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MALORT
Kreuzberg-Neukölln
Herzlichtgarten e.V.
Maria Vogler | Nana G. Mikolajczak
Hasenheide 93
10967 Berlin
info@malort-kreuzberg-neukoelln.de
Privacy Policy
We are very delighted
that you have shown interest in our enterprise. Data protection is of
a particularly high priority for the management of the MALORT
Kreuzberg-Neukölln. The use of the Internet pages of the MALORT
Kreuzberg-Neukölln is possible without any indication of personal
data; however, if a data subject wants to use special enterprise
services via our website, processing of personal data could become
necessary. If the processing of personal data is necessary and there
is no statutory basis for such processing, we generally obtain consent
from the data subject.
The processing of
personal data, such as the name, address, e-mail address, or telephone
number of a data subject shall always be in line with the General Data
Protection Regulation (GDPR), and in accordance with the
country-specific data protection regulations applicable to the MALORT
Kreuzberg-Neukölln. By means of this data protection declaration, our
enterprise would like to inform the general public of the nature,
scope, and purpose of the personal data we collect, use and process.
Furthermore, data subjects are informed, by means of this data
protection declaration, of the rights to which they are entitled.
As the controller,
the MALORT Kreuzberg-Neukölln has implemented numerous technical and
organizational measures to ensure the most complete protection of
personal data processed through this website. However, Internet-based
data transmissions may in principle have security gaps, so absolute
protection may not be guaranteed. For this reason, every data subject
is free to transfer personal data to us via alternative means, e.g. by
telephone.
1. Definitions
The data protection
declaration of the MALORT Kreuzberg-Neukölln is based on the terms
used by the European legislator for the adoption of the General Data
Protection Regulation (GDPR). Our data protection declaration should
be legible and understandable for the general public, as well as our
customers and business partners. To ensure this, we would like to
first explain the terminology used.
In this data
protection declaration, we use, inter alia, the following terms:
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a)
Personal data
Personal data
means any information relating to an identified or identifiable
natural person (“data subject”). An identifiable natural
person is one who can be identified, directly or indirectly, in
particular by reference to an identifier such as a name, an
identification number, location data, an online identifier or to
one or more factors specific to the physical, physiological,
genetic, mental, economic, cultural or social identity of that
natural person.
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b) Data subject
Data subject is
any identified or identifiable natural person, whose personal data
is processed by the controller responsible for the processing.
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c)
Processing
Processing is any
operation or set of operations which is performed on personal data
or on sets of personal data, whether or not by automated means,
such as collection, recording, organisation, structuring, storage,
adaptation or alteration, retrieval, consultation, use, disclosure
by transmission, dissemination or otherwise making available,
alignment or combination, restriction, erasure or destruction.
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d)
Restriction of processing
Restriction of
processing is the marking of stored personal data with the aim of
limiting their processing in the future.
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e)
Profiling
Profiling means
any form of automated processing of personal data consisting of
the use of personal data to evaluate certain personal aspects
relating to a natural person, in particular to analyse or predict
aspects concerning that natural person's performance at work,
economic situation, health, personal preferences, interests,
reliability, behaviour, location or movements.
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f)
Pseudonymisation
Pseudonymisation
is the processing of personal data in such a manner that the
personal data can no longer be attributed to a specific data
subject without the use of additional information, provided that
such additional information is kept separately and is subject to
technical and organisational measures to ensure that the personal
data are not attributed to an identified or identifiable natural
person.
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g)
Controller or controller responsible for the processing
Controller or
controller responsible for the processing is the natural or legal
person, public authority, agency or other body which, alone or
jointly with others, determines the purposes and means of the
processing of personal data; where the purposes and means of such
processing are determined by Union or Member State law, the
controller or the specific criteria for its nomination may be
provided for by Union or Member State law.
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h)
Processor
Processor is a
natural or legal person, public authority, agency or other body
which processes personal data on behalf of the controller.
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i)
Recipient
Recipient is a
natural or legal person, public authority, agency or another body,
to which the personal data are disclosed, whether a third party or
not. However, public authorities which may receive personal data
in the framework of a particular inquiry in accordance with Union
or Member State law shall not be regarded as recipients; the
processing of those data by those public authorities shall be in
compliance with the applicable data protection rules according to
the purposes of the processing.
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j)
Third party
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
authorised to process personal data.
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k)
Consent
Consent of the
data subject is any freely given, specific, informed and
unambiguous indication of the data subject's wishes by which he or
she, by a statement or by a clear affirmative action, signifies
agreement to the processing of personal data relating to him or
her.
