Privacy Policy

We are very pleased about your interest in our company. Data protection is of particularly high importance to the management of Mensthetic Practice. Use of the Mensthetic Practice website is generally possible without providing any personal data. However, if a data subject wishes to use special services of our company via our website, processing of personal data may become necessary. If the processing of personal data is required and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, for example the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to Mensthetic Practice. By means of this privacy policy, our company would like to inform the public about the type, scope, and purpose of the personal data we collect, use, and process. Furthermore, this privacy policy informs data subjects about the rights to which they are entitled.

As the controller responsible for processing, Mensthetic Practice has implemented numerous technical and organizational measures to ensure the most complete protection possible of personal data processed via this website. Nevertheless, internet-based data transmissions may generally have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, for example by telephone.

1. Definitions

The privacy policy of Mensthetic Practice is based on the terminology used by the European legislator when adopting the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easily readable and understandable for the public, as well as for our customers and business partners. To ensure this, we explain the terminology used in advance.

In this privacy policy, we use, among others, the following terms:

a) Personal data

Personal data means any information relating to an identified or identifiable natural person (hereinafter "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

A data subject is any identified or identifiable natural person whose personal data is processed by the controller.

c) Processing

Processing means any operation or set of operations performed on 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

Restriction of processing means the marking of stored personal data with the aim of limiting its processing in the future.

e) Profiling

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 analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

f) Pseudonymization

Pseudonymization means 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 is not attributed to an identified or identifiable natural person.

g) Controller / controller responsible for processing

Controller means 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

Processor means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.

i) Recipient

Recipient means 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

Third party means a natural or legal person, public authority, agency, or body other than the data subject, the controller, the processor, and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

k) Consent

Consent means any freely given, specific, informed, and unambiguous indication of the data subject's wishes by which the data subject, 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 responsible for processing

Controller within the meaning of the GDPR, other data protection laws applicable in the Member States of the European Union, and other provisions of a data protection nature is:

Mensthetic Practice
Berlin – Kurfurstendamm
Germany
Email: info@mensthetic.de

3. Cookies

The Mensthetic Practice website uses cookies. Cookies are text files that are placed and stored on a computer system via an internet browser.

Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.

By using cookies, Mensthetic Practice can provide users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized in the interests of the user. Cookies allow us, as mentioned, to recognize users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to enter access data again each time the website is visited, because this is handled by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping cart in an online store. The online store remembers the items a customer has placed in the virtual shopping cart via a cookie.

The data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting in the internet browser used, and can therefore permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, not all functions of our website may be fully usable.

4. Collection of general data and information

The Mensthetic Practice website collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information are stored in the server log files. The following may be collected: (1) browser types and versions used, (2) operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the subpages accessed on our website, (5) date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system, and (8) other similar data and information used for security purposes in the event of attacks on our IT systems.

When using these general data and information, Mensthetic Practice does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the contents of our website correctly, (2) optimize the contents of our website and our advertising, (3) ensure the long-term functionality of our IT systems and the technology of our website, and (4) provide law enforcement authorities with the necessary information for prosecution in the event of a cyberattack. These anonymously collected data and information are therefore evaluated statistically and also with the aim of increasing data protection and data security in our company, in order to ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

5. Contact option via the website

Due to legal requirements, Mensthetic contains information that enables quick electronic contact with our company and direct communication with us, which also includes a general address for electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted voluntarily by a data subject to the controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

6. Routine erasure and blocking of personal data

The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage, or as provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.

If the purpose of storage no longer applies or 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.

7. Rights of the data subject

a) Right to confirmation

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

b) Right of access

Each data subject affected by the processing of personal data has the right to obtain from the controller, free of charge, information about his or her stored personal data and a copy of this information at any time. Furthermore, the European legislator has granted the data subject access to the following information:

  • the purposes of 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 organizations
  • 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 rectification or erasure of personal data concerning the data subject, or restriction of processing by the controller, 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) GDPR and—at least in those cases—meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject

Furthermore, the data subject has the right to be informed whether personal data are transferred to a third country or to an international organization. Where this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to exercise this right of access, he or she may contact any employee of the controller at any time.

c) Right to rectification

Each data subject affected by the processing of personal data has the right to obtain from the controller, without undue delay, the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of processing, the data subject also has 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 contact any employee of the controller at any time.

d) Right to erasure ("right to be forgotten")

Each data subject affected by the processing of personal data has the right to obtain from the controller the erasure of personal data concerning him or her without undue delay, where one of the following grounds applies and insofar as 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 on which the processing is based pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and where there is no other legal ground for the processing.
  • The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
  • The personal data 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 pursuant to Article 8(1) GDPR.

