Data protection declaration

This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the associated websites, functions and contents as well as external online presences, such as our social media profile (hereinafter referred to collectively as “online offer”). This data protection declaration also clarifies the type, scope and purpose of the processing of your data which you send us as a participant in a project organized by us. With regard to the terms used, such as “processing” or “responsible person”, we refer to the definitions in Art. 4 of the Basic Data Protection Regulation (DSGVO).

Responsible person

German Association of Amateur Orchestras
Glashütter Str. 101a
info@bdlo.de
Managing Director: Jasko Dolezalek
Imprint: https://www.bdlo.org/impressum/

Types of data processed:

• Inventory data (e.g., names, addresses).
• Contact data (e.g., e-mail, telephone numbers).
• Content data (e.g., text input, photographs, videos).
• Usage data (e.g., visited websites, interest in content, access times).
• Meta/communication data (e.g., device information, IP addresses).

Categories of data subjects

Visitors and users of the online offer (in the following we will refer to the persons concerned collectively as “users”).

Purpose of processing

• Provision of the online offer, its functions and contents.
• Answering of contact requests and communication with users.
• Security measures.
• Reach Measurement/Marketing

Used terms
“Personal data” shall mean any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”). An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, a location data, an online identifier (e.g. a cookie) or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Processing” means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and covers virtually all data handling.

“Pseudonymisation” shall mean the processing of personal data in such a way that the personal data cannot be related to a specific data subject without the inclusion of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data is not related to an identified or identifiable natural person

“Profiling” shall mean any automated processing of personal data consisting in using such personal data to evaluate certain personal aspects relating to a natural person, in particular with a view to analysing or predicting aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movements of that natural person

The term “controller” shall mean 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.

The term “processor” means any natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller

Applicable legal basis

In accordance with Art. 13 DSGVO we inform you about the legal basis of our data processing. If the legal basis is not stated in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 Para. 1 lit. a and Art. 7 DSGVO, the legal basis for processing for the purpose of fulfilling our services and implementing contractual measures and answering inquiries is Art. 6 Para. 1 lit. b DSGVO, the legal basis for processing for the purpose of fulfilling our legal obligations is Art. 6 Para. 1 lit. c DSGVO, and the legal basis for processing for the purpose of safeguarding our legitimate interests is Art. 6 Para. 1 lit. f DSGVO. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO serves as the legal basis.

Security measures

In accordance with Art. 32 DSGVO and taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the varying probability of occurrence and severity of the risk to the rights and freedoms of natural persons, we take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk.

The measures include in particular the safeguarding of the confidentiality, integrity and availability of data by controlling the physical access to the data as well as the access, input, disclosure, safeguarding of availability and its separation. Furthermore, we have established procedures to ensure that data subjects’ rights are exercised, data is deleted, and we respond to any threats to the data. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and through data protection-friendly presettings (Art. 25 DSGVO).

Cooperation with contract processors and third parties

If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transfer it to them or otherwise grant them access to the data, this is only done on the basis of a legal authorization (e.g. if a transfer of the data to third parties, such as payment service providers, is necessary for the performance of the contract in accordance with Art. 6 para. 1 lit. b DSGVO), if you have consented, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

If we commission third parties to process data based on a so-called “contract processing agreement”, this is done based on Art. 28 DSGVO.

Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using the services of third parties or disclosure or transfer of data to third parties, this will only take place if it is done to fulfil our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we will only process or transfer the data in a third country if the special requirements of Art. 44 ff. DSGVO. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a level of data protection corresponding to that of the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).

Rights of the data subjects

You have the right to request confirmation as to whether or not data in question is being processed, to receive information about this data, and to receive further information and a copy of the data in accordance with Art. 15 of the Data Protection Act.

You have accordingly. Art. 16 DSGVO the right to request the completion of data concerning you or the correction of incorrect data concerning you.

