Data protection has a particularly high priority for the management of Tom Esser. Use of the Tom Esser website is in principle possible without any provision of personal data. However, if an affected person (data subject) wishes to use our company’s special services through our website, personal data processing may be required. If the processing of personal data is required and there is no legal basis for such processing, we generally seek the consent of the data subject.
As a controller, Tom Esser has implemented numerous technical and organizational measures to ensure the most complete protection possible for personal data processed via this website. Nevertheless, internet-based data transmissions can generally have security holes, so absolute protection cannot be guaranteed. For this reason, data subjects are free to submit personal data to us in alternative ways, for example by telephone.
a) Personal data
Personal data is any information that relates to an identified or identifiable natural person (the “data subject”). A natural person is considered to be identifiable who, directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier or one or more special features, which express the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.
b) Data subject
A data subject is any identified or identifiable natural person whose personal data is processed by the controller.
Processing means any procedure or series of operations performed with or without the aid of automated processes in relation to personal data such as gathering, collection, organisation, ordering, storage, adaptation or modification, reading, querying, use, disclosure by transmission, dissemination or other form of provision, matching or linking, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim to limit its future processing.
Profiling is any type of automated processing of personal data which involves the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to work performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location of this natural person.
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without additional information, provided that such additional information is kept separate and is subject to technical and organisational measures to ensure that the personal data is not assigned to an identified or identifiable natural person.
g) Controller or entity responsible for processing
This is the natural or legal person, public authority, agency or other body that, alone or in concert with others, decides on the purposes and means of processing personal data. Where the purposes and means of such processing are determined by Union law or the law of the Member States, the controller or the specific criteria for its designation may be provided for under Union or national law.
h) Commissioned processor
The commissioned processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or other entity to whom personal data is disclosed, whether or not it is a third party. However, authorities which may receive personal data under Union or national law in connection with a particular mission are not considered to be recipients in the above sense.
j) Third party
A third party is a natural or legal person, public authority, body or entity other than the data subject, the controller, the processor and the persons authorised under the direct responsibility of the controller or processor to process the personal data.
Consent is any expression of will voluntarily given by the data subject in an informed and unambiguous manner in the form of a statement or other unambiguous affirmative act by which the data subject indicates that they agree to the processing of their personal data.
2. The name and address of the controller
The controller within the meaning of the General Data Protection Regulation, other data-protection laws in the Member States of the European Union and other provisions of a data-protection nature is:
Responsible for content according to § 6 MDStV:
Tom Esser M.Sc. D.O.M.R.O.
Alternative practitioner and osteopath
Tel.: +49 30 25298968
Fax: +49 30 25298969
Responsible health department: Berlin-Charlottenburg
Tax number: 19/280/60940
The data subject can prevent the setting of cookies through our website at any time by means of a corresponding setting of the internet browser used and thus permanently object to the setting of cookies. Furthermore, already set cookies can be deleted at any time via the internet browser or other software programs. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, not all features of our website may be fully usable.
4. Collection of general data and information The Tom Esser website collects general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the log files of the server. The following data may be collected: (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the internet page from which an accessing system accesses our website (so-called referrers), (4) the sub-pages, 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 used in the event of attacks on our information technology systems.
When using this general data and information, Tom Esser does not draw any conclusions about the person of the data subject. Rather, this information is required to: (1) correctly deliver the contents of our website, (2) to optimise the content of our website and to advertise it, (3) to ensure the continued functioning of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyberattack. This anonymously collected data and information are evaluated by Tom Esser statistically and further with the aim to increase the data protection and data security in our company, in order to ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files is stored separately from all personal data provided by a data subject.
5. Registration on our website
The data subject has the opportunity to register on the website of the controller by providing personal data. The personal data to be sent to the controller is derived from the respective input mask used for the registration. The personal data entered by the data subject is collected and stored solely for internal use by the controller and for its own purposes. The controller may arrange for the transfer to one or more processors, such as a parcel service, who also uses the personal data only for internal use attributable to the controller.
When registering on the website of the controller, the IP address assigned by the internet service provider (ISP) of the data subject as well as the date and time of registration are also stored. The storage of this data takes place against the background that this is the only way the misuse of our services can be prevented; and this data makes it possible if needed to clarify committed offences. In this respect, the storage of this data is required for security on the part of the controller. This data is not disclosed to third parties, unless there is a legal obligation to disclose the data or it serves the purposes of law enforcement.
