This data protection declaration informs you about the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offer and the websites, functions and content connected to it as well as external online presences, such as our social media profiles (hereinafter jointly referred to as "online offer"). With regard to the terms used, such as "processing" or "controller", we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
Ulrich Schreiber (Festival Director), internationales literaturfestival berlin / Peter Weiss Foundation for Art and Politics e.V.
10115 Berlin, Germany
E-mail address: firstname.lastname@example.org
Types of data processed:
Inventory data (e.g., names, addresses).
Contact data (e.g., email, telephone numbers).
Content data (e.g., text entries, photographs, videos).
Usage data (e.g., web pages visited, interest in content, access times).
Meta/communication data (e.g., device information, IP addresses).
Categories of data subjects
Visitors and users of the online offer (hereinafter we also refer to the data subjects collectively as "users").
Purpose of the processing
Provision of the online offer, its functions and contents.
Answering contact requests and communication with users.
"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 (e.g. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
"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 any handling of data.
"Pseudonymisation" means the processing of personal data in such a way that personal data can no longer be related to a specific data subject without additional information, provided that such additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data are not attributed to an identified or identifiable natural person.
"Profiling" means any automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.
“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.
"Processor' means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Relevant legal basis
In accordance with Art. 13 DSGVO, we inform you of the legal basis for our data processing. If the legal basis is not stated in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6(1)(a) and Art. 7 DSGVO, the legal basis for processing in order to fulfil our services and carry out contractual measures and respond to enquiries is Art. 6(1)(b) DSGVO, the legal basis for processing in order to fulfil our legal obligations is Art. 6(1)(c) DSGVO, and the legal basis for processing in order to protect our legitimate interests is Art. 6(1)(f) DSGVO. In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) lit. d DSGVO serves as the legal basis.
We take appropriate technical and organisational measures in accordance with Art. 32 DSGVO, 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 varying likelihood and severity of the risk to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the risk.
The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access to, input, disclosure, ensuring availability and segregation of the data. We also have procedures in place to ensure the exercise of data subjects' rights, deletion of data and response to data compromise. Furthermore, we already take the protection of personal data into account in the development and selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 DSGVO).
Cooperation with processors and third parties
Insofar as we disclose data to other persons and companies (order processors or third parties) in the course of our processing, transmit it to them or otherwise grant them access to the data, this is only done on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as to payment service providers, is necessary for the performance of the contract pursuant to Art. 6 (1) lit. b DSGVO), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties to process data on the basis of a so-called "order processing agreement", this is done on the basis of Art. 28 DSGVO.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using third-party services or disclosing or transferring data to third parties, this is only done if it is done in order to fulfil our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or allow the processing of data in a third country if the special requirements of Art. 44 ff. DSGVO are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding to that of the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognised special contractual obligations (so-called "standard contractual clauses").
Rights of the data subjects
You have the right to request confirmation as to whether data in question is being processed and to be informed about this data and to receive further information and a copy of the data in accordance with Art. 15 of the GDPR.
You have according to. Article 16 of the GDPR, you have the right to request that the data concerning you be completed or that the inaccurate data concerning you be corrected.
In accordance with Art. 17 of the GDPR, you have the right to demand that the data in question be deleted without delay, or alternatively, in accordance with Art. 18 of the GDPR, to demand that the processing of the data be restricted.
You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 of the GDPR and to request that it be transferred to other data controllers.
You also have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 DSGVO.
Right of withdrawal
You have the right to revoke your consent in accordance with Art. 7 (3) DSGVO with effect for the future.
Right of objection
You may object to the future processing of data relating to you in accordance with Art. 21 DSGVO at any time. The objection can be made in particular against processing for the purpose of direct advertising.