2. Name and Address
of the controller
Controller for the
purposes of the General Data Protection Regulation (GDPR), other data
protection laws applicable in Member states of the European Union and
other provisions related to data protection is:
MALORT Kreuzberg-Neukölln
Hasenheide 93
10967 Berlin
Deutschland
Phone: (030) 69533301
Email: info@malort-kreuzberg-neukoelln.de
Website:
www.malort-kreuzberg-neukoelln.de
3. Collection of
general data and information
The website of the
MALORT Kreuzberg-Neukölln collects a series of general data and
information when a data subject or automated system calls up the
website. This general data and information are stored in the server
log files. Collected may be (1) the browser types and versions used,
(2) the operating system used by the accessing system, (3) the website
from which an accessing system reaches our website (so-called
referrers), (4) the sub-websites, (5) the date and time of access to
the Internet site, (6) an Internet protocol address (IP address), (7)
the Internet service provider of the accessing system, and (8) any
other similar data and information that may be used in the event of
attacks on our information technology systems.
When using these
general data and information, the MALORT Kreuzberg-Neukölln does not
draw any conclusions about the data subject. Rather, this information
is needed to (1) deliver the content of our website correctly, (2)
optimize the content of our website as well as its advertisement, (3)
ensure the long-term viability of our information technology systems
and website technology, and (4) provide law enforcement authorities
with the information necessary for criminal prosecution in case of a
cyber-attack. Therefore, the MALORT Kreuzberg-Neukölln analyzes
anonymously collected data and information statistically, with the aim
of increasing the data protection and data security of our enterprise,
and to ensure an optimal level of protection for the personal data we
process. The anonymous data of the server log files are stored
separately from all personal data provided by a data subject.
4. Routine erasure
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 purpose of storage, or as far as
this is granted by the European legislator or other legislators in
laws or regulations to which the controller is subject to.
If the storage
purpose is not applicable, or if a storage period prescribed by the
European legislator or another competent legislator expires, the
personal data are routinely blocked or erased in accordance with legal
requirements.
5. Rights of the
data subject
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a) Right of
confirmation
Each data subject
shall have the right granted by the European legislator to obtain
from the controller the confirmation as to whether or not personal
data concerning him or her are being processed. If a data subject
wishes to avail himself of this right of confirmation, he or she
may, at any time, contact any employee of the controller.
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b) Right of
access
Each data subject
shall have the right granted by the European legislator to obtain
from the controller free information about his or her personal
data stored at any time and a copy of this information.
Furthermore, the European directives and regulations grant the
data subject access to the following information:
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the purposes
of the processing;
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the categories
of personal data concerned;
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the recipients
or categories of recipients to whom the personal data have
been or will be disclosed, in particular recipients in third
countries or international organisations;
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where possible,
the envisaged period for which the personal data will be
stored, or, if not possible, the criteria used to determine
that period;
-
the existence
of the right to request from the controller rectification or
erasure of personal data, or restriction of processing of
personal data concerning the data subject, or to object to
such processing;
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the existence
of the right to lodge a complaint with a supervisory authority;
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where the
personal data are not collected from the data subject, any
available information as to their source;
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the existence
of automated decision-making, including profiling, referred to
in Article 22(1) and (4) of the GDPR and, at least in those
cases, meaningful information about the logic involved, as
well as the significance and envisaged consequences of such
processing for the data subject.
Furthermore, the
data subject shall have a right to obtain information as to
whether personal data are transferred to a third country or to an
international organisation. Where this is the case, the data
subject shall have the right to be informed of the appropriate
safeguards relating to the transfer.
If a data subject
wishes to avail himself of this right of access, he or she may, at
any time, contact any employee of the controller.
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c) Right to
rectification
Each data subject
shall have the right granted by the European legislator to obtain
from the controller without undue delay the rectification of
inaccurate personal data concerning him or her. Taking into
account the purposes of the processing, the data subject shall
have the right to have incomplete personal data completed,
including by means of providing a supplementary statement.
If a data subject
wishes to exercise this right to rectification, he or she may, at
any time, contact any employee of the controller.
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d) Right to
erasure (Right to be forgotten)
Each data subject
shall have the right granted by the European legislator to obtain
from the controller the erasure of personal data concerning him or
her without undue delay, and the controller shall have the
obligation to erase personal data without undue delay where one of
the following grounds applies, as long as the processing is not
necessary:
-
The personal
data are no longer necessary in relation to the purposes for
which they were collected or otherwise processed.
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The data
subject withdraws consent to which the processing is based
according to point (a) of Article 6(1) of the GDPR, or point
(a) of Article 9(2) of the GDPR, and where there is no other
legal ground for the processing.
-
The data
subject objects to the processing pursuant to Article 21(1) of
the GDPR and there are no overriding legitimate grounds for
the processing, or the data subject objects to the processing
pursuant to Article 21(2) of the GDPR.
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The personal
data have been unlawfully processed.
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The personal
data must be erased for compliance with a legal obligation in
Union or Member State law to which the controller is subject.
