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Privacy Policy

Statement of Online Data Protection Policy in accordance with the GDPR

1. Name and address of the controller and the data protection officer

The controller as defined in the General Data Protection Regulation and other data protection laws nationally applicable in the EU member states or other regulations related to data protection is:

Bezirk Oberbayern (District Council of Upper Bavaria)

Prinzregentenstraße 14
Germany
80538 München

The District of Upper Bavaria’s data protection officer can be reached at:

Data Protection Officer of the District of Upper Bavaria

2. General information on data processing

2.1. Extent of personal data processing

We process our users’ personal data only to the extent required for providing a functional website and supplying our content and services. We process our users’ personal data regularly only if the respective users have given their consent. The only exception to this is where it is actually impossible for us to obtain prior consent and processing of the data is legally allowed.

2.2. Legal basis for processing personal data

Where we obtain the corresponding data subjects’ consent for processing their personal data, art. 6 paragraph 1 point a of the EU General Data Protection Regulation (GDPR) serves as the legal basis.

Where we need to process personal data for the purposes of fulfilling a contract, and the data subject is party to the contract, art. 6 paragraph 1 point b GDPR serves as the legal basis. This also applies to processing necessary to accommodate preparations for entering into a contract.

Where processing of personal data is necessary for the District of Upper Bavaria to fulfill a legal obligation, art. 6 paragraph 1 point c GDPR serves as the legal basis.

Where processing of personal data is necessary for protecting the vital interests of the data subject, or those of another individual, art. 6 paragraph 1 point d GDPR serves as the legal basis.

Where processing is necessary to protect the District of Upper Bavaria’s or a third party’s legitimate interests, and such interests are not overridden by the interests, fundamental rights and freedoms of the data subject, art. 6 paragraph 1 point f GDPR serves as the legal basis.

2.3. Deletion of data and data storage period

The data subject’s personal data will be deleted or blocked as soon as the purpose for which it has been collected has been fulfilled. Data may remain on record beyond this period if such is specified in European or national legislation from European Union Regulations, laws or other provisions to which the District of Upper Bavaria is subject. Data will also be deleted if a storage period specified in the above standards expires unless conclusion or fulfillment of a contract requires the data to remain on record further.

3. Provision of website and creation of log files

3.1. Details and extent of data processing

Any time our website bezirk-oberbayern.de is accessed, our system automatically records data and information concerning the accessing computer.

The following data is recorded:

  • Information on the browser type and version used
  • The user’s IP address (partially anonymized)
  • Date and time of access
  • URL accessed when accessing
  • Websites from which the user’s system reaches our website
  • Websites the user’s system accesses from our website

This data is also recorded in our system’s log files. This data is not stored together with any of the user’s other personal data.

3.2. Legal basis for data processing

The legal basis for temporary recording of this data in our log files is art. 6 paragraph 1 point f GDPR.

3.3. Purpose of data processing

Our system needs to temporarily record the IP address in order to provide the website to the user’s computer. This also requires that the user’s IP address remains logged throughout the session.

Recording the data in log files is necessary to ensure that the website operates correctly. The data further helps us optimize the website and ensure that our computer systems remain secure. No data is processed for marketing purposes in this context.

The above purposes also constitute our legitimate interests in data processing under art. 6 paragraph 1 point f GDPR.

3.4. Data storage period

The data is deleted as soon as it is no longer required for achieving the purpose for which it was recorded. With respect to data being recorded in order to provide the website, the data is no longer required as soon as the respective session ends.

With respect to data being recorded in log files, the data is no longer required after seven days at the latest. Data may remain on record for longer. If so, the users’ IP addresses are deleted or rendered untraceable to make identification of the accessing client impossible.

3.5. Right to object and options for avoidance

The website cannot be provided without recording the data and the operation of the site in the Internet is impossible without storing the data in log files. There is correspondingly no option for the user to object.

4. Use of cookies

4.1. Details and extent of data processing

Our website uses cookies. Cookies are text files saved in the Internet browser or by the Internet browser on the user’s computer. When a user accesses a website, a cookie may be stored in the user’s operating system. This cookie contains a unique character string that allows the website to identify the browser when it accesses the website again.

