Privacy policy according to the DSGVO

I. Name and address of the person responsible

The responsible party within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:

Schmalkalden University of Applied Sciences
Blechhammer
98574 Schmalkalden
Tel.: 03683 688-0
Fax: 03683 688 1999
www.hs-schmalkalden.de

II. Name and address of the data protection officer

The data protection officer of the data controller is:

Prof. Dr. Matthias Schneider
University of Applied Sciences Schmalkalden
Blechhammer
98574 Schmalkalden
Telephone: 03683 688-6112
Fax: +49 (0) 3683 688-6499
Mail: datenschutz(at)hs-schmalkalden.de

III General information on data processing

1. scope of the processing of personal data

As a matter of principle, we only process personal data of our users to the extent that this is necessary for the provision of a functional website as well as our contents and services. The processing of personal data of our users is regularly only carried out with the consent of the user. An exception applies in those cases in which it is not possible to obtain prior consent for actual reasons and the processing of the data is permitted by legal regulations.

2 Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing operations of personal data, Article 6 (1) lit. a of the EU General Data Protection Regulation (DSGVO) serves as the legal basis.
When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) (b) DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
Insofar as the processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject, Art. 6 (1) c DSGVO serves as the legal basis.
In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) (d) DSGVO serves as the legal basis.
If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 (1) lit. f DSGVO serves as the legal basis for the processing.

3 Data deletion and storage period

The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. Storage may take place beyond this if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a necessity for the continued storage of the data for the conclusion or fulfilment of a contract.

4. use of social media plugins

Our website contains links to social networks that establish a direct connection to the servers of the social networks such as Facebook and Instagram when the page is called up. Data may be collected by the networks in the process. This data and its purpose and scope are subject to the respective data protection of the individual Facebook products Facebook and Instagram. The processing and use of the data as well as further setting options for the protection of privacy can be found in the individual terms of use and data protection declarations at:

http://de-de.facebook.com/about/privacy/
https://www.facebook.com/help/instagram/478745558852511/?helpref=hc_fnav

Schmalkalden University of Applied Sciences maintains official company pages on the listed social networks. A connection with these university-owned profiles is on a voluntary basis and is not a prerequisite for receiving information. If enquiries are made to us via a contact form in advertisements, this information from the enquiry form, including the contact data provided there, is stored and processed at Schmalkalden University of Applied Sciences for the purpose of processing the enquiry and in the event of follow-up enquiries. The data processing is carried out in accordance with Art. 6 Para. 1 lit. a DSGVO on the basis of the user's voluntarily given consent. This can be objected to at any time or the consent can be revoked at any time (right of revocation). The personal data is processed exclusively for the intended purpose and stored only as long as it is needed for the respective transaction processing or related purposes. They are then deleted and not passed on to third parties.
If the user wishes to prevent the automatic transmission and storage of their data on our website through Facebook or Instagram buttons, the user should log out of Facebook or Instagram before visiting our site.

5. embedded videos by YouTube

The website of Schmalkalden University of Applied Sciences embeds YouTube videos for advertising and information purposes. These are stored on the servers of the provider YouTube and played from our website via an embedding. The embedding of the videos takes place with the option for extended data protection settings activated. This means that when you call up an internal university page with an embedded video from our YouTube channel, no data is passed on. Only when such a video is played is user-specific data stored in the form of YouTube cookies and DoubleClick cookies and possibly automatically transmitted to YouTube or Google Inc, Amphitheater Parkway, Mountain View, CA 94043, USA. Since YouTube is a service of Google Inc., this data is transmitted regardless of whether the user has a Google user account via which he or she is logged in or whether he or she does not have an account. If the user is logged in via his own Google account, this data may be assigned to him directly by Google. If the user does not wish to have this data assigned to his or her profile, he or she must log out before playing the video. Further information on this can be found in Google's privacy policy.

6. analysis tools and advertising

This website uses functions of the web analysis service Google Analytics. The provider is Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics uses so-called "cookies". These are text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. Google Analytics cookies are stored on the basis of Art. 6 (1) lit. f DSGVO. The website operator has a legitimate interest in analysing user behaviour in order to optimise both its website and its advertising.

IP anonymisation

We have activated the IP anonymisation function on this website. This means that your IP address is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area before being transmitted to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

Browser plugin

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) by Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

Objection to data collection

When you access the university site for the first time, you can use a cookie opt-in solution to allow Google Analytics or confirm the default non-use. For more information on how Google Analytics handles user data, please see Google's privacy policy: https://support.google.com/analytics/answer/6004245?hl=de.

Order data processing

We have concluded an order data processing contract with Google and fully implement the strict requirements of the German data protection authorities when using Google Analytics.

