With the following data protection declaration we would like to inform you about the types of personal data (hereinafter also referred to as "data") we process, for what purposes and to what extent. The data protection declaration applies to all processing of personal data carried out by us, both in the context of providing our services and, in particular, on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter also referred to collectively as "online offer"). The terms used are not gender-specific, as of 16 July 2020.
Freelance curator and artist
Authorized representatives: Nina Venus
E-mail address: email@example.com
Overview of the processing operations
The following table summarises the types of data processed and the purposes of their processing, and refers to the data subjects.
Types of data processed
- inventory data (e.g. names, addresses)
- Content data (e.g. text entries, photographs, videos)
- Contact data (e.g. e-mail, telephone numbers)
- Meta/communication data (e.g. device information, IP addresses)
- Usage data (e.g. websites visited, interest in content, access times)
Categories of data subjects
Users (e.g. website visitors, users of online services).
Purposes of processing
- Provision of our online offer and user-friendliness.
- security measures.
- Contractual benefits and service.
- Administration and answering of inquiries.
Applicable legal basis
In the following, we provide the legal basis of the basic data protection regulation (DSGVO), on the basis of which we process personal data. Please note that in addition to the regulations of the DSGVO, national data protection regulations may apply in your or our country of residence and domicile. If, in addition, more specific legal bases are applicable in individual cases, we will inform you of these in the data protection declaration.
Consent (Art. 6 para. 1 p. 1 lit. a DSGVO)
The data subject has given his/her consent to the processing of personal data relating to him/her for one or more specific purposes.
Fulfilment of contract and pre-contractual requests (Art. 6 para. 1 sentence 1 lit. b. FADP)
Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.
Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. DSGVO)
The processing is necessary in order to protect the legitimate interests of the controller or of a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data.
National data protection regulations in Germany
In addition to the data protection provisions of the basic data protection regulation, national regulations on data protection apply in Germany. These include in particular the law on protection against misuse of personal data in data processing (Federal Data Protection Act - BDSG). In particular, the BDSG contains special regulations on the right to information, the right to deletion, the right of objection, the processing of special categories of personal data, processing for other purposes and transmission as well as automated decision making in individual cases including profiling. Furthermore, it regulates data processing for the purposes of the employment relationship (Section 26 BDSG), in particular with regard to the establishment, implementation or termination of employment relationships and the consent of employees. Furthermore, state data protection laws of the individual federal states may apply.
We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons, in order to ensure a level of protection commensurate with the risk.
Such measures shall include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as the access, input, disclosure, safeguarding of availability and segregation of data relating to them. Furthermore, we have established procedures to ensure that data subjects' rights are exercised, data is deleted, and responses are made to any threats to the data. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes in accordance with the principle of data protection, by designing technology and by using data protection-friendly default settings.
Transmission and disclosure of personal data
In the course of our processing of personal data, it may happen that the data is transferred to other bodies, companies, legally independent organisational units or persons or that it is disclosed to them. The recipients of this data may include, for example, payment institutions in the context of payment transactions, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases we observe the legal requirements and in particular conclude appropriate contracts or agreements with the recipients of your data which serve to protect your data.
Data processing in third countries
If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA)) or if the processing takes place in the context of the use of services of third parties or the disclosure or transfer of data to other persons, bodies or companies, this will only take place in accordance with the legal requirements.
Subject to express consent or transmission required by contract or by law, we will only process the data or have it processed in third countries with a recognised level of data protection, a contractual obligation through so-called standard protection clauses of the EU Commission, in the presence of certifications or binding internal data protection regulations (Art. 44 to 49 DSGVO, information page of the EU Commission: https://ec.europa.eu/info/law/... ).
Cookies are text files that contain data from visited websites or domains and are stored by a browser on the user's computer. A cookie is primarily used to store information about a user during or after his visit within an online offer. The stored information can include, for example, the language settings on a website, the login status, a shopping cart or the location where a video was viewed. The term "cookies" also includes other technologies that perform the same functions as cookies (e.g., when user information is stored using pseudonymous online identifiers, also referred to as "user IDs")
The following cookie types and functions are distinguished:
Temporary cookies (also: session cookies)
Temporary cookies are deleted at the latest after a user has left an online offer and closed his browser.
