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Data protection

Data protection

Privacy policy

Thank you for your interest in our company. Data protection has a particularly high priority for the Karneval der Kulturen (KdK) at Piranha Arts AG. The usage of the KdK websites at Piranha Arts AG is generally possible without providing any personal data. However, if a person concerned wishes to make use of special services offered by our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the person concerned.

The processing of personal data, such as the name, address, e-mail address or telephone number of a person concerned, is always carried out in accordance with the Basic Data Protection Regulation and in compliance with the country-specific data protection regulations applicable to the KdK at Piranha Arts AG. By means of this data protection declaration, our company wishes to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, this data protection declaration informs affected persons about their rights.

The KdK at Piranha Arts AG, as the person responsible for processing, has implemented numerous technical and organisational measures to ensure that the personal data processed via this website is as protected as possible. Nevertheless, internet-based data transmissions can experience security gaps, so absolute protection cannot be guaranteed. For this reason, every person has to option of transmitting personal data to us by alternative means (i.e. over the telephone).

 

1. Definitions

The data protection declaration of the KdK at Piranha Arts AG is based on the terminology used by the European legislator for directives and regulations when the basic data protection regulation (DS-GVO) was issued. Our data protection declaration should be easy to read and understand both for the public and for our customers and business partners. To ensure this, we have offered definitions of the terms used within our documents:

(a) 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 identification such as a name, an identification number, location data, on-line identification or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

(b) data subject

Data subject means any identified or identifiable natural person whose personal data  is processed by the controller.

(c) processing

Processing is any operation or set of operations, performed with or without the aid of automated means, which is performed upon personal data, such as collection, recording, organisation, sorting, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

(d) restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.

(e) profiling

Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, conduct, location or change of location of that natural person.

(f) pseudonymisation

Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the need for additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data is not attributed to an identified or identifiable natural person.

(g) controllers or data processors

A controller or data processor 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 EU or national law, the controller or the specific criteria for his or her designation may be laid down by EU or national law.

(h) processor

A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

(i) recipient

A recipient is a natural or legal person, public authority, agency or other body to whom personal data is disclosed, whether or not it is a third party. However, authorities which may receive personal data in the context of a specific investigation mandate under EU or national law shall not be considered as recipients.

(j) third parties

Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorised to process the personal data.

(k) consent

Consent shall mean any freely given and informed unequivocal expression of the data subject's wishes in the specific case, in the form of a statement or any other unequivocal affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.

2. the name and address of the controller

Responsible in the sense of the basic data protection regulation, other data protection laws applicable in the member states of the European Union and other regulations with data protection character is the:

Karneval der Kulturen
Piranha Arts AG
Kreuzbergstraße 30
10965 Berlin
Germany
phone: +4930346555960
e-mail: info@karneval.berlin
website: www.karneval.berlin

 

3. Collection of general data and information

The KdK's website at Piranha Arts AG collects general data and information each time the website is accessed by a data subject or automated system. This general data and information is stored in the server log files. The following can be recorded: (1) browser types and versions used; (2) the operating system used by the accessing system; (3) the website from which an accessing system accesses our website (so-called referrer); (4) the sub-websites that are accessed via an accessing system on our website; (5) the date and time of an access to the Internet site; (6) an Internet Protocol address (IP address); (7) the Internet service provider of the accessing system; and (8) other similar data and information which serve to avert danger in the event of attacks on our information technology systems.

When using this general data and information, the KdK at Piranha Arts AG will not draw any conclusions about the person concerned. This information is rather required to (1) deliver the contents of our website correctly; (2) to optimize the contents of our website, as well as the advertising for it; (3) to ensure the permanent functionality of our information technology systems and the technology of our website; and (4) to provide law enforcement authorities with the information necessary for prosecution in the case of a cyber-attack. This anonymously collected data and information is therefore statistically evaluated by the KdK at Piranha Arts AG on the one hand and also with the aim of increasing data protection and data security in our company,to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a person concerned.

 

4. Registration on our website

The data subject shall have the possibility to register on the website of the controller by providing personal data. The personal data transmitted to the controller are indicated in the registration form. The personal data entered by the data subject shall be collected and stored solely for internal use by the controller and for his own purposes. The controller may arrange for the personal data to be disclosed to one or more processors, such as a parcel service provider, which will also use the personal data exclusively for internal use attributable to the controller.

Registration on the controller's website will also record the IP address assigned to the data subject by the Internet Service Provider (ISP), the date and time of registration. The storage of this data is carried out against the background that this is the only way to prevent the misuse of our services and, if necessary, to enable the clarification of criminal offences committed. To this extent, the storage of this data is necessary to protect the proprietor of the data processing. As a matter of principle, this data will not be passed on to third parties unless there is a legal obligation to do so or the passing on of the data serves criminal prosecution.

