Privacy Policy
We hereby inform you in accordance with the legal provisions of data protection law (in particular, the new version of the BDSG and the European General Data Protection Regulation, ‘GDPR’) about the type, scope, and purpose of the processing of personal data by our company. This Privacy Policy also applies to our websites and social media profiles. For definitions of terms such as “personal data” or “processing,” we refer to Article 4 of the GDPR.
Name and Contact Details of the Controller
Our controller (hereinafter referred to as “Controller”) within the meaning of Article 4(7) GDPR is:
Alliance for Festivals of Independent Dance and Theatre Artists Hamburg e.V.
c/o Ksenia Ravvina and Alexandar Hadjiev
Wartenau 16
22089 Hamburg
Register Court: Hamburg District Court
Email Address: info@fringify.hamburg
Types of Data, Purposes of Processing, and Categories of Data Subjects
Below, we inform you about the type, scope, and purpose of the collection, processing, and use of personal data.
- Types of data we process
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Purposes of processing according to Article 13(1)(c) GDPR: improve user experience, provide websites with functions and content.
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Categories of data subjects according to Article 13(1)(e) GDPR: visitors/users of the website.
The affected individuals are collectively referred to as “users.”
Legal bases for the processing of personal data
Below, we inform you about the legal bases for the processing of personal data:
If we have obtained your consent for the processing of personal data, Article 6(1) sentence 1 lit. a) GDPR serves as the legal basis. If the processing is necessary for the performance of a contract or for pre-contractual measures initiated at your request, Article 6(1) sentence 1 lit. b) GDPR serves as the legal basis. If the processing is necessary for compliance with a legal obligation to which we are subject (e.g., statutory retention obligations), Article 6(1) sentence 1 lit. c) GDPR serves as the legal basis. If the processing is necessary to protect the vital interests of the data subject or another natural person, Article 6(1) sentence 1 lit. d) GDPR serves as the legal basis. If the processing is necessary for the purposes of legitimate interests pursued by us or a third party, and your interests or fundamental rights and freedoms do not override these, Article 6(1) sentence 1 lit. f) GDPR serves as the legal basis.
Transfer of personal data to third parties and processors.
We generally do not share data with third parties without your consent. If such sharing does occur, it is based on the aforementioned legal bases, for example, in cases of sharing data with online payment providers for contract fulfillment, due to a court order, or because of a legal obligation to disclose the data for purposes of law enforcement, hazard prevention, or enforcement of intellectual property rights.
We also use processors (external service providers, e.g., for hosting our websites and databases) to process your data. When data is shared with processors under a data processing agreement, it is always done in accordance with Article 28 GDPR. We carefully select our processors, regularly review them, and have secured a right to issue instructions regarding the data. Additionally, the processors must have implemented appropriate technical and organizational measures and comply with the data protection regulations according to the BDSG n.F. and GDPR.
Data transfer to third countries
The adoption of the European General Data Protection Regulation (GDPR) established a uniform basis for data protection across Europe. Your data is therefore primarily processed by companies to which the GDPR applies. If processing is carried out by third-party services outside the European Union or the European Economic Area, these entities must meet the special requirements of Articles 44 et seq. GDPR. This means processing takes place based on specific safeguards, such as an officially recognized adequacy decision by the EU Commission ensuring a data protection level equivalent to that of the EU, or compliance with officially recognized special contractual obligations known as “Standard Contractual Clauses.” For U.S. companies, compliance with the so-called “Privacy Shield,” the data protection agreement between the EU and the U.S., fulfills these requirements.
Deletion of Data and Retention Period
Unless expressly stated otherwise in this privacy policy, your personal data will be deleted or blocked as soon as the purpose for its storage no longer applies, unless its further retention is required for evidentiary purposes or statutory retention obligations prevent this. Such obligations include, for example, commercial law retention obligations for business correspondence under Section 257(1) of the German Commercial Code (HGB) (6 years) and tax law retention obligations for records under Section 147(1) of the German Tax Code (AO) (10 years). Once the prescribed retention period expires, your data will be blocked or deleted unless its continued storage is necessary for the conclusion or fulfillment of a contract.
Existence of automated decision-making
We do not use automated decision-making or profiling.
Provision of our website and creation of log files
If you use our website for informational purposes only (i.e., without registration or any other transmission of information), we collect only the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data:
- IP address;
- Internet service provider of the user;
- Date and time of access;
- Browser type;
- Language and browser version;
- Content of the request;
- Time zone;
- Access status/HTTP status code;
- Data volume;
- Websites from which the request originates;
- Operating system.
This data is not stored together with any other personal data of yours.
This data is used to ensure the user-friendly, functional, and secure delivery of our website to you, along with its features and content, as well as for its optimization and statistical analysis. The legal basis for this is our legitimate interest in data processing for the aforementioned purposes, pursuant to Article 6(1) sentence 1 lit. f) GDPR. For security reasons, we store this data in server log files for a retention period of [insert number] days. After this period, the data is automatically deleted unless its retention is required as evidence in cases of attacks on the server infrastructure or other legal violations.
