Thank you for your interest in our company. Data protection is especially high on the list of priorities for the management of PROVA Projecte. It is possible to use PROVA Projecte’s website without specifying any personal information; however, if a data subject wants to use special services provided by our company via our website, it may become necessary to process personal data. If it does become necessary to process personal data and there is no statutory basis for such processing, we generally obtain consent from the data subject.
As the party responsible for the processing, PROVA Projecte has implemented numerous technical and organizational measures to ensure that the protection of personal data processed through this website is complete. However, Internet-based data transmissions in general are subject to security vulnerabilities, meaning that absolute protection cannot be guaranteed. For this reason, every data subject may transfer personal data to us via alternative means, e.g. by telephone.
a) Personal data
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, by referring 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 said natural person.
b) Data subject
A data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether by automated means, such as collection, recording, organizing, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or any other form of making it available, synchronizing or combining, restricting, erasing, or destroying it.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting its processing in the future.
Profiling is any form of automated processing of personal data which consists of using personal data to evaluate certain personal aspects related to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, their economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
Pseudonymization is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and operational measures to ensure that the personal data cannot be attributed to an identified or identifiable natural person.
g) Controller or controller responsible for processing
Controller or controller responsible for processing is the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purpose and means of processing personal data; where the purpose and means of such processing are determined by European Union or Member State law, the controller or the specific criteria for its nomination may be stipulated by European Union or Member State law.
The processor is a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.
The recipient is a natural or legal person, public authority, agency, or other body to which personal data is disclosed, irrespective of whether it is a third party or not. However, public authorities which receive personal data within the scope of a specific inquiry in accordance with European Union or Member State law shall not be regarded as recipients.
j) Third parties
A third party is 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.
Consent by the data subject is any freely given, informed, and unambiguous indication of the data subject’s wishes for each specific case by which he or she, through a statement or through other clear corroborative action, signifies that he or she agrees to the processing of his or her personal data.
2. Name and address of the controller
Controller for the purpose of the General Data Protection Regulation, other data protection laws effective in Member States of the European Union and other regulations related to data protection is:
c/o aufBruch - KUNST GEFÄNGNIS STADT
By storing cookies, PROVA Projecte can provide user-friendly services to its website visitors which would otherwise not be possible.
The data subject may at any time prevent cookie files from being created by our website by changing the cookie settings in their browsers to permanently disable them. Furthermore, they can delete cookies already stored in a browser or other software programs. This can be carried out on all popular browsers. If the data subject disables cookies on their browser, they may deactivate certain functions on our website.
4. Collection of general data and information
Every time a data subject or an automated system visits the website, PROVA Projecte collects a series of general data and information. This general data and information is stored on the server’s log files. The following may be collected: (1) types of browsers and versions used, (2) the operating system used by the accessing system, (3) the address of the website from which the accessing system accessed our website (so-called HTTP referrers), (4) the subsites that the accessing system accesses on our website, (5) the date and time that the website is accessed, (6) and Internet protocol address (IP address), (7) the accessing system’s Internet service provider, and (8) other similar data and information that serve to avert attacks on our information technology systems.
PROVA Projecte does not make any inferences regarding data subjects when utilizing this general data and information. Rather, the information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website and our ads, (3) ensure the long-time viability of our information technology systems and website technology, and (4) provide law enforcement agencies with information necessary for criminal prosecution in case of cyberattacks. PROVA Projecte statistically analyzes this anonymously collected data and information with the goal of strengthening our company’s data protection and security and ensuring the highest level of security for the personal data we process. Anonymous data on the server log files is stored separately from all personal data provided by the data subject.
5. Subscribing to our newsletters (formular)
On our website, users are given the opportunity to subscribe to one or more newsletters. We use the newsletter system kulturkurier.de by data kulturlink ag (Berlin). The so-called closed-loop authentication process is used in compliance with the law and data privacy. The potential recipient first receives an e-mail with a confirmation link. The address is not added to the mailing list until confirmation takes place. You can terminate storage of your data and the use of your e-mail address for distribution via the “unsubscribe link” found at the end of each newsletter. You can find more information here: http://hilfe.kulturkurier.de/kulturnewsletter/
The personal information that is transferred to the controller for processing when you subscribe to the newsletter is taken from the form used.
Furthermore, when subscribing to the newsletter, we store the IP address assigned by the Internet service provider (ISP) of the data subject’s computer at the time of the registration, as well as the date and time. Collection of this data is necessary to reconstruct any (possible) misuse of the data subject’s e-mail address at a later date and thereby serves to legally protect the controller.
The personal data collected as part of newsletter subscriptions is used solely to send our newsletter. Furthermore, subscribers to the newsletter will be informed if the operation of the newsletter service or another registration is required in this regard, such as any changes in the newsletter service or any technical changes. No personal data collected within the framework of the newsletter services will be transferred to third parties.
