DATENSCHUTZ

Name and contact details of the data controller according to Article 4 paragraph 7 GDPR

Company: 
Helmut Fischer Stiftung 

Adress:
Rotebühlstraße 121
D-70178 Stuttgart

E-Mail: 
beate.mangold[at]helmut-fischer-stiftung.com

 

Security and protection of your personal data

We consider it our primary task to maintain the confidentiality of the personal data you provide us and to protect it from unauthorized access. We therefore employ the utmost care and the latest security standards to ensure maximum protection of your personal data.

As a company under private law, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the provisions of the German Federal Data Protection Act (BDSG). We have taken technical and organizational measures to ensure that these data protection regulations are observed both by us and our external service providers.


Definitions

The law requires that personal data be processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’). In order to ensure this, we hereby inform you about the individual legal definitions which are also used in this data protection declaration:

 
1. 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.

 
2. Processing

‘Processing’ means 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, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

 
3. Restriction of processing

‘Restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in the future.


4. 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.

 
5. Pseudonymization

‘Pseudonymization’ means 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 organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

 
6. Filing system

‘Filing system’ means any structured set of personal data which are accessible according to specific criteria, whether centralized, decentralized or dispersed on a functional or geographical basis.


7. Controller

‘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.

 
8. Processor

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

 
9. 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; 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.


10. Third party

‘Third party’ means 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 authorized to process personal data;

 
11. Consent

‘Consent’ of the data subject means 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.

 

Lawfulness of processing

Processing shall be lawful only if and to the extent that there is a legal basis for the processing. Under Article 6(1)(a)-(f) GDPR, a legal basis for processing may be:

a. The data subject has given consent to the processing of his/her personal data for one or more specific purposes.

b. 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.

c. Processing is necessary for compliance with a legal obligation to which the controller is subject.

d. Processing is necessary in order to protect the vital interests of the data subject or of another natural person.

e. Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

f. Processing is necessary for the purposes of the legitimate interests pursued by the controller 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, in particular where the data subject is a child.


Information regarding the collection of personal data

(1) Here we provide information about the collection of personal data when you use our website. Personal data include your name, address, email addresses, user behavior, etc.

(2) If you contact us by email or via a contact form, the data you provide (your email address, if applicable your name and telephone number) will be stored by us in order to answer your questions. The data arising from this context will be deleted after storage is no longer necessary, or processing will be restricted if statutory storage obligations exist.

 
Collection of personal data when you visit our website

When you use the website for informational purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we may collect the following data, which are technically necessary for us to display our website to you and to guarantee stability and security (the legal basis for this is Article 6 (1) point (f) GDPR):

- IP address

- Date and time of the request

- Time zone difference to Greenwich Mean Time (GMT)

- Content of the request (specific page)

- Access status/HTTP status code

- Quantity of data transferred in each case

- Website from which the request comes

- Browser

- Operating system and its user interface

- Language and version of the browser software.


Use of cookies

(1) In addition to the aforementioned, cookies are stored on your computer when you use our website. Cookies are tiny text files which are stored on the hard disc of the computer by the browser you are using and through which certain information is sent back to the place of the cookie’s origin. Cookies cannot run programs or transmit viruses to your computer. They serve to make the internet offering, as a whole, more user-friendly and effective.

(2) This website uses the following types of cookies, the scope and functioning of which are explained below:

Transient cookies (see a.)

Persistent cookies (see b.)

a. Transient cookies are automatically deleted when you close the browser. These include, in particular, session cookies. They store a ‘session ID’ by which the various requests coming from your browser can be assigned to the joint session. This allows your computer to be recognized when you return to our website. Session cookies are deleted when you log out or close the browser.

b. Persistent cookies are automatically deleted after a specified period of time, which can vary depending on the cookie. You can delete the cookies at any time through the security settings of your browser.

c. You can configure your browser settings according to your wishes and, for example, refuse to accept third-party cookies or even all cookies. ‘Third party cookies’ are cookies that have been set by a third party, not by the actual website you are currently visiting. Please note that you may not be able to use all functions of this website if you disable cookies.

 

Additional functions and offers on our website

(1) In addition to the purely informational use of the website, we offer various services that you may use if you are interested. As a rule, you must provide further personal data, which we use to provide the respective service and for which the aforementioned data processing principles apply.

(2) In some cases, we make use of external service providers to process your data. These have been carefully selected and commissioned by us, and they are bound by our instructions and monitored regularly.

(3) Furthermore, we may pass on your personal data to third parties if we offer participation in promotions, competitions or conclusion of contracts, or if we offer similar services in cooperation with our partners. You will receive additional information about this when you enter your personal data or printed below the description of the offer.

(4) If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you about any potential consequences of this in the description of our offer.

Children

Our offer is principally aimed at adults. Persons under the age of 18 should not submit any personal data to us without the consent of their parents or legal guardians.

 

Rights of the data subject


(1) Withdrawal of consent

To the extent that the processing of personal data is based on a consent given, you have the right to withdraw this consent at any time. This withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

You may contact us at any time to exercise your right of withdrawal.

(2) Right to confirmation

You have the right to obtain confirmation from the controller as to whether we are processing personal data relating to you. You can request this confirmation at any time using the contact details provided above.

