GCRD international Dr. Pascal Ditté
Phone: +49 (0) 211 1635 2738
Fax: +49 (0) 2181 2136 932
USt-ID: DE 8153 16566
General Terms and Conditions
GCRD international Dr. Pascal Ditté
as of July 01 2019
1. General remarks and scope
1.1. The following contractual terms govern the relationship between GCRD international Dr. Pascal Ditté (hereinafter also referred to as “GCRD international”, “GCRD”, “We”) and its customers and suppliers (hereinafter also referred to as “Subscriber”, “Client“, “User“ , “Contributor“, “You”).
1.2. GCRD conducts business exclusively on the basis of the below General Terms and Conditions. These may be requested at any time by phone, fax or email. For an initial order, the General Terms and Conditions are also transmitted in writing along with the contract documents.
We expressly reject any terms and conditions that contradict or deviate from our General Terms and Conditions, and these shall not become part of the contract through acceptance of the offers from GCRD or GCRD subscription orders, even if GCRD has not once more expressly rejected them.
1.3. For subscription orders to GCRD products, the following regulations shall apply: A completed and signed subscription order form sent from a prospective Client to GCRD is regarded as an offer to GCRD to conclude a subscription contract. The Client receives a confirmation of receiving the subscription order form by GCRD, which is however not yet a confirmation of a subscription contract.
A subscription contract between the Client and GCRD becomes effective as soon as (a) the Client has been granted access to the requested information product by GCRD and the Client has (b) received the invoice from GCRD about the subscription with details of the order within (c) a contract acceptance period of up to five working days from the date of sending the subscription order form.
2. Products and services
GCRD international Dr. Pascal Ditté was established in 2011. The core business of the company is the provision of information about relevant research sources for the carrying out of compliance research and integrity due diligence in the form of web-based data bases (hereinafter also referred to as “Product”, “data base”, “data bases”, “data product”, “data products” or “Directory”). Advisory services are offered in addition and on request.
2.1. The purpose of the GCRD data products is to draw up the most comprehensible possible general view of worldwide compliance-relevant research sources, relevant registers, products and services.
The data bases have been conceived as a structured material collection of raw information or quotes on different topics and individual questions which contain information and links to the references or information on their origin/source. It thus offers not editorially finalised information profiles but, rather, a professional collection of links and material with information on the sources which contain the level of information at the point of time of collection and indicators which should alleviate their evaluation.
In addition, analysis and interpretation of data may be included as well.
2.2. The content depends on the product and may be generated from desktop/data research or expert input including user generated content. Other sources of input may be used as well, depending on the product or service.
2.3. Through the way and manner of the information presentation and the provision of metadata on the information origin concerned, where possible, the user is to be given support in forming his own judgement on the origin and reliability of individual pieces of information. The valuation of the information is thus the responsibility of the user.
2.4. Inasmuch as the data base content concerns descriptions of commercial providers and services, the content may have the character of advertising in particular if it concerns information which originates from the commercial providers themselves or is collected from them.
2.5. The nomination of product or company names or brands, services or registers by GCRD only has descriptive character. No violation of copyright or other rights of third parties by GCRD is intended at any point of time.
2.6. The entries in the data base and the nomination/description of companies, products, services, registers, sources etc. are in no way a recommendation on the part of GCRD unless otherwise noted.
Products, companies, brands or other public or private institutions or organisations stated in this directory are in no relation of partnership to GCRD, inasmuch as not otherwise mentioned (e.g. as contributor, sponsor or other).
2.7. Attention is expressly drawn to the fact that, in the use of research sources, which are stated in the directory, the conditions of the provider concerned shall apply and that GCRD has no influence on these. This can, for example be legal restrictions in respect of the circle of users, individual access conditions, restrictions in the use and passing on of information from a source of research/register/data base or the data protection regulations of the provider concerned. The client should always find out in the run-up and be quite clear before visiting external sites or registers/data bases.
2.8. The use of the GCRD data bases is not a legal consultation nor is it the replacement for one. It is therefore urgently recommended to procure legal advice in the case of specific questions.
