Para. 1 lit. a) GDPR

7. Applicant Management

Purpose: Contractual negotiations

Legal basis: Art. 6 Para. 1 lit. b) GDPR

IV. The Individual Data Processing Procedures

Below, you will find the data processing procedures described individually and in detail.

1. Website

We operate our website for the purpose of self-presentation at the URL https://www.languagecoach.de. In this regard, the data of the web site’s visitors shall be processed as follows.

During each accessing of a webpage, the browser installed on a specific device shall send a so-called http request to our host Europe GmbH, Hansestrasse 111,
51149 Cologne. Then specific data shall be automatically transmitted by the webserver to the device’s browser. This data processing is required in order to be able to display an Internet site at all. In addition to the IP address, the data processed upon a standard basis during the displaying of websites shall include the name of the querying website, the file, date and time of day of the retrieval, transferred data quantity, notification of the successful retrieval, browser type in addition to version, the user’s operating system, the referrer URL (previously-visited webpage) and the querying provider.

The legal basis for the data processing procedure that has been discussed in detail is Art. 6 Para. 1 lit. f) GDPR. Our rightful interest in the data processing is the guaranteeing of the integrity, confidentiality and availability of the data which are processed via these Internet pages. You shall have the right–owing to reasons based on your specific situation–to at any time lodge an objection against the processing of your Personal Data (Art. 21 GDPR).

2. Adobe Typekit

On our webpages, we use Adobe Typekit in order to display fonts. The provider is the Adobe Systems Inc. Company, 345 Park Avenue, San Jose, CA 95110-2704, USA (hereafter, “Adobe”). Adobe Typekits enable an optimal depiction of the contents of this website on various browser types (particularly fonts) by accessing a font library. When the website is accessed, the IP addresses of the website visitors are transmitted to Adobe together with the notification that these IP addresses are on our website. The permissibility of the transmission of your IP address to the Adobe servers in the USA is based on the reasons specified below.

The legal basis for the data processing procedures that has been discussed in detail is Art. 6 Para. 1 lit. f) GDPR. Our rightful interest in the usage of Adobe Typekits is a uniform and appealing displaying of our online webpages. You shall have the right–owing to reasons which are based on your specific situation–to at any time lodge an objection against the Processing of your Personal Data (Art. 21 GDPR).

You can find additional information at:

adobe.com/de/privacy/policy.html

3. Google Analytics

On our webpages, we use the Google Analytics web analysis service. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereafter, “Google”). Google Analytics uses so-called “cookies”–text files which are stored on your computer and enable an analysis of your usage of the website. As a rule, the information generated by the cookie regarding your usage of this website is transmitted to a Google server in the USA and stored there. The tracking code has been supplemented by Google on our webpages in such a manner that your IP address is shortened by Google via the last digits before the analysis is conducted. Thus, in principle, it is no longer possible to make inferences about your person as well as to commingle these data with the data which Google already has about you. Only in exceptional cases shall the entire IP address be transmitted to a Google server in the USA and shortened there. By mandate from this website’s operator, Google shall use this information in order to evaluate your usage of the website, in order to compile reports regarding the website activities and in order to render additional services associated with the usage of the website and the Internet to the website’s operator.

We have concluded a contracted data processing agreement with Google.

You can prevent the storage of cookies by correspondingly adjusting the settings on your browser’s software; however, we wish to point out to you that, in this case, you may not be able to comprehensively use all functions of this website. Moreover, you can prevent the collection of the data (including your IP address) generated by the cookie and referring to your usage of the website from being sent to Google as well as the Processing of these data by Google by downloading and installing the browser plug-in that is available by clicking on the following link: https://tools.google.com/dlpage/gaoptout?hl=de

The legal basis for the data processing procedure that has been discussed in detail is Art. 6 Para. 1 lit. f) GDPR. Our rightful interest in the usage of Google Analytics is the analysis of the user behaviour in order to be able to improve our online webpages for our users’ benefit. You shall have the right–owing to reasons based on your specific situation–to at any time lodge an objection against the processing of your Personal Data (Art. 21 GDPR).

