General terms and conditions including cancellation policy




The General Terms and Conditions, hereinafter referred to as GTC, govern the contractual relationship between the provider Nini Gollong and the persons who use her services.

Your agreement to the terms and conditions:

By booking or participating in a conversation, appointment or seminar, you acknowledge the following conditions, including the disclaimer of liability, the right of withdrawal and the data protection policy.

1. Contract

1.1. Contracting parties:

The contract is based on the General Terms and Conditions (GTC).

between you, as a customer (aged 18 and over), and

me, Nini Gollong, Schillerpromenade 8, 12049 Berlin,

Tel.: 01628515507, Mail: contact@animal-communications.com, as provider.

1.2. Subject matter of the contract / Services offered:

This contract governs the sale of one or more services from the areas of Reiki, animal communication, walking, coaching, consulting, support, and seminars. Specific details of each offer can be found in the product description on the respective offer page, or communicated verbally, in a flyer, or similar material.

Minor deviations resulting from the individual course of an appointment or seminar, or from a joint decision made at the request of the participants, remain unaffected.

1.3. Conclusion of contract:

The contract is concluded verbally, by telephone, or by email. The offers presented constitute a non-binding invitation to submit an offer through a customer order, which I, as the provider, may accept, but am not obligated to accept.

Registration is binding.

The ordering process up to the conclusion of the contract includes the following steps:

1. You write to me in an email or describe to me in a telephone conversation which services you want from my offer and I will then send you further information.

2. A fixed date for the service, the exact location where the appointment will take place, the payment terms, and everything else will be agreed upon between you and me.

3. and confirmed orally or in writing. The contract also comes into effect upon the agreed arrival or provision of the service.

1.4. Contract design:

The contract can be concluded orally or in writing.

Please let me know if you would like to receive the contract text in written form.

For seminars, I will send you a confirmation of your seminar place by post in advance.

unless the registration was made so close to the seminar that this is no longer possible.

1.5. Offsetting:

You are only entitled to set-off if your counterclaims have been legally established or acknowledged by me. You may only exercise a right of retention if your claims arise from the same contractual relationship.

1.6. Termination by me:

I reserve the right to...

- in the event of irreconcilable misunderstanding, misinterpretation or misinterpretation between you or a person present and me,

- in cases where animal welfare is clearly relevant,

- an animal that seemed too dangerous to me

- or anything else that would prevent me from fulfilling my offers,

I may terminate your appointment or your participation in the seminar at any time.

In this case, you only pay my previously agreed travel expenses for an appointment, as well as for the time of the service until it is cancelled, and no return travel expenses whatsoever.

For seminars, you only pay the pro-rata amount, calculated according to the time you attended. You will either receive the difference between this amount and your payment in cash, or I will transfer it to you within fourteen days.

1.7. Applicable law, jurisdiction and language:

The laws of the Federal Republic of Germany shall apply exclusively. The place of performance and jurisdiction is Berlin. The contract is written in German. All further communication regarding this contractual relationship will be conducted in German.

2. Cancellation Policy

2.1. Your right of withdrawal:

As a customer, you have the right to cancel your booking of an appointment or seminar within fourteen days of placing the order, without giving any reason. To exercise your right of cancellation, you must inform us of your decision to cancel this contract within fourteen days of its conclusion and before the cancellation period expires, by means of a clear statement, e.g., by letter sent by post or email. You can fill out the following model cancellation form, but this is not mandatory.

If you have already made payments to me, please explicitly provide your bank details for a refund. I will then confirm receipt of your cancellation.

2.2. Sample "cancellation form":

"To: Nini Gollong, Schillerpromenade 8, 12049 Berlin

I hereby revoke the contract I concluded for the provision of the following service: ... (specify the service here in detail),

which I booked with you on ... (insert date here).

With kind regards - ... (insert your first and last name here)

My address is: ... (insert your postal address here)

Your signature (only for paper communications)

Date: ... (insert date here)."

2.3. Consequences of a revocation:

You will not incur any costs from my side if you cancel.

If you requested that the service begin during the withdrawal period, you must pay me a reasonable amount corresponding to the proportion of services already provided up to the point at which you inform me of your decision to withdraw from this contract, compared to the total scope of services stipulated in the contract. This would be the case, for example, if I am already on my way to you or an address you have specified. In that case, you must pay me the travel expenses for the round trip that we agreed upon beforehand.

If you request that I begin performing the commissioned service before the end of the withdrawal period, or if you purchase something from me, then your right of withdrawal expires upon complete fulfillment of the contract.

If you cancel the contract in a timely manner and before the service is provided, I will reimburse all payments received from you without undue delay and at the latest within fourteen days from the day on which I received your cancellation notice. For this reimbursement, I will use the same payment method that you used for the original transaction, unless we have agreed otherwise.