If one of the above grounds applies and a data subject wishes to request the erasure of personal data stored by Mensthetic Practice, he or she may contact any employee of the controller at any time. An employee of Mensthetic Practice will ensure that the erasure request is complied with without undue delay.

If Mensthetic Practice has made the personal data public and is obliged pursuant to Article 17(1) GDPR to erase the personal data, Mensthetic Practice, taking into account available technology and the cost of implementation, shall take reasonable measures, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the erasure of any links to, or copies or replications of, those personal data, insofar as processing is not required. The employee of Mensthetic Practice will arrange the necessary measures in individual cases.

e) Right to restriction of processing

Each data subject has the right 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 the restriction of their use instead.
  • The controller no longer needs the personal data for the purposes of processing, but they are required by the data subject for the establishment, exercise, or defense of legal claims.
  • The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the above conditions is met and a data subject wishes to request restriction of processing of personal data stored by Mensthetic Practice, he or she may contact any employee of the controller at any time. The employee of Mensthetic Practice will arrange the restriction of processing.

f) Right to data portability

Each data subject has the right to receive the personal data concerning him or her, which was provided by the data subject to a controller, in a structured, commonly used, and machine-readable format. The data subject also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, or on a contract pursuant to Article 6(1)(b) GDPR, and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising the right to data portability pursuant to Article 20(1) GDPR, the data subject has the right to have personal data transmitted directly from one controller to another, where technically feasible and where this does not adversely affect the rights and freedoms of others.

To assert the right to data portability, the data subject may contact any employee of Mensthetic Practice at any time.

g) Right to object

Each data subject has the right 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 Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.

Mensthetic Practice 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 defense of legal claims.

If Mensthetic Practice processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to Mensthetic Practice to the processing for direct marketing purposes, Mensthetic Practice 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 for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

To exercise the right to object, the data subject may contact any employee of Mensthetic Practice or another employee directly. The data subject is also free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise the right to object by automated means using technical specifications.

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 him or her or similarly significantly affects him or her, provided that the decision (1) is not necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is based on the data subject's explicit consent.

If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is based on the data subject's explicit consent, Mensthetic Practice shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view, and to contest the decision.

If the data subject wishes to exercise rights concerning automated decisions, he or she may contact any employee of the controller at any time.

i) Right to withdraw data protection consent

Each data subject has the right to withdraw consent to the processing of personal data at any time.

If the data subject wishes to exercise the right to withdraw consent, he or she may contact any employee of the controller at any time.

8. Legal basis for processing

Article 6(1)(a) GDPR serves our company 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, for processing operations necessary for the delivery of goods or the provision of any other service or consideration, the processing is based on Article 6(1)(b) GDPR. The same applies to processing operations necessary for taking steps prior to entering into a contract, for example in the case of inquiries about our products or services. If our company is subject to a legal obligation requiring processing of personal data, for example for the fulfillment of tax obligations, the processing is based on Article 6(1)(c) GDPR. In rare cases, processing of personal data may be necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our premises and his or her name, age, health insurance data, or other vital information had to be passed on to a doctor, hospital, or other third parties. In that case, the processing would be based on Article 6(1)(d) GDPR. Finally, processing operations may be based on Article 6(1)(f) GDPR. This legal basis covers processing operations not covered by any of the above legal bases where 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. Such processing operations are permitted in particular because they have been specifically mentioned by the European legislator, who considered that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, sentence 2 GDPR).

9. Legitimate interests pursued by the controller or a third party

Where processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.

10. Duration for which the personal data are stored

The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data are routinely deleted, provided they are no longer necessary for the performance of a contract or initiation of a contract.

11. Legal or contractual requirements to provide personal data

We inform you that the provision of personal data is partly required by law (e.g., tax regulations) or may arise from contractual arrangements (e.g., information about the contracting party). In some cases, it may be necessary for the conclusion of a contract that a data subject provides personal data to us, which must then be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide personal data would mean that the contract could not be concluded with the data subject. Before providing personal data, the data subject must contact one of our employees. Our employee will clarify, in each individual case, whether the provision of personal data is required by law or contract, or necessary for the conclusion of a contract, whether there is an obligation to provide the personal data, and what the consequences of failure to provide the personal data would be.

12. Existence of automated decision-making

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

This privacy policy was generated by the Privacy Policy Generator of DGD Deutsche Gesellschaft fur Datenschutz GmbH, acting as external data protection officer in Berlin, in cooperation with the data protection lawyers of the law firm WILDE BEUGER SOLMECKE.