2.9. The creation of the information products and the carrying out of our services takes place to the best of our knowledge and belief. In spite of the greatest possible care and transparency, however, we cannot assume any guarantee or liability for the completeness, timeliness, topicality or correctness of the information contained therein or their selection.
2.10. The released profiles should, at the point of time of their being ordered/released, not be regarded as complete in content and do not mean any claim to completeness, timeliness, topicality or correctness. It concerns a living product, the content of which can always be enhanced in accordance with need, the structure and content of which can be subject to change. Updates, modifications to the structure, methodology, conception or design or the deletion of data records can take place without previous announcement.
3. Production term and availability
3.1. The degree of completion of the database content can vary. Content can have the status “work in progress” and therefore only be displayed in blocked or blackened form. The administrative release of content which is not yet accessible shall be processed after the placement of order with priority.
3.2. There is no claim to a complete and/or current information product during the contractual term. There is also no claim to a design or information origin of an information profile (such as experts’ contributions vs. desktop research) or influence on the design of information or question profiles within the directories.
3.3. A computer and a browser (Internet Explorer, Mozilla Firefox, Safari) are necessary for the use of the data bases (Internet Explorer, Mozilla Firefox, Safari). The user is responsible himself to ensure the security of his computer (Firewall, anti-virus programs etc.).
3.4. Under the given conditions, GCRD aims for the best possible availability of the data bases. The following factors are thereby of no consequence:
(a.) times of non-availability, which may be put down to a disturbance in the Internet which cannot be influenced or other circumstances which are not the responsibility of GCRD, or which are due to force majeure.
(b.) non-availability due to planned servicing works on the data base system which are carried out regularly,
(c.) non-availability due to compellingly necessary unscheduled servicing works; the user will be informed a far as possible;
(d.) non-availability which can be put down to the fact that the user does not have the required technical prerequisites temporarily or not at all.
3.5. GCRD may contact the client per e-mail or in any other manner within the framework of the customer support or to inform, for example, about modifications, innovations or new products.
4. User-generated content
Users may be given the option to actively contribute to the data bases or create a public profile inasmuch as there is interest for this and depending on the respective information product. If the user (hereinafter referred to as the “Contributor”) makes an appearance through creation of his/her own public profile or through the provision of contributions in the content generation, the following provisions shall apply:
4.1. the information collected by GCRD from the Contributor or provided by him/her shall be processed electronically.
4.2. the contributor shall grant GCRD an international, non-exclusive right to use the information supplied, unlimited in time and place and at any time revocable in writing.
4.3. the Contributor shall grant GCRD the international right, at any time revocable in writing,
(a.) to state him as the source for information supplied/provided.
(b.) if relevant, to place his logo on the GCRD web site(s).
(c.) if relevant, to create screenshots or thumbnails of web sites of the contributors and to integrate them stating the source on his site.
4.4. the Contributor shall ensure, that his contributions do not violate applicable law and that he has the right to use the content used in his contributions. The Contributor shall ensure that the origin of all information in his contributions is precisely documented.
4.5. the Contributor shall ensure that no rights of third parties are violated by his contributions (e.g., copyright, brand or personal rights). This also concerns quotes from external sources and includes, further, hyperlinks. The following are not permitted (for example):
(a.) content protected by copyright inasmuch as there is no authorisation for its use,
(b.) false statements of fact,
(c.) racist, xenophobic, discriminating or offensive content,
(d.) pornographic content or that inappropriate for minors,
(e.) content glorifying violence,
(f.) glorification of criminal acts,
(g.) glorification of drugs or other addictive substances,
(h.) content relevant to criminal law.
4.6. GCRD reserves the right to delete impermissible content, to issue a warning or to block access by the user/contributor. GCRD is, in particular, entitled, if it is aware of any possible violation of law, to delete the contribution, which is the object of dispute, immediately and without previous announcement.
4.7. There is no exclusivity for contributions of a user/contributor for the supply of information to certain countries, registers/profiles or facts.
4.8. In the case of violation of the rights of third parties by the contributor, GCRD shall be indemnified against any liability. If GCRD is the subject of a claim by a third party due to unlawful content, GCRD may have all costs arising reimbursed by the Contributor.