The registration of the data subject under voluntary provision of personal data serves the data controller to provide the data subject with content or services that, due to the nature of the case, can only be offered to registered users. Registered persons are free to modify the personal data given at registration at any time or to delete it completely from the database of the controller.
The controller must, at any time upon request, provide information to each data subject as to which personal data about the data subject is stored. Furthermore, the data controller must correct or delete personal data at the request or instruction of the data subject, insofar as this does not conflict with any statutory storage requirements. All employees of the controller are available to the data subject as contacts in this context.
6. Subscription to our newsletter
Users are given the opportunity to subscribe to our company newsletter on the Tom Esser website. The personal data is transmitted to the controller when the newsletter is ordered results from the input mask used for this purpose.
Tom Esser informs its customers and business partners at regular intervals by means of a newsletter about offers of the company. The newsletter of our company can only be received by the data subject if: (1) the data subject has a valid e-mail address, and (2) the data subject registers for the newsletter. For legal reasons, a confirmation e-mail will be sent to the e-mail address entered by a data subject for the first time for newsletter mailing using the double-opt-in procedure. This confirmation e-mail is used to check whether the data subject as the owner of the e-mail address authorised the receipt of the newsletter.
When subscribing to 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, as assigned by the internet service provider (ISP). The collection of this data is necessary in order to determine the (possible) misuse of a a data subject’s e-mail address at a later date and therefore serves as a legal safeguard for the controller.
The personal data collected in the context of registering for the newsletter will be used exclusively to send our newsletter. Subscribers to the newsletter may also be notified by e-mail if this is necessary for the operation of the newsletter service or registration, as might be the case in the event of changes to the newsletter or technical changes. There will be no transfer of the personal data collected as part of the newsletter service to third parties. Subscription to our newsletter may be terminated by the data subject at any time. Consent to the storage of personal data that the data subject has given us for the sending of the newsletter can be revoked at any time. There is a corresponding link in each newsletter, which can be used to revoke consent. It is also possible to unsubscribe from the newsletter at any time, directly on the controller’s website, or to inform the controller of the desire to unsubscribe in a different way.
7. Newsletter Tracking
The Tom Esser newsletter contains so-called counting pixels. A counting 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 a statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded pixel, Tom Esser can detect if and when an e-mail was opened by a data subject and which links in the e-mail were visited by the data subject.
Such personal data collected via the counting pixels contained in the newsletters will be stored and evaluated by the controller in order to optimise the delivery of newsletters 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 at any time entitled to revoke this separate declaration of consent made via the double-opt-in procedure. After revocation, this personal data will be deleted by the controller. Cancellation of the receipt of the newsletter is automatically interpreted by Tom Esser as a revocation.
8. Contact options via the website
Tom Esser’s website contains information required by law to enable others to contact our company quickly and to communicate with us directly, which also includes a general address for so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or through a contact form, the personal data provided by the data subject will be automatically saved. Such personal data, voluntarily transmitted by an individual to the controller, is stored for the purpose of processing or contacting the data subject. There is no disclosure of this personal data to third parties.
9. Routine deletion and blocking of personal data
The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or if it is required to do so by law, regulation or other legislation of the European legislator to which the controller is subject.
If the storage purpose no longer applies or if a storage period prescribed by the European directives and regulations or any other relevant legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
10. Rights of the data subject
a) Right of confirmation
Each data subject has the right granted by the European directive and regulatory authority to require the controller to confirm whether personal data relating to the data subject is being processed. If a data subject wishes to make use of this right of confirmation, they can contact an employee of the controller at any time.
b) Right to information
Any subject of the processing of personal data has the right granted by the European directive and regulatory authority to obtain at any time free information from the controller on the personal data stored about them and to receive a copy of this data. Furthermore, the European directive and regulatory authority has granted the data subject rights to the following information:
the processing purposes,
the categories of personal data being processed,
the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular to recipients in third countries or international organisations,
if possible, the planned duration for which the personal data is stored, or, if that is not possible, the criteria for determining that duration,
the right to rectification or erasure of the personal data concerning the data subject
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 on the origin of the data, the existence of automated decision-making including profiling in accordance with Art. 22 (1) and (4) GDPR, and — at least in these cases — meaningful information on the logic involved, and the implications and consequences of such processing for the data subject.
