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Data Protection

Privacy Policy

This is the privacy policy governing the use of this portal and all subdomains belonging to these domains. The user agrees to the privacy provisions set out herein.

All terms used hereinafter that refer specifically to one gender are to be understood as applying explicitly to all genders.

The processing of personal data in connection with the use of the aforementioned websites – such as a data subject’s name, address, email address or telephone number of a data subject, always takes place in accordance with the EU General Data Protection Regulation (GDPR) and in compliance with the state-specific data protection regulations applicable to the City of Jena, in particular the Thuringian Data Protection Act. This privacy policy informs the public about the nature, scope and purpose of the personal data collected, used and processed by the City of Jena in connection with the use of the aforementioned websites. Furthermore, this privacy policy informs data subjects of their rights.

Personal data is stored on specially secured servers in Germany. Access to this data is restricted to a small number of specifically authorised individuals who are responsible for the technical, commercial or editorial management of the servers. The data is conscientiously protected against loss, destruction, falsification, manipulation and unauthorised access or disclosure.

Definitions

This privacy policy is based on the terminology used by the European legislators and regulators when enacting the GDPR. This privacy policy is intended to be easy to read and understand. To ensure this, the terms used are explained at the outset.

Among others, the following terms are used in this privacy policy:

a) Personal data

Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as the ‘data subject’). A natural person is considered identifiable if they 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 one or more specific characteristics that express the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

b) Data subject

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

c) Processing

Processing means any operation or set of operations which is carried out on personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, distribution or any other form of making available, the alignment or combination, the restriction, erasure or destruction.

(d) Restriction of processing

Restriction of processing means the marking of stored personal data with the aim of restricting its future processing.

e) Profiling

Profiling means any form of 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 concerning that natural person’s work performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements 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 use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures that ensure the personal data is not attributed to an identified or identifiable natural person.

g) Data controller

The controller 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 Union law or the law of the Member States, the controller or the specific criteria for its designation may be laid down in accordance with Union law or the law of the Member States.

h) Data processor

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

i) Recipient

A recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, irrespective of whether they are a third party or not. However, public authorities which may receive personal data in the course of a specific investigation mandate under Union law or the law of the Member States shall not be regarded as recipients.

j) Third party

A third party is a natural or legal person, public authority, agency or other 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 means any freely given, specific, informed and unambiguous indication of the data subject’s wishes, expressed by a statement or by a clear affirmative action, by which the data subject indicates that they agree to the processing of personal data relating to them.

Name and address of the data controller and the data protection officer

The data controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions relating to data protection is:

Carsten Müller, Site Manager at JenaKultur
Contact person: Antje Jurdzinski

JenaKultur
Knebelstraße 10
07743 Jena

Tel. +49 3641 49-8040
jenakultur@jena.de

Data Protection Officer for the data controller:

Melanie Pesch,
Am Anger 15
07743 Jena
or PO Box 10 03 38, 07703 Jena

Tel. 03641 49-2113
datenschutz@jena.de

Collection of general data and information

The City of Jena’s website collects a range of general data and information each time a data subject or an automated system accesses the website. This general data and information is stored in the server’s log files. The following may be collected:

  • (1) browser types and versions used,
  • (2) the operating system used by the accessing system,
  • (3) the website from which an accessing system reaches the City’s website (known as the referrer),
  • (4) the sub-pages of the city’s website accessed via an accessing system,
  • (5) the date and time of access to the website,
  • (6) an Internet Protocol address (IP address),
  • (7) the internet service provider of the accessing system; and
  • (8) other similar data and information used for security purposes in the event of attacks on the city’s information technology systems.

When using this general data and information, the City of Jena does not draw any conclusions about the data subject. The data stored in the log files is not stored together with any other personal data relating to the user.
The legal basis for the temporary storage of the data and log files is Article 6(1)(e) of the GDPR.

This information is required in order to

  • (1) deliver the content of the city’s website correctly,
  • (2) optimise the content of the city’s website and the advertising on it,
  • (3) ensure the long-term functionality of the city’s information technology systems and the website’s technology, and
  • (4) to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber-attack.

This data and information, collected anonymously, is therefore analysed by the City of Jena for statistical purposes and, furthermore, with the aim of enhancing data protection and data security within the City of Jena, ultimately to ensure an optimal level of protection for the personal data processed by the City of Jena. The data is not analysed for marketing purposes in this context.

The data is deleted as soon as it is no longer required to fulfil the purpose for which it was collected. In the case of data collected for the purpose of providing the website, this is the case once the respective session has ended. Storage beyond this period is possible. In this case, users’ IP addresses are deleted or anonymised so that it is no longer possible to identify the client from which the request originated.

The collection of data for the purpose of providing the website and the storage of data in log files is essential for the operation of the website. Consequently, users have no right to object.

