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Data Protection Declaration

Name and contact of the responsible person according to Article 4 Paragraph 7 GDPR (General Data Protection Regulation)

Folkwang Agentur GmbH

Gelsenkirchener Str. 209
45309 Essen

General inquiries to: palatianos@folkwang-agentur.de Privacy requests to: datenschutz@folkwang-agentur.de

Safety and protection of your personal data

We consider it our primary task to protect the confidentiality of the personal information you provide and to protect it from unauthorized access. Therefore, we apply the utmost care and the highest safety standards to ensure maximum protection of your personal information.

As a private-law company, we are subject to the provisions of the General Data Protection Regulation (GDPR) and the regulations of the Federal Data Protection Act (BDSG). We have taken technical and organisational measures to ensure that the data protection rules are respected both by us and by our external service providers.

Definition of Terms

The Legislature requires that personal data are processed lawfully, in good faith and in a manner that is comprehensible to the person concerned ("lawfulness, processing in good faith, transparency"). To ensure this, we inform you about the individual legal definitions that are also used in this data protection declaration:

  1. Personal Data
    "Personal data" means any information relating to an identified or identifiable natural person (hereinafter referred to as "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. 
  2. Processing
    "Processing" means any procedure or series of operations which is performed on personal data, whether by automated means, such as collection, recording, organisation, structuring, storage, adaptation or modification, selection, consultation, use, disclosure by transmission, dissemination or any other form of provision, alignment or combination, restriction, erasure or destruction.
  3. Restriction of processing
    "Restriction of processing" is the marking of personal data stored with the aim of limiting its future processing.
  4. Profiling
    "Profiling" means any kind 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 job performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.
  5. Pseudonymisation
    "Pseudonymisation" means the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that such additional information are kept separately and are subject to technical and organisational measures to ensure that the personal data cannot be attributed to an identified or identifiable natural person.
  6. Filing system
    "Filing system" means any structured collection of personal data that are accessible according to specific criteria, whether centralised, decentralised or on a functional or geographical basis.
  7. Responsible person
    "Responsible person" means the natural or legal person, public authority, agency or other body which, alone or jointly with others, decides on the purposes and means of processing personal data; where the purposes and means of such processing are determined by Union or Member State law; the responsible person or the specific criteria for his/her/its appointment may be provided for by Union or Member State law.
  8. Processor
    "Processor" means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the responsible person.
  9. Recipient
    "Recipient" means a natural or legal person, public authority, agency or other entity to whom personal data are disclosed, whether or not it is a third party. However, public authorities which may receive personal data in connection with a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of that data by those public authorities shall be in accordance with the applicable data protection rules related to the purposes of the processing.
  10. Third party
    "Third party" means a natural or legal person, public authority, agency or body other than the data subject, responsible person, processor and persons who, under the direct authority of the responsible person or processor, are authorised to process personal data.
  11. Consent
    A "consent" of the data subject is any expression of will voluntarily given in a specific, unequivocal and unambiguous manner in the form of a statement or by a clear affirmative action, which signifies agreement to the processing of personal data relating to him or her.

Lawfulness of processing

Processing of personal data is only lawful, if there is a legal basis for the processing. The legal basis for the processing may be, in accordance with Article 6 Para. 1 lit. a - f GDPR in particular:

  1. The data subject has given consent to the processing of his or her personal data for one or more specific purposes;
  2. processing is necessary for the performance of a contract to which the data subject is party to, or for the performance of pre-contractual measures which are carried out at the request of the data subject;
  3. processing is necessary to fulfill a legal obligation to which the responsible person is subject to;
  4. processing is necessary to protect the vital interests of the data subject or of another natural person;
  5. processing is necessary for the performance of a task which is in the public interest or in the exercise of public authority delegated to the responsible person;
  6. processing is necessary to safeguard the legitimate interests of the responsible person or a third party, unless the interests or fundamental rights and freedoms of the data subject that require protection of personal data, in particular where the data subject is a child.

Information on the collection of personal data

(1) In the following we inform you on the collection of personal data when you visit our website. Personal data are e. g. name, address, e-mail addresses, user behaviour.

(2) If you contact us by e-mail, the data you communicate (your e-mail address, if applicable your name and your telephone number) will be stored by us to answer your questions. We delete the data generated in this context after storage is no longer necessary, or processing is restricted in case of the existence of legal retention obligations.

Collection of personal data when you visit our website

In the case of merely informative use of the website, i. e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data which are technically necessary for us to display our website to you and to guarantee stability and security (legal basis is Art. 6(1) S. 1 lit. f GDPR):

  • IP-address
  • Date and time of the request
  • Time zone difference to Greenwich Mean Time (GMT)
  • Content of the requirement (specific page)
  • Access status/HTTP status code
  • Volume of data transmitted
  • Website from which the request was received
  • Browser
  • Operating system and its interface
  • Language and version of the browser software.

Use of cookies

(1) In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard disk assigned to the browser you are using and by which certain information is passed to the party that sets the cookies. Cookies cannot run programs or transmit viruses to your computer. They serve purely to make the internet offer more user-friendly and effective.

