Privacy Policy

1. Definitions

The data protection declaration of the Tobias Holst e.K is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to explain the terminology used in advance. We use the following terms, among others, in this privacy policy

a) Personal data: Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”). An identifiable person is a natural person 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 or mental characteristics of that natural person. characteristics that express the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

b) Data subject: Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

c) 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, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d) Restriction of processing: Restriction of processing is the marking of stored personal data with the aim of restricting its future processing.

e) Profiling: Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

f) Pseudonymization: Pseudonymization is the processing of personal data in such a manner 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 organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

g) Controller or controller responsible for the processing: Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

h) Processor: A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

i) Recipient: Recipient means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

j) Third party: A third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or 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 he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. name and address of the controller

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

Tobias Holst e.K.
Richard-Strauss-Str. 13
81677 München
GERMANY
Tel.: 089 339 80 65 - 0
E-Mail: support@lay7.cloud
Website: https://www.lay7.cloud

3. Cookies

The Internet pages of the Tobias Holst e.K. 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 can be used to assign websites and servers to the specific internet browser in which the cookie was stored. This enables the websites and servers visited 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 via the unique cookie ID. Through the use of cookies, the Tobias Holst e.K. can provide the users of this website with more user-friendly services that would not be possible without the cookie setting. By means of a cookie, the information and offers on our website can be optimized for the benefit of the user. As already mentioned, cookies enable us to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter their access data each time they visit the website because this is taken over by the website and the cookie stored on the user's computer system. Another example is the cookie for a shopping basket in an online store. The online store remembers the items that a customer has placed in the virtual shopping cart via a cookie. The data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set 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 Internet browser used, not all functions of our website may be fully usable.

4. collection of general data and information

The website of the Tobias Holst e.K. collects a series of general data and information when a data subject or automated system calls up the website. This general data and information is stored in the server log files. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites which are accessed via an accessing system on our website can be recorded, (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 used for security purposes in the event of attacks on our information technology systems. When using these general data and information, the Tobias Holst e.K. does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the Tobias Holst e.K. analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

5. registration on our website

The data subject has the option of registering on the controller's website by providing personal data. Which personal data is transmitted to the controller is determined by the respective input mask used for registration. The personal data entered by the data subject is collected and stored exclusively for internal use by the controller and for the controller's own purposes. The controller may arrange for the data to be passed on to one or more processors, such as a parcel service provider, who will also use the personal data exclusively for internal use attributable to the controller. By registering on the controller's website, the IP address assigned by the data subject's Internet service provider (ISP), the date and time of registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services and, if necessary, to enable the investigation of criminal offenses committed. In this respect, the storage of this data is necessary to safeguard the controller. The transfer of this data to third parties generally does not take place, unless there is a legal obligation to transfer the data or the transfer serves criminal prosecution. The registration of the affected person, with the voluntary provision of personal data, serves the data controller to offer the affected person content or services that, by their nature, can only be offered to registered users. Registered individuals are free to modify the personal data provided during registration at any time or request the complete deletion of their data from the data controller's records. The data controller will provide any affected person with information, upon request, about which personal data is stored about them. Furthermore, the data controller will correct or delete personal data upon the request or notification of the affected person, as long as there are no legal retention obligations preventing this. All employees of the data controller are available to the affected person as contact persons in this regard.

