Data Protection Declaration
Note: The following document has been carefully translated from the original German language document. However, in case of differences, the German language document shall apply.
I. Name and address of person responsible (hereinafter “data controller”)
The data controller within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the Member States as well as other data protection regulations is:
Helmholtz-Zentrum Berlin für Materialien und Energie GmbH
Hahn-Meitner-Platz 1
D-14109 Berlin
https://www.helmholtz-berlin.de/
II. Name and address of the Data Protection Officer
The Data Protection Officer for the data controller is:
Boris Krause
Tel.: (030) 8062-42408
E-Mail: datenschutz@helmholtz-berlin.de
III. General information on data processing
1. Scope of the processing of personal data
We process personal data of our users only to the extent necessary for the functionality of the website as well as our contents and services. The processing of personal data of our users takes place regularly only after consent of the user. An exception applies in those cases where prior acquisition of consent is impossible to obtain for genuine reasons and the processing of the data is permitted by law.
2. Legal basis for the processing of personal data
Insofar as we obtain consent of the person affected by the processing procedure of personal data (“data subject"), Art. 6(1)(a) of the EU General Data Protection Regulation (hereinafter „GDPR“) shall serve as the legal basis.
In the processing of personal data that is required for the performance of a contract to which the data subject is a party, Art. 6(1)(b) of the GDPR shall serve as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.
Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, Art. 6(1)(c) of the GDPR shall serve as the legal basis.
In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6(1)(d) of the GDPR shall serve as the legal basis.
If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, and fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6(1)(f) of the GDPR shall serve as the legal basis for processing.
3. Data erasure and storage period
The personal data of the person concerned will be erased or blocked as soon as the purpose of storage ceases to apply. Moreover, data storage may occur if this has been provided for by the European or national legislative body in regulations, laws or other provisions to which the data controller is subject, which are concordant with those of the EU. The data will also be blocked or erased if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.
IV. Provision of the website and creation of log files
1. Description and scope of data processing
Every time you visit our website, our system automatically collects data and information from the computer system of the calling computer.
The following data are collected at that point:
- information about the browser type and version used
- the IP address of the user
- URLs visited on our website
- volume of data transferred
- date and time of access
The data are stored in the log files of our system. These data are not stored together with other personal data of the user.
2. Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6(1)(f) of the GDPR.
3. Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer.
The data are stored in log files to ensure the functionality of the website. In addition, the data helps us to improve the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context. The stored data are evaluated once a month at present in anonymous form for our purely internal web statistics.
These purposes are concordant with our interest in data processing pursuant to Art. 6(1)(f) GDPR.
4. Duration of storage
The data will be erased as soon as they are no longer necessary to achieve the purpose for which they were collected.
If the data are stored in log files, this is the case after one month at the latest. Further storage is possible. In this case, the IP addresses of the users are alienated, so that assignment to the calling client is no longer possible.
5. Opportunity to object and remove
The collection of the data for the provision of the website and the storage of the data in log files are absolutely necessary for the operation of the website. Consequently, there is no opportunity for objection on the part of the user.
V. Use of cookies
1. Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in or by the Internet browser on the user's computer system. If a user visits a website, a cookie can be stored on the user's operating system. This cookie contains a characteristic character string that enables unique identification of the browser when the website is called up again.
When you visit our website, an information banner informs you about the use of cookies for analytical purposes and refers you to this data protection declaration. In this context, we would like to point out that the use of cookies can be prevented in the browser settings.
We use cookies on our website that facilitate analysis of the user's surfing behaviour.
In this way, the following data can be transmitted:
- search terms entered
- frequency of page views
- use of website functions
The user data collected in this way is pseudonymised through technical means. As a result, it is no longer possible to assign the data to the calling user. The data will not be stored together with personal data of other users.
It is indispensable that a session cookie is set for using GATE. If you have disabled cookies in your browser settings, you will not be able to access Gate.
2. Legal basis for data processing
The legal basis for the processing of personal data using cookies that are technically necessary is Art. 6(1)(f) of the GDPR.
The legal basis for processing personal data using cookies for analytical purposes is through the applicable consent provided by the user in accordance with Art. 6(1)(a) of the GDPR.
3. Purpose of data processing
The purpose of using technically necessary cookies is to enable users to utilise websites. The user data collected by technically necessary cookies are not used to create user profiles.