(2) This website uses the following types of cookies, the extent and function of which are described below:

Transient cookies are automatically deleted when you close the browser. These include in particular the session cookies. These cookies store a so-called session ID, with which various requests from your browser can be assigned to the common session. This will allow your computer to be recognised when you return to our website. The session cookies are deleted when you log out or close the browser.

Further functions and offers of our website

(1) In addition to the purely informational use of our website, we offer various services that you can use if you are interested. In this case you will in general need to provide other personal information that we use to provide the respective service and for which the aforementioned data processing principles apply.

(2) In some cases, we use external service providers to process your data. These have been carefully selected and assigned by us, are bound by our instructions and are regularly checked.

(3) Furthermore, we may disclose your personal data to third parties, if action participations, competitions, contracts or similar services are offered by us together with partners. For more information, please refer to your personal data or below in the description of the offer.

(4) If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you of the consequences of this circumstance in the description of the offer.

Children

Our offer is primarily aimed at adults. Persons under age of 18 should not transmit any personal data to us without the consent of their parents or legal guardians.

Rights of the data subject

(1) Revocation of consent
If the processing of the personal data is based on a given consent, you have the right to revoke the consent at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

You can contact us at any time to exercise your right of withdrawal.

(2) Right to obtain confirmation
You have the right to request from the responsible person confirmation as to whether the personal data relating to you are being processed. You can request such confirmation at any time using the above-mentioned contact details.

(3) Right to obtain information
If personal data are processed, you have the right to obtain information concerning these personal data and also the following information:

  1. the processing purposes;
  2. the categories of personal data being processed;
  3. 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;
  4. if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining that duration;
  5. the existence of the right to request from the responsible person the rectification or erasure of personal data or the restriction of processing of personal data relating to you or the right to object to such processing;
  6. the right to lodge a complaint with a supervisory authority;
  7. where the personal data are not collected from the data subject, any available information on the source of the data;
  8. the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the consequences of such processing for the data subject.

If personal data are transferred to a third country or to an international organisation, you have the right to be informed of the appropriate safeguards under Article 46 GDPR relating to the transfer. We provide a copy of the personal data undergoing processing. For any additional copies requested by you, we may charge a reasonable fee based on the administrative costs. If the application is submitted electronically, the information must be provided in a standard electronic format, unless otherwise stated. The right to receive a copy according to paragraph 3 must not affect the rights and freedoms of others.

(4) Right to rectification
You have the right to demand immediate correction of incorrect personal data concerning you. Considering the purposes of processing, you have the right to request the completion of incomplete personal data, including by means of a supplementary statement.

(5) Right to erasure ("right to be forgotten")
You have the right to obtain from the responsible person the immediate erasure of personal data relating to you and we have the obligation to immediately erase personal data where one of the following reasons applies:

  1. The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  2. The data subject withdraws the consent on which the processing is based according to point (a) of Article 6(1), point (a) or Article 9(2), and where there is no other legal ground for the processing.
  3. In accordance with Article 21 (1) of the GDPR, the data subject objects to the processing and there are no legitimate reasons for processing, or the data subject objects to the processing in accordance with Article 21(2) GDPR.
  4. The personal data have been unlawfully processed.
  5. The erasure of personal data is necessary to fulfill a legal obligation under Union or national law to which the responsible person is subject.
  6. The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.

If the responsible person has made the personal data public and is obliged to erase them in accordance with paragraph 1, he shall, taking into account the available technology and the implementation costs, notify data processors who process the personal data that a data subject has requested them to delete all links to such personal data or copies or replications of such personal data.

The right to erasure ("right to be forgotten") does not apply if the processing is necessary:

  • to exercise the right of freedom of expression and information;
  • to fulfill a legal obligation required by the law of the Union or of the Member States to which the responsible person is subject, or to carry out a task which is in the public interest or in the exercise of public authority delegated to the responsible person;
  • for reasons of public interest in the field of public health, in accordance with Article 9(2) (h) and (i) and Article 9(3) GDPR;
  • for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes in accordance with Article 89(1) GDPR in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
  • for the assertion, exercise or defence of legal claims.

(6) Right to restriction of processing
You have the right to obtain from us the restriction of processing, where one of the following conditions applies:

  1. the accuracy of the personal data is disputed by the data subject for a period allowing the responsible person to verify the accuracy of the personal data;
  2. the processing is unlawful and the data subject refuses to delete the personal data and instead requests the restriction of the use of the personal data;
  3. the responsible person no longer needs the personal data for the purposes of the processing, but the data subject requires them to assert, exercise or defend legal claims; or
  4. the person concerned has lodged an objection to the processing pursuant to Article 21(1) of the GDPR, as long as it is not certain that the justifiable reasons of the person responsible prevail over those of the person concerned.

If the processing has been restricted in accordance with the above-mentioned conditions, these personal data will only be stored with the consent of the data subject or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of an important public interest of the Union or of a Member State.

To exercise the right to limit processing, the data subject may contact us at any time using the contact details provided above.

