Kunst am Bau · Privacy Statement

Thank you for your interest in our organisation. Data protection is a high priority for the management of the Neukölln Department of Culture. While no disclosure of personal information is required to use the Art im Architecture and Art in Urban Space website, if a data subject wants to use the special services provided by our organisation via our website, the processing of personal data may become necessary. If we need to process personal data and there is no legal basis for such processing, we will seek the consent of the data subject. The processing of all personal data, including name, address, email address, and phone number, is always in line with the General Data Protection Regulation and in accordance with country specific data regulations applicable to the Neukölln Cultural Department. The purpose of this data privacy declaration is to inform the public about the nature, scope, and purpose of the personal data we collect, process, and use. Data subjects are, furthermore, informed of their rights by means of this data protection declaration. As the data controller, Neukölln Cultural Department has implemented technical and organisational measures to ensure the most complete protection of personal data processed through our website. Nevertheless, internet-based data transfers can be subject to security vulnerabilities, so absolute protection cannot be guaranteed. In light of this, data subjects are welcome to transfer personal data to us by alternative means such as telephone.

1. Definitions
The Neukölln Cultural Department data protection declaration is based on the terms used by the European Data Protection Directive and Regulatory Authority in accordance with the General Data Protection Regulation (GDPR).

2. Name and address of the data controller
In accordance with the definitions in the General Data Protection Regulation, other data protection laws applicable in European Union member states, and other data protection provisions, the data controller is the District Office of Neukölln, represented by the District City Councillor Ms Janine Wolter, Head of the Department of Education, Culture, and Sport.

Contact:
Bezirksamt Neukölln von Berlin
Geschäftsbereich Bildung, Kultur und Sport
Fachbereich Kultur
Karl-Marx-Str. 141
12043 Berlin

Ph.: 030 90239 2431
Email: dorothee.bienert@bezirksamt-neukoelln.de

3. Data protection officer contact details:
Email: datenschutz@bezirksamt-neukoelln.de
Postal address: Karl-Marx-Str. 83, 12040 Berlin

4. Cookies
The website for Kunst am Bau and Kunst im Stadtraum does not generally use cookies. However, the map module displaying an overview of Kunst am Bau projects embeds the mapping service CARTO (CARTO Inc., 135 W 20th St, New York, NY 10011, USA). When using this map function, CARTO may set cookies and transfer data – including your IP address – to CARTO servers, which may be located outside the European Union. We have no influence over the further processing of this data by CARTO. For information on data protection at CARTO, please visit: https://carto.com/privacy

5. Collection of general data and information
The Art im Architecture and Art in Urban Space website collects a range of basic data and information each time a data subject or automated system visits the website. This basic data and information is stored in the server log files. The following data may be collected: (1) the browser type and version (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (known as the ‘referrer’), (4) the sub-websites, that are accessed via an accessing system on our website, (5) the date and time of website access, (6) internet protocol address (IP address), (7) the internet service provider of the accessing system, and (8) other similar data and information that serves to avert danger in the event of attacks on our information technology systems. The Culture Department of Neukölln does not draw any conclusions about the data subject when using this general information. The information is needed to (1) deliver the contents of our website correctly (2) optimise the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. This anonymously collected data and information is used, firstly, for statistical analysis, and, secondly, evaluated with the aim of increasing the data protection and data security of our institution so as to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data in the server log files is stored separately from any personal data provided by data subjects.

6. Routine erasure and blocking of personal data
The controller will only process and store a data subject’s personal data for the period of time necessary to achieve the purpose of the storage or where provided by the European Directive and Regulation Body or other legislator of laws or regulations to which the controller is subject. If the storage purpose ceases to be applicable or if a storage period prescribed by the European Directive and Regulation Body or other responsible legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

7. Rights of the data subject
a) Right to confirmation
• Every data subject has the right, granted by the European Directive and Regulation, to obtain confirmation from the controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right to confirmation, they may, at any time, contact any employee of the controller.

