1. Name and Address of the responsible person
The person responsible within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:
Elder US Tax Solutions UG (haftungsbeschränkt)
Theodor-Heuss-Ring 23
50668 Köln
Deutschland
Tel.: +49 221 5679-7408
E-Mail: info@elderustax.com
Website: www.elderustax.com
2. Name and Address of the Data Protection Officer
The Data Protection Officer of the responsible party is:
Ms. Debra Elder
Theodor-Heuss-Ring 23
50668 Köln
Deutschland
Tel.: +49 221 5679-7408
E-Mail: info@elderustax.com
Website: www.elderustax.com
3. Scope and purpose of processing personal data
In principle, we only process the personal data of our users to the extent that this is necessary to provide a functional website and our content and services. The processing of personal data of our users takes place regularly only with the consent of the user. An exception applies in such cases in which it is not possible to obtain prior consent for actual reasons and the processing of the data is permitted by statutory provisions.
4. Legal basis for processing personal data
Insofar as we obtain the consent of the data subject for the processing of personal data, Article 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
Article 6 (1) (b) GDPR serves as the legal basis for the processing of personal data required to fulfill a contract to which the data subject is a party. This also applies to processing operations that are necessary to carry out pre-contractual measures.
Insofar as processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Article 6 (1) (c) GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6 Paragraph 1 lit. d GDPR serves as the legal basis.
If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and fundamental freedoms of the person concerned do not outweigh the first interest, Article 6 Paragraph 1 Letter f GDPR serves as the legal basis for the processing.
5. Data Erasure and Duration of Storage
The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage no longer applies. Storage can also take place if this has been provided for by the European or national legislator in EU regulations, laws or other regulations to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.
6. Contact form and e-mail contract
a. Description and scope of data processing
There is a contact form on our website which can be used to contact us electronically. If a user takes advantage of this option, the data entered in the input mask will be transmitted to us and saved. These data are:
At the time the message is sent, the following data is also stored:
(1) The IP-address of the user's end device
(2) Date and time of access by the user
(3) Contains the amount of data transferred and the requesting provider (access data) and documents the retrieval.
Your consent will be obtained for the processing of the data during the sending process and reference will be made to this data protection declaration.
Alternatively, you can contact us via the email address provided. In this case, the user's personal data transmitted with the e-mail will be stored.
In this context, the data will not be passed on to third parties. The data will only be used to process the conversation.
b. Legal basis for data processing
The legal basis for processing the data is Article 6(1)(a) GDPR if the user has given their consent.
The legal basis for the processing of the data that is transmitted in the course of sending an e-mail is Article 6 (1) (f) GDPR. If the e-mail contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 (1) (b) GDPR.
c. Purpose of data processing
The processing of the personal data from the input mask serves us solely to process the contact. If contact is made by email, this is also the necessary legitimate interest in the processing of the data.
The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.
d. 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 and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is over when it can be inferred from the circumstances that the facts in question have been finally clarified.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
e. Possibility of objection and elimination
The user has the option to revoke his consent to the processing of personal data at any time. If the user contacts us by email, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.
The revocation of consent can be communicated informally by telephone, e-mail or to our postal address.
All personal data that was saved in the course of making contact will be deleted in this case.
7. Rights of the data subject
If personal data is processed by you, you are the data subject within the meaning of the GDPR and you have the following rights vis-à-vis the person responsible:
a. Right of providing information
You can request confirmation from the person responsible as to whether personal data relating to you is being processed by us.
If such processing is present, you can request information from the person responsible for the following information:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom your personal data has been or will be disclosed;
(4) the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage duration;
(5) the existence of a right to correction or deletion of the personal data concerning you, a right to restriction of processing by the person responsible or a right to object to this processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) all available information about the origin of the data if the personal data are not collected from the data subject;
(8) the existence of automated decision-making including profiling in accordance with Art. 22 Para. 1 and 4 GDPR and - at least in these cases - meaningful information about the logic involved as well as the scope and intended effects of such processing for the data subject.
You have the right to request information as to whether your personal data is being transmitted to a third country or to an international organization. In this context, you can request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transmission.
b. Right to Rectification
You have a right to correction and/or completion to the person responsible if the processed personal data concerning you is incorrect or incomplete. The person responsible must make the correction immediately.
c. Right to restriction of processing
Under the following conditions, you can request the restriction of the processing of your personal data:
(1) if you dispute the accuracy of the personal data concerning you for a period that enables the person responsible to check the accuracy of the personal data;
(2) the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
(3) the person responsible no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or
(4) if you have lodged an objection to the processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether the legitimate reasons of the person responsible outweigh your reasons.
