Notes regarding GDPR (General Data Protection Rights)
We are very pleased about your interest in our company. Data protection has a particularly high priority for the W. A. Mozart-Akademie GmbH. The W. A. Mozart-Akademie GmbH website can be used without providing any personal data. However, if a person concerned wishes to make use of special services offered by our company via our website, it may become necessary to process personal data. If it is necessary to process personal data and there is no legal basis for such processing, we generally obtain the consent of the person concerned.
The processing of personal data, for example the name, address, e-mail address or telephone number of a person concerned, is always carried out in accordance with the basic data protection regulation and in compliance with the country-specific data protection regulations applicable to the W. A. Mozart-Akademie GmbH. By means of this data protection declaration, our company wishes to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, this data protection declaration informs affected persons about the rights to which they are entitled.
The W. A. Mozart-Akademie GmbH, as the entity responsible for processing, has implemented technical and organisational measures to ensure that the personal data processed via this website is protected as completely as possible. Nevertheless, Internet-based data transmissions can, in principle, have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, such as by telephone.
1. Definitions
The data protection declaration of the W. A. Mozart-Akademie GmbH is based on the terminology used by the European guidelines and ordinances when the basic data protection regulation (GDPR) was issued. Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms, among others, in this data protection declaration:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as 'data subject'). An identifiable natural person is one who 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 factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
(b) Data subject
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
(c) Processing of personal data
Processing is any operation or set of operations, performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
(d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
(e) Profiling
Profiling is any 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 relating to that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, conduct, location or change of location.
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 additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data is not attributed to an identified or identifiable natural person.
(g) Controller or data controller
Controller or data controller shall mean the natural or legal person, public authority, agency or any 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 by the law of the Member States, provision may be made for the controller or for the specific criteria for his or her designation in accordance with Union law or the law of the Member States.
(h) Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
(i) Recipient
The recipient is any natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the course of a specific investigation, in accordance with Union or national law, shall not be considered as recipients.
(j) Third party
Third party means any natural or legal person, public authority, agency or 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 authorized to process the personal data.
(k) Consent
Consent shall mean any freely given specific and informed expression of the data subject's will in an informed and unequivocal manner, in the form of a declaration or other unequivocal affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.
2. Name and address of the controller
The person responsible within the meaning of the basic data protection regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:
W. A. Mozart-Akademie GmbH
Alte Reichsstr. 9,
94363 Oberschneiding / Germany
3. Collection of general data and information
The website of the W. A. Mozart-Akademie GmbH collects a number of general data and information with every call to the website by a person concerned or an automated system. These general data and information are stored in the server's log files. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites which are accessed via an accessing system on our website, (5) the date and time of an access to the Internet site, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information which serve to prevent risks in the event of attacks on our information technology systems.
When using this general data and information, W. A. Mozart-Akademie GmbH does not draw any conclusions about the person concerned. Rather, this information is required in order to (1) deliver the contents of our website correctly, (2) optimize the contents of our website and the advertising for it, (3) ensure the permanent functionality of our information technology systems and the technology of our website, and (4) provide law enforcement agencies with the information necessary for prosecution in the case of a cyber attack. These anonymously collected data and information are therefore statistically evaluated by the W. A. Mozart-Akademie GmbH on the one hand and also with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a person concerned.
4. Registration on our website
The data subject shall have the possibility to register on the Internet site of the controller by providing personal data. The personal data transmitted to the data controller is specified in the registration form. The personal data entered by the data subject are collected and stored solely for internal use by the data controller and for his own purposes. The data controller may arrange for the transfer to one or more processors, such as a parcel service provider, who shall also use the personal data exclusively for internal use attributable to the controller.
Furthermore, by registering on the controller's website, the IP address assigned to the data subject by the Internet Service Provider (ISP), the date and time of registration are stored. This data is stored with the aim of preventing the misuse of our services and, if necessary, to enable the investigation of criminal offences. To this extent, the storage of this data is necessary to protect the person responsible for processing. As a matter of principle, this data will not be passed on to third parties, unless there is a legal obligation to do so or the passing on of the data serves criminal prosecution.
The registration of the data subject under voluntary disclosure of personal data serves the data controller to offer the data subject content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have them completely deleted from the data base of the data controller.
The data controller shall at any time upon request provide any data subject with information as to which personal data relating to the data subject are stored. In addition, the controller shall correct or delete personal data at the request or notification of the data subject, unless otherwise required by law. The entire staff of the data controller is available to the data subject as contact persons in this context.