To track open and click-through rates, we use so-called tracking codes in the newsletter (but not in system e-mails for subscribing and unsubscribing) to record newsletter openings and clicked-on links. This data is collected in a pseudonymized storage where we replace all personal data (such as e-mail addresses) with numbers (pseudonyms). In this manner, we do not store personal data together with usage data such as opening newsletters or clicking on links. In addition, we ensure that this data cannot be merged at a later date. If you as the receiver would like to prohibit pseudonymized tracking, you can remove yourself from the list using the opt-out link at the end of every newsletter
6. Contact options via the website
Due to statutory provisions, the PROVA Projecte website contains information that allows you to contact our company quickly by electronic means and communicate directly with us, as well as a so-called e-mail address. If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Personal data transmitted in such a manner on a voluntary basis by a data subject to the data controller is stored for the purpose of processing or contacting the data subject. This personal data is not transmitted to third parties.
7. Routine deletion and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the storage purpose, or as long as required by European legislation or other legislative bodies as stated in laws and regulations to which the controller is subject.
If the storage purpose no longer applies, or if the storage period stipulated by European legislative bodies or other legislative bodies with jurisdiction expires, personal data shall be blocked or deleted as a matter of routine pursuant to statutory provisions.
8. Rights of the data subject
a) Right of confirmation
Every data subject affected by the processing of his or her personal data has the right, granted by the European legislative authorities, to obtain confirmation from the controller regarding whether or not their personal data is being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may contact an employee of the controller at any time.
b) Right of access
Every data subject affected by the processing of his or her personal data has the right, granted by the European legislative authorities, to obtain from the controller, for free, information regarding the personal data stored about him or her at any time and be given a copy of this information. Furthermore, European laws and regulations grant the data subject access to the following information:
Furthermore, the data subject shall have a right to obtain information regarding whether his or her personal data is transmitted to a third country or to an international organization. If this is the case, the data subject has the right to be informed of appropriate safeguards related to the transmission.
If a data subject wishes to avail himself or herself of this right of confirmation, he or she may contact an employee of the controller at any time.
c) Right to rectification
Every data subject affected by the processing of his or her personal data has the right, granted by the European legislative authorities, to demand that incorrect personal data be rectified immediately. Furthermore, the data subject has the right, in due consideration of the purpose of the processing, to demand that incomplete personal data is rectified, including by means of a supplemental statement.
If a data subject wishes to avail himself or herself of this right to rectification, he or she may contact an employee of the controller at any time.
d) Right to erasure (right to be forgotten)
Every data subject affected by the processing of his or her personal data has the right, granted by the European legislative authorities, to demand that the controller erase his or her personal data without delay where one of the following grounds apply and insofar as processing is not necessary:
The personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
The data subject withdraws consent upon which the processing is based pursuant to Article 6(1)(a) of the GDPR, or Article 9(2)(a) of the GDPR, and where no other legal basis for the processing exists.
The data subject files an objection to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for processing the data, or the data subject files an objection to the processing pursuant to Article 21(2) of the GDPR.
The personal data was processed unlawfully.
The personal data must be erased in compliance with a legal obligation in accordance with European Union or the Member State law to which the controller is subject.
The personal data was collected in relationship to services provided by the information society referred to in Article 8(1) of the GDPR.
If one of the aforementioned grounds apply and the data subject wishes to request the erasure of his or her personal data stored by PROVA Projecte, he or she may contact an employee of the controller at any time. The employee of PROVA Projecte shall ensure that the erasure request is carried out promptly.
If the personal data has been made public by PROVA Projecte and the company is obligated to erase said personal data pursuant to Art. 17(1) of the GDPR, PROVA Projecte shall take reasonable steps, while taking into consideration the technology available and the cost of implementation, including technical measures, to inform other controllers processing the public personal data that the data subject has requested that said controllers erase any links to, or copies or replications of said personal data insofar as processing is not required. The employee of PROVA Projecte will arrange the necessary measures in individual cases.
e) Right of restricting processing
Every data subject affected by the processing of his or her personal data has the right, granted by the European legislative authorities, to restrict processing where one of the following grounds applies:
The accuracy of the personal data is contested by the data subject; the data is restricted for the time it takes the controller to verify the accuracy of the personal data.
Processing the data is unlawful, and the data subject declines to have the personal data erased and instead requests that the use of the personal data be restricted.
The controller no longer needs the personal data for processing purposes, but the data subject needs it to establish, exercise, or defend legal claims.
The data subject files an objection to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned grounds apply and the data subject wishes to restrict his or her personal data stored by PROVA Projecte, he or she may contact an employee of the controller at any time. The employee of PROVA Projecte will arrange to restrict the processing.
f) Right to data portability
Every data subject affected by the processing of his or her personal data has the right, granted by the European legislative authorities, to receive personal data related to him or her which was provided to a controller in a structured, commonly-used, machine-readable format. In addition, he or she has the right to transmit said data to another controller without obstruction by the controller to whom said personal data has been made available as long as the processing is based on compliance pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or in a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means. This 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.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
To assert the right to data portability, the data subject may at any time contact any employee of PROVA Projecte.
g) Right to object
Every data subject affected by the processing of his or her personal data has the right, granted by the European legislative authorities, to object at any time on grounds relating to his or her individual situation to processing personal data concerning him or her which is based on points (e) or (f) of Article 6 of the GDPR, including profiling based on those provisions.
