We are very pleased about your interest in our company. Data protection is of a particularly high priority for the management of KellerPartner GmbH, hereinafter referred to as KellerPartner. The use of the KellerPartner website is generally possible without any indication of personal data, with the exception of IP addresses. However, if a data subject wants to use special services of our enterprise via our website, processing of personal data could become necessary. If processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the country-specific data protection regulations applicable to KellerPartner. By means of this data protection declaration, our enterprise would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration.
As the controller, Prof. Dr. Daniel Keller has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, internet-based data transmissions can always be subject to security vulnerabilities, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
1. Person responsible
The person responsible 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:
Prof. Dr. Daniel Keller
Phone: +49 228 38758026
"Personal data" means any information relating to an identified or identifiable natural person (hereinafter "data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
"Processing" means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
"Restriction of processing" means the marking of stored personal data with the aim of limiting their future processing.
"Profiling" means any automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.
"Pseudonymisation" means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data are not attributed to an identified or identifiable natural person.
"File system" means any structured collection of personal data accessible according to specified criteria, whether such collection is maintained in a centralised, decentralised or functional or geographical manner.
"Controller' means the natural or legal person, public authority, agency or other body who 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 European Union or Member State law, the controller or the specific criteria for its designation may be provided for under European Union or Member State law.
"Processor" means a natural or legal person, public authority, agency or other body who processes personal data on behalf of the Controller.
"Recipient" means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities which may receive personal data in the context of a specific investigative task under European Union or Member State law shall not be considered as recipients and the processing of such data by those authorities shall be carried out in accordance with the applicable data protection rules, in accordance with the purposes of the processing.
"Third party" means a natural or legal person, public authority, agency or other body, other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or the processor.
"Consent" means the freely given specific, informed and unambiguous indication of the data subject's wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.
3. Processing operations
We receive the following personal data directly from you, including the devices you use:
Contact and address information, if you have provided us with your contact information,
Online identifiers (e.g., your IP address, browser type and version, related operating system, referrer URL, file name, access status, amount of data transferred, date and time of server request),
Social media identifiers.
4. Processing purposes
We process your data for the following purposes:
for the contact you have requested,
for the provision of our service,
for the processing of contracts, in particular for the processing of orders and for invoicing,
for advertising purposes,
for sending our e-mail newsletter, provided you have registered for this,
for quality assurance and
for our statistics.
5. Internal data streams
When you contact us for business, we store your data in our system. We use a CRM and productivity tool for project coordination. Project correspondence takes place via email, telephony and a video telephony platform. For our billing, we use a cloud-based billing system. A mail assistant is used to support the sending of the newsletter. If you use our online learning services, we will inform you about the data protection regulations relevant to the use of the platform in the data protection declaration there.
6. Legal basis of data processing
Your data is processed on the following legal bases:
Consent (Art. 6 para. 1 sent. 1(a) DSGVO) - The data subject has given his/her consent to the processing of personal data relating to him/her for a specific purpose or purposes.
Contract performance and pre-contractual enquiries (Art. 6(1)(b) DSGVO) - Processing is necessary for the performance of a contract to which the data subject is party or for the performance of pre-contractual measures taken at the data subject's request.
Legal obligation (Art. 6 para. 1 p. 1(c) DSGVO) - Processing is necessary for compliance with a legal obligation to which the controller is subject.
Legitimate interests (Art. 6 para. 1 p. 1(f) DSGVO) - Processing is necessary to protect the legitimate interests of the controller or a third party, unless such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data.
7. Legitimate interests
If we base the processing of your personal data on legitimate interests within the meaning of Art. 6 para. 1(f) DSGVO, such interests are
the improvement of our offer,
protection against abuse, and
the management of our statistics.
8. Storage period
We only store your personal data for as long as is necessary to achieve the purpose of the processing or the storage is subject to a statutory retention period.
We store your data
if you have consented to the processing, at most until you withdraw your consent,
if we need the data to perform a contract, at most for as long as the contractual relationship with you exists or statutory retention periods apply,
if we process the data to comply with a legal obligation, at most for as long as the legal obligation exists,
if we use the data on the basis of a legitimate interest, at most for as long as your interest in deletion or anonymisation does not outweigh this.
