We are very pleased about your interest in our company. Data protection is of a particularly high priority for the management of Down to Earth Consult.

As a rule, using the website of Down to Earth Consult is possible without providing any personal data. However, if a data subject wishes to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The processing of personal data—such as the name, address, email address, or telephone number of a data subject—will always be in line with the General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations applicable to Down to Earth Consult.

By means of this privacy policy, our enterprise would like to inform the public of the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed of the rights to which they are entitled.

As the controller, Down to Earth Consult has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, internet-based data transmissions may in principle have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g., by telephone.

1. Definitions

This privacy policy is based on the terminology used by the European legislator when adopting the GDPR. Our privacy policy is intended to be easy to read and understand for the public, as well as for our customers and business partners. To ensure this, we would like to explain the terminology used beforehand.

We use the following terms in this privacy policy:

a) Personal Data: Any information relating to an identified or identifiable natural person („data subject“). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

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

c) Processing: Any operation or set of operations performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

d) Restriction of Processing: The marking of stored personal data with the aim of limiting their processing in the future.

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

f) Pseudonymisation: The processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

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

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

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

j) Third Party: A natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

k) Consent: Any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and Address of the Controller

The Controller for the purposes of the GDPR, other data protection laws applicable in Member States of the European Union, and other provisions related to data protection is:

Down to Earth Consult

Scharpenbargsweg 28
21149 Hamburg
Germany
Tel.: 04108-8215
info@down-to-earth-consult.com
www.down-to-earth-consult.com

3. Collection of General Data and Information (Server Log Files & Downloads)

The website of Down to Earth Consult collects a series of general data and information when a data subject or automated system calls up the website or downloads files (such as PDFs). This general data and information are stored in the server log files.

The elements collected may include:

– The browser types and versions used
– The operating system used by the accessing system
– The website from which an accessing system reaches our website (so-called referrers)
– The sub-websites and specific files (e.g., PDF documents) accessed or downloaded via an accessing system on our website
– The date and time of an access to the website
– An Internet Protocol address (IP address)
– The internet service provider of the accessing system
– Any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, Down to Earth Consult does not draw any conclusions about the data subject. Rather, this information is needed to:

1. Deliver the content and file downloads of our website correctly
2. Optimize the content of our website
3. Ensure the long-term viability and technical functionality of our information technology systems and website technology
4. Provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyberattack.

Therefore, Down to Earth Consult analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and ensuring an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

4. Routine Erasure and Blocking of Personal Data

The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

5. Rights of the Data Subject

If you wish to exercise any of the rights listed below, you may contact us at any time at the contact details provided in Section 2.

a) Right to Confirmation: Each data subject has the right to obtain from the controller confirmation as to whether or not personal data concerning them are being processed.

b) Right of Access: Each data subject has the right to obtain from the controller free information about their stored personal data at any time and a copy of this information, including the purposes of processing, categories of data, and recipients.

c) Right to Rectification: Each data subject has the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning them.

d) Right to Erasure (Right to be Forgotten): Each data subject has the right to obtain from the controller the erasure of personal data concerning them without undue delay where the legal grounds apply and processing is no longer necessary.

e) Right to Restriction of Processing: Each data subject has the right to obtain from the controller restriction of processing where specific legal conditions are met (e.g., accuracy is contested).

f) Right to Data Portability: Each data subject has the right to receive the personal data concerning them in a structured, commonly used, and machine-readable format to transmit it to another controller.

g) Right to Object: Each data subject has the right to object, on grounds relating to their particular situation, at any time, to the processing of personal data concerning them which is based on Art. 6(1)(e) or (f) GDPR.

h) Automated Individual Decision-Making, Including Profiling: Each data subject has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them.

i) Right to Withdraw Data Protection Consent: Each data subject has the right to withdraw their consent to the processing of their personal data at any time.

6. Data Protection Provisions About the Application and Use of YouTube

The controller has integrated components of YouTube on this website. YouTube is an internet video portal that enables video publishers to set video clips free of charge and other users, who also provide free viewing, review and comment on them.

For users within the European Economic Area (EEA) and Switzerland, the operating company of YouTube services is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. For all other users, the operating company is YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA (a subsidiary of Google LLC, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA).

With each call-up to one of the individual pages of this internet website, which is operated by the controller and on which a YouTube component (YouTube video) was integrated, the internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding YouTube component. Further information about YouTube may be obtained under [www.youtube.com/yt/about/](https://www.google.com/search?q=https://www.youtube.com/yt/about/). During the course of this technical procedure, YouTube and Google gain knowledge of what specific sub-page of our website was visited by the data subject.

If the data subject is logged in on YouTube at the same time, YouTube recognizes with each call-up to a sub-page that contains a YouTube video, which specific sub-page of our internet site was visited by the data subject. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.

YouTube and Google will receive information through the YouTube component that the data subject has visited our website, if the data subject at the time of the call-up to our website is logged in on YouTube; this occurs regardless of whether the person clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desirable for the data subject, the delivery may be prevented if the data subject logs out of their own YouTube account before a call-up to our website is made.

YouTube’s data protection provisions, available at [www.google.com/intl/en/policies/privacy/](https://www.google.com/intl/en/policies/privacy/), provide information about the collection, processing, and use of personal data by YouTube and Google.

7. Legal Basis of the Processing

Art. 6(1)(a) GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose.

Art. 6(1)(b) GDPR applies if the processing of personal data is necessary for the performance of a contract to which the data subject is a party, or for pre-contractual measures.

Art. 6(1)(c) GDPR applies if our company is subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations.

Art. 6(1)(d) GDPR applies in rare cases where the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person.

Art. 6(1)(f) GDPR is the legal basis for processing operations which are not covered by any of the above-mentioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party. This includes the collection of server log files and the technical delivery of embedded media.

8. Legitimate Interests Pursued by the Controller or by a Third Party

Where the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the technical administration, security, and smooth operation of our website (including file downloads and video integrations), as well as carrying out our business activities for the well-being of all our employees and shareholders.

9. Period for Which the Personal Data Will Be Stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer needed for the fulfillment of a contract or the initiation of a contract.

10. Statutory or Contractual Provisions for Providing Personal Data; Necessity for Entering into a Contract; Consequences of Failure to Provide Data

We 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 on the contractual partner).

Sometimes, in order to conclude a contract, it may be necessary for the data subject to provide us with personal data, which must subsequently be processed by us. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject may contact us directly via the contact information in Section 2.

11. Existence of Automated Decision-Making

As a responsible company, we do not use automatic decision-making or profiling on this website.

This privacy policy was adapted and updated based on a template generated by the DGD Deutsche Gesellschaft für Datenschutz GmbH (acting as External Data Protection Officer) in cooperation with IT and data protection lawyer Christian Solmecke.