I will not charge you any fees or make any deductions for this repayment.

Please note that if I do not already have your bank details by letter or email, you must send them to me explicitly by email or other means.

I kindly ask for your understanding if, as a sole proprietor, in the event of serious illness, a long-distance trip, or force majeure, I might not be able to make the payment by bank transfer slip on time, but only immediately after the preventing event.

3. Payment terms

3.1. Payments for all my services

Payment is due in cash at the latest at the end of each appointment or at the beginning of each seminar, unless a different arrangement has been agreed upon beforehand, e.g. an advance payment in cash or by bank transfer or payment in installments.

The invoice amount is due upon receipt of the invoice, which contains all the necessary information for the transfer, and must be transferred to the account specified on the invoice by the stated payment deadline. Please feel free to contact me if you require a different payment method than the one specified.

3.2. Discounts and social places:

For the seminars, there is a likely possibility of payment in installments, an individual discount, or a subsidized place. This possibility cannot be guaranteed.

A subsidized spot costs €10 and is available to animal welfare activists, as well as those with limited financial means, such as single parents, low-income earners, pensioners, the unemployed, and students. Just ask me about the options!

I want everyone to be able to participate when their heart calls to them...

3.3. Installment payment:

Please note that installment payments only defer payment of a portion of the total amount owed. Offering installment payments does not mean that appointments or seminars can be booked partially. This is not possible, and therefore partial cancellation or withdrawal of an entire offer is not permitted.

3.4. All prices

The prices on the website are final prices.

Should a price change, the change will not apply to existing registrations, but only to new registrations from the day on which the change takes place.

3.5. Outstanding invoice amounts

Payment is due within 14 days of the service being provided, unless otherwise agreed. Failure to comply within this timeframe will automatically result in you being in default of payment and subject to legal action.

4. Cancellation

4.1. Cancellation:

Should you be unable to attend an appointment or seminar due to unforeseen and important reasons, please inform me as soon as possible by both telephone AND email – in other words, twice!

For your cancellation, it is sufficient if you contact me as the provider,

a) Call and inform me personally or leave a slowly spoken, detailed and clearly understandable message with my name on the answering machine or via SMS AND

b) Write in an email or letter: "Good day, I hereby cancel my participation in the seminar/appointment on [date]. Kind regards, [name and last name]." I will then confirm receipt of your cancellation.

4.2. Consequences of a cancellation:

If I am already en route to you or an address you have specified when I cancel, you will have to pay me the previously agreed-upon round-trip travel expenses. Otherwise, you will incur no costs in the event of a cancellation.

However, when cancelling your appointment or seminar, please bear in mind that the sooner you cancel, the easier it is for another person, e.g., someone who inquired or is on a waiting list, to organize everything to take over the vacated appointment or place.

Should I have already received a deposit or full payment from you, I will, provided you explicitly send me your bank details by email (if I don't already have them), refund the money you transferred to me in euros without any fees or deductions. This will be done no later than fourteen days from the day I confirm receipt of your cancellation notice.
I kindly ask for your understanding if, as a sole proprietor, in the event of serious illness, a long-distance trip, or force majeure, I might not be able to make the payment by bank transfer slip on time, but only immediately after the preventing event.

4.3. My refusal:

Should a meeting or seminar unfortunately have to be cancelled due to short-notice cancellations by other registered participants, cancellation by the venue, force majeure, illness on my part, or sudden, unavoidable events in my life, an equivalent alternative date will be offered. Unfortunately, no further claims can be made beyond this.

It may therefore be advisable to take out private travel cancellation insurance or similar if you are coming from further away.

5. Business liability insurance

The "Liability Insurance for Business and Profession" policy is with Continental Insurance AG, Colonia-Allee 10-20, 51067 Cologne, Germany. The geographical scope of coverage is Germany.

6. Notes

6.1. My services do not replace examinations, diagnoses, and treatments.

by veterinarians, doctors or alternative practitioners.

6.2. I provide support and advice.

in my work and as a seminar leader.

6.3. I make no promises of success, healing, or change.

It is not possible to guarantee that desired goals will be achieved.

6.4. Responsibility for oneself or for one's animal

The service remains with you at all times, including phone calls, emails, conversations, appointments, and seminars. You are and remain fully responsible for your own physical and mental health, as well as that of the animal, throughout all services provided.

6.5. The decision of what to do with the information received

Any information you create during and after a phone call, conversation, email, appointment, seminar, etc., always remains with you.

6.6. People with psychiatric disorders or illnesses

They are legally excluded from consultation, treatment, practice sessions and seminar participation.