9. Rights of the data subject
a) Right to confirmation
Every data subject shall have the right, granted by the European Directive and the Regulation, to obtain confirmation from the controller as to whether personal data concerning him or her is being processed. If a data subject wishes to exercise this right, he or she may, at any time, contact any employee of the controller.
b) Right to information
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain from the controller, at any time and free of charge, information about the personal data stored about him or her and a copy of that information. Furthermore, the European Directive and Regulation has granted the data subject access to the following information:
the processing purposes,
the categories of personal data that are processed,
the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular in the case of recipients in third countries or international organisations,
if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration,
the existence of a right to obtain the rectification or deletion of personal data concerning them or to obtain the 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,
if the personal data is not collected from the data subject: All available information about the origin of the data;
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.
Furthermore, the data subject has the right to be informed whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right of access, he or she may, at any time, contact any employee of the controller.
c) Right of rectification
Any person concerned by the processing of personal data shall have the right granted by the European Directive and the Regulation to obtain rectification without delay of inaccurate personal data relating to him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.
If a data subject wishes to exercise this right of rectification, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (right to be forgotten)
Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, to obtain from the controller deletion without delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is not necessary:
the personal data was collected or otherwise processed for purposes for which it is no longer necessary.
the data subject revokes the consent on which the processing was based pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR and there is no other legal basis for processing.
the data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
the personal data has been processed unlawfully.
the deletion of the personal data is necessary for compliance with a legal obligation under European Union or Member State law to which the controller is subject.
The personal data was collected in relation to information society services offered pursuant to Art. 8(1) DS-GVO.
If one of the aforementioned reasons applies, and a data subject wishes to arrange for the deletion of personal data stored by KellerPartner, he or she may, at any time, contact any employee of the controller. The employee of KellerPartner will arrange for the deletion request to be complied with immediately.
If the personal data has been made public by KellerPartner and our enterprise as the controller is obliged to erase the personal data pursuant to Article 17 (1) of the Data Protection Regulation, KellerPartner shall implement reasonable measures, including technical measures, to compensate other data controllers for processing the published personal data, taking into account the available technology and the costs of implementation, in order to inform the data subject that he or she has requested from those other data controllers the deletion of all links to the personal data or to copies or replications of the personal data, unless the processing is necessary. The employee of KellerPartner will arrange the necessary in individual cases.
e) Right to restriction of processing
Any person concerned by the processing of personal data has the right, granted by the European Directive and the Regulation, to obtain from the controller the restriction of processing where one of the following conditions is met:
the accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data.
the processing is unlawful, the data subject objects to the deletion of the personal data and requests instead the restriction of the use of the personal data.
the controller no longer needs the personal data for the purposes of processing, but the data subject needs it for the establishment, exercise or defence of legal claims.
the data subject has objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by KellerPartner, he or she may, at any time, contact any employee of the controller. The employee of KellerPartner will arrange the restriction of the processing.
f) Right to data portability
Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, to receive the personal data concerning him or her, which has been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. The data subject shall also have the right to transmit such data to another controller without hindrance from the controller to whom the personal data has been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR and the processing is carried out by automated means, 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, when exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to obtain that the personal data be transferred directly from one controller to another controller, to the extent that this is technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals.
In order to assert the right to data portability, the data subject may at any time contact any employee of KellerPartner.
g) Right to object
Any person affected by the processing of personal data shall have the right granted by the European Directive and Regulation to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.
KellerPartner shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defence of legal claims.
If KellerPartner processes personal data for the purpose of direct marketing, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to the profiling, insofar as it is related to such direct marketing. If the data subject objects to KellerPartner processing personal data for direct marketing purposes, KellerPartner will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to the processing of personal data concerning him or her which is carried out by KellerPartner for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the Data Protection Regulation, unless such processing is necessary for the performance of a task carried out in the public interest.