You can find additional information in this regard at:
google.de/intl/de/policies/privacy
support.google.com/analytics/answer/6004245?hl=de.

4. Google Tag Manager

On our webpages, we use Google Tag Manager, a tool from Google in order to manage website applications in order to ensure optimal self-presentation. The tool affects the activation of other tags which, on their part, may collect data. Google Tag Manager does not access these data. If a deactivation has been done on the domain or cookie level, this will continue to apply for all tracking tags which have been implemented with Google Tag Manager.

The legal basis for the data processing procedure that has been discussed in detail is Art. 6 Para. 1 lit. f) GDPR. Our rightful interest in the usage of Google Tag Manager is the easy utilisation of the applications on our website for the purposes of self-presentation. You shall have the right–owing to reasons based on your specific situation–to at any time lodge an objection against the Processing of your Personal Data (Art. 21 GDPR).

You can find additional information in this regard at:
google.de/intl/de/policies/privacy
google.com/intl/de/tagmanager

5. Facebook Pixel

In order to measure the conversions, our website uses the visitor action pixel from Facebook, Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (hereafter, “Facebook”). Via this service, the behaviour of the website visitors can be tracked after they have been guided to our website by clicking on a Facebook ad. Thus, the effectiveness of the Facebook ads can be evaluated for statistical and market research purposes and future advertising measures can be optimised.

The collected data are anonymous for us as the operator of this website. We can draw no inferences regarding the identity of the users. However, the data shall be stored and processed by Facebook so that a correlation to the respective user profile is possible and Facebook can use the data for its own advertising purposes in accordance with Facebook’s Data Usage Guidelines. Thus, Facebook can enable the activation of ads on Facebook’s webpages as well as on other webpages as well. As the website operator, we cannot influence this usage of data.

The usage of Facebook Pixel is done upon the basis of Art. 6 Para. 1 lit. f) GDPR. Our rightful interest in the usage lies in effective advertising measures including the social media. You shall have the right–owing to reasons based on your specific situation–to at any time lodge an objection against the Processing of your Personal Data (Art. 21 GDPR).

You can find additional information in this regard at:
de-de.facebook.com/about/privacy

6. Contact Form

Our website offers the option of initiating electronic contact via a contact form. If a web site visitor initiates contact with us via the form, the name, the e-mail address, the telephone number and the actual inquiry shall be transmitted and stored by us.

The legal basis for the data processing in conjunction with the contact form is Art. 6 Para. 1 lit. a) GDPR. You may revoke your consent at any time with effectiveness for the future. In this regard, it is best to write us an e-mail at:

datenschutz@languagecoach.de

The legality of the data processing done until you revoke your consent shall remain unaffected.

7. Job Applicant Management

On our webpages, you will find job announcements and our related request to submit applications in written form or by e-mail. We shall process the Personal Data sent to us by the applicants only for the purpose of implementing the job application procedure and/or the contractual negotiations. The Processing may also be done electronically which shall then particularly be the case if job application documents are sent, for example, by e-mail or via our contact form.

If we subsequently conclude an employment agreement, a training agreement or an internship agreement with the Affected Person, the transmitted data shall be processed for the purpose of implementing the employment relationship. If no employment agreement is concluded with the applicant, then the job application documents shall be stored as long as this is required for a legal defence in any potential legal proceedings in accordance with the Allgemeinen Gleichbehandlungsgesetz [German General Equal Opportunity Act] (AGG)(currently up to six months).

The legal basis for the data processing is Art. 6 Para. 1 lit. b) GDPR.

V. Cookies

Cookies are small text files which are stored on your device’s browser and henceforth represent it. The browser can then be transparently identified during the subsequent “reading-out” of the cookie.

We currently use cookies with the following name and for the following purposes:

Name: _gat
Purpose: Website analysis
Storage timeframe: 1 minute

Name: _gid
Purpose: Website analysis
Storage timeframe: 24 hours

Name: _ga
Purpose: Website analysis
Storage timeframe: 2 years

Name: kirby_session
Purpose: Operation of the website

Storage timeframe: 2 minutes

VI. Recipients/Categories of Recipients

The IP addresses of the website visitors shall be transmitted to the web service provider (IV., 1.).