The registration of the data subject under voluntary disclosure of personal data serves the data controller to offer the data subject content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have them completely deleted from the data stock of the data controller.

The data controller shall at any time upon request provide any data subject with information as to which personal data relating to the data subject are stored. Furthermore, the data controller shall correct or delete personal data at the request or notification of the data subject, unless this is contrary to any legal obligation to retain data. The entire staff of the controller is available to the data subject as contact persons in this context.

 

5. Subscription to our newsletter

On the KdK's website at Piranha Arts AG, users are given the opportunity to subscribe to our company's newsletter. The subscription form used for this purpose indicates which personal data is transferred to the person responsible for processing when ordering the newsletter.

Piranha Arts AG informs its customers and business partners regularly by means of a newsletter about company offers. The company newsletter can only be received by the person concerned if (1) the person concerned has a valid email address and (2) the person concerned registers for the newsletter. For legal reasons, a confirmation e-mail will be sent to the e-mail address first registered by a data subject for newsletter dispatch using the double opt-in procedure. This confirmation e-mail is used to check whether the owner of the e-mail address has authorised the receipt of the newsletter as a data subject.

When registering for the newsletter, we also save the IP address assigned by the Internet Service Provider (ISP) of the computer system used by the person concerned at the time of registration, as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a data subject at a later date and therefore serves to provide legal protection for the person responsible for processing.

The personal data collected during registration for the newsletter is used exclusively for sending our newsletter. Furthermore, subscribers to the newsletter are informed by e-mail if this is necessary for the operation of the newsletter service or for registration, as might be the case if there are changes to the newsletter offer or if technical conditions change. The personal data collected within the scope of the newsletter service will not be passed on to third parties. The subscription to our newsletter can be cancelled by the person concerned at any time. The consent to the storage of personal data, which the person concerned has given us for the newsletter service, can be revoked at any time. For the purpose of revoking this consent, a corresponding link can be found in every newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the data controller or to inform the data controller in another way.

 

6. Newsletter tracking

The newsletters for KdK and Piranha Arts AG purposes contain so-called counting pixels. A tracking pixel is a thumbnail graphic embedded in e-mails sent in HTML format to enable log file recording and log file analysis. This enables a statistical evaluation of the success or failure of online marketing campaigns. By means of the embedded pixel-code, Piranha Arts AG can recognise whether and when an email has been opened and which links contained in the email have been called up by the person concerned.

Such personal data collected via the embedded tracking pixels in the newsletters are stored and evaluated by the responsible party in order to optimise the newsletter dispatch and to adapt the content of future newsletters even better to the interests of the data subject. This personal data is not passed on to third parties. Affected persons are entitled to revoke the separate declaration of consent submitted in this regard via the double opt-in procedure at any time. After revocation, this personal data will be deleted by the data controller. A cancellation of the receipt of the newsletter is automatically interpreted by Piranha Arts AG as a revocation.

 

7. Possibility of contact via the website

Due to legal regulations, the website of the KdK and at Piranha Arts AG contains information that enables rapid electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (e-mail address). If a data subject contacts the responsible party by e-mail or via a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted by a data subject to the controller on a voluntary basis will be stored for the purposes of processing or contacting the data subject. Such personal data shall not be disclosed to third parties.

 

8. Routine erasure and blocking of personal data

The controller shall process and store personal data relating to the data subject only for the time necessary to achieve the purpose of storage or where provided for by the European Directives and Regulations or by any other law or regulation to which the controller is subject.

If the purpose of storage ceases to apply or if a storage period prescribed by the European Directives and Regulations Giver or any other competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.

 

9. Rights of the data subject

(a) right to confirmation

Every data subject has the right granted by the European legislator to obtain confirmation from the controller that personal data relating to him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.

(b) right of access

Any person affected by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain at any time and free of charge from the controller information on the personal data stored in relation to him/her and a copy thereof. Furthermore, the European Data Protection Supervisor has granted the data subject access to the following information:

the purposes of processing;

the categories of personal data processed;

the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular to recipients in third countries or international organisations;

if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;

the existence of a right of rectification or erasure of personal data concerning him or her or of a restriction on processing by the controller or a right to object to such processing;

the existence of a right of appeal to a supervisory authority;

if the personal data is not collected from the data subject: all available information on the origin of the data;

the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the DPA and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the data subject.

The data subject shall also have the right to obtain information as to whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards relating to the transfer.

If a data subject wishes to exercise this right of access, he or she may at any time contact an employee of the controller.

