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Data privacy statement

Any collection, processing and use (hereinafter "use") of data is solely for the purpose of providing our services. The services of KIgA e.V. have been designed to use as little personal information as possible. For that matter, "personal data" is understood as all individual details about a person or factual circumstances of an identifiable natural person (so-called "affected person"). The following statements on data protection describe what types of data are collected when accessing our website, what happens with these data and how you may object to data usage.

1          General information on data processing

1.1        Person Responsible (Controller)

Responsible within the meaning of the EU General Data Protection Regulation (GDPR) and the new Federal Data Protection Act (BDSG) is:

KIgA e.V.

Address: Kottbusser Damm 94

10967 Berlin

Phone: 030 23 58 82 30

E-mail: mail@kiga-berlin.org

Homepage: www.kiga-berlin.org

 

1.2        Name and address of the Data Security Officer

The data security officer is:

Kemal Webersohn from WS Datenschutz GmbH

If you have questions about data protection, you can contact WS Datenschutz GmbH at the following email address: kiga@ws-datenschutz.com

Or by mail:

WS Datenschutz GmbH
Meinekestraße 13
D-10719 Berlin

https://ws-datenschutz.de

 

1.3        Protection of your data

We have taken technical and organizational measures to ensure that the requirements of the EU General Data Protection Regulation (GDPR) are met by us, as well as, by external service providers working for us.

If we work with other companies to provide our services, such as email and server providers, this will only be done after an extensive selection process. In this selection process, each individual service provider is carefully selected for its suitability in terms of technical and organizational data protection skills. This selection procedure will be documented in writing and an agreement on the order processing of data (order processing contract) will only be concluded if the third party complies with the requirements of Art. 28 GDPR. Your information will be stored on specially protected servers. Access to it is only possible for a few specially authorized persons. Our website is SSL/TLS encrypted, as can be seen by the https:// at the start of our URL.

1.4        Erasure of personal data

We process personal data only if necessary. As soon as the purpose of the data processing is fulfilled, erasure of the data is carried out according to the standards of the erasure concept, unless legal or contractual regulations oppose this.

2          Use of data on this website and in logfiles

2.1        Scope of processing personal data

When visiting our website, our web servers temporarily store every access in a log file.                                         The following data is collected and stored until automated erasure:

  • IP-address of the requesting computer
  • Date and time of access
  • Message if the retrieval was successful
  • Website from which access is made

We or our partners may process additional data occasionally. You will find information about this below.

2.2        Legal basis for processing personal data

The legal basis for the temporary storage of the data and log files is Art. 6 para. 1 s. 1 lit. f) of the GDPR. Our legitimate interest is to make our website accessible for you.

2.3        Purpose of data processing

The processing of this data serves: the purpose of enabling the use of the website (connection establishment), system security, the technical administration of the network infrastructure, as well as to optimize the website. The IP address is evaluated only in case of attacks on our network infrastructure or the network infrastructure of our internet provider. Furthermore, no input of your personal data is required to use our website.

2.4        Duration of storage

As soon as the purpose of the data processing is fulfilled, erasure of the data is carried out. This happens as soon as you close our website. Our hosting service might use data for statistical purposes. Any personal data will be anonymized for this. A deletion of the data takes place at our hosting provider at our request. This is the case regularly after the termination of the contractual relationship between us and the hosting provider, provided that no legal, official or contractual regulations prevent deletion. Irrespective of this, you have the possibility to submit a deletion request for the data at any time.

2.5         Right of objection and erasure

The data processing is necessary in order to present the website and to ensure the website’s operation. Therefore, objecting is impossible.

2.6        Strato

2.6.1        Description and scope of data processing

We use Strato's services as a web hosting provider. The data is processed by: STRATO AG, Pascalstraße 10, 10587 Berlin, Germany.

Strato stores your data exclusively in Germany. IT security, data protection and availability are confirmed annually by an independent TÜV certification (ISO 27001). For more information on data protection at Strato: https://www.strato.de/datenschutz/#

2.6.2        Legal basis for data processing

Data processing is based on Art. 6 para. 1 s. 1 lit. f) GDPR. Our legitimate interest lies in informing you about our services on the Internet and making our website accessible to you.

2.6.3        Purpose of data processing

The data processing is carried out for the purpose of enabling the use of the website (connection establishment). It serves system security, technical administration of the network infrastructure, and optimization of the Internet offer.

2.6.4        Duration of storage

Strato processes and stores personal data only for the period necessary to achieve the purpose of storage or if this is required by law. This is the case regularly until the termination of our contract with Strato.

2.6.5        Right to objection and erasure

The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. There is therefore no possibility of objection on the part of the user. If you wish to exercise your legal rights or have any questions in general, please contact https://www.strato.de/datenschutz/# or the data protection officer of STRATO AG.

3          Use of cookies

3.1        Description and scope of data processing

Our website is using cookies. Cookies are stored on your computer when you use our website. Cookies are small text files which are stored on your hard drive assigned to the browser you use. Through this information flows to us or the party who set the cookie. Cookies cannot run programs or transmit viruses to your computer. They are used by us to present you interesting offers on this website. This, for example, conveys which language selections you make.