In order to exercise the right to object, the data subject may directly contact any employee of KellerPartner. The data subject is also free to exercise his/her right to object by means of automated procedures using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.
h) Automated decisions in individual cases including profiling
Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, provided that the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is authorised by European Union or Member State law to which the controller is subject and that such law lays down appropriate measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is made with the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) it is made with the data subject's explicit consent, KellerPartner shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, which include at least the right to obtain the data subject's involvement on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact any employee of the controller.
i) Right to revoke consent under data protection law
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact any employee of the controller.
The data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting of the internet browser being 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 programmes. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the internet browser being used, not all functions of our website may be fully usable.
11. Collection of general data and information
The website of KellerPartner collects a series of general data and information every time a data subject or automated system visits the website. This general data and information is stored in the log files of the server. The following data may be collected: (1) the 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, (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 that serve to avert danger in the event of attacks on our information technology systems.
When using these general data and information, KellerPartner does not draw any conclusions about the data subject. Rather, this information is needed (1) to deliver the contents of our website correctly, (2) to optimise the contents of our website and the advertising of these, (3) to ensure the long-term operability of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. Therefore, KellerPartner analyzes anonymously collected data and information on the one hand, and on the other hand, with the aim of increasing the data protection and data security of our enterprise so that we can ultimately ensure an optimum level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.
12. Subscription to our newsletter
On the website of KellerPartner, users are given the opportunity to subscribe to our enterprise's newsletter. The personal data transmitted to the controller when the newsletter is subscribed to is specified in the input form used for this purpose.
KellerPartner informs its customers and business partners at regular intervals by means of a newsletter about enterprise offers. In principle, the data subject may only receive our enterprise's newsletter if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter mailing. For legal reasons, a confirmation e-mail is sent to the e-mail address registered by a data subject for the first time for the newsletter dispatch using the double opt-in procedure. This confirmation email serves to verify whether the owner of the email address as the data subject has authorised the receipt of the newsletter.
When registering for the newsletter, we also store the IP address of the computer system used by the data subject at the time of registration as well as the date and time of registration, which is assigned by the internet service provider (ISP). The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a data subject at a later point in time and therefore serves as a legal safeguard for the controller.
The personal data collected during registration for the newsletter is used exclusively for sending our newsletter. Furthermore, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or a related registration, as could be the case in the event of changes to the newsletter offer or changes in technical circumstances. No personal data collected as part of the newsletter service will be passed on to third parties. Subscription to our newsletter can be cancelled by the data subject at any time. The consent to the storage of personal data, which the data subject has given us for the newsletter dispatch, can be revoked at any time. For the purpose of revoking consent, a corresponding link can be found in each newsletter. Furthermore, it is also possible to unsubscribe from the newsletter mailing directly on the website of the controller at any time or to inform the controller of this in another way.
13. Newsletter tracking and provider: MailChimp
KellerPartner's newsletters contain so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in such emails that are sent in HTML format to enable log file recording and log file analysis. This allows statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, KellerPartner may see if and when an e-mail was opened by a data subject, and which links in the e-mail were opened by the data subject.
Such personal data collected via the tracking pixels contained in the newsletters is stored and analysed by the controller in order to optimise the newsletter dispatch and to better adapt the content of future newsletters to the interests of the data subject. This personal data will not be disclosed to third parties. Data subjects are entitled at any time to revoke the separate declaration of consent given in this regard via the double opt-in procedure. After revocation, this personal data will be deleted by the data controller. KellerPartner automatically regards cancellation of receipt of the newsletter as a revocation.
The newsletter is sent using "MailChimp", a newsletter sending platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA.
The email addresses of our newsletter recipients, as well as their other data described in this notice, are stored on MailChimp servers in the USA. MailChimp uses this information to send and evaluate the newsletter on our behalf. Furthermore, according to its own information, MailChimp may use this data to optimise or improve its own services, e.g., for technical optimisation of the dispatch and the presentation of the newsletters or for economic purposes in order to determine from which countries recipients come. However, MailChimp does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.
We use HubSpot for marketing activities on our website. HubSpot Inc. is a software company from the USA with a branch in Germany, Hub Spot Deutschland GmbH, Am Postbahnhof 17, 10243 Berlin.
We use this integrated software solution for our own marketing, lead generation and customer service. This includes email marketing, which covers the sending of newsletters and automated mailings, social media publishing and reporting, contact management such as user segmentation and CRM, landing pages and contact forms.