(c) right of rectification

Any person affected by the processing of personal data has the right, granted by the European legislator, to request the rectification without delay of inaccurate personal data concerning him or her. The data subject shall also have the right to obtain the completion of incomplete personal data, including by means of a supplementary declaration, having regard to the purposes of the processing.

If a data subject wishes to exercise this right of rectification, he or she may at any time contact an employee of the controller.

(d) right of deletion (right to be forgotten)

Any person affected by the processing of personal data has the right, granted by the European Directive and Regulation Giver, to obtain from the controller the immediate erasure of personal data relating to him/her, if one of the following reasons applies and if the processing is not necessary:

the personal data have been collected or otherwise processed for purposes for which they are no longer necessary;

the data subject withdraws the consent on which the processing was based pursuant to Article 6(1)(a) of the DPA or Article 9(2)(a) of the DPA and there is no other legal basis for the processing;

the data subject lodges an objection to the processing pursuant to Article 21 (1) DPA and there are no overriding legitimate reasons for the processing, or the data subject lodges an objection to the processing pursuant to Article 21 (2) DPA;

the personal data was processed unlawfully;

the deletion of the personal data is necessary to comply with a legal obligation under EU or national law to which the controller is subject;

the personal data was collected in relation to information society services offered, in accordance with Article 8(1) of the DS-GVO.

If any of the above reasons apply and a data subject wishes to have personal data stored by Piranha Arts AG for the KdK deleted, he/she may at any time contact an employee of the controller for this purpose. The employee of the KdK at Piranha Arts AG will ensure that the request for deletion is complied with immediately.

If the personal data has been made public by the KdK at Piranha Arts AG and our company is the responsible party pursuant to Art. 17, Para. 1 DS-GVO, Piranha Arts AG will take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data controllers who process the published personal data that the data subject has requested  other data controllers to delete all links to this personal data or copies or replications of this personal data, unless the processing is necessary. The KdK employee at Piranha Arts AG will arrange the necessary steps  on an individual basis.

(e) right to restrict processing

Any person concerned by the processing of personal data has the right, granted by the European legislator, to obtain from the controller the restriction of the processing if one of the following conditions is met:

the accuracy of the personal data is contested by the data subject, for a period of time sufficient to enable the controller to verify the accuracy of the personal data;

the processing is unlawful, the data subject refuses to have the personal data deleted and instead requests the restriction of the use of the personal data;

the controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to assert, exercise or defend legal claims;

the data subject has lodged an objection to the processing in accordance with Article 21 (1) of the DPA and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.

If one of the above-mentioned conditions is met and a data subject wishes to request the restriction of personal data stored by Piranha Arts AG, he/she may at any time contact an employee of the data controller. The employee of the KdK at Piranha Arts AG will arrange for the restriction of the processing.

(f) right to data portability

Any person affected by the processing of personal data has the right, granted by the European Directive and Regulation Giver, to receive the personal data concerning him/her provided by the data subject to a controller in a structured, common and machine-readable format. He/she also has the right to have this data communicated to another controller without hindrance from the controller to whom the personal data has been made available, provided that the processing is based on the consent pursuant to Article 6 paragraph 1 letter A of the DPA or Article 9 paragraph 2 letter A of the DPA or on a contract pursuant to Article 6 paragraph 1 letter B of the DPA and that the processing is carried out by means of automated procedures, unless the processing is 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 their right to data transfer in accordance with Art. 20 Paragraph 1 of the DPA, the data subject has the right to request that personal data be transferred directly from one controller to another controller, insofar as this is technically feasible, provided that it does not adversely affect the rights and freedoms of other persons.

In order to assert the right to data transfer, the person concerned may at any time contact an employee of the KdK at Piranha Arts AG.

(g) right of objection

Every person concerned by the processing of personal data has the right, granted by the European legislator, to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her carried out pursuant to Article 6(1)(e) or (f) of the DPA. This also applies to profiling based on these provisions.

In the event of an objection, the KdK at Piranha Arts AG will no longer process the personal data unless we can prove compelling reasons for processing worthy of protection that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

If the KdK processes personal data at Piranha Arts AG for the purpose of direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling, insofar as it is related to such direct mail. If the data subject objects to the KdK at Piranha Arts AG to the processing for the purposes of direct marketing, the KdK at Piranha Arts AG will no longer process the personal data for these purposes.

In addition, the data subject shall have the right to object, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her carried out by the KdK at Piranha Arts AG for scientific or historical research purposes or for statistical purposes in accordance with Art. 89, para. 1 of the DS-GVO, unless such processing is necessary for the performance of a task carried out in the public interest.