Cookies
We use so-called cookies when you visit our website. Cookies are small text files that your internet browser places and stores on your computer. When you visit our website again, these cookies provide information to automatically recognize you. The information obtained in this way is used to technically and economically optimize our web offerings and to provide you with easier and more secure access to our website. We inform you about the use of cookies for the purposes mentioned above through a notice in our privacy policy when you visit our website, and how you can object to or prevent their storage (“opt-out”). Our website uses session cookies, persistent cookies, and third-party cookies: • Session Cookies: We use cookies to recognize repeated use of an offer by the same user (e.g., when you are logged in, to determine your login status). When you revisit our site, these cookies provide information to automatically recognize you. The information obtained in this way is used to optimize our offerings and make it easier for you to access our site. Session cookies are deleted when you close the browser or log out. • Persistent Cookies: These cookies are automatically deleted after a specified duration, which may vary depending on the cookie. You can delete cookies at any time through your browser’s security settings. • Third-Party Cookies: According to your preferences, you can configure your browser settings to reject the acceptance of third-party cookies or all cookies. However, we advise you that by doing so, you may not be able to use all features of this website. Please read more about these cookies in the respective privacy policies of the third-party providers.
The legal basis for this processing is Article 6(1) sentence 1 lit. b) GDPR if the cookies are set for contract initiation, such as during orders. Otherwise, we have a legitimate interest in the effective functionality of the website, making Article 6(1) sentence 1 lit. f) GDPR the legal basis in such cases.
Objection and “Opt-Out”:
You can generally prevent cookies from being stored on your hard drive by selecting “do not accept cookies” in your browser settings. However, this may result in limited functionality of our offerings. You can object to the use of third-party cookies for advertising purposes via an “opt-out” on the following websites:
American website (https://optout.aboutads.info)
European website (http://www.youronlinechoices.com/de/praferenzmanagement/)
Contact via Contact Form / Email / Fax / Mail
When you contact us via contact form, fax, mail, or email, your details are processed for the purpose of handling your inquiry. The legal basis for data processing is Article 6(1) sentence 1 lit. a) GDPR if you have given your consent. The legal basis for processing data transmitted during a contact inquiry, email, letter, or fax is Article 6(1) sentence 1 lit. f) GDPR. The data controller has a legitimate interest in processing and storing the data to respond to user inquiries, for evidence purposes due to liability reasons, and to fulfill legal retention obligations for business correspondence, if applicable. If the contact is aimed at concluding a contract, the additional legal basis for processing is Article 6(1) sentence 1 lit. b) GDPR.
We may store your details and contact inquiry in our Customer Relationship Management (CRM) system or a similar system. The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For personal data from the input fields of the contact form and those sent via email, this is the case when the respective conversation with you has ended. The conversation is deemed ended when the circumstances indicate that the matter in question has been conclusively resolved.
Inquiries from users who have an account or contract with us are stored until two years after the termination of the contract. In the case of legal archiving obligations, the data is deleted after their expiration: six years for commercial law retention and ten years for tax law retention obligations.
You may withdraw your consent under Article 6(1) sentence 1 lit. a) GDPR for the processing of personal data at any time. If you contact us via email, you may object to the storage of your personal data at any time.
YouTube-Videos
We have embedded YouTube videos from youtube.com on our website using the embedded function, allowing them to be accessed directly from our website. YouTube is part of Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94043, USA, with its EU branch located at Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland.
We have embedded the videos using the “enhanced data protection mode,” which prevents cookies from tracking user behavior to personalize video playback. Instead, video recommendations are based solely on the currently played video. Videos played in embedded players under the enhanced data protection mode do not affect the recommendations you receive on YouTube.
When starting a video (clicking on the video), YouTube receives the information that you have accessed the corresponding subpage of our website. The collected data is transmitted to and stored in the USA, even without a Google user account. If you are logged into your Google account, Google may associate this data with your account. To avoid this, you must log out of your Google account.
Google creates user profiles from such data and uses it for advertising, market research, or website optimization. The legal basis for this is our legitimate interest in data processing as described above, in accordance with Article 6(1) sentence 1 lit. f) GDPR. You have the right to object to the creation of user profiles by Google. To do so, please contact Google directly via the privacy policy linked below.
You can opt out of advertising cookies in your Google account here: https://adssettings.google.com/authenticated. Additional information about Google’s cookie usage and advertising technologies, retention periods, anonymization, location data, functionality, and your rights can be found in YouTube’s terms of use at https://www.youtube.com/t/terms and Google’s advertising privacy policy at https://policies.google.com/technologies/ads.
Google’s general privacy policy: https://policies.google.com/privacy. Google is certified under the EU-US Privacy Shield (https://www.privacyshield.gov/EU-US-Framework) and is therefore obligated to comply with European data protection laws.
Google Maps
We have integrated maps from “Google Maps” (Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94043, USA, EU branch: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland) on our website. This allows us to display the location of addresses and provide directions directly on our website using interactive maps, enabling you to utilize this tool.
