Privacy Policy
Preamble
With the following privacy policy we would like to inform you about the types of your personal data (hereinafter also referred to as “data”) that we process, for what purposes and to what extent. This privacy policy applies to all processing of personal data carried out by us, both in the context of providing our services and in particular on our websites, in mobile applications and within external online presences such as our social media profiles (hereinafter collectively “online offer”).
The terms used are not gender-specific.
Last updated: 19 February 2024
Controller
Laris Kević
Waldingstraße 30a
22391 Hamburg
Email address: laris@jelasplace.org
Overview of processing operations
The following overview summarises the types of data processed and the purposes of their processing, and refers to the data subjects concerned.
Types of data processed
- Inventory data
- Payment data
- Contact data
- Content data
- Contract data
- Usage data
- Meta, communication and procedural data
Categories of data subjects
- Customers
- Interested parties
- Communication partners
- Users
- Business and contractual partners
Purposes of processing
- Provision of contractual services and fulfilment of contractual obligations
- Contact requests and communication
- Security measures
- Direct marketing
- Office and organisational procedures
- Feedback
- Marketing
- Provision of our online offer and user-friendliness
- Information technology infrastructure
Relevant legal bases
Relevant legal bases under the GDPR: Below you will find an overview of the legal bases of the GDPR on which we process personal data. Please note that in addition to the provisions of the GDPR, national data protection rules may apply in your or our country of residence or establishment. Should more specific legal bases be relevant in individual cases, we will inform you of these in this privacy policy.
Consent (Art. 6 (1) sentence 1 lit. a) GDPR) – The data subject has given consent to the processing of their personal data for one or more specific purposes.
Legitimate interests (Art. 6 (1) sentence 1 lit. f) GDPR) – Processing is necessary to protect the legitimate interests of the controller or of a third party, provided that the interests, fundamental rights and freedoms of the data subject that require the protection of personal data do not override those interests.
National data protection provisions in Germany: In addition to the data protection provisions of the GDPR, national data protection provisions apply in Germany. These include in particular the Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG). Furthermore, the data protection laws of the individual federal states may apply.
Reference to the applicability of the GDPR and the Swiss FADP: These privacy notices serve to provide information both under the Swiss Federal Act on Data Protection (Swiss FADP) and under the General Data Protection Regulation (GDPR). For this reason, please note that, due to the broader spatial application and comprehensibility, the terms of the GDPR are used.
Security measures
In accordance with the legal requirements and taking into account the state of the art, implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, we take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk.
The measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as the access, input, transfer, availability and separation relating to it. Furthermore, we have set up procedures that ensure the exercise of data subjects' rights, the erasure of data and responses to threats to the data. We also take the protection of personal data into account during the development and selection of hardware, software and procedures, in accordance with the principle of data protection by design and by default.
Shortening of the IP address: Where IP addresses are processed by us or by the service providers and technologies used, and the processing of a complete IP address is not necessary, the IP address is shortened (also referred to as “IP masking”). In doing so, the last two digits, or the last part of the IP address after a dot, are removed or replaced by placeholders. The aim of shortening the IP address is to prevent or make significantly more difficult the identification of a person on the basis of their IP address.
TLS/SSL encryption (https): To protect the data of users transmitted via our online services, we use TLS/SSL encryption. Secure Sockets Layer (SSL) is the standard technology for securing internet connections by encrypting the data transmitted between a website or app and a browser (or between two servers). Transport Layer Security (TLS) is an updated and more secure version of SSL. Hyper Text Transfer Protocol Secure (HTTPS) is displayed in the URL when a website is secured by an SSL/TLS certificate.
Transfer of personal data
In the course of our processing of personal data, it may happen that the data is transferred to, or disclosed towards, other bodies, companies, legally independent organisational units or persons. Recipients of this data may include, for example, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases, we comply with the legal requirements and, in particular, conclude appropriate contracts or agreements serving to protect your data with the recipients of your data.