6. Subscription to Our Newsletter

On the website of Tobias Holst e.K., users are given the opportunity to subscribe to the company's newsletter. The personal data transmitted to the data controller when ordering the newsletter can be found in the input form used for this purpose. Tobias Holst e.K. regularly informs its customers and business partners about the company's offers via a newsletter. The newsletter of our company can generally only be received by the affected person if (1) the affected person has a valid email address and (2) the affected person registers for the newsletter. For legal reasons, a confirmation email is sent to the email address first registered by an affected person for the newsletter subscription using a double opt-in process. This confirmation email serves to verify whether the owner of the email address, as the affected person, has authorized the receipt of the newsletter. When registering for the newsletter, we also store the IP address assigned by the Internet Service Provider (ISP) of the computer system used by the affected person at the time of registration, as well as the date and time of registration. The collection of this data is necessary to be able to trace any potential misuse of the email address of the affected person at a later date, thus serving the legal protection of the data controller. The personal data collected during the newsletter registration process will be used solely for sending our newsletter. Furthermore, newsletter subscribers may be informed by email if this is necessary for the operation of the newsletter service or related registration, such as in the case of changes to the newsletter offering or modifications to the technical conditions. No personal data collected as part of the newsletter service will be shared with third parties. The subscription to our newsletter can be canceled by the affected person at any time. The consent to the storage of personal data granted by the affected person for the purpose of sending the newsletter can be revoked at any time. A corresponding link for revoking consent can be found in every newsletter. Additionally, there is the possibility to unsubscribe from the newsletter service directly on the website of the data controller or to inform the data controller in another way.

7. Contact Option via the Website

The website of Tobias Holst e.K. contains information required by law that allows for quick electronic contact with our company and immediate communication with us, which also includes a general address for electronic mail (email address). If an affected person contacts the data controller by email or via a contact form, the personal data transmitted by the affected person is automatically stored. Such personal data voluntarily transmitted by an affected person to the data controller will be stored for the purpose of processing or contacting the affected person. No personal data is shared with third parties.

8. Routine Deletion and Blocking of Personal Data

The data controller processes and stores personal data of the affected person only for the period required to achieve the storage purpose or as required by the European legislator or any other legislator in laws or regulations to which the data controller is subject. If the storage purpose no longer applies or if the storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with legal requirements.

9. Rights of the Affected Person

a) Right to Confirmation Every affected person has the right granted by the European legislator to request from the data controller confirmation as to whether or not personal data concerning them is being processed. If an affected person wishes to exercise this right to confirmation, they may contact any employee of the data controller at any time.

b) Right to Access Every person affected by the processing of personal data has the right granted by the European legislator to obtain, free of charge, information from the data controller at any time about the personal data stored concerning them and a copy of this information. Furthermore, the European legislator has granted the affected person access to 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 has been or will be disclosed, particularly in the case of recipients in third countries or international organizations
◦ where possible, the intended duration for which the personal data will be stored, or, if this is not possible, the criteria used to determine that duration
◦ the existence of the right to rectify or erase the personal data concerning them or to restrict the processing by the controller, or the right to object to such processing
◦ the existence of a right to lodge a complaint with a supervisory authority
◦ if the personal data has not been collected from the affected person: 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, as well as the significance and the intended consequences of such processing for the affected person. Furthermore, the affected person has the right to be informed whether personal data has been transferred to a third country or to an international organization. If this is the case, the affected person also has the right to obtain information about the appropriate safeguards in connection with the transfer. If an affected person wishes to exercise this right to access, they can contact any employee of the data 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 affected person has the right to request, taking into account the purposes of the processing, the completion of incomplete personal data — including by means of a supplementary statement. If an affected person wishes to exercise this right to rectification, they can contact any employee of the data controller at any time.

d) Right to Erasure (Right to be Forgotten) Every person affected by the processing of personal data has the right granted by the European legislator to request the data controller to erase personal data concerning them immediately, if one of the following reasons applies and processing is not necessary:
◦ The personal data was collected or otherwise processed for purposes for which they are no longer necessary.
◦ The affected person withdraws their consent, on which the processing was based according to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal basis for the processing.
◦ The affected person objects to the processing according to Article 21(1) GDPR, and there are no overriding legitimate grounds for the processing, or the affected person objects to the processing according to Article 21(2) GDPR.
◦ The personal data was processed unlawfully.
◦ The erasure 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 data controller is subject.
◦ The personal data was collected in relation to services offered by the information society according to Article 8(1) GDPR.