Cookies and the right to object to direct advertising
Cookies" are small files that are stored on users' computers. Different information 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 or her browser. In such a cookie, for example, the contents of a shopping basket in an online shop or a login status can be stored. Cookies that remain stored even after the browser is closed are referred to as "permanent" or "persistent". For example, the login status can be stored if users visit them after several days. Likewise, the interests of users can be stored in such a cookie, which is used for range measurement or marketing purposes. Third-party cookies" are cookies that are offered by providers other than the responsible party that operates the online offer (otherwise, if they are only its cookies, they are referred to as "first-party cookies").
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 restricted in its processing in accordance with Articles 17 and 18 DSGVO. Unless expressly stated within the scope of this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. I.e. 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.
According to legal requirements in Germany, data is stored for 10 years in accordance with §§ 147 para. 1 AO, 257 para. 1 nos. 1 and 4, para. 4 HGB (books, records, management reports, accounting vouchers, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with § 257 para. 1 nos. 2 and 3, para. 4 HGB (commercial letters).
According to legal requirements in Austria, storage is in particular for 7 years pursuant to § 132 para. 1 BAO (accounting records, vouchers/invoices, accounts, receipts, business papers, statement of income and expenditure, etc.), for 22 years in connection with real estate and for 10 years for records in connection with electronically provided services, telecommunications, radio and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
Administration, financial accounting, office organisation, contact management
We process data in the context of administrative tasks as well as organisation of our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the course of providing our contractual services. The processing bases are Art. 6 para. 1 lit. c. DSGVO, Art. 6 para. 1 lit. f. DSGVO. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in the processing lies in the administration, financial accounting, office organisation, archiving of data, i.e. tasks that serve the maintenance of our business activities, performance of our tasks and provision of our services. The deletion of data with regard to contractual services and contractual communication corresponds to the information mentioned in these processing activities.
In this context, we disclose or transmit data to the tax authorities, consultants such as tax advisors or auditors as well as other fee offices and payment service providers.
Furthermore, we store information on suppliers, organisers and other business partners on the basis of our business interests, e.g. for the purpose of contacting them at a later date. This data, most of which is company-related, is stored permanently.
Provision of our statutory and business services
We process the data of our members, supporters, interested parties, customers or other persons in accordance with Art. 6 para. 1 lit. b. DSGVO, insofar as we offer them contractual services or act within the framework of an existing business relationship, e.g. towards members, or are ourselves recipients of services and benefits. Furthermore, we process the data of data subjects pursuant to Art. 6 para. 1 lit. f. DSGVO on the basis of our legitimate interests, e.g. when administrative tasks or public relations work are involved.
The data processed in this context, the type, scope and purpose and the necessity of their processing are determined by the underlying contractual relationship. In principle, this includes inventory and master data of persons (e.g. name, address, etc.), as well as contact data (e.g. e-mail address, telephone, etc.), contract data (e.g. services used, content and information provided, names of contact persons) and, if we offer services or products that are subject to payment, payment data (e.g. bank details, payment history, etc.).
We delete data that is no longer required to fulfil our statutory and business purposes. This is determined according to the respective tasks and contractual relationships. In the case of business processing, we retain the data for as long as it may be relevant for the processing of the business as well as with regard to any warranty or liability obligations. The necessity of retaining the data is reviewed every three years; otherwise, the statutory retention obligations apply.
Data protection information in the application procedure
We only process applicant data for the purpose of and within the scope of the application procedure in accordance with the legal requirements. Applicant data is processed in order to fulfil our (pre)contractual obligations within the scope of the application procedure in accordance with Art. 6 (1) lit. b. DSGVO Art. 6 para. 1 lit. f. DSGVO insofar as the data processing becomes necessary for us, e.g. within the scope of legal procedures (in Germany, § 26 BDSG also applies).
The application procedure requires applicants to provide us with applicant data. The necessary applicant data are marked if we offer an online form, otherwise they result from the job descriptions and basically include personal details, postal and contact addresses and the documents belonging to the application, such as cover letter, CV and certificates. In addition, applicants may voluntarily provide us with additional information.