Erasure of data
The data processed by us is erased in accordance with the legal requirements as soon as the consents permitted for processing are revoked or other permissions cease to apply (e.g. if the purpose of processing this data no longer applies or it is not required for the purpose). If the data is not erased because it is required for other, legally permissible purposes, its processing is limited to those purposes. 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, or whose storage is necessary for the assertion, exercise or defence of legal claims, or for the protection of the rights of another natural or legal person.
Rights of data subjects
Rights of data subjects under the GDPR: As a data subject, you are entitled to various rights under the GDPR, which arise in particular from Art. 15 to 21 GDPR:
Right to object: You have the right, on grounds relating to your particular situation, to object at any time to the processing of your personal data carried out on the basis of Art. 6 (1) lit. e or f GDPR; this also applies to profiling based on these provisions. Where personal data concerning you is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing; this also applies to profiling insofar as it is connected with such direct marketing.
Right to withdraw consent: You have the right to withdraw consent granted at any time.
Right of access: You have the right to request confirmation as to whether data in question is being processed and to information about this data as well as further information and a copy of the data in accordance with the legal requirements.
Right to rectification: In accordance with the legal requirements, you have the right to request the completion of data concerning you or the rectification of inaccurate data concerning you.
Right to erasure and restriction of processing: In accordance with the legal requirements, you have the right to demand that data concerning you be erased without delay, or alternatively to demand a restriction of the processing of the data in accordance with the legal requirements.
Right to data portability: You have the right to receive data concerning you that you have provided to us in a structured, common and machine-readable format in accordance with the legal requirements, or to demand its transmission to another controller.
Complaint to a supervisory authority: Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your habitual residence, place of work or place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the provisions of the GDPR.
Providers and services used in the course of business
In the course of our business activities, we use additional services, platforms, interfaces or plug-ins from third-party providers (“services”) in compliance with the legal requirements.
Types of data processed: inventory data (e.g. names, addresses); payment data (e.g. bank details, invoices, payment history); contact data (e.g. email, telephone numbers); content data (e.g. entries in online forms); contract data (e.g. subject matter of the contract, term, customer category).
Data subjects: customers; interested parties; users (e.g. website visitors, users of online services); business and contractual partners.
Purposes of processing: provision of contractual services and fulfilment of contractual obligations; office and organisational procedures.
Legal bases: legitimate interests (Art. 6 (1) sentence 1 lit. f) GDPR).
Provision of the online offer and web hosting
We process users' data in order to be able to provide them with our online services. For this purpose, we process the user's IP address, which is necessary to transmit the content and functions of our online services to the user's browser or device.
Types of data processed: usage data (e.g. websites visited, interest in content, access times); meta, communication and procedural data (e.g. IP addresses, time stamps, identification numbers, consent status).
Data subjects: users (e.g. website visitors, users of online services).
Purposes of processing: provision of our online offer and user-friendliness; information technology infrastructure (operation and provision of information systems and technical devices such as computers, servers, etc.); security measures; provision of contractual services and fulfilment of contractual obligations.
Legal bases: legitimate interests (Art. 6 (1) sentence 1 lit. f) GDPR).
Provision of the online offer on rented storage space: For the provision of our online offer we use storage space, computing capacity and software that we rent or otherwise obtain from a corresponding server provider (also called “web host”); legal bases: legitimate interests (Art. 6 (1) sentence 1 lit. f) GDPR).
Collection of access data and log files: Access to our online offer is logged in the form of so-called “server log files”. Server log files may include the address and name of the web pages and files accessed, the date and time of access, the amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page) and, as a rule, IP addresses and the requesting provider. The server log files may be used, on the one hand, for security purposes (e.g. to avoid overloading the servers, particularly in the case of abusive attacks, so-called DDoS attacks) and, on the other hand, to ensure server utilisation and stability; legal bases: legitimate interests (Art. 6 (1) sentence 1 lit. f) GDPR). Erasure of data: log file information is stored for a maximum of 30 days and then deleted or anonymised. Data whose further retention is required for evidentiary purposes is exempt from erasure until the respective incident has been finally clarified.