7. Conditions for customers and their animals

7.1. The contracting party assures,

that the animal(s) to which I am subject during house and farm visits or other agreed meeting points is adequately covered by liability insurance, so that material damage or damage to myself and to others is adequately covered.

7.2. When bringing an animal into my rented premises

The contracting party assures that their animal, in particular their dog, is adequately covered by liability insurance so that material damage or damage to a person and other property is sufficiently covered.

7.3. Furthermore, the contracting party assures that the animal

The animal must not have any mite, fungal, or flea infestation. Furthermore, it must be communicated sufficiently in advance of the appointment or the start of the seminar if the animal has a contagious disease, is excessively aggressive, or if a female dog is in heat. "Sufficiently in advance" means that there is enough time to find an alternative solution, such as conducting the appointment as a home visit, rescheduling the appointment or seminar participation, or canceling it altogether. I reserve the right to cancel in such cases without any further claims against me.

7.4. You as a customer are required to cooperate and provide care.

both for the well-being of one's own dog and for that of other dogs present.

7.5. Should the information you provided in sections 7.1, 7.2 and 7.3 not be true,

Am I entitled to cancel already agreed or started appointments or participation in seminars without you having a right to a refund, or, if a person from the waiting list could have taken your place with timely cancellation (=five days before the seminar), to retain the entire seminar fee?

Furthermore, I reserve the right to claim damages, such as the costs for a complete cleaning of my business premises by myself or a pest control company.

7.6. Should the information you provided in sections 7.1, 7.2 and 7.3 not be true

I accept no liability for any damage of any kind that may occur to other course participants or their animals as a result.

8. Disclaimer

8.1. Attending an appointment

Participation in a seminar, visiting my practice, using the practice access and other premises used as part of an offer, as well as dealing with any animals that may be present, is at your own risk and responsibility.

8.2. This disclaimer includes

Sections 823 (Liability for Damages), 833 (Liability of the Animal Keeper) and 834 (Liability of the Animal Supervisor) of the German Civil Code (BGB) are included.

8.3. Liability,

Liability, including for legal representatives or vicarious agents, is limited to gross negligence and intent.

8.4. I accept no liability.

for products or services from external cooperation partners or speakers who participate in or are present at appointments, events or other services.

9. Information regarding my offers in relation to the German Medicines Advertising Act

9.1. According to the German Act on Advertising of Therapeutic Products

Pursuant to Section 3 of the German Advertising Act for Medicinal Products (HWG), I must point out that the methods presented here are alternative methods that are not sufficiently scientifically proven and are therefore not scientifically recognized.

9.2. The photos

The images on this website are intended to enhance its appearance. Some photos on the subpages, in addition to their aesthetic purpose, also serve to illustrate the course content, as indicated on those subpages. These are not photos of my commercial therapy services being offered.

9.3. The Examples

The experiences described in the so-called "case studies" and "feedback" sections on the subpages of this website are individual cases according to Section 3, Paragraph 2, Numbers 2a and 2b of the German Advertising Act for Medicinal Products (HWG). This is not intended to create the impression that success can be guaranteed – see point 6.3 below.

10. Secrecy

I treat all information entrusted to me and received during appointments, conversations and seminars as confidential and will not pass it on to third parties unless there is explicit, personal consent or I am legally obligated to do so.

It is possible that information or circumstances may be passed on by me in anonymized, unidentifiable form, e.g. as a general experience report.

11. Copyrights

11.1. Third-party copyrights:

Where content and works on this site have not been created by the operator, the copyrights of third parties are respected and indicated as such. Should you nevertheless become aware of a copyright infringement, please notify me accordingly free of charge. Upon becoming aware of any legal infringements, I will remove such content immediately or mark it correctly.

11.2. Only with prior, express permission:

The seminar folders, as well as in general the distribution, dissemination, publication or use of any visual and acoustic recordings of or with me, my practice or my work, remain subject to copyright and are not permitted or are only permitted with prior express written consent from me, Nini Gollong.

12. Data Privacy Statement**

Data protection:

In connection with the initiation, conclusion, execution, and termination of a contract based on these terms and conditions, I, as the provider, collect, store, and process data. This is done within the framework of the legal provisions.


Name and address of the data 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:

Nini Carolina Gollong, Schillerpromenade 8 in 12049 Berlin in Germany

Tel.: 0162-8515507, Email: contact@animal-communications.org

Website: www.animal-communications.org

(Note: By contacting me, you agree to my company's privacy policy and terms and conditions)

Cookies

My website uses cookies. Cookies are text files that are 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 for the cookie. It consists of a string of characters that allows websites and servers to recognize the specific internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain different cookies. A specific internet browser can be recognized and identified via the unique cookie ID. By using cookies, I can provide you, as a user of this website, with more user-friendly services that would not be possible without setting cookies. A cookie allows the information and offers on this website to be optimized for the user. As mentioned above, cookies allow me to recognize users of this website. The purpose of this recognition is to make it easier for users to navigate this website. For example, a user of a website that uses cookies does not have to re-enter their login details every time they visit the website, because this is taken care of by the website and the cookie stored on the user's computer system.