We use cookies to improve the user experience when accessing our website. Some of our website’s elements need to be able to identify the accessing browser even after it has left the site.

Our website also employs cookies that facilitate analysis of the users’ web-surfing behavior.

This can entail transfer of the following data:

  • The user’s IP address (anonymized)
  • Optional user ID
  • The user’s time zone
  • Date and time of the request
  • Geolocational data (country, region, city, approximate longitude and latitude)
  • The user’s default language (Accept-Language header field)
  • Screen resolution
  • Name of the program used (User-Agent header field)

Depending on the browser used, it is also possible to determine:

  • Additional browser information
  • Operating system information
  • Device class information (desktop, tablet, smartphone, etc.)
  • Information on the device brand and model
  • Retrieved URL
  • Page title of the request
  • Previous URL (which referred to the retrieved page)
  • Files that were clicked and loaded
  • Clicks for referrals from targets outside the URL domain
  • Time to load and generate the page

Certain information is stored in cookies and collected by Matomo (more details under point 8):

  • Random one-time visitor ID
  • Time of the first visit
  • Time of last visit
  • Number of visits

User data recorded this way is pseudonymised through technical measures. It cannot be used to identify the accessing user. This data is not stored together with any of the user’s other personal data.
When accessing our website, the user is informed about the use of cookies for analysis purposes. In this context, reference is also made to this privacy policy.

4.2. Legal basis for data processing

The legal basis for using cookies to process personal data is art. 6 paragraph 1 point f GDPR.

4.3. Purpose of data processing

The purpose of using technically necessary cookies is to make using our website easier for users. Several of our website’s functions will not work without using cookies. These functions require the browser to be recognized again after leaving and returning to our website.

The user data recorded in technically necessary cookies is not used to create user profiles.

We use analysis cookies to improve the quality of our website and its contents. The analysis cookies tell us how the website is being used and this way allow us to keep on improving it.

The above purposes also constitute our legitimate interests in processing personal data under art. 6 paragraph 1 point f GDPR.

4.4. Data storage period, right to object and options for avoidance

Cookies are stored on the user’s computer and transferred to us by that computer. As the user, you therefore have complete control over the use of cookies. You can restrict or prevent your computer from sending cookies by adjusting your Internet browser’s settings. You can delete any saved cookies at any time. You can even automate deletion. If you disable cookies for our website, you may no longer be able to use the site’s full range of functions.


5. Email contact

5.1. Details and extent of data processing

On our website you have the option to contact us under various email addresses provided. If you do so, we will store the personal user data included in the email. We will not give this data to anybody else. The data will be used solely for handling our conversation.

In this context, however, we would like to point out that information you send to us unencrypted by email could potentially be read by third parties during transfer.

5.2. Legal basis for data processing

The legal basis for processing data received as part of email communication is art. 6 paragraph 1 point f GDPR. If email communication pursues conclusion of a contract, the legal basis shall further be art. 6 paragraph 1 point b GDPR.

5.3. Purpose of data processing

We process the personal data obtained from users contacting us via email solely for the purposes of handling contact.

5.4. Data storage period

The data is deleted as soon as it is no longer required for achieving the purpose for which it was recorded. In terms of a contact received by email, this applies when the respective conversation with the user has concluded. The conversation has concluded when the circumstances indicate that the respective subject has been fully resolved.

5.5. Right to object and options for avoidance

All users can at any time withdraw their consent to our processing their personal data. If a user contacts us by email, they can object at any time to our storing their personal data.

You can withdraw your consent and object to our storing data by sending an email to info@schafhof-kuenstlerhaus.de or by post to Schafhof – European Center for Art Upper Bavaria, Am Schafhof 1, 85354 Freising. If the revocation concerns the storing of data as part of the email contact with us, it should be directed to the previous email recipient.

In case of revocation of consent or storage the conversation cannot be pursued further. All personal data stored in the course of contacting will be deleted in this case.