Cookies

The City of Jena’s website uses cookies. Cookies are text files that are placed and stored on a computer system via a web browser.

Numerous websites and servers use cookies. Many cookies contain what is known as a cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters that enables websites and servers to associate the specific web browser in which the cookie was stored. This enables the websites and servers visited to distinguish the data subject’s individual browser from other web browsers containing different cookies. A specific web browser can be recognised and identified via the unique cookie ID.

By using cookies, the City of Jena can provide users of this website with more user-friendly services that would not be possible without the use of cookies.

Cookies enable the information and content on the website to be optimised to suit the user’s needs. For example, a user of a website that uses cookies does not have to re-enter their login details every time they visit the site, as this information is retrieved by the website from the cookie stored on the user’s computer system.

The data subject may prevent the City of Jena’s website from setting cookies at any time by adjusting the relevant settings in their web browser, thereby permanently objecting to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via a web browser or other software programmes. This is possible in all common web browsers. If the data subject disables the setting of cookies in the web browser they are using, it may not be possible to use all functions of the website to their full extent.

The legal basis for the processing of personal data using cookies is Article 6(1)(f) of the GDPR.

Contact options via the website

In accordance with statutory provisions, the City of Jena’s website contains details that enable rapid electronic contact and direct communication, including a general electronic mail address (e-mail address). If a data subject contacts the data controller by email or via a contact form, the personal data transmitted by the data subject is stored automatically. Such personal data, provided voluntarily by a data subject to the controller, is stored for the purposes of processing the enquiry or contacting the data subject. This personal data is not disclosed to third parties.

Routine erasure and restriction of personal data

The data controller processes and stores the data subject’s personal data only for the period necessary to fulfil the purpose of storage, or insofar as this is provided for by the European legislator or another competent legislator in laws or regulations to which the data controller is subject.

If the purpose of storage ceases to apply or if a retention period prescribed by the European legislative and regulatory authorities or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

Rights of the data subject

(a) Right to confirmation

Every data subject has the right, as granted by the European legislative authorities, to request confirmation from the data controller as to whether personal data concerning them are being processed. Should a data subject wish to exercise this right to confirmation, they may contact the City of Jena at any time.

b) Right of access

Every data subject affected by the processing of personal data has the right, as granted by the European legislative and regulatory authorities, to receive, at any time and free of charge, information from the data controller regarding the personal data stored about them, and a copy of this information. Furthermore, the European legislative and regulatory authorities have granted the data subject the right to be provided with the following information:

  • the purposes of the processing,
  • the categories of personal data being processed,
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular where recipients are in third countries or international organisations,
  • where possible, the envisaged period for which the personal data will be stored, or, if this is not possible, the criteria used to determine that period,
  • the existence of a right to rectification or erasure of personal data concerning them, or to restriction of processing by the controller, or a right to object to such processing,
  • the existence of a right to lodge a complaint with a supervisory authority,
  • where the personal data are not collected from the data subject: any available information as to the source of the data,
  • the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the GDPR and — at least in such cases — meaningful information about the logic involved, as well as the significance and intended consequences of such processing for the data subject.

Furthermore, the data subject has the right to be informed 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 is also entitled to receive information about the appropriate safeguards in connection with the transfer.

If a data subject wishes to exercise this right to information, they may contact the City of Jena at any time.

c) Right to rectification

Any data subject affected by the processing of personal data has the right, as granted by European legislation (directives and regulations), to request the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data – including by means of a supplementary statement.

If a data subject wishes to exercise this right to rectification, they may contact the City of Jena at any time.

d) Right to erasure (right to be forgotten)

Any data subject affected by the processing of personal data has the right, as granted by European legislation, to request that the controller erase personal data relating to them without delay, provided that one of the following grounds applies and insofar as the processing is not necessary:

  • The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
  • The data subject withdraws their consent on which the processing was based pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR, and there is no other legal basis for the processing.
  • The data subject objects to the processing in accordance with Article 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in accordance with Article 21(2) of the GDPR.
  • The personal data has been processed unlawfully.
  • The erasure of the personal data is necessary for compliance with a legal obligation under Union law or the law of the Member States 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 GDPR.

If any of the above grounds apply and a data subject wishes to request the erasure of personal data stored by the City of Jena, they may contact the City at any time.