Insofar as special categories of personal data within the meaning of Art. 9 (1) DSGVO are voluntarily disclosed within the scope of the application procedure, their processing is additionally carried out in accordance with Art. 9 (2) lit. b DSGVO (e.g. health data, such as severely disabled status or ethnic origin). Insofar as special categories of personal data within the meaning of Art. 9 (1) DSGVO are requested from applicants as part of the application process, their processing is additionally carried out in accordance with Art. 9 (2) a DSGVO (e.g. health data if this is necessary for the exercise of the profession).
If provided, applicants can submit their applications to us using an online form on our website. The data is transmitted to us in encrypted form in accordance with the state of the art.
Applicants can also send us their applications by e-mail. Please note, however, that e-mails are generally not sent in encrypted form and applicants must ensure that they are encrypted themselves. We cannot therefore accept any responsibility for the transmission path of the application between the sender and receipt on our server and therefore recommend rather using an online form or sending by post. This is because instead of applying via the online form and e-mail, applicants still have the option of sending us their application by post.
In the event of a successful application, the data provided by applicants may be processed by us for the purposes of the employment relationship. Otherwise, if the application for a job offer is unsuccessful, the applicants' data will be deleted. Applicants' data will also be deleted if an application is withdrawn, which applicants are entitled to do at any time.
Subject to a justified withdrawal by the applicants, the deletion will take place after the expiry of a period of six months so that we can answer any follow-up questions about the application and meet our obligations to provide evidence under the Equal Treatment Act. Invoices for any reimbursement of travel expenses will be archived in accordance with tax law requirements.
When contacting us (e.g. by contact form, e-mail, telephone or via social media), the user's details are processed for the purpose of handling the contact request and its processing pursuant to Art. 6 (1) lit. b) DSGVO. The user's details may be stored in a customer relationship management system ("CRM system") or comparable enquiry organisation.
We delete the enquiries if they are no longer necessary. We review the necessity every two years; furthermore, the legal archiving obligations apply.
With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedure and your rights of objection. By subscribing to our newsletter, you agree to receive it and to the procedures described.
Content of the newsletter: We send newsletters, e-mails and other electronic notifications with promotional information (hereinafter "newsletter") only with the consent of the recipients or a legal permission. If the contents of the Newsletter are specifically described in the course of registration, they are decisive for the consent of the users. Apart from that, our newsletters contain information about our services and us.
Double opt-in and logging: Registration for our newsletter is carried out in a so-called double opt-in procedure. This means that after registration you will receive an e-mail in which you are asked to confirm your registration. This confirmation is necessary so that no one can register with other email addresses. The registrations for the newsletter are logged in order to be able to prove the registration process in accordance with the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. Likewise, changes to your data stored with the dispatch service provider are logged.
Registration data: To register for the newsletter, it is sufficient to enter your e-mail address. Optionally, we ask you to enter a name for the purpose of a personal address in the newsletter.
The newsletter is sent and its success measured on the basis of the recipients' consent pursuant to Art. 6 Para. 1 lit. a, Art. 7 DSGVO in conjunction with § 7 Para. 2 No. 3 UWG or, if consent is not required, on the basis of our legitimate interests in direct marketing pursuant to Art. 6 Para. 1 lt. f. DSGVO in conjunction with § 7 Para. 2 No. 3 UWG. DSGVO in conjunction with. § 7 para. 3 UWG.
The logging of the registration process takes place on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f DSGVO. Our interest is directed towards the use of a user-friendly as well as secure newsletter system that serves our business interests as well as the expectations of the users and furthermore allows us to prove consent.
Cancellation/revocation - You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. We may store unsubscribed email addresses for up to three years based on our legitimate interests before deleting them in order to be able to prove consent previously given. The processing of this data is limited to the purpose of a possible defence against claims. An individual request for deletion is possible at any time, provided that the former existence of consent is confirmed at the same time.