If one of the above-mentioned reasons applies and an affected person wishes to request the deletion of personal data stored by Tobias Holst e.K., they can contact an employee of the data controller at any time. The employee of Tobias Holst e.K. will ensure that the deletion request is promptly fulfilled. If the personal data has been made public by Tobias Holst e.K. and our company is obligated to delete the personal data under Article 17(1) GDPR, Tobias Holst e.K. will, taking into account the available technology and implementation costs, take reasonable measures, including technical measures, to inform other data controllers processing the published personal data that the affected person has requested the deletion of all links to this personal data or copies or replications of this personal data from these other data controllers, as long as processing is not required. The employee of Tobias Holst e.K. will take the necessary actions on a case-by-case basis.

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 by the data controller if one of the following conditions applies:
◦ The accuracy of the personal data is contested by the affected person, for a period that allows the data controller to verify the accuracy of the personal data.
◦ The processing is unlawful, the affected person objects to the deletion of the personal data and instead requests the restriction of the use of the personal data.
◦ The data controller no longer needs the personal data for processing purposes, but the affected person requires them for the assertion, exercise, or defense of legal claims.
◦ The affected person has objected to the processing under Article 21(1) GDPR, and it has not yet been determined whether the legitimate grounds of the data controller override those of the affected person. If one of the above conditions applies and the affected person wishes to request the restriction of personal data stored by Tobias Holst e.K., they can contact an employee of the data controller at any time. The employee of Tobias Holst e.K. will initiate 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 have been provided by the affected person to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data have been provided, provided the processing is based on consent under Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, or on a contract under Article 6(1)(b) GDPR, and the processing is carried out using automated procedures, unless the processing is 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, the affected person, when exercising their right to data portability under Article 20(1) GDPR, has the right to obtain that the personal data be 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 assert the right to data portability, the affected person may contact an employee of Tobias Holst e.K. 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, based on reasons arising from their particular situation, where the processing is carried out under Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions. In the event of an objection, Tobias Holst e.K. will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the affected person, or the processing is necessary for the establishment, exercise, or defense of legal claims. If Tobias Holst e.K. processes personal data for the purpose of direct marketing, the affected person has the right to object at any time to the processing of personal data for such marketing purposes. This also applies to profiling, insofar as it is related to such direct marketing. If the affected person objects to Tobias Holst e.K. regarding the processing for direct marketing purposes, Tobias Holst e.K. will no longer process the personal data for such purposes. Furthermore, the affected person has the right, based on reasons arising from their particular situation, to object to the processing of personal data concerning them, which is carried out by Tobias Holst e.K. for scientific or historical research purposes or statistical purposes under 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 affected person may contact any employee of Tobias Holst e.K. or another staff member directly. The affected person is also free to exercise their right to object, in relation to the use of information society services, notwithstanding Directive 2002/58/EG, through automated procedures that involve 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 has legal effect or similarly significantly affects them, unless the decision (1) is necessary for the conclusion or performance of a contract between the affected person and the controller, or (2) is authorized by Union or Member State law to which the controller is subject and such law contains appropriate safeguards for the rights and freedoms and legitimate interests of the affected person, or (3) is based on the explicit consent of the affected person. If the decision (1) is necessary for the conclusion or performance of a contract between the affected person and the controller, or (2) is made with the explicit consent of the affected person, Tobias Holst e.K. will take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the affected person, which includes at least the right to request human intervention by the controller, to express their point of view, and to contest the decision. If the affected person wishes to assert rights related to automated decisions, they can contact an 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 the affected person wishes to exercise their right to withdraw consent, they can contact an employee of the controller at any time.

10. Data Protection in the Application Process

The controller collects and processes personal data of applicants for the purpose of handling the application process. The processing may also take place electronically. This is particularly the case when an applicant submits application documents electronically, for example, via email or through a web form on the website of the controller. If the controller enters into an employment contract with an applicant, the submitted data will be stored for the purpose of managing the employment relationship in compliance with legal requirements. If the controller does not enter into an employment contract with the applicant, the application documents will be automatically deleted two months after the notification of the rejection decision, unless there are other legitimate interests of the controller that prevent deletion. Other legitimate interests in this context include, for example, a need for evidence in proceedings under the General Equal Treatment Act (AGG).