The analysis cookies are used to improve the quality of our website and its content. We learn how the website is used through the analysis cookies and can thus continuously improve what we offer.
The functions of GATE cannot be offered without the use of session cookies. It is necessary for GATE that the browser is recognized again after changing pages.
4. Duration of storage, opportunity for objection and removal
Cookies are stored on the user's computer and transmitted to our website. Therefore, you as a user also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.
VI. Newsletter
1. Description and scope of data processing
You can subscribe to a free newsletter on our website. When registering for the newsletter, the data from the input screen is transmitted to us.
The transmitted data comprises the e-mail address (mandatory entry).
Title, first name, surname and gender can be entered voluntarily.
In addition, the following data are collected upon registration:
- IP address of the calling computer
- the date and time of registration
In the course of the registration process, your consent is obtained for the processing of the data and reference is made to this data protection declaration.
In connection with the data processing for the dispatch of newsletters, the data are passed on to Newsletter2Go GmbH, a service provider. The data will be used exclusively for sending the newsletter. Newsletter2Go is prohibited from selling the data and using it for purposes other than sending HZB newsletters.
2. Legal basis for data processing
The legal basis for the processing of data following newsletter registration by the user is Art. 6(1)(a) GDPR.
3. Purpose of data processing
The collection of the user's e-mail address serves to deliver the newsletter.
The collection of other personal data as part of the registration process serves to prevent misuse of the services or the e-mail address used.
4. Duration of storage
The data will be erased as soon as they are no longer necessary to achieve the purpose for which they were collected. The user's e-mail address will therefore be stored for as long as the subscription to the newsletter is active.
The other personal data collected during the registration process will generally be erased after a period of seven days.
5. Opportunity to object and remove
The subscription to the newsletter can be cancelled by the subscriber at any time. There is a link in every newsletter for this purpose.
This also makes it possible to revoke consent to the storage of personal data collected during the registration process.
VII. Registration
1. Description and scope of data processing
We offer users the opportunity to register on our website by providing personal data. The data are entered into an input screen, transmitted to us, and saved. The data will not be passed on to third parties unless the user has given his consent. An exception applies in those cases where the data transfer ist required by law. Depending on the service for which you register, various personal data are collected. These include e.g.:
- First and last name, and birth name if applicable
- Date of birth
- Place of birth
- Nationality
- Gender
- Address
- Email address
- Telephone number
At the time of registration, the following data are also stored:
- the date and time of registration
In the course of the registration process, the user's consent to the processing of this data is obtained.
2. Legal basis for data processing
The legal basis for processing the data is Art. 6(1)(a) of the GDPR if the user has given consent.
If registration serves the fulfilment of a contract to which the user is a party or the implementation of pre-contractual measures, the additional legal basis for processing the data is Art. 6(1)(b) of the GDPR.
3. Purpose of data processing
Registration on our website is necessary in order to provide the user with certain information and services. Registration may also be required for the performance of a contract or for the implementation of pre-contractual measures.
4. Duration of storage
The data will be erased as soon as they are no longer necessary to achieve the purpose for which they were collected.
Data collected during the registration process that is not connected with the fulfilment of contractual or pre-contractual obligations will be erased as soon as the user declares that she or he no longer wishes to receive information or services and that there are no legal obligations preventing erasure.
Data collected for the performance of a contract or for the execution of pre-contractual measures will be erased if the data are no longer required for the execution of the contract. Even after conclusion of the contract, it may still be necessary to store personal data of the contractual partner in order to fulfil contractual or legal obligations.
5. Opportunity to object and remove
As a user you have the opportunity at any time to cancel the registration. You can change the data stored about you at any time. Please use the options communicated during registration or indicated on our website or send an email to datenschutz@helmholtz-berlin.de.
If the data are required to fulfil a contract or to carry out pre-contractual measures, premature erasure of the data is only possible insofar as there are no contractual or statutory obligations to the contrary.
VIII. E-mail contact
1. Description and scope of data processing
You can contact the HZB via the e-mail address provided. In this case, the user's personal data transmitted by e-mail will be stored.
In this context, the data will not be passed on to third parties. The data are used exclusively for processing the conversation.
2. Legal basis for data processing
The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6(1)(f) of the GDPR. If the e-mail contact is for purposes of concluding a contract, then an additional legal basis for the processing is Art. 6(1)(b) of the GDPR.