5. Contact possibility via the website
Due to legal regulations, the website of the W. A. Mozart-Akademie GmbH contains information that enables quick electronic contact to our company as well as direct communication with us, which also includes a general address for so-called electronic mail (e-mail address). If a person concerned contacts the data controller by e-mail or via a contact form, the personal data transmitted by the person concerned is automatically stored. Such personal data transmitted voluntarily by a data subject to the controller are stored for the purposes of processing or contacting the data subject. Such personal data shall not be disclosed to third parties.
6. Routine erasure and blocking of personal data
The controller shall process and store personal data relating to the data subject only for the time necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or by any other law or regulation to which the controller is subject.
If the purpose of storage ceases to apply or if a storage period prescribed by the European Directive and Regulation Authority or any other competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the law.
7. Rights of the person concerned
(a) Right to confirmation
Every person concerned has the right, granted by the European Directives and Regulations, to obtain confirmation from the data controller as to whether personal data relating to him or her are being processed. If a person wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.
(b) Right of information
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain at any time and free of charge from the controller information on the personal data stored in relation to him or her and a copy thereof. Furthermore, the European Directive and Regulation Authority has granted the person concerned access to the following information:
the processing purposes
the categories of personal data processed
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or to international organisations
if possible, the planned period for which the personal data will be stored or, if this is not possible, the criteria for determining this period
the existence of a right of rectification or erasure of personal data relating to them or of a right of objection to their processing by the controller
the existence of a right of appeal to a supervisory authority
if the personal data are not collected from the data subject: All available information on the origin of the data
the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the GPDR and, at least in these cases, meaningful information about the logic involved and the scope and intended impact of such processing on the person concerned
The data subject shall also have the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in relation to the transfer.
If a person wishes to exercise this right of access, he or she may at any time contact a member of the staff of the controller.
(c) Right of rectification
Every person concerned by the processing of personal data has the right, granted by the European legislator, to request the rectification without delay of inaccurate personal data concerning him. The person concerned also has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.
If a person wishes to exercise this right of rectification, he or she may at any time contact an employee of the controller.
(h) Automated case-by-case decisions including profiling
Every person concerned by the processing of personal data has the right, as granted by the European Directives and Regulations, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or significantly affects him or her in a similar way, 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 national legislation to which the controller is subject and that such legislation provides for adequate safeguards of the rights and freedoms and legitimate interests of the person concerned, or (3) is taken with the explicit consent of the person
If the decision (1) is necessary for the conclusion or performance of a contract between the person concerned and the responsible person or (2) is made with the express consent of the person concerned, W. A. Mozart-Akademie GmbH shall take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the person concerned, which shall include at least the right to obtain the intervention of a person from the responsible person, to present his or her own standpoint and to contest the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time contact a member of the staff of the controller.
(i) Right to withdraw consent for data protection
Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation Authority , to revoke his or her consent to the processing of personal data at any time.
If the person concerned wishes to exercise his or her right to withdraw consent, he or she may at any time contact an employee of the controller.
8) Legal basis of the processing
Art. 6 I lit. a GPDR serves our company as a legal basis for processing operations for 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 person concerned is a party, as is the case, for example, with processing operations necessary for the supply of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b GPDR. The same applies to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which makes it necessary to process personal data, for example to fulfil tax obligations, the processing is based on Art. 6 I lit. c G. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company was injured and his or her name, age, health insurance details or other vital information had to be disclosed to a doctor, hospital or other third party. The processing would then be based on Art. 6 I lit. d GPDR. Finally, processing operations could be based on Art. 6 I lit. f GPDR. Processing operations which are not covered by any of the above legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 sentence 2 GPDR)
9. Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f GPDR, our legitimate interest is to carry out our business activities for the benefit of the well-being of all our employees and our shareholders.
10. Duration for which personal data are stored
The criterion for the duration of storage of personal data is the respective legal retention period. 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 a contract.
11. Legal or contractual provisions on the provision of personal data; necessity for the conclusion of the contract; obligation of the person concerned to provide the personal data; possible consequences of nonprovision
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a data subject provides us with personal data, which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company concludes a contract with him/her. Failure to provide the personal data would mean that the contract with the person concerned could not be concluded. Before the person concerned makes personal data available, he or she must contact one of our employees. Our employee will inform the person concerned on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.
12. Existence of automated decision making
As a responsible company, we avoid automatic decision making or profiling.
This data protection declaration was created and in parts modified by the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as external data protection officer, in cooperation with the lawyer for data protection law Christian Solmecke.
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