11. Payment Method: Data Protection Regulations for PayPal as a Payment Method

The controller has integrated components of PayPal on this website. PayPal is an online payment service provider. Payments are processed through so-called PayPal accounts, which represent virtual private or business accounts. In addition, PayPal allows for virtual payments via credit cards if a user does not have a PayPal account. A PayPal account is managed through an email address, meaning there is no traditional account number. PayPal enables online payments to third parties or receiving payments. PayPal also takes on trustee functions and offers buyer protection services. The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg. If the affected person selects "PayPal" as the payment method during the ordering process in our online shop, personal data will be transmitted automatically to PayPal. By selecting this payment option, the affected person consents to the transfer of personal data required for payment processing. The personal data transmitted to PayPal typically includes first name, last name, address, email address, IP address, phone number, mobile phone number, or other data necessary for payment processing. Also necessary for processing the purchase contract are personal data related to the respective order. The transmission of the data aims to facilitate payment processing and fraud prevention. The controller will transmit personal data to PayPal particularly when there is a legitimate interest in the transfer. Personal data exchanged between PayPal and the controller may be transmitted by PayPal to credit agencies. This transfer aims to verify identity and creditworthiness. PayPal may also share personal data with affiliates and service providers or subcontractors, as far as necessary to fulfill contractual obligations or for data processing on behalf of the controller. The affected person can revoke their consent to the handling of personal data at any time with PayPal. A revocation does not affect personal data that must necessarily be processed, used, or transmitted for (contractual) payment processing. The applicable data protection regulations of PayPal can be accessed at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

12. Legal Basis of Processing

Article 6(1)(a) of the GDPR serves as the legal basis for processing operations where we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the fulfillment of a contract, of which the data subject is a party, as in the case of processing operations required for the delivery of goods or the provision of other services or counterservices, the processing is based on Article 6(1)(b) of the GDPR. The same applies to processing operations that are necessary for the execution of pre-contractual measures, such as in cases of inquiries 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 fulfillment of tax obligations, the processing is based on Article 6(1)(c) of the GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. For example, this would be the case if a visitor were injured at our premises and their name, age, health insurance details, or other vital information had to be passed on to a doctor, hospital, or other third parties. In this case, the processing would be based on Article 6(1)(d) of the GDPR. Ultimately, processing operations may also be based on Article 6(1)(f) of the GDPR. This legal basis applies to processing operations that are not covered by any of the aforementioned legal bases, if the processing is necessary for the protection of a legitimate interest of our company or a third party, provided that the interests, fundamental rights, and freedoms of the data subject do not outweigh this interest. Such processing operations are particularly permitted because they have been specifically mentioned by the European legislator. In this regard, it is considered that a legitimate interest could exist if the data subject is a customer of the controller (Recital 47, Sentence 2 of the GDPR).

13. Legitimate Interests in the Processing Pursued by the Controller or a Third Party

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

14. Duration for Which Personal Data Is Stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After the retention period has expired, the relevant data will be routinely deleted unless they are still required for the fulfillment of the contract or the initiation of a contract.

15. Legal or Contractual Obligations to Provide Personal Data; Requirement for Contract Conclusion; Obligation of the Data Subject to Provide Personal Data; Possible Consequences of Not Providing Data

We inform you that the provision of personal data is partly required by law (e.g., tax regulations) or may arise from contractual arrangements (e.g., details about the contracting party). In some cases, it may be necessary to provide personal data in order to conclude a contract, which we would then need to process. For example, the data subject is obligated to provide us with personal data when our company enters into a contract with them. Failure to provide personal data would result in the contract not being able to 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 legally or contractually required or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.

16. Existence of Automated Decision-Making

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