4.9. There is no claims to publication of information supplied in the contributions or influence on the way and manner of the presentation in the GCRD data base. GCRD reserves the right to remove the contributions. GCRD reserves the right further, to make comments on the information supplied and the contributions if necessary. They will be marked as such.
4.10. The Contributor has no claim towards GCRD to remuneration for the contributions supplied.
4.11. A Contributor may demand deletion of the contributions he has created at any time.
5. Co-operation of the Client
If the Client culpably omits or delays the co-operation to which he is obliged, GCRD may demand the remuneration agreed for the consultation not provided – after deduction of the expenses saved and any remuneration generated in the period of delay through replacement orders – without being obliged to subsequent service. If GCRD decides to provide the consultancy services nevertheless, this shall only take place after reasonable adaptation of the schedule. The same shall apply for the case that the Client comes into delay with acceptance of the consultancy services. Unaffected by this are the claims by GCRD to compensation for any additional expenses.
6. Rights to use
6.1. Inasmuch as, in the individual case, nothing else is agreed, GCRD international shall grant the Client a non-exclusive, non-transferable right to use, limited in time, for internal use of the work results and content which are drawn up or used within the framework of the contract.
The following provisions shall apply:
(a.) any remunerative or non-remunerative passing on or provision or other accessibility of information from the data base by the Client to third parties, which are not contractual partners in the terms of the contractual relationship between GCRD and the Client, is not permitted.
(b.) any commercial or non-commercial use of the data base extending beyond the actual intended use as internal research tool by the Client, in particular within the framework of the own products, requires the previous written approval by GCRD international Dr. Pascal Ditté and is object of a separate agreement.
(c.) The automatic or manual extraction, reading out or storage of data from the GCRD data base by the client is not permitted. In particular, the use of crawlers, spiders, bots or other methods is not permitted.
Contravention may amongst other things be the subject matter of claims for damages on the part of GCRD towards the Client.
6.2. The number of desired users for a data product at one time can be stated in the order form. User licences can only be granted to natural persons and they shall be nominated by the client by name;
If a data product is or has to be used by several employees at the same time (for example, at different locations), additional licences need to be booked. It is not possible for several users to use an individual licence at the same time.
6.3. The contractual term is defined in the contract or order inasmuch as nothing else has been agreed and independent of whether in this period retrievals have taken place.
6.4. If the retrieval of information profiles is carried out, the Client shall have access for the period defined in the order and depending on the data product selected.
6.5. A subscription to a data product shall be extended automatically by the same contractual term (up to 12 months) if it is not terminated four weeks before expiry of the contractual term in writing. At the beginning of the new contractual term, the fees shall become due in accordance with the current price list and invoiced.
6.6. A contract may be terminated by either contract party at any time at a termination period of two weeks without the statement of reasons. Fees paid or to be paid to GCRD up until this point of time shall not be refunded by GCRD.
6.7. GCRD is entitled to terminate the contract at any time without notice.
6.8. On termination of the contract GCRD is entitled to block the Client’s access to the data bases immediately.
6.9. Company, product, brand names or other content of this directory are protected by national and/or international law and are the property of the rights holder concerned.
Any, even partial, use of the work and services (presentations etc.) introduced or handed over by GCRD with the aim of successful placement of order, even if they are not protected by copyright, requires the previous approval of GCRD. This also applies to use in altered or processed form and the use of the ideas forming the basis of the work and services of GCRD inasmuch as they have not been used in the activities of the Client up to now. The acceptance of a presentation fee does not mean approval for the use of the work and services of GCRD.
8. Cost estimates and placement of order
Cost estimates shall basically be made to the Client before the commencement of any cost-causing work in written or electronic form and this shall be released by the Client.
GCRD is entitled to carry out the work transferred to it itself or to use the services of a third party.
9. Processing of orders
Templates, files and other work created by GCRD or which GCRD has had created to provide the service for which it is liable in accordance with the contract shall remain the property of GCRD. There is no duty of surrender for GCRD. GCRD has no obligation of custody.
