Who we are
The address of our website is: http://urbanartweek.de.
This data protection declaration explains to you the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) as part of the provision of our services and within our online offer and the websites, functions and contents connected with it as well as external online presences, e.g. our social media profile (hereinafter jointly referred to as “online offer”). With regard to the terms used, such as “processing” or “person responsible”, we refer to the definitions in Art. 4 of the Basic Data Protection Ordinance (DSGVO).
span class=”tsmcontroller”>URBAN ART WEEK 2018
Team: Diana Marossek, Katia Hermann, Jochen Küpper, Marco Lauber
responsible in the sense of the TMG:
Jochen K?pper, court route 23, 13347 Berlin
Types of processed data
– Inventory data (for example, personal master data, names or addresses).
– Contact details (e.g., e-mail, telephone numbers).
– Content data (e.g., text input, photographs, videos).
– Usage data (e.g., visited websites, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).
categories of affected persons
Visitors and users of the online offer (hereinafter referred to as “users”).
Purpose of processing
– Provision of the online offer, its functions and contents.
– Response to contact requests and communication with users.
– Security measures.
– Range measurement/marketing
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more special features that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
“processing” means any operation or series of operations carried out with or without the aid of automated procedures in connection with personal data. The term goes a long way and covers practically every handling of data.
“pseudonymisation” means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that this 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.
“Profiling” means any automated processing of personal data consisting in the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or relocation of that natural person.
Responsible” means the natural or legal person, authority, institution or other body that alone or together with others decides on the purposes and means of processing personal data.
“Processor” means a natural or legal person, authority, institution or other body processing personal data on behalf of the controller.
Significant legal bases
In accordance with Art. 13 DSGVO, we inform you of the legal basis of our data processing. For users from the scope of the Basic Data Protection Regulation (DSGVO), i.e. from the EU and the EEC, the following applies, unless the legal basis is specified in the data protection declaration:
The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 DSGVO;
The legal basis for the processing for the fulfilment of our services and the execution of contractual measures as well as the answering of inquiries is Art. 6 para. 1 lit. b DSGVO;
The legal basis for the processing for the fulfilment of our legal obligations is Art. 6 para. 1 lit. c DSGVO;
In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6(1)(d) DSGVO serves as the legal basis.
The legal basis for the processing required to carry out a task in the public interest or in the exercise of official authority assigned to the person responsible is Art. 6 para. 1 lit. e DSGVO.
The legal basis for processing to protect our legitimate interests is Art. 6 para. 1 lit. f DSGVO.
The processing of data for purposes other than those for which they were collected shall be governed by the provisions of Art. 6 para. 4 DSGVO.
The processing of special categories of data (in accordance with Art. 9 para. 1 DSGVO) is governed by the provisions of Art. 9 para. 2 DSGVO.
We take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk, taking into account the state of technology, implementation costs and the type, scope, circumstances and purposes of processing as well as the different probability of occurrence and severity of the risk to the rights and freedoms of natural persons.
Such measures shall in particular include ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, transmission, security of availability and its separation. Furthermore, we have established procedures to ensure the exercise of rights of data subjects, deletion of data and reaction to endangerment of data. Furthermore, we already consider the protection of personal data during the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly presettings.
Cooperation with order processors, jointly responsible persons and third parties
If we disclose data to other persons and companies (contract processors, jointly responsible persons or third parties) within the scope of our processing, transfer them to them or otherwise grant them access to the data, this shall only take place on the basis of a legal permission (e.g. if a transfer of the data to third parties, such as to payment service providers, is necessary for contract fulfilment), if users have consented, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we disclose, transfer or otherwise grant access to data to other companies in our group of companies, this shall be done in particular for administrative purposes as a legitimate interest and in addition on a basis in accordance with legal requirements.
Transmissions to third countries
If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA) or the Swiss Confederation) or if this occurs in the context of the use of third-party services or disclosure or transfer of data to other persons or companies, this only takes place if it occurs in order to fulfil our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or leave the data in a third country only if the legal requirements are met. This means, for example, that processing is carried out on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU (e.g. for the USA by the “Privacy Shield”) or compliance with officially recognized special contractual obligations.
rights of the persons concerned
You have the right to request confirmation as to whether the data concerned are being processed and to request information about this data as well as further information and a copy of the data in accordance with the legal requirements.
In accordance with legal requirements, you have the right to request the completion of the data concerning you or the correction of incorrect data concerning you.