Newsletter - dispatch service provider
The newsletter is sent by means of the dispatch service provider [Supermailer, Mirko Böer, Malachitstraße 16, 04319 Keipzig, Germany]. You can view the data protection provisions of the dispatch service provider here. The shipping service provider is used on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f DSGVO and an order processing agreement pursuant to Art. 28 para. 3 p. 1 DSGVO.
The dispatch service provider may use the data of the recipients in pseudonymous form, i.e. without assignment to a user, to optimise or improve its own services, e.g. to technically optimise the dispatch and presentation of the newsletter or for statistical purposes. However, the dispatch service provider does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.
The hosting services used by us serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services, which we use for the purpose of operating this online offer.
In doing so, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta data 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 pursuant to Art. 6 para. 1 lit. f DSGVO in conjunction with Art. 28 DSGVO (conclusion of a contract). Art. 28 DSGVO (conclusion of order processing contract).
Collection of access data and log files
We, or rather our hosting provider, collect data on every access to our website on the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. DSGVO, we or our hosting provider collect data about each access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, 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 security reasons (e.g. for the clarification of abuse or fraud) for a maximum of 7 days and then deleted. Data whose further storage is required for evidentiary purposes is exempt from deletion until the respective incident is finally clarified.
Google is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf for the purpose of evaluating your use of our website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. In doing so, pseudonymous user profiles can be created from the processed data.
We only use Google Analytics with IP anonymisation activated. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of 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 will not be merged with other data from Google. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection of the data generated by the cookie and related to their use of the online offer to Google as well as the processing of this data by Google by downloading and installing the browser plugin available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
The users' personal data is deleted or anonymised after 14 months.
This website uses a marketing tool of Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook") (legal basis Art. 6 (1) lit. a) DSGVO). This function is used to present interest-based advertisements ("Facebook Ads") when visiting the social network Facebook. A Facebook pixel has been installed on literaturfestival.com for this purpose. This pixel establishes a direct connection to the Facebook servers when the website is visited. The fact that you have visited this website is transmitted to the Facebook server and Facebook assigns this information to your personal Facebook user account. In doing so, the Peter Weiss Foundation for Art and Politics e.V. completely refrains from using the "extended matching" function.
Facebook Custom Audiences
(1) Furthermore, the website uses the remarketing function "Custom Audiences" of Facebook Inc. ("Facebook"). This allows users of the website to be shown interest-based advertisements ("Facebook Ads") when visiting the social network Facebook or other websites that also use this procedure. In this way, we pursue the interest of showing you advertisements that are of interest to you in order to make our website more interesting for you.
(2) Due to the marketing tools used, your browser automatically establishes a direct connection with the Facebook server. We have no influence on the scope and further use of the data collected by Facebook through the use of this tool and therefore inform you according to our state of knowledge: Through the integration of Facebook Custom Audiences, Facebook receives the information that you have called up the corresponding web page of our website or clicked on an advertisement from us. If you are registered with a Facebook service, Facebook can assign the visit to your account. Even if you are not registered with Facebook or have not logged in, it is possible that the provider will learn and store your IP address and other identifying features.
(3) Deactivation of the "Facebook Custom Audiences" function is available here for logged-in users at https://www.facebook.com/settings/?tab=ads#_möglich.
(4) The legal basis for the processing of your data is Art. 6 para. 1 p. 1 lit. f DS-GVO. Further information on data processing by Facebook is available at https://www.facebook.com/about/privacy.
Online presence in social media
We maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services there. When calling up the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
Unless otherwise stated in our data protection declaration, we process the data of users if they communicate with us within the social networks and platforms, e.g. write posts on our online presences or send us messages.
Integration of third-party services and content
Within our online offer, we use content or service providers 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). DSGVO) to integrate content or services offered by third-party providers, such as videos or fonts (hereinafter uniformly referred to as "content").
This always requires that the third-party providers of this content are aware of the IP address of the user, as without the IP address they would not be able to send the content to their browser. The IP address is therefore necessary for the display of this content. We endeavour to only use content whose respective providers only use the IP address 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, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offering, as well as being linked to such information from other sources.