1&1 IONOS: services in the field of providing information technology infrastructure and related services (e.g. storage space and/or computing capacities); service provider: 1&1 IONOS SE, Elgendorfer Str. 57, 56410 Montabaur, Germany; legal bases: legitimate interests (Art. 6 (1) sentence 1 lit. f) GDPR); website: https://www.ionos.de; privacy policy: https://www.ionos.de/terms-gtc/terms-privacy. Data processing agreement: available from the provider.
Newsletter and electronic notifications
We send newsletters, emails and other electronic notifications (hereinafter “newsletter”) only with the recipient's consent or on the basis of a legal permission. Insofar as the contents of a newsletter are specifically described when registering for it, they are decisive for the user's consent. Otherwise, our newsletters contain information about our services and about us.
To register for our newsletters, it is generally sufficient to provide your email address. However, we may ask you to provide a name for the purpose of a personal address in the newsletter, or further details, insofar as these are necessary for the purposes of the newsletter.
Double opt-in procedure: Registration for our newsletter always takes place via a so-called double opt-in procedure. This means that, after registering, you will receive an email asking you to confirm your registration. This confirmation is necessary so that no one can register with someone else's email address. Registrations for the newsletter are logged in order to be able to prove the registration process in accordance with the legal requirements. This includes storing the time of registration and confirmation as well as the IP address.
Erasure and restriction of processing: We may store unsubscribed email addresses for up to three years on the basis of our legitimate interests before erasing them, in order to be able to prove consent that was previously given. The processing of this data is limited to the purpose of a possible defence against claims.
Types of data processed: inventory data (e.g. names, addresses); contact data (e.g. email, telephone numbers); meta, communication and procedural data (e.g. IP addresses, time stamps, identification numbers, consent status); usage data (e.g. websites visited, interest in content, access times).
Data subjects: communication partners.
Purposes of processing: direct marketing (e.g. by email or post).
Legal bases: consent (Art. 6 (1) sentence 1 lit. a) GDPR); legitimate interests (Art. 6 (1) sentence 1 lit. f) GDPR).
Measurement of open and click rates: The newsletters contain a so-called “web beacon”, i.e. a pixel-sized file that is retrieved from our server when the newsletter is opened (or, if we use a dispatch service provider, from its server). This analysis also includes determining whether the newsletters are opened, when they are opened and which links are clicked.
CleverReach: email dispatch and automation services; service provider: CleverReach GmbH & Co. KG, //CRASH Building, Schafjückenweg 2, 26180 Rastede, Germany; legal bases: legitimate interests (Art. 6 (1) sentence 1 lit. f) GDPR); website: https://www.cleverreach.com/de; privacy policy: https://www.cleverreach.com/de/datenschutz/.
Presence on social networks (social media)
We maintain online presences within social networks and, in this context, process users' data in order to communicate with the users active there or to offer information about us.
We point out that in this process users' data may be processed outside the European Union. This may result in risks for the users, because it could, for example, make it more difficult to enforce users' rights.
Furthermore, users' data within social networks is generally processed for market research and advertising purposes. For example, usage profiles can be created from the users' usage behaviour and the resulting interests. For these purposes, cookies are generally stored on users' computers.
For a detailed presentation of the respective forms of processing and the possibilities to object (opt-out), we refer to the privacy policies and information of the operators of the respective networks.
Types of data processed: contact data (e.g. email, telephone numbers); content data (e.g. entries in online forms); usage data (e.g. websites visited, interest in content, access times); meta, communication and procedural data (e.g. IP addresses, time stamps, identification numbers, consent status).
Data subjects: users (e.g. website visitors, users of online services).
Purposes of processing: contact requests and communication; feedback (e.g. collecting feedback via online form); marketing.
Legal bases: legitimate interests (Art. 6 (1) sentence 1 lit. f) GDPR).
Instagram: social network; service provider: Meta Platforms Ireland Limited, Merrion Road, Dublin 4, D04 X2K5, Ireland; legal bases: legitimate interests (Art. 6 (1) sentence 1 lit. f) GDPR); website: https://www.instagram.com; privacy policy: https://instagram.com/about/legal/privacy. Basis for third-country transfers: Data Privacy Framework (DPF).
Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Google Analytics uses so-called “cookies”, text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of this website is generally transmitted to and stored on a Google server. Where applicable, information about the use of this website and your IP address is transmitted to a Google server in the USA and stored there. The data transfer is permitted on the basis of your consent pursuant to Art. 49 (1) lit. a) GDPR. If IP anonymisation is activated on this website, your IP address will, however, first be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.
On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with further services related to website and internet use. The IP address transmitted by your browser as part of Google Analytics is not merged with other Google data.
When using cookies, we rely on your consent to the collection of data. If you do not consent to the use of data on your first visit to our website, we will not collect your usage behaviour or other personal data that might arise during your visit, and will therefore also not use it for subsequent remarketing actions. This also applies to third-party cookies such as the present Google Analytics plug-in.
If you consent to the processing of your data as part of the opt-in procedure, the lawfulness of the processing of your data is based on consent pursuant to Art. 6 (1) sentence 1 lit. a) GDPR, so that we use your data to the extent of the consent you have given for the purposes of marketing and the evaluation of your usage behaviour. The data transfer is permitted on the basis of your consent pursuant to Art. 49 (1) lit. a) GDPR. In addition, we have a legitimate interest pursuant to Art. 6 (1) sentence 1 lit. f) GDPR in an appealing presentation of our online offers and in the data for marketing and targeting purposes.
You can prevent the storage of cookies by setting your browser software accordingly; however, we point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent the collection and forwarding to Google of the data generated by the cookie and relating to your use of the website (including your IP address), as well as the processing of this data by Google, by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de
You can also prevent collection by Google Analytics by clicking the following link. This sets an opt-out that excludes the collection of your data when visiting this website in the future.
Further information on terms of use and data protection can be found at: https://marketingplatform.google.com/about/analytics/terms/de or: https://policies.google.com/?hl=de&gl=de
On our website, Google Analytics has been extended by the code “anonymizeIp” in order to be able to collect IP addresses in anonymised form (so-called IP masking).
Online donation form (FundraisingBox)
On the “Online donation” page we use the FundraisingBox donation form to process online donations. FundraisingBox is a service of Wikando GmbH, Schießgrabenstr. 32, 86150 Augsburg, Germany. The form is loaded in an embedded frame (iframe) from secure.fundraisingbox.com. This establishes a connection to the provider's servers and transmits your IP address; without this connection the form cannot be displayed.
The data you enter in the form (including name, email address, donation amount and payment details) is processed by Wikando GmbH on our behalf in order to process your donation and issue your donation receipt. The legal basis is Art. 6(1)(b) GDPR for carrying out the donation and Art. 6(1)(c) GDPR for the retention required by tax law. A data processing agreement pursuant to Art. 28 GDPR is in place with the provider.
Depending on the payment method you choose, payment data is additionally transmitted to the respective payment service provider. As the form is technically necessary for the donation you have expressly requested, it is not controlled by the cookie banner and loads irrespective of your consent to statistical analysis. The storage of information on your terminal equipment that this requires does not need consent under Section 25(2) no. 2 TDDDG (German Telecommunications Digital Services Data Protection Act), because it is strictly necessary in order to provide the service you have expressly requested.
Further information can be found in the provider's privacy notices: https://www.fundraisingbox.com/privacy/
Changes and updates to this privacy policy
We ask you to regularly inform yourself about the content of our privacy policy. We adjust the privacy policy as soon as the changes to the data processing we carry out make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g. consent) or other individual notification.
Insofar as we provide addresses and contact information of companies and organisations in this privacy policy, please note that the addresses may change over time and please check the information before contacting them.
Supervisory authority responsible for us: Free and Hanseatic City of Hamburg, Authority for Justice and Equality, Drehbahn 36, 20354 Hamburg.
Definitions of terms
In this section you will find an overview of the terms used in this privacy policy. Insofar as the terms are defined by law, their legal definitions apply. The following explanations are intended primarily to aid understanding.
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, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Controller: “controller” means 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.
Processing: “processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means. The term is broad and covers practically any handling of data, be it collection, evaluation, storage, transmission or erasure.