In accordance with Art. 17 DSGVO, you have the right to demand that data concerning you be deleted immediately, or alternatively, in accordance with Art. 18 DSGVO, to demand that the processing of the data be restricted.

You have the right to demand that the data concerning you, which you have made available to us, be received in accordance with Art. 20 DSGVO and to demand its transfer to other responsible parties.

You also have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 DSGVO.

Right of withdrawal

You have the right to revoke consents granted in accordance with Art. 7 para. 3 DSGVO with effect for the future

Right of objection

You can object to the future processing of data concerning you at any time in accordance with Art. 21 DSGVO. The objection may in particular be made against processing for the purposes of direct advertising.

Cookies and right of objection for direct advertising

Cookies” are small files that are stored on the user’s computer. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his visit to an online service. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, for example, the contents of a shopping cart in an online store or a login status can be stored. Cookies are described as “permanent” or “persistent” if they remain stored even after the browser is closed. For example, the login status can be saved if the user visits it after several days. Likewise, the interests of the users can be stored in such a cookie, which is used for range measurement or marketing purposes. Third-party cookies are cookies that are offered by providers other than the person responsible for operating the online service (otherwise, if it is only their cookies, it is called “first-party cookies”). We may use temporary and permanent cookies and provide information on this in our privacy policy.

If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional limitations of this online offer.

A general objection to the use of cookies used for online marketing purposes can be declared for many of the services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by deactivating them in the browser settings. Please note that in this case not all functions of this online offer can be used.

Deletion of data

The data processed by us will be deleted or limited in their processing in accordance with articles 17 and 18 DSGVO. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage obligations. If the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. 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. According to legal requirements in Germany, the storage is in particular for 10 years in accordance with §§ 147 para. 1 AO, 257 para. 1 nos. 1 and 4, para. 4 HGB (books, records, management reports, accounting vouchers, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with § 257 para. 1 nos. 2 and 3, para. 4 HGB (commercial letters). According to legal requirements in Austria, the storage is in particular for 7 J according to § 132 para. 1 BAO (accounting documents, vouchers / invoices, accounts, receipts, business documents, statement of income and expenditure, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.

Business-related processing

Additionally we process

• Contract data (e.g., object of contract, duration, customer category).
• Payment data (e.g., bank details, payment history)

by our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.

 Order processing in the online store and customer account

We process the data of our customers in the context of the order procedures in our online store, in order to make the selection and the order of the selected products and services, as well as their payment and delivery, and/or execution possible for them.

The processed data includes inventory data, communication data, contract data, payment data and the persons affected by the processing include our customers, interested parties and other business partners. The processing is carried out for providing contractual services within the operation of an online store, billing, delivery and customer services. We use session cookies to store the contents of the shopping cart and permanent cookies to store the login status.

The processing is based on art. 6 para. 1 lit. b (execution of order processes) and c (legally required archiving) DSGVO. The information marked as required is required to establish and fulfil the contract. We disclose the data to third parties only within the scope of delivery, payment or within the scope of the legal permissions and obligations to legal advisors and authorities. The data will only be processed in third countries if this is necessary for the fulfilment of the contract (e.g. upon customer request for delivery or payment).

Users can optionally create a user account, in particular by viewing their orders. During the registration process, the required mandatory data will be provided to the users. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their safekeeping is necessary for reasons of commercial or tax law in accordance with Art. 6 para. 1 lit. c DSGVO. Data in the customer account shall remain in the customer account until its deletion with subsequent archiving in the event of a legal obligation. It is the responsibility of the users to save their data in case of termination before the end of the contract.

Within the scope of registration and renewed logins and use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user’s need for protection against misuse and other unauthorized use. This data will not be passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c DSGVO.

Deletion is carried out after the expiry of legal warranty and comparable obligations, the necessity of storing the data is reviewed every three years; in the case of legal archiving obligations, deletion is carried out after their expiry (end of commercial (6 years) and tax (10 years) storage obligation).