In order to exercise the right of objection, the data subject may directly contact any employee of the KdK at Piranha Arts AG or any other employee. The data subject is also free to exercise his/her right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures involving technical specifications.

(h) automated case-by-case decisions including profiling

Every person concerned by the processing of personal data has 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/her or significantly affects him/her in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorised by EU or national legislation to which the controller is subject and that such legislation provides for adequate measures to safeguard the rights and freedoms and legitimate interests of the data subject, or (3) is taken with the explicit consent of the data subject.

Where the decision is (1) necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) with the express consent of the data subject, the KdK shall take reasonable steps at Piranha Arts AG to safeguard the rights and freedoms and the legitimate interests of the data subject, including at least the right to obtain the intervention of a person from the controller, to present his or her point of view and to challenge the decision.

If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time contact a member of staff of the controller.

(i) right to withdraw data protection consent

Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation Giver, to revoke his or her consent to the processing of personal data at any time.

If the data subject wishes to exercise his or her right to withdraw consent, he or she may at any time contact an employee of the controller.

 

10. Data protection in applications and in the application process

The controller collects and processes the personal data of applicants for the purpose of processing the application procedure. The processing may also be carried out by electronic means. This is particularly the case if an applicant submits the relevant application documents to the controller electronically, for example by e-mail or via a web form on the website. If the data controller concludes an employment contract with an applicant, the transmitted data is stored for the purpose of processing the employment relationship in accordance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents shall be automatically deleted two months after notification of the decision to reject the application, unless deletion is contrary to other legitimate interests of the controller. Other legitimate interests in this sense include, for example, a duty of proof in proceedings under the General Equal Treatment Act (AGG).

 

11. Legal basis of the processing

Art. 6 I lit. a DS-GVO serves our company as a 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 a party, as is the case, for example, with processing operations necessary for the supply of goods or provision of other services or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations which are necessary to carry out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which makes it necessary to process personal data, for example to fulfil tax obligations, processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor was injured in our company and his or her name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third party. The processing would then be based on Art. 6 I lit. d DS-GVO. Finally, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 sentence 2 DS-GVO).

 

12. Legitimate interests in the processing pursued by the controller or a third party

If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is to carry out our business activities for the benefit of the well-being of all our employees and shareholders.

 

13. Duration for which personal data is  stored

The criterion for the duration of storage of personal data is the respective legal retention period. After expiry of the period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfilment or initiation of the contract.

 

14. Legal or contractual provisions on the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data

We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be completed that a data subject provides  personal data, which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company completes a contract with him/her. Failure to provide the personal data would mean that the contract with the person concerned cannot be completed. Before the provision of personal data by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.

 

15. Existence of automated decision-making

As a responsible company, we avoid automatic decision making or profiling.

 

16. KdK App

Piranha Arts AG has created the KdK app as a free app. By using our service, you consent to the collection and use of information in connection with this policy. The personal information we collect is used to provide and improve the service. We will only use or share your information with third parties as described in this privacy policy.

To improve our service, you may be asked to provide us with certain personal information, including but not limited to your location. The information we request will be stored by us and used as described in this Privacy Policy.

The App uses third-party services that may collect information that identifies you.

Links to the third-party privacy policies used by the App:

    Google Play Services https://policies.google.com/privacy

    Mapbox https://www.mapbox.com/privacy/ 

    Firebase Analytics https://firebase.google.com/policies/analytics

    Logfiles (as specified below)

Location: Your location is only used to show your current location on the mapbox map, and only if you explicitly allow the app to do so.

Log Files: Whenever you use our service, we collect data and information (about third-party products) on your phone in the event of an error in the App, which is called log files. These log files may contain information such as the IP (Internet Protocol) address of your device, the device name, the operating system version, the configuration of the App when using our service, the time and date of your use of the service and other statistics.

This privacy statement was created by the data protection declaration generator DS-GVO of the Deutsche Gesellschaft für Datenschutz in cooperation with the law firm for media law WILDE BEUGER SOLMECKE | Rechtsanwälte from Cologne.

 

Use of Facebook plugins

On these Internet pages, plug-ins of the social network facebook.com are used, which is operated by Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook").

If you call up Internet pages of our Internet presence that are equipped with such a plug-in, a connection to the Facebook servers is established and the plug-in is displayed on the Internet page by informing your browser. This tells the Facebook server which of our Internet pages you have visited. If you are logged in as a member of Facebook, Facebook assigns this information to your personal Facebook user account. When using the plug-in functions (e.g. clicking the "Like" button, submitting a comment) this information is also assigned to your Facebook account, which you can only prevent by logging out before using the plug-in.

You can find more information on the collection and use of data by Facebook, on your rights in this regard, and on ways to protect your privacy in the Facebook privacy policy.