You can configure your browser to notify you when cookies are set and to allow cookies only in individual cases, to accept cookies in certain cases or to generally reject them, and to automatically delete cookies when you close your browser. Disabling cookies may limit the functionality of this website.

By setting cookies, this web server can recognize your browser, your individual settings on our websites, and, if applicable, parts of your login data in encrypted form. This makes it easier for you to use this portal, enables automatic login, and allows your browser to be recognized on your next visit. Depending on your settings, the cookies set by the website can be deleted after each session. You can configure your browser settings to reject cookies, delete cookies from your computer, block cookies, or be prompted before cookies are set.

The person concerned can prevent the setting of cookies by my website at any time by adjusting the settings of their internet browser accordingly, and thus permanently object to the setting of cookies.

Furthermore, cookies that have already been set can be blocked or 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, some functions of our website may not be fully usable.

Cookies used (types and categories):

Depending on their purpose and function, the cookies used by this website are divided into the following categories:

1. Strictly necessary cookies;
2. Functional cookies;
3. Performance cookies;
4. Marketing / Third-party / Consent-required cookies

Regarding point 1, "Strictly necessary cookies": These ensure that this website, or rather the service, functions properly. This means that without these cookies, this website, or rather the service, cannot be used as intended. This type of cookie is used exclusively by the website operator (first-party cookies), and all information stored in the cookies is only sent to this website.

You can find accurate and up-to-date information in the notices on the mandatory cookie banner that appears when you open my website.

The following strictly necessary cookies are used on this website:

Name | Purpose | Duration | ckies_functional | Opt-out for Functional Cookies | 1 year | ckies_performance | Opt-out for Performance Cookies | 1 year | ckies_marketing | Opt-out for Marketing/Third Party/Consent-Required Cookies | 1 year

The use of strictly necessary cookies on this website is possible without the user's consent. Therefore, strictly necessary cookies cannot be individually deactivated or activated. This function is only available for cookies requiring consent, namely functional cookies, performance cookies, and marketing/third-party/consent-required cookies. However, the user can deactivate cookies in general in their browser at any time – see the section "Deactivating, blocking, or deleting all cookies." The legal basis for the use of first-party cookies is a legitimate interest, i.e., an interest in the analysis, optimization, and economic operation of this website and its services, within the meaning of Article 6(1)(f) of the GDPR.

Regarding point 2, "Functional Cookies": These enable this website to store information such as usernames or language preferences and, based on this information, offer improved and personalized functions to the user. These cookies collect and store only anonymized information.

This website uses the following functional cookies:

Name | Purpose | Duration | cookielaw | Has the cookie banner been clicked? | 1 year | shd | Set when the user logs in to their Jimdo site | 1 year | has_close_teaser | Indicates whether the user has closed a teaser so that it is not displayed again | Session

As a user, you can object to the use of functional cookies at any time by adjusting your cookie settings accordingly. The legal basis for the use of functional cookies is a legitimate interest, i.e., an interest in the analysis, optimization, and economic operation of this website and its services, within the meaning of Article 6(1)(f) of the GDPR.

Regarding point 3, "Performance Cookies": These cookies collect information about how the website is used in order to improve its attractiveness, content, and functionality. For example, they help determine whether and which subpages of a website are visited and which content users are particularly interested in. The number of visits to a page, the number of subpages viewed, the time spent on the website, the sequence of pages visited, the search terms that led you to the website, the country, region, and, if applicable, the city from which the access originates, as well as the proportion of mobile devices accessing the website. For technical reasons, the IP address of a computer is transmitted but automatically anonymized and does not allow any conclusions to be drawn about individual users.

Users of this website have the right to object, on grounds relating to their particular situation, to the processing of personal data concerning them for statistical purposes pursuant to Article 89(1) GDPR. To exercise this and other data subject rights, data subjects may contact the address provided in the legal notice or privacy policy at any time.

This website does not use performance cookies.

Regarding point 4, "Marketing/Third-Party/Consent-Required Cookies": These originate from external advertising companies, among others, and are used to collect information about the websites visited by the user in order to, for example, create targeted advertising for the user. No marketing/third-party/consent-required cookies are used on this website.

As a user, you can object to the use of marketing cookies at any time by adjusting your cookie settings accordingly. Due to the described purposes of use – see Article 6.a. of the GDPR – the legal basis for processing personal data using cookies is Article 6(1)(f) of the GDPR. If you, as a user, have consented to the use of cookies based on one of the notices provided on the website, the so-called

If a user has given consent to the use of cookies via a "cookie banner", the lawfulness of the use is additionally governed by Art. 6 para. 1 sentence 1 lit. a GDPR.