(7) Right to data portability
You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format, and you have the right to transfer these data to another person without hindrance by the responsible person to which the personal data have been provided, if:

  1. the processing is based on a consent in accordance with Article 6(1) (a) or Article 9(2) (a) or a contract pursuant to Article 6(1) (b) GDPR; and
  2. the processing is done using automated procedures.

When exercising the right to data portability in accordance with paragraph 1, you have the right to obtain that the personal data are transmitted directly from one responsible person to another, as far as technically feasible. The exercise of the right to data portability is without prejudice to the right of erasure ("the right to be forgotten"). This right does not apply to processing necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the responsible person.

(8) Right to object
You have the right, for reasons of your own particular situation, to object at any time to the processing of personal data relating to you pursuant to Article 6(1) (e) or (f) of the GDPR; this also applies to profiling based on these provisions. The responsible person no longer processes the personal data unless he or she can demonstrate compelling legitimate grounds for processing that outweigh the interests, rights and freedoms of the data subject, or the processing is for the purpose of enforcing, pursuing or defending legal claims.

If personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. If you object to processing for direct marketing purposes, the personal data will no longer be processed for such purposes.

Regarding the use of information society services, regardless of Directive 2002/58/EC, you can exercise your right to object through automated procedures that use technical specifications.

You have the right, for reasons of your own particular situation, to object to the processing of personal data concerning you for scientific or historical research purposes or for statistical purposes under Article 89(1), except when the processing is necessary to fulfill a public interest task.

The right of objection can be exercised at any time by contacting the respective person responsible.

(9) Automated individual decision-making, including profiling
You have the right not to be subjected to a decision based solely on automated processing - including profiling - that will have legal effect or affect you in a similar manner. This does not apply if the decision:

  1. is necessary for the conclusion or performance of a contract between the data subject and the responsible person,
  2. is authorised by Union or Member State law to which the responsible person is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
  3. is based on your explicit consent.

The responsible person shall take reasonable steps to safeguard the rights and freedoms and legitimate interests of the data subject, including at least the right to obtain the intervention of a person by the responsible person, to express his or her own position and to challenge the decision.

This right can be exercised by the data subject at any time by addressing himself/herself to the responsible person.

(10) Right to complain with 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 relating to you infringes this regulation.

(11) Right to effective judicial remedy
Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority under Article 77 GDPR, you have the right to an effective judicial remedy where you consider that your rights under this regulation have been infringed as a result of the processing of your personal data in non-compliance with this regulation.

Integration of Google Maps

(1) On this website we offer a link to Google Maps. If you click on it, you will be redirected to the Google Maps page. If you do not want personal information to be shared with Google, please log out of Google before clicking the link.

(2) By visiting the website, Google receives the information that you have accessed the corresponding subpage of our website. In addition, the data mentioned under paragraph 3 of this declaration will be transmitted. This is done regardless of whether Google provides a user account that you are logged in to, or if there exists no user account. When you are logged in to Google, your data will be assigned directly to your account. If you do not wish to be assigned to your profile on Google, you must log out before activating the button. Google stores your data as usage profiles and uses them for purposes of advertising, market research and/or tailor-made website design. Such an evaluation is done in particular (even for users who are not logged in) to provide appropriate advertising and to inform other users of the social network about your activities on our website. You have a right of objection to the creation of these user profiles. In order to exercise this right, you have to contact Google.

(3) Further information on the purpose and scope of the data collection and its processing by the plug-in provider can be found in the provider's privacy policy. You can also find more information about your rights and privacy settings here: http://www.google.de/intl/de/policies/privacy.

Google also processes your personal information in the United States and has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US Framework.

Folkwang Ticketing/Shop

Of course, we offer you the possibility to order tickets via us.

(1) Online form
For an order via the online form we need the following information about the fulfillment of the contract:

  • E-Mail address
  • Event (s) for which you wish tickets
  • Address/comments so that we can send the tickets or process your request.

(2) By e-mail
You can send us your ticket requests by e-mail to: karten@folkwang-uni.de. You then pick up your tickets directly at the Folkwang Shop or at the box office.

(3) On the phone
We are also happy to offer you a telephone order at the indicated opening times. For this we also need some data for the performance of the contract. Our colleagues will inform you about the data required.

(4) Folkwang Shop
The last option of the offered ticket order is the personal purchase in our Folkwang Shop.

Download area

The download area on our website does not require registration. There, files deposited by us are made available for download. We hold the copyrights for the pictures and texts used.

Disclaimer

Our website contains links to other websites of third parties on whose contents the Folkwang Agentur has no influence. We cannot take the responsibility for these external contents. The respective provider or operator of the pages is responsible for the contents of the linked websites. Therefore, please take a look at the data protection declarations of the respective websites. However, a permanent content control of the linked pages is not reasonable without concrete evidence of an infringement. When we become aware of violations, we will remove such links immediately.

Status of the data protection declaration

We reserve the right to adapt the data protection declaration to current legal developments. You will always find a date with the last change of the privacy policy at the end of the declaration. Please follow the changes based on the date.

Last change: 27.08.2018