Data Privacy Statement
Name and contact of the controller pursuant to Article 4 (7) GDPR
Stadthöfe Verwaltungs GmbH
Phone: 0511 / 7 00 21-0
Telefax: 0511 / 7 00 21-183
Data Protection Officer
Prof. Ulf Glende
Security and protection of your personal data
We consider it our primary task to protect the privacy of the personal data you provide and to protect them from unauthorized access. We therefore apply utmost care and state-of-the-art 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/German: DSGVO) and the provisions of the Federal Data Protection Act (Bundesdatenschutzgesetz; BDSG). We have taken technical and organisational measures to ensure that data protection regulations are observed both by us and by our external service providers.
The legislator 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 inform you about the individual legal definitions which are also used in this data privacy statement:
- 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, organisation, 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 analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
- 5. Pseudonymisation
"Pseudonymisation" 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 organisational 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, regardless whether centralised, decentralised 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 authorised 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 of personal data shall be lawful only if there is a legal basis for the processing. Pursuant to points a - f of Article 6 (1) GDPR, the legal basis for processing may be in particular:
- the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
- 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;
- processing is necessary for compliance with a legal obligation to which the controller is subject;
- processing is necessary in order to protect the vital interests of the data subject or of another natural person;
- 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;
- 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 on the collection of personal data
(1) In the following, we inform about the collection of personal data when using our website. Personal data are e.g. name, address, e-mail addresses, user behaviour.
(2) If you contact us by e-mail or via a contact form, the data you provide (your e-mail address, if applicable your name and your telephone number) will be stored by us in order to answer your questions. We delete the data collected in this context after storage is no longer necessary, or processing is restricted if statutory preservation obligations exist.
Collection of personal data when visiting our website
When using our website for information purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transfers to our server. If you wish to view our website, we collect the following data, which are technically necessary for us to display our website to you and to guarantee stability and security (legal basis is point f of Article 6 (1) sentence 1 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
– the amount of data transferred in each case
– website the request comes from
– operating system and its interface
– language and version of the browser software.
Further functions and offers of our website
(1) In addition to the purely informational use of our website, we offer various services that you can use if you are interested. To do so, you usually have to provide further personal data which we use to provide the respective service and to which the aforementioned data processing principles apply.
(2) In some cases, we use external service providers to process your data. We carefully select and commission these processors, they are bound by our instructions and are regularly monitored.
(3) Furthermore, we may pass on your personal data to third parties if we together with partners offer participation in promotions, lotteries, conclusion of contracts or similar services. For further information, please provide your personal data or refer to the description of the offer below.
(4) If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you of the consequences of this circumstance in the description of the offer.
Our offer is basically aimed at adults. Persons under the age of 18 should not transmit any personal data to us without the consent of their parents or legal guardians.
Rights of the data subject
(1) Right to withdrawal of consent
Where processing of personal data is based on your consent given, you have the right to withdraw the consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
You can contact us at any time to exercise your right of revocation.
(2)Right to confirmation
You shall have the right to obtain from the controller confirmation as to whether or not personal data concerning you are being processed. You can request confirmation at any time using the above contact details.
(3) Right to information
Where personal data are processed, you shall have the right to request information about your personal data and the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
- the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
Where personal data are transferred to a third country or to an international organisation, you shall have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer. We shall provide a copy of the personal data undergoing processing. For any further copies you request, we may charge a reasonable fee based on administrative costs. Where you make the request by electronic means, and unless otherwise requested by you, the information shall be provided in a commonly used electronic form.
(4) Right to rectification
You shall have the right to request from us the rectification of inaccurate personal data concerning you without undue delay. Taking into account the purposes of the processing, you shall 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 shall have the right to obtain from the controller the erasure of personal data concerning you without undue delay and we shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
- the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- the data subject withdraws consent on which the processing is based 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;
- the data subject objects to the processing pursuant to Article 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 (2) GDPR;
- the personal data have been unlawfully processed;
- the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
- the personal data have been collected in relation to the offer of information society services referred to in Article 8 (1) GDPR.
Where the controller has made the personal data public and is obliged pursuant to the aforementioned paragraph 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 apply 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 archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89 (1) GDPR in so far as the right referred to in Article 17 (1) GDPR is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
– for the establishment, exercise or defence of legal claims.
(6) Right to restriction of processing
You shall have the right to obtain from us restriction of processing of your personal data where one of the following applies:
- the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
- the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
- the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
- the data subject has objected to processing pursuant to Article 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted according to the aforementioned prerequisites, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence 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 restriction of processing, the you may contact us at any time using the contact details provided above.
(7) Right to data portability
You shall have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
- the processing is based on consent pursuant to point (a) of Article 6 (1) or point (a) of Article 9 (2) GDPR or on a contract pursuant to point (b) of Article 6 (1) GDPR; and
- the processing is carried out by automated means.
In exercising your right to data portability pursuant to the aforementioned paragraph, you shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
The exercise of the right to data portability shall be without prejudice to the right to erasure ("right to be forgotten"). That right shall 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 shall have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data 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 defence of legal claims.
Where personal data are processed for direct marketing purposes, you shall have the right to object at any time to processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where you object to processing for direct marketing purposes, your 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) GDPR, you, on grounds relating to your particular situation, shall have the right 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 may exercise your right to object at any time by contacting the respective controller.
(9) Automated individual decision-making, including profiling
You shall 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 shall not apply if the decision:
- is necessary for entering into, or performance of, a contract between the data subject and a data controller;
- is authorised 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
- 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.
You can exercise this right at any time by contacting the controller.
(10) Right of lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall 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 the GDPR.
(11) Right to an effective judicial remedy
Without prejudice to any other administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR, you shall have the right to an effective judicial remedy where you consider that your rights under this Regulation have been infringed as a result of processing of your personal data in non-compliance with this Regulation.
There is a provider for this website with whom an agreement on order data processing has been concluded.
We reserve the right to change our security and data protection measures if this becomes necessary due to technical developments. In these cases, we will also adapt our information on data protection accordingly. Therefore, please note the current version of our data privacy statement.
If you use external links that are provided within the scope of our websites, this data privacy statement does not extend to these links. Insofar as we provide links, we assure that at the time the links were set, no violations of applicable law were discernible on the linked web pages. However, we have no influence on compliance with data protection and security regulations by other providers. Therefore, please also inform yourself about the data protection declarations provided on the websites of other providers.
Questions, suggestions, complaints
as per: May 2018