As a user, you can generally configure your web browser to prevent cookies from being stored on your device altogether, or to ask you each time whether you agree to the setting of cookies. You can delete cookies that have already been set at any time. How this works is described in the help function of your respective web browser. A general deactivation of cookies may lead to functional limitations of this website.

Regarding the use of Google Analytics and Google:
This website does not use any features of the web analytics service Google Analytics.

(The provider is "Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland". Google Analytics uses so-called "cookies". These are text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of this website is generally transmitted to and stored on a Google server in the USA.)

Regarding your IP anonymization: The IP anonymization function is activated on this website. This means that your IP address is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area before being transmitted to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity, and to provide other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

-Prevention of the use of cookies and data through browser plugin:

You can prevent the storage of cookies by adjusting your browser settings; however, please note that in this case you may not be able to fully utilize all the functions of this website. Furthermore, you can prevent Google from collecting and processing data generated by the cookie and related to your use of the website (including your IP address) by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de

-Objection to data collection:

You can prevent Google Analytics from collecting your data. An opt-out cookie will be set, which prevents the collection of your data on future visits to this website and deactivates Google Analytics. More information about this and how Google Analytics handles user data can be found in Google's privacy policy: https://support.google.com/analytics/answer/6004245?hl=de

-Order data processing:

The strict requirements of the German data protection authorities are fully implemented when using Google Analytics.
-Demographic characteristics and your right to object to Google Analytics:

This website uses the "demographic characteristics" feature of Google Analytics. This allows reports to be generated that contain information about the age, gender, and interests of website visitors. This data comes from Google's interest-based advertising and from third-party visitor data. This data cannot be attributed to any specific individual. You can deactivate this feature at any time via the ad settings in your Google account or generally prohibit the collection of your data by Google Analytics as described in the section "Objection to data collection".

Based on legitimate interests, i.e., the interest in analyzing, optimizing, and operating the online service economically, as defined in Article 6(1)(f) of the GDPR, I use Google Analytics, a web analytics service provided by Google LLC ("Google"). Google uses cookies. The information generated by the cookie about users' use of the online service is generally transmitted to and stored on a Google server in the USA. Google is certified under the Privacy Shield Framework and thus guarantees compliance with European data protection law – www.privacyshield.gov/participant.

Google will use this information on my behalf to evaluate users' use of our online services, to compile reports on activity within these online services, and to provide us with other services related to the use of these online services and internet usage. Pseudonymous user profiles may be created from the processed data.

This website uses Google Analytics with IP anonymization enabled. This means that Google shortens the IP address of users within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.

Web fonts

This website uses Google Fonts from Google, whereby user data is used solely for the purpose of displaying the fonts in the user's browser. This integration is based on the legitimate interest in the technically secure, maintenance-free, and efficient use of fonts, their consistent display, and in compliance with any applicable licensing restrictions. Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.https://fonts.google.com/Privacy Policy:https://policies.google.com/privacy; Privacy Shield (guaranteeing a level of data protection when processing data in the USA):https://www.privacyshield.gov/participant?id=a2zt0000000TRkEAAW&status=Active.

Collection of general data and information / Server log files

The website provider automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. This means that this website collects a range of general data and information each time it is accessed by a data subject or an automated system. This general data and information is stored in the server's log files. This includes:

(1.) the browser types and versions used,

(2.) the operating system used by the accessing system,

(3.) the website from which an accessing system reaches this website - so-called referrer,

(4.) the sub-web pages which are accessed via an accessing system to this website,

(5.) the date and time of access to the website,

(6.) an Internet Protocol address - i.e. the IP address,

(7.) the Internet service provider of the accessing system and

(8.) other similar data and information that serve to protect against threats in the event of attacks on my information technology systems.

This data will not be combined with other data sources.

Routine deletion and blocking of personal data

The data controller, Iljana Planke, processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage, or as long as this is provided for by the European legislator or another legislator in laws or regulations to which the data controller is subject. If the purpose of storage ceases to apply, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or deleted in accordance with legal requirements.

Your rights:

In accordance with Article 17 GDPR, you have the right to request that the data in question be deleted without undue delay, or alternatively, in accordance with Article 18 GDPR, to request a restriction of the processing of the data.

You have the right to request access to the data concerning you that you have provided to me in accordance with Article 20 GDPR and to request its transmission to other controllers.

Furthermore, pursuant to Article 77 GDPR, you have the right to lodge a complaint with the competent supervisory authority.

Right of withdrawal: You have the right to withdraw any consent you have given pursuant to Art. 7 para. 3 GDPR with effect for the future.