Permanent cookies remain stored even after closing the browser. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. Likewise, the interests of users used for reach measurement or marketing purposes can be stored in such a cookie.
First-party cookies are set by ourselves.
Third-Party-Cookies (also: Third-Party-Cookies)
Third party cookies are mainly used by advertisers (so-called third parties) to process user information.
Necessary (also: essential or absolutely necessary) cookies
Cookies may be absolutely necessary for the operation of a website (e.g. to store logins or other user entries or for security reasons).
We ourselves (or our web hosting provider) collect data on every access to the server (so-called server log files). Server log files may include the address and name of the web pages and files accessed, date and time of access, data volume transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page) and, as a rule, IP addresses and the requesting provider. The server log files can be used for security purposes, e.g. to avoid overloading the servers (especially in the case of abusive attacks, so-called DDoS attacks) and to ensure the capacity utilisation of the servers and their stability.
Processed data types
Content data (e.g. text entries, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
Users (e.g. website visitors, users of online services).
Justified interests (Art. 6 para. 1 sentence 1 lit. f. DSGVO).
Plug-ins and embedded functions and content
We include in our online offer functional and content elements that are obtained from the servers of their respective providers (hereinafter referred to as "third party providers"). These can be, for example, graphics, videos or social media buttons and contributions (hereinafter referred to uniformly as "content"). The integration always presupposes that the third party providers of these contents process the IP address of the users, as without the IP address they would not be able to send the contents to their browsers. The IP address is therefore required for the display of these contents or functions. We make every effort to use only such content whose respective providers use the IP address only to deliver the content. Third party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may contain technical information about the browser and operating system, the websites to be linked, the time of visit and other details about the use of our online offer, as well as being linked to such information from other sources.
Notes on legal bases
Data types processed
Usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses), inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. text entries, photographs, videos).
Users (e.g. website visitors, users of online services).
Purposes of processing
Provision of our online offer and user-friendliness, contractual benefits and service, security measures, administration and answering of inquiries.
Consent (Art. 6 para. 1 sentence 1 lit. a DSGVO), Performance of the contract and pre-contractual enquiries (Art. 6 para. 1 sentence 1 lit. b. DSGVO), Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. DSGVO).
Services used and service providers
The data processed by us will be deleted in accordance with the legal requirements as soon as their consent permitted for processing is revoked or other permissions cease to apply (e.g. if the purpose for which the data were processed ceases to apply or if they are not necessary for the purpose).
Unless the data are deleted because they are required for other and legally permissible purposes, their processing is limited to these purposes. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law or that must be stored for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person.
Further information on the deletion of personal data can also be provided in the individual data protection notes of this data protection declaration.
Amendment and updating of the data protection declaration
Rights of the persons concerned
As a data subject, you are entitled to various rights under the DSGVO, which result in particular from Art. 15 to 21 DSGVO
- Right of objection: You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data relating to you which is carried out on the basis of Art. 6 paragraph 1 letter e or f FADP; this also applies to profiling based on these provisions. If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it is linked to such direct marketing.
- Right to withdraw consent: You have the right to withdraw any consent given at any time.
- Right to information: You have the right to obtain confirmation as to whether or not data in question is being processed and to obtain information on such data, as well as further information and a copy of the data in accordance with legal requirements.
- Right of rectification: You have the right, in accordance with the law, to request the completion of the data concerning you or the correction of incorrect data concerning you.
- Right to erasure and limitation of processing: You have the right, in accordance with the statutory provisions, to demand that data relating to you be deleted immediately, or alternatively, in accordance with the statutory provisions, to demand that the processing of the data be restricted.
- Right to data transferability: You have the right, in accordance with the legal requirements, to receive data concerning you which you have provided us with in a structured, common and machine-readable format or to request that it be transferred to another person responsible.
Complaint to regulatory authorities
You also have the right, in accordance with the statutory provisions, to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of suspected infringement, if you believe that the processing of personal data relating to you is in breach of the DSGVO.
Definitions of terms
"Personal data" shall mean any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"); an identifiable 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 (e.g. a cookie) or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Controller' shall mean the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data.
"processing" means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and covers virtually all handling of data, whether it be collection, analysis, storage, transmission or deletion.