3.2        Legal basis for data processing

The legal basis for the processing of data for cookies, which serve only the functionality of this website, is Art. 6 para. 1 s. 1 lit. f) GDPR.

3.3        Purpose of data processing

Our legitimate interests are to provide you with a working website connection and to ensure a comfortable use of this website. Also, we need to process your personal data to solve occurring safety and security issues, as well as to ensure system stability.

3.4        Duration of storage

This website uses the following types of cookies. The extend and function of each are being explained below:

  • Transient cookies (see a)
  • Persistent cookies (see b)

a) Transient cookies are automatically deleted when you close the browser. This is especially true for session cookies which store your session ID, with which various requests from your browser can be assigned to your session. This will allow your computer to be recognized when you return to our website. Session cookies are deleted when you log out or close the browser.

b) Persistent cookies are automatically deleted after a specified period, which may differ depending on the cookie.

3.5        Right to objection and erasure

You can delete the cookies in your browser's security settings at any time. Please note that you may not be able to use all the features of this website. The setting of cookies can also be prevented at any time by appropriate settings in your internet browser.

4          Contact

4.1        Description and scope of data processing

Via our website it is possible to contact us via e-mail. This will require different data to answer the request, which will be automatically saved for processing.  Your data will not be passed on to third parties, unless you have given your consent.

4.2        Legal basis for data processing

The legal basis depends on Art. 6 para. 1 s. 1 lit. b) GDPR.

4.3        Purpose of data processing

The processing of personal data from the input form is used solely handling the contact request.

4.4        Duration of storage

The data will be deleted as soon as we answer your request. There might occur rare cases when legal or contractual retention periods interfere with the erasure of your personal data. In this case your data will be deleted after these periods.

4.5        Right to objection and erasure

The user has the right to withdraw their consent to the processing of personal data at any time. If the user contacts us, they can object to storage of their personal data at any time. In such cases, the conversation cannot be continued. All personal data that has been stored in the course of the contact will be deleted.

5          Data processing for applications

5.1        Description and scope of data processing

We offer the opportunity to apply for jobs by email (mail@kiga-berlin.org). For this purpose, personal data is processed and stored for further processing during the respective application process.

5.2        Legal basis for data processing

Data processing will be based on Art. 88 GDPR and § 26 BDSG (2018).

5.3        Purpose of data processing

We process your data exclusively for the purpose of carrying out the application process.

5.4        Duration and storage

In case of successful application and employment, the personal data is stored in accordance with the legal requirements. In case of unsuccessful application, the data will be deleted in accordance with the rules of the local erasure concept. In doing so the provisions of the AGG (German Employment Law), especially the existing evidence pursuant to § 22 AGG, are taken into account. This does not apply if we are obliged to any legal erasure periods or if you have given consent to store your data for further communication with us (e.g. we have another suitable job in the future). If you have given consent the legal basis for further storage of your data is Art. 6 para. 1 s. 1 lit. c) or lit. a) GDPR.

5.5        Right to objection and erasure

You can contact us at any time and object to further processing of your data. All personal data of the application process will be deleted in this case.

6          Social media on our website

We integrated social media platforms on our website via links, which may result in social media providers receiving data from you if necessary. We will break this down for you in the following.

6.1        Facebook

6.1.1        Description and scope of data processing

We have integrated Facebook on the website. The Facebook link can be found on the website at the bottom right. Responsible for data processing is:

Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA.

If an affected person lives outside the US or Canada and Facebook processes data, the person responsible is:

Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland.

If the user clicks on the Facebook link, the website of Facebook will be opened. By accessing Facebook through our website, Facebook will receive the respective reference data of KIgA e.V.. Through this Facebook receives the information that the user has visited our website.

For more information on the topic of data protection on Facebook, we refer to the following data policy of Facebook: https://www.facebook.com/about/privacy/

6.1.2        Legal basis of data processing

The legal basis for data processing is Art. 6 para. 1 s. 1 lit. f) GDPR. Our legitimate interests are to provide information about our company and to keep in contact with our customers and prospective customers.

6.1.3        Purpose of data processing

We use social media to promote our company. We also want to give you the opportunity to interact with social media through our website.

6.1.4        Duration of storage

Facebook claims to store your data for a period of 90 days. At the end of the 90 days, the data will be anonymized so that they cannot be further associated with you.

6.1.5        Right to objection and erasure

Other settings and disagreements regarding the use of data for advertising purposes are possible within the Facebook profile settings or via the US page or the EU page of Facebook. The settings are platform independent, they are adopted for all devices, such as desktop computers or mobile devices.