Upon request, I will gladly provide you with free information about the data stored concerning you, its origin, the recipients, and the purpose of the storage. You can obtain this information using the contact details below. If the legal requirements are met, you have the right to rectification, blocking, or erasure of your data at any time. Please contact me using the contact details provided in the text.

Rights of the data subject

a) The right to confirmation

In accordance with Article 15 of the GDPR, every data subject has the right, granted by the European legislator, to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact an employee of the controller.

b) The right to information

Every data subject has the right, granted by the European legislator, to obtain from the controller, free of charge, information about the personal data stored concerning him or her and a copy of this information. Furthermore, the European legislator 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 have been or will be disclosed, in particular recipients in third countries or international organisations

-where possible, the planned 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 a right to rectification or erasure of personal data concerning them or to restriction of processing by the controller or a right to object to such processing

-the existence of a right to lodge a complaint with a supervisory authority

-if the personal data are not collected from the data subject: All available information about the source of the data

-the existence of automated decision-making, including profiling, pursuant to 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 envisaged consequences of such processing for the data subject.

Furthermore, the data subject has the right to obtain information as to whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to exercise this right of access, they may contact the data controller at any time.

c) Right to rectification

Every data subject whose personal data is being processed has the right, granted by the European legislator, under Article 16 of the GDPR, to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right, taking into account the purposes of the processing, to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, he or she may contact the data controller at any time.

d) Right to erasure (right to be forgotten)

Every data subject has the right, granted by the European legislator, to request from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and where the processing is not necessary:

-The personal data were collected or otherwise processed for purposes for which they are no longer necessary.

-The data subject withdraws their consent on which the processing was based pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal basis for the processing.

-The data subject objects to the processing pursuant to Article 21(1) GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.

-The personal data was processed unlawfully.

-The erasure of personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.

-The personal data were collected in relation to information society services offered in accordance with Article 8(1) GDPR.

If one of the aforementioned reasons applies and a data subject wishes to have their personal data stored by Iljana Planke erased, they may contact the data controller at any time. Iljana Planke will ensure that the erasure request is complied with immediately.

If I. Planke's personal data has been made public and the company, as the controller pursuant to Article 17(1) GDPR, is obligated to erase the personal data, I. Planke shall, taking into account available technology and the cost of implementation, take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested from those other controllers the erasure of all links to, or copies or replications of, that personal data, insofar as processing is not necessary. I. Planke will take the necessary steps in each individual case.

e) Right to restriction of processing

Every data subject whose personal data is being processed has the right, granted by the European legislator, to request from the controller the restriction of processing where one of the following applies:

-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 refuses to have the personal data erased 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 defense of legal claims.

-The data subject has objected to the processing pursuant to Art. 21 para. 1 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 restrict the processing of their personal data stored by I. Planke, they may contact the data controller at any time. I. Planke will then implement the restriction of processing.

f) Right to data portability

Every data subject has the right, granted by the European legislator, to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit those data to another controller without hindrance from the controller to whom the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) of the GDPR or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, provided that the processing is not 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 their right to data portability pursuant to Article 20(1) GDPR, the data subject has the right to have their personal data 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 their right to data portability, the data subject may contact I. Planke at any time.

g) Right to object

Every data subject has the right, granted by the European legislator, to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions. In the event of such an objection, I. Planke will no longer process the personal data unless it can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the purpose of establishing, exercising or defending legal claims. Where I. Planke processes personal data for direct marketing purposes – which is not the case – the data subject has the right to object at any time to processing of personal data concerning him or her for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the processing of their personal data by I. Planke for direct marketing purposes, I. Planke will no longer process the personal data for these purposes. Furthermore, the data subject has the right to object, on grounds relating to their particular situation, to the processing of personal data concerning them which is carried out by I. Planke for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

To exercise their right to object, the data subject may contact I. Planke directly. Furthermore, in connection with the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject is free to exercise their right to object by automated means using technical specifications.

h) Automated individual decision-making, including profiling

Every data subject has the right granted by the European legislator 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, unless the decision (1) is necessary for entering into, or performing, a contract between the data subject and a data controller, or (2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.

Where the decision (1) is necessary for entering into, or performing, a contract between the data subject and the controller, or (2) is made with the data subject’s explicit consent, I. Planke shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

If the data subject wishes to assert rights relating to automated decision-making, they can contact the data controller at any time.

i) Right to withdraw consent under data protection law

Every data subject has the right, granted by the European legislator, to withdraw their consent to the processing of their personal data at any time. If a data subject wishes to exercise their right to withdraw consent, they may contact the data controller at any time.

