This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within the framework of the provision of our services as well as within our online offer and the websites, functions and contents connected with it as well as external online presences, such as our Social Media Profile (hereinafter referred to collectively as "online offer"). With regard to the terms used, e.g. "processing" or "responsible person", we refer to the definitions in Art. 4 of the Basic Data Protection Regulation (DSGVO). Translated with www.DeepL.com/Translator (free version)
Municipal Museum Schloss Rheydt
Dr. Karlheinz Wiegmann
Types of data processed
- inventory data (e.g., personal master data, names or addresses).
- Contact details (e.g., e-mail, telephone numbers).
- Content data (e.g., text entries, photographs, videos).
- Usage data (e.g., websites 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 (in the following we refer to the persons concerned collectively also as "users").
Purpose of processing
- Provision of the online offer, its functions and contents.
- Responding to contact requests and communication with users.
- Safety measures.
- Reach Measurement/Marketing
“Personal data” refers to all information relating to an identified or identifiable natural person (hereinafter “data subject”); a natural person is regarded as identifiable, if he/she can be directly or indirectly identified, especially by means of association with an identifier such as a name, with an identification number, with location data, with an online identifier (e.g. cookies) or with one or several special features reflecting the physical, physiological, genetic, psychological, economic, cultural, or social identity of that natural person.
"Processing" means any operation carried out with or without the aid of automated procedures or any such series of operations in connection with personal data. The term is broad and covers virtually every aspect of dealing with data
"Pseudonymisation" means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without additional information, provided that this additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data are not attributed to an identified or an identifiable natural person.
"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.
"Data controller" refers to the natural or legal person, public authority, agency, or any other body that alone or jointly with others determines the purposes and means of the processing of personal data.
A "processor " is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the data controller.
Applicable legal bases
In accordance with art. 13 GDPR, we inform you of the legal basis of our data processing. For users within the scope of the General Data Protection Regulation (GDPR), i.e. the EU and the EEC, as long as the legal basis in the data protection declaration is not mentioned, the following applies:
The legal basis for obtaining consent is art. 6 para. 1 (a) and art. 7 GDPR
The legal basis for processing for the fulfilment of our services and the execution of contractual measures as well as for replying to enquiries is art. 6 para. 1 (b) GDPR
The legal basis for processing to fulfil our legal obligations is art. 6 para. 1 (c) GDPR
In the event that vital interests of the data subject or another natural person require processing of personal data, art. 6 para. 1 (d) GDPR applies as the legal basis.
The legal basis for the processing required to carry out a task in the public interest or in the exercise of official authority which has been entrusted to the controller is article 6 para. 1 (e) GDPR.
The legal basis for processing to protect our legitimate interests is art. 6 para. 1 (f) GDPR.
The processing of data for purposes other than those for which they were collected is determined in accordance with art. 6 para. 4 GDPR.
The processing of special categories of data (in accordance with art. 9 para. 1 GDPR) is determined in accordance with the provisions of art. 9 para. 2 GDPR.
In accordance with legal requirements, we take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk, taking into account current technology, implementation costs, the nature, scope, context and purposes of processing, and the varying likelihood and severity of the risk to the rights and freedoms of natural persons.
The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, transmission, security of availability and its separation. Furthermore, we have established procedures that guarantee the exercise of data subjects' rights, deletion of data, and reaction to data risks. In addition, we take the protection of personal data into account as early as the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly defaults.
Collaboration with processors, mutually responsible persons and third parties
If, in the context of our processing, we disclose data to other persons and companies (processors, mutually responsible persons or third parties), transmit it to them or otherwise grant access to the data, this will only be done on the basis of a legal permission (e.g. if the data has been transmitted to third parties, such as payment service providers, to fulfil the contract), users have consented to a legal obligation to do so or on the basis of our legitimate interests (e.g. the use of agents, web hosters, etc.).
Insofar as we disclose data to other companies in our group, convey it or otherwise grant access to it, this is done in particular for administrative purposes as a legitimate interest and, moreover, on a basis that complies with the legal requirements.