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The personal
data have been collected in relation to the offer of
information society services referred to in Article 8(1) of
the GDPR.
If one of the
aforementioned reasons applies, and a data subject wishes to
request the erasure of personal data stored by the MALORT
Kreuzberg-Neukölln, he or she may, at any time, contact any
employee of the controller. An employee of MALORT Kreuzberg-Neukölln
shall promptly ensure that the erasure request is complied with
immediately.
Where the
controller has made personal data public and is obliged pursuant
to Article 17(1) to erase the personal data, the controller,
taking account of available technology and the cost of
implementation, shall take reasonable steps, including technical
measures, to inform other controllers processing the personal data
that the data subject has requested erasure by such controllers of
any links to, or copy or replication of, those personal data, as
far as processing is not required. An employees of the MALORT
Kreuzberg-Neukölln will arrange the necessary measures in
individual cases.
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e) Right of
restriction of processing
Each data subject
shall have the right granted by the European legislator to obtain
from the controller restriction of processing where one of the
following applies:
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The accuracy
of the personal data is contested by the data subject, for a
period enabling the controller to verify the accuracy of the
personal data.
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The processing
is unlawful and the data subject opposes the erasure of the
personal data and requests instead the restriction of their
use instead.
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The controller
no longer needs the personal data for the purposes of the
processing, but they are required by the data subject for the
establishment, exercise or defence of legal claims.
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The data
subject has objected to processing pursuant to Article 21(1)
of the GDPR pending the verification whether the legitimate
grounds of the controller override those of the data subject.
If one of the
aforementioned conditions is met, and a data subject wishes to
request the restriction of the processing of personal data stored
by the MALORT Kreuzberg-Neukölln, he or she may at any time
contact any employee of the controller. The employee of the MALORT
Kreuzberg-Neukölln will arrange the restriction of the processing.
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f) Right to data
portability
Each data subject
shall have the right granted by the European legislator, to
receive the personal data concerning him or her, which was
provided to a controller, in a structured, commonly used and
machine-readable format. He or she shall have the right to
transmit those data to another controller without hindrance from
the controller to which the personal data have been provided, as
long as the processing is based on consent pursuant to point (a)
of Article 6(1) of the GDPR or point (a) of Article 9(2) of the
GDPR, or on a contract pursuant to point (b) of Article 6(1) of
the GDPR, and the processing is carried out by automated means, as
long as the processing is not 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.
In order to
assert the right to data portability, the data subject may at any
time contact any employee of the MALORT Kreuzberg-Neukölln.
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g) Right to
object
Each data subject
shall have the right granted by the European legislator to object,
on grounds relating to his or her particular situation, at any
time, to processing of personal data concerning him or her, which
is based on point (e) or (f) of Article 6(1) of the GDPR. This
also applies to profiling based on these provisions.
The MALORT
Kreuzberg-Neukölln shall no longer process the personal data in
the event of the objection, unless we can demonstrate compelling
legitimate grounds for the processing which override the interests,
rights and freedoms of the data subject, or for the establishment,
exercise or defence of legal claims.
If the MALORT
Kreuzberg-Neukölln processes personal data for direct marketing
purposes, the data subject shall have the right to object at any
time to processing of personal data concerning him or her for such
marketing. This applies to profiling to the extent that it is
related to such direct marketing. If the data subject objects to
the MALORT Kreuzberg-Neukölln to the processing for direct
marketing purposes, the MALORT Kreuzberg-Neukölln will no longer
process the personal data for these purposes.
In addition, the
data subject has the right, on grounds relating to his or her
particular situation, to object to processing of personal data
concerning him or her by the MALORT Kreuzberg-Neukölln for
scientific or historical research purposes, 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.
In order to
exercise the right to object, the data subject may contact any
employee of the MALORT Kreuzberg-Neukölln. In addition, the data
subject is free in the context of the use of information society
services, and notwithstanding Directive 2002/58/EC, to use his or
her right to object by automated means using technical
specifications.
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h) Automated
individual decision-making, including profiling
Each data subject
shall have the right granted by the European legislator not to be
subject to a decision based solely on automated processing,
including profiling, which produces legal effects concerning him
or her, or similarly significantly affects him or her, as long as
the decision (1) is not is necessary for entering into, or the
performance of, a contract between the data subject and a data
controller, or (2) is not authorised by Union or Member State law
to which the controller is subject and which also lays down
suitable measures to safeguard the data subject's rights and
freedoms and legitimate interests, or (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 a data controller, or (2) it
is based on the data subject's explicit consent, the MALORT
Kreuzberg-Neukölln shall implement suitable measures to safeguard
the data subject's rights and freedoms and legitimate interests,
at least the right to obtain human intervention on the part of the
controller, to express his or her point of view and contest the
decision.