10.1. The fees for subscriptions (such as access to data products or websites) or advisory services can be found in the current price sheet or in an offer by GCRD accepted during the binding period.
10.2. The pricing for data products is based on a subscription model. Price adjustments shall be notified in the case of possible extension to contract before the extension.
10.3. The prices for data products/subscriptions shall apply independently of the degree of completion/completeness of the products concerned.
10.4. The fees for advisory services provided by GCRD shall be calculated in accordance with the time required for the activity plus travelling and, if relevant, accommodation costs inasmuch as nothing else has been agreed.
10.5. If, however, the date is postponed, on which the services are to be provided, through circumstances for which GCRD is not responsible, to a point of time which is later than 4 months after receipt of the original order, the GCRD prices then applicable shall be taken as the basis for the remuneration to be paid in the case of any amendment to the fees which may have occurred in the meantime.
10.6. Retention of the fee or set-off is only permitted if the Client’s claims are recognised by GCRD or established with legal effectiveness. In the case of delay in payment, GCRD reserves the right to stop the service.
10.7. All fees stated are subject in addition to VAT.
11. Payment conditions
11.1. The prices agreed are net prices to which the currently valid statutory VAT shall be added. Other charges, also those arising subsequently shall be passed on to the Client.
11.2. The invoices issued by GCRD to the Client are due immediately after being made out without deduction.
11.3. The payment due date is 14 days after receiving the invoice.
11.4. GCRD is entitled to draw up interim invoices and/or advance payment invoices.
11.5. Up until complete payment of all invoices concerning the order, GCRD shall reserve the title in all documents and objects handed over. Rights in services of GCRD shall only be transferred to the Client on complete payment of all invoices concerning the order.
12. Liability for defects, guarantees and assurances and links
12.1. The data base suffices the criteria for practical suitability. Any functional impairment which arises from hardware defects, environmental conditions, faulty operation or similar is not a defect. Any appreciable impairment in the fitness does not substantiate any claim for defects.
12.2. The Client shall notify GCRD of any defects, disturbances or damage arising without delay.
12.3. GCRD shall eliminate defects after receipt of a written, comprehensible description of defect by the Client within a reasonable period.
12.4. The Client’s right to termination due to failure to grant use in accordance with section 543 sub-section. 2 no. 1 BGB shall only be effective if elimination of the defect does not take place within a reasonable period or can be seen has having failed.
12.5. Links and web sites of third parties
(a.) As the service provider, GCRD is responsible in accordance with section 7 sub-section 1 TMG for its own content in the data base in accordance with general law. In accordance with sections 8 to 10 TMG, GCRD is, however, not obliged to monitor transmitted or stored external information or to research circumstances which could indicate an unlawful activity. Obligations to remove or block the use of information in accordance with general law is not affected by this. Any liability in this respect is, however, only possible from the point of time of knowledge being gained of a specific breach of law. On such breaches of law becoming known, GCRD shall remove such content immediately.
(b.) The data base contains links to the external web sites of third parties, over the content of which GCRD has no influence. Therefore GCRD cannot accept any guarantee for this external content. The provider or operator of any sites concerned is always responsible for the content of the linked pages. Unlawful content was not recognisable at the point of time of linking. Any permanent control of the content of linked sites is, however, not reasonable without specific indication to a violation of law. On violations of law becoming known, GCRD shall remove such links immediately.
(c.) The content and work created by GCRD on these pages are subject to German copyright law. Duplication, processing, spreading or any type of utilisation outside the limits of copyright law requires the written approval of the author or originator concerned.
Inasmuch as content of the data base has not been created by GCRD, the copyright of third parties shall be observed. In particular, the content of third parties shall be marked as such. Should you become aware of any violation of copyright in spite of this, we request you to give us appropriate notification. On legal violation becoming known, we shall remove such content immediately.
13. Liability limitation
GCRD is liable, no matter for which legal reason, within the framework of the statutory conditions only in accordance with the following regulations nos. 13.1 - 13.6:
13.1. GCRD is liable without limitation for damage from fatal injury, physical injury or damage to the health and for damage which can be put down to intent or gross negligence on the part of GCRD or one of its statutory representatives or vicarious agents and for damage which falls within the protected area of a guarantee or assurance given by GCRD.