If an objection is filed, PROVA Projecte shall no longer process personal data unless we can demonstrate compelling legitimate grounds for said processing which override the interests, rights, and freedoms of the data subject, or said processing serves to establish, exercise, or defend legal claims.
If PROVA Projecte processes personal data for direct marketing purposes, the data subject has the right to object at any time to processing personal data concerning him or her for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to processing by PROVA Projecte which is used for direct marketing purposes, PROVA Projecte shall no longer process said personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her individual situation, to object to processing personal data concerning him or her by PROVA Projecte for the purpose of scientific or historical research, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right to object, the data subject may contact any employee of PROVA Projecte or another employee. In addition, the data subject is free to apply his or her right to object via automated means that utilize technical specifications in conjunction with the use of information society services irrespective of Directive 2002/58/EC.
h) Automated individual decision-making, including profiling
Every data subject affected by the processing of his or her personal data has the right, granted by the European legislative authorities, not to be subject to a decision based solely on automated processing, including profiling, which generates legal consequences for him or her, or that similarly significantly affects him or her, as long as the decision (1) is not necessary for entering into or the performance of a contract between the data subject and the controller, or (2) is not authorized by European Union or the 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 interest, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into or the performance of a contract between the data subject and the controller, or (2) it is based on the data subject’s explicit consent, PROVA Projecte shall implement suitable measures to safeguard the data subject’s rights, freedoms, and legitimate interests, which includes at the very 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.
If the data subject wishes to exercise his or her rights regarding automated individual decision-making, he or she may, at any time, contact an employee of the controller.
i) Right to withdraw data protection consent
Every data subject affected by the processing of his or her personal data has the right, granted by the European legislative authorities, to withdraw his or her consent to processing his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact an employee of the controller.
9. Data protection for applications and the application process
The data controller shall collect and process the personal data of applicants for the purpose of carrying out application procedures. Processing may be carried out electronically. This applies in particular if the applicant submits the corresponding application documents to the controller electronically, such as via e-mail or a web form found on the website. If the data controller enters into an employment contract with an applicant, the data submitted will be stored for the purpose of processing the employment relationship in compliance with statutory provisions. If the controller does not enter into an employment contract with the applicant, the application documents will be deleted automatically two months after the applicant has been notified of the rejection decision, provided that this does not conflict with any other legitimate interests of the controller. A legitimate interest in this case is, for example, the burden of proof in a lawsuit according to the German General Equal Treatment Act (AGG).
10. Legal basis for processing
Article 6(1)(a) of the GDPR serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary to supply goods or to provide any other services, said processing is based on Article 6(1)(b) of the GDPR. The same applies to processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. If our company is subject to a legal obligation by which processing of personal data is required, such as to fulfill tax obligations, the processing is based on Art. 6(1)(c) of the GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured at our company and his or her name, age, health insurance data, or other vital information must be relayed to a doctor, hospital or other third party. In such cases, processing would be based on Art. 6(1)(d) of the GDPR. Finally, processing operations may be based on Article 6(1)(f) of the GDPR. This legal basis is used for processing operations which are not covered by any of the above-mentioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. These processing operations, in particular, are permissible because they have been specifically mentioned by the European legislative authorities. It argued that a legitimate interest may is presumed if the data subject is a client or in the service of the controller (Recital 47, sentence 2 of the GDPR).
11. Legitimate interests in processing pursued by the controller or a third party
Where the processing of personal data is based on Article 6 (1)(f) of the GDPR, our legitimate interest is to carry out our business for the benefit of the welfare of all our employees and shareholders.
12. Period for which the personal data is stored
The criteria used to determine the length of time that personal data is stored is the respective statutory retention period. After this period expires, the relevant data is routinely deleted, provided it is no longer needed to execute or initiate a contract.
13. Legal and contractual regulations for providing personal data; Requirements needed to enter into contracts; Obligation of the data subject to provide personal data; Potential consequences of failing to provide said data
We hereby inform you that providing personal data is in part mandated by law (e.g. tax regulations) or may result from contract provisions (e.g. information about the contract partner). Occasionally, it may be necessary for the data subject to provide us with personal information to conclude a contract which must subsequently be processed by us. For example, the data subject is obligated to provide us with personal data if our company enters into a contract with the data subject. If the data subject does not provide the personal data, the contract will not be signed. The data subject must contact one of our employees before providing personal data. Our employee shall inform the data subject on an individual basis whether the personal data is mandated by law or by contract, and whether said data is needed to conclude the contract, whether the data subject is obligated to provide the personal data, and what the consequences of failing to provide said personal data would be.