Agency services

We process the data of our customers within the scope of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development/consulting or maintenance, implementation of campaigns and processes/handling, server administration, data analysis/consulting services and training services.

We process inventory data (e.g., customer master data, such as names or addresses), contact data (e.g., e-mail, telephone numbers), content data (e.g., text entries, photographs, videos), contract data (e.g., subject matter of the contract, duration), payment data (e.g., bank details, payment history), usage and meta data (e.g., in the context of evaluation and performance measurement of marketing measures). As a matter of principle, we do not process special categories of personal data, unless they are part of a commissioned processing. Those affected include our customers, interested parties and their customers, users, website visitors or employees as well as third parties. The purpose of processing is to provide contractual services, billing and our customer service. The legal basis of the processing is derived from Art. 6 para. 1 letter b DSGVO (contractual services), Art. 6 para. 1 letter f DSGVO (analysis, statistics, optimization, security measures). We process data which are necessary for the justification and fulfilment of the contractual services and point out the necessity of their disclosure. Disclosure to external parties will only be made if it is necessary within the scope of an order. When processing the data provided to us within the scope of an order, we act in accordance with the instructions of the client and the legal requirements of an order processing in accordance with Art. 28 DSGVO and do not process the data for any other purposes than those specified in the order.

We delete the data after the expiry of statutory warranty and comparable obligations. The necessity of storing the data is reviewed every three years; in the case of statutory archiving obligations, deletion takes place after the expiry of these obligations (6 years in accordance with § 257 para. 1 HGB, 10 years in accordance with § 147 para. 1 AO). In the case of data that has been disclosed to us by the client within the scope of an order, we delete the data in accordance with the specifications of the order, in principle after the end of the order.

Contractual services

We process the data of our contractual partners and interested parties as well as other principals, customers, clients, clients or contractual partners (uniformly referred to as “contractual partners”) in accordance with Art. 6 para. 1 lit. b. DSGVO in order to provide them with our contractual or pre-contractual services. The data processed in this context, the nature, scope and purpose and the necessity of their processing, are determined by the underlying contractual relationship.

The processed data includes the master data of our contractual partners (e.g., names and addresses), contact data (e.g., e-mail addresses and telephone numbers) as well as contract data (e.g., services used, contract contents, contractual communication, and names of contact persons) and payment data (e.g., bank details, payment history). As a matter of principle, we do not process special categories of personal data, unless these are part of a commissioned or contractual processing.

We process data, which are necessary for the justification and fulfilment of the contractual services and point out the necessity of their disclosure, if this is not evident to the contractual partners. Disclosure to external persons or companies will only be made if it is necessary within the scope of a contract. When processing the data provided to us within the framework of an order, we act in accordance with the instructions of the client and the legal requirements.

When using our online services, we may store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the interests of the users in protection against misuse and other unauthorized use. This data will not be passed on to third parties, unless it is necessary to pursue our claims in accordance with Art. 6 Par. 1 lit. f. DSGVO or if there is a legal obligation to do so in accordance with Art. 6 para. 1 lit. c. DSGVO.

The data will be deleted when the data is no longer necessary for the fulfilment of contractual or statutory duties of care and for dealing with any warranty or comparable duties, whereby the necessity of keeping the data will be reviewed every three years; otherwise the statutory duties of safekeeping apply.

Administration, financial accounting, office organization, contact management

We process data within the framework of administrative tasks as well as the organization of our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process within the scope of providing our contractual services. The basis for processing is art. 6 par. 1 lit. c. DSGVO, Art. 6 para. 1 lit. f. DSGVO. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose of and our interest in processing lies in the administration, financial accounting, office organization, archiving of data, i.e. tasks that serve to maintain our business activities, perform our tasks and provide our services. The deletion of the data with regard to contractual services and contractual communication corresponds to the data mentioned in these processing activities.