If the data
subject wishes to exercise the rights concerning automated
individual decision-making, he or she may, at any time, contact
any employee of the MALORT Kreuzberg-Neukölln.
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i) Right to
withdraw data protection consent
Each data subject
shall have the right granted by the European legislator to
withdraw his or her consent to processing of 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 any employee of the MALORT
Kreuzberg-Neukölln.
6. Data protection
provisions about the application and use of YouTube
On this website, the
controller has integrated components of YouTube. YouTube is an
Internet video portal that enables video publishers to set video clips
and other users free of charge, which also provides free viewing,
review and commenting on them. YouTube allows you to publish all kinds
of videos, so you can access both full movies and TV broadcasts, as
well as music videos, trailers, and videos made by users via the
Internet portal.
The operating company
of YouTube is Google Ireland Limited, Gordon House, Barrow Street,
Dublin, D04 E5W5, Ireland.
With each call-up to
one of the individual pages of this Internet site, which is operated
by the controller and on which a YouTube component (YouTube video) was
integrated, the Internet browser on the information technology system
of the data subject is automatically prompted to download a display of
the corresponding YouTube component. Further information about YouTube
may be obtained under https://www.youtube.com/yt/about/en/. During the
course of this technical procedure, YouTube and Google gain knowledge
of what specific sub-page of our website was visited by the data
subject.
If the data subject
is logged in on YouTube, YouTube recognizes with each call-up to a
sub-page that contains a YouTube video, which specific sub-page of our
Internet site was visited by the data subject. This information is
collected by YouTube and Google and assigned to the respective YouTube
account of the data subject.
YouTube and Google
will receive information through the YouTube component that the data
subject has visited our website, if the data subject at the time of
the call to our website is logged in on YouTube; this occurs
regardless of whether the person clicks on a YouTube video or not. If
such a transmission of this information to YouTube and Google is not
desirable for the data subject, the delivery may be prevented if the
data subject logs off from their own YouTube account before a call-up
to our website is made.
YouTube's data
protection provisions, available at https://www.google.com/intl/en/policies/privacy/,
provide information about the collection, processing and use of
personal data by YouTube and Google.
7. Legal basis for
the processing
Art. 6(1) lit. a GDPR
serves 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 for the supply of goods or to
provide any other service, the processing is based on Article 6(1)
lit. b GDPR. The same applies to such processing operations which are
necessary for carrying out pre-contractual measures, for example in
the case of inquiries concerning our products or services. Is our
company subject to a legal obligation by which processing of personal
data is required, such as for the fulfillment of tax obligations, the
processing is based on Art. 6(1) lit. c 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 in our company and
his name, age, health insurance data or other vital information would
have to be passed on to a doctor, hospital or other third party. Then
the processing would be based on Art. 6(1) lit. d GDPR. Finally,
processing operations could be based on Article 6(1) lit. f GDPR. This
legal basis is used for processing operations which are not covered by
any of the abovementioned 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 which
require protection of personal data. Such processing operations are
particularly permissible because they have been specifically mentioned
by the European legislator. He considered that a legitimate interest
could be assumed if the data subject is a client of the controller
(Recital 47 Sentence 2 GDPR).
8. The legitimate
interests pursued by the controller or by a third party
Where the processing
of personal data is based on Article 6(1) lit. f GDPR our legitimate
interest is to carry out our business in favor of the well-being of
all our employees and the shareholders.
9. Period for which
the personal data will be stored
The criteria used to
determine the period of storage of personal data is the respective
statutory retention period. After expiration of that period, the
corresponding data is routinely deleted, as long as it is no longer
necessary for the fulfillment of the contract or the initiation of a
contract.
10. Provision of
personal data as statutory or contractual requirement; Requirement
necessary to enter into a contract; Obligation of the data subject to
provide the personal data; possible consequences of failure to provide
such data
We clarify that the
provision of personal data is partly required by law (e.g. tax
regulations) or can also result from contractual provisions (e.g.
information on the contractual partner). Sometimes it may be necessary
to conclude a contract that the data subject provides us with personal
data, which must subsequently be processed by us. The data subject is,
for example, obliged to provide us with personal data when our company
signs a contract with him or her. The non-provision of the personal
data would have the consequence that the contract with the data
subject could not be concluded. Before personal data is provided by
the data subject, the data subject must contact any employee. The
employee clarifies to the data subject whether the provision of the
personal data is required by law or contract or is necessary for the
conclusion of the contract, whether there is an obligation to provide
the personal data and the consequences of non-provision of the
personal data.
11. Existence of
automated decision-making
As a responsible
company, we do not use automatic decision-making or profiling.
This Privacy Policy
has been generated by the Privacy Policy Generator of the DGD
- Your External DPO that was developed in cooperation with German
Lawyers from WILDE BEUGER SOLMECKE, Cologne.
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