As of May 25, 2018, a new privacy law came into effect in the European Union (EU) and the European Economic Area (EEA), and is referred to as the General Data Protection Regulation (GDPR). The GDPR expands privacy rights granted to individuals in the EU and the EEA. MartinOchwat.com and its subsidiaries and affiliates (collectively, “MO”) are committed to GDPR compliance, and MO has implemented and will continue to implement GDPR compliance efforts.
The GDPR imposes certain requirements on “data controllers” and “data processors.” Under the GDPR, a “data controller” is the individual or entity that determines the purposes for and manner in which personal data is collected, used and processed. MO is, generally speaking, the data controller of the personal information collected by MO. Additionally, the GDPR provides that a “data processor” is a person or entity that processes personal information on behalf of a data controller. Data controllers and data processors are generally required to enter into an agreement with one another to protect the personal information that the data processor obtains from the data controller. MO is working with its data and website service providers that process personal data of EU and EEA parties to implement such agreements.
If you have any questions or comments about the MO’s privacy practices and its GDPR compliance efforts, please do not hesitate to contact us. You can contact MO at firstname.lastname@example.org.
Who is Responsible for the Personal Information That MO Collects?
For the purposes of data protection law, MO is the data controller as to the personal information that is collected and used as part of its business activities. This is because MO dictates the purpose for which your personal information is used and how MO uses your personal information.
What Personal Information Does MO Collect?
While some of the information collected is required for business engagement purposes, other information is voluntarily given by you. The type of personal information that MO may collect could include, but not limited to, the following:
- Your full name, address, phone, fax and email contact information
Sensitive Categories of Information
Some countries consider some personal information particularly sensitive. MO only collects this data when voluntarily given by the individual and for statistical purposes only. MO does not share this information with third parties for business purposes. Such information may include the following:
Website Usage Information
MO collects information when you provide it to MO, such as when you use the “contact us” feature on the MO Website or otherwise communicate with MO (such as by email or via MO social media pages).
MO collects certain information automatically when you use the MO Website, such as your IP address and domain name, browser type, history of pages viewed and other usage information about your use of the MO Website. MO collects this information for site administration purposes, such as to analyze this data for trends and statistics. MO may share statistical or aggregated non-personal information about its users with advertisers, business partners, sponsors and other third parties. This data is used to customize THE MO Website content and advertising to deliver a better experience to our users. Please see the section below on cookies for more information.
How Does MO Obtain Your Personal Information?
As noted above, we collect information from you in the course of your use of the MO Website. For example, MO collects information from you when you contact or communicate with MO (including through the MO Website, by email or otherwise). MO also collects your personal information while monitoring the MO Website. MO also gathers information about you when you provide it to us or interact with us directly.
How Does MO Use The Personal Information It Collects?
MO collects personal information for the following principal purposes; for each purpose, MO has also set out below the legal basis under relevant data protection laws that we rely on to justify this use of your personal information.
|To provide the MO Website to you||For our legitimate business purposes (i.e., the provision of the MO Website) and, depending on the circumstances, to perform a contract between you and MO.|
|To register individuals for MO events;||For our legitimate business purposes (i.e., the provision of the MO Website) and, depending on the circumstances, to perform a contract between you and MO.|
|To communicate with you and to respond to questions that you have raised with MO;||For our legitimate business purposes (i.e., the provision of the MO Website).|
|To administer and improve the MO Website;||For our legitimate business purposes (i.e., the provision of the MO Website, as well as to improve and ensure the security of the MO Website). MO may request your consent in circumstances where a legal justification over and above legitimate interests is required by applicable law (e.g., in relation to our use of certain cookies).|
|To process your payment for MO services, products and events;||For our legitimate business purposes (i.e., the provision of the MO Website).|
|To send you, or for our third-party partners to send you, information about products, services and events that may be of interest to you based on your preferences;||For our legitimate business purposes (i.e., the provision of the MO Website). MO may request your consent in circumstances where a legal justification over and above legitimate interests is required by applicable law.|
|To administer surveys;||For our legitimate business purposes (i.e., the provision of the MO Website). MO may request your consent in circumstances where a legal justification over and above legitimate interests is required by applicable law.|
|To prevent and detect fraud; and||For our legitimate business purposes and for compliance with legal obligations to which we are subject|
|To protect and enforce MO’s legal rights.||For our legitimate business purposes and for compliance with legal obligations to which we are subject|
Who Does MO Share Your Personal Information With?
MO reserves the right to disclose and/or transfer personal information to a third party, if MO has reason to believe that disclosing personal information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) MO rights or property, other MO Website users or anyone else who could be harmed by such activities. Additionally, MO may disclose personal information in response to a subpoena, warrant or other court order, or when MO believes in good faith that a law, regulation, subpoena, warrant or other court order requires it.
MO reserves the right to disclose and/or transfer personal information to a third party in the event of a proposed or actual purchase, sale (including a liquidation, realization, foreclosure or repossession), lease, merger, amalgamation or any other type of acquisition, disposal, transfer, conveyance or financing of all or any portion of MO.