Information collected by HubSpot and the content of our website is stored on the servers of HubSpot's service providers. Insofar as you have given your consent to this in accordance with Art. 6 (1) sentence 1 (a) DSGVO, processing on this website is carried out for the purpose of website analysis.
In principle, your data is stored on AWS servers in the European Economic Area within the scope of Hubspot's "Regional Data Hosting Policy". Since personal data is exceptionally transferred to the USA for individual services, further protection mechanisms are necessary to ensure the high level of data protection of the GDPR in the interests of our customers. To ensure this, we have agreed standard data protection clauses with the provider in accordance with Article 46 (2)c of the GDPR. These oblige the recipient of the data in the USA to process the data in accordance with the level of protection provided in Europe. In addition, in cases where the desirable level of protection cannot be ensured even through this contractual extension, we have sought and received additional regulations and commitments from the recipient in the USA.
You can permanently object to the collection of data by HubSpot and the setting of cookies by preventing the storage of cookies through your browser settings. You can also change this subsequently via the "Cookie settings" button in the website footer. You can object to the processing of your personal data at any time with effect for the future.
15. Google Analytics
addition, you can prevent the collection and processing of this data by Google LLC by downloading and installing the browser add-on available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
Alternatively, or within browsers on mobile devices, please click on the following link: Deactivate Google Analytics. This will place an opt-out cookie on your device for our internet pages with effect for your currently used browser. If you delete your cookies in this browser, you must click on this link again. The data processing, in particular the setting of cookies, is carried out with your consent on the basis of Art. 6 para. 1 lit. of the DSGVO. You can revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until revocation.
We use the YouTube embedding function to display and play videos from the provider YouTube (hereinafter "YouTube"), which belongs to Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter "Google").
The extended data protection mode is used here, which, according to the provider, only triggers the storage of user information when the video(s) is/are played. If the playback of embedded YouTube videos is started, the provider uses YouTube cookies or comparable recognition technologies to collect information about user behaviour. According to information from YouTube, these are used, among other things, to collect video statistics, to improve user-friendliness and to prevent abusive behaviour. The YouTube server is informed which of our pages you have visited. If you are logged in to Google, your data will be directly assigned to your account when you click on a video. If you do not wish to have your data associated with your YouTube profile, you must log out before activating the button. Google stores your data (even for users who are not logged in) as usage profiles and evaluates them. Such evaluation is carried out in accordance with Art. 6 (1) (f) DSGVO on the basis of Google's legitimate interests in the display of personalised advertising, market research and/or the needs-based design of its website. You have the right to object to the creation of these user profiles, and you must contact YouTube to exercise this right. YouTube is used in the interest of appealing presentation of our online offers (legitimate interest pursuant to Art. 6 para. 1 lit. f DSGVO). If the data processing is based on our legitimate interest, you can object to the processing at any time with effect for the future. Insofar as corresponding consent has been requested (e.g., consent to the storage of cookies), the processing is carried out exclusively on the basis of Art. 6 (1) (a) DSGVO; you can revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until the revocation. This revocation can be done by deactivating the corresponding selection on our consent management platform, which you can reach via the button at the beginning of the text.
You can object to the analysis of usage behaviour and targeted advertising by YouTube at the following link https://tools.google.com/dlpage/gaoptout?hl=de
17. Data protection in applications and in the application procedure
The controller collects and processes the personal data of applicants for the purpose of managing the application procedure. This processing may also be carried out electronically. This is in particular the case when an applicant submits relevant application documents to the controller by electronic means, for example, by e-mail or via a web form available on the website. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents are automatically deleted two months after the notification of the rejection decision, provided that no other legitimate interests of the controller conflict with such deletion. Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).
18. Legal or contractual provisions
to provide the personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
We would like to inform you that the provision of personal data is sometimes required by law (e.g., tax regulations) or may also result from contractual regulations (e.g., information on the contractual partner). Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data by the data subject, 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 the personal data is required by law or contract or is 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.
19. Existence of automated decision making
As a responsible company, we do not use automatic decision-making or profiling.
Last update: 12.06.2023