3. Purpose of data processing
The processing of the personal data from the input screen is only used by us for processing the contact request. In the event of contact by e-mail, this also constitutes a necessary legitimate interest in the processing of the data.
The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.
4. Duration of storage
The data will be erased as soon as they are no longer necessary to achieve the purpose for which they were collected. For personal data sent by e-mail, this is the case when the conversation with the user is finished. The conversation is terminated when it can be inferred from the circumstances that the matter in question has been finally clarified.
5. Opportunity to object and remove
The user has the opportunity at any time to revoke consent to the processing of personal data. If users contacts us by e-mail, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.
Please get in touch your contact person or send an email to datenschutz@helmholtz-berlin.de for this purpose.
All personal data stored in the course of contacting us will be erased in this case.
IX. Web analysis by Google Analytics
Our website uses the "Google Analytics" service, which is provided by Google Inc. (1600 Amphitheater Parkway, Mountain View, CA 94043, USA) for analysis of website usage by users. The service uses "cookies" - text files that are stored on your terminal. The information collected by the cookies is usually sent to a Google server in the USA and stored there.
IP anonymisation is used on our website. The IP address of users within the Member States of the EU and the European Economic Area will be truncated. This truncation eliminates the personal reference to your IP address. As part of the agreement to the service contract we have entered into with Google Inc., Google uses the information collected to develop an evaluation of website usage and activity and to provide services related to Internet usage.
You have the option of preventing the storage of cookies on your device by making appropriate settings in your browser. It is not guaranteed that you can have unrestricted access to all the functionality of our website if your browser does not allow cookies.
Moreover, you can use a browser plug-in to prevent the information collected by cookies (including your IP address) from being sent to Google Inc. and used by Google Inc. The following link leads you to the corresponding plugin: https://tools.google.com/dlpage/gaoptout?hl=en
Here you will find further information on data use by Google Inc.: https://support.google.com/analytics/answer/6004245?hl=en
X. Rights of the data subject
1. Right to information
You can request the data controller to confirm whether personal data concerning you will be processed by us.
If such processing has taken place, you can request the following information from the data controller:
- the purposes for which the personal data are processed;
- the categories of personal data being processed;
- the recipients or categories of recipients to whom the personal data concerning you have been or are still being disclosed;
- the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
- the existence of a right to rectification or erasure of personal data concerning you, a right to restrict processing by the data controller, and a right to object to such processing;
- the existence of a right of appeal to a supervisory authority;
- any available information on the origin of the data if the personal data are not collected from the data subject;
- the existence of automated decision-making including profiling in accordance with Art. 22(1) and (4) of the GDPR and – at least in these cases – meaningful information on the logic involved as well as the scope and intended effects of such processing for the data subject.
You have the right to request information as to whether the personal data concerning you is transferred to a non-EU country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 of the GDPR in connection with the transmission.
This right to information may be limited to the extent that it is likely to make it impossible or seriously impair the fulfilment of research or statistical purposes and the limitation is necessary for the fulfilment of these purposes.
2. Right to rectification
You have a right to rectification and/or completeness vis-à-vis the data controller in so far as the personal data concerning you are incorrectly or incompletely processed. The data controller shall undertake the rectification without delay.
Your right to rectification may be limited in so far that it is likely to render impossible or seriously impair the fulfilment of research or statistical purposes and the limitation is necessary for the fulfilment of these purposes.
3. Right to limitation of processing
Under the following conditions, you can request that the processing of personal data concerning you be restricted if:
- you dispute the accuracy of the personal data concerning you for a period of time that enables the data controller to verify the accuracy of the personal data;
- the processing is unlawful and you decline the erasure of the personal data and instead request that the use of the personal data be restricted;
- the data controller no longer needs the personal data for the purposes of the processing, but you need them to assert, exercise, or defend legal claims, or
- you have filed an objection to the processing pursuant to Art. 21(1) GDPR and it has not yet been determined whether the legitimate reasons of the data controller outweigh your reasons.
If the processing of personal data concerning you has been restricted, such data may only be processed – apart from their storage – with your consent or for the purpose of asserting, exercising, or defending rights, protecting the rights of another natural or legal person, or on grounds of an important public interest of the EU or a Member State.