13.2. GCRD is liable in the case of slight negligence only in the case of violation of significant contractual duties (cardinal duties, in particular default) by GCRD or one of its statutory representatives or vicarious agents; this liability is limited to compensation for the foreseeable damage typical for the contract. Cardinal duties are the significant duties, which form the basis of the contract and which were decisive for conclusion of the contract, and in the fulfilment of which the Client can trust. If GCRD has violated these cardinal duties slightly negligently, its liability is limited to the amount which was foreseeable for GCRD at the point of time of the service itself.
13.3. Liability on the part of GCRD dependent on fault for defects already existent on conclusion of the contract in accordance with section 536a subsection 1 half-sentence 1 BGB is ruled out.
13.4. Liability in accordance with the product liability law is not affected.
13.5. The above provisions apply also in favour of the employees and vicarious agents of GCRD.
13.6. The above provisions shall also apply to the liability for the compensation of futile expenditure.
14. Limitation period
14.1. In the case of compensation for damage and expenditure for intent, gross negligence, warranty, assurance, malice or fatal of physical injury or damage to the health and for claims from the Product Liability Act, the statutory regulations shall apply without limitation.
14.2. With exception of the claims stated in no. 14.1, the limitation period amounts to:
(a.) one year for claims to the repayment of fees for use from withdrawal or reduction from activation of the service, however, for correctly notified defects not less than three months from submission of the effective withdrawal or reduction declaration;
(b.) for other claims from material defects, one year
(c.) otherwise two years.
15. Data protection and secrecy
15.1. The Client’s attention is drawn to the fact that GCRD collects, processes and uses inventory and useful data in machine readable form within the framework of the intended use of the contract relationship. All personal data shall be treated confidentially.
15.2. The contract parties undertake to treat the information becoming known to them within the framework of execution of the contract from the area of the other party confidentially.
15.3. The Client grants GCRD the right to use his name and logo as a reference, including publication on the GCRD website(s)/data bases.
15.4. GCRD draws attention to the fact that data transfer on the Internet (e.g. in communication by email or the retrieval of web sites) harbours risks. Sensitive data should therefore either not be exchanged at all or only through secure connections (SSL).
15.5. The Client is responsible for the fact that all account and login data for the web site/data base are treated confidentially and not passed on to third parties. If additional licences are issued, the Client is required to determine a use for each additional licence and to document this towards GCRD, which is responsible in the same way alongside the Client.
15.6. GCRD is entitled at any time to alter account data and to issue new passwords or to block access data in the case of suspicion of abuse.
15.7. Data protection declaration on the web site/use of data base
(a.) The use of the GCRD web site is always possible in the login-free area without entering personal data. Should such personal data be collected nevertheless, this shall take place in the form of voluntary provision of data by the user. The personal data shall not be passed on if there has been no expressed approval given by the user. Inasmuch as in other parts of GCRD‘s online presence (pages, which require a login) personal data are collected, the collection of such data shall always take place within the framework of the provisions of the data protection law of the Federal Republic of Germany. Inasmuch as personal data are collected, you can find in this data protection declaration the type, scope and purpose of the collection and use of personal data.
(b.) In the substantiation, design of content or amendment to a contractual relationship between the Client/User and us, we collect and use personal data from you, so-called inventory data, where necessary. They shall not be passed on and information shall not be issued to third parties; only on order by the competent instances are we required to issue information about personal data inasmuch as it is necessary for purposes of criminal prosecution, the prevention of hazard or for the fulfilment of further statutory tasks.
(c.) In the case of access on your part to our web sites, there will be an automatic transmission from your browser to our web server. The objects of this transmission are anonymised access data without personal reference such as, for example
- browser type/ version,
- operating system used,
- web sites visited,
- referrer URL (site previously visited),
- host name of computer accessing (IP address),
- quantity and type of data retrieved and
- time of server query
The storage of these data takes place separately from any other data collected within the framework of the use of our web sites by you. These data cannot be used to determine a certain person. The collection of these data takes place only to record the behaviour of the user and for statistical purposes.