  

6. Web analysis by Matomo (formerly PIWIK)

6.1. Extent of personal data processing

  • We use the open-source tool Matomo (formerly PIWIK) on our website to analyze our users’ surfing behavior. The software stores a cookie on the user’s computer (see above for more on cookies). When any part of our website is accessed, the following data is stored: The user’s IP address (anonymized)
  • Optional user ID
  • The user’s time zone
  • Date and time of the request
  • Geolocational data (country, region, city, approximate longitude and latitude)
  • The user’s default language (Accept-Language header field)
  • Screen resolution
  • Name of the program used (User-Agent header field)

Depending on the browser used, it is also possible to determine:

  • Additional browser information
  • Operating system information
  • Device class information (desktop, tablet, smartphone, etc.)
  • Information on the device brand and model
  • Retrieved URL
  • Page title of the request
  • Previous URL (which referred to the retrieved page)
  • Files that were clicked and loaded
  • Clicks for referrals from targets outside the URL domain
  • Time to load and generate the page

Certain information is stored in cookies and collected by Matomo (more details under point 8):

  • Random one-time visitor ID
  • Time of the first visit
  • Time of last visit
  • Number of visits

This software runs only on the servers hosting our website. Users’ personal data is saved there and nowhere else. The data is not made accessible to third parties.

6.2. Legal basis for processing personal data

The legal basis for processing the users’ personal data is art. 6 paragraph 1 point f GDPR.

6.3. Purpose of data processing

Processing the users’ personal data allows us to analyze their surfing behavior. By analyzing the obtained data, we can compile information on how the various components of our website are used. This helps us keep on improving our website and its user experience. The above purposes also constitute our legitimate interests in processing the data under art. 6 paragraph 1 point f GDPR. Anonymizing the IP addresses adequately satisfies the users’ interests in protecting their personal data.

6.4. Data storage period

The data is deleted as soon as we no longer need them for our records. In our cases, this corresponds to eighteen months later.

6.5. Right to object and options for avoidance

Cookies are stored on the user’s computer and transferred to us by that computer. As the user, you therefore have complete control over the use of cookies. You can restrict or prevent your computer from sending cookies by adjusting your Internet browser’s settings. You can delete any saved cookies at any time. You can even automate deletion. If you disable cookies for our website, you may no longer be able to use the site’s full range of functions.
We offer our users the option to opt out of the analysis process. To do so, follow the corresponding link at the top of the screen when you first visit our website. This will save another cookie to your system that tells our system not to store your user data. If you delete this cookie from your system later, you will need to set the opt-out cookie again.

Sie haben das Tracking in Ihrem Browser deaktiviert.

Ihr Besuch auf dieser Website wird nicht statistisch erfasst, da Ihr Browser uns mitgeteilt hat, dass Sie kein Tracking wünschen.

Um das Tracking zu aktivieren, müssen Sie die sogenannte "Do Not Track"-Einstellung in Ihrem Browser deaktivieren.


For more details on privacy settings in Matomo, follow the link: https://matomo.org/docs/privacy/

  
7. Data subject’s rights

Upper Bavaria corrects and/or completes the personal data relating to yourself if this data is incorrect or incomplete.

7.1. Right of access

You are entitled to request information from the District of Upper Bavaria on whether we are processing any personal data related to yourself.

If we do, you can further request information from the District of Upper Bavaria in accordance with art. 15 GDPR regarding the following information:

(1) the purposes for which the personal data is being processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data relating to you or yourself is or will be disclosed;
(4) the period for which the personal data relating to yourself is intended to remain on record or, if this cannot be specified, the criteria for defining the storage period;
(5) whether you are entitled to demand correction or deletion of the personal data relating to yourself, to demand limitation of processing by the controller or to object to processing;
(6) whether you are entitled to file a complaint with a supervisory authority;
(7) everything available on the data’s source if the entity you are enquiring with did not obtain it themselves;
(8) whether there was any automated decision-making and profiling as per art. 22 paragraphs 1 and 4 GDPR and—at least where such was the case—useful information on the underlying logic and the impact and pursued effects of this processing on the data subject.