MO may share your information with personal advisors, such as accountants and lawyers, who assist us in carrying out our business activities.
If you choose not to provide MO with your personal information, you may still visit the MO Website. However, you may be unable to access certain website options, so as use the MO Website functionality to its fullest extent.
Transfer of Personal Information Across Borders
MO is a global organization. MO may allow your personal information to be shared with its related entities or third-party service providers based both within the United States and in other countries. This may entail a transfer of your information from a location within the EEA to outside the EEA, or from outside the EEA to a location within the EEA.
When MO provides your personal information in such instances, such is done in connection with providing you requested information or services, or as required or authorized under law. It is possible the overseas entities which MO shares your information with may not be subject to laws that provide the same level of protection of information as your country of residence, or may not be subject to any privacy obligations. Overseas entities may be required or compelled to disclose your personal information to a third party, such as an overseas authority. Where we transfer information outside of the EEA, we will implement appropriate measures to ensure that your personal information remains protected and secure in accordance with applicable data protection laws. Unfortunately, the transmission of information via the internet is not completely secure. Although MO uses reasonable efforts to protect your personal information, it cannot guarantee the security of your personal information transmitted to the MO Website and any transmission is at your own risk. Once MO has received your personal information, it will use reasonable and appropriate procedures and security features to try to prevent unauthorized access.
Your Rights, Including Removing, Correcting or Updating Personal Information
If you change your mind on how MO discloses or uses your information, or wish to access, correct or update personal information (such as your address), it will endeavor to correct, update or remove the personal data you give us.
THE BELOW TABLE APPLIES TO INDIVIDUALS LOCATED IN THE EU AND EEA ONLY: You have certain rights with respect to your personal information. The rights may only apply in certain circumstances and are subject to certain exemptions. Please see the table below for a summary of your rights and who to contact to exercise them.
|Summary of your rights||Who to contact|
|Right of access to your personal information||You have the right to receive a copy of your personal information that we hold about you, subject to certain exemptions.
MO may require further information in order to respond to your request (for instance, evidence of your identity and information to enable us to locate the specific personal information you require);
|MO at email@example.com|
|Right to rectify your personal information||You have the right to ask MO to correct your personal information that it holds where it is incorrect or incomplete.||MO at firstname.lastname@example.org|
|Right to erasure of your personal information||You have the right to ask that MO delete your personal information in certain circumstances. For example (i) where your personal information is no longer necessary in relation to the purposes for which they were collected or otherwise used; (ii) if you withdraw your consent and there is no other legal ground for which MO relies on for the continued use of your personal information; (iii) if you object to the use of your personal information (as set out below); (iv) if MO has used your personal information unlawfully; or (v) if your personal information needs to be erased to comply with a legal obligation.||MO at email@example.com|
|Right to restrict the use of your personal information||You have the right to suspend MO’s use of your personal information in certain circumstances. For example (i) where you think your personal information is inaccurate and only for such period to enable MO to verify the accuracy of your personal information; (ii) the use of your personal information is unlawful and you oppose the erasure of your personal information and request that it is suspended instead; (iii) MO no longer needs your personal information, but your personal information is required by you for the establishment, exercise or defense of legal claims; or (iv) you have objected to the use of your personal information and MO is verifying whether its grounds for the use of your personal information override your objection.||You may effectuate this right at any time by contacting MO at firstname.lastname@example.org|
|Right to data portability||You have the right to obtain your personal information in a structured, commonly used and machine-readable format and for it to be transferred to another organization, where it is technically feasible. The right only applies where the use of your personal information is based on your consent or for the performance of a contract, and when the use of your personal information is carried out by automated (i.e. electronic) means.||You may effectuate this right at any time by contacting MO at email@example.com|
|Right to object to the use of your personal information||You have the right to object to the use of your personal information in certain circumstances. For example (i) where you have grounds relating to your particular situation and MO uses your personal information for our legitimate interests (or those of a third party); and (ii) if you object to the use of your personal information for direct marketing purposes.||You may effectuate this right at any time by contacting MO at firstname.lastname@example.org|
|Right to withdraw consent||You have the right to withdraw your consent at any time where MO relies on your consent to use your personal information.||You may effectuate this right at any time by contacting MO at email@example.com|
|Right to complain to the relevant data protection authority||You have the right to complain to the relevant data protection authority where you think MO has not used your personal information in accordance with data protection law.||Find your National Data Protection Authority online|
How Long Will MO Keep Your Personal Information?
MO keeps your personal information for the period of time that you are a user of the MO Website and for 5 years after you discontinue use of the MO Website.
Links to Other Websites
MO may terminate access for any party who is found to repeatedly provide or post protected material without necessary rights and permissions.
Cookies help us understand how parties use our website so MO can design better services in the future. You can adjust your web browser to disable cookies. However, MO may not be able to provide you with all the services or functionality available on the MO Website if you choose to disable cookies.
You may also remove MO cookies from your browser. Please refer to your browser’s help menu for instructions.
Contacting MO with Questions, Concerns or Complaints