(d.) The web sites use so-called cookies. They serve the purpose of making our offer user-friendlier and more effective. Cookies are small text files which are deposited on your computer and which your browser saves. Most of the cookies used are so-called „session cookies“.
(e.) Inasmuch as necessary, we collect and use so-called usage data from you. These are personal data which record the availment of our Internet presence and enable settlement. Data are recorded which contain both the criteria in time of your use of our offer and the scope of the use and your identification particulars.
We draw attention of the Client/user to the fact that is permitted for advertising purposes, for purposes of market research, for the design of our Internet offer and for the identification or prevention of abusive use to generate use profiles, i.e. data collected about the course of visits on our sites.
(f.) On our sites, we offer the user the possibility to take up contact with us per email or through contact forms on the web site. For the purpose of processing, the information given by the user shall be stored.
(g.) We draw attention to the fact that the user has the right to demand information from us about the data stored about him and, in the case of incorrectness of the data, to initiate blocking, deletion or correction.
Additional important information on website use, data protection and privacy can be found directly on the respective websites/platforms.
16. Changes of the General Terms and Conditions
16.1. GCRD has the right to change and modify these General Terms and Conditions at any time. GCRD will make changes only for valid reasons, in particular due to new technical developments, changes in law or other equivalent reasons.
16.2. The changes and additions of the General Terms and Conditions will be announced to the Client by e-mail to the e-mail address provided no later than four weeks before the scheduled entry into force.
16.3. Changes of the General Terms and Consitions require the consent of the Client.
16.4. Client's consent to change the General Terms and Conditions shall be deemed granted if the Client does not object to the change in writing (e.g. letter, fax, e-mail) within a period of two weeks beginning on the day following the change notice. GCRD undertakes to indicate separately in the notice of change the possibility of the objection, the time limit for the objection, the requirement of the written form as well as the meaning or the consequences of the refusal of an objection.
17. Change of company / transfer of contract
17.1. GCRD is entitled to transfer a contract to third parties at any time.
17.2. The Client agrees to a take over of the contract under the terms of no. 17.1 already now.
17.3. The Client may make debt-releasing payments to GCRD until the third party taking over the contract requests payment in writing.
18. Place of jurisdiction, place of performance, applicable law
18.1. If the Client is a businessman, legal entity under public law or a special fund under public law, the only place of jurisdiction for all disputes arising from the contract is Düsseldorf.
18.2. The place of fulfilment is Düsseldorf. The same shall apply if the Client has no general place of jurisdiction in Germany or the place of residence or habitual residence are not known at the point of time of action being taken.
18.3. The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on contracts for the international sale of goods and services or legal standards which refer to other legal systems shall not be applicable.
19. Severability clause
Should individual regulations be or become fully or partly ineffective, the effectiveness of the other provisions is not affected.
We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the GCRD international Dr. Pascal Ditté. The use of the Internet pages of the GCRD international Dr. Pascal Ditté is possible without any indication of personal data; however, if a data subject wants 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, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the GCRD international Dr. Pascal Ditté. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, the GCRD international Dr. Pascal Ditté 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 may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
The data protection declaration of the GCRD international Dr. Pascal Ditté is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
a) Personal data
Personal data means 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
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, 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
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means 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 analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation is 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 organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing
Controller or controller responsible for the processing is 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.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is 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; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
j) Third party
Third party is 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 authorised to process personal data.
Consent of the data subject is 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
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
GCRD international Dr. Pascal Ditté
Phone: +49 (0)211 16352738
3. Name and Address of the Data Protection Officer
The Data Protection Officer of the controller is:Dr. Pascal Ditté
GCRD international Dr. Pascal Ditté
Phone: +49 (0) 211 1635 2738
Any data subject may, at any time, contact our Data Protection Officer directly with all questions and suggestions concerning data protection.
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
5. Collection of general data and information
The website of the GCRD international Dr. Pascal Ditté collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (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 our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) 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, the GCRD international Dr. Pascal Ditté does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the GCRD international Dr. Pascal Ditté analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure 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.
6. Registration on our website
The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller.
By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.