Übermittlungen in Drittländer
If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA) or the Swiss Confederation) or in the context of the use of third party services or disclosure, or transmission of data to other persons or companies, this will only happen if it is to fulfil our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Except as expressly provided or required by law, we process or disclose the data only in third countries with a recognised level of privacy, including those certified under the Privacy Shield, or on the basis of specific warranties, such as contractual obligations under so-called standard safeguards of the EU Commission, the existence of certifications or binding internal data protection regulations (articles 44 to 49 GDPR, information page of the European Commission).).
Rights of data subjects
You have the right to request confirmation as to whether the data in question is being processed and for information about this data as well as for further information and copying of the data in accordance with legal requirements.
In accordance with the law, you have the right to request the completion of the data concerning you or the correction of incorrect data concerning you.
In accordance with the statutory provisions, you have the right to demand that the relevant data be deleted immediately, or alternatively to demand a restriction of the processing of the data in accordance with the statutory provisions.
You have the right to request the data concerning you that you have provided to us in accordance with art. 20 GDPR and to request its transmission to other controllers.
You also have the right, in accordance with the statutory provisions, to submit a complaint to the competent supervisory authority.
Right to cancel/revoke orders
You have the right to withdraw granted consent with effect for the future.
Right of objection
You can object to the future processing of data concerning you in accordance with the legal requirements at any time. The objection may in particular be made against processing for the purposes of direct advertising.
Cookies and right of objection for direct advertising
Cookies" are small files that are stored on the user's computer. 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 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 browser. In such a cookie, for example, the contents of a shopping cart in an online shop or a login status can be stored. Cookies are described as "permanent" or "persistent" if they remain stored even after the browser is closed. For example, the login status can be saved if the user visits it after several days. Likewise, the interests of the users can be stored in such a cookie, which are used for range measurement or marketing purposes. Third-party cookies" are cookies that are offered by providers other than the person responsible for the online offer (otherwise, if it is only their cookies, it is called "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 their processing in accordance with the legal requirements. Unless expressly stated in 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 storage obligations.
Unless the data are deleted because they are required for other and legally permissible purposes, their processing is restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
Users can create a user account. As part of the registration process, the required mandatory data is provided to the users and processed on the basis of Art. 6 para. 1 lit. b DSGVO for the purposes of providing the user account. The processed data includes in particular the login information (name, password and an e-mail address). The data entered during registration is used for the purposes of the use of the user account and its purpose.
Users can be informed by e-mail about information relevant to their user account, such as technical changes. If users have cancelled their user account, their data with regard to the user account will be deleted, subject to a legal obligation to keep records. It is the responsibility of users to save their data before the end of the contract if they have terminated their user account. We are entitled to irretrievably delete all user data stored during the contract period.
We store the IP address and the time of the respective user's activity as part of the use of our registration and login functions, as well as the use of the user account. This data is stored on the basis of our legitimate interests, and to protect the user against misuse and other unauthorised use. A passing on of this data to third parties does not take place in principle, unless it is necessary for the pursuit of our claims or there is a legal obligation in accordance with Art. 6 para. 1 (c) of the GDPR. IP addresses are anonymised or deleted after 7 days at the latest.
Comments and posts
If users leave comments or other posts, their IP addresses can be stored for 7 days on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR. This takes place for our security, in case someone leaves illegal contents in comments and posts (abuse, forbidden political propaganda, etc.). In this case, we ourselves could be prosecuted for the comment or post and are therefore interested in the identity of the author.
Furthermore, we reserve the right, on the basis of our legitimate interests pursuant to art. 6 para. 1 lit. f. GDPR, to process user information for the purpose of spam detection.
Any information provided in the comments and contributions of the person, any contact and website information as well as the content, are stored by us indefinitely unless the user requests the information to be deleted.
Users can subscribe to the follow-up comments with their consent in accordance with Art. 6 para. 1 lit. a DSGVO. Users will receive a confirmation e-mail to check whether they are the owner of the e-mail address entered. Users can unsubscribe from ongoing commentary subscriptions at any time. The confirmation e-mail will contain information on the cancellation options. For the purpose of proving users' consent, we store the time of registration together with the users' IP address and delete this information when users unsubscribe from the subscription.