Demographic characteristics with Google Analytics

This website uses the "demographic characteristics" function of Google Analytics. This allows reports to be generated that contain statements about the age, gender and interests of site visitors. This data comes from interest-based advertising from Google as well as visitor data from third-party providers. This data cannot be assigned to a specific person. You can deactivate this function at any time via the ad settings in your Google account or generally prohibit the collection of your data by Google Analytics as shown in the item "Objection to data collection".

Google Analytics Remarketing

Our websites use the functions of Google Analytics Remarketing in conjunction with the cross-device functions of Google AdWords and Google DoubleClick. The provider is Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. This function makes it possible to link the advertising target groups created with Google Analytics Remarketing with the cross-device functions of Google AdWords and Google DoubleClick. In this way, interest-based, personalised advertising messages that have been adapted to you depending on your previous usage and surfing behaviour on one end device (e.g. mobile phone) can also be displayed on another of your end devices (e.g. tablet or PC). If you have given your consent, Google will link your web and app browsing history to your Google account for this purpose. In this way, the same personalised advertising messages can be displayed on every device on which you log in with your Google account. To support this feature, Google Analytics collects Google-authenticated IDs of users, which are temporarily linked to our Google Analytics data to define and create audiences for cross-device ad targeting. You can permanently object to cross-device remarketing/targeting by deactivating personalised advertising in your Google account; follow this link: https://www.google.com/settings/ads/onweb/. The aggregation of the collected data in your Google account is based solely on your consent, which you can give or withdraw at Google (Art. 6 para. 1 lit. a DSGVO). In the case of data collection processes that are not merged in your Google Account (e.g. because you do not have a Google Account or have objected to the merging), the collection of data is based on Art. 6 (1) lit. f DSGVO. The legitimate interest results from the fact that the website operator has an interest in the anonymised analysis of website visitors for advertising purposes. Further information and the data protection provisions can be found in Google's data protection declaration at: https://www.google.com/policies/technologies/ads/.

Google AdWords and Google Conversion Tracking

his website uses Google AdWords. AdWords is an online advertising programme of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States ("Google"). Within the framework of Google AdWords, we use so-called conversion tracking. When you click on an ad placed by Google, a cookie is set for conversion tracking. Cookies are small text files that the internet browser stores on the user's computer. These cookies lose their validity after 30 days and are not used to personally identify the user. If the user visits certain pages of this website and the cookie has not yet expired, Google and we will be able to recognise that the user clicked on the ad and was redirected to this page. Each Google AdWords customer receives a different cookie. The cookies cannot be tracked across AdWords customers' websites. The information obtained using the conversion cookie is used to create conversion statistics for AdWords customers who have opted in to conversion tracking. The customers learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive any information that personally identifies users. If you do not wish to participate in the tracking, you can object to this use by easily deactivating the Google conversion tracking cookie via your internet browser under user settings. You will then not be included in the conversion tracking statistics. The storage of "conversion cookies" is based on Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in analysing user behaviour in order to optimise both its website and its advertising. More information on Google AdWords and Google conversion tracking can be found in Google's privacy policy: https://www.google.de/policies/privacy/. You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. If you deactivate cookies, the functionality of this website may be limited.

Google Tag Manager

Google Tag Manager is a solution that allows marketers to manage website tags through one interface. The Tag Manager tool itself (which implements the tags) is a cookie-less domain and does not collect any personal data. The Tag Manager tool triggers other tags, which in turn may collect data. The Google Tag Manager does not access this data. If a deactivation has been made at domain or cookie level, this remains in place for all tracking tags implemented with the Google Tag Manager.
https://marketingplatform.google.com/about/analytics/tag-manager/use-policy/

IV. Provision of the website and creation of log files

1 Description and scope of data processing

Each time our website is called up, our system automatically collects data and information from the computer system of the calling computer. The following data is collected:

Information about the browser type and the version used.
The user's operating system
The IP address of the user
Date and time of access
The page accessed

This data is stored in the log files of our system. This data is not stored together with other personal data of the user.

2 Legal basis for data processing

The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 lit. f DSGVO.

3 Purpose of the data processing

The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the IP address of the user must remain stored for the duration of the session.

The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimise 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.

These purposes are also our legitimate interest in data processing according to Art. 6 Para. 1 lit. f DSGVO.

4 Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

In the case of storage of data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.

5. possibility of objection and removal

The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility for the user to object.

V. Contact form and e-mail contact

1 Description and scope of data processing

Our website contains a contact form which can be used for electronic contact. If a user takes advantage of this option, the data entered in the input mask is transmitted to us and stored. These data are:

First name
Surname
Street
POSTCODE
City
Telephone number
Fax
E-mail
Subject
Comment

For the processing of the data, your consent is requested during the sending process and reference is made to this data protection declaration.