Legitimate interests pursued by the controller or a third party in the processing

If the processing of personal data is based on Article 6 I lit. f GDPR, my legitimate interest is the conduct of business activities for the benefit of the practice and myself.

Legal or contractual requirements for providing personal data; necessity for entering into a contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data:

I would like to inform you that the provision of personal data is sometimes required by law (e.g., tax regulations) or may also arise from contractual provisions (e.g., information about the contracting party). In some cases, it may be necessary for a data subject to provide me with personal data that I subsequently need to process in order to conclude a contract. For example, the data subject is obligated to provide me with personal data if I/my company enters into a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing any personal data, the data subject must contact me. I will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract, 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.

Duration for which personal data is stored / Data deletion

The criterion for the duration of storage of personal data is the respective statutory retention period. Storage is based on our legitimate interests, as well as the user's interest in protection against misuse and other unauthorized use. This data is generally not disclosed to third parties, unless disclosure is necessary for the enforcement of our claims or there is a legal obligation to do so pursuant to Art. 6 para. 1 lit. c GDPR.

After the retention period expires, the relevant data is routinely deleted unless it is still required for contract fulfillment or initiation. Deletion occurs after the expiry of statutory warranty periods and similar obligations. The necessity of retaining the data is reviewed every three years; in the case of statutory archiving obligations, deletion occurs after their expiry.

The data I process will be erased or its processing restricted in accordance with Articles 17 and 18 of the GDPR. Unless expressly stated otherwise in this privacy policy, the data I store will be erased as soon as it is no longer required for its intended purpose and there are no legal obligations to retain it. If the data is not erased because it is required for other legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.

In accordance with legal requirements in Germany, records are retained for 6 years in particular pursuant to Section 257 Paragraph 1 Nos. 2 and 3, Paragraph 4 of the German Commercial Code (HGB) (commercial letters) and for 10 years pursuant to Sections 147 Paragraph 1 of the German Fiscal Code (AO), 257 Paragraph 1 Nos. 1 and 4, Paragraph 4 of the German Commercial Code (HGB) (books, records, management reports, accounting documents, ledgers, tax-relevant documents, etc.).

Contact

When you contact me, for example by email or telephone, your information will be processed in accordance with Article 6(1)(b) GDPR for the purpose of handling your inquiry. Your information may be stored in a customer relationship management system (CRM system) or a comparable system for managing inquiries. I delete inquiries when they are no longer needed. I review the necessity of retaining inquiries every two years; statutory archiving obligations also apply.

Provision of contractual services and business-related processing

I process

-Inventory data (e.g., name, address or contact details of users),

-Contract data (e.g. subject matter of the contract, services used, term)

-Payment details (e.g. bank details, payment information, payment process)

from customers, prospective customers and business partners for the purpose of providing and fulfilling our contractual obligations and services in accordance with Art. 6 para. 1 lit. b. GDPR.

Acknowledgment of the data protection policy and the declaration of consent are required for the conclusion of the contract.

Information stored in any customer account will remain until the account is deleted. Data is deleted after the expiration of statutory warranty periods and similar obligations. The necessity of retaining the data is reviewed every two years. In the case of statutory archiving obligations, deletion occurs after these obligations have expired.

Financial accounting, office organization, administration, contact management

I process data for administrative tasks, the organization of my business, financial accounting, and compliance with legal obligations, such as archiving. In doing so, I process the same data that I process when providing my contractual services. The legal bases for this processing are Article 6(1)(c) and (f) of the GDPR. Customers, prospective customers, business partners, and website visitors are affected by this processing. The purpose of and my legitimate interest in this processing lies in administration, financial accounting, office organization, and data archiving—tasks that serve to maintain business operations, fulfill obligations, and provide my services. The deletion of data relating to contractual services and contractual communication is carried out in accordance with the information provided for these processing activities. I disclose or transmit data to the tax authorities, advisors such as tax consultants or auditors, as well as other fee-collecting agencies and payment service providers. Furthermore, based on my legitimate business interests, I store information about suppliers, event organizers, and other business partners, for example, for later contact. I generally store this predominantly business-related data permanently.

Security measures

In accordance with Article 32 of the GDPR, taking into account the state of the art, the costs of implementation, and the nature, scope, context, and purposes of processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, I implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk. These measures include, in particular, ensuring the confidentiality, integrity, and availability of data by controlling physical access to the data, as well as access to, input of, disclosure of, and ensuring the availability and separation of the data. Furthermore, we have established procedures that guarantee the exercise of data subject rights, the erasure of data, and responses to data breaches. We also consider the protection of personal data during the development and selection of hardware, software, and processes, in accordance with the principles of data protection by design and by default (Article 25 GDPR).