You can cancel the receipt of our subscription at any time, i.e. revoke your consent. We may store the unsubscribed e-mail addresses for up to three years on the basis of our legitimate interests before we delete them in order to be able to prove a previously given consent. 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 a consent is confirmed at the same time.
Our online offer uses the service "Akismet", which is offered by Automattic Inc., 60 29th Street #343, San Francisco, CA 94110, USA. The use is based on our legitimate interests in the sense of Art. 6 para. 1 lit. f) DSGVO. With the help of this service, comments from real people are distinguished from spam comments. For this purpose, all comment data is sent to a server in the USA, where it is analysed and stored for four days for comparison purposes. If a comment has been classified as spam, the data is stored beyond this period. This information includes the name entered, the email address, the IP address, the comment content, the referrer, information on the browser used and the computer system and the time of entry.
Users are welcome to use pseudonyms, or refrain from entering their name or email address. You can completely prevent the transmission of data by not using our comment system. That would be a pity, but unfortunately we do not see any other alternatives that work as effectively.
Hosting and email delivery
The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, e-mail dispatch, security services as well as technical maintenance services which we use for the purpose of operating this online offer.
Hereby, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta data and communication data of customers, potential customers and visitors to this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer according to art. 6 para. 1 lit. f GDPR in conjunction with art. 28 GDPR (fulfilment of order processing agreement).
Collection of access data and log files
We, or our hosting provider, collect data on the basis of our legitimate interests within the meaning of art. 6 para. 1 lit. f. GDPR regarding each access to the server on which this service is located (known as server log files). Access data includes the name of the requested website, file, date and time of access, amount of data transferred, report whether the site was successfully retrieved, browser type and version, the user's operating system, the referrer URL (the site visited before coming to our site), the user's IP address, and the requesting internet service provider.
Log file information is stored for a maximum of seven days for security reasons (e.g. to investigate misuse or fraud) and then deleted. Data which must be retained as potential evidence is not deleted until the relevant incident has been ultimately clarified.
Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate the use of our website by users, to compile reports on the activities within this website and to provide us with further services associated with the use of this website and the Internet. In doing so, pseudonymous user profiles of the users can be created from the processed data.
We only use Google Analytics with activated IP anonymisation. This means that the IP address of users is shortened by Google within member states of the European Union or in other states that are party to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transferred to a Google server in the USA and shortened there.
The IP address transmitted by the user's browser is not combined with other data from Google. Users can prevent the storage of cookies by adjusting their browser software accordingly; users can also prevent the collection of data generated by the cookie and related to their use of the online offer to Google and 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 personal data of users will be deleted or made anonymous after 14 months.
Social Media online presence
We maintain online presences within social networks and platforms in order to communicate with the customers, interested parties and users active there and to inform them about our services.
We point out that user data may be processed outside the European Union. This may result in risks for the users, because the enforcement of the users' rights could be made more difficult. With regard to US providers certified under the Privacy Shield, we would like to point out that they thereby undertake to comply with the data protection standards of the EU.
Furthermore, user data is generally processed for market research and advertising purposes. For example, user profiles can be created from the user behaviour and the resulting interests of the users. The user profiles can in turn be used, for example, to place advertisements within and outside the platforms that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the users' computers, in which the usage behaviour and interests of the users are stored. Furthermore, data may also be stored in the user profiles regardless of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).
The processing of users' personal data is based on our legitimate interest in effective information of users and communication with users in accordance with Art. 6, Paragraph 1, Letter f. DSGVO. If the users are asked by the respective providers of the platforms to give their consent to the aforementioned data processing, the legal basis for the processing is Art. 6 para. 1 lit. a., Art. 7 DSGVO.
For a detailed presentation of the respective processing and the possibilities of objection (opt-out), we refer to the following linked information of the providers.
Also in the case of requests for information and the assertion of user rights, we would like to point out that these can most effectively be asserted with the providers. Only the providers have access to the data of the users and can directly take appropriate measures and provide information. Should you nevertheless require assistance, you can contact us.
Created with Datenschutz-Generator.de by RA Dr Thomas Schwenke