Furthermore, the data subject has a right to information about whether personal data has been transmitted to a third country or to an international organisation. If this is the case, the data subject has the right to obtain information about the appropriate guarantees in connection with the transfer.
If a data subject wishes to exercise this right to information, they may at any time contact an employee of the controller.
c) Right to rectification
Any subject of the processing of personal data has the right granted by the European directive and regulatory authority to demand the immediate correction of incorrect personal data concerning them. 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, they may, at any time, contact an employee of the controller.
d) Right to be forgotten
Any subject of the processing of personal data has the right granted by the European directive and regulatory authority to require the controller to immediately delete the personal data concerning them, if any of the following reasons apply and if the processing is not required:
The personal data has been collected for purposes or otherwise processed for purposes for which it is no longer necessary.
The data subject withdraws the consent on which the processing was based in accordance with Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR and there is no other legal basis for the processing.
The data subject objects to the processing in accordance with Art. 21 (1) GDPR, and there are no legitimate reasons for the processing, or the data subject objects to the processing according to Art. 21 (2) GDPR.
The personal data was processed unlawfully.
The deletion of personal data is necessary to fulfil a legal obligation under Union or national law to which the controller is subject.
The personal data was collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.
If one of the above reasons applies and a data subject wishes to initiate the deletion of personal data held by Tom Esser, they may, at any time, contact an employee of the controller. The employee of the Tom Esser will arrange for the deletion request to be fulfilled immediately.
If the personal data has been made public by Tom Esser and if our company is responsible as the controller for deleting personal data pursuant to Art. 17 (1) GDPR, Tom Esser will take appropriate measures, including technical ones, taking into account the available technology and the implementation costs, to inform other data controllers who process the published personal data that the data subject requires the other data controllers to delete all links to such personal data or all copies or replications of such personal data, as far as the processing is not required. The employee of Tom Esser will arrange the necessary measures in individual cases.
e) Right to limit processing
Any subject of the processing of personal data has the right granted by the European directive and regulatory authority to require the controller to restrict data processing if any of the following conditions are met:
The accuracy of the personal data is contested by the data subject for a period of time that enables the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject declines to delete the personal data and instead requests 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 requires it to assert, exercise or defend legal claims.
The data subject has objected to the processing pursuant to Art. 21 (1) GDPR, and it is not yet clear whether the legitimate reasons controller outweigh those of the data subject.
If any of the above conditions is met and a data subject wishes to request the restriction of personal data stored by Tom Esser, they may, at any time, contact an employee of the controller. The employee of the Tom Esser will initiate the restriction of processing.
f) Data portability
Any subject of the processing of personal data has the right granted by the European directive and regulatory authority to receive the personal data concerning them, which they have provided to a controller, in a structured, common and machine-readable format. The data subject also has the right to transfer this data to another controller without hindrance by the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR or on a contract pursuant to Art. 6 (1) (b) GDPR, and processing is done by means of automated processes, unless the processing is necessary for the performance of a mission of public interest or is done in the exercise of public authority that has been assigned to the controller.
Furthermore, in exercising their right to data portability under Art. 20 (1) GDPR, the data subject has the right to required that the personal data is transmitted directly from one controller to another controller, insofar as this is technically feasible and if this does not affect the rights and freedoms of others.
To assert the right to data portability, the data subject may at any time contact an employee of Tom Esser.
g) Right to objection
Any subject of the processing of personal data has the right, granted by the European directive and regulatory authority, at any time, for reasons arising from their particular situation, to object to the processing of personal data relating to them based Art. 6 (1) (e) or (f) GDPR. This also applies to profiling based on these provisions.
Tom Esser will no longer process personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for processing that outweigh the interests, rights and freedoms of the data subject, or the processing is for assertion, exercise or defence of legal claims.
If Tom Esser processes personal data in order to carry out direct advertising, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling, as far as it is associated with such direct advertising. If the data subject objects to processing by Tom Esser for direct advertising purposes, Tom Esser will no longer process the personal data for these purposes.
In addition, the data subject has the right, for reasons arising from their particular situation, to object to the processing of personal data relating to them, which Tom Esser undertakes for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) GDPR, unless such processing is necessary to fulfil a public-interest mission.