In accordance with legal requirements, you have the right to demand that the relevant data be deleted immediately or, alternatively, to demand a restriction on the processing of the data in accordance with legal requirements.
You have the right to request that the data concerning you that you have provided to us be received in accordance with the legal requirements and to request its transmission to other persons responsible.
Furthermore, they have the right to file a complaint with the competent supervisory authority in accordance with legal requirements.
right of revocation
You have the right to revoke consents given with effect for the future.
right to object
You may at any time object to the future processing of your personal data in accordance with the law. The objection may be lodged in particular against processing for direct marketing purposes.
cookies and right of objection for direct mail
Cookies” are small files that are stored on the user’s computer. Different data can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his or her visit to an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, for example, the content of a shopping basket in an online shop or a login status can be stored. Cookies are referred to as “permanent” or “persistent” and remain stored even after the browser is closed. For example, the login status can be saved when users visit it after several days. Likewise, the interests of users used for range measurement or marketing purposes may be stored in such a cookie. Third-party cookies” are cookies that are offered by providers other than the person responsible for operating the online offer (otherwise, if they are only its cookies, they are referred to as “first-party cookies”).
We may use temporary and permanent cookies and clarify this within the framework of our data protection declaration.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
Deletion of data
The data processed by us will be deleted or its processing restricted in accordance with legal requirements. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory storage obligations.
If the data are not deleted because they are necessary for other and legally permissible purposes, their processing is restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.
We ask you to inform yourself regularly about the contents of our data protection declaration. We will adapt the data protection declaration as soon as changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.
Additionally we process
– Contract data (for example, contract object, term, customer category).
– Payment data (e.g., bank details, payment history)
from our customers, prospects and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
External Payment Service Providers
We use external payment service providers through whose platforms the users and we can make payment transactions (e.g., each with a link to the data protection declaration, Paypal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full), Klarna (https://www.klarna.com/de/datenschutz/), Skrill (https://www.skrill.com/de/fusszeile/datenschutzrichtlinie/), Giropay (https://www.giropay.de/rechtliches/datenschutz-agb/), Visa (https://www.visa.de/datenschutz), Mastercard (https://www.mastercard.de/de-de/datenschutz.html), American Express (https://www.americanexpress.com/de/content/privacy-policy-statement.html).
As part of the fulfilment of contracts, we suspend the payment service providers on the basis of Art. 6 para. 1 lit. b. DSGVO. Furthermore, we employ external payment service providers on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f. DSGVO to provide our users with effective and secure payment options.
The data processed by the payment service providers includes inventory data such as name and address, bank data such as account numbers or credit card numbers, passwords, TANs and checksums as well as contract, totals and recipient information. This information is required to execute the transactions. However, the data entered will only be processed and stored by the payment service providers. This means that we do not receive any account or credit card related information, but only information with confirmation or negative information about the payment. The data may be transferred by the payment service providers to credit agencies. The purpose of this transmission is to verify identity and creditworthiness. For this we refer to the terms and conditions and data protection information of the payment service providers.
For payment transactions, the terms and conditions and the data protection information of the respective payment service providers, which can be accessed within the respective websites or transaction applications, apply. We refer to these also for the purpose of further information and assertion of rights of revocation, information and other interested parties.
retrieval of emojis and smilies
Emojis is used on the basis of our legitimate interests, i.e. interest in an attractive design of our online offer in accordance with Art. 6 para. 1 lit. f. DSGVO.
When contacting us (e.g. via contact form, e-mail, telephone or social media), the user’s details for processing the contact request and its processing pursuant to Art. 6 para. 1 lit. b. (in the context of contractual/pre-contractual relationships), Art. 6 para. 1 lit. f. (other requests) DSGVO. User information can be stored in a customer relationship management system (“CRM system”) or comparable request organization.
We delete the requests if they are no longer necessary. We review this requirement every two years; the statutory archiving obligations also apply.
hosting and emailing
The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, e-mail delivery, security services and technical maintenance services that we use for the purpose of operating this online offer.
We or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta- and communication data of customers, interested parties and visitors of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer according to Art. 6 Para. 1 lit. f DSGVO in conjunction with. Art. 28 DSGVO (conclusion of order processing contract).