We disclose or transfer data to the tax authorities, consultants, such as tax advisors or auditors, and other fee earners and payment service providers.

Furthermore, we store information on suppliers, event organizers and other business partners based on our business interests, e.g. for the purpose of contacting them at a later date. We store these mostly company-related data permanently.

Business management analyses and market research

In order to run our business economically, to identify market trends, wishes of contract partners and users, we analyze the data available to us on business transactions, contracts, inquiries, etc. We process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 para. 1 lit. f. DSGVO, whereby the persons concerned include contractual partners, interested parties, customers, visitors and users of our online offer.

The analyses are carried out for the purpose of business management evaluations, marketing and market research. In doing so, we can take into account the profiles of the registered users with information, e.g. on the services they have used. The analyses serve us to increase user-friendliness, to optimize our offer and business efficiency. The analyses serve only us and are not disclosed externally, unless they are anonymous analyses with summarized values.

If these analyses or profiles are personal, they will be deleted or made anonymous upon termination by the user, otherwise after two years from the conclusion of the contract. In all other respects, the macroeconomic analyses and general trend determinations are prepared anonymously wherever possible.

Provision of our statutory and business services

 We process the data of our members, supporters, interested parties, customers or other persons in accordance with Art. 6 para. 1 lit. b. DSGVO, if we offer contractual services to them or become active within the framework of existing business relationships, e.g. to members, or if we ourselves are recipients of services and benefits. Otherwise, we process the data of affected persons in accordance with Art. 6 Para. 1 lit. f. DSGVO on the basis of our legitimate interests, e.g. if it concerns administrative tasks or public relations.

The data processed, the type, scope and purpose of such processing and the necessity of its processing are determined by the underlying contractual relationship. This includes inventory and master data of persons (e.g., name, address, etc.), as well as contact data (e.g., e-mail address, telephone number, etc.), contract data (e.g., services used, contents and information provided, names of contact persons) and, if we offer services or products that require payment, payment data (e.g., bank details, payment history, etc.).

We delete data that is no longer necessary for the provision of our statutory and business purposes. This is determined according to the respective tasks and contractual relationships. In the case of business processing, we retain the data for as long as it may be relevant to the business transaction, as well as with regard to any warranty or liability obligations. The necessity of storing the data is reviewed every three years; otherwise, the statutory storage obligations apply.

Registration function

Users can create a user account. In the course of registration, the required mandatory data will be communicated to the users and processed on the basis of Art. 6 para. 1 lit. b DSGVO for the purposes of providing the user account. The processed data includes in particular the login information (name, password and an e-mail address). The data entered during registration will be used for the purposes of using the user account and its purpose.

Users can be informed by e-mail about information relevant to their user account, such as technical changes. If users have cancelled their user account, their data with regard to the user account will be deleted, subject to a legal obligation to keep records. It is the responsibility of users to back up their data before the end of the contract if they have terminated it. We are entitled to irretrievably delete all of the user’s data stored during the contract period.

Within the scope of the use of our registration and login functions as well as the use of the user account, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user’s protection against misuse and other unauthorized use. In principle, this data will not be passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c DSGVO. The IP addresses will be anonymized or deleted after 7 days at the latest.

Comments and contributions

If users leave comments or other contributions, their IP addresses may be changed on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO for 7 days. This is done for our security in case someone leaves illegal content in comments and contributions (insults, prohibited political propaganda, etc.). In this case we can be prosecuted ourselves for the comment or contribution and are therefore interested in the identity of the author.

Furthermore, we reserve the right, on the basis of our legitimate interests according to Art. 6 para. 1 lit. f. DSGVO, to process the information provided by users for the purpose of spam detection.

On the same legal basis, we reserve the right to store the IP addresses of users for the duration of surveys and to use cookies in order to avoid multiple voting.

The data provided in the context of the comments and contributions will be stored permanently by us until the users object.