If the processing of the personal data concerning you has been restricted, this data - apart from its storage - may only be used with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State are processed.
If the restriction of processing has been restricted according to the above conditions, you will be informed by the person responsible before the restriction is lifted.
d. Right to Deletion
i. Obligation to delete
You can request the person responsible to delete the personal data concerning you immediately, and the person responsible is obliged to delete this data immediately if one of the following reasons applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent on which the processing was based pursuant to Article 6 (1)(a), or Article 9 (2)(a) GDPR and there is no other legal basis for the processing.
(3) You object to the processing in accordance with Article 21 (1) GDPR and there are no overriding legitimate reasons for the processing, or you object to the processing in accordance with Article 21 (2) GDPR.
(4) The personal data concerning you have been processed unlawfully.
(5) The deletion of the personal data concerning you is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the person responsible is subject.
(6) The personal data concerning you was collected in relation to information society services offered in accordance with Article 8 (1) GDPR.
ii. Information to third parties
If the person responsible has made the personal data relating to you public and is obliged to delete it in accordance with Art. 17 (1) GDPR, he shall take appropriate measures, including technical measures, to protect the person responsible for data processing, taking into account the available technology and the implementation costs , who process the personal data, that you, as the data subject, have requested them to delete all links to this personal data or copies or replications of this personal data.
iii. Exceptions
The right to erasure does not exist if processing is necessary
(1) to exercise the right to freedom of expression and information;
(2) to fulfill a legal obligation that requires processing under Union or Member State law to which the controller is subject, or to perform a task that is in the public interest or in the exercise of official authority that has been delegated to the controller;
(3) for reasons of public interest in the field of public health in accordance with Art. 9 (2)(h) & (i) and Art. 9 (3) GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) GDPR, insofar as the law mentioned under section a) is likely to make it impossible or seriously impair the achievement of the objectives of this processing, or
(5) to assert, exercise or defend legal claims.
e. Right to Information
If you have asserted the right to correction, deletion or restriction of processing against the person responsible, he is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction of processing, unless this proves to be impossible or involves a disproportionate effort.
You have the right vis-à-vis the person responsible to be informed about these recipients.
f. Right to data portability
You have the right to receive the personal data concerning you that you have provided to the person responsible in a structured, common and machine-readable format. In addition, you have the right to transmit this data to another person responsible without hindrance by the person responsible for providing the personal data, provided that
(1) the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR, and
(2) the processing is carried out using automated procedures.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one person responsible to another person responsible, insofar as this is technically feasible. The freedoms and rights of other people must not be impaired by this.
The right to data portability does not apply to processing of personal data that is required to perform a task that is in the public interest or in the exercise of official authority that has been assigned to the controller.
g. Right to Object
You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data, which is based on Article 6 (1)(e) or (f)GDPR; this also applies to profiling based on these provisions.
The person responsible no longer processes the personal data relating to you unless he can demonstrate compelling legitimate grounds for the processing which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you is processed in order to operate direct advertising, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct advertising.
If you object to the processing for direct marketing purposes, the personal data relating to you will no longer be processed for these purposes.
In connection with the use of information society services, you have the option – notwithstanding Directive 2002/58/EC – to exercise your right to object by means of automated procedures that use technical specifications.
h. Right to revoke the 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 the consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation.
i. Automated individual decision-making, 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:
(1) is necessary for the conclusion or performance of a contract between you and the person responsible,
(2) is permitted on the basis of legal provisions of the Union or the Member States to which the person responsible is subject and these legal provisions contain appropriate measures to protect your rights and freedoms as well as your legitimate interests, or
(3) with your express consent.
However, these decisions must not be based on special categories of personal data according to Article 9 (1) GDPR, unless Article 9 (2)(a) or (g) GDPR applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.
With regard to the cases referred to in (1) and (3), the person responsible shall take appropriate measures to safeguard your rights and freedoms and your legitimate interests, including at least the right to obtain human intervention on the part of the person responsible, to express his or her point of view and to challenge the decision.
j. Right to lodge a complaint with 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 place of residence, your place of work or the place of the alleged infringement, if you believe that the processing of your personal data violates violates the GDPR.
The supervisory authority to which the complaint was lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 D.
Elder US Tax Solutions UG (haftungsbeschränkt)
Theodor-Heuss-Ring 23 --- 50668 Köln
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