You are entitled to request information on whether the personal data relating to yourself will be transmitted to a non-EU member state or international organization. You are entitled in this context to request information on suitable safeguards according to art. 46 GDPR related to the transmission.

7.2. Right to rectification

You are entitled in accordance with art. 16 GDPR to request that the District of Upper Bavaria corrects and/or completes the personal data relating to yourself if this data is incorrect or incomplete.

7.3. Right to restriction of processing

You can request limits to the processing of personal data relating to yourself in accordance with art. 18 GDPR if the following applies:

(1) if you contest the correctness of the personal data relating to yourself for a period that allows the District of Upper Bavaria to check the data’s correctness;
(2) processing of the data is illegal and you object to deletion of the data in favor of restricting the personal data’s use;
(3) the District of Upper Bavaria no longer requires the personal data for the purposes of processing, but you need them to legitimize, exercise or defend a legal claim, or
(4) you have objected to processing in accordance with art. 21 paragraph 1 GDPR and it has not yet been established whether the District of Upper Bavaria’s legitimate interests outweigh your own.

If processing the personal data relating to yourself has been limited, the data can without your consent be used neither to assert, exercise or defend legal claims nor to enforce protection of another individual’s or legal entity’s rights nor can it be processed in the public interest of the European Union or one of its member states.

If processing has been restricted in accordance with the above conditions, you will be notified by the District of Upper Bavaria before any restrictions are lifted.

7.4. Right to erasure

7.4.1. Obligation to delete

You can in accordance with art. 17 GDPR request that the District of Upper Bavaria delete the personal data relating to yourself immediately; the District of Upper Bavaria is then obliged to delete the data immediately, provided one of the following conditions applies:

(1) The personal data relating to yourself is no longer required to achieve the purposes for which it was collected or otherwise processed.
(2) You withdraw your consent, under which processing became legitimate as per art. 6 paragraph 1 point a or art. 9 paragraph 2 point a GDPR, and there is no other legal basis for processing.
(3) You object to processing as per art. 21 paragraph 1 GDPR and your objection is not overridden by legitimate reasons for processing, or you object to processing as per art. 21 paragraph 2 GDPR.
(4) The personal data relating to yourself have been processed unlawfully.
(5) Deletion of the personal data relating to yourself is necessary to fulfill a legal obligation imposed by European Union law or German law.
(6) The personal data relating to yourself has been collected in connection with the offer of information society services as per art. 8 paragraph 1 GDPR.

7.4.2. Notification of third parties

If the District of Upper Bavaria has published personal data relating to yourself and has become obliged to delete it as per art. 17 paragraph 1 GDPR, it will take action, including technical measures, using the available technology and at appropriate expense with the aim of notifying any controllers processing your personal data that you as the data subject have requested deletion of all links to said personal data or to copies or reproductions thereof.

7.4.3. Exceptions

The right to erasure becomes void if processing is necessary

(1) to exercise the right to freedom of expression and information;
(2) to fulfill a legal obligation requiring the controller to process the data imposed upon them by European Union law or the national laws of a European Union member state, or to complete a duty in the public interest or to perform executive duties appointed to the controller;
(3) in the interests of public health and safety as per art. 9 paragraph 2 points h and i and art. 9 paragraph 3 GDPR;
(4) for archiving purposes in the public interest, for scientific or historical research or for statistical purposes as per art. 89 paragraph 1 GDPR, provided that the right described in section a) can be reasonably assumed to prevent or seriously impede achievement of the processing purposes;
(5) to assert, exercise or defend legal claims.

7.5. Notification Obligation

If you have asserted your right to rectification, erasure or restriction of processing against the District of Upper Bavaria, then it is under obligation to notify all recipients to whom the personal data relating to yourself has been disclosed of the corresponding rectification or erasure of data or of the restriction of their processing, except where such notification proves impossible or unreasonable.
You have the right to be informed of who these recipients are by the District of Upper Bavaria in accordance with art. 19 GPDR.