 
(3) Right to information

To the extent that personal data are processed, you can request information about this personal data and the following information at any time:

a. The purposes of processing

b. The categories of personal data being processed

c. The recipients or categories of recipients to whom the personal data have been or are still being disclosed, in particular recipients in third countries or international organizations

d. If possible, the planned duration for which the personal data will be stored, or, if this is not possible, the criteria for determining this duration

e. The existence of a right to have personal data related to you corrected or deleted, or to have the controller restrict such processing, or to object to such processing

f. The existence of a right to appeal to a supervisory authority

g. When the personal data are not collected from the data subject him/herself, all available information about the origin of the data

h. The existence of automated decision-making, including profiling, in accordance with Articles 22(1) and (4) of the GDPR and – at least when based on profiling – the right to obtain meaningful information about the logic involved and the scope and intended effects of such processing for the data subject

If personal data are transferred to a third country or an international organization, you have the right to be informed of the appropriate guarantees relating to the transfer in accordance with Article 46 GDPR. We will provide a copy of the personal data that are the subject of the processing. For any additional copies you request, we may charge an appropriate fee based on administrative costs for their provision. If you submit the application electronically, the information will be provided in a common electronic format, unless otherwise specified. The right to obtain a copy in accordance with paragraph 3 shall not prejudice the rights and freedoms of other persons.


(4) Right to rectification

You have the right to request, without undue delay, the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

 
(5) Right to erasure (‘right to be forgotten’)

You have the right to obtain from the controller the erasure of personal data concerning you without undue delay, and the controller shall have the obligation to erase personal data without undue delay, where one of the following grounds applies:

a. The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed

b. The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing

c. 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

d. The personal data have been unlawfully processed

e. The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject

f. The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR


Where the controller has made the personal data public and is obliged pursuant to paragraph 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 controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

The right to erasure (‘right to be forgotten’) does not exist to the extent that processing is necessary:

- for exercising the right of freedom of expression and information;

- for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

- for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3) GDPR;

- for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) GDPR insofar as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or for the establishment, exercise or defense of legal claims.

 

(7) Right to restriction of processing

You have the right to obtain from the controller restriction of processing your personal data where one of the following applies:

a. 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

b. The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead

c. 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 defense of legal claims

d. The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification of whether the legitimate grounds of the controller override those of the data subject

Where processing has been restricted as outlined above, such personal data shall, with the exception of storage, only be processed with the data subject's consent; or for the establishment, exercise or defense of legal claims; or for the protection of the rights of another natural or legal person; or for reasons of important public interest of the Union or of a Member State.

In order to exercise the right to restrict processing, the data subject may contact us at any time using the contact details provided above.

 

(7) Right to data portability

You have the right to receive any personal data concerning you that you have provided us in a structured, commonly used and machine-readable format, and you have the right to transmit those data to another controller without hindrance from the controller to which the personal data were provided, where:

a. the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1) GDPR; and

b. the processing is carried out by automated means.

In exercising his or her right to data portability pursuant to paragraph 1, you have the right to have your personal data transmitted directly from one controller to another, where technically feasible. The exercise of the right to portability is without prejudice to the right to erasure (‘right to be forgotten’). That right does not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

 

(8) Right to object

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you, which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates 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.

Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing; this includes profiling to the extent that it is related to such direct marketing.

If you object to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), you have the right, on grounds relating to your particular situation, to object to processing of personal data concerning you, unless the processing is necessary for the performance of a task carried out for reasons of public interest. 

You can exercise your right of objection at any time by contacting the data controller responsible.

 

(9) Automated individual decision-making, including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision:

a. is necessary for entering into, or performance of, a contract between the data subject and a data controller;

b. 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

c. is based on the data subject's explicit consent.

The data controller 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.

The data subject may exercise this right at any time by contacting the data controller responsible.

 

(10) Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you also have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, if you consider that the processing of personal data relating to you infringes this Regulation.

 

(11) Right to an effective judicial remedy

Without prejudice to any other administrative or non-judicial remedy, you have the right to an effective judicial remedy where the supervisory authority pursuant to Article 77 GDPR considers that your rights under this Regulation have been infringed as a result of processing your personal data in breach of this Regulation.

 

Use of Google Analytics

(1) This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses "cookies" – text files that are stored on your computer and allow analysis of your use of the website. The information generated by the cookie about your use of this site is generally sent to a Google server in the USA and stored there.

However, in case IP anonymization is activated on this website, the IP address is shortened beforehand by Google within the member states of the European Union or in other countries that are parties to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address sent to a Google server in the USA and shortened there. Google will use this information on behalf of the operator of this site to evaluate your use of the website, to compile reports on website activity and to provide additional services related to website and internet use in connection with the site operator.

(2) The IP address that your browser transmits within the context of Google Analytics will not be merged with other data held by Google.

You may refuse the use of cookies by setting your browser software accordingly; however, we point out that in this case you may not be able to use all features of this site to their full extent. You can also prevent Google's acquisition of data generated by the cookie and related to your use of the website (including your IP address), as well as the processing of these data by Google, by downloading and installing the browser plug-in available at the following link:
https://tools.google.com/dlpage/gaoptout?hl=en

 

(4) This website uses Google Analytics with the extension “_anonymizeIp()”. As a result, IP addresses are processed further only in abbreviated form, so that a personal relationship can be ruled out. If the data collected can be attributed to you personally, they will be excluded immediately, and the personal data will be deleted without delay.

(5) We use Google Analytics to analyze and regularly improve the usability of our website. Through the resulting statistics, we are able to improve our offerings and make them more interesting for you as a user. For those exceptional cases in which personal data are transferred to the USA, Google is subject to the EU-US Privacy Shield, www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Art. 6(1) point (f) of the GDPR.

http://www.google.com/analytics/terms/de.html, Data protection overview: http://www.google.com/intl/de/analytics/learn/privacy.html, and the data privacy policy: http://www.google.de/intl/de/policies/privacy.