Collection of access data and log files
We, or our hosting provider, collect data on the basis of our legitimate interests within the meaning of Art. 6 para. 1 letter f. DSGVO data on each access to the server on which this service is located (so-called server log files). The access data includes the name of the accessed website, file, date and time of access, transferred data volume, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider..
Log file information is stored for a maximum of 7 days for security reasons (e.g. to investigate misuse or fraud) and then deleted. Data whose further storage is required for evidentiary purposes are excluded from deletion until the respective incident has been finally clarified.
Google is certified under the Privacy Shield Agreement and thereby offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services associated with the use of this online offer and the use of the Internet. Pseudonymous user profiles can be created from the processed data.
We use Google Analytics only with IP anonymization enabled. This means that Google will reduce the IP address of users within Member States of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.
The IP address transmitted by the user’s browser is not merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent Google from collecting the data generated by the cookie and relating to their use of the online offer and processing this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
Users’ personal data will be deleted or made anonymous after 14 months.
Online presence in social media
We maintain online presences within social networks and platforms to communicate with active customers, prospects and users and to inform them about our services there.
We would like to point out that user data can be processed outside the European Union. This can pose risks for users because, for example, the enforcement of users’ rights could be made more difficult. With regard to US providers certified under the Privacy Shield, we would like to point out that they commit themselves to comply with EU data protection standards.
Furthermore, user data is usually processed for market research and advertising purposes. Thus, for example, user profiles can be created from the user behavior and the resulting interests of the users. The usage profiles can in turn be used, for example, to place advertisements inside and outside the platforms that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the user’s computer, in which the user’s usage behavior and interests are stored. Furthermore, data can also be stored in the user profiles independently of the devices used by the users (especially if the users are members of the respective platforms and are logged in to these).
The processing of users’ personal data is carried out on the basis of our legitimate interests in effective user information and communication with users pursuant to Art. 6 para. 1 lit. f. DSGVO. If the users are asked by the respective providers for consent to data processing (i.e. to give their consent e.g. by ticking a checkbox or confirming a button), the legal basis of processing is Art. 6 para. 1 lit. a., Art. 7 DSGVO.
For a detailed description of the respective processing and the possibilities of objection (opt-out), we refer to the information provided by the providers linked below.
Also in the case of requests for information and the assertion of user rights, we point out that these can be asserted most effectively with the providers. Only the providers have access to the data of the users and can directly take appropriate measures and provide information. If you still need help, you can contact us.
Integration of third-party services and content
We set within our online offer on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) content or service offers from third parties to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”).
This always presupposes that the third party providers of this content perceive the IP address of the users, since without the IP address they could not send the content to their browser. The IP address is therefore required for the display of this content. We make every effort to use only those contents whose respective providers use the IP address only for the delivery of the contents. Third-party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. 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 include technical information about the browser and operating system, referring websites, visiting time and other information about the use of our online offer, as well as be linked to such information from other sources.
As far as we know, OpenStreetMap will only use the user’s data for the purpose of displaying the map functions and temporarily storing the selected settings. This data may include in particular the IP addresses and location data of users, which, however, may not be collected without their consent (as a rule within the framework of the settings of their mobile devices).
Use of Facebook Social Plugins
We use on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) Social Plugins (“Plugins”) of the social network facebook.com, which is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”).
This may include, for example, content such as images, videos or texts and buttons with which users can share content from this online offer within Facebook. The list and the appearance of the Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
Facebook is certified under the Privacy Shield Agreement and thereby offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
When a user calls up a function of this online offer that contains such a plugin, his device establishes a direct connection to the Facebook servers. The content of the plugin is transmitted by Facebook directly to the user’s device and integrated into the online offer. The processed data can be used to create user profiles. We therefore have no influence on the amount of data Facebook collects with the help of this plugin and therefore inform users according to our level of knowledge.
By integrating the plugins, Facebook receives information that a user has called up the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his Facebook account. When users interact with the plugins, such as pressing the Like button or posting a comment, the information is sent directly from your device to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to obtain and store their IP address. According to Facebook, only an anonymized IP address is stored in Germany.
The purpose and scope of data collection and the further processing and use of the data by Facebook as well as the relevant rights and setting options for the protection of users’ privacy can be found in the Facebook data protection information: https://www.facebook.com/about/privacy/.
If a user is a Facebook member and does not want Facebook to collect data about him via this online offer and link it to his membership data stored on Facebook, he must log out of Facebook before using our online offer and delete his cookies. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.