Contact

When contacting us (e.g. via contact form, e-mail, telephone or via social media), the user’s details are processed for the purpose of processing the contact request and its handling in accordance with Art. 6 Para. 1 lit. b) DSGVO. The user’s details may be stored in a customer relationship management system (“CRM system”) or comparable inquiry organization.

We will delete the inquiries if they are no longer required. We review the necessity every two years; furthermore, the statutory archiving obligations apply.

Newsletter

With the following notes we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedure and your rights of objection. By subscribing to our newsletter, you agree to receive it and to the described procedures.

Content of the newsletter: We send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter referred to as “newsletter”) only with the consent of the recipients or a legal permission. If, in the course of registering for the newsletter, its contents are specifically described, they are decisive for the consent of the users. Furthermore, our newsletters contain information about our services and us.

Double-Opt-In and logging: The registration to our newsletter is done in a so-called Double-Opt-In procedure. This means that after registration you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that no one can register with foreign e-mail addresses. The newsletter registrations are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. Changes to your data stored by the shipping service provider are also logged.

Registration data: To subscribe to the newsletter, it is sufficient to enter your e-mail address. Optionally, we ask you to enter a name for personal contact in the newsletter.

The dispatch of the newsletter and the associated measurement of success are based on the consent of the recipients in accordance with Art. 6 Para. 1 lit. a, Art. 7 DSGVO in conjunction with § 7 Para. 2 No. 3 UWG or, if consent is not required, on our legitimate interests in direct marketing in accordance with Art. 6 Para. 1 lt. f. DSGVO in conjunction with § Section 7 para. 3 of the UWG.

The registration procedure is recorded on the basis of our legitimate interests in accordance with Art. 6 Para. 1 lit. f DSGVO. We are interested in the use of a user-friendly and secure newsletter system that serves our business interests as well as the expectations of the users and also allows us to prove their consent.

Cancellation/revocation – You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. We may store the unsubscribed e-mail addresses for up to three years based on our legitimate interests before we delete them to prove that you have previously given your consent. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for deletion is possible at any time, provided that the former existence of a consent is confirmed at the same time.

Newsletter – CleverReach

The newsletter is sent by the mail service provider CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede, Germany. You can view the data protection regulations of the mail-order service provider here: https://www.cleverreach.com/de/datenschutz/. The shipping service provider is used on the basis of our legitimate interests in accordance with Art. 6 para. 1 lit. f DSGVO and an order processing contract in accordance with Art. 28 para. 3 p. 1 DSGVO.

The dispatch service provider may use the data of the recipients in pseudonymous form, i.e. without allocation to a user, to optimize or improve its own services, e.g. for technical optimization of dispatch and presentation of the newsletter or for statistical purposes. However, the dispatch service provider does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.

 Newsletter – measurement of success

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 mailing service provider, from their server. Within the scope of this retrieval, technical information such as information on the browser and your system, as well as your IP address and time of retrieval are initially collected.

This information is used for the technical improvement of the services based on the technical data or the target groups and their reading behavior based on their retrieval locations (which can be determined by means of the IP address) or the access times. Statistical surveys also include determining whether newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our intention nor, if used, that of the mailing service provider to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.

Unfortunately, it is not possible to cancel the success measurement separately. In this case, the entire newsletter subscription must be cancelled.

 Hosting and e-mailing

The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, e-mail dispatch, security services as well as technical maintenance services that we use for the purpose of operating this online offer.

In doing so, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer in accordance with Art. 6 para. 1 lit. f DSGVO in conjunction with Art. 28 DSGVO (conclusion of contract processing agreement).

Collection of access data and log files

We, or our hosting provider, on the basis of our legitimate interests as defined in Art. 6 para. 1 lit. f. DSGVO data about every access to the server on which this service is located (so-called server log files). The access data includes the name of the accessed website, file, date and time of access, transferred data volume, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited site), IP address and the requesting provider.