The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.
The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons.
7. Subscription to our newsletters
On the website of the GCRD international Dr. Pascal Ditté, users are given the opportunity to subscribe to our enterprise's newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.
The GCRD international Dr. Pascal Ditté informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise's newsletter may 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 shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.
During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.
The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.
The newsletter of the GCRD international Dr. Pascal Ditté contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the GCRD international Dr. Pascal Ditté may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.
Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. The GCRD international Dr. Pascal Ditté automatically regards a withdrawal from the receipt of the newsletter as a revocation.
9. Contact possibility via the website
The website of the GCRD international Dr. Pascal Ditté contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
10. Routine erasure and blocking of personal data
The data 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 to.
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.
11. Rights of the data subject
a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- 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 envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right 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, at any time, contact any employee of the controller.
d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the GCRD international Dr. Pascal Ditté, he or she may, at any time, contact any employee of the controller. An employee of GCRD international Dr. Pascal Ditté shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the GCRD international Dr. Pascal Ditté will arrange the necessary measures in individual cases.
e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller 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 and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the GCRD international Dr. Pascal Ditté, he or she may at any time contact any employee of the controller. The employee of the GCRD international Dr. Pascal Ditté will arrange the restriction of the processing.
f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR 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, as long as 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, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of the GCRD international Dr. Pascal Ditté.
g) Right to object
Each data subject shall have 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.
The GCRD international Dr. Pascal Ditté shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If the GCRD international Dr. Pascal Ditté processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the GCRD international Dr. Pascal Ditté to the processing for direct marketing purposes, the GCRD international Dr. Pascal Ditté will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the GCRD international Dr. Pascal Ditté for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of the GCRD international Dr. Pascal Ditté. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Each data subject shall have 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, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised 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 not based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, the GCRD international Dr. Pascal Ditté 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 contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the GCRD international Dr. Pascal Ditté.
i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the GCRD international Dr. Pascal Ditté.
12. Data protection provisions about the application and use of Matomo
On this website, the controller has integrated the Matomo component. Matomo is an open-source software tool for web analysis. Web analysis is the collection, gathering and evaluation of data on the behavior of visitors from Internet sites. A web analysis tool collects, inter alia, data on the website from which a data subject came to a website (so-called referrer), which pages of the website were accessed or how often and for which period of time a sub-page was viewed. A web analysis is mainly used for the optimization of a website and the cost-benefit analysis of Internet advertising.
The software is operated on the server of the controller, the data protection-sensitive log files are stored exclusively on this server.
The purpose of the Matomo component is the analysis of the visitor flows on our website. The controller uses the obtained data and information, inter alia, to evaluate the use of this website in order to compile online reports, which show the activities on our Internet pages.
Matomo sets a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, an analysis of the use of our website is enabled. With each call-up to one of the individual pages of this website, the Internet browser on the information technology system of the data subject is automatically through the Matomo component prompted to submit data for the purpose of online analysis to our server. During the course of this technical procedure, we obtain knowledge about personal information, such as the IP address of the data subject, which serves to understand the origin of visitors and clicks.
The cookie is used to store personal information, such as the access time, the location from which access was made, and the frequency of visits to our website. With each visit of our Internet pages, these personal data, including the IP address of the Internet access used by the data subject, are transferred to our server. These personal data will be stored by us. We do not forward this personal data to third parties.
The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the used Internet browser would also prevent Matomo from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Matomo may be deleted at any time via a web browser or other software programs.
In addition, the data subject has the possibility of objecting to a collection of data relating to a use of this Internet site that are generated by Matomo as well as the processing of these data by Matomo and the chance to preclude any such. For this, the data subject must set a "Do Not Track" option in the browser.
With each setting of the opt-out cookie, however, there is the possibility that the websites of the controller are no longer fully usable for the data subject.
Further information and the applicable data protection provisions of Matomo may be retrieved under https://matomo.org/privacy/.
13. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
14. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
15. 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 necessary for the fulfillment of the contract or the initiation of a contract.
16. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such 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 it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. 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 must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
17. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
This website uses Matomo, a web analytics open-source software.