In order to exercise the right to objection, the data subject may directly contact any Tom Esser employee or another employee. The data subject is also free, in the context of the use of information society services, notwithstanding Directive 2002/58/EC, to exercise their right to objection by means of automated procedures using technical specifications.
h) Automated decisions on a case-by-case basis, including profiling
Any subject of the processing of personal data has the right granted by the European directive and regulatory authority not to be subject to a decision based exclusively on automated processing — including profiling — which has a legal effect on them or a similarly significantly effect, unless the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is permitted under Union or Member State legislation to which the controller is subject and such legislation contains appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, or (3) is based on the express consent of the data subject.
If the decision (1) is required for the conclusion or performance of a contract between the data subject and the controller, or (2) it takes place with the express consent of the data subject, Tom Esser will take appropriate measures to protect the rights and freedoms and legitimate interests of the data subject, including at least the right to obtain the intervention of a person on the part of the controller, the right to express their own position, and the right to contest the decision.
If the data subject wishes to exercise their rights regarding automated decision-making, they can contact an employee of the controller at any time.
i) Right to revoke data protection consent
Any subject of the processing of personal data has the right granted by the European directive and regulatory authority to revoke consent to the processing of personal data at any time.
If the data subject wishes to assert their right to revoke consent, they may, at any time, contact an employee of the controller.
The controller has integrated components of the company Facebook on this website. Facebook is a social network.
A social network is an internet-based social meeting place, an online community that typically allows users to communicate with each other and interact in virtual space. A social network can serve as a platform to exchange views and experiences, or allows the internet community to provide personal or business information. Facebook allows social-network users to create private profiles, upload photos and socialise via friend requests.
The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. The controller responsible for the processing of personal data, if an affected person lives outside the US or Canada, is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland.
During each visit to one of the individual pages of this website, which is operated by the controller and on which a Facebook component (Facebook plug-in) has been integrated, the internet browser on the information technology system of the data subject is automatically caused, via the respective Facebook component, to download a representation of the corresponding Facebook component. An overview of all Facebook plug-ins can be found at: https://developers.facebook.com/docs/plugins/?locale=en_US As part of this technical process, Facebook receives information about which specific sub-page of our website is visited by the person concerned.
If the data subject is simultaneously logged into Facebook, Facebook recognises with each visit to our website by the data subject and during the entire duration of the respective stay on our website, which specific sub-page of our website the data subject visits. This information is collected through the Facebook component and assigned by Facebook to the respective Facebook account of the data subject. If the data subject activates one of the Facebook buttons integrated on our website, for example the “Like” button, or if the data subject makes a comment, Facebook assigns this information to the personal Facebook user account of the data subject and saves this personal data.
Facebook always receives information via the Facebook component that the data subject has visited our website if the data subject is logged in to Facebook at the same time they access our website; this happens regardless of whether the person clicks on the Facebook component or not. If such a transfer of this information to Facebook is not desired by the data subject, they can prevent the transfer by logging out of their Facebook account before visiting our website.
The controller has integrated the Google+ button as a component on this website. Google+ is a so-called social network. A social network is an internet-based social meeting place, an online community that typically allows users to communicate with each other and interact in virtual space. A social network can serve as a platform to exchange views and experiences, or allows the internet community to provide personal or business information. Google+ allows social-network users to create private profiles, upload photos, and socialise through friend requests, among other things.
Google+’s operating company is Google Inc., 1600 Amphitheater Pkwy, Mountain View, CA 94043-1351, USA.
During each visit to one of the individual pages of this website, which is operated by the controller and on which a Google+ button has been integrated, the internet browser on the information technology system of the data subject is automatically caused, via the respective Google+ button, to download a representation of the corresponding Google+ button from Google. As part of this technical process, Google receives information about which specific sub-page of our website is visited by the person concerned. More detailed information about Google+ is available at https://developers.google.com/+/.
If the data subject is simultaneously logged into Google+, Google recognises with each visit to our website by the data subject and during the entire duration of the respective stay on our website, which specific sub-page of our website the data subject visits. This information is collected through the Google+ button and assigned by Google to the relevant Google+ account of the data subject.