7          Service providers from third countries

In order to be able to provide our services, we use the support of service providers from third party countries (non-EU countries). In order to ensure the protection of your personal data in this case, we conclude processing contracts with each - carefully selected - service provider. All of our processors provide sufficient guarantees to implement appropriate technical and organizational measures. Our third country data processors are either located in a country with an adequate level of data protection (Art. 45 GDPR) or provide appropriate safeguards (Art 46 GDPR). Below you may find our categories of processors, the country they are located at and the safeguards or guarantees they provide. We use the support of the following providers:

EU-US Privacy Shield: The Privacy Shield is an agreement between the United States of America and the European Union to ensure compliance with European privacy standards. For more information, see:

8          Your rights

You have the following rights with respect to the personal data concerning you:

8.1        Right to withdraw a given consent (Art. 7 GDPR)

If you have given your consent to the processing of your data, you can withdraw it at any time. This will affect the admissibility of processing your personal data by us for the time after you have withdrawn your consent. To withdraw your consent, contact us personally or in written form.

8.2        Right of access (Art. 15 GDPR)

You have the right to obtain from us confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, access to your personal data and the following information:

  • the purpose of processing;
  • the categories of personal data concerned;
  • the recipients or the categories of recipient to whom your personal data have been or will be disclosed, in particular recipients in countries outside of the EU or international organisations;
  • where possible, the envisaged period for which your personal data will be stored, or, if not possible, the criteria used to determine that period;
  • all available information on the source of your personal data;
  • the existence of automated decision-making, including profiling, referred to Art. 22 para. 1 and 4 GDPR and, in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for you.

In the case of such a request, you must provide enough information about your identity to proof that the request concerns your own personal data.

8.3        Right to rectification and erasure (Art. 16, 17 GDPR)

You have the right to obtain from us without undue delay the rectification and completion of inaccurate personal data concerning yourself.

You may also request the erasure of your personal data if any of the following applies to you:

  • the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed;
  • you withdraw consent on which the processing is based according to Art. 6 para. 1 s.1 lit. a) or Art. 9 para. 2 lit. a) GDPR, and where there is no other legal ground of processing;
  • you object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or the you object to the processing pursuant to Art. 21 para. 2 GDPR;
  • the personal data have been unlawfully processed;
  • the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which we are subject;
  • the personal data have been collected in relation to the offer of information society services referred to in Art. 8 para. 1.

Where we made the personal data public and are obliged to erase the personal data pursuant to Art. 17 para. 1 GDPR, we taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you have requested by such controllers of any links to, or copy or replication of, those personal data.

These rights shall not apply to the extent that processing is necessary:

  • for exercising the right of freedom of expression and information;
  • for compliance with a legal obligation which requires processing by Union or Member State law to which we are subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  • for reasons of public interest in the area of public health in accordance of Art. 9 para. 2 lit. h) and i) as well as Art. 9 para. 3 GDPR;
  • for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 GDPR, in so far as the right referred to above is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
  • for the establishment, exercise or defence of legal claims.

8.4        Right to restriction of processing (Art. 18 GDPR)

You shall have the right to obtain from us restriction of processing where one of the following applies:

  • the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of the personal data;
  • the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
  • we no longer need the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims;
  • you have objected to processing pursuant to Art. 21 para. 1 GDPR pending the verification whether our legitimate grounds override yours.

Where processing has been restricted under the aforementioned conditions, such personal data shall, except for storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

If the limitation of the processing is restricted, you will be informed by us before the restriction is lifted.

8.5        Right to information (Art. 19 GDPR)

If you have asserted us your right to rectification, erasure or restriction of data processing, we will inform all recipients of your personal data to correct, delete or restrict the processing of data, unless this proves impossible or involves disproportionate effort.

You also have the right to know which recipients have received your personal data.

8.6        Right to data portability (Art. 20 GDPR)

You have the right to receive your personal data, which you provided to us, in a structured, commonly used and machine-readable format. Also, you have the right to transmit those data to another controller, where

  • the processing is based on consent pursuant of Art. 6 para. 1 s.1 lit. a) GDPR or of Art. 9 para. 2 lit. a) GDPR or is based on a contract pursuant of Art. 6 para. 1 s. 1 lit. b) DS-GVO; and
  • the processing is carried out by automated means.

In exercising your right to data portability, you have the right to obtain that personal data transmitted directly from us to another controller, as far as technically feasible. The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority that has been delegated to us.

8.7        Right to object (Art. 21 GDPR)

Where we based the processing of your personal data on a legitimate interest (Art. 6 para. 1 s. 1 lit. f) GDPR), you may object to the processing. The same applies if the data processing is based on Art. 6 para. 1 s. 1 lit. e).

In this case, we ask you to explain the reasons why we should not process your personal data. Based on this we will terminate or adapt the data processing or show you our legitimate reasons why we continue the data processing.

8.8        Right to lodge a complaint with supervisory authority (Art. 77 GDPR)

Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your residence, place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you is against the infringes of the GDPR.

The supervisory authority to which the complaint has been submitted shall inform you of the status and results of the complaint, including the possibility of a judicial remedy according to Article 78 GDPR.

9          How you perceive these rights

To exercise these rights, please contact our data security officer:

Kemal Webersohn from Webersohn & Scholtz GmbH

kiga@ws-datenschutz.com

or by mail:

WS Datenschutz GmbH
Meinekestraße 13
D-10719 Berlin

10      Subject to change

We reserve the right to change this privacy policy in compliance with legal requirements.

February 2020