Through the integration of Adobe Typekit (IV. 2.), the IP addresses are transmitted to Adobe.

Through the integration of Google Analytics and Google Tag Manager (IV. 3.-4.), the IP addresses are transmitted to Google.

Through the integration of the Facebook Pixel (IV., 5.), the IP addresses are transmitted to Facebook.

VII. Non-EU Countries

In principle, your Personal Data shall not be transmitted to countries outside of the European Union. Excepted from this policy shall be the data which are created in conjunction with the applications Adobe Typekit, Google Analytics, Google Tag Manager and Facebook Pixel and which are also transmitted to Adobe, Google and Facebook servers in the USA.

The data protection is also guaranteed during this transmission to the USA. Adobe, Google and Facebook are listed in the so-called Privacy Shield. The Privacy Shield is a convention between the USA and the EU which is supposed to guarantee the fulfilment of European data protection standards. You can find the respective registrations here.

VIII. Storage Timeframe

Your IP address and the so-called log files which are stored when accessing the web server shall be subject to a log rotation, i.e. a storage timeframe of ## days (IV., 1.).

You can find the storage timeframe of the IP address through our usage of the Adobe Typekit application (IV., 2.) in Adobe’s Data Protection Guidelines:
adobe.com/de/privacy/policy.html

You can find the storage timeframe of the IP address through our usage of the Google Analytics and Google Tag Manager applications (IV., 3.-4.) in Google’s Data Protection Guidelines:
google.de/intl/de/policies/privacy

You can find the storage timeframe of the IP address through our usage of the Facebook Pixel application (IV., 5.) in Facebook’s Data Protection Guidelines.
de-de.facebook.com/about/privacy

We shall storage any data entered on the contact form (IV., 6.) only as long as it is required for the response to the inquiry and/or for the implementation of the corresponding contractual relationship.

Otherwise, the statutorily-prescribed storage timeframes in accordance with the German Commercial Code and the German Fiscal Code shall be valid. After the aforementioned storage timeframes lapse, the data shall be deleted.

IX. Rights of Affected Persons

Sie haben nach der DSGVO verschiedene Rechte, über die wir Sie nachfolgend aufklären möchten:

1. You shall have the right to at any time demand free-of-charge information regarding your data which we process (Art. 15 GDPR).

2. You shall have the right to demand the correction of your incorrect Personal Data (Art. 16 GDPR).

3. You shall have the right to demand the deletion of your Personal Data (Art. 17 GDPR). This right shall not be unconditionally valid. It is required that one of the following reasons applies (excerpt from the legal text):

3a. The Personal Data are no longer required for the purposes for which they have been collected or otherwise processed;

3b. The Affected Person revokes his consent upon which the Processing was supported in accordance with Article 6 Para. 1 lit. a (…) and no other legal basis exists for the Processing;

3c. The Affected Person lodges an objection against the Processing in accordance with Article 21 Para. 1 and no prevailing rightful reasons exist for the Processing or the Affected Person lodges an objection against the Processing in accordance with Article 21 Para. 2;

3d. The Personal Data were illegally processed;

3e. The deletion of the Personal Data is required in order to fulfil a legal obligation in accordance with the law of the European Union or the law of the member countries to which the Responsible Party is subject;

3f. The Personal Data were collected in conjunction with the services offered by the Information Society in accordance with Article 8 Para. 1.

4. You shall have the right to demand the restriction of the Processing in accordance with Art. 18 GDPR.

5. You shall have the right of data portability in accordance with Art. 20 GDPR.

X. Right to Lodge a Complaint

You shall have the right to lodge a complaint with a government supervisory agency (Art. 77 GDPR), e.g. with the government supervisory agency which is competent for the Responsible Party.

This is:

The Saxon Data Protection Officer

Mr. Andreas Schurig
Devrientstr. 1
01067 Dresden

XI. Profiling

No profiling is done in accordance with Art. 22 GDPR. The data processing procedures described in IV., 3.-5. that are conducted by Google Analytics, Google Tag Manager and Facebook Pixel do not–as prescribed by Art. 22 GDPR–trigger a legally-binding ruling vis-à-vis the Affected Person.