If the personal data has been made public by the City of Jena and the City, as the controller, is obliged to erase the personal data in accordance with Article 17(1) of the GDPR, the City shall, taking into account the available technology and the costs of implementation, take appropriate measures, including technical measures, to inform other data controllers processing the published personal data that the data subject has requested those other controllers to erase all links to such personal data, or copies or replicas thereof, insofar as the processing is not necessary. The necessary steps will be taken on a case-by-case basis.

e) Right to restriction of processing

Any data subject affected by the processing of personal data has the right, as granted by the European legislator, to request that the controller restrict the processing if one of the following conditions is met:

  • The data subject disputes the accuracy of the personal data, for a period enabling the controller to verify the accuracy of the personal data.
  • The processing is unlawful; the data subject objects to the erasure of the personal data and instead requests that the use of the personal data be restricted.
  • The controller no longer requires the personal data for the purposes of the processing, but the data subject requires it for the establishment, exercise or defence of legal claims.
  • The data subject has objected to the processing in accordance with Article 21(1) of the GDPR, and it has not yet been determined whether the controller’s legitimate grounds override those of the data subject.

If any of the above conditions are met and a data subject wishes to request the restriction of personal data stored by the City of Jena, they may contact the City at any time. The restriction of processing will be arranged.

f) Right to data portability

Every data subject affected by the processing of personal data has the right, granted by the European legislator, to receive the personal data concerning them, which the data subject has provided to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR, and the processing is carried out by automated means, provided that the processing is not 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, when exercising their right to data portability under Article 20(1) of the GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, provided that this is technically feasible and does not adversely affect the rights and freedoms of others.

The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

To exercise the right to data portability, the data subject may contact the City of Jena at any time.

g) Right to object

Any data subject affected by the processing of personal data has the right, granted by the European legislator, to object, on grounds relating to their particular situation, to object at any time to the processing of personal data relating to them which is carried out on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.

In the event of an objection, the City of Jena will no longer process the personal data unless it can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves to establish, exercise or defence of legal claims.

Where the City of Jena processes personal data for the purposes of direct marketing, the data subject has the right to object at any time to the processing of personal data for the purposes of such marketing. This also applies to profiling in so far as it is related to such direct marketing. If the data subject objects to the City of Jena regarding processing for the purposes of direct marketing, the City of Jena will no longer process the personal data for these purposes.

Furthermore, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them carried out by the City of Jena for scientific or historical research purposes or for statistical purposes in accordance with Article 89(1) of the GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

To exercise the right to object, the data subject may contact the City of Jena directly. The data subject is also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise their right to object by means of automated procedures using technical specifications.

h) Automated individual decision-making, including profiling

Any data subject affected by the processing of personal data has the right, as granted by the European legislator, not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning them or similarly significantly affects them, 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 Union or Member State law to which the controller is subject, and that law provides for suitable measures to safeguard the data subject’s rights and freedoms as well as their legitimate interests; or
  • (3) is based on the data subject’s explicit consent.

If the decision

  • (1) necessary for the conclusion or performance of a contract between the data subject and the controller, or
  • (2) is made with the data subject’s explicit consent, the City of Jena shall take appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, including at least the right to obtain human intervention on the part of the controller, to express their point of view and to contest the decision.

If the data subject wishes to exercise rights in relation to automated decisions, they may contact the City of Jena at any time.

i) Right to withdraw consent under data protection law

Any data subject affected by the processing of personal data has the right, granted by the European legislator, to withdraw consent to the processing of personal data at any time. Withdrawal of consent does not affect the lawfulness of processing carried out on the basis of that consent prior to its withdrawal. If the data subject wishes to exercise their right to withdraw consent, they may contact the City of Jena at any time.

Data protection provisions regarding the use of Matomo

The data controller has integrated the Matomo component into this website. Matomo is an open-source web analytics tool. Web analytics refers to the collection, gathering and analysis of data regarding the behaviour of website visitors. Among other things, a web analytics tool records data on which website a data subject came from (known as the ‘referrer’), which subpages of the website were accessed, and how often and for how long a subpage was viewed. Web analytics is primarily used to optimise a website and to carry out a cost-benefit analysis of online advertising.

The software is operated on the controller’s server; the log files, which are sensitive in terms of data protection law, are stored exclusively on this server.

The purpose of the Matomo component is to analyse visitor traffic on this website. The data controller uses the data and information obtained, amongst other things, to evaluate the use of this website in order to compile online reports detailing activity on the city’s websites. This helps to continuously improve the website and its user-friendliness. These purposes also constitute the legitimate interest in the processing of the data pursuant to Article 6(1)(f) of the GDPR. The anonymisation of the IP address ensures that the users’ interest in the protection of their personal data is adequately safeguarded.

Matomo places a cookie on the data subject’s information technology system. What cookies are has already been explained above. The placement of the cookie enables the City of Jena to analyse the use of the city’s website. Each time a page on this website is accessed, the Matomo component automatically prompts the web browser on the data subject’s IT system to transmit data to our server for the purposes of online analysis. As part of this technical process, we obtain personal data, such as the data subject’s IP address, which we use, amongst other things, to trace the origin of visitors and clicks.

Cookies are used to store personal information, such as the time of access, the location from which access took place and the frequency of visits to our website. Each time our website is visited, this personal data – including the IP address of the internet connection used by the data subject – is transmitted to our server. We store this personal data. This personal data is not passed on to third parties.