Cooperation with processors and third parties

If, in the course of processing, I disclose data to other persons and companies, i.e., processors or third parties, transmit it to them, or otherwise grant them access to the data, this is done only on the basis of a legal permission, e.g., if the transfer of data to third parties is necessary for the performance of a contract pursuant to Art. 6 para. 1 lit. b GDPR, if you have given your consent, if a legal obligation requires it, or on the basis of legitimate interests, e.g., when using agents, web hosts, etc. If I commission third parties to process data on the basis of a so-called "data processing agreement," this is done on the basis of Art. 28 GDPR.

Transfers to third countries

If I process data in a third country, i.e., a country outside the European Union or the European Economic Area, or if this occurs in the context of using third-party services or disclosing or transferring data to third parties, this will only be done if it is necessary for fulfilling my pre-contractual or contractual obligations, based on your consent, due to a legal obligation, or based on my legitimate interests. Subject to legal or contractual permissions, I will only process or have data processed in a third country if the special requirements of Articles 44 et seq. of the GDPR are met. This means, for example, that processing takes place on the basis of special guarantees, such as the officially recognized finding of a level of data protection equivalent to that of the EU, e.g., for the USA through the "Privacy Shield," or compliance with officially recognized specific contractual obligations—so-called "standard contractual clauses."

Hosting

The hosting services I use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, security services, and technical maintenance services, which are used for the operation of this online service. In this context, I, or rather my hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, prospective customers, and visitors to this online service based on my legitimate interests in the efficient and secure provision of this online service pursuant to Art. 6 para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of a data processing agreement).

Collection of access data

I, or rather my hosting provider, collect data about every access to the server on which this service is located, based on legitimate interests within the meaning of Art. 6 para. 1 lit. f GDPR. This data consists of server log files. These access data include the name of the accessed website, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address, and the requesting provider. Log file information is stored for a maximum of 7 days for security reasons (e.g., to investigate misuse or fraud) and then deleted. Data that needs to be retained for evidentiary purposes is exempt from deletion until the respective incident has been fully resolved.

Disclosure of "special categories of data"

I process the data of clients, prospective clients, and other customers or contractual partners – collectively referred to as "clients" – in accordance with Article 6(1)(b) GDPR in order to provide them with my contractual or pre-contractual services. The data processed, its nature, scope, purpose, and the necessity of its processing are determined by the underlying contractual relationship.
I don't usually take notes during my meetings. However, should it become necessary for me to take handwritten notes during a meeting or seminar, you will receive them after I have provided the information.

Acute emergencies (e.g., accidents, seizures) are of course excluded from this. In such cases, the collection and transfer of personal data (e.g., name and telephone number) and special categories of data (e.g., health status) to third parties (e.g., emergency services) may be necessary in accordance with Article 6(1)(d) GDPR to protect the vital interests of the client or another natural person in accordance with Article 6(1)(a) and Article 7 GDPR. This data will be deleted when it is no longer required for fulfilling contractual or legal obligations of care, as well as for handling any warranty or similar obligations.

The necessity of retaining the data is reviewed every three years. Otherwise, statutory retention periods apply.

13. Existence of automated decision-making

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

14. Dispute Resolution / Implementation of the ODR Directive

The European Commission provides a platform for online dispute resolution (ODR) pursuant to Article 14(1) of the ODR Regulation, which you can access athttp://ec.europa.eu/consumers/ODRfind.

My contact details can be found in the legal notice. However, I am not obligated to participate in dispute resolution proceedings before a consumer arbitration board, as my company employs fewer than 10 people. As the business owner, I decline to participate in dispute resolution proceedings and, as a small business, am not required to do so.

15. Changes and Updates

I reserve the right to update and publish these Terms and Conditions at any time. If your consent is required, I will obtain it from you. Please review these Terms and Conditions on your next visit to ensure you are always up to date.

16. Legal validity

This privacy policy is to be considered part of the website from which this page was accessed. Should parts or individual clauses of this text not, no longer, or not fully comply with applicable law, the remaining parts of the terms and conditions shall remain unaffected in their content and validity.

The invalid provision shall be replaced by a valid one that, as far as possible, most closely approximates the intended purpose. In the case of provisions not specified in these Terms and Conditions, the relevant statutory regulations shall apply.

Nini Gollong, Berlin May 13, 2021

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**The privacy policy, from the section "Definitions" up to and including the section "Legal and contractual provisions," was essentially created using the free privacy policy generator of DGD - Deutsche Gesellschaft für Datenschutz GmbH (German Data Protection Society) in cooperation with data protection lawyer Christian Solmecke. Many thanks for that.

The sections "Duration for which personal data is stored / Data deletion" to "Implementation of ORD" in this privacy policy were generated using the free privacy policy generator from lawyer Dr. Thomas Schwenke www.DrSchwenke.de. Many thanks for that.

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