If the data subject activates one of the Google+ buttons integrated on our website and thus makes a Google+1 recommendation, Google assigns this information to the personal Google+ user account of the data subject and stores this personal data. Google will store the Google+1 recommendation of the data subject and make it publicly available in accordance with the conditions accepted by the data subject. A Google+1 referral made by the data subject on this website will be subsequently stored and processed together with other personal data, such as the name of the Google+1 account used by the data subject and the photo stored in other Google services such as, for example, the search engine results of the Google search engine, the Google account of the data subject or other places, such as websites or in connection with advertisements. Furthermore, Google is able to link the visit to this website with other personal data stored on Google. Google also records this personal data for the purpose of improving or optimising Google’s different services.
Google always receives information via the Google+ button that the data subject has visited our website if the data subject is simultaneously logged in to Google+ at the time of accessing our website; this happens regardless of whether the person clicks the Google+ button or not.
If the data subject does not wish to transfer personal data to Google, they can prevent such transmission by logging out of their Google+ account before visiting our website.
The controller has integrated YouTube components into this site. YouTube is an internet video portal that allows video publishers to freely watch video clips and other users for free viewing, rating and commenting. YouTube allows the publication of all types of videos, so that both complete film and television broadcasts, but also music videos, trailers or user-made videos are availalbe via the internet portal.
YouTube’s operating company is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheater Pkwy, Mountain View, CA 94043-1351, USA.
During each visit to one of the individual pages of this website, which is operated by the controller and on which a YouTube component (YouTube video) has been integrated, the internet browser on the information technology system of the data subject is automatically caused, via the respective YouTube component, to download a representation of the corresponding YouTube component. More information about YouTube can be found at https://www.youtube.com/yt/about/en/. As part of this technical process, YouTube and Google are aware of the specific sub-page of our site visited by the data subject.
If the data subject is logged in to YouTube at the same time, YouTube recognises, when a sub-page containing a YouTube video is visited, which specific sub-page of our website the data subject has visited. This information is collected by YouTube and Google and associated with the individual YouTube account.
YouTube and Google will always receive information through the YouTube component that the data subject has visited our website if the data subject is simultaneously logged into YouTube at the time of access to our website; this happens regardless of whether the person clicks on a YouTube video or not. If such transmission of this information to YouTube and Google is not desired by the data subject, they can prevent the transmission by logging out of their YouTube account before visiting our website.
14. Legal basis of processing
Art. 6 (1) (a) GDPR serves our company as the legal basis for processing operations where we obtain consent for a particular processing purpose. If the processing of personal data is necessary to fulfil a contract of which the data subject is a party, as is the case, for example, in processing operations necessary for the supply of goods or the provision of any other service or consideration, processing is based on Art. 6 (1) (b) GDPR. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries regarding our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as the fulfilment of tax obligations, the processing is based on Art. 6 (1) (c) GDPR. In rare cases, the processing of personal data may be required to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our premises were injured and his or her name, age, health insurance or other vital information would have to be passed on to a doctor, hospital or other third party. In this case, processing would be based on Art. 6 (1) (d). Finally, processing operations could be based on Art. 6 (1) (f). Processing operations that are not covered by any of the above legal bases have this legal basis if processing is necessary to safeguard the legitimate interests of our company or a third party, unless the interests, fundamental rights and fundamental freedoms of the data subject prevail. Such processing operations are particularly allowed to us because they have been specifically mentioned by the European legislator. In this regard, it judged that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, sent. 2 GDPR).
15. Legitimate interests in processing pursued by the controller or a third party
If the processing of personal data is based on Art. 6 (1) (f), our legitimate interest is in conducting our business for the benefit of all of our employees and our shareholders.
16. Duration for which the personal data is stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After the deadline, the corresponding data will be routinely deleted, if it is longer required to fulfil the contract or to initiate a contract.
17. Legal or contractual provisions for the provision of 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 hereby clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information about the contracting party). Occasionally it may be necessary, in order for a contract to be concluded, that a data subject provide us with personal data that must subsequently be processed by us. For example, the data subject is required to provide us with personal data when our 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 closed. Prior to any personal data being provided by the data subject, the data subject must contact one of our employees. Our employee will inform the individual on a case-by-case basis whether the provision of the personal data is required by law or contract or is required for the conclusion of the contract, whether there is an obligation to provide the personal data, and the consequences of the non-provision of the personal data.
18. Use of automated decision-making
As a responsible company, we abstain from automated decision-making or profiling.