b) Right of access
• Any person concerned about the processing of personal data has the right, granted by the European Directive and Regulation, to obtain information about the personal data stored about them and a copy of that information from the controller, free of charge, at any time. The European Directive and Regulation Body grants the data subject access to the following information:
o the purpose of the processing
o the categories of personal data processed
o the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular in the case of recipients in third countries or international organisations
o if possible, the planned duration for which the personal data will be stored, or if that is not possible, the criteria for determining the duration
o the existence of a right to obtain the correction or deletion of personal data concerning them, or to restrict the processing by the controller, and the right to object to such processing
o the existence of a right of appeal to a supervisory authority. Irrespective of any other administrative or judicial remedy, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the member state of the data subject’s place of residence, work, or the location of the alleged infringement, if the data subject considers that the processing of personal data concerning them infringes on the GDPR. The supervisory authority with which the complaint has been lodged will inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 of the GDPR. Responsible data authority: The Berlin Commissioner for Data Protection and Freedom of Information Friedrichstr. 219, Berlin, 10969 Ph: (030) 1388-90 Email: mailbox@datenschutz-berlin.de
o if personal data was not collected from the data subject: all available information about the origin of the data
o the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and — in these cases at least — meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
Furthermore, the data subject has the right to be informed whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate safeguards in connection with the transfer. If a data subject wishes to exercise this right of access, they can contact the staff of the controller at any time.
c) Right to rectification
• Any person affected by the processing of personal data has the right, granted by the European Directive and Regulation, to request the immediate rectification of any inaccurate personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purpose of the processing. If a data subject wishes to exercise this right of rectification, they may, at any time, contact the staff of the controller.
d) Right to deletion (right to be forgotten)
• Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain the deletion of personal data concerning them from the controller without delay where one of the following grounds applies and insofar as the processing is no longer necessary:
o the personal data was collected or otherwise processed for such purposes for which they are no longer necessary
o the data subject revokes the consent on which the processing was based pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR and there is no other legal basis for the processing
o the data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 (2) GDPR
o the personal data has been processed unlawfully
o the deletion of personal data is necessary for compliance with a legal obligation under union or member state law to which the controller is subject
o the personal data was collected in relation to the information society services offered pursuant to Article 8(1) of the GDPR
If one of the aforementioned reasons applies, and a data subject wishes to arrange for the deletion of personal data stored by Culture Department of Neukölln, they may contact the staff of the controller at any time. The staff of FCulture Department of Neukölln will arrange for immediate compliance with the deletion request. If the personal data has been made public by Culture Department of Neukölln, and our organisation as the controller is obliged to delete the personal data pursuant to Article 17 (1) of the GDPR, Culture Department of Neukölln will, taking into account the cost of implementation and the available technology, implement reasonable measures to inform other data controllers which process the published personal data, that the data subject has requested that those other data controllers delete all links to, or copies of or replications of the personal data, unless the processing is necessary. The Neukölln Department of Culture staff will organise what is required on a case-by-case basis.
e) Right to restrict processing
• Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain from the controller the restriction of processing where one of the following conditions is met:
o the accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data
o the processing is unlawful, the data subject objects to the deletion of the personal data and requests restrictions of the use of the personal data instead
o the controller no longer needs the personal data for the purposes of processing, but the data subject needs it for the assertion, exercise, or defence of legal claims
o the data subject has objected to the processing pursuant to Article 21 (1) of the Data Protection Regulation and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by Culture Department of Neukölln, they can contact staff of the controller at any time. Culture Department of Neukölln staff will organise for the processing to be restricted.

f) Right to data portability
The right to data portability pursuant to GDPR Recital 68 is not exercised against controllers in the performance of their public tasks.
• Any person affected by the processing of personal data has the right, granted by the European Directive and Regulation, to receive the personal data concerning them that has been provided by the data subject to the controller in a structured, commonly used, and machine-readable format. The data subject also has the right to transmit such data to another controller without hinderance from the controller to whom the personal data has been 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, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Furthermore, when exercising the right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to obtain the direct transfer of personal data from one controller to another controller where technically feasible and provided that it does not adversely affect the rights and freedoms of other persons. The right to data transfer under GDPR Recital 68 should not be exercised against controllers in the performance of their public tasks. The data subject can contact Culture Department of Neukölln staff at any time to assert the right of data portability.

g) Right to object
• Any data subject concerned by the processing of personal data has the right, granted by the European Directives and Regulations, to object at any time, on grounds relating to their particular situation, to processing of personal data concerning them 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, Culture Department of Neukölln will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing that overrides the interests, rights, or freedoms of the data subject, or for the assertion, exercise, or defence of legal claims. If Culture Department of Neukölln processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. The same applies to profiling, insofar as it is related to such direct marketing. If the data subject objects to Culture Department of Neukölln processing the data for direct marketing purposes, Culture Department of Neukölln will no longer process that personal data for those purposes. In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning them which is carried out by Culture Department of Neukölln for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the Data Protection Regulation (GDPR) unless such processing is necessary for the performance of a task carried out in the public interest. In order to exercise the right to object, the data subject may contact Culture Department of Neukölln staff or another employee directly. The data subject is also free to exercise their right to object by means of automated procedures using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EG.
h) Right to withdraw consent under data protection law
• Any person affected by the processing of personal data has the right, granted by the European Directive and Regulation, to withdraw their consent to the processing of personal data at any time. If the data subject wishes to exercise the right to withdraw consent, they can contact staff of the controller at any time.

8. Legal basis for processing
Article 6 (1)(a) of the GDPR provides our organisation with the legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case with, for example, processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Article 6 (1)(b) of the GDPR.
The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in the case of enquiries about our products or services. If our institution is subject to a legal obligation by which the processing of personal data becomes necessary, such as for the fulfilment of tax obligations, the processing is based on Article 6(1)(c) of the GDPR.
In rare cases, the processing of personal data may become necessary in order to protect the vital interests of the data subject or another natural person. The processing would in that case be based on Article 6 (1)(d) of the GDPR. Finally, processing operations may be based on Article 6 (1)(f) of the GDPR. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our organisation or a third party, provided that the interests, fundamental rights, and freedoms of the data subject are not overridden. Such processing operations are permitted to us because they were specifically mentioned by the European legislator. In this respect, the view is taken that a legitimate interest could be assumed if the data subject is a customer of the controller (GDPR Recital 47, sentence 2).

9. Retention periods for personal data
The criteria for the duration of storage of personal data is the respective statutory retention period of ten years. After expiry of this period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfilment of the contract or the initiation of the contract.

10. Legal requirements for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide personal data; possible consequences of not providing data
The provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Before providing personal data, the data subject can contact our staff. Staff will inform the data subject on a case-by-case basis whether the provision of that data is required by law or necessary for the conclusion of the contract, where there is an obligation to provide the personal data and what the consequences of not providing the personal data would be.

11. The existence of automated decision making
As a responsible organisation, we do not use automated decision making or profiling. This data protection declaration was created by the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the External Data Protection Officer for Lower Bavaria, in cooperation with the data protection lawyers of the law firm WILDE BEUGER SOLMECKE | Rechtsanwälte.