When accessing our website where Google Maps is integrated, a connection is established to Google’s servers in the USA. Your IP address and location may be transmitted to Google. Additionally, Google receives information that you have accessed the respective page. This occurs even if you do not have a Google account. If you are logged into your Google account, Google may associate this data with your account. To avoid this, you need to log out of your Google account.
Google creates user profiles from such data and uses it for advertising, market research, or website optimization purposes. The legal basis for this is our legitimate interest in data processing, as described above, in accordance with Article 6(1) sentence 1 lit. f) GDPR. You have the right to object to the creation of user profiles by Google. To do so, please contact Google directly via the privacy policy linked below.
You can opt out of advertising cookies in your Google account here: https://adssettings.google.com/authenticated. Additional information about Google’s use of cookies and advertising technologies, retention periods, anonymization, location data, functionality, and your rights can be found in the Google Maps Terms of Use at https://www.google.com/intl/de_de/help/terms_maps.html and Google’s Advertising Privacy Policy at https://policies.google.com/technologies/ads.
Google’s general privacy policy: https://policies.google.com/privacy. Google is certified under the EU-US Privacy Shield (https://www.privacyshield.gov/EU-US-Framework) and is therefore obligated to comply with European data protection laws.
Presence on Social Media
We maintain profiles or fan pages on social media platforms to communicate with connected and registered users and to inform them about our products, offers, and services. U.S.-based providers are certified under the Privacy Shield and are therefore obligated to comply with European data protection laws.
When you use and access our profile on a particular network, the privacy notices and terms of use of that respective network apply. We process the data you send us through these networks to communicate with you and respond to your messages there. The legal basis for processing personal data is our legitimate interest in communicating with users and our public representation for advertising purposes, in accordance with Article 6(1) sentence 1 lit. f) GDPR. If you have given consent to the respective social network provider for the processing of your personal data, the legal basis is Article 6(1) sentence 1 lit. a) and Article 7 GDPR.
Privacy policies, information, and opt-out options for the respective networks can be found here:
Facebook (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland)
Privacy Policy: https://www.facebook.com/about/privacy/
Opt-Out: https://www.facebook.com/settings?tab=ads and http://www.youronlinechoices.com
Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active
Instagram (Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA)
Privacy Policy/Opt-Out: http://instagram.com/about/legal/privacy/
Twitter (Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA)
Privacy Policy: https://twitter.com/de/privacy
Opt-Out: https://twitter.com/personalization
Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active
Rights of the Data Subject
Objection or Withdrawal of Consent to Data Processing
If the processing is based on your consent under Article 6(1) sentence 1 lit. a) and Article 7 GDPR, you have the right to withdraw your consent at any time. The withdrawal of consent does not affect the lawfulness of processing carried out based on consent before its withdrawal.
If we base the processing of your personal data on a legitimate interest under Article 6(1) sentence 1 lit. f) GDPR, you have the right to object to the processing. This applies particularly if the processing is not necessary for fulfilling a contract with you, as described in the relevant sections of this privacy policy. When exercising such an objection, please provide reasons why we should not process your personal data as conducted by us. In the event of a justified objection, we will review the situation and either stop or adjust the data processing or demonstrate compelling legitimate grounds for continuing the processing.
You may object to the processing of your personal data for advertising and data analysis purposes at any time. You can exercise the right to object free of charge. You can inform us about your objection to advertising as follows:
Contact Information:
Susanne Schuste c/o DfdK Hamburg e.V. Wartenau 16 22089 Hamburg
Registration Court: District Court of Hamburg
E-mail: alle@hauptsachefrei.de
Right of Access
You have the right to request confirmation from us as to whether personal data concerning you is being processed. If this is the case, you have the right to access your personal data stored by us under Article 15 GDPR. This includes information on the purposes of processing, the categories of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage duration, and the origin of your data, if it was not collected directly from you.
Right to Rectification
You have the right to have inaccurate data corrected or to have incomplete data completed under Article 16 GDPR.
Right to Erasure
You have the right to have your data stored with us deleted under Article 17 GDPR unless legal or contractual retention obligations or other legal duties or rights to further storage contradict this.
Right to Restriction of Processing
You have the right to request a restriction on the processing of your personal data if one of the conditions in Article 18(1) lit. a) to d) GDPR is met:
- If you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
- the processing is unlawful, and you oppose the erasure of the personal data and instead request the restriction of its use;
- the controller no longer needs the personal data for processing purposes, but you require it for the establishment, exercise, or defense of legal claims, or
- if you have objected to the processing pursuant to Article 21(1) GDPR and it has not yet been determined whether the legitimate grounds of the controller outweigh your grounds.
Right to Data Portability
You have the right to data portability under Article 20 GDPR, meaning you can receive the personal data stored by us concerning you in a structured, commonly used, and machine-readable format or request its transfer to another controller.
Right to Lodge a Complaint
You have the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority in the Member State of your residence, workplace, or the place of the alleged infringement.
As of: May 9, 2024
Source: Sample Privacy Policy from JuraForum.de