The software is configured so that IP addresses are not stored in full; instead, 2 bytes of the IP address are masked (e.g. 192.168.xxx.xxx). In this way, it is no longer possible to link the truncated IP address to the computer making the request.

As explained above, the data subject may at any time prevent the municipal website from setting cookies by adjusting the settings of the internet browser they are using, thereby permanently objecting to the setting of cookies. Adjusting the settings of the internet browser in this way would also prevent Matomo from setting a cookie on the data subject’s information technology system. Furthermore, a cookie already set by Matomo can be deleted at any time via an internet browser or other software programmes.

Furthermore, the data subject has the option to object to the collection of data generated by Matomo relating to the use of this website and to prevent such collection. To do this, the data subject must set an opt-out cookie. If the data subject’s IT system is subsequently deleted, formatted or reinstalled, the data subject must set an opt-out cookie again.

However, setting the opt-out cookie may mean that the data subject is no longer able to make full use of the data controller’s websites.

Further information and Matomo’s applicable data protection provisions can be found at https://matomo.org/privacy/.

Disable web analytics

Legal basis for processing

Where consent is obtained from the data subject for the processing of personal data, Article 6(1)(a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.

Where the processing of personal data is necessary for the performance of a contract to which the data subject is a party, Article 6(1)(b) of the GDPR serves as the legal basis. This also applies to processing operations necessary for the implementation of pre-contractual measures.

Where the processing of personal data is necessary for compliance with a legal obligation to which the City of Jena is subject, Article 6(1)(c) of the GDPR serves as the legal basis.

Where the processing of personal data is necessary to protect the vital interests of the data subject or of another natural person, Article 6(1)(d) of the GDPR serves as the legal basis.

Where the processing of personal data is necessary for the performance of a task carried out in the public interest by the City of Jena, or where the processing is carried out in the exercise of official authority, Article 6(1)(e) of the GDPR serves as the legal basis for the processing.

If the processing is necessary to safeguard a legitimate interest of the City of Jena or a third party, and the interests, fundamental rights and freedoms of the data subject do not override the former interest, Article 6(1)(f) of the GDPR serves as the legal basis for the processing.

Statutory or contractual provisions regarding the provision of personal data; necessity for the conclusion of a contract; the data subject’s obligation to provide personal data; possible consequences of failure to provide data

The provision of personal data is in some cases required by law (e.g. tax regulations) or may also arise from contractual provisions (e.g. details of the contracting party). In some cases, the conclusion of a contract may require a data subject to provide personal data which must subsequently be processed by the City. For example, the data subject is obliged to provide personal data if the City enters into a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact the City. The data subject will then be informed, on a case-by-case basis, as to whether the provision of personal data is required by law or under the terms of the contract, or is necessary for the conclusion of the contract; whether there is an obligation to provide the personal data; and what the consequences of failing to provide the personal data would be.

Existence of automated decision-making

The City of Jena does not use automated decision-making or profiling.

Use of YouTube

This website uses plugins from YouTube, a site operated by Google. The operator of the site is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. When you visit a web page featuring a YouTube plug-in, a connection is established with YouTube’s servers. In doing so, the YouTube server is informed of which web page you have visited.

If you are logged into your YouTube account, you allow YouTube to associate your browsing behaviour directly with your personal profile. You can prevent this by logging out of your YouTube account.

When integrating YouTube videos, the website uses the enhanced data protection mode offered by Google, which ensures that no cookies are stored before an embedded YouTube video is played.

Further information on the handling of user data can be found in YouTube’s privacy policy at: https://www.google.de/intl/de/policies/privacy

Use of other services

This website uses the following services provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA:

  • Google Fonts (fonts)
  • Google Translate (website translator)
  • Google reCAPTCHA (security check)

Further information and the applicable privacy policy of Google Inc. can be found at https://policies.google.com/privacy.

Social media

The City of Jena takes the current debate on data protection in social networks very seriously. It is not yet legally clear whether, and to what extent, all social networks provide their services in accordance with European data protection regulations.

It is therefore expressly pointed out that the services used by the City of Jena – Twitter, Facebook, Xing, Instagram, Google+ and YouTube – store their users’ data (e.g. personal information, IP address) in accordance with their data usage policies and use it for commercial purposes. The City of Jena has no influence over the collection of data or its subsequent use by these social networks. Consequently, there is no information regarding the extent to which, the location where and the duration for which the data is stored; the extent to which the networks comply with existing obligations to delete data; what analyses and linkages are made with the data; or to whom the data is disclosed.

Right to lodge a complaint 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, your place of work or the place where the alleged infringement occurred, if you consider that the processing of personal data relating to you infringes the GDPR.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and the outcome of the complaint, including the possibility of a judicial remedy under Article 78 of the GDPR.