For security reasons (e.g. to clarify misuse or fraud), log file information is stored for a maximum of 7 days and then deleted. Data whose further storage is required for evidence purposes is excluded from deletion until the respective incident has been finally clarified.

Online presences in social media

We maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.

Unless otherwise stated in our privacy policy, we process the data of users if they communicate with us within the social networks and platforms, e.g. write articles on our online presences or send us messages.

Data protection information for online meetings, telephone conferences and webinars via “Zoom”  of the German National Association of Amateur Orchestras

We would like to inform you in the following about the processing of personal data in connection with the use of “Zoom”.

Purpose of processing

We use the “Zoom” tool to conduct telephone conferences, online meetings, video conferences and/or webinars (hereinafter: “Online Meetings”). “Zoom” is a service provided by Zoom Video Communications, Inc. which is based in the USA.

Responsible person

The person responsible for data processing in direct connection with the holding of “online meetings” is the Federal Association of German Amateur Orchestras.

Note: If you call up the “Zoom” website, the provider of “Zoom” is responsible for data processing. However, calling up the Internet site is only necessary for the use of “Zoom” in order to download the software for the use of “Zoom”. You can also use “Zoom” if you enter the respective meeting ID and, if necessary, additional access data for the meeting directly in the “Zoom” app. If you do not want to or cannot use the “Zoom” app, the basic functions can also be used via a browser version, which you can also find on the “Zoom” website.

What data is processed?

When using “Zoom”, different types of data are processed. The extent of the data also depends on the data you provide before or during participation in an “online meeting”. The following personal data are subject to processing:

User data: first name, last name, telephone (optional), e-mail address, password (if “Single-Sign-On” is not used), profile picture (optional), department (optional)

Meeting metadata: Topic, description (optional), participant IP addresses, device/hardware information

For recordings (optional): MP4 file of all video, audio and presentation recordings, M4A file of all audio recordings, text file of online meeting chat.

When dialling in by phone: information on incoming and outgoing phone number, country name, start and end time. If necessary, further connection data such as the IP address of the device can be saved.

Text, audio and video data: You may be able to use the chat, question or survey functions in an “online meeting”. To this extent, the text entries you make are processed in order to display and, if necessary, log them in the “online meeting”. In order to enable the display of video and the playback of audio, the data from the microphone of your terminal device and from any video camera of the terminal device will be processed for the duration of the meeting. You can switch off or mute the camera or microphone yourself at any time using the “Zoom” applications.

In order to participate in an “online meeting” or to enter the “meeting room”, you must at least provide information about your name.

Scope of processing

We use “zoom” to conduct “online meetings”. If we want to record “online meetings”, we will inform you transparently in advance and – if necessary – ask for your consent. The fact of the recording will also be displayed in the “Zoom” app. If it is necessary for logging the results of an online meeting, we will log the chat content. However, this will usually not be the case.

In the case of webinars, we can also process the questions asked by webinar participants for the purposes of recording and follow-up of webinars. If you are registered as a user at “Zoom”, reports on “online meetings” (meeting metadata, telephone dial-in data, questions and answers in webinars, survey function in webinars) can be stored for up to one month at “Zoom”.

The possibility of software-based “attention tracking” in “online meeting” tools such as “Zoom” is deactivated.

Automated decision making in the sense of Art. 22 DSGVO is not used.

Legal basis of the data processing

As far as personal data of employees of the Bundesverband Deutscher Liebhaberorchester are processed, § 26 BDSG is the legal basis for data processing. If, in connection with the use of “Zoom”, personal data are not required for the establishment, execution or termination of the employment relationship, but are nevertheless an elementary component of the use of “Zoom”, Art. 6 para. 1 lit. f) DSGVO is the legal basis for data processing. In these cases, we are interested in the effective implementation of “online meetings”.

In addition, the legal basis for data processing in the conduct of “online meetings” is Art. 6 para. 1 lit. b) DSGVO, insofar as the meetings are conducted within the framework of contractual relationships.