7.6. Right to data portability

In accordance with art. 20 GPDR, you have the right to receive the personal data concerning yourself that you have provided to the District of Upper Bavaria in a structured, commonly used and machine-readable format. You are also entitled to transmit this data to another controller without the District of Upper Bavaria hindering you from doing so and if

(1) you have consented to processing as per art. 6 paragraph 1 point a GDPR or art. 9 paragraph 2 point a GDPR or processing is governed by a contract as per art. 6 paragraph 1 point b GDPR and
(2) the processing occurs by automated methods.

When exercising this right, you can further request the District of Upper Bavaria to send the personal data relating to yourself directly to another controller, provided this is technically feasible. This must not adversely affect the liberties and rights of others.

The right to data portability does not extend to the processing of personal data where such processing is necessary for fulfilling a duty in the public interest or for exercising executive duties appointed to the District of Upper Bavaria.

7.7. Right to object

In accordance with art. 21 GDPR, you are entitled to object for reasons arising from your own personal situation at any time against processing of personal data relating to yourself where processing is legitimized by art. 6 paragraph 1 points e or f GDPR; this applies in equal measure to profiling legitimized by these provisions.

The district of Upper Bavaria will cease to process your personal data unless they can prove compelling legitimate reasons for processing that override your interests, rights and liberties or processing pursues the assertion, exercise or defense of legal claims.

If personal data relating to yourself is processed for the purpose of direct advertising, you are entitled to object at any time to the processing of your personal data for this purpose; this applies equally to profiling where it occurs in connection with such direct advertising.

If you object to processing for direct advertising, the personal data relating to yourself will no longer be processed for this purpose.
You may, in connection with the use of information society services—Directive 2002/58/EC notwithstanding—exercise your right to object by means of automated methods that are subject to technical specifications.

7.8. Right to withdraw your consent under data protection law

In accordance with art. 7 paragraph 3 GDPR, you are entitled to withdraw your consent under data protection law at any time. Your withdrawing consent does not affect legitimacy of any processing that has occurred with your consent prior to withdrawal.

7.9. Automated individual decision-making, including profiling

You have the right not to be subject to any decision that entails legal implications for yourself or has similar, substantially adverse effects on yourself, if said decision is based solely on automated processing; this includes profiling. You do not have this right if the decision

(1) is necessary to allow conclusion or fulfillment of a contract between yourself and the controller,
(2) is legitimate under the legal provisions of the European Union or its member states to which the controller is subject and these legal provisions include appropriate measures safeguarding your rights, liberties and legitimate personal interests or
(3) is made with your express consent.

However, such decisions may have been made based on personal data of special categories as per art. 9 paragraph 1 GDPR unless art. 9 paragraph 2 points a or g GDPR also apply and appropriate measures have been taken to protect your rights, liberties and legitimate personal interests.

With respect to cases (1) and (3), the controller shall take appropriate precautions to protect your rights, liberties and legitimate personal interests; such precautions will include at least the right to enforce intervention by a human individual at the controller’s, to put forward your own opinion and to contest the decision.

7.10. Right to complain with a supervisory authority

If you believe that processing of personal data relating to yourself is in breach of the GDPR, you have the right in accordance with art. 77 GDPR to lodge a complaint with a supervisory authority, particularly in the EU member state you, your place of work or the locale of the alleged infringement are in. In this case, the right of appeal exists with the Bayerische Landesbeauftragte für den Datenschutz (BayLfD).

The supervisory authority receiving the complaint will keep the appellant up to date on status and results of the complaint, including on recourse to judicial remedies as per art. 78 GDPR.

 

8. Transferal of personal data to third parties

Your personal data will be transferred to Advantic Systemhaus GmbH, Gutenbergstrasse 15, 23566 Lübeck, which acts as our processor. Advantic Systemhaus GmbH operates the server hosting our website and is the provider of iKiss, the content management system on which our website is technically based. In this context, Advantic Systemhaus GmbH’s responsibilities include, in particular, the maintenance and support of the content management system.

 

9. Timeliness

This statement of online data protection policy is effective beginning Oktober 29, 2020.
Latest version: Oktober 2020.

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