Alternatively, it is possible to contact us via the e-mail address provided. In this case, the user's personal data transmitted with the e-mail will be stored.

In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.

2 Legal basis for data processing

The legal basis for the processing of data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.

The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f DSGVO. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO. 3.

3 Purpose of the data processing

The processing of the personal data from the input mask serves us solely to process the contact. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in processing 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 is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when the circumstances indicate that the matter in question has been conclusively clarified.

The additional personal data collected during the sending process will be deleted at the latest after a period of seven days.

5. possibility of objection and removal

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.

The revocation of consent and the revocation of storage must be made in writing by e-mail.

All personal data stored in the course of contacting us will be deleted in this case.

VI. Rights of the data subject

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

1. right of access

You may request confirmation from the controller as to whether personal data concerning you is being processed by us.

If there is such processing, you may request information from the controller about the following:

The purposes for which the personal data are processed;
the categories of personal data which are processed;
the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
the planned duration of the storage of the personal data relating to you or, if specific information on this is not possible, criteria for determining the storage period;
the existence of a right to rectify or erase the personal data concerning you, a right to restrict processing by the controller or 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 is not collected from the data subject;
the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information on whether personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 DSGVO in connection with the transfer.

This right of access may be limited to the extent that it is likely to render impossible or seriously impede the achievement of the research or statistical purposes and the limitation is necessary for the fulfilment of the research or statistical purposes.

2. right to rectification

You have a right to rectification and/or completion vis-à-vis the controller if the personal data processed concerning you is inaccurate or incomplete. The controller must make the rectification without undue delay.

Your right to rectification may be limited to the extent that it is likely to make impossible or seriously prejudice the achievement of the research or statistical purposes and the limitation is necessary for the fulfilment of the research or statistical purposes.

3. right to restriction of processing

You may request the restriction of the processing of personal data concerning you under the following conditions:

if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
the controller no longer needs the personal data for the purposes of the processing but you need them for the establishment, exercise or defence of legal claims; or
if you have objected to the processing pursuant to Article 21(1) DSGVO and it has not yet been determined whether the controller's legitimate grounds override your grounds.

Where the processing of personal data relating to you has been restricted, such data may - apart from being stored - only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or a Member State.

If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

Your right to restriction of processing may be limited to the extent that it is likely to make impossible or seriously impede the achievement of the research or statistical purposes and the restriction is necessary for the fulfilment of the research or statistical purposes.

4. right to erasure

a) Obligation to delete

You may request the controller to erase the personal data concerning you without undue delay and the controller is obliged to erase such data without undue delay if 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 withdraw your consent on which the processing was based pursuant to Art. 6 (1) (a) or Art. 9 (2) (a) DSGVO and there is no other legal basis for the processing.
You object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) of the GDPR.
The personal data concerning you have been processed unlawfully.
The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
The personal data concerning you has been collected in relation to information society services offered pursuant to Article 8(1) of the GDPR.

5. Information to third parties

If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable steps, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers that process the personal data that you, as the data subject, have requested them to erase all links to, or copies or replications of, that personal data.

6. exceptions

The right to erasure does not exist insofar as the processing is necessary

for the exercise of the right to freedom of expression and information;
for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
for reasons of public interest in the area of public health pursuant to Art. 9(2)(h) and (i) and Art. 9(3) DSGVO;
for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89(1) DSGVO, insofar as the right referred to in section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
for the assertion, exercise or defence of legal claims.

7. right to information

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the 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 of processing, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed of these recipients by the data controller.

8. right to data portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, common and machine-readable format. You also have the right to transfer 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 Art. 6 (1) a DSGVO or Art. 9 (2) a DSGVO or on a contract pursuant to Art. 6 (1) b DSGVO and
the processing is carried out with the help of automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. This must not affect the freedoms and rights of other persons.

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.

9. right of objection

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) DSGVO; this also applies to profiling based on these provisions.

The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.

If the personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purposes of such marketing; this also applies to profiling insofar as it is related to such direct marketing.

If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.

You also have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) of the GDPR.

Your right to object may be limited to the extent that it is likely to render impossible or seriously impair the realisation of the research or statistical purposes and the limitation is necessary for the fulfilment of the research or statistical purposes.

10. right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

11. automated decision in individual cases including profiling.

You have the right not to be subject to a decision based solely on automated processing - including profiling - which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

is necessary for the conclusion or performance of a contract between you and the controller,
is permitted under Union or Member State legislation to which the controller is subject and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
is done with your explicit consent.

However, these decisions may not be based on special categories of personal data pursuant to Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.

12. right to complain to 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 residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

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