If no contractual relationship exists, the legal basis is Art. 6 para. 1 lit. f) DSGVO. Here too, we are interested in the effective implementation of “online meetings”.

Recipient / passing on of data

Personal data that is processed in connection with participation in “online meetings” is generally not passed on to third parties, unless it is specifically intended to be passed on. Please note that content from “online meetings” as well as personal meetings often serves the purpose of communicating information with customers, interested parties or third parties and is therefore intended for disclosure.

Other recipients: The provider of “Zoom” necessarily obtains knowledge of the above-mentioned data, insofar as this is provided for in our contract processing agreement with “Zoom”.

Data processing outside the European Union

“Zoom” is a service provided by a provider from the USA. Processing of personal data therefore also takes place in a third country. We have concluded a contract with the provider of “Zoom” that meets the requirements of Art. 28 DSGVO.

An adequate level of data protection is guaranteed on the one hand by the “Privacy Shield” certification of Zoom Video Communications, Inc. but also by the conclusion of the so-called EU standard contract clauses.

Your rights as a data subject

You have the right to be informed about the personal data concerning you. You can contact us for information at any time. In the case of a request for information that is not made in writing, we ask for your understanding that we may require you to provide evidence that proves that you are the person you claim to be.

Furthermore, you have the right to correction or deletion or to restriction of processing, as far as you are legally entitled to do so. Finally, you have the right to object to the processing within the scope of the statutory provisions. You also have a right to data transferability within the framework of the data protection regulations.

Deletion of data

As a matter of principle, we delete personal data when there is no need for further storage. A requirement can exist in particular if the data is still needed to fulfill contractual services, to check and grant or ward off warranty and guarantee claims. In the case of legal storage obligations, deletion only comes into consideration after expiry of the respective storage obligation.

Right of appeal to a supervisory authority

You have the right to complain about the processing of personal data by us to a data protection supervisory authority.

Amendment of this data protection notice

We will revise this privacy policy in the event of changes in data processing or other occasions that make this necessary. You will always find the current version on this website.

Status: 07.05.2020

Data protection information on the use of Google Analytics for the online publication of the association magazine “Das Liebhaberorchester”

On the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) Google Analytics, a web analysis service of Google LLC (“Google”). Google uses cookies. The information generated by the cookie about the use of the website by the user is usually transferred to a Google server in the USA and stored there. Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

Google will use this information on our behalf to evaluate the use of our website by the users, to compile reports on the activities within this website and to provide us with further services related to the use of this website and the internet. The processed data can be used to create pseudonymous user profiles of the users.

We only use Google Analytics with activated IP anonymization. This means that the IP address of the user is 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 is the full IP address transferred to a Google server in the USA and shortened there.

The IP address transmitted by the user’s browser is not merged with other data from Google. Users can prevent the storage of cookies by adjusting their browser software accordingly; users can also prevent the collection of data generated by the cookie and related to their use of the online offer to Google and the processing of this data by Google by downloading and installing the browser plugin available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

Further information on the use of data by Google, setting and objection options, can be found in the Google privacy policy (https://policies.google.com/technologies/ads) and in the settings for the display of advertising by Google (https://adssettings.google.com/authenticated).

The users’ personal data will be deleted or anonymized after 14 months.

(This part to Google Anayltics was created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke)

Integration of third party services and content

We set within our online offer on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO), we use content or service offers from third parties in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”).

This always presupposes that the third-party providers of such content are aware of the IP address of the users, as without the IP address they would not be able to send the content to their browsers. The IP address is therefore necessary for the display of this content. We make every effort to use only such content whose respective providers use the IP address only to deliver the content. Third party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may contain technical information about the browser and operating system, referring websites, visiting times and other details about the use of our online offer, as well as being linked to such information from other sources.

Created mit Datenschutz-Generator.de von RA Dr. Thomas Schwenke and translated with https://www.deepl.com/translator