If the processing restriction has been restricted in accordance with the above conditions, you will be informed by the data controller before the restriction is lifted.
Your right to restriction of processing may be limited in so far that it is likely to render impossible or seriously impair the fulfilment of research or statistical purposes and the restriction is necessary for the fulfilment of these purposes.
4. Right to erasure
a) Duty to erase
You may request the data controller to erase the personal data relating to you without delay and the data controller is obliged to erase this data without delay in so far as one of the following reasons applies:
- The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
- You revoke your consent, on which the processing was based pursuant to Art. 6(1)(a) or Art. 9(2)(a) of the GDPR, and there is no other legal basis for the processing.
- You file an objection against the processing pursuant to Art. 1 of the GDPR and there are no overriding legitimate reasons for the processing, or you file an objection against the processing pursuant to Art. 21(2) of the GDPR.
- The personal data concerning you were processed unlawfully.
- The erasure of personal data relating to you is necessary to fulfil a legal obligation under EU law or the law of the Member States to which the data controller is subject.
- The personal data concerning you were collected in relation to services offered by an information company pursuant to Art. 8(1) of the GDPR.
b) Information to third parties
If the data controller has made the personal data concerning you public and is obliged to erase it pursuant to Art. 17(1) of the GDPR, the data controller shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data processors who process the personal data that you as the data subject have requested the erasure of all links to this personal data or of copies or replications of this personal data.
c) Exceptions
The right to erasure does not exist if the processing is necessary:
- to exercise the right to freedom of expression and information;
- for the performance of a legal obligation required for processing under the law of the EU or of the Member States to which the data controller is subject or for the performance of a task in the public interest or in the exercise of official authority conferred on the data controller;
- for reasons of public interest in the field of public health pursuant to Art. 9(2)(h) and (i) and Art. 9(3) of the GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes, or for statistical purposes pursuant to Art. 89(1) of the GDPR, insofar as the law referred to under a) is likely to make it impossible or seriously impair the fulfilment of the objectives of such processing, or
- to assert, exercise, or defend legal claims.
5. Right to be informed
If you have exercised your right to have the data controller rectify, erase, or restrict the processing, the data controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction on processing, unless this proves impossible or involves a disproportionate effort.
You shall have the right to be informed by the data controller of such recipients.
6. Right to data transferability
You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, common and machine-readable format. In addition, you have the right to pass this data on to another data controller without obstruction by the data controller to whom the personal data was provided, provided that:
- processing is based on consent pursuant to Art. 6(1)(a) of the GDPR, or Art. 9(2)(a) of the GDPR, or on a contract pursuant to Art. 6(1)(b) of the GDPR and
- processing is carried out by means of automated methods.
In exercising this right, you also have the right to request that the personal data concerning you be transferred directly from one data controller to another data controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be impaired by this.
The right to transferability shall not apply to the processing of personal data necessary for the exercise of a task that is in the public interest, or in the exercise of official authority conferred on the data controller.
7. Right of objection
You have the right to object at any time for reasons arising from your particular situation to the processing of your personal data in accordance with Art. 6(1)(e) or (f) of the GDPR.
The data controller shall no longer process the personal data concerning you, unless compelling and substantial grounds for the processing can be demonstrated that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise, or defend legal claims.
If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising. If you object to the processing of data for purposes of direct marketing, the personal data concerning you will no longer be processed for these purposes.
You have the opportunity to exercise your right of objection in connection with the use of services of an information company by means of automated procedures using technical specifications, Directive 2002/58/EC notwithstanding.
You also have the right to object to the processing of personal data concerning you for scientific or historical research purposes or for statistical purposes pursuant to Art. 89(1) of the GDPR for reasons arising from your particular situation.
Your right of objection may be limited to the extent that it is likely to make it impossible or seriously impair the fulfilment of research or statistical purposes and the limitation is necessary for the fulfilment of these purposes.
8. Right to revoke the data protection declaration of consent
You have the right to revoke your data protection declaration of consent at any time. The revocation of consent shall not affect the legality of the processing carried out on the basis of the consent until revocation.
9. Right of appeal to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right of appeal to a supervisory authority, in particular in the Member State where you reside or work, or the location of the suspected infringement, if you believe that the processing of personal data concerning you is contrary to the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant of the status and results of the complaint, including the option of a judicial remedy under Article 78 of the GDPR.